We are defined, located, relocated only in the terms of our own perception or the assigned or thrust perception.We replicate our own image,aura, reputation and they cunningly create only that perception that suits them.
Thursday, 28 November 2013
I do not write or propose any solution. My only objective is to initiate a process, trigger thinking on the part of all of us.Churn your thought as mush as you can. I shall do the corresponding churning also.
But I will never impose,guide.
Choose your own way.Walk that way. Fix your destination. Change it as many time as you wish. Walk as much as you can, wish or are required. You alone are the master.
Do not agree.I do not want you to agree. Not everything written by me is always correct.
Cannot be correct!
I know!
Just differ,that is fine.
Let me differ with you.
But KNOW ME
I want to know you and all.
But I will never impose,guide.
Choose your own way.Walk that way. Fix your destination. Change it as many time as you wish. Walk as much as you can, wish or are required. You alone are the master.
Do not agree.I do not want you to agree. Not everything written by me is always correct.
Cannot be correct!
I know!
Just differ,that is fine.
Let me differ with you.
But KNOW ME
I want to know you and all.
Generations fear each other, know not why. The past is past but not gone nor erased. Tomorrow is as much present as to-day itself. In fact now, just now ,to-day these are as much past as the past itself and tomorrow is a constantly emerging and is always here. No river flows twice.Nothing gets repeated. Each moonshine is a new-shine. Each flower is every time only new. No twitter,howsoever sweet or melancholy has ever been rehearsed. Every dawn is that first dawn- last dawn.Every dew is only once fresh. I am only once born and only once dead. There is never any repetition. In facts no generation has any thing in common. Only continuous change is nature and nature plans,governs and proposes not to be planned,governed or proposed. Nature only rules and guide.
Wednesday, 27 November 2013
Constitution always stands for the society and never for an individual.It stands for supremacy of law. It is conceived democratically.
Constitution stands for law and everything that is for law and it stands against every thing that is against law. Rule as per law, in the name of law,and get yourself ruled through that law which you yourself created.
Constitutionalsm,thus is the sum total of all those activities that lead to governance of a nation democratically and only as per law.It controls the concept of absolute state, absolute power, and absolute governance. It divides power or regulates the source of authority.
Constitutionalsm,controls overflow of power and there by is the safest safeguard against exploitation and autocratic despotism.
Constitution stands for law and everything that is for law and it stands against every thing that is against law. Rule as per law, in the name of law,and get yourself ruled through that law which you yourself created.
Constitutionalsm,thus is the sum total of all those activities that lead to governance of a nation democratically and only as per law.It controls the concept of absolute state, absolute power, and absolute governance. It divides power or regulates the source of authority.
Constitutionalsm,controls overflow of power and there by is the safest safeguard against exploitation and autocratic despotism.
Constitution always stands for the society and never for an individual.It stands for supremacy of law. It is conceived democratically.
Constitution stands for law and everything that is for law and it stands against every thing that is against law. Rule as per law, in the name of law,and get yourself ruled through that law which you yourself created.
Constitutionalsm,thus is the sum total of all those activities that lead to governance of a nation democratically and only as per law.It controls the concept of absolute state, absolute power, and absolute governance. It divides power or regulates the source of authority.
Constitutionalsm,controls overflow of power and there by is the safest safeguard against exploitation and autocratic despotism.
Constitution stands for law and everything that is for law and it stands against every thing that is against law. Rule as per law, in the name of law,and get yourself ruled through that law which you yourself created.
Constitutionalsm,thus is the sum total of all those activities that lead to governance of a nation democratically and only as per law.It controls the concept of absolute state, absolute power, and absolute governance. It divides power or regulates the source of authority.
Constitutionalsm,controls overflow of power and there by is the safest safeguard against exploitation and autocratic despotism.
Tuesday, 26 November 2013
The availability of resources is not enough. Easy and equal opportunity and access to all the resources without discrimination is the essence of justice. Equal access means equal in time and type. But equality cannot mean equality between unequal. Talking about equality among unequal is only talking about gross injustice. To ensure fair access to all the resource is justice. Preference for all deprived, disabled, weak is justice. Let not the weak lose the hope.
