Monsoon season is round the corner. It will be busy time for Chennai Corporation officials leasing out maintenance and de-silting of Super-Ultra-filthy Storm water drains on the road margins of Chennai, so that people can weather the rain without flooded roads and nullahs. But, it will nevertheless be flooded on account of shoddy maintenance work and lack of any visible, scientific solid waste management system on the ground. You see, we are an almost arrived superpower with a great growth story of consistently 9% per annum & now and then touching 10%,against a depressing global recession. And as an arriving superpower, we have technology only for moon missions, Atomic bombs, Nuclear tipped Missiles & 4-laned Golden Quadrilaterals..
Not for maintaining storm water drains and building walking platforms.
The video at the bottom will give you a glimpse of how we provide the much touted Urban Amenities in Chennai, say for example, the storm water maintenance - through high exploitation of migrant labourers. The Corporation gives out the Contract. The Contractor (invariably a Binami of a councilor/s) subcontracts the work to another, again. The nepotism in such deals is as filthy as the storm water drains & public toilets of Chennai. The subcontractor gets migrant families from western districts like Salem/Darmapuri or from the Telangana region to de-silt the filthy drains. Of late, Bihari & UP migrants have increased the competition for such jobs. Coolie is paid by metre desilted. The more metre they desilt per day, the better. This is the motivation for entire families to 'plunge' themselves into the desilting work.
But, most of the 'dirty' money is invariably earned back by the Government, thanks to Government peddled liquor shops. How else, our Government can distribute laptops and sheep? And give subsidized plots to the IAS, MLAs, Filmy association people, etc & hectares to the SEZ? These ignorant migrants don't understand how they support the household economy of the IAS, the business class & finance the Government's welfare schemes too.
Husband, wife, brother, brother-in-law, sister, sister-in-law, grandpa with kids around undertake to desilting without any safety protection. Broken brandy & beer bottles dumped after drinking episodes (or rather drinking epidemic) in Tasmac liquor shops, all types of plastic waste, raw chicken waste from butchers' shops, rotting wastes dumped by roadside eat-outs, construction rubbish, sewerage illegally let out by establishments & houses and of course silt are to be removed.
Cockroaches, variety of other insects, rodents gives them great company. They outdo the so-called dangerous reality shows on TV. Children of the families will play dangerously on the platform as traffic whizzes past .Watching their elders scoop out filth provide some amusement to the children.
The amusement is not only to their Children, of course to the people driving, walking past.Or are these migrant families, a necessary evil, some kind of an annoying nuisance to tolerate before the much bigger nuisance, monsoon sets in?
http://www.paadam.in/videos.php
Monday, September 19, 2011
Saturday, August 20, 2011
Anna's fast a threat to Democracy
If corruption erodes Democracy, Anna’s fast equally undermines the Democratic values and institutions that behold the basic values of Democracy. He is now the voice of the middle class, who are economically stronger and uphold the rigid caste system which is dead against equality and thus against Democracy.
In a Democratic nation, legislations are passed by the Parliament as a law making body. If Anna’s fast can pressurize the Parliamentarians to accept a “Bill” which is hand crafted by him and his team, the very essence of democracy is defeated. Also the Indian middle class has vested interest in this legislation as they are the primary beneficiaries of the Government Services.
The same middle class never bothered to fight for the marginalized, deprived, caste wise subjugated Indian brotherhood. This fast is a clear cut plot to undermine our democratic institutions and to benefit the very few middle class which is a BIG market for the western powers.
In a Democratic nation, legislations are passed by the Parliament as a law making body. If Anna’s fast can pressurize the Parliamentarians to accept a “Bill” which is hand crafted by him and his team, the very essence of democracy is defeated. Also the Indian middle class has vested interest in this legislation as they are the primary beneficiaries of the Government Services.
The same middle class never bothered to fight for the marginalized, deprived, caste wise subjugated Indian brotherhood. This fast is a clear cut plot to undermine our democratic institutions and to benefit the very few middle class which is a BIG market for the western powers.
Monday, February 7, 2011
Patent for an enablement
Ford, a Michigan based auto major in America was started with a motive “inexpensive cars for the masses”. Being a family controlled company for over 100 years; this company is rather successful when compared to many of its rivals which started a hundred years ago. When American car manufactures started manufacturing motor cars in 1900s, they got patent license from ‘Association of Licensed Automotive Manufacturers’ (ALAM) which was owned by a patent Attorney named George B. Selden. Despite never having gone into production with a working model of an automobile ALAM got patent licensing rights to build cars and enjoyed the royalty.
