SC Takes Suo Motu Cognizance Of Worst Conditions Of Hospitals

Without wasting any time, the highest court of our country which is the Supreme Court very rightly, very commendably and very consciously took suo motu cognizance of the most degrading, most deplorable and most dehumanizing treatment of the Covid-19 patients and dead bodies in the hospitals etc after watching it live in India TV news channel as also other news channels especially of LNJP hospital in Delhi which has shaken the whole country beyond belief! Chief Justice of India Sharad Arvind Bobde took cognizance of this most serious issue and assigned it to a three-Judge Bench as stated below. Former Union Law Minister and senior and eminent advocate of the Supreme Court Dr Ashwani Kumar too had written to the CJI on June 8 highlighting the undesirable and horrifying manner in which patients and the bodies were being mishandled!

No doubt, we all always consider hospitals to be the safest refuge when we are not well. But after seeing what has been shown in different news channels about how the Covid-19 patients are treated, how they are thrown like animals and how even dead bodies keep lying unattended in hospitals. It is high time that the hospitals and the respective State governments must wake up from their deep slumber, see the ground reality for themselves and from now onwards stop trusting hospitals blindly under any circumstances!

It goes without saying that hospitals too must be held accountable from now onwards just like other institutions. Those hospitals who don’t cater for their patients must be held accountable and punished most severely! There should be no mercy for them as they betray the very purpose for which hospitals are set up! Doctors and nurses who are found wanting also must be held fully accountable and penalized severely for it!

To start with, a 3 Judge Bench of Supreme Court comprising of Justice Ashok Bhushan, Justice Sanjay Kishan Kaul and Justice MR Shah in this crucial suo motu case registered as “In Re Proper Treatment of COVID-19 Patients And Dignified Handling Of Dead Bodies In The Hospitals, Etc. in Suo Motu Writ Petition (Civil) No(s). 7/2020 most crucially set the ball rolling by first and foremost observing that, “The cognizance of suo motu writ petition has been taken on the basis of media reports and programmes aired in several channels presenting horrific scenes from LNJP hospital, which is a Covid dedicated hospital. The India TV, in its programme on 10^th June 2020, has shown certain videos which indicate the pathetic condition of the patients admitted in the hospital and the deplorable condition of the wards. The patients are in the wards and the dead bodies are also in the same wards. Dead bodies are seen also in the lobby and waiting area. The patients were not supplied with any oxygen support or any other support, no saline drips were shown with the beds and there was no one to attend the patients. Patients are crying and there is no one to attend them. This is the condition of the Government Hospital of Delhi which has capacity of 2000 beds. As per the Government App, only 870 beds were occupied in LNJP Hospital as on 11.06.2020. The Government App itself gives the details of beds occupied in the Government and Private hospitals in Delhi. In the Government hospitals, the number of beds is 5814, out of which 2620 are occupied.”

More damningly and more tellingly, it is then pointed out by the Apex Court Bench that, “The reports also indicate that the patients suffering from Covid-19 are running from pillar to post to get admission in the hospitals whereas large number of beds are lying vacant in Government hospitals. The large number of beds in Government Covid Hospital being vacant in a situation where patients suspected of Covid-19 are running from pillar to post to get admission in any hospital tells about the mismanagement and sorry state of Government hospitals in Delhi. The State is not only duty bound to increase the number of beds but also to provide appropriate infrastructure and staff for manning the Covid-19 patients. The pathetic condition of the patients and improper care and treatment of the patients shown by the media has pained this Court.”

While rapping the State Government of NCT of Delhi and its officers on its knuckles, the Apex Court Bench then further minces no words to observe that, “The State on whom the duty lies to take care of health of its citizens cannot abdicate its responsibility of ensuring that all hospitals including Government hospitals take care of the Covid-19 patients. The duty of the State of NCT Delhi does not end in informing the people that it has arranged 5814 beds in Government hospitals and 9535 beds including private hospitals. The State and its officers are also duty bound to ensure that patients are taken care, attended, provided all medical facility, the hospitals have necessary infrastructure and staff.”

Going ahead, the Apex Court Bench then further observes that, “We have also noticed that the Government App of Delhi itself indicates that the number in testing of Covid-19 patients has gone down in the month of June, 2020 as compared to the month of May 2020. On 27^th May 2020, the number of samples tested is 6018, on 9^th June 2020, the number is 4670, on 11^th June 2020, the total testing in Delhi is reported as 5077 whereas in the State of Maharashtra as 16,000 and in the State of Tamil Nadu as 17675. The media reports indicate that there is an increase in the number of patients affected by Covid-19 every day in the entire country especially in Delhi, Maharashtra, Tamil Nadu, Chennai and Ahmedabad. The number of patients increasing day by day is 10,000 or more per day. We do not understand why the tests have gone down in State of NCT Delhi. Non-testing of the patients is not a solution to the problem rather increase in the testing facility is the duty of the State, so that people may come to know about their health status regarding Covid-19 and they may take appropriate care and treatment of Covid-19.”

