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16 February 2011
News and current affairs

IMPORTANT NOTE: The following satirical article is wholly fictional with no intent to refer to or offend anyone, any firm or any moot. Every insult/joke has its source in comments (not linked) or various posts (linked) on Jessup judging by Legally India. Again, any offense taken is regrettable, because no offense was meant. Okay, maybe a little. ;)

 

 “We did not lose because our research was bad. We lost because I did not wear my belt.” Said Mooter Mukherjee coldly.

 

 “Your belt?” said our confused local correspondent for Legally India’s Mooters’ Pastiche of Lies (MPL) category.

 

 “My belt. It is made from the skin of a cow found in a Buddhist graveyard at midnight. I  make my grandfather perform black magic on it, black magic is a cherished Bengali tradition, along with empty swearing and alcoholism. Anyway, this belt is my lucky moot belt.”

 

“Black magic?” said our correspondent in shock.

 

 “Of course. After all, I am from NUJS, how else will I win a moot. What are you, stupid? Everyone knows that NUJS wins moots with black magic and NLUJ has forgotten how to win moots. Nobody knows why Nalsar wins moots yet, but good conspiracy theories take time to create. Please give us some time.”

 

“What about NLU Delhi?”

 

 “It is obvious that NLUD is too young for anything but bottlefeeding competitions. They win by stealing the souls of NLS students.”

 

 “Stealing souls?” said our correspondent, bleakly.

 

 “Yes. They look like NLUD students, they sound like NLUD students, but if you cut them open, you will find the souls of NLS students furiously making memos inside the stomachs. Ask anyone from NLS, they all know this truth.”

 

 “And where are the bodies of these soulless NLS students?” said our correspondent, riveted.

 

 “What a stupid question. Walking around NLS as usual, of course. Nobody can tell the difference anyway. It’s a brilliant plan.”

 ***

 (In conversation with NLUD’s team, for a response to the NUJS team’s allegations)

 “Lies, utter lies!” spluttered Baby Punjabi, the NLU Delhi moot team’s first speaker.

 

 “Then how do you explain your win at the Perished C. Jurist Moot’s national rounds this year?”

 

 “The straightforward way of course. Just like everyone else. Great preparation.”

 

 “Involving what?”

 

 “Well I topped Geography at my school, so the revision was overall really easy, I just had to run quickly through the minor ports one last time. I almost got caught on the capital of Tajikistan at one point! The judges were very competent and we even exchanged a few witty jokes, heh heh heh” chuckled B. Punjabi in evident self-satisfaction.

 

 “I’m sorry, wasn’t the moot on International Law?” said our correspondent, dazed.

 

 “Yes, and one half of the phrase ‘international law’ is ‘international’! So one judge was a Geography teacher! So what! What, are you from one of those NLUs? Is it NLS? Are you jealous of us? Admit it, admit it!” screamed B. Punjabi in a froth of sudden anger, flailing  his arms and fists at our cowering correspondent.

 

 “Don’t worry, he is just hungry, he will be ok as soon as he gets hourly bottle-feed from our coach.” Said the NLUD researcher sympathetically.

 

 “His…. bottlefeed?” said our correspondent.

 

 “Yes, haven’t you heard. NLUD mooters have an anti-spoon policy. We prefer bottles.”

 

“Suck it, losers! We can eat you for breakfast!” shouted B. Punjabi incoherently, while being led away by security.

 

 “Yes, but only if you are mixed with milk, easily digestible and served in bottles.” added the researcher patting our correspondent’s shoulder soothingly.

 ***

 (in conversation with Mr. Bahana, partner of Bahana & Bahana, organizers of the national rounds of the Perished C. Jurist Moot)

 “Mr. Bahana do you wish to comment on having picked a geography teacher to be judge?”

 

 “Absolutely. We could not help it. My father is unavailable on Sundays since the Hindu’s special crossword comes out on Sundays. The geography teacher was merely a backup plan.”

 

 “What do you say to the allegations of the NLS speaker, that this teacher is incompetent to judge these national rounds?”

 

 “I say to him, what is the use of knowing all this international Treaty-Sheety if you don’t know all the state capitals in your own country. India is best, Jai Bharat Mata Ki. But I also feel sorry for him, he is under great pressure and also had terrible mooting luck” said Mr. Bahana displaying patriotic and sympathetic feelings (in that order).

 

 “Really?”

 “Yes, I do not blame him; did you know Cuddalore is a minor and not major port? Fascinating, fascinating, we learn something new every year!” chuckled Mr Bahana ruffling our correspondent’s hair in a fatherly fashion.

 

 “Thank you for your comment. The MPL is vastly enriched by your assistance.”

 ***

 This exciting update was brought to you by MPL Live, your personal bullshit generator! On the hour, every hour!

Next week in MPL Live - Did ILS mooters perform Jedi Mind Tricks on the judges????!!!!!?!

The truth exposed! Tune in to find out,  only on MPL Live.

16 February 2011
News and current affairs

Salient Features of the Bill proposed by Aravinda Kejriwal, Kiran Bedi, Anna Hazare etc.
1. There shall be an institution of Lokpal with ten members and headed by a Chairperson.

2. That part of CBI which deals with cases of corruption, shall be merged with Lokpal.

3. CVC and the entire internal vigilance set in various central government departments will be merged with Lokpal.
4. Lokpal will be completely independent of the Government.

5. Lokpal shall have jurisdiction over bureaucrats, politicians and judges.

6. Lokpal shall have the powers to initiate investigations and prosecution without needing
permission from any other agency.