Henry Ford refused to pay royalties to ALAM and started manufacturing cars. George took Ford to the court on the account of patent infringement. The patent war lasted for 8 years creating 14,000 pages of court documents. Finally George won the case in the trial court. This was the headlines in most news papers of that time. Encouraged by Thomas A Edison, Henry went for an appeal. George’s patent was over turned just a year before it could expire. The appeals court used the “Enablement” principle to decide the matter along with Non-obviousness.
Enablement means, providing sufficient and detailed information about the invention so that any appropriately trained person is able to make it. It goes without saying that the inventor must make the invention. There can be no patent granted merely for the concept or idea. It has to be operational. In this case, George was given patent for an improvement to Brayton Engine and he never manufactured a car based on his own patented invention. By the time the court overturned the patent, George had made several thousand dollars out of the patent.
Henry Ford refused to pay royalties to ALAM and started manufacturing cars. George took Ford to the court on the account of patent infringement. The patent war lasted for 8 years creating 14,000 pages of court documents. Finally George won the case in the trial court. This was the headlines in most news papers of that time. Encouraged by Thomas A Edison, Henry went for an appeal. George’s patent was over turned just a year before it could expire. The appeals court used the “Enablement” principle to decide the matter along with Non-obviousness.
Enablement means, providing sufficient and detailed information about the invention so that any appropriately trained person is able to make it. It goes without saying that the inventor must make the invention. There can be no patent granted merely for the concept or idea. It has to be operational. In this case, George was given patent for an improvement to Brayton Engine and he never manufactured a car based on his own patented invention. By the time the court overturned the patent, George had made several thousand dollars out of the patent.
Thursday, February 3, 2011
Can God be taxed?
For all those who believe in GOD this is a tough and unpleasant question. In the first place why would one want to tax the GOD who created the Tax officials? The court thinks the other way.
Now let us look at the legal position of a “Hindu Idol” as for Hindus the Idols are symbolic representation of the GOD himself. The Privy Council considered the idol as a juristic person but it is a junior who constantly needs a guardian to act on its behalf. The will of the idol must be respected pertaining to its location. In the Yogendra Nath Naskar V. Commissioner of Income Tax, the Supreme Court of India held that the Hindu idol is a juristic entity capable of holding property and of being taxed through ‘Shebaits’ who are entrusted with the possession and management of its property.
A Hindu deity falls within the meaning of the word individual under the Income Tax Act, 1922 and can be a person in law, but so far as the deity stands as the representative and symbal of the particular purpose which is indicated by the donor, it can figure as a legal person and in that capacity alone the dedicated property vests in it. There is no principle why a deity should not be taxed if it is allowed in law to own property.
So now let us see whether a Mosque, Church, Synagogue, Gurudwara, is a juristic person or not. As per the privy council, they are not. They are not legal persons because, they do not have rights or duties as natural persons. However the Privy council left the question open whether such religious places could for any purpose be regarded as a juristic person.
Now let us look at the legal position of a “Hindu Idol” as for Hindus the Idols are symbolic representation of the GOD himself. The Privy Council considered the idol as a juristic person but it is a junior who constantly needs a guardian to act on its behalf. The will of the idol must be respected pertaining to its location. In the Yogendra Nath Naskar V. Commissioner of Income Tax, the Supreme Court of India held that the Hindu idol is a juristic entity capable of holding property and of being taxed through ‘Shebaits’ who are entrusted with the possession and management of its property.
A Hindu deity falls within the meaning of the word individual under the Income Tax Act, 1922 and can be a person in law, but so far as the deity stands as the representative and symbal of the particular purpose which is indicated by the donor, it can figure as a legal person and in that capacity alone the dedicated property vests in it. There is no principle why a deity should not be taxed if it is allowed in law to own property.
So now let us see whether a Mosque, Church, Synagogue, Gurudwara, is a juristic person or not. As per the privy council, they are not. They are not legal persons because, they do not have rights or duties as natural persons. However the Privy council left the question open whether such religious places could for any purpose be regarded as a juristic person.
Monday, December 13, 2010
Smokers are victims not criminals
While addressing a series of Anti-Tobacco awareness program toheads of schools and other institutions in Adyar Cancer Institute, Chennai, one question which was repeatedly thrown at me was, “Why don’t we ban Tobacco?” I was wondering why people ask this question to me and not to the elected Member of Parliament. They can’t as most of the so called MPs are either busy looting the country or supporting the corporate which in turn gang rape the nation. Also almost all of us elect our MPs based on Caste, Religion or what freebies he/she may offer to his constituency. What do you expect such an MP to deliver?
Breathing is inherent to our existence and we all have right to live; this is challenged by smokers as they pollute the air and forcefully make us secondary smokers. Second hand smokers are as vulnerable to lung related cancer as smokers are. Also smokers are a victim of this menace. Smoking is mostly by chance rather than a voluntary option. They are unable to come out of this evil. They need our help. Each one of us can contribute towards creating awareness and pressurizing our politicians to make Anti-tobacco friendly laws. Companies like BAT, Japan Tobacco, Philip Morris will continue to sell tobacco products as long as demand is there. After all they are merchants; they will sell anything which fetches money.
