Thursday, March 18, 2010

उनके पास कोई विकल्प नहीं है

रोजानl जो खाना खाते हो वो पसंद नहीं आता ? उकता गये ? ............ ... ........... .....थोड़ा पिज्जा कैसा रहेगा ?

नहीं ??? ओके ......... पास्ता ?
नहीं ?? .. इसके बारे में क्या सोचते हैं ?
आज ये खाने का भी मन नहीं ? ... ओके .. क्या इस मेक्सिकन खाने को आजमायें ?
दुबारा नहीं ? कोई समस्या नहीं .... हमारे पास कुछ और भी विकल्प हैं........
ह्म्म्मम्म्म्म ... चाइनीज ????? ??
बर्गर्सस्स्स्सस्स्स्स ? ???????
ओके .. हमें भारतीय खाना देखना चाहिए ....... J ? दक्षिण भारतीय व्यंजन ना ??? उत्तर भारतीय ?
जंक फ़ूड का मन है ?
हमारे पास अनगिनत विकल्प हैं ..... .. टिफिन ?
मांसाहार ?
ज्यादा मात्रा ?

या केवल पके हुए मुर्गे के कुछ टुकड़े ?
आप इनमें से कुछ भी ले सकते हैं ... या इन सब में से थोड़ा- थोड़ा ले सकते हैं ...


अब शेष बची मेल के लिए परेशान मत होओ....


मगर .. इन लोगों के पास कोई विकल्प नहीं है ...

इन्हें तो बस थोड़ा सा खाना चाहिए ताकि ये जिन्दा रह सकें ..........
इनके बारे में अगली बार तब सोचना जब आप किसी केफेटेरिया या होटल में यह कह कर खाना फैंक रहे होंगे कि यह स्वाद नहीं है !!
इनके बारे में अगली बार सोचना जब आप यह कह रहे हों ... यहाँ की रोटी इतनी सख्त है कि खायी ही नहीं जाती.........

कृपया खाने के अपव्यय को रोकिये
अगर आगे से कभी आपके घर में पार्टी / समारोह हो और खाना बच जाये या बेकार जा रहा हो तो बिना झिझके आप 1098 (केवल भारत में )पर फ़ोन करें - यह एक मजाक नहीं है - यह चाइल्ड हेल्पलाइन है । वे आयेंगे और भोजन एकत्रित करके ले जायेंगे।
कृप्या इस सन्देश को ज्यादा से ज्यादा प्रसारित करें इससे उन बच्चों का पेट भर सकता है


कृप्या इस श्रृंखला को तोड़े नहीं .....
हम चुटकुले और स्पाम मेल अपने दोस्तों और अपने नेटवर्क में करते हैं ,क्यों नहीं इस बार इस अच्छे सन्देश को आगे से आगे मेल करें ताकि हम भारत को रहने के लिए दुनिया की सबसे अच्छी जगह बनाने में सहयोग कर सकें -
'
मदद करने वाले हाथ प्रार्थना करने वाले होंठो से अच्छे होते हैं ' - हमें अपना मददगार हाथ देंवे

भगवान की तसवीरें फॉरवर्ड करने से किसी को गुड लक मिला या नहीं मालूम नहीं पर एक मेल अगर भूखे बच्चे तक खाना फॉरवर्ड कर सके तो यह ज्यादा बेहतर है. कृपया क्रम जारी रखें

इ मेल से साभार फारवर्ड बाई महेंदर सिंह

रोजानl जो खाना खाते हो वो पसंद नहीं आता ? उकता गये ? ............ ... ........... .....थोड़ा पिज्जा कैसा रहेगा ?

नहीं ??? ओके ......... पास्ता ?
नहीं ?? .. इसके बारे में क्या सोचते हैं ?
आज ये खाने का भी मन नहीं ? ... ओके .. क्या इस मेक्सिकन खाने को आजमायें ?
दुबारा नहीं ? कोई समस्या नहीं .... हमारे पास कुछ और भी विकल्प हैं........
ह्म्म्मम्म्म्म ... चाइनीज ????? ??
बर्गर्सस्स्स्सस्स्स्स ? ???????
ओके .. हमें भारतीय खाना देखना चाहिए ....... J ? दक्षिण भारतीय व्यंजन ना ??? उत्तर भारतीय ?
जंक फ़ूड का मन है ?
हमारे पास अनगिनत विकल्प हैं ..... .. टिफिन ?
मांसाहार ?
ज्यादा मात्रा ?

