Democracy infested by goons and traitors!

The law-makers of the nation have recently moved to a new building . But have these people, usually addressed as " Mananiya", really left behind or rather thrown into their "dirt" in the the Arabian sea or Gulf of Bengal ! The sincere answer is a big, No.

Here is the time to introspect and ponder over the pitiable health of our democracy. Like an attractive Barbie doll, the dreaming members of the Constituent Assembly chose the democracy as the form of governance and nourished and adored it at every moment. So much so, the people were hypnotised to believe that the democracy, and no other form of governance was suitable for India.

Even after the cash for votes scam that took place some 25 years ago, involving the Jharkhand Mukti Morcha (JMM) in bribery episode, the five judge Constitution bench of the Supreme Court, under the cover of immunity provided in Art.105 (2) and Art. 194 (2) of the Constitution of India took a lenient view on the ground of ' morality of polity ' in the case titled, P.V Narasimha Rao Vs.CBI ! Thus, both the giver as well as the receiver went unpunished!

Further, just a few months back, a 'Special ' session of the Delhi Assembly was called, only for mocking, insulting and even threatening the leadership of the central government which was opening the Pandora's Box to the discomfiture of the Aam Admi Party ruling the national capital. The latest addition to the series of such objectionable behaviour by the elected representatives is that of a ruling party's M.P from the national capital.

These are only a few examples of how our democratic process and parliamentary previleges are misused by the people's elected representatives, called M.Ps, M.L.As and M.L.Cs. But the story does not end here. The history of our democratic institutions is replete with the instances of name-calling, abusing, assaulting and criminally intimidating each other. The net result of such uncivilized behaviour of some members is the loss of business hours and still worse, loss of credibility of our much touted 'largest' democracy in the world!

No doubt, the Rules governing the business of parliament and assemblies are clear and unfailing about the quality of language that could be used by these dignitaries. But the problem starts when an occasion to use these Rules arises. The Speaker or Chairman even if intends to take stern action against an erring member, he or she is pursuaded to show leniency. At times, when the House takes some action against an unruly or indecent member, as it happens in most of the cases, just within a few days, the action is annuled. Consequently , the erring member becomes more unruly or indecent because of the magnanimity shown by the House.

Therefore, what is needed is the firm commitment of the Constitutional bodies to uphold the majesty of the Constitutional institutions at all times. For ensuring this, the political parties will have to get rid of the people with criminal background and little or no formal education. But for doing so the leadership will have to have a 56 inch ki chhati !

* INTERNATIONAL CONFERENCE OF LAWYERS

The Bar Council of India (BCI) hosted International Conference of Lawyers was inaugurated on September 23 by the prime minister of India. The two day conference has been organised in collaboration with the Bar Association of England and other legal bodies. The theme of the conference is: Emerging Challenges in Justice Delivery System.

The prime minister Narendra Modi praised the role of legal fraternity in the Independence movement. He emphasized on the need for simplification of legal language so that it could be easily understood by the commonman.

Chief Justice of India Dr.D.Y Chandrachud exhorted the lawyers to use the emerging digital technology and get benefitted from it. Law minister Arjun Ram Meghwal assured full cooperation to the judiciary by way of providing better infrastructure and facilities. Attorney General of India and the Solicitor General of India also addressed. BCI chairman, Manan Kumar Mishra while welcoming the guests, appealed the government to pass the Advocate Protection Act and extend the benefits of Health Insurance to Lawyers in the country.

* CALCUTTA -HC ON WIFE 'S RIGHTS

The Calcutta High Court recently held that if a wife decides to sell the property standing in her name without seeking the husband’s approval, it will not amount to cruelty.

A division bench of Justice Harish Tandon and Justice Prasenjit Biswas was hearing a woman’s appeal against the trial court’s decision to grant divorce in favour of her husband on the ground of cruelty and desertion in a case titled, MS Vs.JNS.

"It appears that both are educated and if the wife decided to sell the property standing in her name without seeking approval or permission from the husband-respondent, it shall not constitute the cruelty," the Court said.

The trial court in 2014 had held that there was a presumption that consideration for the purchased land was paid by the husband as the wife admittedly did not have any income.

The High Court said even if it is taken as truth, the property stood in the wife’s name.

“The wife cannot be regarded as a property of the husband nor she is expected to seek any permission from the husband to do any act or a thing which she decided to do in her life,” it added.

The Court said that if the husband can sell the property without the wife’s approval, then the property standing in the name of the wife can be sold by her without his permission.

“We have to eradicate the mindset of gender inequality and therefore the finding of the judge in the trial court is unacceptable and untenable,” it said

The Court also observed that dominance of men over women is not acceptable to the present society “nor the framers of our Constitution ever inculcated such sense.”

On the trial court’s finding that the withdrawal of money by the wife from the joint bank account held with the father-in- law after his death constitutes cruelty, the High Court said it was far-fetched and untenable.

In fact, the High Court said that the trial court ought to have considered it from a different angle because the father-in-law reposing confidence in daughter-in-law by opening joint bank account with her destroys the allegations by the husband that the wife was indifferent and quarrelsome within 15 days of marriage.

It also rejected the trial court’s finding that the couple were unhappy since the inception of marriage.

“Within two years of marriage the parties were blessed with the daughter and, therefore, it cannot be said that since the inception of the marriage they were not happy,” it stated.

While rejecting the allegation of desertion against the wife, the Court noted that parties have been living in the same house but in separate rooms.

Taking into account the wife’s assertion that she wanted to restore the relationship, the Court said even though the couple have not established the co-habitation since 2003, the evidence reveals that the husband did not intend to cohabit with the wife.

“We find that the judgement and decree passed by the Trial Court cannot be sustained,” the Court said while setting aside the divorce decree in the case dating back to 2007.

* A.P FORMER CM BABU FILES PLEA IN SC

After having failed to get any reprieve from the Andhra Pradesh High Court in the criminal cases filed by the state CID, the former chief minister of the state Nara Chandrababu Naidu has knocked the doors of the Supreme Court.

The state high court on September 22 dismissed the quash petition filed by Babu. It is pertinent to note that the former chief minister has been named as an accused in the A.P Skill Development scam. The main allegation against him is that he took undue advantage of his position as the Chief Minister and siphoned off a sum of about Rs.370 crore of public money.

Naidu was arrested on September 10 and remanded to the judicial custody. Subsequently, he was granted two days police remand. EOM