Hey there , This idiosyncratic collection of facts is all about the informations that really matters regarding world, law, politics ,lifestyle in depth and my occasional peculiar opinions.
Thursday, July 30, 2020
What are the True Sources of The Constitution of India ?
Wednesday, July 29, 2020
Crux of New Education Policy 2020
Tuesday, July 28, 2020
Anti-Defection Law: Is it time for Reconsideration?
- It aimed at limiting the size of the Council of Ministers to debar defectors from holding public offices, and to strengthen the anti-defection law.
- Earlier, a defection by one-third of the elected members of a political party was considered a ‘merger’. The amendment changed it to at least two-thirds.
- Against the true spirit of representative democracy: The anti-defection law seeks to provide a stable government by ensuring the legislators do not switch sides.
- However, this law also enforces a restriction on legislators from voting in line with their conscience, judgement and interests of his electorate.
- In short, if legislators are not able to vote on laws independently, they would not act as an effective check on the government.
- The Anti-Defection Law, in effect, dilutes the separation of powers between the Executive and the Legislature – and centralizes power in the hands of the executives.
- However, there are many instances when presiding officers play a part with the vested interests of a political party/government in power.
- Also, the law does not specify a time period for the Presiding Officer to decide on a disqualification plea.
- The decision thus is sometimes based on the whims and fancies of the presiding officer.
- In this way, it does not make a differentiation between dissent and defection and weaken the Parliamentary deliberations on any law.
- Also, his choice as the sole arbiter in the matter violates an essential attribute of the basic feature.
- Thus, the need for an independent authority to deal with the cases of defection.
- Thus, the parties should listen to the opinions of the members and have discussions on the same. This would give the freedom of speech and expression to its members and promote inner-party democracy.
Monday, July 27, 2020
Why is Assam in News every year for Floods?
The recent flood in Assam has led to heavy casualties, displacement of peoples and animals and destruction of property and environment.
It has also led to inundation of 80% of the area of Kaziranga National Park.
Reason behind Floods:
1. Ill-maintained or poorly constructed river embankments are the main reason behind the flooding.
- One major feature of flood management in Assam is total dependence on embankments.
- Assam began constructing embankments in the 1960s and most of them have outlived their utility. Many of these started breaching or collapsing from the 1990s, more seriously from the 2000s.
2. Massive deforestation in catchment areas of rivers or release of waters by dams upstream.
3. Climate change is also a factor behind floods.
Floods in Kaziranga’s Ecosystem:
1. Experts believe that floods are necessary for Kaziranga by virtue of its riverine ecosystem. The system won’t survive without water.
- Kaziranga National Park and Tiger Reserve (KNPTR) is sandwiched between the Brahmaputra river and the Karbi Anglong Hills. The entire area is formed by alluvial deposits from the Brahmaputra and its tributaries.
2. The regenerative nature of floods helps replenish Kaziranga’s water bodies and maintain its landscape, which is a mix of wetlands, grasslands and semi-evergreen deciduous forests.
3. The floodwaters function as a breeding ground for fish, which are carried away by the receding waters into the Brahmaputra. i.e the Kaziranga’s floods replenishes the Brahmaputra’s stock of fish.
4. The waters also help get rid of unwanted plants such as water hyacinth which collect in huge masses in the landscape.
Issues Involved:
1. Frequent Floods: Earlier, a big flood would come once in ten years, now they come every other year.
2. NH-37: When the flood water hits a certain level, the animal moves towards safer, higher ground in the Karbi Anglong hills. However, they have to cross NH-37 which cuts across the park, which leads to the killing of animals in road accidents.
3. Animals are also killed by poachers who take advantage of their vulnerability.
4. Human-animal Conflict: Animals also move towards villages in floods, this leads to human-animal conflict.
Steps taken during Floods:
1. The authorities keep a track of updates from the Central Water Commission, and monitor water levels of the Brahmaputra tributaries upstream in Arunachal Pradesh.
2. Camps are organised to create awareness against poaching and harming wild animals that are rendered vulnerable during the floods.”
3. When the floods hit, Section 144 of CrPC is imposed along NH-37, speed limits are enforced and fines levied. Barricades are also placed to help animals cross over to Karbi Anglong.
Way Forward
1. In the absence of long-term alternatives, the government has to invest in strong, durable embankments to ensure that the situation does not deteriorate every year.