While strongly recommending more testing, the Apex Court Bench then states that, “We impress upon the States to ensure that there should be steep increase in the testing both by Government hospitals and private labs and whosoever desires for testing should not be denied on any technical ground or any other ground. The States may consider simplifying the procedure so that more and more tests be held to benefit the patients.”

Why talk about Delhi alone? Why not talk about other states also? Why should they be not discussed?

As it turned out, the Apex Court Bench then pointed out that, “We have also noticed that apart from Delhi, there is a grim situation in the other States also, more particularly, in the States of Maharashtra, Tamil Nadu, West Bengal and Gujarat.”

What’s more, the Bench also then brings out that, “Mr. Tushar Mehta, learned Solicitor General appearing for the Union of India submits that although there are Covid-19 Guidelines on Dead Body Management issued by the Government of India, Ministry of Health & Family Welfare, Directorate General of Health Services on 15.03.2020 which are in the nature of directives, we notice that there is no proper adherence to the guidelines nor the hospitals are giving due care and concern to the dead bodies.”

Worse still, the Bench then also notes that, “The patients’ relatives are not even informed for several days of the death of the patient as has been reported in the media. It is also brought to our notice that the details of cremation as to when the dead body will be cremated are not even informed to their close relatives. Due to which the families of the patients are not even able to see the dead bodies or attend their last funeral rites.” This a terrible and pathetic state of affairs! What can be worse than this?

Needless to say, the Apex Court Bench then states that, “All these facts, which have been brought to the notice of the Court by the media reports, clearly indicate a very sorry state of affairs of the patients of Covid-19 in the Government hospitals in the NCT of Delhi as well as in other States.”

What followed next was ostensibly as anticipated and as the Bench lays bare that, “We, thus, issue notice to the Union of India, NCT of Delhi, States of Maharashtra, West Bengal, Tamil Nadu and Gujarat as well as to the LNJP Hospital in Delhi. We shall also consider issuing notice to other states, Government and Private hospitals subsequently.”

Furthermore, the Bench then adds that, “Mr. Tushar Mehta, learned Solicitor General accepts notice on behalf of the Union of India and Mr. Sanjay Jain, learned ASG accepts notice on behalf of the NCT of Delhi.”

To put things in perspective, the Bench then further adds that, “Let notice be served to other States through the standing counsel of the States as well as through the Chief Secretaries of the State Governments. LNJP hospital, Delhi be also noticed through its Director. We direct that the Chief Secretaries of the States shall immediately take appropriate notice of the status of patients’ management in the Government hospital in their respective States and take remedial action. Status report with regard to Government hospitals, patient care and the details of the staff, infrastructure etc. should be brought before the Court so that appropriate directions be issued by the Court as found necessary on the next date of hearing.”

Finally, the Bench then in the concluding part concludes by observing that, “Notice be issued today itself by the Registry. List the matter on 17.06.2020 for further consideration. Let the affidavit be filed either by the Chief Secretaries or Secretary, Ministry of Health and Family Welfare of the concerned States. With regard to LNJP hospital, Delhi in addition to affidavit by the Chief Secretaries or Secretary, Ministry of Health and Family welfare, affidavit be also filed by the Director of Medical Superintendent of LNJP hospital. Referring to reports in media showing deplorable state of affairs in the hospital.”

As a corollary, the Delhi government immediately swung into damage control mode and said that it accepted the court’s observations with the “utmost respect and with absolute sincerity”. It also made it known that, “The Delhi government is determined to provide health care for all to ensure best possible treatment to each COVID-19 patient. But, if there are any gaps that still remain and is brought to our notice we will act on them sincerely and immediately.”

It must be brought out here that Delhi recorded 1877 new corona virus cases on June 11, its highest single day spike taking the tally in the city to over 34,000 mark, according to health authorities. The death toll stood at 1085. Delhi has the third highest number of corona virus cases in India after Maharashtra and Tamil Nadu.

