Sunday, November 25, 2018

Adultery Is Not a Crime



" Successful marriage requires falling in love many times, always with the same person " over the years marriage has been considered as the sacred bond and respected across the societies.

Now a days due to lack of Faith rather say interest, lack of skills to solve relationship problems, inability to understand partners needs, attitude towards intimacy, lack of time, people are prosy about eating the so-called Dal Bhat and searching for Biryani! They are moving away from marriage and start searching for new partners. this trend is running the promising of marriage in urban compared to rural areas.

For human to be able to live in a society, there must be laws to govern him. If these laws cease to exist there will be chaos. ensuring this, the supreme Court of India struck down the primitive section 497 of the Indian penal code, which had made adultery a criminal offence. The apex court rules the section 497 of the Indian penal code violated article 14 - right to equality and article 15 - prohibition of discrimination on the grounds of sex, race, religion etc. In order to understand the judgement we need to understand the origin of such a law.

Indian panel code 497 give a husband the exclusive right to prosecute his wife's lover. similar right was not conferred on a wife to prosecute the woman with whom her husband has committed adultery.

Indian society has had a character of a patriarchal society. The job of women restricted to the cores of household. All the major and minor decisions of her life were taken by her father before the marriage and husband after the marriage. This predominant culture of Indian society made the woman nothing but a chattle of her husband. This very nature is reflected in section 497 of Indian panel code dealing with adultery. The decision of supreme Court to strike down section 497 made clear two things first the wife is not the property of men and second the equality before law for both the men and women. Sexuality is a something which is intrinsic and personal to every human being and no one can be compelled to establish sexual relations with anyone. Section 497 did not considered adultery as a criminal offence if the husband had his consent for her sexual affairs of his wife with other men.

Adultery, though not a criminal offence today but stands to be a civil offence. According to Chief Justice of India Deepak Mishra, adultery can be a ground for divorce and if any aggrieved spouse commits suicide because of life partners adulterous relation then if evidence produced it could be treated as an abetment to suicide.
By strucking down the practice of adultery the apex court has upheld the principle of equality. Our government are working in directions which were empowering women in all aspects of life and her future endeavour. But still there exist some practices which are hampering the growth of women in India. Such issues are marital rape, child marriage, pregnancy and child bearing occur before adolescent girls are fully developed, exposing them to great health risks.

The manner in which adultery was struck down on the ground of violation of fundamental rights, in a similar way the judiciary shall also enable a provision which shall protect women in these cases.
Adultery is not such a crime to get imprisonment. It serves as a basis of a divorce, hurts his conscience and the punishment has been given in the form of divorce will serve as punishment.

Sunday, August 26, 2018

Strengthening land rights strengthening development





Story 1 : Abhijit my childhood friend lives in a remote village of India who owns one bigha land. He is a hardworking farmer able to grow 3 crops here on his land. This land is the source of livelihood for him and his family. But he don't have any documents Since his father exchanged the land with local Zamindar without taking money. Zamindar already registered the land but his father unable to do so due to financial crisis. Vande government announced a highway project goes from the village. government acquired the tiny land of Abhijit with no compensation as he hasn't any documents regarding the land. The land was belong to Zamindar so they got the compensation Abhijit alienated from his land and source of livelihood.

Story 2 : Shyam Lal on a 5 Bigha land in a small village of India and he do farming in it. Land is the only source of livelihood for him. But his produces is less as owns small land. The Government of India started blue revolution scheme to increase farmers income and giving up to 75% subsidy on fish farming project. Shyam Lal have all the documents regarding land and decided to dig up a pond in place of his land and started fish farming under the scheme. Now Shyam Lal on thrice income than before.