2. Kaziranga, with its rich grassland habitats, has a primary role to play in supporting the wildlife populations.
3. Emphasis needs to be put on securing animal corridors and ensuring a safe passage to the Karbi hills.
4. Need for a landscape-scale conservation approach that recognises the value of the Karbi Anglong hills.
- The highlands of Karbi Anglong, where the animals take refuge, are the lifeline of the park during the floods.
Sunday, July 26, 2020
Imprisonment, or a Demotion to a life of an animal ?
PRISON
REFORMS: A RAY OF HOPE IN DARKNESS
“It
is not the prisoners that need reformation. It is the prisons.”
― Oscar Wilde”
1.
INTRODUCTION
The
world celebrates Prisoners Justice Day on Aug. 10 to give message that even
life of a prisoner matters & deserves justice in every form, But the
reality is very different by what we see from outside world. These prisoners
have nothing to celebrate. Conditions in which they are living is inhuman. Here
in India, Prison is a state subject and every state have liberty & freedom
to make changes in the law. They can make laws on their own and implement them,
so sometimes it leads us to more complex situations. It’s very difficult in
country like India to look in issues of prison reforms. The one who are making
laws in our country are usually interested in the issue of the class which is
voting, which results in total ignorance of problems of the prisoners as their
right to vote is also taken away with their freedom as they enter jail.
All
men are born equal and are endowed by their creator with some basic rights.
These rights are mainly right to life and liberty, but if any person doesn't
comply with ethics of the society then that person is deprived of these rights
with proper punishment. human rights advocates say the state of
Indian prisons needs to come into focus again. Most Indian jails fail to meet
the minimum United Nations standards for such facilities, including inadequate
amounts of food, poor nutrition, and unsanitary conditions.
2. BACKGROUND
The
object of punishment during Hindu and Mughal period in India was to deter
offenders from repeating crime. The prisoners were ill-treated, tortured and subjected
to most inhuman treatment. They were kept under strict control and supervision.
During
British rule, they introduced radical changes in the existing prison system. Adequate
steps were also taken to eradicate corruption among the prisons staff. Conditions
of Prisoners were harsher than animals in India and prisoners were treated with
hatred.
There
was no uniform civil code to give punishments. But in year 1835, some major
refofrmation arose. The second enquiry committee in 1862 expressed concern for
the unhygienic conditions in jails, it emphasized the need for proper food and
clothing for the prison inmates and medical treatment of ailing prisoners.
International
Covenant on Civil and Political Rights
Article
10 of the International Covenant on Civil and Political Rights provides that
any person deprived of their liberty shall be treated with humanity and dignity.
The article imposes a requirement of separation of prisoners in pre-trial
detention from those already convicted of crimes, as well as a specific
obligation to separate accused juvenile prisoners from adults and bring them
before trial speedily. The article complements article 7 of the Covenant, which
bans torture or other cruel, inhumane or degrading treatment, by guaranteeing
those deprived of their liberty with the same conditions as that set for free
persons
UN
Standard Minimum Rules for the Treatment of Prisoners
The
United Nations Standard Minimum Rules for the Treatment of Prisoners came into
force in 1955. The standards set out by the UN are not legally binding but
offer guidelines in international and municipal law with respect to any person
held in any form of custody. They are generally regarded as being good
principle and practice for the management of custodial facilities. It
sets out guidelines for prisoners under sentence which further includes
treatment, classification and individualization, privileges, work, educations
and recreations, and social relations and after-care.
b. Legislation
in India
The
Prisons Act, 1894 is the only consolidated framework with
regards to jail management and administration which operates across all parts
of India. This is an antediluvian act which operates without any amends to it.
This act, however, failed to resolve certain issues. The loopholes in the act
were subsequently addressed in the report of the Indian Jail Committee
1919-1920 pertaining to the rehabilitation and reformation of offenders, which
were recognized to be as the key objective of prison administrator.
Other The important statutes of the Prison laws
in India are as follows –
·
The Prisons Act, 1894
·
The Prisons Act, 1900
·
The Identification of Prisoners Act,
1920
·
The Transfer of Prisoners Act, 1950
·
The Representation of People Act,
1951
·
The Prisoners (Attendance in courts)
Act, 1955
·
The Probation of Offenders Act, 1958
·
The Mental Health Act, 1987
·
The Juvenile Justice (care &
Protection) Act, 2000
·
The Repatriation of Prisoners Act,
2003
·
Model Prison Manual, 2016
PROOF OF THE CLAIM
According
to the Prison Statistics India 2015 report by the National Crime Records Bureau
(NCRB), India’s prisons are overcrowded with an occupancy ratio of 14% more
than the capacity. More than two-thirds of the inmates are undertrials.