Our movie makers should be influenced as our population sure does have significant influence of cinema. Our policy makers can be brought to our line of thinking when we vote for those who support anti-tobacco policies. Civil society can get together and bring a revolution in this. It takes a matter of minutes to lose our right but it takes several lives to retain those rights.
Breathing is inherent to our existence and we all have right to live; this is challenged by smokers as they pollute the air and forcefully make us secondary smokers. Second hand smokers are as vulnerable to lung related cancer as smokers are. Also smokers are a victim of this menace. Smoking is mostly by chance rather than a voluntary option. They are unable to come out of this evil. They need our help. Each one of us can contribute towards creating awareness and pressurizing our politicians to make Anti-tobacco friendly laws. Companies like BAT, Japan Tobacco, Philip Morris will continue to sell tobacco products as long as demand is there. After all they are merchants; they will sell anything which fetches money.
Our movie makers should be influenced as our population sure does have significant influence of cinema. Our policy makers can be brought to our line of thinking when we vote for those who support anti-tobacco policies. Civil society can get together and bring a revolution in this. It takes a matter of minutes to lose our right but it takes several lives to retain those rights.
Sunday, August 29, 2010
Media Violence
The great Greek Philosopher and mathematician Plato once complained about the effects of plays on youth. Since time immemorial the effect of plays, dramas and cinema cannot be completely ruled out inducing violence into the youth’s mind. A cinema without violence is a complete” NO” in the west as well as in the east. Till the late 60s there was no one suspecting the media for the violence in the society. Only after television became popular, “Social Learning Theory” developed by Albert Bandura got its root and the public along with the psychologists understood the link between Violence in the society and the Media.
Consumption of violent media and aggressive behavior has causal relationship. Though it has its own limitations and criticism, it’s evident in several experiments that at least the kids, children and the adults alike at least experiment in real life what they see in a video game or a movie. They may inherit that depending on the result of the experiment.
Across the world, there are no standardized, reliable and valid measures of aggression and media violence exposure. Still the US and European countries have come up with some standards which may be used as a bench mark across the world. Motion picture rating system is widely used across the developed world. In our country, in the name of censor board, more and more porn and blood is blatantly exhibited across the country. Unlike the west, our movies are rated merely by a group of old men, who neither understand human psychology nor the society. If you are close to a political party, your ticket to the Censor Board is assured.
Organizations that create and sell video games spend millions of dollars to defuse the negative publicity for their industry. It is quite normal for all those who make money to safeguard ones industry so that they their profits do not dip. It is the government which should take cognizant of the facts and regulate the contents in the graphics, video games, movies T.V., shows etc.
All over the world, since 1950s the rise in violence in the media is very well noted by the researchers. Though there are challenges to establish the correlation between media violence and rise in crime in the society. Also statistics say that only 13% of the TV shows are non-violent crimes, the rest 87% are violent crimes. This contrasts with the real-world crime data where it’s vice versa.
Though there are several theories and explanations surrounding the violence in media, one cannot disagree the influence media can bring in the society especially the violent section of the society.
Consumption of violent media and aggressive behavior has causal relationship. Though it has its own limitations and criticism, it’s evident in several experiments that at least the kids, children and the adults alike at least experiment in real life what they see in a video game or a movie. They may inherit that depending on the result of the experiment.
Across the world, there are no standardized, reliable and valid measures of aggression and media violence exposure. Still the US and European countries have come up with some standards which may be used as a bench mark across the world. Motion picture rating system is widely used across the developed world. In our country, in the name of censor board, more and more porn and blood is blatantly exhibited across the country. Unlike the west, our movies are rated merely by a group of old men, who neither understand human psychology nor the society. If you are close to a political party, your ticket to the Censor Board is assured.
Organizations that create and sell video games spend millions of dollars to defuse the negative publicity for their industry. It is quite normal for all those who make money to safeguard ones industry so that they their profits do not dip. It is the government which should take cognizant of the facts and regulate the contents in the graphics, video games, movies T.V., shows etc.
All over the world, since 1950s the rise in violence in the media is very well noted by the researchers. Though there are challenges to establish the correlation between media violence and rise in crime in the society. Also statistics say that only 13% of the TV shows are non-violent crimes, the rest 87% are violent crimes. This contrasts with the real-world crime data where it’s vice versa.
Though there are several theories and explanations surrounding the violence in media, one cannot disagree the influence media can bring in the society especially the violent section of the society.
