Monday, 8 September 2014

Minor Rapists & Consensual Sex With Minor Girls

How do we treat juvenile rapists, has become a big question in front of us! One faction says with rape the juvenility of rapist cease to exist. A juvenile who is capable to penetrate has crossed the boundaries of childhood and has matured into an adult. Thus, a juvenile who rapes must be treated as an adult criminal.

Here, what we are doing is; we are defining the parameter of maturity on capability of erection and penetration rather than age. We must answer this question before we proceed to uphold this view. That is, what would we do if extremely minor child (rarest of rare case) who has become sexually capable to penetrate forms a part of gang which raped a woman, say a child of ten or twelve years old? Anatomically, it is possible for such minors to get erections required for penetrations.

Suppose, if age to be dealt as adult in crime as of rape is decreased to sixteen from eighteen, what would be the scenario if fifteen or fourteen years old boy becomes an accused in future gang rapes?

Thus, mere capability to penetrate would be ambiguous and vary with accused to accused and we will fail to mark a specific boundary line, only age factor can do the job properly. There are some limitations of law and such case could fit into limitations of it.

Another point is that whether the juvenile rapist committed the rape all alone, were planning or intention and force is involved; or formed a part of gang in which other adult accused were involved. And they were these adult rapists who allured (pleasure or proof of manhood etc) the juvenile to join them as co-criminal is a big question, in this scenario, what should we say, was the co-criminal juvenile mentally fit enough to comprehend the action and its consequence on his and victim’s life?

Another issue is that there are ample cases of men who fall in love with under-eighteen girls, they have consensual sexual relations. Indian laws states even consensual sexual relation with an under eighteen girl is kidnapping and rape. Numerous men are accused in such criminal cases where they had consensual sexual relations with under-eighteen girls only to be held accused of rape later on.

Here, there is a double standard in our outlook. When an under-eighteen boy rapes a woman, a lot of voices in India ask to treat him as an adult, reason for the same being he is mentally capable enough to comprehend what he is doing. But, when same age under eighteen girls has consensual sexual relations with a man, that man is a rapist in eyes of Indian laws.

Here, isn’t the girl too mentally capable enough to comprehend what she is doing? Then why should we hold her partner as rapist? Our Constitution asks us not to discriminate on grounds of gender as well, isn’t this discrimination purely on grounds of gender?

I do not support rape or sexual offences on women or girls, in any manner, rape and sexual offenses are crimes from all angles. What I want to say is if a minor rapist should be treated as adult criminal, how can minor girl be considered as victims when she had consensual sexual relation with a man who is accused of rapes later on?

Wednesday, 6 August 2014

UPSC/CSAT ki Hindi Samasya ka samadhan

Mae CSAT ki Hindi /Angrezi samasya ko hal kiye jane ke liye ye sujhao dena chahta hu. Hindi madhyam ke chhatro ki samasya Angrezi nibandh (passage) aur anuchit anuwad hae, jo unhe samajhne me kathin pardhta hae.

UPSC ke pariksha patr taiyyar karne wale adhikari Angrezi nibandh (passage) chunte hae; aur wey ye bhi karte hae ke pehli pariksha patr Angrezi me taiyyar karte hae jiske baad uska anuwad Hindi me karte hae. Unhe iske ulat karna chahiye. Unhe parisksha patr pehle Hindi me taiyyar karna chahiye aur uske baad uska anuwaad Angrezi me karne chahiye, isse Hindi chhatro ki anuwad ki samasya aur sikayat dono samapt ho jayengi. Ye sambhawit si baat hae ke Hindi se Angrezi anuwad itna anuchit nahi hoga jitna Angrezi se Hindi anuwad anuchit hone ka dawa kiya gaya hae.
Angrezi nibandho (passages) ki samasya ke liye unhe ye karna chahiye ke unhe koi Hindi nibandh jaese ke Prem Chand ka koi nibandh ya koi aur Hindi nibandh chunna chahiye, aur uska anuwad Angrezi me karwa kar use pariksha patr me dalna chahiye, ye saral hoga, aesa karne se Angrezi Nibandho ka pariksha patr ke Hindi Anuwad bhi me mil jayega, jo pehle nahi hua karta tha. Isse Angrezi pariksha patr ka 100% Hindi anuwad uplabdh ho jayega, aur Hindi chhatro ki samasya ka samadhan bhi ho jayega.