Saturday, 23 November 2013
The range of working of the legal system is so vast in variety and volume that the rules have to be more and more specific in order to save the system from subjective orientation. In order to make it more and more objective, stanard ant trustworthy, rules have to be framed. Even in those areas where the discretion of the judge was the ruling factor, they have been increasingly narrowed down.
Wednesday, 20 November 2013
Why you cannot enjoy me, my success and my achievement.
I know , I was not born great, not rich but I have walked all through my life wholeheartedly without break or pause and I survived all that might have ruined me and have grown to fullest of my capability surpassing your quality benchmarks-why do not you acknowledge me and my worth.
I know , I was not born great, not rich but I have walked all through my life wholeheartedly without break or pause and I survived all that might have ruined me and have grown to fullest of my capability surpassing your quality benchmarks-why do not you acknowledge me and my worth.
Tuesday, 19 November 2013
What is the true statement,I do not know.
The performance,the over all demeanor , reputation of Indian Judiciary is often debated. Some call it non-performer, some have a perception of this system too active, still some would express satisfaction on the overall performance . By and large the Indian Judiciary is widely appreciated and is also receiving accolades from all corners irrespective of class,caste,creed,religion and political or social affiliations.
At the same time ,the judiciary also comes under social scanner and at times is under receiving ends on certain issues.
Clogged court-dockets is one area where this system finds itself helpless.
Very large number of under trial prisoners ,little of effective civil justice, untrained HR, no computerization, out dated house keeping, Poor effective planning,administration and management, inadequate and sadist infrastructure, inconsistent judging are few of the areas of deepest concern.
Really slow system without any amount of certainty about timeliness is real cause of worry.
Poor judge population is alarming.
Inadequate investment has caused a buzz.
The performance,the over all demeanor , reputation of Indian Judiciary is often debated. Some call it non-performer, some have a perception of this system too active, still some would express satisfaction on the overall performance . By and large the Indian Judiciary is widely appreciated and is also receiving accolades from all corners irrespective of class,caste,creed,religion and political or social affiliations.
At the same time ,the judiciary also comes under social scanner and at times is under receiving ends on certain issues.
Clogged court-dockets is one area where this system finds itself helpless.
Very large number of under trial prisoners ,little of effective civil justice, untrained HR, no computerization, out dated house keeping, Poor effective planning,administration and management, inadequate and sadist infrastructure, inconsistent judging are few of the areas of deepest concern.
Really slow system without any amount of certainty about timeliness is real cause of worry.
Poor judge population is alarming.
Inadequate investment has caused a buzz.
Sunday, 17 November 2013
The society must walk ahead but law must keep along.
Nothing can be more suicidal than static law
A society that resists changes without rethinking is bound to suffer freshness.
Top of the legal adjudication or framer body must be granted freedom to free themselves and society that is erroneous, irrelevant, obsolete, out-dated or otherwise useless.
New thoughts ,facts and figures or other materials must be taken note of by whole legal fraternity to avoid injustice.
Nothing can be more suicidal than static law
A society that resists changes without rethinking is bound to suffer freshness.
Top of the legal adjudication or framer body must be granted freedom to free themselves and society that is erroneous, irrelevant, obsolete, out-dated or otherwise useless.
New thoughts ,facts and figures or other materials must be taken note of by whole legal fraternity to avoid injustice.
Saturday, 16 November 2013
If you allow bad and dirty litigation to enter your justice delivery system and occupy space in court docket,and are further unable to identify those avoidable litigation or luxurious litigation or oppressive litigation and further do not know how to deal with those painful dockets ,
You your-self are creating problem for the whole system.
Further more if a system ceases to trust other organs or over stretches itself, there is imminent risk of running down the whole life of the system itself.
Conserve the system supportingly. Even if you as a system are working better than other organs/systems, you are not the whole of society and cannot save yourself from weaknesses of other system- stakeholders/ segments getting reflected and polluting,infecting.
Any system is only a system and works only co-operatingly.
You your-self are creating problem for the whole system.
Further more if a system ceases to trust other organs or over stretches itself, there is imminent risk of running down the whole life of the system itself.
