Tuesday, May 20, 2014

Ruling by SC to stop antisocial element from holding position in Houses of public representations


At present we have in India two types of crimes as per our present laws; they are civil and criminal. However, in view of this new ruling by the Supreme Court I feel that we should have three types and for that we should include a new category by name "political offenses". Presently, activists fighting for civil liberties and such other democratic causes are convicted under criminal law because all those activities disturb law and order situation as per police department's way of thinking, and so all those who fight for good cause now come under this criminal offenses. Since, this rule continues in power it has made it difficult to continue our democratic movements to protect our liberties. We shall discuss in this post; how this ambiguity can be corrected so that political and social activists are spared from that ruling,

Our present law system is originally prepared by British to facilitate them arrest all freedom fighters; they condemned them as criminals from their biased imperial point of view however, now we have to accept the right to fight for our rights in a democratic manner and for that to activate public opinion concerned activists have to come on street and fight for the cause. In imperial rule government is owner and public or people is subject or tenants and so any activity for freedom fight was condemned as treachery. We should appreciate the motives of then ruling government of imperial British raj and as now we have discarded imperial rule in preference of democratic rule, where government is servant of people and people are owners, we must provide a special niche for all democratic activities requiring people to come on street to make claims for their rights. In such situation agitations are but natural and people involved in them need be protected as political offenders. When this correction is implemented all such activities will be treated as different from criminal activities. Because, these political movements are definitely not criminal activities and so all persons committing activities such as strikes, Satyagraha, civil disobedience, gathering in public places to demonstrate against wrongs done by government or any such agency, conducting processions and morchas, hunger strikes, candle morchas, holding rallies and such all activities should be included as "political offenses"; however, if a leader or an activist instigates people to indulge in violent activities such as riots, bomb explosions, firing, conspiracy to destroy properties, throwing harmful projectiles on others, instigate people to harm or kill others that must be included in criminal offense and that will attract application of criminal case. To avoid coming under this rule all political activists should see to that, no such violence is encouraged by them or by their accomplices.

That will be possible by excluding "political offenses" from that rule so that such activists can continue there freedom activities and also can contest for elections. Alternatively, political parties can have two tier leadership ranks and out of that one will contest for elections and will not take part in any such activities nevertheless, they shall show their support to these activities and defend them and the cause, in the House. At other level political activists will be doing all agitations and may be arrested under this rule since they are not members of any house their arrest will make no difference.

Let me request Supreme Court at this juncture that we have the practice of removing indecent comments or any indecent behavior by a member of House from records; this provision be discontinued. This is necessary because it amounts to interfering with the true history of that House. Since those events are real facts they must be retained in the book of records irrespective of being indecent or vulgar. So that, in future as future historians will want to know what our representatives were doing in the House, they get real picture; by removing those indecent comments or indecent activities from records we are cheating our history. Today by this erroneous practice we are misleading the history. Why should we do it when we have on our emblem title, "Truth prevails". If this request is not accepted by our SC then my suggestion to all powerful Google to commence keeping record of all proceedings of our parliament and upper House for the benefit of future historians.
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