In conclusion, this latest, landmark and extremely laudable wake-up call coming directly from the Apex Court must cause the concerned States and concerned hospitals to immediately swung into action and make the necessary corrections. There can be no excuses or reasons of any kind on this as it directly concerns the lives of the people! The AAP government in Delhi must especially take effective and speedy action to ensure that the deplorable, degrading and detesting conditions of even big hospitals like LNJP are promptly redressed so that the Supreme Court never again is pained to issue compelling directives as we see now!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

What to do at the time of depression!!!

If you’re depressed to feel a little bit better and I want to make sure you understand what those are but first I want to start by helping you understand what the typical signs and symptoms are:

1- One of the most common signs of depression is a feeling of sadness or irritability that is really pervasive and doesn’t seem to go away no matter what you do if you’re with friends if you’re by yourself the sadness just sort of becomes your reality irritability can also be present and this is much more typical in teens that they will present with more irritability than sadness when they’re dealing with depression.

adult alone anxious black and white — Photo by Kat Jayne on Pexels.com

2- Feeling really hopeless and this can be hopeless about getting better it can be a sense of hopelessness about the future and the ability of sort of achieving your hopes and dreams and again it’s a very tough symptom to deal with because other people can tell you, know you have so much to look forward to or this great thing is happening in your life but if you’re really struggling with depression that hopeless this just kind of takes over and keeps you stuck.

pensive elderly woman in eyeglasses and trendy bomber — Photo by Retha Ferguson on Pexels.com

3- You should be aware of is something called anhedonia. This is really a fancy way of saying a loss of interest in things that you previously used to enjoy so for example you might really be into gardening and all of the sudden you find that no matter how many times you garden or if you try to garden there’s just not the same joy that you’re getting out of it that you used to or maybe you used to really be really social and enjoy spending time with your friends and you find that you just can’t bring yourself to get out of the house and to go and interact with these friends and it’s really difficult to deal with because it’s very hard to motivate yourself. When the things that really used to be what got you out of bed and got you ready for the day no longer hold the same enjoyment and pleasure.

man in blue and brown plaid dress shirt touching his hair — Photo by Nathan Cowley on Pexels.com

4- Either decreased concentration and/or indecision the difficulty with making decisions and this can be really difficult when you have to function either in the workplace or you have a lot of responsibilities at home because you’ll find that it’s harder to complete the tasks that you need to complete and if you do need to make decisions there’s almost like this decision paralysis where you find that you just can’t get yourself to the place of making choices.

adult alone black and white blur — Photo by Kat Jayne on Pexels.com

5- You should be aware of our changes in sleep and this can be either that you find yourself sleeping a lot more than you used to and having like a really hard time getting out of bed maybe you’ve never been a Napper and all of the sudden you’re taking a nap every day on the other side of the spectrum many people who are struggling with depression find that they can’t sleep that they’re racked with insomnia for the first time in their life and they’re laying in bed and their thoughts just keep running around and they’re feeling sad and they’re feeling hopeless and so either too much or too little sleep is a really cardinal sign of depression that you should be aware.

man in black shirt and gray denim pants sitting on gray padded bench — Photo by Inzmam Khan on Pexels.com

6- You should be aware of our changes in appetite or weight and this can be either in the positive or the negative depression sometimes when people are depressed they find that they use food for comfort and end up eating a lot more than typical and gaining weight and sometimes when people are depressed they lose their appetite completely and don’t eat at all and find that they lose weight so if you’ve had any significant weight changes within the last couple months and you also have some of the other signs and symptoms we’re talking about it might be a good idea to consider that there’s some level of depression going on that you’re struggling with so another.

woman in white shirt showing frustration — Photo by Andrea Piacquadio on Pexels.com

7- Lastly sign of depression that we’re going to talk about today is a sense of worthlessness so and really this is very difficult for people to handle because it’s a sense that no matter what they do they’re not enough their life is not enough and it won’t ever be enough and this is such a difficult thing to be dealing with and so I think my overall message as you’re learning about these signs of depression is that if you’re experiencing these please reach out and make an appointment with a licensed professional to talk about this because this is something that can get better and you don’t need to struggle with it on your own if you think that you or someone you love might be struggling with depression please reach out and make an appointment with a licensed professional for an evaluation there are many therapeutic techniques that can help you or someone you love feel better and so I strongly encourage you not to hesitate to get the help that you need.

man wearing the joker makeup — Photo by Jhefferson Santos on Pexels.com

Call on +91 730 459 9836 for a better help to Vandrevala Foundation if you are feeling depressed or you find someone else depressed. (https://www.vandrevalafoundation.com)

Life after corona…

In amidst this global pandemic,life has become very harsh for many poor and middle class people. This lockdown has also locked the earnings making them struggle everyday to meet their daily needs. The biggest question of the hour has turned out to be”when will this pandemic meet an end?”.But it is necessary that we must focus on life after corona.

