Thursday 22 August 2019


“May Lord!  it has been a long time, now I want Justice”.
                                                                                                By-Anshul Sharma

It is true that “Patience is a conquering virtue.” But question is “till when”? till when our legal rights gets disposed off or till when a person himself get disposed off from this world of justice? The voice for justice is hushed under heavy bundles of files and look! what our hon’ble courts who are considered as the third pillar of democracy are doing, just interpreting the same laws reiteratively which has the same conclusion as prior. For paragon, principle of constitutional morality is implied which does not require wasting time on this thing again. And then we say that the Indian legal system is facing a huge backlog of cases.
According to National Judicial Data Grid (NJDG), the five states which account for the highest pendency are Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), West Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujarat (16.45 lakh) are pending.  While 2.84 crore cases are pending in the subordinate courts, the backlog clogging the High Courts and Supreme Court (SC) is 43 lakh and 57,987 cases, respectively. Many of these cases are pending for more than 10 years. Below are the approximate number of cases pending in Supreme Court, High Courts and District and Subordinate courts in India. Matter of this crux is firstly, the number of judges is quiet insufficient i.e. there are approx. 21,000 judges only, who are in current present in the nation. The current Judge to Population ratio is 10 to 1 million. The Law Commission report in 1987 recommends at least 50 judges to 1 million public. Also, the population has increased by 25 crore since 1987 and according to report: more than half of the seats are vacant. so, as to eliminate this major flaw, recruitment should increase.
Secondly, Indian judiciary has insufficient resources. Both, the Center and the States are not interested in increasing their spending with respect to the judiciary. Budgetary allocations for the judiciary are a pathetic 0.1% to 0.4% of the whole budget. India needs more courts and more benches.
Thirdly, once the judgement is passed, people who are dissatisfied with the judgements reiteratively file either review petition or Public Interest Litigation. This is a major drawback that instead of focusing on the obsolete cases, the courts are engaged in the current ones.
Fourthly, excessive time period is given for searching & providing an evidence, non-availability of witness, police officers, and advocates during trial leads to major delays in the court in regards of passing judgements.
Fifthly, as discuss before, interpreting same laws again & again with same conclusion results in wastage of time.
Crux is looking simple but is much more complex than it seems, as  it have various adverse effect on nation as well as on its citizens such as-
·         The common man’s faith in the justice system is at an all-time low.
·         Denies the poor man and under trial prisoners their due of justice.
·         Economic reforms remain only on paper without speedier justice system.
·         Foreign investors are increasingly doubtful about the timely delivery of justice, which affects the success of various programs like ‘Make in India’.
·         Judiciary is unable to handle the “avalanche” of litigation. Judiciary becomes overworked and lose its efficiency. Justice delayed is justice denied and Justice hurried is justice buried.
So, it is essential look into this problem, as man who deceased before his/her pending justice, his soul is saying “May Lord!it has been a long time, now I want justice”.


Friday 19 July 2019

Enough is enough!


  Enough is enough!
               - Muskan Jain

You, me and Everyone has a right to be in an environment that is free from bullying, discrimination, violence and harassment. And speaking about harassment, sexual harassment is one of the most important subject matter to talk about.
It not only includes the undesirable and unwelcomed physical touches but also includes obscene gestures, texts or anything verbal as well as written.
We loudly talk about equality and equal rights to men and women, then why everyone is mum when it comes on speaking about sexual abuses?
According to the National Crime Records Bureau (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012. Out of which, 24,470 were committed by someone known to the victim that is 98% of the cases, which means you can not ensure your safety within your own house and even amongst your closed ones! According to an online survey by 'stop street harassment', 81% of the women have experienced some form of harassment at some point in their life. And most of these cases have gone unreported! Reason being that the person behind is someone known and instead of caring about self diligence, what "society would say" comes on top.
Also most of the children below the age of 7-8 do not understand what is going on with them as they are not made aware about the good and bad touches. Harassment is not gender oriented, boys are being harassed too, by relatives or at workplace.
Can we do something? Is silence the solution?
Being aware and speaking has always been a great way to connect with others who share the same problems and the ones who may give hands to get away with such problems.
Discussions about this issue amongst your family, friends and even at your workplace. A cell should be established at every workplace for redressal and to give punishment to such person causing mental disturbances. It's not the society who will be with you at your lows, instead of listening such society, listen and speak for yourself. It's not something that can't be swept away and together we can do wonders.
'Desperate times need desperate measures , so Stop enduring and start curing'.