7. Public grievances are often linked to demands/expectations of bribery. Lokpal shall act as appellate authority and supervisory body for grievance redressal systems in all central
government departments.

8. Lokpal shall be responsible for providing protection against physical and professional
victimization to whistleblowers.

9. Members and Chairperson in Lokpal shall be selected through a transparent and participatory process.

10. The functioning of Lokpal shall be completely transparent to avoid it from becoming a hub of corruption.

11. Any complaint of wrongdoing against an official of Lokpal shall be investigated and acted upon within a month through a transparent enquiry process.

12. If charges are proved and conviction takes place, loss to the exchequer caused due to his
wrongdoing shall be recovered from all those who are convicted.

16 February 2011
News and current affairs

 

Yesterday I was very confused, 

I was worried as to which car should I buy,

Yesterday all were good to me,

I was not in a position to reject any car.

 

Yesterday I was traveling through the books,

I was determined to get the amount to buy a car,

Yesterday all persons were my friend,

I was eager to know about these cars from them,

 

Yesterday I got depressed,

I was not performing well.

To get the amount which I needed,

I was working hard day and night.

 

Yesterday I was wishing,

I could get any of these cars.

I was helpless and disappointed,

I used to respect other car owners.

 

I could not insult them,

Because I was eager to get,

One of those precious car,

Yesterday I was very confused.

 

Some car owners used to guide me,

I used to ask my doubts from them.

They  used to be my idols as they have already got a Car,

I always used to pray,

To get one of the cars like them

 

But today I have got my own Car,

Now I have become very possessive,

Today, I have come to know,

The features of my Car.

 

Today I have come to know,

the history of my car.

Today I think I was a fool,

That I used to consider other cars Good.

 

Today My Car has become the best,

It has got the best average than other cars.

Today I would fight with others,

Who are not a part of My Car.

 

How can their Car be better,

I will explain other car owners.

The feats which my car has achieved,

I love my Car a lot.

 

Today I would Explain,

Why my Car couldn't perform well,

I will explain others that,

It was due to the Fault of the Mechanic.

 

Today I will tell others, 

To wait for My Car to Start.

Once it gets started,

It would would give the best average.

 

Today I will explain others,

That see my Car can also perform well.

My Car had some defect,

Which has been rectified Now.

 

Today I do not want other to think,

That my Car has got some problem.

I know My Car is the Best,

It would remain the Best.

 

Note - 'Car' refers to a Law College and 'Amount' refers to the rank in entrance exam ( Not necessarily CLAT )

 

 

15 February 2011
News and current affairs

Rape is defined as a forced sex with a woman without her consent under by a man under section 375 of Indian Penal Code. Forcefully doesn't only mean that it should be physical, it can be mental also. This law was codified in the year 1860, when it was a belief among the society that a man cannot be raped. Moreover, it was also a belief not only in India but also in England that only a man can commit this offence against the women. But, what if a person forces a man to have sexual intercourse without his will, what should the definition of this offence. It cannot said to be rape, because if we are including male category under the category of victims under the definition of Rape, then we are changing the law itself and it is the job of parliament, not ours.

Forced Sex with a Man 


Lord Macaulay didn't miss the chance to include section 377 which prohibits unnatural offence and under that category, if a man have sexual intercourse with another man would be charged under this section but again Lord Macaulay missed to define as to what would be the offence if a man who becomes a victim of forced sex by another man. The recent decision of Delhi High Court legalizes Gay sex but even though it is not clear as to what punishment would a person would get if he forcefully indulges in a sexual activity with a man. You might be wandering as to how can a male be raped, but statistics shows that in the year 1997, 342 men were raped in UK. Now, it would not be possible to ignore that a male cannot be raped. If it is possible to legalize homosexuality, then it must be possible to have a provision against Male rape ( Don't go on the terms 'Male Rape, it has been used for the convenience ). This crime was recognized in UK only in the year 1994. Before that it would not have been possible to recognize this crime.

Problems of Male Rape Victims 


It has been came to light from the study conducted on the " Crime Against Man " that it is very hard for a man who has been a victim of sexual violence with dignity in the society. On one hand, our society provides sympathy to female victims of this crime, but on the other hand no such sympathy is available to male victims. It has been found that there are quite a large of man who tried to kill themselves after these incidents. Moreover, a man who has been sexually molested since his childhood is not able to develop confidence in himself and again it becomes very hard for him to live in the society with dignity. We talk about right to equality but is this law actually been applied among all persons. It would not be wrong to say that our law favours women as it has been framed keeping in mind the patriarchal notion of the society, where crime are committed against women.

It has also been shown in a study that victim of male sexual violence are not able to maintain their further relationship with anyone. They try to keep themselves isolated from the fear of getting humiliated. These victims sometimes suffer from a mental disorder throughout their life. It is justifiable to leave these persons who have become a victim of sexual violence alone, because law doesn't favour them. Don't they have any right to live with dignity as other persons do. The law should include a provision which provides relief to such man who have become victim of sexual violence so that it would be easier for them not only to get justice but also to use the medical facilities.

Sexual Violence against Male and India


As stated above, there is no provision under Indian law which could provide relief to man who has become a victim of sexual violence. The Indian Penal Code was drafted when the general view of the society was of patriarchy but as the time has passed, the notion of patriarchy has been challenged from time to time. The concept of patriarchy believes in the heterosexual relationships but this notion has been challenged by Naz Foundation before Delhi High Court and indeed they have become successful in this attempt. Then, why it is not possible to have a provision in India which would provide relief to the victims of male sexual violence. Well, it is not possible for a common man to do that, it should be considered by our law makers.