Solution for UPSC/CSAT's Hindi Problem

I would like to suggest a solution which will end the Hindi/ English row in CSAT. The problem Hindi medium candidates are raising are improper translations and English passages, which they find difficult to understand.

What UPSC paper setters do is they get English passages for paper; also first they make paper in English and then translate it into Hindi. They should do the other way round. They should set the paper in Hindi and then translate it into English, this will end translation problem for Hindi candidates and will bring an end to their complaints. It is probable that Hindi to English translation will never be as improper or difficult as English to Hindi translation is claimed to be.
For English passages what they should do is they choose an Hindi passage say: from Prem Chand’s passages or any other Hindi passage, get it translated to English, which obviously would be less problematic, and put it into the paper, in this way even Hindi translation of passage would be available in Hindi version of question paper, which previously was never there, English passages used to be only in English. In this way we could have 100% Hindi version of English paper, no Hindi candidate would complaint.

UPSC/CSAT and politics of PM Modi's government

The problem which PM Narendra Modi’s government addressed is absurd; next, some people will say we don’t know proper agriculture and farming because we are urban so remove agricultural questions from UPSC paper.
The Hindi issue is actually brain child of people like Rajnath Singh, who are expert in playing language politics, now they themselves are in mess to solve the problem which is their very own creation.
Hindi cannot bridge the gap with South India, only English could bridge the gap between North and South India. No South Indians or other Non-Hindi speakers should suffer the Hindi imposition.
Narendra Modi, Rajnath Singh and their BJP/NDA government is supplying fuel to fire of language politics, slowly slowly they will cut tongues of South Indians with their Hindi scissors.
BJP/NDA will try clarify that Narendra Modi himself is a Gujarati speaker yet promotes Hindi for nationalist causes, this is wrong. Gujarati speakers easily understand Hindi, Gujarati and Hindi are mutually tangible so such claims in favour of Modi are blatant lies. Tamil for example is not as tangible with Hindi as Gujarati is.
Hindi is not bad and no language is bad, language politics is bad, and to impose one’s language on others is bad. South Indians and all Non-Hindi speakers should stand against this language politics.
However, I would like to suggest Govt. in the interest of UPSC candidates in another blog of mine:  
Solution for UPSC/CSAT’s Hindi problem
UPSC/ CSAT ki Hindi samasya ka samadhan