story of Abhijit showed us land land is the lack of clear land rides can bring my Siri to common man and on the other hand clear land rights can bring prosperity in common man just like Shyam Lal. Land is the head of development of any Nation. Land is the source of power and vital for livelihood security. India is predominantly agrarian economy as agriculture has 54% job producing sector. So, for India land is the central part of rural Development. if the agricultural production is enough then manufacturing sector will get more trust as well as service sector. 
Ex ; Jute(agriculture) ->
Bags(manufacturing) ->
Marketing(service)
Apart from development land is also the source of status in the society. It provides Security at the crisis moment in the family. Thus the land is providing so many things the land writes automatically become more significant for so many reasons
First, as we see in the first story Abhijit was eliminated from land due to lack of cogent land rights, many farmers also lost their land because of clear land rides and tend to live in poverty. 
Second, if farmers have the land rights (like Shyam Lal) they can mortgage their land papers for fulfilling their dreams such as paying fees for children, marriage expenditure etc. Small land owning farmers still more secure than landless farmers.

Third, clear land rights can help the farmers from the conflict of ownership, land disputes. millions of civil cases are pending in our judicial system related to land dispute.

Moreover land rights can bring gender equality in society presently 80% of rural women in India are engaged in agriculture but only 13 % own  land. If If they have land right there will be more confident and empowered. 

after discussing the importance of land rights now take a glance of India's cycle of land rights. Shirley Pali text of Pre mauryan period land or villages granted subrahamanya by the ruler of kosala and Magadha. however the earliest epigraphic record of a land grants in India is a satvahana inscription of the first century. Gautamiputra satakarni included rights such as royal troops could not enter such land granted,  government officials and district police was not supposed to disturb such lands. In course of time Britishers came in India and rule for nearly 2 century brought the private property phenomena in Indian society. Before 8 India had jajmani system which was based on reciprocal activities. King gave green to service providers in term of receiving services from them. Jajmani system maintain good social relation which later win by private property phenomena. Zamindari mahalwari and ryotwari brought much grief to pigeons as they still did not have clear land rights.

After independence government abolished the zamindari system. Many small and landless farmers and peasants came direct in contact with government. father tenancy reforms and tenancy rights also initiated which improve the condition of tenants. Besides this feeling of land ownership and redistribution of land under land Reform Act brought prosperity for landless farmers. The government did work a lot but the success of land rights far ahead. government failed to provide cogent land rides to people due to many reasons like of uncommitted Bureaucracy, lethargy in judicial system, hand in glove of the bureaucrats.

 I want to share my experience regarding mutation. Though there is a public service Act 2013 under this act any mutation must be completed under the maximum 30 working days in case of delay the official will be liable to answer. but unfortunate that in next one 190 days I did not get the mutation paper in between I had to submitted the same file/case for four more time because they miss out the file. Can you imagine how much negligencey happening in governance? I complain higher authority but no action has been taken. There is many  rules and regulations, law are available in governance but there is very few who abide by those law. Message for those corrupted lazy officials: I request you on behalf of all Indians honesty is expected of you honestly makes the heart lighter, less burden. Be honest, keep working your honesty intact the country will progress alongside.
There was a huge lecunae between government policies and execution. So governmentneeds to work out on this.

If a farmer get the land rights he will put more effort but tenet  farmers will Not put that much of effort to increase production. Recently Orissa Government (first of its kind )ruled out a project to give land title to slum dwellers in the Ganjam district. It will ensure slum dwellers the freedom from fear of eviction. so in a society every people wants security and land is the prime of them. This types of initiative (Government of Odisha) can put the Thrust in the development. In general government can stop loan waiving and provide land rights to our farmersr free of cost. Above all government needs to evaluate the employee credential and scrutinize their work.

Father, land rights also help in reducing disaster risk and building climate resilience infrastructure. people lost their homes after disaster and also lost their livelihood sources but if they have clear land rights they can again claim their past lands and homes and can restart there life after disaster (Kerala Flood).

Recently, Indian government decided to modernize the land record with the help of technology. Andhra Pradesh have gone one step ahead using blockchain technology to update land records. Orissa Government with the help of Tata Prestige distributor in deland write certificate to slum dwellers. Sach initiative can bring prosperity for the nation.