Wednesday 3 July 2019



THE FROZEN BENCH OF SUPEREME COURT; THE AYODHYA DISPUTE
                                                                                                            By Piyush Kumar Roy

The Ayodhya dispute has remained the bone of contention in the country and it can be phrased as a dispute since time immemorial. The dispute of land has depicted its various evil facets in the country in the form of hate crimes severe internal violence in the nation.
The constitution bench of Supreme Court has rescued himself from hearing the issue on urgent basis and reaching a valid conclusion at earliest for the sake of peace in the nation. the judiciary of India as an institution of justice bears huge liability of the trust and faith reposed by the citizens of the nation.  The element of justice not only includes equality and social justice but its essence also lies in speedy justice.
The verdict of Allahabad ( now Prayagraj) High Court was pronounces in the year 2010 but, was not able to satisfy the nation in consonance to which the verdict was challenged in the Supreme Court and till date it rests on the “Frozen Bench” of the apex court.
Recently, the constitutional bench of the Supreme court has referred the dispute for mediation. The court stated that mediation is a hope for a permanent solution, but the point to be noted here is “the duration” for such permanent solution.
Immediately after the order of the court arose huge dissatisfaction in the nation. The Hindu groups stiffly opposed the decision by saying that this is not merely a property dispute, but is concerning with the faith of the country men. The apex didn’t appear too very determined on the decision as, Justice D.Y Chandrachud wondered how any such mediation can bind millions of persons belonging to several religions as he stated that issue was not a dispute between two parties.
The lacunae which was pointed out in the Allahabad High Court’s verdict was that, the court was not able to examine the translations placed as evidence before the court. The CJI made remark on the issue of translation and said that the court will not waste its time if parties are not agreeable on translations and referred the dispute for mediation. The move by the apex court showcases that court has somehow tried to delegate its liabilities and burden on the panel selected for mediation because, the relevance and authentication of documents must be endorsed by the court as it is very imaginative that the parties in dispute shall agree to any of the conclusion & there is a probability that it may lead to further dispute.
The dispute being pending for a very long time, is leading to other problems in the nation which is in contravention to the principal of social justice. Recently seven persons who claimed to be the followers of Sanathan Dharma and worshippers of Lord Rama has challenged the acquisition of land by Central Government which ranges to 67 acres, adjacent to disputed site. The petitioners argued that such acquisition does not come within the legislative competence to enact the law, as the land is an exclusive subject matter of state. They submitted that the land is acquired at the cost of the Hindu sentiments and has infringed their right to religion guaranteed under Article 25 of the Indian Constitution. The pendency of the dispute has not only lead to legal claims but has also helped the political parties to develop propaganda for the elections which has led to communal violence in the nation. The prolonged pendency has suppressed the basic values of our holy constitution. My mind goes back to speech of Justice Chandrachud in Bombay Bar Association on why Constitution matters. Justice said that with every infringement of rights of the citizens and with every misshaping of communal violence and denial of power to love people on grounds of religion, cast and community; the constitution weeps. The words by him is highly commendable and proves its relevance on the foregoing dispute but unfortunately, “His Lordship” is not able to comply with his own words while sitting on the bench.
The extremist Hindutva oriented political parties has enjoyed a lot due to the pendency  of dispute as it has turned out to be a never depreciating, vote extracting machine. The hate crime has gained its momentum in the country which has led to poor relation between Hindus and Muslims in the land of Krishna and Kabir.
India which has been recognized across the world for its philosophy of Sarva Dharma Sambhav (respect all religion) has been adversely affected, due to the situation of conflict between the two major communities. It is very unfortunate for our nation, which is governed by the Constitution that believes in diversity and plurality that matter of religious nature has been able to gain political momentum. The common man, of Hindu and Muslim community is less excited for the final solution and is much more afraid due to disturbed atmosphere of disharmony and violence.
The extremist group from both the communities is acting as a catalyst in this burning issue. The Vishwa Hindu Parishad leaders had many a times declared that, their sole interest lies in a construction of the temple which goes against the sanctity of the court and similar declaration is made by members of Babri Mosque Action Committee and Muslim Personal Law Board in which, though they expressed the willingness to abide by the court but at the same time also mentioned that they are not prepared for any compromise about their plan to rebuild the mosque at the disputed site. Both of the statement contradicts each other which clearly reflects that decision of court would not lead to any particular solution.
It is noteworthy from the study and attitude of two major stakeholders that any negotiation or meditation as ordered by apex court can meet the ends the justice. The apex court has to consider the issue as matter of national sentiments, instead of religious or political persisting issue in the country. The complexity of the issue also reveals that any strong judicial verdict shall not resolve the issue at the root level because, any win or loss situation shall lead to further internal conflict which may outburst as situation of national crisis, therefore after properly examining the verdict of Allahabad High Court the apex court shall expeditiously pass its verdict which shall bring both the communities ad idem which is only possible if interest of both contenders are taken into consideration. The apex court may opt for any middle path such as construction of national monument of peace which shall vindicate the faith of both the religion without interfering with their sentiments or the edifices and monuments ad-joined shall display the old and rich heritage of our pious motherland conforming with national sentiments without any discrimination.


