Tracing the legislative history of India.

Representative Bodies in Ancient India.

On 26th January, 1950, India achieved an important milestone in the democratic history by establishing modern parliamentary institution. But it doesn't mean that it was first time, when India witnessed a democratic institution in its realm. 

During Vedic Period (circa 3000 BC to 1000BC), there was a system of Sabha and Samiti as mentioned in Rigveda. Both Sabha and Samiti differed in function and powers. Samiti can be compared with modern day general assembly or house of people, whereas Sabha can be placed at equal footing with modern Upper House. It consisted of elected elderly members.

There were certain features of democratic set up during that period, which are:

1. free discussions and decision by vote of majority existed during that period. The decision of the majority could not be overridden.
2. King was subject to Dharma, which is equivalent to modern day concept of Rule of Law. His power was subject to will of people, customs, usages and injunctions of Dharmashashtra.
3. He held in trust the state for welfare of his people.

• Texts such as Aitreya Brahman, Panini's Ashtadhyayi, Arthashashtra, Mahabharata; Greek, Jain and Buddhist scholars and Manusmriti are evidences of existence of number of functioning republics during post- Vedic era.
• Sovereignty in these republics (known as Samgha or Ganrajya) lied in large assembly, which elected not only executive leaders but also military leaders. This assembly also decided foreign affairs and issues of war and peace. 
• The Pali texts reveal procedure and practice of assembly, that was based on legalism and constitutional;ism of most advanced type.
• Speaker or Vinayadhara and Whip (Ganapuraka) were aware of terms like resolution, quorum, vote by majority etc.
• voting in assembly was done by tickets (Salakas)- woods of different colours for different opinions.
• Complicated and serious matters were referred to a Special Committee elected from amongst the members of assembly.

Fun Unlimited: What is Love (Jim Carrey)

वो साथ नहीं मैखाने में।

This poem depicts a situation after a riot of 1992 in India, after which two drinker friends become strangers, as they didn't belong to the same religion.

जो मस्जिद कल टूटे न थे,
वो भी कभी रूठे न थे। 
थे हाथ जो मीना पे थमे, 
हम पे कभी वो उठे न थे। 
टूटी थी दीवारें मस्जिद की,
पर उन्होंने क्यों नाता तोड़ा ?
जो हैवानियत की जात थी,
उसे मेरी क़ौम से क्यों जोड़ा ?

एक सदी थी जैसे बीत गयी 
उन यारों को पाने में। 
बेवजह जो मुझसे झगड़े वो,
हारा मैं उन्हें मनाने में। 
वो साथ नहीं मैखाने में। 
वो साथ नहीं मैखाने में। 

खींची थी कल कुछ तलवारें।
रंगी थी लहू से दीवारें। 
बिखरी फ़िर ऐसी रंजिशें,
जिसे रोक सकी न सरकारें। 
कफ़न चढ़ी इंसानियत पे,
ऐसी फ़ैली नफ़रत की आँच। 
लगने लगे यारी के पल,
जैसे हों चुभे टूटे से काँच। 

यारी न क़ौम की ख़ातिर थी,
थक गया मैं ये समझाने में। 
अनसुनी रही फ़रियाद मेरी।
बंद है यारी तहख़ाने में। 
वो साथ नहीं मैखाने में। 
वो साथ नहीं मैखाने में। 

बिन उनके जाम ये रास नहीं।
कोई और भी है अब ख़ास नहीं। 
तरसूं किसी और के साथ को,
थोड़ा भी वक़्त वो पास नहीं। 
अफ़सोस उनकी नादानी पे,
जो धरम-जात पे वो रोए। 
हैरान हूँ इस नासमझी पे,
कि मेरा साथ हैं वो खोए। 

ग़म है कि सदियाँ बीत गयी,
इस उलझन को सुलझाने में।
कर सके रिहा इस ग़म से मुझे,
वो बात नहीं पैमाने में। 
वो साथ नहीं मैखाने में। 
वो साथ नहीं मैखाने में। 

Pixelzz: Breaking the darkness.

International Crimes Tribunal for Bangladesh.

The events of the nine-month conflict during Bangladesh Liberation War are widely viewed as genocide, in which:

1. the Pakistan Army and collaborators targeted Hindu communities, intellectuals and members of the political opposition for attacks. 
2. Historians estimate that, during the conflict, between two hundred thousand and four hundred thousand women and children were raped leading to an estimated 25,000 war babies being born. 
3. Estimates of persons killed during the conflict range from between 269,000 to one to three million. 
4. An estimated ten million refugees entered India, a situation which contributed to its government's decision to intervene militarily in the civil war. 
5. Thirty million people were displaced.
6. Susan Brownmiller documented that girls from the age of eight to grandmothers of seventy-five suffered rapes during the war.

