Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, January 14, 2022

Sexual Autonomy

 Sexual Autonomy

A woman is like a book – alluring cover page, prodding prologue, comforting contents, chivalrous chapters, euphoric epilogue and a banging back blurb. What she needs is a ‘voracious’ reader

By Mukesh Sharma

Right of self-government, autonomy, sovereignty etc. are the high-pitched words from the dictionary of politics. What amuses this blogger is the recently coined phrase “sexual autonomy” by the Hon’ble ‘milords’ of one of the High Courts.

 

As usual, reacting to the ‘prolific’ petition, Sir Oracle has made a reasoned observation that the brazen violation of sacrosanct sexual autonomy of women even within so-called wedlock is tantamount to ‘marital rape’ and the victim has all the rights to sue her duly wedded husband for the cognizable offense – demanding unquestioning obedience from the wife is a crime. Surprisingly enough, equating a wife with a sex worker, yet another High Court remarks: “can a wife be put on a lower pedestal than a sex worker who has the right to say no at any stage.”

 

Surrendered Sexual Autonomy

Though this blogger’s, comparatively, poor intellect is no match to grandiloquent rhetorical reasons of Your Lordship which are often couched in long sententious sentences legally punctuated usually beyond the comprehension of an ordinary soul, this writer seeks to make a humble submission with all the due respect and reverence.

 

Are men and women really able to have full control or have “sexual autonomy” on the territory of their respective bodies, once they are sexually charged, once they are aroused, and once all the erogenous zone are activated?

 

Are the terrestrial territory and sexual territory not poles apart? As is obvious that the former can be guarded with gun-toting guys – encroachers, intruders or aliens without valid ‘Visa and Passport’ are never welcome. And latter, on the contrary, is pretentiously protected during daylight with the clothes on, sanctions of society, and fear of law. However in the event of availability of risk-free ‘opportunity even a ‘gate crasher’ is welcomed. Sexual autonomy is too weak to ward off any ‘attack’ by saucy seducer or seductress. With a healthy sexual appetite, all men and women are naked and afraid of love till the arrival of the ‘opportune time.’

 

TOI editorial dated 15.1.2022

As far as man’s sexual autonomy is concerned, he doesn’t like to guard it. Even proverbial rishi Vishwamitra would love to lose it (sexual autonomy) for a killer Maneka. Though the man shrewdly pretends to guard it with tacit complicity, particularly, where there is no opportunity to let any intruder (woman) violate it, once there is an opportunity he throws open all the gates of sexual territory for a seductress selectively. Opportunity gives rise to thoughts, thoughts give rise to desires, and desires lead to action. Most men/women are saints by daylight and Satan in the dark.

 

Interestingly enough, even the security of the sexual territory of women is not foolproof. The border is porous. The boundary wall is low. Moreover, she too doesn’t like to guard it fully. After the age of consent, she is also ready to open all the portals for a deserving suitor.

A woman is like a book – an alluring cover page, prodding prologue, comforting contents, chivalrous chapters, euphoric epilogue, and a banging back blurb. What she needs is a ‘voracious’ reader.

 

The coy, calm, comfortable, and civilized woman may turn out to be the most clamorous and clumsy on the bed. Once aroused, she wants to engulf man like a hydra. A volcano is silenced only after the lava is split out. Most of the manly men are dejectedly defeated by the ‘she-devil’ on the bed. The ocean can’t be covered with a bedsheet. The gravitational pull of the black hole is so intense that the poor man like a midget is sucked into the vast whirlpool – it’s like a free fall from space. Even death can’t deter him. Once the moonwalk is over, a man falls on the earth.

 

A man is welcomed, like a long-awaited guest into the ‘castle’ during the moment of Elysian action – a divine bliss of heaven. As soon as ‘ammunition’ is exhausted and guns are dismounted, man is forced to dispose the courted ‘castle’. And the sexual autonomy is ruefully restored.

 

Furthermore, marriage is nothing but a celebration of coitus. The institution of marriage is popular for, it provides maximum opportunities to have sex with minimum fear. Sex is a natural necessary act between man and woman where both enjoy heavenly pleasure, where a taker is a giver and a giver is a taker, and where the unbridled consent flows freely in favorable circumstances and situations when two adults with dying ‘hunger’ fling on the bed.

 

To be honest, this blogger has intuitive apprehension that a fair trial can be conducted by Your Lordship in this intricate matter of SEX  – all know it, feel it, experience it generation after generation but none can claim to have mastered it –  a divine providence -  nature may be the creation of God but sex essentially is its driving force.