Conserve the system supportingly. Even if you as a system are working better than other organs/systems, you are not the whole of society and cannot save yourself from weaknesses of other system- stakeholders/ segments getting reflected and polluting,infecting.
Any system is only a system and works only co-operatingly.
Friday, 15 November 2013
You did it and you will face it. Most of the time,you voluntarily decide to do it or did not abstain yourself from doing or not doing that.
Be responsible for that.
No more a learner,no more a fresher.
Get set,,comprehend,infer,device and do with confidence.
Do own your deeds.
No more shifting the blame, no more the game.
Before deciding get ready to own whatever you decide- consequences are just following in the same color .
Be responsible for that.
No more a learner,no more a fresher.
Get set,,comprehend,infer,device and do with confidence.
Do own your deeds.
No more shifting the blame, no more the game.
Before deciding get ready to own whatever you decide- consequences are just following in the same color .
Thursday, 14 November 2013
If there is law and a mandate that law has to prevail, let law prevail and bind the law framers and law institutions. None is and must be above law. Law governs universally. None should be given an impression that he alone is subjected to law or that he will play with law. Let law be its own master. None should own law. None should be allowed to govern law. Let the consequences of the law of the day flow to all without discrimination.
That is the way to build up a society governed by law.That is the way King gets governed so that He can govern. King is respected because King respects Law.
That is the way to build up a society governed by law.That is the way King gets governed so that He can govern. King is respected because King respects Law.
Wednesday, 13 November 2013
Stumbling blocks in the way of Justice in India to one and all--
1) Law avoidance tendency due to fear of Law
2)Non accessible system due to economic reasons
3) Excessive numbers of law
4)Expensive legal procedure
5)Inadequate information about law
6)Inadequate and sub-standard legal professional service
7) Grossly inadequate legal aid infrastructure
8) Opaque information system within the justice delivery system
9)Manually administered and managed system
10)Judicial system without planing and a system
11) Lack of co-ordination between different stake holders and different segments
12) Stale system organisation and sub-standard bench marks
13) Lack of even basic data,never updated house keeping
14)Untrained Human resources
15) Non-enthusiastic Man power
16)No participation of the public
16) No routine nor any time-table
17) No public participation in reform steps
17) Over self esteem centered system
18) Ego of the system and those within the system
19) To many and to much of competing versions of justice
20) Multi- character social fabric-at times contradicting each other
21) Unstable economic and political organisation of Indian Society and state
22) Historical reasons
23) Poor social integration, literacy, health
1) Law avoidance tendency due to fear of Law
2)Non accessible system due to economic reasons
3) Excessive numbers of law
4)Expensive legal procedure
5)Inadequate information about law
6)Inadequate and sub-standard legal professional service
7) Grossly inadequate legal aid infrastructure
8) Opaque information system within the justice delivery system
9)Manually administered and managed system
10)Judicial system without planing and a system
11) Lack of co-ordination between different stake holders and different segments
12) Stale system organisation and sub-standard bench marks
13) Lack of even basic data,never updated house keeping
14)Untrained Human resources
15) Non-enthusiastic Man power
16)No participation of the public
16) No routine nor any time-table
17) No public participation in reform steps
17) Over self esteem centered system
18) Ego of the system and those within the system
19) To many and to much of competing versions of justice
20) Multi- character social fabric-at times contradicting each other
21) Unstable economic and political organisation of Indian Society and state
22) Historical reasons
23) Poor social integration, literacy, health
Sara khel hi sparsh ka hai
Sparsh ka swaroop hi aapki, hamari bhavna ke swaroop ko batata hai
Hamari shesh sari abhibyakti bhi sparsh ke pahle ki athwa sparsh ke baad ki abhivyaktiya hoti hai
Bhojan, anand, protshahan, santwana, prem, vitrishna, tyag, asha, nirasha, pratiksha, utsah, pranay, khel, samaj, samuh, jivan, janm, maran, santan, santati, jivan prakriya, jiwan chakra, jivan kal- ye sare kewalek sparsh ke hi adhin hai.
Sparsh ka daan hi shrestthtam daan hai.
Sparsh param purushkar hai.
Sparsh se hi shristi hai
Sparsh hi sambandh ko paribhasit karta hai, dikhata hai, batata hai.