In 2009 Shafique Ahmed, the Minister of Law, Justice and Parliamentary Affairs, announced that the trials would be organized under the International Crimes (Tribunal) Act 1973. This act authorizes prosecution only of persons living within Bangladesh who were members of the armed forces, including paramilitary groups. The act was amended in 2009 to update it, and the International Crimes Tribunal Rules of Procedure and Evidence were put in place by 2010. Some critics maintain that further amendments are needed to bring the act up to the standards of international law.

Trial of genocide.

The International Crimes Tribunal (ICT) was established as tribunal in Bangladesh that aims to investigate and administer justice regarding the war crimes, crimes against humanity, genocide and crimes against peace committed by Pakistan army and their local collaborators Razakar, Al-Badr, Al-Shams during the Bangladesh Liberation War of 1971. 

Timeline:

• 2008: In public election, one of the principal electoral manifesto of the Awami League was to initiate the trial process of war criminals. 

• 29 January 2009: As promised, a member of parliament from Awami League submitted the proposal of the trial of war criminals on 29 January 2009 in National Parliament and the proposal was accepted unanimously. 

• 25th March 2009: Finally after 39 years of Liberation of Bangladesh, on the 25th March, the tribunal, attorney panel and investigation organization was formed for the trial of the ones accused of war crimes.

• 9th July 2009: Considering the recommendations of the Commission of Law, some amendments were done by verbal votes to bring the law up to date and in keeping with international standards for similar trials.

• July 2010: The tribunal starts its official journey by the first hearing. Justice A T M Fazle Kabir and Justice A K M Zahir Ahmed, led by Justice Md. Nizamul Huq, the Chairman of the tribunal directed the hearing of International Crimes Court in the old high court building at Dhaka.After the hearing, arrest warrants were issued for four leaders of Jamaat-e-Islami — Motiur Rahman Nizami, Ali Ahsan Muhammad Mujahid, Muhammaad Kamaruzzaman andAbdul Quader Mollah for crimes against humanity in 1971.

Indictments.

The first nearly dozen men indicted include nine leaders of Jamaat-e-Islami, the largest Islamist party in the nation and opposed to independence in 1971: 

1. Ghulam Azam, in 1971 chief of the erstwhile East Pakistan unit of the party;
2. incumbent chief Matiur Rahman Nizami, 
3. deputy Delwar Hossain Sayeedi, 
4. secretary general Ali Ahsan Mohammad Mojahid; 
5. assistant secretary general Muhammaad Kamaruzzaman 
6. assistant secretary general Abdul Quader Molla; 
7. media doyen Mir Kashem Ali, who heads the pro-Jamaat Diganta Media Corporation;
8. Miah Golam Parwar; and 
9. Abul Kalam Azad (Bachchu), an Islamic cleric formerly associated with the party.

Two leaders of the opposition Bangladesh National Party were also indicted: former government ministers Salahuddin Quader Chowdhury and Abdul Alim.

Reactions.

Human Rights Watch initially supported the establishment of the tribunal and recommended amendments to the 1973 law. The government already had planned to update the law, and proceeded in consultation with experts.

When the tribunal was being planned, Stephen Rapp, the United States Ambassador-at-Large for War Crimes Issues, said that the "US government will help Bangladesh hold an open and transparent war crimes trial with the rights of defense for the accused." Kristine A. Huskey, writing for the NGO Crimes of War, said Rapp gave a ten-page letter to the prosecution which included recommendations and various concerns.

A Wikileaks leaked cable in November 2010 from the US State Department said, "There is little doubt that hard-line elements within the ruling party [AL] believe that the time is right to crush Jamaat and other Islamic parties." 

Bangladeshi opposition political parties have demanded the release of those held, claiming the arrests are politically motivated. Shafique Ahmed, the Minister of Law and Justice, disagrees, saying, "No one is being arrested or tried on religious or political grounds."

Shahbagh Protests.