This corona virus has taught us many things ,it has helped in integration of people not only in the country but also worldwide. This virus has taught us that discrimination of people on basis of caste,religion,region has no sense. It has also became agent of mother earth wherein it brought the pollution levels significantly down all over the world.

It is clear indication that we must start using non-conventional energy sources after this crisis. It is clear that we must understand that humanity is the only religion and serving needy is next to serving god.

We should maintain social distancing at least for following year and help needy. If we all stand United and act wisely we will surely be victorious in this situation and once again we can live that golden days enjoying railway rides, shouting for our favourite team in stadiums and the birds chirping in the forest without our intervention, but for now we must stay home stay safe.

‘Not all men’ vicious – Pseudo Feminism

If you pick up a dictionary, the definition you’ll find for the word ‘feminism’. In simple terms, there shouldn’t be any injustice met out to either sex. They should be treated equally. But, off late, a new type of feminism is developing which is rightly called as pseudo feminism. Pseudo feminists hold a strong resolve to correct all the injustices done to women, mostly by lashing out at men and demeaning them. What they forget is the basic essence of feminism movement: equality. Another form of pseudo feminism, according to me, is the feminism of convenience. The biggest example being: men paying for dates. If we’re as equal as women proclaim to be, why can’t a restaurant bill be split between the two? The reason is simple-men are too egoistic to let a woman pay, and for a few women it miraculously becomes a man’s job to pay for the date. Where, I ask these feminists, does the feminism vanish then?

Feminism is now a muddied term. Difficult to say what it means today. We often don’t realise it, but pseudo feminism is all around us, hiding behind feminism in clandestine. We’re the women shouting for equal rights everywhere, but don’t waste a single minute asking a guy sitting on a Ladies Reserved seat to vacate it. Why do we need reservations in general coaches? Since we’re able bodied, strong, grown-up women of strength, can’t we stand in a general coach? Men doing 9-5 jobs, burning their hours toiling hard to earn, are as tired as we are. It is just a very preposterous notion. Like it’s correctly said, two wrongs don’t make a right.

Although they are in the minority, it’s a crystal clear truth there are men who too are subjected to sexual crimes. The numbers of cases reported to the police are on the lower side, because most of the men don’t report such crime for the fear of being ridiculed at, not being believed and instead facing the charges themselves. Men are mostly kidnapped and abducted for illegal sexual intercourse, forced marriages, prostitution, etc. The number of such victims is really low but it’s a fact we cannot ignore. When we are talking of rising violence against women, we shouldn’t neglect the fact that somewhere out there are men also being subjected to same brutalities.

Board results are a few months away, but a boy has passed with flying colors by refusing to be part of a plan to rape a girl, hatched by the girl herself, who was pretending to be a boy. The boy passed but, many say, feminism failed. They have been saying that for years now. They are not too off the mark though. While it may not have failed, it sure has taken a huge hit.

Fake accounts, false allegations and fraudulent charges have harmed men and their reputations. They are also building a case against women’s right to stay in the fight for justice.
Part of the problem is the fact that the odds are heavily stacked against women. But another part of the problem is the way women used social media to fight this battle.

Each true story helps build credibility. Each false story is turned into a weapon against the fight for gender justice. The girl, who faked herself as a boy, is not part of the Bois Locker Room chats, but the story is now all about this one girl who faked her identity.

So what should women do?

I will answer with what they should not.

One, do not shoot and scoot. Don’t get into it if you cannot stay in it. Weigh in before you jump in. This is for the long haul. There is a lot of mudslinging that happens. You can’t escape the splashes.

Two, do not use fake accounts to bring down men. It’s easy to prove. The consequences are for everyone – the man, the movement and also you. Take care of You. Take care of the fight that is for us to stand equal to men with no biases in workplaces, no casual sexism, no acid attacks, no rapes and no honor killings.

If true feminism was followed, then we would treat all the victims equally. Victims would cease to be women or men, but just victims of abuse. But sadly, that is not the case. Pseudo feminism shouts out loudly that men can’t be raped, men can’t be tormented, and men claiming to have been put under such atrocities are lying cheats. It’s most likely that I would be branded ‘anti-feminist’ by pseudo feminists all around, but I don’t mind. I don’t mind because I know how to stand up for my fellow sisters when they actually need it.