Thursday, June 10, 2010
Divorce
Divorce is the judicial termination of a Marriage. In a country where marriage is sacred, judicial separation is gaining grounds. With the development in culture, education, human rights and exposure to the outside world, more Indian women use divorce as a mechanism to break free from the clutches of marriage. When compared to the western counterparts divorce rate is significantly low in India. Though it is told that Software professionals in India resort to divorce more than other professionals. As in typical India scenario there is no data available to justify this claim from divorce lawyers. My visits to family courts have been affirmative to this claim. Also I have heard stories of men being tortured mentally and physically by women. Still it is very rare.
Mostly people below 35 years of age resort to divorce. In India most men and women try their best to live together and take divorce as a final call. In many cases, women were forced to live with the unbearable husband because the families want the marriage to survive. To top it up, most Indian women don’t have a job to support themselves or their husband’s family may want them to do the domestic chores though she may be highly qualified.
Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi Marriage and Divorce Act, 1936. Inter community marriages are governed by Special Marriage Act, 1956.
A divorce can be mutually agreeing or based on the grounds for divorce. NRIs have different procedures.
The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.
Adultery,Cruelty, Desertion,Conversion, Mental Disorder, Leprosy
Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
The following are the grounds for divorce in India on which a petition can be filed only by the wife.
• If the husband has indulged in rape, bestiality and sodomy.
• If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
• A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
• If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.
In similar lines, Indian Divorce Act, 1869, Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988 have ground rules required for divorce.
Recently the High court of Bombay has held that the six-month cooling-off period for a couple who file a joint petition for divorce cannot be insisted on by the family court if the couple has already been living separately for a year and their contested divorce plea has been pending in court for over six months. “Parties who settle their dispute are not required to be penalised for doing so,’’ said Justice Roshan Dalvi.
Sikhs have been demanding a separate Act for registration of marriages solemnised under Sikh traditions. At present, Sikh marriages are registered either under the Hindu Marriage Act or the Special Marriage Act. Sikhs contend that their marriage rituals are different from that of Hindus.
At present, Sikhs are governed by the Anand Marriage Act of 1909 which the draft bill seeks to replace. The demand for a separate marriage Act stems from the need to register marriages solemnised under their religious ceremony Anand Karaj.
The Cabinet on Thursday cleared amendments to the Hindu Marriage Act and the Special Marriage Act, allowing the provision of "irretrievable breakdown of marriage'' to be included as ground for divorce. This new ground may help thousands of pending or prolonged divorces a sigh of relief. Religious fanatics may claim divorce as an evil spreading in the society but considering that marriage in essence is a contract between two individuals of sound mind and capable of reason, termination of marriage is well within the ambit of the sacred solemn vow!
Readers shall pose their questions as comments!
Mostly people below 35 years of age resort to divorce. In India most men and women try their best to live together and take divorce as a final call. In many cases, women were forced to live with the unbearable husband because the families want the marriage to survive. To top it up, most Indian women don’t have a job to support themselves or their husband’s family may want them to do the domestic chores though she may be highly qualified.
Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi Marriage and Divorce Act, 1936. Inter community marriages are governed by Special Marriage Act, 1956.
A divorce can be mutually agreeing or based on the grounds for divorce. NRIs have different procedures.
The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.
Adultery,Cruelty, Desertion,Conversion, Mental Disorder, Leprosy
Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
The following are the grounds for divorce in India on which a petition can be filed only by the wife.
• If the husband has indulged in rape, bestiality and sodomy.
• If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
• A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
• If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.
In similar lines, Indian Divorce Act, 1869, Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988 have ground rules required for divorce.
Recently the High court of Bombay has held that the six-month cooling-off period for a couple who file a joint petition for divorce cannot be insisted on by the family court if the couple has already been living separately for a year and their contested divorce plea has been pending in court for over six months. “Parties who settle their dispute are not required to be penalised for doing so,’’ said Justice Roshan Dalvi.
Sikhs have been demanding a separate Act for registration of marriages solemnised under Sikh traditions. At present, Sikh marriages are registered either under the Hindu Marriage Act or the Special Marriage Act. Sikhs contend that their marriage rituals are different from that of Hindus.
At present, Sikhs are governed by the Anand Marriage Act of 1909 which the draft bill seeks to replace. The demand for a separate marriage Act stems from the need to register marriages solemnised under their religious ceremony Anand Karaj.
The Cabinet on Thursday cleared amendments to the Hindu Marriage Act and the Special Marriage Act, allowing the provision of "irretrievable breakdown of marriage'' to be included as ground for divorce. This new ground may help thousands of pending or prolonged divorces a sigh of relief. Religious fanatics may claim divorce as an evil spreading in the society but considering that marriage in essence is a contract between two individuals of sound mind and capable of reason, termination of marriage is well within the ambit of the sacred solemn vow!
Readers shall pose their questions as comments!
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