Sparsh hi adhikar tatha dayitva ka nirdharan karta hai.
Sparsh hi atmiyata ka maapdand hai.
Sparsh hi sambhandho ki ghoshna hai ,parichayak hai.
Sparsh hi anand hai,suraksha hai.
Sparsh hi prerna hai
Sparsh hi santosh tatha santushti hai.
Sparsh hi shanti hai.
Sparsh dena aur lena, yahi to jiwan chakra hai.
Sparsh ki nirantata hi shristi ki nirantarta hai
Sparsh hi gati hai,tap hai, urja hai
Sparsh ki iksha ,pravriti hi to aakarshan hai, gurutwarshakan hai
Sparsh hi to mass tatha volume,bhar tatha matra ka karan hai.
Sparsh hi to shakti, (force ) hai, propellent, fuel, indhan hai.
Sparsh hi to lakshya hai.
Sparsh ka swaroop hi aapki, hamari bhavna ke swaroop ko batata hai
Hamari shesh sari abhibyakti bhi sparsh ke pahle ki athwa sparsh ke baad ki abhivyaktiya hoti hai
Bhojan, anand, protshahan, santwana, prem, vitrishna, tyag, asha, nirasha, pratiksha, utsah, pranay, khel, samaj, samuh, jivan, janm, maran, santan, santati, jivan prakriya, jiwan chakra, jivan kal- ye sare kewalek sparsh ke hi adhin hai.
Sparsh ka daan hi shrestthtam daan hai.
Sparsh param purushkar hai.
Sparsh se hi shristi hai
Sparsh hi sambandh ko paribhasit karta hai, dikhata hai, batata hai.
Sparsh hi adhikar tatha dayitva ka nirdharan karta hai.
Sparsh hi atmiyata ka maapdand hai.
Sparsh hi sambhandho ki ghoshna hai ,parichayak hai.
Sparsh hi anand hai,suraksha hai.
Sparsh hi prerna hai
Sparsh hi santosh tatha santushti hai.
Sparsh hi shanti hai.
Sparsh dena aur lena, yahi to jiwan chakra hai.
Sparsh ki nirantata hi shristi ki nirantarta hai
Sparsh hi gati hai,tap hai, urja hai
Sparsh ki iksha ,pravriti hi to aakarshan hai, gurutwarshakan hai
Sparsh hi to mass tatha volume,bhar tatha matra ka karan hai.
Sparsh hi to shakti, (force ) hai, propellent, fuel, indhan hai.
Sparsh hi to lakshya hai.
History teaches that the passion of the moment can cause people to sacrifice even the most basic principles of liberty and justice.
The constitution enumerates the basic values and makes changes very difficult so that momentary impulses cannot destroy the whole fabric of institution which is so near and dear and basic for us and ours.
Constitution is an expression by the society of its intention to protect the values it most cherishes and further to limit itself, to tie its own hands ,to limit its ability to fall prey to weaknesses that might harm or undermine cherished fundamentals.
A society personifies itself through Constitution.
A constitution defines the state and puts a limit to the powers of state and stipulates the relationship between the state and its subjects.
The constitution enumerates the basic values and makes changes very difficult so that momentary impulses cannot destroy the whole fabric of institution which is so near and dear and basic for us and ours.
Constitution is an expression by the society of its intention to protect the values it most cherishes and further to limit itself, to tie its own hands ,to limit its ability to fall prey to weaknesses that might harm or undermine cherished fundamentals.
A society personifies itself through Constitution.
A constitution defines the state and puts a limit to the powers of state and stipulates the relationship between the state and its subjects.
To abide by law and to violate law,both the instincts are inherent in man.
If the laws are reasonable,( both rigour-wise as well volume wise) ,majority of people may follow them.
Too many or too rigorous laws create hostility and repulsion.
To every action there is an equal and opposite reaction.
Excessive, rigorous and harsh laws do not command any regard or fear.
They generate reverse feeling.
If one feels that he cannot follow majority of the laws relevant for him or some particular law to the full extent then a tendency develops of not following any law or the particular law to any extent.
Legislate some more laws without caring for the implementation of existing laws and you create more illegal acts.