In February, 2013, thousands of protesters took to the streets of Bangladesh to demand the execution of a leader of the country's biggest Islamist party Abdul Quader Mollah after he was sentenced to life in prison for war crimes committed during the 1971 independence conflict.
In Dhaka, thousands of protesters had stayed out on the streets since late on Tuesday to vent their anger at the verdict handed to Mollah, 64, who was expected to be given a death sentence.
"Our protest will continue until the authorities put him to gallows," said Mohammad Zafar Iqbal, a university professor.
The rally was centred on Dhaka's Shahabag Avenue, which protesters dubbed the "Tahrir Square of Bangladesh", recalling the scene of protests in Cairo which led to the overthrow of Egyptian strongman Hosni Mubarak.

मेरी ख़ामियाँ

जो पर मेरे टूटे हैं अब
बिखरा हुआ लगता है सब।
अलफ़ाज़ भी हैं खो गए,
जिन्हें ढूंढते हैं मेरे लब।
भूला हूँ मैं उस शख़्स को 
जो साथ मेरे था यहाँ। 
जो मुझमें ही कहीं छुपा था 
जिसे मिटा सका न ये जहां। 
कोसों आगे मैं बढ़ गया
पीछे हैं फ़िर भी खींचती
मेरी ख़ामियाँ।
मेरी ख़ामियाँ।

क़ाबिलियत जो थी मेरी 
उन सब को ये दफ़ना गयी। 
नाकामियों के दाग़ को,
हैं जैसे ये अपना गयी। 
क्या था हासिल जिसे भुला चुका
है ख़ोज मुझे जिसकी कबसे?
न इल्म कि कब मैं उभरूँगा 
मायूसियों के इस रब से?
हूँ मैं भी इनका साझेदार  
जिन्हें ढोती हैं मेरे साथ ये 
मेरी ख़ामियाँ।
मेरी ख़ामियाँ।

हर बार हूँ मैं ये सोचता,
कि कब ये पीछा छोड़ेंगी ?
बिखरा हूँ मैं तो सदियों से,
मुझे और ये कितना तोड़ेंगी ?
आने वाले हैं नए पल,
ऐसा गुमां हुआ है मुझे। 
इस पल में बला ये छूटेगी,
इस सोच ने छुआ है मुझे।  
[अ]ग़र इन्हे याद न मैं रहूँ 
और ये पीछे न मुड़ी कभी,
ख़ुद से पूछूंगा कहाँ गयी ?
मेरी ख़ामियाँ।
मेरी ख़ामियाँ।

Must Watch: Children of War

Even if the Indian audience loves the movies of heroes with six-pack abs or hot divas and thumbs down the real and intense historical movies like Madras Cafe, I admire the courage of the director Mritunjay Devrat for throwing focus on the genocide during Bangladesh liberation war of 1971. One should admire the effort of the director to present the intense violent scenes depicting rape of many Bangladeshi women. 

Also, the performance of Pawan Malhotra in negative role of a Pakistani Amy personnel, deserves applauds. Apart from him the late Farooq Shekh has also left his impact on cinema industry by his humble role in the movie.

In a nutshell, if you courage to swallow the reality behind the liberation movement of 1971, the movie Children of War will make you cry and compel you to applause the efforts of Mr. Devrat.

State recognition in international law.

In all legal systems, the subject of law is an entity, which has enforceable rights and duties at the law. It can be a company or an individual and both are defined as “legal person” by the law. Legal personality is the main clause for the entities to function or in other words to allege and enforce a claim.

International law is constituted by States and it is generally concerning the activities and the transactions of States. International law covers the participants such as states, international organisations, regional organisations, non-governmental organisations, public companies, private companies and individuals.

Definition of states.

International law states that, an entity which meets the international legal criteria of statehood is able to be a State, which are given under Article 1 of the Montevideo Convention on Rights and Duties of States. These are:

1. a permanent population 
2. a defined territory. However, there is not a necessity of having well- established boundaries as the international Court of Justice said in the North Sea Continental Shelf cases, “ ... there is no rule that the land frontiers of a state must be fully delimited and defined”.
3. government and 
4. capacity to enter into relations with other states.

What is recognition?

Recognition of an entity doesn’t mean only that this entity has met the required qualifications, but also that the recognising state will enter into relations with the recognised State and let that State to enjoy usual legal consequences of recognition such as privileges and immunities within the domestic legal order. Therefore it is claimed 

that, generally the decision of to recognise or not, depends on political views rather than legal grounds. It is right because to enter into relations with a foreign State and permit some privileges to her, is directly relevant to the State’s interests. Thus, when States give a decision about recognition, of course they will weigh the advantages against the 

disadvantages of this decision.

Theories of recognition.