Sunday, September 20, 2020

Netas Abuse the System


Systematic Abuse of the System

Everything is hunky-dory. India belongs to people of India. But the naked reality is netas control the life of the common man by abusing the system systematically

By Mukesh Sharma

What is law? Professionally, law can be described as ‘perfection of reasons’. Any act against the law is a violation and that attracts the penalty/punishment. And the corpus of law creates the system where equality before the law is suggested; nobody is above the law; law takes its own course; there is rule of law in the country. However, it’s all book/table talk. On the ground, the system created by the law is ‘lawfully’ abused by the political dispensation so called government  -  the wily netas who are at the helm of affairs, have enough leeway to tweak and twist the system to serve their own interest and narrow ends. Resigned to fate, the common man who has no say in the system, accepts it out of no option.

All the human acts which fall under any category of crime from Section 1 to 511 as defined and described in Indian Penal Code (IPC) 1860 postulated and penned down by the genius Thomas Babington Macaulay, constitute the crime  - cognizable or non cognizable. It is known as Substantive Law. Further, how State can proceed against an act of crime, has been spelled out in Criminal Procedure Code ( Cr Pc). It’s called Adjective Law. What constitutes evidence against an act of crime which is acceptable in the court of law, is given in Evidence Act. Further the judgment passed by the Appellate Courts - High Courts and Supreme Court in any case, sets a precedent and becomes an Established Law creating a binding on Lower Courts too. The genius lies in manufacturing reasons. The inability to think beyond the reasons makes one accept it as his/her destiny. Nothing rules the human psyche like the reasons.

Netas Abuse the System

In the name of the system, hydra-headed government also has scores of ‘hands’ like proverbial Ravana; it can reach to any ‘target’ however far it is. Each hand is vested with purposeful special powers to perform the ‘lawful duties’ -  Local Police, Crime Branch, Economic Offence Wing(EOW), Enforcement Directorate ( ED), National Investigation Agency ( NIA), Narcotics Control Bureau (NCB), Income Tax, Directorate of Revenue Intelligence (DRI) etc. Netas can ‘amputate’ or ‘attach' the hands. These long "hands’ have the expertise in manufacturing the reasons to nail down their 'target' with all impunity – no punishment if the ‘target’ is wrongfully arrested, implicated or framed. By the time the hon’ble Court reaches to the conclusion that the ‘target’ is not guilty, the life of an innocent is already devastated and doomed beyond ‘repair’. Moreover, only netas  in government have powers to nominate or remove the ‘head’ of each ‘hand’ and these ‘hands’ act as puppets in the hands of netas. The cases to prove the veracity of these facts are numerous.

Obviously, no crime can occur and flourish without the direct or indirect support of the long ‘hand’. It is like a case where a young man and a woman are allowed to have ‘romance’. Even when a child is born, long ‘hand’ looks the other way round. However, if the ‘relationship’ is exposed by the media, of course, with some vested interest, long ‘hand’ turns ‘duteous’ overnight –  child is rated as illegitimate. The poor man is charged with rape; the woman is sent to naarineketan for further chastisement. Here, the system is FIR first investigation later; hang the accused first and hear him later. It’s a fact that the criminal justice system prevalent in India which is, allegedly, coercive and suppressive and propagated by the Britisher with ulterior motive for their subjects (Indians).

The next indispensable part of the system, the overburdened and understaffed judiciary is allegedly in shamble. At lower Courts cases drag on for years. Justice delayed is justice denied. Netas can get the gates of SC/HC opened even in the dead of night where this ‘sanctum sanatorium is, unofficially, beyond the reach of the common man. At district level judges are appointed through competitive exams, but they are promoted to HC/SC through a so-called collegiums comprised of senior judges and netas – people contend that it’s difficult to believe that it is free from all kinds of bias and prejudices.

 Political parties are the necessary evil in so-called democracy; the most of such parties are headed by a loud-mouthed and rough spoken neta so called ‘president; the party is run like a private company where baton is passed on to the legal heir of the president – all family business. Steeped in corruption, these parties amass wealth through unquestioned and unexamined tax free ‘donations’ in the multiple of 20k and through undisclosed multiple sources. When in power, big companies and even nationalized banks give ‘donations’ to the NGOs, run by the political parties’ family members. Each has hundreds of crore in its coffer to organize and play the ‘game’. Plethora of political parties, evidently, have marred the democracy. Since there is no free vote, the legislative members of these political parties in Lok Sabha/Rajya Sabha and State Assembly act like ‘gangs’ – follow whips and party line – no debate or discussion – a roadside like row can be witnessed in the temple of democracy. Better to call these parties as the ‘pall bearer of democracy’.

The media which is eulogized as the Fourth Estate is partisan. The most of the newspapers/TV channels side with one or other political party according to their vested interest; they are no longer surrogate of public opinion; they are the mouthpiece of netas only. They bark and bray for their favourite neta/pol party only. Even if they expose something, they do so with a specific purpose/motive - bring discredit to opponents of their ‘god father’.