REFERENCES:
1        www.livelaw.in
(article dated: march 26,2019, 11:10 am)
(article dated: February 4,2019, 04:43 pm)

2     The Hindu
By Dr K. Hussain ’A solution to Ayodhya Dispute’


Saturday 8 June 2019

YOUTH DRUG ADDICTION IN INDIA

YOUTH DRUG ADDICTION IN INDIA
By-:Yajur Sharma 

INTRODUCTION

In India the emerging and concerning problem is youth drugs, which is spreading at a high level. Indian government is also very concern about this and they are doing awareness camps stating not to consume any type of drugs and also there is a act also created by the government called as NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCE, ACT,1985. It is act says that, if a person is in possession of drugs for sale purpose or for consumption it awards the punishment to them as 6 months, 10 years or 20 years of punishment.

EFFECTS OF DRUGS
The major effect of drugs is mainly on brain and motor acts of a person, which consequentially affects the other aspects of a person and makes him or her drug addict. The drugs basically have a major effect on the communication system of human brain. They disturb the nerve cells of send, receive and analysis of information of brain. The drugs like heroin and marijuana are structured in a same way as chemical messenger known as Neurotransmitters.
The neurotransmitters are produced naturally by the brain. As for the similar the drugs fool the receptors of human brain and activate the nerve cells in such a way to send some abnormal massage to brain and drugs like cocaine release a very large amount of neurotransmitters at a point of time. They also prevent brain to recycle the situation of the brain. This disruption of massages leads to highly amplified and this disrupts the normal cycle of brain communication. Almost every drug use dopamine in order to target the reward system of brain and that control the emotions, motivation and change in behaviour of the person. By this some of the persons get disorders like brain disorders. The drugs effect the brain cycle and at last brain adapt the function which is caused by the drugs and person become an addict of it and then brain need that drug to function his normal work also.
Studies and report of Magnitude of substance abuse in India,2019 given by National Drugs Dependence Treatment Centre(NDDTC) and All India Institute of Medical Sciences (AIIMS). The report establishes that people using psychoactive substance in India. In India the percentage of adult males are very high in the context. After alcohol, cannabis and opioids are next commonly used in India, about 2.8% of population are indulged in it and it is around 3.1 crore individuals are there and the most affected areas are Uttar Pradesh, Delhi, Punjab these states have highest usage of the cannabis and opioids. About 2.1 percent of population use opioids and opium and its variants like poppy and doda its most prevalent in the states like Assam, Mizoram. In India the percentage of population using cannabis is 1.2% and opium is 2.06 % consuming the material every day.