There are mainly two theories relevant to recognition - the constitutive and the declaratory theory. The constitutive theory asserts that States and governments do not legally exist until recognised by the international community and the declaratory theory adopts that States and governments gain in the international personality when they come into existence.

According the constitutive theory, creation of a new State depends on the acceptance of present States. The new State will have the rights and duties at the time of being recognised. 

Criticisms: This theory has some queries, such as what will happen if some existing States recognise the new one and the others do not? And how it could be possible to put in force some restrains, like prohibition on aggression, against the unrecognised State? 

The declaratory theory claims that a State will be formed free from the consents of the other States, just after she meet the international requirements. This approach is laid down in the first sentence of Article 3 of the Montevideo Convention (1933), "The political existence of the state is independent of recognition by the other states." The declaratory theory seems to be more adequate for practice than the other.

Recognition of Governments.

Recognition of government is discussed where the change of the government is unconstitutional. When a State recognizes a new “government,” it usually acknowledges a person or group of persons as competent to act as the organ of the State and to represent it in its international relations.  The only criterion in international law for the recognition of an authority as the government of a State is its exercise of effective control over the State’s territory.  States may, however, continue to recognize a government-in-exile if an incumbent government is forced into exile by foreign occupation or the de facto government in situ has been created in violation of international law. 

Tobar Doctrine. 

This is a doctrine of non-recognition of governments first enunciated by Carlos Tobar, the Minister of Foreign Relations of Ecuador, in March 1907, and subsequently adopted into two treaties concluded among the Central American Republics: 

1. the General Treaty of Peace and Amity between the Central American States (1907) and 
2. General Treaty of Peace and Amity between the Central American States (1923)

According to the doctrine as enunciated in these treaties, According to Tobar doctrine, an unconstitutional change of the government should be recognised only when the people accept it.

Estrada Doctrine.

The Estrada Doctrine suggests that under the establishment of de facto governments in other countries, Mexico is not in favor of giving recognition because it is considered a degrading practice. By hurting the sovereignty of other states, it puts them in a vulnerable position because their internal affairs can be judged by other governments, that in fact assume a critical attitude when deciding about the legality and legitimacy of foreign governments.

Legal effect.

The legal effects of recognition differ depending on the forum.  While in international and continental European courts recognition has only probative value, in English and American courts an official statement of recognition or non-recognition by the forum government is conclusive evidence as to the legal status of a foreign authority or entity as, according to the “one voice doctrine,” in matters of foreign affairs the judiciary and the executive are to speak with one voice.  The forum government’s position may be introduced in the judicial process by way of a Foreign Office certificate, amicus curiae brief or statement of interest.  

Must Watch: Bhootnath Returns.

After watching his social awakening movie Main Aazad Hoon (1989) few years back on Set Max, I became fan of Big B in such roles. His latest recent with Bhootnath Returns proves that his aura and suitability for such roles has not faded. 

Opposed to the popular presumption, this movie is not only meant to be a comedy flick or kids' catgory movie. Rather it can be said to be a movie that explains us a lesson in our own way. Also, the theme picked by the producer, i.e. general elections, is the burning one, whose heat has set the Indian democracy on fire. 

Parth Bhalerao (the child named Akhrot) has complemented Big B in every manner in performance of the character of a ghost electoral candidate. 
also, we can't undermine the negative role of Boman Irani. In his role as Bhau, he seems to emulate and imbibe a true character of a local mafia. With some comic scenes and with awesome performances, this movie delivers a strong message on election and importance of voting in Indian democracy.

In a nutshell, when Bhootnath returns, our hope in democracy returns too.

Facing the music: Ankit Tiwari

Bollywood singer Ankit Tiwari, who was arrested last week for allegedly raping a woman, moved a sessions court seeking bail.

Ankit Tiwari, who was remanded in judicial custody by local magistrate, filed the application for bail saying he was being falsely implicated in the case.

The 24-year-old singer said in his complaint that the concerned woman is already married and has a child. He also alleged that there are many contradictions in the complaint lodged by the woman, who is believed to be his girlfriend.

Ankit Tiwari, known for his song ‘Sun Raha Hai Na’ in Bollywood movie ‘Aashiqui 2′, was arrested on May 8 after the woman filed a case in Versova police station accusing him of sexually assaulting her between October 2012 and December 2013 on the promise of marrying her.

Ankit Tiwari’s brother Ankur was also apprehended for allegedly threatening the woman with dire consequences over a period of time if she files complaint in this regard.

Ankit Tiwari was booked under section 376 (punishment for rape), 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage), and section 506 (2) (punishment for criminal intimidation) of Indian Penal Code.