Education system based on format and rote learning is also controlled by the netas. Scratch any private institution, one would find a neta underneath. Right from school to college and professional courses, it is all a lucrative business. The way the private universities have mushroomed over the years authenticates the fact. It is alleged that degrees are up for grab for a price.

The ever struggling and squirming, the hapless student community always remains at receiving end. According to NCRB data, over 10,000 students committed suicide last year – average 28 lives are lost each day. Students allege a lucky few who have well wishers at high places manage to get into government services, and the rest end up being a ‘fodder’ for private companies  - no appointment letters, just offer letter, 12 -14 hours work and no other benefits – well ‘managed’ authorities sleep comfortably on the complaint if  a harassed one dares to make complaint. That is why the meritorious students, who have resources, wish to settle in US/UK/Canada  – brain drain is rampant.

Just 15-20 giant business houses hold the strings of economy of India – GDP, Share market, fall and rise of economy – majority of people are not in the loop; unofficially over 60 per cent populace is below the poverty line struggling for their daily bread. The false promises by the netas for potable water, roads, toilet, modest house, loan, loan waiver and other petty sops –  all bare necessities make the wily netas win election after election with no change in the plight of the unblessed masses. It is argued that if India has Rs. 100 out of which Rs 80 are with 20 percent people, and Rs 20 are with 80 percent populace – root cause of crime in India.  

The banks too are important part of the system. Its open secret that all big banks advance loan with many ‘concession’ to big names only.  A common man cannot get a loan of few lakhs without good ‘understanding’ with the manager.

Except a few exceptions, medical facilities are worst, particularly, in government run hospital. It is alleged that with job security and no accountability, government servants behave as if they are master of public; they are scared of the netas only. The poor populace is always taken for a ride. Medicines are prescribed on the basis of ‘rational therapy’ – no negligence case. Medicines are sold over the counters. Big pharmaceuticals companies mint money. They can ‘manage’ any ‘authority’ with the ‘cuts’ at different levels. In this corona time several cases of malpractices/medical crimes have been exposed accidentally and reported. But who cares. Game goes on and on , allegedly, with the 'blessings' of netas.

Under the system, it is not easy to start a business unless one has political and social clouts. If one dares to start, one must learn how to ‘manage’ and ‘feed’ the ‘predators’ – Police, local Municipalities, Electricity department, Income tax, etc,. For each Rs 100 earning, one has to cough up Rs 60 and be content with Rs. 40 only. It is systematic ‘official’ loot.

There is no effective grievance redressal mechanism. The most of the vet departments have outsourced it to ‘BPOs’. The complaint of a complainant is usually forwarded to the same official/ department against whom one has complaint. The official concerned / department concerned files its explanations, and the copy of that is forwarded to complainant and chapter is closed for good. One keeps banging against the wall.

Everything is hunky-dory. India belongs to people of India. But the naked reality is netas control the life of the common man by abusing the system.

Monday, February 24, 2020

The Secret of America Power and Prosperity


The Secret of America's Power and Prosperity

America seems to have redefined democracy after the great Abrahim Lincoln -  government of duteous people, by the duteous people for the duteous people. None can beat a country where each citizen earns one’s rights on the basis of the performance of one’s duties

By Mukesh Sharma

Man is a creature of society; he can’t live without a society; he is born to believe; he is raised to observe the customs of society. Even kings and queens follow the customs. As an indispensable part of the society, each man has well-defined duties and rights also. In fact, duties lay the foundation of a society, and rights give it a structural stability. Further, harmony between duties and rights bring progress and prosperity in the society. And a strong society gives rise to a strong nation. The secret of America's prosperity and power lies in its well ordered and well-disciplined society where the people prefer duties to rights; duties are given more importance than rights. And in turn, the system ensures and safeguards the inalienable rights of its each citizen.



Right from Hon’ble President of America to a nonentity peon all perform their duties rather religiously, no compromise in the performance of duties. Be it in government or in opposition, each Hon’ble members  of  American parliament enjoys free votes and  just think of his/her country only. They collectively mull how more and more wealth can be earned for the country and how it can be used to maintain the supremacy in the world, how it can be used on welfare of the American populace. They perform their duties honestly. In contrast, unruly and uproarious scenes can be witnessed in the Indian parliament where political parties seem to indulge in gang-fight for their narrow  ends.

Though America is a capitalist country, rights of the employees are protected by the authorities like anything. Companies offer what they claim – best possible products and services at best possible prices. So the best food, best clothes and best houses that entails the best life, are within the easy reach of the common man of America. Even business class has strong sense of duty towards country and the people. But in India, anyone with social and political clout can swindle banks and hustle the common man  – Nirav Modi, Vijay Malaya, Ponji Scheme etc and  many big names in real estate business are in jail.