Human nature requires regulation but resists control. Controls kill responsibilities.
Let us have faith and trust in ourselves.Let the people discover and develop the confidence in themselves.
If the laws are reasonable,( both rigour-wise as well volume wise) ,majority of people may follow them.
Too many or too rigorous laws create hostility and repulsion.
To every action there is an equal and opposite reaction.
Excessive, rigorous and harsh laws do not command any regard or fear.
They generate reverse feeling.
If one feels that he cannot follow majority of the laws relevant for him or some particular law to the full extent then a tendency develops of not following any law or the particular law to any extent.
Legislate some more laws without caring for the implementation of existing laws and you create more illegal acts.
Human nature requires regulation but resists control. Controls kill responsibilities.
Let us have faith and trust in ourselves.Let the people discover and develop the confidence in themselves.
Tuesday, 12 November 2013
Criminal Jurisprudence, civil jurisprudence, revenue jurisprudence,taxation jurisprudence, developmental jurisprudence, Service jurisprudence, administrative jurisprudence, emergency jurisprudence, war-time jurisprudence, economic jurisprudence-substantive law jurisprudence, procedural law jurisprudence, international jurisprudence,Indian jurisprudence , commercial jurisprudence, entrepreneurial jurisprudence, micro jurisprudence, macro jurisprudence- all these must be expanded and be made the part of law study curricula- right from schools up to university and research projects.
Deny justice, thereby invite unrest and revolution.
The health of any system can only be measured on justice benchmarks.
Legal and judicial quotient of a society reflects its stability and progressiveness.
Civil justice mechanism if made prompt,transparent and if not allowed to be misused ,will take care of the load on criminal justice mechanism.
Weakness in civil justice mechanism is often reflected in increased load on criminal justice mechanism its resultant ineffectiveness.
Equitable, compensatory and exemplary or even deterrent compensation jurisprudence if developed
logically and administered through law will perhaps yeild better and greater results.
The health of any system can only be measured on justice benchmarks.
Legal and judicial quotient of a society reflects its stability and progressiveness.
Civil justice mechanism if made prompt,transparent and if not allowed to be misused ,will take care of the load on criminal justice mechanism.
Weakness in civil justice mechanism is often reflected in increased load on criminal justice mechanism its resultant ineffectiveness.
Equitable, compensatory and exemplary or even deterrent compensation jurisprudence if developed
logically and administered through law will perhaps yeild better and greater results.
I must leave but before leaving I must live full-strength, lead myself full-stretch ,light the lamp of life so as to spread the light of life and love in a way that I leave all these behind me once I leave.
I must live leavingly, lovingly and I must leave livingly and lovingly.
Live, love and leave.
I must live leavingly, lovingly and I must leave livingly and lovingly.
Live, love and leave.
Monday, 11 November 2013
Let me thank all of them who ignited me.Some pushed me, some pulled me. Some of them treated me unfairly as per my personal expectation standards. I do not still know whether they were really unfair to me.
To-day I re-evaluate and am confused because relevant time frame has changed and perhaps I .am not the wisest .Others may have been wiser at the specific moment when they had treated me in that specific way.To-day I am not sure whether they were totally wrong in their way of treating me as per their own standards at that time- in those circumstances.
To-day I am willing to extend them the benefit of doubt and I confess I had been unfair to me more than they were. I was too rigid, predetermined and not able to hear,comprehend or even see beyond my own-self.
I was unfairly loving myself.
To-day I say, they pruned me so that I can grow vigorously. They treated me with a high hand so that I get myself transplanted ans see myself growing full-strength.
Only good thing- I lost heart but did not stop. I took still another step when it was really difficult for me to have another pinch of life.I kept on. I shall move on.
To-day I re-evaluate and am confused because relevant time frame has changed and perhaps I .am not the wisest .Others may have been wiser at the specific moment when they had treated me in that specific way.To-day I am not sure whether they were totally wrong in their way of treating me as per their own standards at that time- in those circumstances.
To-day I am willing to extend them the benefit of doubt and I confess I had been unfair to me more than they were. I was too rigid, predetermined and not able to hear,comprehend or even see beyond my own-self.
I was unfairly loving myself.