Our Indian Constitution provided Right to Equality, Right to Life and Personal Liberty which includes Right to Live with dignity, then why it is not possible for a victim of male sexual violence to live with dignity in the society. It would not be correct to say that, males do not become victims of sexual violence in Indian. Indeed, they become and frequently but these incidents do not get reported as other news which keeps these incidents buried. Moreover, these victims hide these incidents from the fear of getting humiliated in the society. They have certain questions in mind " What would society think? that a man has been raped ", and they are not wrong in this regard. Until and unless a step similar to that which has been taken by Naz Foundation takes place, it would not be possible for victims of male sexual violence to get justice.


Blog Link - http://www.cogitasocietatis.blogspot.com/

Facebook Page - http://www.facebook.com/pages/Cogita-Societatis-The-Social-Blog/195915737086694

11 February 2011
News and current affairs

Representation of women in politics has become a very important issue in the recent scenario. It has been argued by several supporters and feminist that there is an urgent need for representation of women in politics. Whether it can be implemented through quota or any other means is altogether a different issue, but what is more important to realize whether there has been a lack of representation of women in politics? The active participation of women in politics can be seen from a long time even before independence eg. Annie Besant,  Sucheta Kriplani, Aruna Asif Ali etc. Although the facts would show that their representation has not been so good and because of this reason, in recent scenario a strong demand has been for their representation through the means of reservation so that it can be assured that a minimum number of women remain present at the place which is considered to be the ruling body of the country. Indian society had been a patriarchal society since its inception where the role of  women was considered to keep themselves in the home i.e. cooking food, taking care of children. In other words, they were indulged in the household work and usually they could not raise their voice even if they want to do so. But as the time passes the situation has also been changed, and the role of women has not remained confined to household work. Instead, they are now present in almost each and every place which were once considered only for men. The laws have also been changed to provide them security and equality at workplace. It can be seen that the ideology of the society which once used to consider women to remain inside their house has now changed and their new role at several places has been appreciated without any opposition. 

But the representation of women in the politics or in other words assemblies has not been changed to a great extent. It can be concluded from the statistics which are present, there were only 23 women in the 1st Lok Sabha and 59 women in the 15th Lok Sabha out of 545 seats which are present in it. The number has increased but in comparison to the total number of seats, number of women present are only around 10 %. Indeed, the decision of government to introduce 108th Amendment Bill to the Indian Constitution which would provide 33% percent reservation for women in Lok Sabha and State assemblies is very matured. It would ensure that certain number of women would be present in these assemblies, which would make the cause of women more strong. There are many women political figures which are known for their contribution to the politics eg. Indira Gandi, Menka Gandhi etc. Moreover, the present head of the ruling UPA government is also as women i.e. Sonia Gandhi. But by introducing the bill, government has ensured that  in politics, there would be sufficient representation of women. Although, government had to face strong opposition from many political leader and in fact these leader tried their best to prevent this bill from getting passed. Soon after the introduction of bill, there was huge blissfulness among several sections of society, specifically women section. They had a sense of relief that now is has been ensured by the government that women would not remain in a position of negligence anymore.

 

But another and very important question indeed is which women would get representation after this amendment? Would they be those women who have been taking part in politics traditionally, those who are from a strong political background or those women who are indeed the true representative of women? These are the question which has to be answered by us. It is indeed a very good step by providing representation to women , but it would remain in vain until and unless those women who actually understands the problems of the women show their active interest in politics. Politics has turned out to be profession for many people, and generation by generation they are following the same practice of politics accompanied by crime, corruption etc. There is a high probability that even after this amendment, those women would take benefit of this who are already from a political background or they would stand for a seat which was previously won by their husband, father-in-law etc. It doesn't mean that those women who are already indulged in politics do not care of the deprived section of women, but after the amendment it has become more important for other women to take part in politics otherwise no productive result could be achieved. It is a well established notion that ' A poor can only understand the needs of other poor ". In the same way, it would be better for a women who belongs to the deprived section to understand the actual needs of other women of her section. It is not possible to understand the needs of such section by travelling in helicopters, AC cars, conference with the official in five star hotels. If it would be handled in this manner, then those who are representing themselves as the leader of women would not be able to understand their needs. Needs varies from section to section and it is very obvious that a women who belongs to upper class or the section which is not deprived would understand the problems of women from viewpoint of her section as she has been observing needs of this section since her birth, and it would be quite hard to imagine that she would be able to think much beyond that.

 

It is the duty not only of the women who belong to the deprived sections to get themselves involved in politics but also the responsibility of other sections to encourage them to do this. They are actually scared from entering into politics, considering it a dirty stuff and they have accepted this notion that whosoever gets elected, the problems would not be solved. Government should also help these women to make themselves political active through various means. Until and unless, women society itself realizes that for their interest, it is necessary to make themselves involved in politics, it would not be possible to address their problem which have been faced by them for a long period of time. They should utilize this opportunity

 

Blog Link - http://www.cogitasocietatis.blogspot.com/

Facebook Page - http://www.facebook.com/pages/Cogita-Societatis-The-Social-Blog/195915737086694

11 February 2011
Student life

hello everybody,

though my hello sounds good, but am very upset at the moment... yesterday, L.L.B 1st term results of campus law center came out and it was utterly shocking! so many bright students who had immense knowledge about the subjects got mediocre marks compared to the students who just crammed dukkies by Dr. A.K Jain and secured wonderful marks.