या केवल पके हुए मुर्गे के कुछ टुकड़े ?
आप इनमें से कुछ भी ले सकते हैं ... या इन सब में से थोड़ा- थोड़ा ले सकते हैं ...


अब शेष बची मेल के लिए परेशान मत होओ....


मगर .. इन लोगों के पास कोई विकल्प नहीं है ...

इन्हें तो बस थोड़ा सा खाना चाहिए ताकि ये जिन्दा रह सकें ..........
इनके बारे में अगली बार तब सोचना जब आप किसी केफेटेरिया या होटल में यह कह कर खाना फैंक रहे होंगे कि यह स्वाद नहीं है !!
इनके बारे में अगली बार सोचना जब आप यह कह रहे हों ... यहाँ की रोटी इतनी सख्त है कि खायी ही नहीं जाती.........

कृपया खाने के अपव्यय को रोकिये
अगर आगे से कभी आपके घर में पार्टी / समारोह हो और खाना बच जाये या बेकार जा रहा हो तो बिना झिझके आप 1098 (केवल भारत में )पर फ़ोन करें - यह एक मजाक नहीं है - यह चाइल्ड हेल्पलाइन है । वे आयेंगे और भोजन एकत्रित करके ले जायेंगे।
कृप्या इस सन्देश को ज्यादा से ज्यादा प्रसारित करें इससे उन बच्चों का पेट भर सकता है


कृप्या इस श्रृंखला को तोड़े नहीं .....
हम चुटकुले और स्पाम मेल अपने दोस्तों और अपने नेटवर्क में करते हैं ,क्यों नहीं इस बार इस अच्छे सन्देश को आगे से आगे मेल करें ताकि हम भारत को रहने के लिए दुनिया की सबसे अच्छी जगह बनाने में सहयोग कर सकें -
'
मदद करने वाले हाथ प्रार्थना करने वाले होंठो से अच्छे होते हैं ' - हमें अपना मददगार हाथ देंवे

भगवान की तसवीरें फॉरवर्ड करने से किसी को गुड लक मिला या नहीं मालूम नहीं पर एक मेल अगर भूखे बच्चे तक खाना फॉरवर्ड कर सके तो यह ज्यादा बेहतर है. कृपया क्रम जारी रखें

इ मेल से साभार फारवर्ड बाई महेंदर सिंह

Wednesday, March 17, 2010

Christian Council suggests major overhaul of Bill against communal violence


Christian Council suggests major overhaul of Bill against communal violence

The following is the text of the letter:


Dr. Manmohan Singh



The Prime Minister of India


Your Excellency Dr. Manmohan Singh:


Greetings from the All India Christian Council.


We applaud your government for its desire to protect the idea of India – a secular government with equality for all. We welcome the intention to pass a Bill on communal violence which will add to India’s strong body of laws.


However, the Christian community has deep concerns about the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2009, from the drafts we’ve read. We humbly request a serious re-write of this legislation. Our main concerns:


1. The Bill doesn’t adequately address the question of hate campaigns and the “communalisation process” (i.e. hate speech published in local language media) that precede communal violence. This well-studied phenomenon of activities, some already illegal but not often prosecuted, is a root issue.


2. The Bill doesn’t take into account the demography and pattern of living of various communities. Specifically, anti-Christian violence is normally dismissed by public officials as “sporadic” (although there may be a serious incident daily in some areas). Because other minorities live in concentrated or contiguous areas, those “communally disturbed areas” are more easily identified. In Orissa, Kandhamal would likely not fit the Bill’s definition but we know what happened there in 2007-2008.


3. The Bill doesn’t give States guidelines on reparations and compensation. We need a uniform national policy as well standards on the assessment of damages after riots in order to prevent ghettoisation.


4. The Bill doesn’t fully address police and administrative impunity properly or adequately. The “good faith” clause, which exempts police and public servants from prosecution unless there is permission from the executive branch, is a major concern.


We share concerns, especially voiced by Muslim groups, that the Bill doesn’t fully acknowledge the individual victim, treats communal violence as spontaneous rioters versus rioters (instead of acknowledging the possibility of premeditated or state-sponsored violence), and gives much power to state
governments which, historically, have occasionally acted in a biased manner. We need to see stronger checks and balances.