PREVENTIVE MEASURES
Preventive measures must be taken by government and the people of India who knows how drugs affect the human brain and disorders that have taken place. Awareness programme should be conducted by the government in schools, colleges and residential society also be included and government also made law like NDPS act it should be followed strictly. The media of our country is very strong if media indulges in awareness programme, the government can cover large area and more and more people can get aware of this silent destroyer of the youth of our country. Medical experts also can do awareness camps in collaboration with government. The entertainment segment can be done where people can be made aware by a movie or a short film or plays etc. For the prevention of drug abuse. If an individual has already gone down by the drug there should be de-addict treatment conducted by the hospital where the treatment is depend upon thethe t of drug being consumed by the person. Treatment could be done by both the ways psychological as well as by medical treatment. The treatment session done by medical and behaviour therapy session is also be given by hospital. The treatment should be done by a skilled and expert person of that area. NGO’s can be appointed by the government that can conduct awareness programmes and treatment  and other ways to get rid of such addiction.    

Friday 31 May 2019

Our legal system



Our Legal System
                                    By:Anshul Sharma


Upholder of freedom & justice

The keeper of truth & light

Standing steady, with righteous might.

Not a hint of corruption in sight

The conveyor of punishment,

The frontmen in war of offences

Against the seedy, insane

And downright disgusting

With No corruption on their side.

The force not to be reckoned with,

They will always serve what's best

And if you can imagine it,

I spoke every word of this poem

Without having gun on my head!!!


Impact Of Bollywood In Society

                  Impact Of Bollywood In Society
- Nandini Srivastava

A very known theory of modelling in psychology which states that, we learn a lot of things by seeing other people do and it has much greater and longer influence on us rather than when we learn things by reading or even by listening. Bollywood is one such example of this theory.


Earlier bollywood was just a source of entertainment but today it has also become a mode of transmission of information to masses. It is the expression of the known and the unknown. Many untold stories have found their way in our Indian Cinema starting from “Raja Harish Chandra” to “Raazi” and so on. Directors and story writers of the film industry, from very long period are writing scripts which could inspire people and help them to see the world around them with new perception. Movies like “Airlift” and “Neerja” has inspired a lot of people. It depicted that to protect our country and people it is not necessary to be a part of the armed forces. Each and every person has the power to fight against the bad & to protect humanity and maintain peace.  Movies always have been important as to understand present and to predict future, it is important that we are aware about our past and movies allow us to slip back into past like the history of Rajput and sacrifice of Padmavaati is known to the general public from the movie “Padmavaat”.

Movie"Padmavati" protest
Movie"Padmavati" protest
Cinema today has also forced us to think beyond our religious learning. “Oh My God” moulded the way we perceived religion and its practices. We have understood that god wishes for our good faith, understanding and reasonable peaceful actions towards the whole mankind and not for materialistic items and hatred with people of other religion. We, through the movie, have realised that it is nothing wrong in questioning the practises because every practise is not for the good and from time to time change is necessary. For e.g.: Hindu religion practised sati in earlier time, and It was considered as something of divine nature but later in 1829, this practise was abolished for the betterment of women and the society as a whole. There has also been many bollywood stories which has questioned our ideologies like the very recent movie “Luka Chuppi” thoughtfully mentioned that it is the choice of two mature adults whether they want to be in a live-in-relationship or not and no other person has a right to obstruct or object their decision. It has made people aware about our fundamental right to privacy which is mentioned under article 21 of the Indian Constitution (Right to Life and Personal liberty). The movie “Dear Zindagi” tried its best to convey that mental illness is not something to be ashamed of.  Through the movie, we also realise that our parents are not perfect, they can also make mistakes but if they as our parents can forgive us then why can’t we.
Bollywood has impacted the way we express ourselves. India has always been a country which believed that expression of emotions should be controlled. For e.g. Boys should not cry and girls should not be the first to express their love but, bollywood has motivated us to express every emotion whether it is  joy, excitement or hate, sadness. It has impacted the lifestyle of every second individual. People want to wear clothes which they see actors wearing, they want to eat what the actors are eating. Many elders believe that the young generation is inclined towards western clothing because of the typical hindi movies but it is to be mentioned that it is through movies only we have learned the true beauty of various traditional wears. Bollywood is the evidence of “Picture says a thousand words”, iconic movie like Hum Saath Saath Hain and Hum Apke Hai Kaun seen by every child promotes cordial relations with family and loved ones.