In fact, i wrote my criminal law-1 exam so very good but got the least marks in it! I even discussed my paper with my lecturer and she was also shocked to the state of affairs existing in DU. Why is this system of checking so dependent on the luck of the students? Why do 2 0r 3 people out of 100 need to become the unfortunate victims?

I don't understand where the problem lies. Shall i focus more on knowledge or cramming dukkies? This is very discouraging.

Do you have anything to say?

11 February 2011
General blogging

     In India Judiciary is the guardian of Our Constitution. Whenever the rights of a people is breached then the Judiciary is the only means where remedy can be sought. We have full faith upon our judiciary and We should be well acquainted with the facts that whenever there is injustice from the other two organs of the Democracy i.e. Legislative and Executive the the Judiciary has provided the proper remedy to the aggrieved individual as well as Society.

 

     With the growing number of  Population and Less number of Judges as per ratio of Population, Our judiciary is overburden and the Judges are under tremendous pressure to accomplish their duty and to give fair Judgment as per Law.

 

     Our Judiciary has to give decisions and pronounce judgment as per codified Law of the Country and on the basis of  best evidence rule. In criminal jurisprudence Prosecution has to prove his case beyond reasonable doubt. Our judiciary follow the maxim  " Let Hundred Guilty be Acquitted but One Innocent should Not be Convicted". And Our Judiciary always gives emphasis to this maxim in a criminal trial before the court, due to this reason conviction rate in India is very low. Under the circumstances we can understand that whenever Our Court Convict one person for a crime, there is total and sufficient evidence against the accused. So, we should respect the decisions of Judiciary. There may be one or two exceptional case but this should not be deemed that Judicial decisions are not correct.

 

     Judiciary is guided by the Law text and not by the emotions. Judiciary do not favour the numbers or bourgeois. Judicial decisions are based on Law and not on Facts or rumours.

 

     A matter which is not morally wrong but Legally may be wrong and under such situation the court has to presume the legality of the matter. It is the Judicial decisions of our Apex court and High Cout which takes the initiative to safeguard the right of the society by Public Interest Litigation. So, it is our utmost duty to respect the Judicial Decisions pronounced by the various Courts of our County. If any party is aggrieved by the decisions of any court then he has the right to appeal against the decision in the Appellate court but publicly such decisions should not be disrespected with mala fide criticism and discussions only for publicity and personal gains.

 

     In the recent time we have witnessed that a trend has come out in the media, especially in the visual media to criticize the judgment of the Court taking advantage of the Privilege given to the media to make fair comment on any issue and also taking advantage of the constitutional guarantee of Freedom of Speech and Expression.

 

    Let's take few examples, First, the Decisions of Binayak Sen's Life imprisonment by the Chattisgrarh High Court for the crime of sedition and subsequent rejection of his bail application by the High Court are being criticised and discussed highly by the  media as most of the intellectual group of people supports Binayak Sen as morally not wrong. Second, in the Priya Darshini Mutto case when Supreme Court of India commuted the death sentence of the accused into life imprisonment then media highly criticized the decision. Third, In the Ruchika Girhotra case, when the accused SPS Rathod was punished for  only One and half years of rigorous imprisonment then the media highly criticized the impugned decision of the court and again when Supreme Court granted conditional bail to the accused Rathod, then the media highly critisised the decision.  Fourth, in the Bhopal Gas tragedy case when the District Court of Bhaopal convicted seven accused for an imprisonment of two years along with fine then the media highly criticized the decision for less quantum of punishment. Fifth, recently in the Arushi Talwar murder case when the Special CBI court framed criminal charge against the parents of Arushi then again media indulged in criticizing the decision of the court. There are innumerable instances of such too much criticisms of Judicial decisions by media.

 

     These acts of frequent and uncensored criticism of the Judicial decisions of the court of the county by the media mainly for their TRP and publicity taking advantage of privilege of fair comment and freedom of press, is in fact degrading and lowering the value of the judiciary before the common man and right thinking people of the society and these in turn causing the loss of faith of the people in the judiciary.

 

     Media and every people should understand that Court does not make laws, court pronounce judgment and give decisions according to the codified law of the Country on the basis of best evidence rule. Laws are made by the Legislatures in the Parliament, so if the media and the people of the Nation are not satisfied with the present codified law of the country then they should pressurize the the Legislatures to amend the laws and to make it more people friendly but the Court can not go beyond the codified law of the Country.

 

     It must be understand and accepted that the Judges give their decision without any pride and prejudice and the Judges are neutral to every one. All the decisions are made according to the written law of County. So, the Judicial Decisions must be respected.

 

Pronoy Kumar Ghose, Advocate

10 February 2011
News and current affairs

Thousands of talented students in India from various places appear in the exam of Civil Services so that they would be able to serve country by getting themselves selected in this exam. Civil Services Exam is considered to be the toughest exam and there are only a few talented persons who clear this prestigious exam. But the incident which has happened in the city of Lucknow has raised many questions. A top police official was caught while cleaning the shoes of the Uttar Pradesh Chief Minister, Ms. Mayawati.

DSP Padam Singh has created a storm in the political arena of the country by this act. It has not only questioned the image of police in the state of Uttar Pradesh but it has also given a chance to opposition parties to take advantage of this incident. The image of state of UP is well know for the statues and parks which have been established by Ms. Mayawati ( Many statues are of Mayawati only :P ). She is well known for her Dalit cause which she has been following since she has joined politics.