Marco Civil Legislation a pragmatic step.

This year, the Brazilian Chamber of Deputies finally voted in favor of approving the Marco Civil bill. The text, which can be read here (in Portuguese), will now be sent to the Federal Senate for deliberation. If any changes are approved there, it will be returned to the Chamber of Deputies before it can be sanctioned by President Dilma Rousseff.

Marco Civil, which is the first major Brazilian law on Internet rights—including provisions on net neutrality and intermediary liability—was modified several times by rapporteur Dep. Alessandro Molon (Worker’s Party, Rio de Janeiro), so that consensus could be reached in the Chamber of Deputies. It was a complicated process.

The approved text is substantially different than the version sent to Congress in 2011, which was the output of a broad public consultation process that took place between October 2009 and May 2010 (more information can be found in the 2011 CGI.Br Internet Policy Report). Battles over intermediary liability, data retention, and net neutrality stalled bill’s progress in the Chamber of Deputies for more than two years. Voting was delayed successive times even after the bill was put under urgency regime in September 2013—a status that has the effect of blocking most other proposals until voting is carried out.

Local storage provision dropped.

In order to speed up the progress of the Bill, the government gave up on the local storage requirements last week. The measure was intended to ensure the privacy of Internet users as well as government data following the news of NSA spying activity, which allegedly includedmonitoring of communications between President Dilma Rousseff and key aides.

general studies today - Crossword Labs

general studies today - Crossword Labs

Notable Role (9/1000): K K Menon (Gulaal).

There are some movies, which you often like to watch more than once and there are some movies, with such a great actors, which make you watch some scenes of the movie time and again.

Gulaal is one such movie and KK Menon (playing the character role of Duggi Bana) is one such actor in this movie. His way of expression and the way he imbibes the character of the movie is unmatched.

The way he shows his anger and his authority in this movie makes his performance in Gulaal best till now.

तेरा वजूद भी होना है।

[अ]ग़र बयां करूँ ये दास्तां,
हूँ तेरा शुक्रग़ुज़ार मैं। 
जो शिकश्त को पीछे छोड़ा तो,
तुझपे हँसता हर बार मैं। 
अपनों की दुआएं साथ थी,
पर उन सब से भी थी बढ़कर,
तेरी रंजिश जो मुझसे थी 
किया जिसका सामना मैं  डंटकर।
जो मौके तुझको थे मिले,
उन्हें खोने का तेरा रोना है। 
मेरे मक़सद को पाने में,
तेरा वजूद भी होना है। 

था वक़्त भी तुझको खूब  मिला,
कि मुझे मात तू दे सके। 
फ़िर तूने साजिश रची ऐसी
जिससे कि मेरी रूह थके। 
जब सफ़र की एक पगडण्डी पे,
मैं गिर गया बेसुध हो कर,
तुझे हुयी ग़लतफ़हमी ये कि,
हारूँगा मैं  सबकुछ खोकर।
जो उठकर खड़ा हुआ फ़िर से,
तेरे होश तो जैसे उड़ गये। 
मेरे साहस के टूटे पर,
जैसे अब फ़िर से जुड़ गये। 
तेरी चकाचौंध फ़ीकी पड़ी। 
काहे का अब तू सोना है। 
तेरी हार के इस किस्से में 
तेरा वजूद भी होना है। 

हम एक जगह से शुरु हुए,
पर तू आगे था निकल गया। 
हारा न मैं हिम्मत फ़िर भी,
और लाया अन्दर जोश नया। 
तू मुड़कर जो देखा तो,
कोई फ़ासला अब न दिखा।
तुझसे आगे न निकल सकूँ,
इस सोच में तेरा अक्स बिका। 
तूने कांटे थे कई बिछाए,
अपनी शिकश्त के हर डर से। 
पर मैं करीब हूँ मंज़िल के,
जिसे पाने को अब तू तरसे। 

खेला तू अपने वक़्त से,
जैसे कोई नया खिलौना है 
मेरे इस जीत कि मजलिस में,
तेरा वजूद भी होना है। 

Achievements: when India was declared a Polio-free Nation.

The most prestigious achievement for India have been its victory over polio as it completed three years without any case of the debilitating infection, which made it entitled to polio-free certification by the World Health Organisation in March.

In the month of March, the World Health Organisation (WHO) South-East Asia Region, home to a quarter of the world’s population, was certified polio-free by an independent commission under the WHO certification process. With this step, 80 per cent of the world’s population now lives in certified polio-free regions.