New Delhi,28/09/18:Attitudinal-change with change in generation was evident from Supreme Court verdict dated 27.09.2018 quashing section 497 of Indian Penal Code IPC considering adultery not a criminal offence by a five-member bench also comprising of Justice DY Chandrachud who differed on the issue with his father former Chief Justice of India YV Chandrachud. However it is good that women were treated similarly with men in the recent judgement in our male-dominated society. Courts should also consider practical outcome of their judgements in Indian society which in no way should treated at par with western culture of foreign countries in cultural aspect. Judgement on adultery is exactly on lines with recent other Supreme Court verdict dated 07.09.2018 on article 377 of the Constitution on gay-sex.
Now it is for BJP-led and RSS-supported central government that remedial action be taken if required through legislation to prevent ancient Indian culture being polluted through aspects like gay-sex and adultery, which may soon become fashion as outcome of Supreme Court verdicts. It is significant that many top politicians including prominent political rulers and legislators of both ruling and opposition have already enjoyed adultery in their lives with no action taken against them even under IPC 497 even though it was relevant before Supreme Court verdict, only because spouses of those involved in adultery never filed any complaints.
# Subash Agarwal
New Delhi,27/09/18:Well-balanced Supreme Court verdict with 4-1 majority on 26.09.2018 having detailed discussion in 1448 pages has drawn distinct lines for use of Aadhar cards making all political parties and others concerned claim as their victory. Apex Court has rightly made Aadhar mandatory for essential aspects exclusively under government-control including PAN-card, Income-Tax returns and all types of government-facilities including subsidies etc, while disallowing it for private service-providers like mobile-operators, school-admissions, entrance-tests etc. But not linking of Aadhar with bank-accounts is contradictory because bank-accounts are already to be linked with Aadhar.
Bill had to be passed as money-bill because of usual tendency of opposition to stall every useful step by misusing neck-to-neck position in Rajya Sabha. Otherwise also since subsidies were involved, therefore there was some logic in getting it passed as money-bill. Objectionable sections of the Bill have been struck down by the Apex Court. Supreme Court verdict has opened a new chapter whereby rulings of Chairpersons of two Houses of Parliament can now be open to judicial review. It is sorry that precious court-timings are involved because of ruling and opposition not acting fairly on passage of bills. System should be that senior Parliamentarians expert in the subject may sit together with outside experts to prepare a consensus draft to be passed in Parliament smoothly.
Central government should constitute an expert-committee on Aadhar to give its report in a time-bound period because many unwanted elements got Aadhar when private agencies were authorised to enrol for Aadhar-cards. Present data reveals that at least 30-percent extra Aadhar cards are issued without proper verification, which needs to be cancelled. Since terrorists and criminals change SIM-cards of mobiles frequently, some other mode should be established for SIM-cards being issued only to genuine persons. Government-issued Identity Cards like Passports and Driving license should have permanent numbers which may remain same even on renewal, and then these should also be linked with Aadhar-cards.
Even though Supreme Court has directed for deletion of Aadhar-data held with private-companies in a time-bound period, but it is not practically possible because holders of such data can retain copy of the destroyed data.
New Delhi,27/09/18:It refers to welcome Supreme Court verdict on 26.09.2018 wherein a five-member Constitution Bench ordered for exclusion of creamy layer from reserved categories under scheduled casts and scheduled tribes. Root cause of problem is policy of Reservation which is in itself a big failure when it could not homogeneously mix people of reserved-categories in the society in stipulated 15 years initially fixed by constitution-makers and now for about seven decades after independence. In present era, policy of reservation is itself responsible for alienating persons of reserved categories from normal society by making them identified separately.
If reservation is to be continued indefinitely, all reserved categories like SC, ST or OBC should be merged into one single category with an annual review of progress or benefits made by different casts and tribes by virtue of Reservation. Communities with maximum postings and admissions may be deleted from reserved categories by taking these as creamy layers, leaving opportunities for reservation for really deserving backward categories. Also since backwardness in reserved categories is due to their generally having large families, benefits of reservations may be reserved for persons and families with upto two children only. Present system makes professional politicians (and their family-members) from reserved categories enjoy fruits of reservation-policy despite their being ultra rich and influential in politics and society.
SUPREME COURT ORDER ON CRIMINALS FIGHTING ELECTIONS; DIRECTIONS RATHER THAN OBSERVATIONS WERE THE ONLY REMEDYWednesday, 26 September 2018 05:22 Written by odishabarta
New Delhi,25/09/18:It refers to Supreme Court verdict dated 26.09.2018 wherein the bench desired Parliament to legislate to bar criminals from contesting elections. But practically such recommendations are of no use because Parliamentarians cannot be forced to pass desired legislation only on basis of recommendation by the Apex Court. Past practice reveals that any major poll-reform has only been possible after clear directions from the Supreme Court.
This is not the only case where Supreme Court restricted itself by passing strong strictures and positive observations, but avoiding giving directions like was in case of BCCI where also Supreme Court gave directions to central government for finding feasibility of bringing BCCI under purview of RTI Act. Whole exercise thereafter involved huge resources of Law Commission and others concerned for endorsement of Supreme Court observations but with final decision of central government still awaited.