To be precise, land and development are the sides of the same coin. Without the presence of won any Nation can't march on the way of progress. Land is the trunk of a nation and land rights are the stalks that can prosper the tree like Nation by inclusive resilience development.


Saturday, January 6, 2018

Persons with Disabilities Act 2016 - Improvement over 1995 Act


 We are not disabled by out physical composition. We are disabled by the public infrastructure that doesn't include us. Disable is the design of those architects, engineers, and constructors that designed those building which don't bear with us.
                        Sociology NCRT- XI

   By passing the Right of Persons With Disabilities Bill ( PWDs) the parliament has adopted a radically transformative piece of legislation that addresses the concerns of arguably the most marginalised section of society. According to 2011s Census India is the  home to 27 million people with disabilities and that's a large underestimation.

About the Bill:

    The new law empowers Persons with disabilities with the right to equality, preservation of dignity, and personal liberty.
PWDs act 2016 has been given special focus on vocational training and self empowerment. Preceding 1995 Act was provided free education till 18 Years and 3% reservation in government employment for persons with disabilities whereas the subsequent act comes with major differences like 4% reservation of seats in government sector and 5% seats in the private entities for employment.

The Significant difference of Persons with disabilities act 2016 was the type of disabilities have been increased to 21 instead of only 7 disabilities recognised in 1995.
Establishment of national and states funds subsuming present fund for PWDs and for empowerment of differently able persons.
Provision of guardianship with the consent of differently able persons.

Interestingly the new act is in conformity with United Nations Convention on Persons with Disabilities to which India is signatory.

   The disability sector has been waiting for this law patiently for the last two decades. It's the time to implement the new Persons with disabilities act 2016.
 This new law will ensure enjoyment of rights by PWDs on an equal basis with non disabled citizens of India. The new law would be a game changer if above mentioned concerns are implemented.

Monday, January 1, 2018

POD TAXI - A Game Changer Technology


Personal Rapid Transport (PRT) is a public transport mode that offers Personal on-demand origin to destination travel on a dedicated network. The system features small automated vehicles - Cable car or POD cars equipped to carry a small group of passengers.

The modern PRT concept began around 1953, by Donn Fichter a city transport developer started research on PRT and alternative transit methods.

In 1967, Aramis Project an experimental PRT system was started by MATRA in Paris however the project was cancelled due to its qualification trials. Between 1970 and 1978 Japan operated a project named Computer Controlled Vehicle System (CVS) which operated 84 vehicles at the speeds up to 60 kilometres per hour on a 4.8 kilometre guideway.

  Union minister of Road Transport and highways Mr. Nitin Gadkari said the work on pilot project of Personal Rapid Transport (PRT) - proposed POD taxi between Rajiv Chowk of New Delhi to Gurugram under National Highway Authority of India (NHAI).

POD taxi is a dream project of our Union minister Mr. Gadkari which estimated cost around Rs. 4000 crore.
This project is headed by SK Dharmadhikari with five members in the committee to maintain safety standards and and technological support. The POD taxi will follow the American standards of safety laid down by American society of civil engineers.

What is POD TAXI and its Features 

  POD taxi is a high speed, driverless, electric vehicle which runs through dedicated platform. POD taxi is a unique way for travel to provide a taxi like responsive feeder and shuttle services for small groups of travellers.
    PODs can carry up to  5 passengers at a time.
    Its a fully automated, driverless vehicle that travel independently over an overhead network which is usually about 5-10 metres above the ground, ergo we can easily say it's a "Mini Metro"
    PODs are equipped with military grade wireless technology and sensors which are monitored at a command base and on the ground for extra security and safety.
   The PODs are not affected by the adverse weather conditions.


For sustainable future POD taxi will be a game changer technology to reduce traffic as well as pollution. Being an inexpensive, sustainable, profitable, quickly implementable in difficult situation, high capacity, extremely comfortable and more over eco friendly this transit model has a bright prospect not only in National capital region or throughout India but also globally as it has relevance in every urban context in every continent.