Chhattisgarh and Delhi are among the top three in the list with an occupancy
ratio of more than double the capacity. The prisons are overcrowded by 77.9% in
Meghalaya, by 68.8% in Uttar Pradesh and by 39.8% in Madhya Pradesh. In
absolute numbers, UP had the highest number of undertrials (62,669), followed
by Bihar (23,424) and Maharashtra (21,667). In Bihar, 82% of prisoners were
undertrials, the highest among states.
Here
in India, Prisons have very serious health implications. There are some
prisoners who are suffering from various diseases before entering to the prison
or they get effected after coming in the prison. Hence there is no healthy
atmosphere in the prison. It is overcrowded, there is no fresh air, absence of
proper and nutritious food etc. Imprisonment disrupts relationships and weakens
social cohesion, since the maintenance of such cohesion is based on long-term
relationships. The size of the pre-trial prisoners is higher than that of the
convicted prisoner. Pre-trial detention period is the most open period for the
abuse of criminal justice process. Although pre-trial detainees should be
presumed innocent until found guilty by a court of law, and treated as such,
conditions in pre-trial detention are often much worse than those of prisons for
convicted prisoners. Recently Supreme Court panel recommends
several prison reforms that free calls should be allowed to their families,
modern cooking technique should be implemented and video conferencing should be
used in trials.
The
Supreme Court, in its landmark decision in Ramamurthy v. State of
Karnataka (1997)
identified nine major problems which needed
immediate attention for implementing prison reforms:
·
Overcrowding
· Delay
in trial
· Torture
and ill treatment
· Neglect
of health and hygiene
· Insufficient
food and inadequate clothing
· Deficiency
in communication
·
Management of open prisons
Few
more important cases are:
Charles
Sobaraj v. Supdt Central Jail Tihar
The
Hon’ble Supreme Court held that imprisonment does not spell farewell to
fundamental rights although by a realistic re-appraisal, courts will refuse to recognize
the full panoply of rights enjoyed by the free citizens.
The
Supreme Court held that right to life is one of the basic human rights,
guaranteed to every person by Article 21 and not even the State has authority
to violate it. A prisoner does not cease to be a human being even when lodged
in jail; he continues to enjoy all his fundamental rights including the right
to life
Prison system has granted a mission to reform
the convicts and take them back to the society. An ideal prison must provide
adequate work, vocational training, and basic educational facilities as well as
medical and recreational facilities. In India, prison reforms did not emerge
out of the social movement but were necessarily an outcome of the worst
conditions of treatment faced by the political sufferers in prisons during the
period of their imprisonment. The India Judiciary has played a
vital role for the improvement of the Prison system in the past and hopefully
would help in future also. Recently a good news came where many jails including
Tihar of Delhi released thousands of prisoners due to concern of spread of
virus in old aged prisoners in jail. It can be said that it is
just the beginning of a long journey as well as a small step towards better
prison system
In conclusion it must not be overlooked that the issue of prison administration and reformation of prisoners is just a piece of the bigger picture of social recovery. The jail organization alone can’t effectively reform the prisoners. It can just try its modest endeavors to set right the prisoners; however, endeavors will succeed only when our economics, education, social institution and values are appropriately coordinated into a cogent and congenial whole in view of the learning of the human establishment.
BIBLIOGRAPHY
https://thewire.in/uncategorised/india-prison-conditions
https://www.newslaundry.com/2020/03/31/whats-india-doing-to-keep-its-prisoners-safe-from-coronavirus
https://blog.ipleaders.in/legal-backdrop-prison-reforms/
http://www.legalserviceindia.com/article/l174-Prison-Reforms-In-Indian-Prison-System.html
https://shodhganga.inflibnet.ac.in/bitstream/10603/149011/15/15_chapter%207.pdf
http://www.penacclaims.com/wp-content/uploads/2018/08/Rishabh-Bhargava.pdf
https://en.wikipedia.org/wiki/Prisoners%27_rights_in_international_law
Ramamurthy v. State of Karnataka (1997) 2 SCC 642
Charles Sobaraj v. Supdt Central Jail Tihar, AIR
1978 SC 1514
State of Andhra Pradesh v. ChallaRamkrishna Reddy, AIR 2000 SC 2083
The Constitution of India,1950
Saturday, July 25, 2020
Hey Future Generation, We're Sorry
From here i will write to rest of the world
Sorry, we left you with our mess of a planet.