Also, we acknowledge that some shortcomings are systemic legal issues better addressed by your government in separate legislation or orders. The most important, in our humble opinion, include:


Establishing witness protection programs and guidelines


Strengthening of National Commission for Minorities and state minority commissions
Action against police who refuse to register FIRs


Permanently debarring government officials guilty of involvement in communal violence – or any crime – from government jobs and from contesting any office


The rights of “internally displaced persons” in relief camps should mirror UN Guiding Principles on Internal Displacement e.g. including immediate education for displaced children


Many provisions of the current version of the Bill are acceptable. But we request you to consider the input above so that a weak Bill is not passed which requires the almost impossible process of securing future amendments.


Our community has learned from recent waves of communal attacks in Orissa and Karnataka as well as ongoing onslaught on house churches, individual pastors/priests and nuns, and the terrible hate campaigns in newspapers which are officially sponsored by several state governments. Our suggestions are rooted in the reality of rural India where the vast majority of our members – thousands of Protestant, Catholic, and independent Christian organisations – live and work to improve our beloved society.


Yours Sincerely and Most Respectfully,





Dr. Joseph D’souza John Dayal
President, aicc Secretary General, aicc
Hyderabad New Delhi


dsouza@aiccindia.org john.dayal@gmail.com
+91-96188-88517 +91-98110-21072

C.C.:
Shri M. Veerappa Moily, Union Cabinet Minister for Law & Justice
Shri P. Chidambaram, Union Minister of Home Affairs
Shri Salman Khurshid, Union Minister of State (Independent Charge) for Minority Affairs
Smt. Sonia Gandhi, Chairperson, Indian National Congress Party




-------------------
Hindustan Times report today:


Amended law to let Centre take charge in riot-hit states


Aloke Tikku, Hindustan Time
r
New Delhi, March 17, 2010


The government’s final version of the communal violence law empowers the Centre to take charge of an area where riots have broken out once it sends in central forces, if it finds the state government concerned reluctant to act against the rioters.


The new law still does not allow the Centre to send armed forces on its own to a riot-hit spot. But once a state has asked for central forces to quell violence, the Centre will have the right — under certain circumstances — of setting up a unified command, comprising these forces and the local police.


The amendment was cleared by the Cabinet last December and is expected to come for parliamentary approval next month.


The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, however, says the Centre can declare an area “communally disturbed” and take direct charge only if the state concerned refuses to act against the violence being perpetrated to such an extent that the secular fabric of the country, or internal security, is endangered.


To guard against political misuse, the law stipulates that the Centre must first draw the attention of the state government to the deteriorating state of affairs, and set a deadline for it to take necessary steps to suppress the violence.


Until now, central forces deployed in a state worked under the control of the local district administration. But henceforth, in special circumstances, it will work under the unified command, which will report to the Centre.


The amendment was conceived of in the backdrop of the 2002 Gujarat riots, when it was widely believed the state government had done little to discourage the rioters.
Even so, it is bound to anger state governments who will see it as an encroachment on their powers. Eight of 12 states that responded to a survey by a parliamentary panel had even opposed an earlier, milder version.



Tuesday, March 16, 2010

Six-year-old Kandhamal girl identifies BJP MLA Manoj Pradhan as her dad’s killer

Six-year-old Kandhamal girl identifies BJP MLA Manoj Pradhan as her dad’s killer

Published Date: March 15, 2010

Christians in Orissa suffered arson, looting, house burning and murder during violence against the community

BHUBANESWAR, India (UCAN) — A six-year-old girl has identified Orissa legislative assembly member Manoj Pradhan as her father’s killer during anti-Christian violence two years ago.

Lipsa Nayak and her mother were among hundreds of witnesses summoned by two fast track courts trying cases related to the attacks on Christians.

When asked by the judge if she could identify the man who murdered her father, she pointed to Pradhan, a leader of the pro-Hindutya Bharatiya Janata Party.

Nayak’s mother told the court her husband escaped to the forest with his family but a mob tracked him down. They demanded he denounce Christianity or face death but he kept quiet, the 25-year-old widow recalled.