But incident like this creates a bad image not only of the police but also of the government which is in power. Police officials are meant to protect the people from any danger which they might get into. Today, a person fears to go to the police station in fear of getting himself into trouble, and in fact it has become a reality in the many parts of the country. Instead of that, they try their best to solve the problems among themselves but that was not purpose for which this department was created.

This kind of incidents only deteriorates the image of officials in the society, but it would be hard to imagine whether it would be possible to stop it in near future. 


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Blog Link - http://www.cogitasocietatis.blogspot.com/

10 February 2011
Student life

Finally the results are out!!!!!Myself been always slow learner and low retention was not expecting any miracles in my tyrst with Law.Before the results were out my friend spread a rumor that if you get more than 2 KT you wont be allowed to appear in next semester.

I was shocked to hear this ,my strategy in exams were always quantitative masala rather than some qualitative .One thing i learned in my YUM BI YEH is that size does matter in whichever field you are, "nuisance has its own value ".

My friend a CS and myself YUM BI YEH got in to law with the thought that jo kuch nahi karta woh law karta hai..(no offence to any bdy).To keep my bachelor status intact i thought law is best option.

Finally results were out online my entire group including myself failed .Ab tension ki how many subjects we failed??My friend said "main life main kabhi fail nahi hua??"

I consoled him " aree yeh toh kuch nahi main engineer studies main 10 kt li thi?"

He asked phir,I replied casually " maine engineering chood di"

He was pissed off !!!!

Finally we both prayed to Almighty " Boss ek ya do KT do(was sounding like parivar niyojan ad ek ya do bus) ?plsss aaj tak kuch nahi manga aur abhi bhi success nahi god aapse failure mang rahe hai??? ab ismain kanjoosi mat karna!!!!!

We were suprised when we saw the results only 1 kt ..Bhagwan ne meri sun li!!!

My friend got KT in labour law..and myself in Contract !!!God was generous to one of my friend usko 3 main lagi but he said koi gal nahi full monty nahi hua ...

....to be continued

 

 

 

 

 

 

10 February 2011
News and current affairs

After spending 12 years of life in a school, everyone has a sense of excitement about the life which would be important in many aspects from choice of career to the mature environment, where there would be no school friends, no study without tension etc. In other words, the period which one would be travelling across would be a period more of seriousness. The new life would be waiting for you with new experiences which you would get throughout that period. The life which I am talking about is the college life which everyone has dreamt of, but would it be necessary that this life which you are dreaming would be better than the life which you were living in for a long period of time. This article basically reflects the life of a student who leaves his house for high education.
Even before entering into this life, you would have to come across certain instances which would sometimes make you feel sad. You would see the emotions of your mother while leaving you in the hostel because it would be very hard for to leave you in a world which is very new to you, and the feeling that how would you manage to live in such a environment. You would remember the food which you used to get at home with the love hidden inside it. Sometimes, it becomes you will cry when you would feel alone. Sometimes, you would think why have you decided to leave your home and studying whatsoever course you would be pursuing at a far place from your home. This is the general feeling which arises when a student enters into a college leaving his home ( Please ignore he/she reference, that is not because of gender bias  lol :P) where he has been grown up since his birth. It might not be true in some cases, but generally a person would come across the same condition at this stage of life. The excitement which one has is sometimes accompanied with the fear of a new place, new people, new lifestyle. Moreover, a fear of being ragged by the seniors keeps a person in a situation of fear, because of some obvious questions i.e., " Would I be able to handle the situation ", " How would I be ragged by the seniors " , " How would be roommate ( in case of double-occupancy room) ? " and certain other questions which cannot be answered before one experience. Instead, the scene of a college life has been represented in various movies such as Munna Bhai and Three idiots. These are the basic questions which keeps haunting ones mind in the period between intermediate and admission into the college. Parents keep on making the list of known person who are present at the city where their lovable child is going to study and to inform them to take care of their child, again with an exchange of some obvious dialogs, " Ab to aap hi hain yaha par ", " dekhte rahega isko, pheli baar akela chod kar jaa rahe hain ". If you have not gone through this stage yet then you would see in case you would be joining a college which is not in you city, and if you have gone through this stage then you must have realized what has been discussed.
But soon the things would change not because you have changed but because you have entered into a new phase of life which is no more new to you and slowly you have also become a part of this phase. But, agaiin you would have to go through the instances sometimes exciting, sometimes tough, sometimes funny. Now you are no more in a school life with your old friends, you have got new friends who were once stranger to you, have become one of the most important part of you life. Now the things which were keeping you in a stage of fear have become a thing of past. Now you have entered into that phase of your life where you would be more focused towards your goal again with certain questions in your life i.e. " What I want to do in my life " , " Why am I studying this ", " Would I be able to achieve my goal ". But you will always miss the period which you have once spent in your schooling, always keep remembering how tensionless that life was without any kind of tension surrounding your mind. But it is also true that the kind of enjoyment which you would have in this period would very unique to you for your whole life. You would realize that life is not easy unless and until you work hard for achieving something and realizing that it is you who has to face this and no one else would be in a situation to help you. There would be instances of embarrassment, sometimes a feeling of restlessness but this all have to be tackled with care. It is possible to make this period as good as you were dreaming but for that you will need to be careful and focused. Sometimes, you would feel that you have become free that you can do whatever you want to do, and because of this factor of freedom you develop in yourself a sense of responsibility which you might not have developed throughout your life. 
Pressure of project submission, attendance shortage would become very common for you. But, this is also the period which can be utilized in a good way to make it productive. In college, you would get to know different people coming from different places, having different culture and sometimes you might feel that it would have been better if you had joined a institution nearby your place where have you come from. There might be a possibility that you would fall in love with someone or you might have found a person which you were waiting for a long period. It is possible that you might get involved in your romance life so deeply that the world around you would be vanished, and trust me this has to be dealt with a lot of care. But, at the end of this period you would realize that you have gone through that phase of life which was filled with joy, pressure, excitement, love, emotions, experiences etc. Those who have already gone through this phase of life would be well aware of these things and those who have not would experience it. Even, I am one of those persons who is going through this phase and trust me it has provided a lot of experience is such a short period. 