Friday, 18 July 2014

Euthanasia (Allowed To Die) In India

It is so sensitive issue that nothing would prevent it from being called an intended murder even if minor (micro, nano) error in medical or psychological understandings and considerations occur. A life thus ended could never be bought back, who would carry the responsibility of that minute error resulting in death of the concerned person?
In India, nothing would follow it but exhumation, autopsy and closed files, these would be more of indignity for the deceased. Who can deny the possibility of organ transplant scam in the name of euthanasia? This question if put in India would prove to be a direct disaster on the very first human right ‘life’. The very word ‘life’ would literally be euthanized in that debate in India.
India has retained its sovereignty even after so many years, what about our reach in the field of medical science and medical research after so many years of sovereignty? Is Sovereignty the only parameter required to take into consideration the issue of euthanasia in India?
Let’s analyse, how much India has contributed in the field of medical science, medical research, anatomy, surgery, drugs, psychology, since independence, since our sovereignty? With what maturity India stands in the world today in field of medical science and research? What is quota for medical science and research in our annual union budget 2014 and individual state budgets? Where does this quota stand in comparison to the quota allotted for medical field in countries where euthanasia is allowed?
People talk about right to die with dignity in India. Rather, the question should be whether prior to dying with dignity, was there anything about living with dignity in India? Millions and millions of Indians live below poverty line, under extreme poverty. Million of Indians starve to death, millions of Indians have no access to drinking water, and millions of Indians go without food on daily basis. Millions of infants die in a couple of year since birth; millions of mothers die of childbirths.
Millions of Indians are extremely malnourished. Millions of Indians die due to extreme weathers. Millions of Indians have no place to call home. Millions of Indians sleep under open sky on footpaths in the night. Millions of Indians live in most un-hygienic environment. Millions of Indians are exposed to deadly pollution; millions are exposed to various carcinogenic factors due to radiations, water, air and sound pollutions.
Millions of Indians don’t know how to read and write, millions of Indians toil all day, sweating under scorching sun to earn two loaves of breads. Millions of Indian and millions of Indian children beg on streets, they beg, beg and beg, they beg in front of European and American tourists, around a monument, any place where foreigners could be found.
Millions of Indian girls are forced into trafficking, into prostitution. Millions of Indians girls are raped, assaulted, molested, gang-raped. Millions are murdered or left to die of wounds and trauma. Due to trafficking and rapes, millions of Indian girls are exposed to deadly disease ‘AIDS’, they would obviously want to die with dignity what about the indignity they faced in life?
Millions of cognizable criminal cases go un-registered; even if they are bought to notice of Indian police. Murdered in the name of encounters by police is not a new thing to hear in India. Millions of Indians are decaying in Indian jails since years, years over years, because of slow judicial trials.
Millions of villages are without hospitals, electricity, elementary schools, and primary schools, forget about colleges and universities. Millions of Indians suffer due to absurd dictats of ‘Khap Panchayats’, millions of Indians are murdered in the name of ‘honour killings’. Millions of Indians die in rail accidents, many in road accidents due un-maintained roads and railways.
India is still under need of medical facilities, proper drug supply. Millions of Indian can’t afford life saving drugs because of costs. India is in dire need of hospitals. India has a terrific shortage of medical colleges, and trained doctors, on the other hands medical seats are sold. We have a lot of scams of fake medical degree being granted on payment. This is where we stand with our bejewelled intact crown of sovereignty.
If this is the situation after so many years of sovereignty, we must conclude that Indian governments in all forms have failed to serve our citizens.
Today, Indian first need, a right to live a life with dignity. A person, who has received death blows all his life due to various national systems and procedures, and due to inefficiency of governments in various stages of his life, would definitely ask for death with dignity. But this death with dignity is not because of love of evident death, but because of frustration of indignity of life the person has lived because of inefficiency of governments.
Who would answer if Indians are made to live with dignity, how many Indians would ask for a death with dignity (euthanasia). An irrevocable patient may have been irrevocable because lack of medical aid during his entire life, may be because of police inefficiency in saving his life, may be because the patient was raped and assaulted due to inefficient system. May be so because he received nothing but dates in legal struggle of his life, this 'may be' has no limits, but the reasons are our government, official and constitutional agencies in no matter what form. The system pushes the citizen where he begins to ask for death with dignity.
To conclude, we may be sovereign enough to legislate on the issue of Euthanasia in India, but our Parliament and State Assemblies are not mature enough to even comprehend the gravity of euthanasia. Today, if euthanasia is legalised in India, it would mean just an official genocide, genocide of poor, genocide of unfortunate Indians who never ever practically tasted or experienced the fruits of our Constitution.

Monday, 7 July 2014

I salute Supreme Court's verdict on Shariat Court

Hon. Supreme Court today gave verdict regarding Darul Qad'at or Darul Itfa or Shariat courts. It is an awesome judgement.

There can never be a parallel judiciary in a country like India, and Mufti as they are called have no official rights to give binding judgement on almost everything. Most of the time their fatwe are so stupid (ie: UP rape case) that these Mufti should be bought in court for defamation suits against them.

I salute the Hon. Supreme Court's for this judgement that Shariat Court is not a legal identity or parallel judiciary in India. That Mufti should not give fatwa to the third party who dont seek their fatwa. And that a Fatwa is not binding upon anyone its a mere opinion in India. If need arise Hon. Supreme Court too can take Holy Qur'an into consideration where need arise, and I am petty sure that consideration would be much better than these Mufti.

I look forward that this judgement would change ground reality and would result in positive outlook and positive change for crores of Muslims in India.

Authoritarian aims of Narendra Modi

It is so simple to understand PM Narendra Modi wants to rule in an authoritarian manner. The way he isolated all senior BJP leaders on pretext of age was a glimpse.

Now, he's with lame excuses trying best not to appoint Leader of Opposition, Narendra Modi talks about clarity and he himself want that post which is core of clarity not to be appointed, its an irony. Only that person who wants to be authoritarian would behave as he's doing.

Our Speaker (Who should be very neutral) if she wants a just government she should instantly appoint Leader of opposition. Our times are different from Nehru era, we are largest democracy which requires LOP. Even if one MP from Lok Sabha forms opposition and all others are from ruling party, that one person should be instantly appointed as LOP. Even if all members are from ruling party an LOP should be appointed in Lok Sabha.

Having no LOP in Lok Sabha is harmful to our democratic make-up, if Narendra Modi's government is so clean and clear then why to fear appointment of LOP? Things are fishy and the solution is appointment of LOP in Lok Sabha.