“They played with him for a few hours before cutting him into pieces
and dousing him with kerosene,” she said, and added that her daughters who were then aged four and two had witnessed the crime.

Defense and prosecution lawyers grilled the girl for more than 90
minutes asking her about persons she saw killing her father and the
place of the crime.

“She answered all their questions without wavering,” Raj Kishore
Pradhan (not related to the legislator), a lawyer assisting the
prosecution, told UCA News after the March 12 hearing in Orissa’s
Kandhamal district.

Pradhan, the politician, represents the G. Udayagiri constituency in
the Orissa assembly. He is accused in 14 cases of arson and looting as well as nine murders during the violence.

The courts have exonerated him in several cases after witnesses turned hostile in court, allegedly under intimidation and threats.

“Here is a young girl who has mustered the courage to testify against the powerful” politician, defense lawyer Pradhan said. Her example “would encourage others to testify before the court and get justice rather than turn hostile,” he added.

Father Manoj Kumar Nayak from the same village hoped the girl’s
testimony would bring justice to the victims.

The Catholic priest pointed out that the legislator was among 307
people the fast track courts have acquitted for lack of witnesses. He
also told UCA News most accused are not yet arrested or brought to trial.

Friday, March 12, 2010

Prevention, Control and Rehabilitation of Victims

To

Dr Manmohan Singh

Honorable Prime Minister

Republic of India,

Subject: We demand that the Government revise the proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill 2009

Mr. Prime Minister,

We write to you to vigorously protest against the proposed Communal Violence Bill in its present form that is soon to be tabled in the Parliament. As responsible citizens of this country we find it truly reprehensible and unfair that wise counsel of anti communal groups, human rights defenders and independent legal experts was not taken stock of and their very important suggestions and modifications have been totally ignored. The bill in its present form as is being proposed is dangerous for the health of our secular democracy and it could cause great harm to protect victims of communal violence. We want you to urgently intervene and ensure that the vitally needed legislation on Communal Violence be reviewed and revised.

We want the government not to rush in a law for electoral or short term considerations. We want this important law to be amongst the finest and the best in the world; as citizens of our country that has been torn and wounded by communal strife, we want a law that best protects us and gives us justice. You will set a fine democratic precedent by taking a step back and listening to our plea.

Date: Yours sincerely

List of Endorsees appended below

CRITIQUE OF THE BILL

Undoubtedly, India needs a comprehensive law to control, contain and abate communal violence but any law drafted and passed without any serious evaluation of the ever-growing communal hate in the country would be suicidal for democratic, secular and multicultural fabric of India.

Keeping this in mind the Present Bill in present form attracts following criticism:

1. Legislative intent

In the present given form, the Bill is entirely misplaced and disconnected with India’s past experiences of communal violence. The bill seeks to further empower the State and Central Governments rather than the survivors of communal or ethnic violence in particular and citizens in general. The Bill is reinforcing and strengthening the past situation where enough statutory powers have been given to the Government and therefore fails in providing an alternative to the existing laws and its instrumentalities and to supplement them to fill the gaps in Indian legislation in the situation of communal or ethnic violence/crisis.

2. Co-relation between crimes and declaration of disturbed area is false and untenable

This Bill restricts the application to the communally disturbed areas declared/notified under this Bill; it means this law has no use unless the state government declares/notifies any area communally disturbed area. This theory is beyond all the limits of reasons and justification that is a crime by definition is always a crime and has no relation with any such declaration by the Government and is unheard of in the history of Penology. However, the declaration/notification has some relevance so far as the exercise of executive power and which is again a question of close scrutiny. Further, the ‘scale of violence’ may be relevant for deciding whether it falls under the special law on communal violence but the ‘scale’ cannot be linked to the temporality of an executive declaration.

3. Undue devolution of executive powers to the Government and public servant

The Bill provides extra ordinary executive powers to the state government and the public servants in form of various provisions of the Bill and thus fails to address the past experience and history of communal conflicts/violence. On the basis of our past experiences, devolution of enhanced powers to State Government and public servants during communal disturbance and have been always misused and abused against the interest of minority community rather than protecting them. Further, the Bill negates the Central Government’s power to deploy Army in genocidal situations, as S. 55 mandates prior request by the State Government for such deployment. Also, giving powers to State government to notify the Bill for its commencement is suicidal and would have serious consequences.