Bollywood has created a lot many changes in cultures which were unexpected few years back and has promoted the culture and values which could have been long lost if not recreated and told again and again. Bollywood has immensely impacted people and will continue to do so whatever the case be “KYUKI PICTURE ABHIE BAKI HAI MERE DOST”……

The Opium Cultivators; Insecure Voiceless Victims


The Opium Cultivators; Insecure Voiceless Victims
                              By-:Piyush Kumar Roy

The condition of poor opium farmers dragged my attention on this issue “The Opium Cultivators; Insecure Voiceless Victims”, following which I decided to proceed with analysing the prevalent situation in present scenario. The research on the issue of improper channelization and substance abuse particularly in Rajasthan took me and my friends out of the confined classrooms and library wall, to the fields of opium and legal branches of police departments and judiciary. The information gathered from the stakeholders gave me an insight to proceed with the topic following which, I thought of jotting down my views in this article. The sources have not been mentioned as the condition of anonymity was placed.



The cultivation of Opium is practised in India since time immemorial, there have been changes in laws regarding cultivation, licensing system and other procedural transformation has taken place, but unfortunately what has remained the same is the condition of the opium cultivators.
The United Nations Single Convention on Narcotics Drugs, 1961 has listed India among 12 countries which is allowed to grow opium poppy for medicinal purpose. However India is the only country allowed to extract opium gum from the plant. The extraction of gum is a job which requires skill and experience of years. The gum is extracted by lancing the flower- bearing pod which consist 70% of morphine. The farmers make longitudinal incision in the pod, exuding latex forms a crust under the hot sun. The next morning, the semi solid latex is collected by scrapping with a towel. The process itself narrates the skill which needs to applied very precisely for cultivation and extraction of opium materials.
The initial stage of illegalities starts from this very stage. The other countries such as China, Australia, France and Turkey which grow opium legally use a method known as concentrate of poppy straw, where the entire plant is processed with its stalk to extract the drug. The task of extracting opium gum involves hard labour and skill and when appropriate monetary value is not sanctioned for the task, the poor farmers sell the extracts to private dealers and suppliers for sake of their livelihood.

Risky Cultivation
The cultivation of poppy is designated as risky and very caring task for the farmers, the care required here is as much as a pregnant women takes of the baby inside her womb. The farmers labour hard throughout the day and at night they are engaged in securing their cultivation, safeguarding it from thieves and wild animals as the burden of securing the product is solely on the farmer and in instances of any discrepancies, the helpless farmer stands to be the accused.

Financial Insecurity
The pity condition of the poor and insecure farmers has resulted in improper channelization of opium in the country. The words on moral ethics are simple to be delivered but tough to be implemented. The poor farmers, after putting so much of efforts and labour are paid a pittance which opens door for illegal marketing of opium in grey market. The farmers were paid Rs.1,800/kg, for their cultivation which is comparatively very low against the grey market pricing which ranges between Rs, 60,000/kg to 1.2 lakh/kg. This wide difference between the prices drives corruption and ultimately leads to leakage of opium and opium products in the market which is further used for preparation of drugs such as smack, heroin and cocaine with the use of morphine and is sold for addiction purposes in the market by the drugs mafias and suppliers.