It is unlikely that political leaders may clip their own wings by passing any legislation which may bar criminals from contesting elections in a scenario where almost every political party fields candidates with criminal background to contest elections with Election Commission not having sufficient autonomy to frame such rules of public-interest. Better is that Supreme Court may sue-motto take steps to provide added autonomy to Election Commission to issue directives for necessary poll-reforms.
New Delhi,25/09/18:Mobile-phone service-providers turn down requests made for details of ‘Incoming’ and ‘Missed’ calls on mobile-numbers of the person/s making such a request in name of ‘privacy’, while companies are providing details of ‘Outgoing’ calls even without being asked for.
It is beyond understanding how and why the company can claim ‘privacy’ on providing the sought data when the calls are made to persons requesting such details of ‘Incoming’ and ‘Missed’ calls received on his mobile-numbers. Providing details of ‘Incoming’ and ‘Missed’ calls on request is of utmost importance in cases of obscene/threatening/harassing/fraud calls received by person/s requesting for details of Incoming’ and ‘Missed’ calls. Such details are also of importance because of unwanted calls interrupting despite registration done on ‘Do-Not-Disturb’ service. It is apparent that mobile-companies cite privacy for deliberately not restricting unwanted calls in order to mint money by such calls.
Telecom Regulatory Authority of India (TRAI) should make it mandatory for mobile-service providers to provide details of ‘Incoming’ and ‘Missed’ calls on demand in the manner they provide such details of ‘Outgoing’ calls. ‘Privacy’ factor remains same for ‘Incoming’, ‘Missed’ and ‘Outgoing’ calls.
New Delhi,25/09/18:Indeed Goa Chief Minister Manohar Parrikar is rarest of rare Indian politicians known for his honesty and simplicity in public-wife when he as Chief Minister can be seen travelling in public-buses. But reason for removal of two ministers in the state on basis of long illness applies unfortunately to Chief Minister himself also.
Rules should be framed both for the centre and for all states whereby long illness resulting in absentism from office for say more than three months by any minister may automatically result in removal from the post. George Fernandes was made Rajya sabha member even though his oath having been read by his colleague in the House only because he could retain type-VIII government-bungalow in Leyton Zone of New Delhi.
All those entitled for medical-facility including those in legislature at government-expense must be reimbursed for only in government-hospitals though on priority. At least medical-treatment in foreign countries must not be at government-expense.
In view of Supreme Court verdict in the matter Subhash Chandra Agrawal versus Registrar General Supreme Court wherein the apex Court quashed CIC-order for disclosure of annual medical reimbursement of individual judges of Supreme Court, it should be legislated to put details of annual medical reimbursement at government-expense on websites of respective public-authorities.
New Delhi,22/09/18:Department of Posts has on its website useful service to lodge complaints about non-delivery of postal-articles sent by Registered or Speed Post. But there is no immediate resolution of lodged complaints making very idea of using Speed Post service useless. It is significant that these services are often used to mail important documents for a time-bound delivery. Users of postal-services have to suffer a lot in case of some last date for submission of documents.
An envelope containing important documents sent by Speed Post vide postal-receipt of rupees 70.80 numbering ED648092798IN from Delhi-110006 to Hyderabad-5000032 on 05.09.2018 is still stuck at Palam TO (New Delhi) despite with PIN code number 5000032 as per track-record shown on website of Department of Posts. No action is taken on complaint-number 10008810730 dated 18.09.2018.
Likewise complaint number 10008823692 dated 21.09.2018 for an envelope sent by Speed Post from Delhi-110006 to Faridabad-121008 on 17.09.2018 vide postal-receipt of rupees 29.50 numbering ED297288340IN is unresolved where track-record on postal-website shows that postal-bag containing the said postal-article has wrongly reached to Gurugram instead of Faridabad.
Postal-department should ensure immediate 24-hours time-bound action on complaints lodged about non-delivery of postal-articles.
Simplification necessary through clubbing saving-schemes for senior citizens
New Delhi,22/09/18:Government of India has raised interest-rates for different government saving-schemes, subsequent to sharp decline in small savings in first eight months of financial year 2017-18 when small savings schemes amounted to just rupees 40,429 crore, a seven-fold dip from Rs 2,75,682 crore in the corresponding period of previous year. It is time that government may introduce all saving-schemes presently available in post-offices through all branches of various public-sector banks. Interest-rate on RBI-bonds should also be restored back to 8-percent.
There are two different saving-schemes attracting 8-percent simple interest with a capping of rupees 15 lakhs on each of the scheme for an individual, namely Senior Citizen Saving Scheme in post-offices, and Pradhan Mantri Vaya Vandana Scheme through LIC of India. Central government should club both these schemes into a new one with total capping of rupees 30 lakhs through all branches of various public-sector banks. It will be better if this combined capping may be increased to rupees 50 lakh per senior citizen.