4. Failure to create any new offence and add deterrence

The Bill fails to create any new offence, rather it treats a set of already defined crimes as scheduled offences and leaves no room for the creation of newer offences to deal with crimes of genocidal nature (i.e. mass crimes or targeted crimes) during of communal or ethnic violence/conflicts, which India is obliged to recognize and legislate on the issue of genocide under the UN Convention on the prevention and punishment of the Crime of Genocide, 1948 (Ratified by India in 1959). Communal violence is by its very nature a targeted or mass crime perpetrated on a community of persons. However, Indian Penal Code, 1860 is inadequate to combat communal violence, failing repeatedly in the past to redress and protect the interests of the survivors of mass crimes and to enforce accountability of the perpetrators, including the state agencies complicit through act of commission and omissions of mass crimes. Yet the Bill fails to recognize this historicity of the impunity for the communal violence and to bridge this existing legal vacuum.

5. No accountability of the State and of public servants

The Bill in the present shape is unwilling to adequately enforce state accountability for the acts of commission and omission by the State agencies. There has been a history of enjoying absolute impunity by the state agencies because of a statutory pre condition of Government’s sanction for their prosecution. Such a qualification serves to ensure that state agencies will continue to enjoy immunity even after the passing of this Bill, thus nullifying the Bill’s own stated commitment to the principles of state accountability. Further, even the provision for punishment to the public servants either/both for ‘mala fide exercise of lawful authority’ or/and’ willfully omitting to exercise lawful authority to prevent communal violence’ is adding further impunity for the state agencies and by creating a defense of ‘good faith’ in favor of them further dilutes it.

6. No command responsibility

The Bill lacks provision related to ‘command responsibility’ and no special efforts have been made under this Bill to ensure the same when persons in positions of power have it in their command to prevent the eruption or stop the continuance of communal violence, so that the responsibility for the same can be traced back to such person or persons in command with such power.

7. Failure to acknowledge and create offence of gender based violence

This Bill completely ignores the fact of inherent distinction between the sexual assault at the peacetime and sexual assault with genocidal intent in a communal situation and fails to acknowledge and create a separate category of such offence. Crimes against women in a communal situation are horrific and of multiple types which are not even touched by the criteria of scheduled offences as created for the purpose of this Bill and completely fails to even acknowledge those crimes which do not defined under Indian Penology.

8. Relief and Rehabilitation

The Bill provides an institutional arrangements for relief and rehabilitation, which is positive and encouraging to a small extent, but it fails to create a national framework of justiciable entitlements for the survivors of the communal violence and leaves it to the State Governments to prepare their own relief and rehabilitation standards and scheme and also the amount of compensation and therefore, it is not articulated as an inviolable legally enforceable rights of the survivors and seems more an act of charity than entitlement. Further, there is no mention of the rights of internally displaced persons leaving them entirely unprotected hence the Bill fails to acknowledge the UN Guiding Principles on Internal Displacement. Also, it fails to recognize the internationally accepted principle of payment of ‘reparation’ by the State to its citizens for failure to protect life and liberty during mass communal violence.

Key Demands:

Following provisions must be included in the Bill:

1. New offences like “Forced Displacement, Gender Based or Sexual Offences, Genocide, Social and Economic Boycott, Illegal Dispossession, Transfer, Possession or Disposal of Immovable Property” must found place in the law.

2. Provision for enhanced “punishment on subsequent conviction”,

3. Provision for “in camera proceedings”,

4. Provision for “compensation to Waqf or religious trust on damage and destruction of religious property”,

5. Provision for Special mobile police stations for lodging complaints during and after communal violence,

6. Provision for Appointment of accredited paralegal and volunteers for assistance to survivors during filing of Complaint and trail need to be put in place.

7. Provision relating special duty with regard to access to justice such as lawyer of choice, traveling expenses to complainant and witnesses, post trauma counseling etc. shall be imposed on the State Governments.

8. Provision with respect to mechanism of social insurance like 1% compulsory surcharge on all tax payers towards relief and rehabilitation of the survivors should also be incorporated.

9. Provisions relating the rule of burden of proof in trial of offences related to communal violence must be relaxed and shifted from prosecution to the violator (accused) by adding a new chapter on presumptions such as presumption as to malafide commission and omission by public servant on duty and so on so forth.