To-day I say, they pruned me so that I can grow vigorously. They treated me with a high hand so that I get myself transplanted ans see myself growing full-strength.
Only good thing- I lost heart but did not stop. I took still another step when it was really difficult for me to have another pinch of life.I kept on. I shall move on.
Insults heaped on me helped me in growing stronger. My criticism is my greatest achievement . I learnt most from my critics. They are my real benefactors. They helped me the most. They offered me the right challenge.
They are my eternal source of power. They are the real propellant. They alone made my journey safe and continuous. They had been source of light and vision for me when there was complete darkness and no way ahead.
They are my eternal source of power. They are the real propellant. They alone made my journey safe and continuous. They had been source of light and vision for me when there was complete darkness and no way ahead.
Sunday, 10 November 2013
Law confers the status of guardian, well -wisher, guide, lawyer, friend and all for a child, mentally challenged, disabled, illiterate ,and otherwise weak ; on a judge.
In order to be justice friendly law permits preferential treatment for all those who can be soft target to injustice, exploitation , discrimination, undue-influence, misrepresentation, coercion, fraud, intimidation or who are differently placed in a disadvantageous position and this justice friendly gesture of law is exercised through judges who are supposed to be fair,really fair and nothing less then fair.
Be fair to all and watch those who can be easily treated unfairly and try to be fairer to them- that is the soul of judge like mind and thought. Equality sometimes causes injustice. Inequality may cause more injustice. Judges watch this see-saw game. Judges step in for the weak, disabled and for one and all who can not look after their own rights and duties properly.
Judges are the social guards guarding judicial freedom and helping dispensing justice.
Justice is always in demand but competitively and by different persons having their own subjective vision of justice for them.
Judging is striking a balance between different versions of justice.
In order to be justice friendly law permits preferential treatment for all those who can be soft target to injustice, exploitation , discrimination, undue-influence, misrepresentation, coercion, fraud, intimidation or who are differently placed in a disadvantageous position and this justice friendly gesture of law is exercised through judges who are supposed to be fair,really fair and nothing less then fair.
Be fair to all and watch those who can be easily treated unfairly and try to be fairer to them- that is the soul of judge like mind and thought. Equality sometimes causes injustice. Inequality may cause more injustice. Judges watch this see-saw game. Judges step in for the weak, disabled and for one and all who can not look after their own rights and duties properly.
Judges are the social guards guarding judicial freedom and helping dispensing justice.
Justice is always in demand but competitively and by different persons having their own subjective vision of justice for them.
Judging is striking a balance between different versions of justice.
Saturday, 9 November 2013
Friday, 8 November 2013
surest way to be a born back-bencher and die like that
To take the risk or not to take it , is the only question.
To carry the load and lead or you yourself become a load to be carried by others - the choice is yours.
There are possibilities of a failure but there are equal possibilities of success , and added to it is your wisdom , valor, endurance , vision , patience, tolerance and all these can help you manage and minimise the risk and chances of failure.
Still you do not take the risk analysis and go safe or safest.
That is the surest way to be a born back-bencher and die like that.
To carry the load and lead or you yourself become a load to be carried by others - the choice is yours.
There are possibilities of a failure but there are equal possibilities of success , and added to it is your wisdom , valor, endurance , vision , patience, tolerance and all these can help you manage and minimise the risk and chances of failure.
Still you do not take the risk analysis and go safe or safest.
That is the surest way to be a born back-bencher and die like that.
In the context of law, justice and compliance, attitudinal change is must. The judge must reinvent himself in the terms of changes in the social vision,expectation and technological advancement. Exactitude and timeliness, promptitude and finality, completeness and clarity, predictable and certain-these are going to be key words of future generation judges,judiciary and justice delivery system.
Judges must re-position, re-integrate and re-direct themselves with law,justice,society and expectation.
Individuals and societies must be re-aligned, re-oriented.
Judges must re-communicate. re-explain and re-establish themselves, their utility and their relevance as an useful institution.
Monopolistic judiciary may not survive long.
Judges must re-position, re-integrate and re-direct themselves with law,justice,society and expectation.
Individuals and societies must be re-aligned, re-oriented.