We just didn't realize how special the Earth was like a marriage gone wrong We didn't know what we had until it was gone..
Well believe it or not it was once called the Amazon rain forest and there were billions of trees and animals inhabitant there . . . All of them gorgeous and oh , I'm guessing you know it as the Amazon desert, right?
You don't know much about trees. Do you?
Well, let me tell you trees are amazing. I mean we literally breathe the air They are creating they clean up our pollution or carbon, Medicine that cures our diseases , food that feeds us which is why I'm so sorry
to tell you that we burnt them down, Cut them down with brutal machines horrific at a rate for building up concrete jungle.
What brings me great sorrow is that most of us today don't even care about tomorrow?
I'm sorry that we put profit above people greet above need the rule of gold above the Golden Rule.
I'm sorry we use nature as a credit card with no spending limit over
Sorry, we poison the ocean so much that you can't even swim in them
Drafting animals to extinction stealing your chance to ever see their uniqueness or become friends with them.
Hey media ,if you don't think climate change is a threat. I dare you to interview the thousands of homeless people in Bangladesh , But most of all I'm sorry about our mindset because we had the nerve to cause this destruction expand.
Well, I urge you to talk to the kids of beijing who are forced to wear pollution. Masks just to go to school
but need their feet due to rising sea levels and Sarah Palin, you said that you love the smell of fossil fuels
So you can ignore this but the thing about truth is it can be denied, not avoided.
Greta thunberg was a example all over the world to represent the group of people talking about environment and pollution.
People who were very inspired then where are you guys ? Thats not your real concern. Its just you are trying To be seen as intellect. Who is sensible enough to think about environmentalist.
I'm sorry future generations. I'm sorry that our footprint became a sinkhole and not a garden.
I'm sorry, we doomed you!!
This future I do not accept it because an error does not become a mistake until you refuse to correct it.
Foundation of this generation it is up to us to take care of this planet. It is our only home
We must look at the root and not to the branches of government and not to the politicians run by corporations, we are the root that we must globally warm our hearts and change the climate of our souls and Realize that we are not apart from Nature.
Today, we live in a world where destroying trees?
Whatever you're fighting for racism or poverty, feminism ,gay rights or any type of equality it won't matter in the least Because if we don't all work together to save the environment we all will have suffer its consequences.
Making you a part of the solution and not the problem.
One way to directly fight the destruction is to stand for trees by standing for trees ,Not only can you save the lives of trees but also help forest communities and protect the rights of animals to live in their homes.
This is the option that I chose but whatever way that you choose to stand for trees do it because a wise man once said "When the rivers are all dried up and the trees have been cut down ,Man will then realize that he will not be able to eat"
Friday, July 24, 2020
COVID-19 Treatment: Medicines & Home remedy for treating Coronavirus patient
Covid-19 is a new disease and there is no drug or vaccine for it as of now and the patients are being given medicines that were approved for treating other viral infections. At least five medicines have either been given a go-ahead from the government to treat coronavirus infected patients in India or are in the final stages of the trial being carried out. India has also been using hydroxychloroquine (HCQ), an antimalarial drug, for treating Covid patients. Coronavirus positive cases in India are increasing at an alarming rate. With the highest single-day spike of 16,922 cases on Thursday, India's Covid-19 count reached 10,29,000. It is the third worst affected country, only behind USA & BrazilThe treatment protocols for coronavirus are being revised from time to time based on emerging evidences.
Here are the drugs, treatment presently available for coronavirus (Covid-19) and what we so far know about them:
1) Hydroxychloroquine (HCQ)
It was first developed in India for the treatment of malaria. Two Indian firms, Ipca Laboratories and Zydus Cadila Ltd, are the world’s largest manufacturers of the drug. The Indian Council of Medical Research has also been using the drug to prevent infection among healthcare workers based on theoretical evidence that hydroxychloroquine does not allow the novel coronavirus, or SARS-COV2, to attach to cells. HCQ was touted as a potential coronavirus treatment by US President Donald Trump and some other global political leaders.