Legal Hurdles
The opium licenses which is issued based on the past cultivation record as notified by the government of India in its official gazette. The farmer has to fulfil minimum per hectare quantity known as minimum qualifying yield criteria to get their license issued and upon failure their license stands to be cancelled. There are other strict criteria followed under licensing system such as 5.9% of morphine content, the cultivator must have the land in his own name and he must be the resident of the village and minimum amount of production is fixed, below which the cultivation is not accepted by the government but when it comes to security and facilities the condition is pathetic. If the production falls short either due to weather or pest attack the farmers stands to be helpless and in order to fulfil the minimum amount he is compelled to purchase the crop though illegal means at a very high price. The burden of informing the narcotics department for the destruction process is also solely upon the farmer and if they fail to do so he is liable to face the charges. The way farmers make out is that to sell the remaining crop to the private dealer and get some amount instead to allowing government to destroy the crops and leave poor farmers empty handed. The other trouble which cultivators face is in context to the area of cultivation. The farmers mostly cultivate in lesser area in comparison to the land allotted because even if the plot size for cultivation is an inch more they are booked under the stringent sections of NDPS.
The miserable life condition of pity farmers and imposition of stringent laws and legal regulations upon the farmers deprives them of moral ethics and they lose the trust and faith on the government and look for private purchaser who can pay them handsomely in return to their hard labour and skills.

The Cruel Period of 2015-2106
The cultivation of raw opium is not only used as extraction of poppy gums and other substances containing morphine but poppy seeds are also yielded out of the crop which is used as spice in kitchens of India. There is no legal restriction upon selling of poppy seeds in the market. This sell accounted profitability to the poor farmers but unfortunately in 2016 the price of poppy seeds dropped to Rs. 400/kg from Rs. 600/kg which laid loos of Rs.200/kg on farmers end.[1]
Until the orders of Rajasthan High Court by division bench of Chief Justice Anil Awbwani and Justice B L Sharma while hearing the petition filed by Chandigarh based NGO ArriveSAFE the sale of poppy husk was allowed in Rajasthan under the license obtained by the state government. The order of High Court banned the sale on poppy husk and the licenses were cancelled immediately.[2] The farmers were asked to burn their husk which resulted to heavy loss to the farmers. The ugly side of this loss is that not only a source of income was blocked but the farmers were even not compensated for such heavy loss.
The heavy loss of this source still haunts the poor farmers but they are still engaged in this activity in hope of better returns for the cultivation and other securities and benefits from the government.


Conclusion
When the issue of substance abuse and improper channelization of opium in Rajasthan is analysed and its dimensions are evaluated it appears that addiction is not the major problem rather, improper cultivation and hurdles faced by the cultivators of opium leads to such alarming issue in the state. The poor farmers out of their pity state sell their crop to private buyer and dealers for the sake of their livelihood.
It is high time that this issue gets redressed because such improper channelization by drugs mafias leads to addiction of drugs in the society.
There are two fold measure to control such improper channelization of opium, the first and the usual one is that government should increase the rate of purchase for the opium crop which will give financial securities to the farmers and repose trust on the government which shall reduce the leakage till a great extent. This method must be followed with other benefits to the farmers such as schemes providing security to cultivators in case of crop failure and other safeguarding measures should be facilitated by which the cultivators are able to protect their crop efficiently and effectively.
The other measure is that government should stop the open end cultivation of opium crop by the cultivators and give way to captive farming by the pharmaceuticals company under the strict laws and regulations. The license can be issued to the pharmaceuticals companies for the cultivation and liability of security can also be conferred upon them which is possible because such companies and industries are financially well off to manage the resources. The companies may engage its own cultivator for this purpose which will provide employment and financial security to cultivator or may heir independent cultivator on contractual basis for which proper legislations must be drafted so that cultivators get their adequate amount of share. The security of crops under both the conditions must be with pharmaceuticals companies so that helpless and innocent farmers do not face any inconvenience or trouble in course of cultivation.
The later method can be opted only upon the condition that the current cultivators are adequately compensated for their loss and their crop must be purchased at reasonable market price which suits the needs of the poor farmers.
The issue is not very complex to deal, only requirement here is the sincerity by the stakeholders and framing provisions benefiting the needs of the labourers and cultivators.



Article by Sayantan Bera ‘The Opium Trap’.