Judges must re-communicate. re-explain and re-establish themselves, their utility and their relevance as an useful institution.
Monopolistic judiciary may not survive long.
Tuesday, 5 November 2013
I always hate the inhuman practice. I stressed that it should not be practiced. It was insulting and gender discriminatory.
Now the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission
Read this article and I quote-
Now the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission
Read this article and I quote-
KOLKATA: The Mamata Banerjee government has standardized an operative protocol for forensic medical examination of rape survivors, following a Supreme Court order in September 2013.
The "proforma for examination of a victim of sexual assault", passed on October 30, has done away with the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission.
However, though the commission has redefined rape as including non-penetrative sexual contact, the focus of the medico-legal examination continues to be checking the status of the hymen, which could get damaged for other reasons, even though it has made the survivor's consent (in her own handwriting) mandatory. It says the survivor should be examined "preferably" by a woman medical officer in the presence of a nurse or a female employee of the hospital and asked for psychological counselling for the survivor.
"The government has tried to bring uniformity in the process of forensic medical examination of victims of sexual assault, with a list of dos and don'ts," a senior health department official said. The nine-page proforma includes DNA profiling of the vaginal swab and makes rape-evidence collection kits a must in emergency departments.
Rape survivors are humiliated and discriminated, thanks to invasive medical tests that often end up doing little beyond harming their case. All this time the trial procedure was all the more precarious because a doctor would write down his opinion on a piece of paper and send it to the police. The ambiguity in the proforma often led to weakening of the case.
"The Union health ministry has said that since health is a state subject, the onus is on the state governments to issue guideline of sexual assault cases. So, we had to come up with the protocol," said an official.
"It's a laudable effort, but it would serve greater good if the chinks are addressed so as to respect the victim's dignity. Doctors and nurses should be trained on the precise scientific approach to treat and examine victims as well as collect important evidence and document those. The most convenient thing would be incorporating the training in the nursing curriculum," said women's rights activist Santasree Chowdhury.
However, the proforma includes questions about the survivor's build and presence of injuries. It has sought information about the status of the hymen, obstetric history, recording the survivor's weight and build and presence of injuries.
"Aren't these tests as violative as the two-finger test? The proforma is still crude and doesn't really favour women," said a social activist. However, former chairman, West Bengal Human Rights Commission, Justice (retd) Chittatosh Mookerjee, said: "It is in the victim's interest that the medical test is thorough. Or else, the suspect gets away scot-free."
Physician Uzma Nafis explained: "Examining the hymen or other parts is not about proving rape, but the brutality of it. Most rapes are about grave physical assault and one must find out the extent of the brutality."
Taj Mohammad, former director, prosecution, echoed her: "The onus is on the victim to establish that the crime has occurred. Hence, all the details are sought. Although the proforma has made medical examination optional, it would be for the benefit of the victim to agree to it and cooperate."
Somnath Das, associate professor, forensic medicine, RG Kar Medical College and Hospital, said: "The sole purpose of the genital area examination is to find out if there has been forceful sexual intercourse. But we don't prioritize hymen-tear. The protocol ensures uniform investigation, which is new to the state." The WHO's medico-legal guidelines say that only fresh tear to the hymen should be recorded, just like any other fresh injury to the body or genitals.
Park Street Rape victim
It's a beginning to make a victim feel more wanted and accepted by society. Acceptance is a very important because it makes the women feel comfortable and it helps them rehabilitate themselves to become survivors and fight their battling instead of suffering in silence.
Santasree Chowdhury, women's activist: The medical test is the most harrowing part of the rape survivor's story. I am glad that finally there is a uniform format which, hopefully, would leave little room for ambiguity. I just hope nurses (to say the least) are trained to be part of the examination.
Uzma Nafis, physician: Just the other day, we were examining a survivor at our clinic. It was clear that she was physically assaulted and we had to examine her thoroughly by a woman gynaecologist to find out the extent of the torture. It's good that the government has, at last, put things in black and white.
Ashok Banerjee, government pleader: The proforma has been well thought out and drafted in such a way so as to be acceptable to both the victim and the suspect. Sometimes, a person may be falsely implicated. In that case, the details sought in the medical test may come handy.