09 February 2011
General blogging

     After the arrest of former Telecom minister A.Raja, Central Bureau of Investigation on 08 th day of February, 2011 made another high profile arrest in connection with 2G spectrum Scam. This time the arrested person is from the Corporate world. CBI arrested Shahid Usman Balwa, Director of Mumbai-based "DB Realty" on 08/02/2011 for his alleged obtaining of 2G spectrum licence by malpractices in collusion with former Telecom Minister, A.RAja.

 

     According to a report published on  Indian Express.com Shahid Balwa's DB Realty had acquired Swan Telecon, which bagged 2G spectrum licenses for 13 circles. Within months the Company sold 45% of shares for Rs.4,500 Crore to UAE based ETISALAT. Swan Telecom was later renamed as "Etisalat DB". According to the report CBI has arrested Shahid Balwa for his role in the 2G spectrum scam. He is alleged to be involved in receiving and channelizing money for A.Raja. According to the report the Enforcement Directorate had trailed Rs. 214 crore allegedly routed by Shahid Balwa of  DB Realty to Chennai-based Kalaingar Television, a channel promoted by family members of DMK leader .

 

     It, is well known to every common man that the motive of the Business personal is to earn profit. But the fact  is that on the way to earn maximum profit and to withstand in the competition most of the businessman strives towards malpractices for short cut, easy and rapid success without following the Laws and procedure. Shahid Balwa is an example of such a Corporate personality who without any fear of law and ethics allegedly strives to achieve rapid success  and earn maximum profits by malpractices in collusion with A.RAJA on the way to obtain 2G spectrum license.

 

     For the sake of maintaining Rules of Law and Fair competition in the Corporate World, it is very much necessary to follow the laws, procedures and ethics by the each and every Corporate Entity.

 

     For those in the Corporate World who thinks that money can buy every thing and Law is the puppet of their hand, the arrest of Shahid Balwa is an alarm that no-one is above the Law and Law will take its own course

 

Pronoy Kumar Ghose, Advocate

08 February 2011
News and current affairs

It has been declared by Supreme Court that it would start testing the constitutional validity of section 377 of Indian Penal Code from April 19, 2011. The petition is filed against the decision of Delhi high court legalizing section 377 declaring it as a violative of article 14, 15 and 21 of the Indian Constitution. Section 377 provides provision for the penal against those persons who indulge in the activities of unnatural offences. Going back to the period when Indian Penal Code was drafted by Lord Macaulay in the year 1860, the persons having sex with other persons of same sex were to be punished on the charge of unnatural offence which includes other offences for eg. sodomy. After Independence, the main reason gay sex ( herein, it homosexual relation would be referred as gay sex ) was criticized because they were considered to be a high risk section who can be affected by HIV. But over a period of time, it has been analyzed that gay sex is not the only group which is categorized under high risk group affected by HIV, there are other groups also which are categorized under this category. 
The petitioner in the Delhi High Court, Naz Foundation has been working for the rights of LGBT ( Lesbian, Gay, Bisexual, Trans-gender) . It contended in front of the court that under the cover of section 377, HIV prevention efforts were found to be severely discriminatory by the state. Moreover, this section section is used as a weapon for police abuse, hence violating the fundamental rights which have been granted to them. They. Moreover, they argued that by criminalizing gay, the right to privacy of these citizens have been violated. In fact, they are right in contending that and favouring homsexuals because the section under IPC which was enacted by Lord Macaulay is a clear discrimination against the homosexual groups. Under Indian law, two adults who are indulging in sexual intercourse with consent is legal. Then the section which is present in the IPC is a clear violative of this law and this law should be applied uniformly irrespective of the sexual behaviour. 
Terming it as 'unnatural' seems very absurd because this practice of having sex with the person of same gender has been in the society for centuries. Even in Manusmriti, homosexual behaviour has been provided but it was considered as a minor offence unlike today until the decision was given by the court. Sex is a desire which is aroused inside human towards another person and it is not necessary that the person towards whom the desire has been aroused must be of same sex. By saying them criminals, we are taking away their fundamental rights from them, and it is unjust. These groups are considered as a part of the queer community who are against the very practical notion of the patriarchal society which gives acceptance only to the heterosexual behaviour. They hide their identity from the society because they are not willing to accept it for long period of time and from the fear of getting charged with section 377. But the decision of Delhi High Court has provided this groups a sense of freedom i.e. now they can also mover freely without any fear. In other words, it is a step towards a society which would accept the homosexual behaviour without any discrimination and it is indeed a very good step. 
Soon after the decision of the Delhi High Court, cities like Delhi, Mumbai, Calcutta , Bangalore has become the center for the Gay night life and certain days were specifically nights in the clubs are for LGBT groups. This can be seen as a change in the society from the period when it was not at all accepted, Homosexuals are getting extensive support from many sections of the society. 'Bombay Dost', the first Indian Gay magazine was relaunched by Celina Jaitley. The recent developments are a good sign for the homosexuals and after the decision, they have started revealing their identities a couples which is indeed a very good step. Contention of Naz foundation that this group will remain vulnerable to HIV until and unless this section is removed from the Indian Penal Code holds true, because when Homosexuality is legalized it would be easier for them to access the medical faculties without any fear of showing their identity.
It would be very crucial moment when Supreme Court would decide whether the decision taken by the Delhi High Court is valid or not. We have to wait till then too see the take of Supreme Court on section 377 of Indian Penal Code.