2) Covifor
The Drug Controller General of India (DCGI) has given approval to Hetero for manufacturing ‘Remdesivir’ for the treatment of Covid-19. Hetero’s generic version of Remdesivir will be marketed under the brand name ‘Covifor’ in India. It has been granted approval by DCGI for the treatment of suspected or laboratory-confirmed cases of Covid-19 in adults and children, hospitalized with severe symptoms of the disease. Covifor (Remdesivir) will be available in 100 mg vial (injectable) which has to be administered intravenously in a hospital setting under the supervision of a healthcare practitioner.
3) Fabiflu
Glenmark Pharmaceuticals has launched antiviral drug Favipiravir, under the brand name FabiFlu, for the treatment of mild to moderate Covid patients. Priced at ₹103 per tablet, the prescription-based drug will be available as a 200 mg tablet at an MRP of ₹3,500 for a strip of 34 tablets.
4) Cipremi
Cipla has launched its own remedesivir under the name of Cipremi. Cipla said it will be commercialising remdesivir through its own facilities and partnered sites. The drug will be supplied through government and open market channels, to ensure equitable distribution. The drug is most effective on those who need oxygen support. Cipla is yet to disclose the pricing for the drug.
5) Methylprednisolone
Indian doctors have been successfully using Methylprednisolone in handling moderate to severe cases of the disease. It reduces its overall mortality and is a more essential part of the treatment regimen. Also, it reduces the severity of symptoms, doctors claimed. Dexamethasone is supported by a large trial and is a cost-effective drug. It is of the same group as Methylprednisone.
Using herbs for illness isn’t a novel idea. For thousands of years, herbs like licorice, ginger, and ephedra have been used to treat respiratory infections like the
Ever since the coronavirus pandemic began, talks about immunity and health became a common subject. Experts recommended that with no existing cure or vaccine for the virus, prevention techniques such as social distancing, wearing masks, practicing proper hand and respiratory hygiene, along with trying to stay as healthy as possible were the only ways to beat the virus and avoid getting sick.
This is when Indians turned to the centuries-old wisdom of Ayurveda for boosting their immunity and keeping free of diseases. As the world starts to adopt Ayurvedic practices and Yoga for overall health, and as Ayurveda moves to a global level in the fight against COVID-19 with clinical trials and research
Here are 5 ayurvedic herbs that are close to home and easily available, that you can use to boost immunity and ward off diseases.
1. Tulsi
Tulsi is one of the key ingredients used in Ayurvedic medicine. Tulsi, also known as the Holy Basil is popular all around the world for its medicinal properties. You can add tulsi to your kadha for immunity, herbal teas, etc, or can just chew a few leaves on empty stomach. Tulsi is rich in anti-microbial and anti-inflammatory properties and is known to improve immunity against pathogens, especially those that cause respiratory and throat infections.
2. Ginger
Ginger or dry ginger is used as a common ingredient in Ayurveda. Ginger is rich in antibacterial and anti-inflammatory properties and is used as a common home remedy for cough and cold in the form of tea, or kadha. It can help boost immunity naturally. However, if you have a lot of body heat, or are the Pitta body type in Ayurveda, you must keep your consumption of ginger under control, especially in the summer.
3. Turmeric
Turmeric is one Ayurvedic ingredient that has made Ayurveda popular all around the world. With the western world adopting to the consumption of turmeric in the form of tablets, indigenously, turmeric is used as a common spice added to foods in India. Golden milk, also known as Haldi Dudh, is often used to treat muscle pains, or even as first aid in case of an injury. Turmeric contains many components that can help fight diseases.
4. Giloy
Giloy is an ayurvedic herb that is also hailed as the “ayurvedic root for immortality”. Giloy is a powerhouse of antioxidants which help in detoxing the body and reducing free radical activity. Giloy is also rich in anti-microbial properties and is used in various ayurvedic treatments.
5. Ashwagandha
Ashwagandha is another Ayurvedic herb that has been used in various treatments. It is good for physical as well as mental health. Ashwagandha can help people with stress, anxiety or insomnia as it helps to calm the mind down. Since sleep plays such an important role in overall health, ashwagandha is an important Ayurvedic herb to keep your body and mind healthy. It is also rich in antioxidants and helps in boosting immunity.