In America, with zero tolerance on corruption entire government machinery including the wet-departments perform their assigned duties honestly  - no favoritism, no preferential treatment, no prejudice or biases. The work is done as per the very well defined law purely on the basis of merit. In the other hand, in India, everything has a price-tag.

What is noteworthy, it is not only people in government services or in private business, even the common American is very well aware of his or her duties towards an individual, society and the country. Each respects law. Each observes rules. He or she can’t think of violating any rules or law even in his or her wildest dream -  no cop on the road but no violation of any traffic rule -strict lane driving; the pedestrians are duteously given the first right on the road. If a man on foot wishes to cross the road in local residential areas, motorists would pull up their cars and wait for the passes-by to cross the road.

Irrespectively of their place or position wherever they are  people never shirk their duties. And the system protects their rights. People at large do understand that non-performance of duties brings chaos; unearned rights bring doom. The sense of duty must not be enforced, it must come from within. In the light of justice, each object of duty is followed by the shadow of right. One must do something to get something. - no pain, no gain.

America seems to have redefined democracy after the great Abrahim Lincoln  -  government of duteous people, by the duteous people for the duteous people. None can beat a country where each citizen earns one’s right on the basis of the performance of one’s duty. And this is the secret of America’s power and prosperity.

Tuesday, October 16, 2018

Self-employed youth – the victims of Justice

Self-employed youth – the victims of Justice
By Mukesh Sharma




It is a fact that only elite political class has been enjoying life in Indian democracy, loaded heavily in favour of netas. Irrespective of caste creed or religion, the most of Indians believe that India is country of the netas, by the netas and for the netas.

While the netas live a king’s life, the poor people wriggle through the devouring problems all the life. Resigned to fate, the people remain at the mercy of some divine providence or the netas.

With all prerogatives and privileges, the netas celebrate Independence day and Republic day with the usual euphoria and exactitude every year. And the fooled people watch all the celebrations on TV channels with the sense of helplessness.

The system is such that once a glib-tongue and street-smart person gets in the politics, and manages to become an MLA or MP, he or she becomes law unto himself or herself. The proverbial long hands of law think ten times before reaching out to these netas even if they are found complicit in some crime. The people contend that these demi-gods are above the law.

On the other hand, the hapless common man who has been struggling from dawn to dusk for his survival for the ages, is a favourite whipping boy. Even the lowest rung government official can kick his ass just for kicks. What is more, this confused common man often falls prey to so-called JUSTICE.

The classic example is the ongoing sealing drive by MCD in Delhi under so-called Supreme Court Monitoring Committee. The properties of innocent self-employed people who have even paid the conversion charges and parking charges against their properties in order to carry out commercial activities for their livelihood, are being targeted and sealed arbitrarily without any notice.

True to their element, the netas of all the political parties are trying to use the predicament of the businessmen to their political advantage. Mud-slinging, slanging match and buck-passing have become the part of debate. While the netas are busy in their squabble, sealing is going on day after day. If the government cannot provide the employment, it has no business to deprive the people of self-employment.

      Over the years, the coaching Institute Business across India has become a giant industry with annual turn-over in thousands of crores, providing direct and indirect employment to thousands of teaching and non-teaching  youths.

Among the famous places for the coaching centres, Mukherji Nagar in north- west Delhi has a distinctive reputation. It is the favourite destination for government job-seekers. The students from all the parts of India throng this place with their cherished dream.

But to the utter surprise of student community at large, the renowned Mukherji Nagar and GTB Nagar stand rather ravaged today in the wake of rampant sealing drive. Hoardings, signboards and bill boards have been pulled down. Furniture and fixtures have been removed from the premises to ward off sealing drive. Obviously, it has put a big question mark not only on the future of self-employed teachers but also on the dreams of hundreds of students.

Dejected and disenchanted these hordes of self-employed people contend that much touted ‘start-up’ India is just a political gimmick. “At Davos, our Hon’ble PM Modi lays a red carpet for the foreign companies and business tycoons” says  a teacher ruefully. “And here in India Modi’s men are pulling the rug of  the feet of thousand of self-employed youth”. “BJP is a party of talk talks and talk claims. And those who talk by yard, act by inches, deserve to be kicked  by foot” says a student spitefully.

Evidently enough, the self-employed youth of India, who are already overburdened with the propounded GST, Income Tax, Property Tax, Conversion charges, Parking charges and  ever running high commercial electricity bill besides the alleged monthly extortion by the local authorities, are  VICTIM OF ‘JUSTICE’



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