08 February 2011
News and current affairs

The recent news regarding the pron MMS scandal of two JNU students who used to stay at the Co-Ed hostel has left the prestigious institution in shock. A High Resolution video was made while they were making love in the hostel. It has been a great setback on the reputation of the University who has been known for its quality.Well, it has been argued by youth of this country that we are free to do what we want as we have crossed the age of 18 and no one has any kind of right to stop us from doing that. The matter here is not only of the scandal but also of the Co-Ed hostels which are present in various institutions throughout the country. 
It is very hard for someone to think of staying in Co-Ed in Indian Society not because they are not permitted to do so but because it is not yet accepted by the society. And when this kind of scams happens, it gives a chance to the persons who are already against it to protest against the validity of these hostels. It has been the mindset of the society that Co-Ed hostel are morally wrong as it would increase the cases of sex in these hostels. If you are a well aware person, they you can not deny this fact. The point is on what basis are these hostels been created ? It is very nice to be liberal but it doesn't been one can do the activities which considered to be morally wrong. Now, one can argue that morally wrong has no relation with the rights which one person has got after attaining the age of 18. Yes, in fact he is correct by saying that but it everything which is legal not necessarily be accepted by the society. 
Parents think a lot before sending their child to study at a far place. They are afraid of the wrong activities in which their child could get into, and this kind of news would make them more worried. Sex is not the matter in this case, because it is the personal choice of the individuals after attaining the age of 18 because most of you might be thinking of this article being against that. But that is not the case, it is their personal choice and persons above 18 years are considered to be matured enough for taking that decision, although it has also been criticized by the society. But what is the point I want to argue is that what is the need of these kind of hostels ? Don't college have enough space for constructing hostels. That can not be an excuse and these hostels should be avoided, although it is not possible to ban them because it would again be against certain rights. Rights must be accompanied by the responsibility. 
There was a similar issue to this which was made legally by the Bombay High Court i.e. Live-in Relationship, where two persons stay as a couple without being legally married to each other. And I think everyone must be aware as to how this decision was criticized by several persons and although, it has been made legal but the society has not accepted it and it would be hard for them to accept it in near future also. 
Everyone can have his viewpoint over this matter and it would be great if you can express it here. 

07 February 2011
General blogging

Society is place of which all of us are an integral part as it has been formed through us only. The basic aim of creating society is to give everyone a sense of freedom so that other don't have any right to interfere in that circle of rights which every individual holds. But obviously there are some restrictions which have been imposed on each and every person to enjoy his/her freedom i.e. freedom stops where one starts interfering into the rights of other individuals. Moreover, it is a society which helps an individual to develop himself right from his birth which  imposes duty on every individual to respect the basic theme for which the society has been created. There are several mechanisms in the form of law, rules, regulations which makes every person aware not to do certain things due to the fear of getting punished. 
Now, turning to the main point why this blog has been created. It has been created to analyze the deep rooted social problems in our daily life and to reach all of you through this means. As a member of the society, it is our responsibility to keep ourselves involved in the matters relating to the society, because if we would not get involved then there would be a solution to any of the problem which are present in the society. Society distinguishes themselves on the basis of caste, culture, religion, region  etc. and remain alien to those issues pertaining to other sections of the society but why do we forget that society is not formed just with one or two sections, it comprises all the sections which are present or which have their identity. Take for example, a person sitting at Delhi would not be much interested in the issues relating to the Telangana issues but is it possible that he won't be affected? What if protesters block the road in Delhi for this demand and that person missed his interview and losses his job? But most of us do not bother as to what is happening with the society. By society I don't that we should confine ourselves to the Indian society, it also involves the whole world because there are certain matter which are interrelated within each and every country for eg. The recession which started from USA had its impact all over the world making thousands of persons unemployed and making many of them to loose their property. So, by remaining just to yourself is not a solution but it is a factor which enhances the problem.
In India, we say that politicians are corrupt and further say that nothing can be changed in the politics but has a ordinary person who is making such comment tried to look beyond this and tried to find out why it can not be changed. It is evident from the statistics of the election that only half of the population cast their votes and this is the main reason why a eligible and proficient candidate is not able to win the election. When it comes to rights, we take out rallies, protest in front of the ministry to enforce our rights, to stop the discrimination against minorities, women etc., but are we doing the same thing when it comes to the duties which have been mentioned in our Constitution, are we really bother about it ? Then why do we expect from the political system to work in a proficient way. But if you see, the political system is doing well for all those sections from where they get votes because even they know that it won't affect their vote bank if they do not pay much attention to other sections, specifically upper middle class and high society. The issue is not confined to the voting system, it has been rooted in each and every issue of the society. 
Until and unless we become more aware that it is our responsibility as a member of the society to actively participate in the issues which are highly important for the society. Individual benefit is always seen by everyone but don't make yourself confine yourself to that only, keep yourself a part of other issues also. Through this blog, I would try to analyze the issues which of general importance whether it be national, regional, economic etc. Please give your support and get involved. 
Regards, 
Abhinav Shrivastava