The "proforma for examination of a victim of sexual assault", passed on October 30, has done away with the 'two-finger test' - the crudest way of examining survivors of sexual assault, which has been denounced by the Justice Verma Commission.
However, though the commission has redefined rape as including non-penetrative sexual contact, the focus of the medico-legal examination continues to be checking the status of the hymen, which could get damaged for other reasons, even though it has made the survivor's consent (in her own handwriting) mandatory. It says the survivor should be examined "preferably" by a woman medical officer in the presence of a nurse or a female employee of the hospital and asked for psychological counselling for the survivor.
"The government has tried to bring uniformity in the process of forensic medical examination of victims of sexual assault, with a list of dos and don'ts," a senior health department official said. The nine-page proforma includes DNA profiling of the vaginal swab and makes rape-evidence collection kits a must in emergency departments.
Rape survivors are humiliated and discriminated, thanks to invasive medical tests that often end up doing little beyond harming their case. All this time the trial procedure was all the more precarious because a doctor would write down his opinion on a piece of paper and send it to the police. The ambiguity in the proforma often led to weakening of the case.
"The Union health ministry has said that since health is a state subject, the onus is on the state governments to issue guideline of sexual assault cases. So, we had to come up with the protocol," said an official.
"It's a laudable effort, but it would serve greater good if the chinks are addressed so as to respect the victim's dignity. Doctors and nurses should be trained on the precise scientific approach to treat and examine victims as well as collect important evidence and document those. The most convenient thing would be incorporating the training in the nursing curriculum," said women's rights activist Santasree Chowdhury.
However, the proforma includes questions about the survivor's build and presence of injuries. It has sought information about the status of the hymen, obstetric history, recording the survivor's weight and build and presence of injuries.
"Aren't these tests as violative as the two-finger test? The proforma is still crude and doesn't really favour women," said a social activist. However, former chairman, West Bengal Human Rights Commission, Justice (retd) Chittatosh Mookerjee, said: "It is in the victim's interest that the medical test is thorough. Or else, the suspect gets away scot-free."
Physician Uzma Nafis explained: "Examining the hymen or other parts is not about proving rape, but the brutality of it. Most rapes are about grave physical assault and one must find out the extent of the brutality."
Taj Mohammad, former director, prosecution, echoed her: "The onus is on the victim to establish that the crime has occurred. Hence, all the details are sought. Although the proforma has made medical examination optional, it would be for the benefit of the victim to agree to it and cooperate."
Somnath Das, associate professor, forensic medicine, RG Kar Medical College and Hospital, said: "The sole purpose of the genital area examination is to find out if there has been forceful sexual intercourse. But we don't prioritize hymen-tear. The protocol ensures uniform investigation, which is new to the state." The WHO's medico-legal guidelines say that only fresh tear to the hymen should be recorded, just like any other fresh injury to the body or genitals.
Park Street Rape victim
It's a beginning to make a victim feel more wanted and accepted by society. Acceptance is a very important because it makes the women feel comfortable and it helps them rehabilitate themselves to become survivors and fight their battling instead of suffering in silence.
Santasree Chowdhury, women's activist: The medical test is the most harrowing part of the rape survivor's story. I am glad that finally there is a uniform format which, hopefully, would leave little room for ambiguity. I just hope nurses (to say the least) are trained to be part of the examination.
Uzma Nafis, physician: Just the other day, we were examining a survivor at our clinic. It was clear that she was physically assaulted and we had to examine her thoroughly by a woman gynaecologist to find out the extent of the torture. It's good that the government has, at last, put things in black and white.
Ashok Banerjee, government pleader: The proforma has been well thought out and drafted in such a way so as to be acceptable to both the victim and the suspect. Sometimes, a person may be falsely implicated. In that case, the details sought in the medical test may come handy.
Monday, 4 November 2013
The word " discovered to be void" ( Sec 65 of the Contract Act ), comprehend a situation in which the parties were suffering from a mistake of fact from the very beginning but had not realised,at the time of entering into the agreement or signing the document that they were suffering from any such mistake and had, therefore, acted bona fide on such agreement. The agreement in such a case is void at the very inception and has only been discovered as a void one.
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