06 February 2011
News and current affairs

Just for you, I broke some heart
We had a start, but are now apart
Just for you, I broke some heart
It was never easy, but now feels crazy
Battle is tough, and I feel lazy
Just for you, I broke some heart
Need a start, but am no more smart
People change, but never known changes so fast
Few days back who was first, is now last
Planning my future, reminds me of past
Just for you, I broke some heart
Plans to walk along, may bring you sufferings that'll last long
Release your mourns, and be strong
Neither for you, nor for the new start
I will no more break anyone's heart

06 February 2011
Student life

After sapping my precious time on an insignificant portal like AIM; I spent an entire day brooding about my inadvertent lack of self control. To add up to this trauma I realized it was a mid week crisis i.e. Wednesday. I wanted to yell my frustration out. I was fed up with my online obligations. So while I was vulnerable I saw Aadil (my best friend) and Shiffa (my cousin) barging in. I was in no mood of any offline interaction so I ignored both of them.



But ignoring them was of no recourse as they were right on my face. I knew they were up to something and I was ready for it. “We are going to Malana,” Aadil clamored with a sinister smile. For the first time in my life I had heard something spontaneous and fun from him.



I wanted to be a part of this trip but I was a bit uncertain. I was grounded for not paying the electricity bill. Like can anyone comprehend this intricate stuff? You get your thing busted in a law college for five months and when you are back to your place for an escape; you realize you can get grounded for not paying an electricity bill. Wow! I just love my parents. They always have something new in store for me.



I did my first part time job when I was in 8th grade. I pushed myself into 2 part time jobs when I was in 11th, so I know how things are done. Sadly I was going through a stark financial crisis. I did a bit of negotiation with Aadil and Shiffa who agreed on inviting me on an all expense paid trip to the ‘Oldest democracy of the world- Malana’, also famous for its ‘Malana Cream.'


                        


The trip started right from Shimla where we had a friend Ramit waiting for us. The only reason for taking Ramit along was that no person can enter Malana village without being invited by someone from the village itself (Malana is a very conservative village) and Ramit had his roots in Malana. Off-course you can get to the village without the invitation formality; through the tour agencies but then you will not be able to experience the real thing.




Malana village is situated 2652m above sea level and is a tiny hamlet which has been in long isolation until it was discovered by the foreigners. Since Malana is an isolated place the best option is to avail private transportation while travelling to the village of Malana. We opted for taxi from Manali. The trek starts at Kasol, and initially it's an easy ascent, but by the time one reaches Rashol (which is a bit higher) the tiredness sets in. So take my advice start early and you can reach the place in just 3 hours.



As we were about to enter the village Ramit told us not to touch any wall or stone or even spitting as we could get ourselves fined up to 1000 bucks. He also advised us not to talk to any villager to avoid any trouble as there was no police station or the cops in the village. So it was comprehended to me since I didn’t want to get myself into hot waters. 



With the first glimpse that I got of the village I said to myself 
“yaaaaaaaaar yeh kya hai?”(dude what’s this?). I mean it was so captivating, like it was pure, clean and so beautiful. There was a chill in the breeze and it felt like I was sitting in an AC in the month of July. Now I realize why this village is attracting backpackers from around the globe.


    


Luckily we met Ramit’s uncle who played his perfect part as a story teller. He told us that the entire land of the village is in the name of the local deity, Jamlu Devta. I also came to know the reason why this village is known as the oldest democracy of the world. It  has an impeccable system of administration with a higher and lower court guided by the spirit of village God Jamlu. Malana stands out as an autonomous self-sufficient unit whose inhabitants claim Greek ancestry, (I was dumbstrucked- Himalaya main Greek ancestry?). These guys have their own upper house known as Jayeshthang and lower house known as Kanishthang. Impressive, isn’t it? The village is practically immune from Indian laws, police or any central or state governing body. 



     


The village has a very secretive thing to it and it’s a unique culture just makes it different from other hotspots of the country: that too without being given any publicity.


What makes me sad is that the village is not known for being the oldest democracy of the world or for it's cultural heritage but for being nothing more than a drug production facility. Which I feel is not true as the people there have moved on and are trying to find alternate career options (so to say) like growing cash crops and it is commendable because the people in the village had never-ever grown anything legal till now. But what’s really hard to change is the image that the world has of this village.



We had the total stay of about 3 days in the village and I had some really wonderful time with Greek descendants (he-he); heard some amazing stories. I wanted to write more but as you can see the blog is way too long so I need to conclude but before I conclude I gotta say: 'I love you Malana and I will be back next June'.




P.S.


Whenever you plan out a trip to Malana avoid being too effusive and shaking hands with the villagers as you can get yourself fined up to 1000 bucks. Also maintain a group of at least 10 people, as there had been cases of travelers going missing in the valley. In our case we had Ramit who is from the village itself, so it was cool with us. Also do not forget to bring good resolution cameras along, because if you don’t you will regret leaving Malana without good clicks.






scarecrow



Read: 'Bee Ye- Yell Yell Bee- Story of A God Forsaken Girl'