When a woman is put on fire, when she is raped, is brutalized, is stripped naked on the streets, forced to quit her studies to marry a man three times her senior in age, when she is blamed if she is raped, or teased, when a woman is beaten repeatedly for refusing to pressurize her parents into paying dowry, when she is considered inferior to her male counterparts, that is when I need to give voice to my anger and lash out at the people responsible for it. If I am a true feminist, I will do the same if it were a man being stoned on the streets, being raped, being accused of a fake rape, being doubted over just because he is a man. As Gloria Steinem rightly said, a feminist is anyone who recognizes the equality and full humanity of women and men.

Not all men do it, but all women suffer through it.

This is serious. Take it seriously.

Reason behind Sushant’s death- Terrible!!

On the late morning of 14th June 2020 an terrible incident took place which kept everyone in deli ma as the famous actor Sushant Singh Rajput and 34 years old guy from Patna commits suicide. What made a well settled actor made drive this step, reports says that Sushant Singh Rajput was in a sever depression from last few months and doesn’t talk much with the neighbors and watchman as well as relatives further the lockdown boost up this depression. The relation with Rhea Chakraborty were also at not good level this further made him in depression as last relation with Ankita Lokhande were also at red mark. Reports also show that he was living in a house which rented 4 lakhs per month and he was further in financial debt. He was living with one of his friend and 3 maids on 14 June after much trials of calling out to Sushant, amid finally decided to open the door, as the door opened it kept everyone shocked.

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Image source: Instagram (Sushant Singh Rajput)

A talented actor with name, fame, money, respect, young, potential was not excepted to leave the world this much soon. Yet there are many wish list he need to fulfill. Let us have some look.

This is very unfair…

The movies in which Sushant performed:

kai po che!
Suddh desi romance
PK
Detective Byomkesh Bakshy
M.S. Dhoni- The untold story
Raabta
Welcome to New York
Kedarnath
Sonchiriya
Chhichhore
Drive
Dil bichara

It gives proof that depression, Stress, Anxiety doesn’t look at status.

If you need support or know someone who is under depression or suicidal, please reach out to mental health specialists or helplines. AASRA: 91-22-27546669 (24 hours) Sneha Foundation: 91-44-24640050 (24 hours) Vandrevala Foundation for Mental Health: 1860-2662-345 and 1800-2333-330 (24 hours).

The untold story of Sushanth Singh Rajput

“Men have emotions too so don’t be shy to cry. It’s ok to let it out. It’s not weakness but a sign of strength. Be man to feel. Feeling is human.” Tweet from Sushanth Singh Rajput. People can’t beleive that the same man who tweeted can commit suicide.Being a man doesn’t mean you can’t cry or show your pain in any form. Tears and Pain is not gendercentric, as it is a form of expression by humans and all species. Have the courage to express your emotions for better.

My 50 DREAMS & counting…! 😉

Learn how to Fly a Plane ✈️
for IronMan triathlon 🏃🏻‍♂️
Play a Cricket Match left-handed 🏏
Learn Morse Code _..
Help kids learn about Space. 🌌
Play tennis with a Champion 🎾
Do a Four Clap 👏 Push-Up !
Chart trajectories of Moon, Mars, Jupiter & Saturn for a week
Dive in a Blue-hole
Perform the Double-Slit experiment
Plant 1000 Trees
Spend an evening in my Delhi College of Engineering hostel
Send 💯 KIDS for workshops in ISRO/ NASA
Meditate in Kailash
Play Poker with a Champ
Write a Book
Visit CERN
Paint aurora borealis
Attend another NASA workshop
6 pack abs in 6 months
Swim in Cenotes
Teach Coding to visually impaired
Spend a Week in a Jungle
Understand Vedic Astrology
Disneyland
Visit LIGO. 🌇
Raise a horse 🐎
Learn at least 10 Dance forms 🕺🏾🕺🏾
Work for Free Education 📚
Explore Andromeda with a Powerful Telescope 🔭
Learn KRIYA Yoga 🧘‍♂️
Visit Antarctica 🇦🇶
Help train Women in Self-defense 🥋
Shoot an Active Volcano 🌋
Learn how to Farm
Teach dance to kids
Be an Ambidextrous Archer
Finish reading the entire Resnick – Halliday physics book
Understand Polynesian astronomy
Learn Guitar Chords of my fav. 50 songs
Play Chess with a Champion
Own a Lamborghini
Visit St.Stephen’s Cathedral in Vienna
Perform experiments of Cymatics
Help prepare students for Indian Defence Forces
Make a documentary on Swami Vivekananda
Learn to Surf
Work in AI & exponential technologies
Learn Capoeira
Travel through Europe by train

He last used the Twitter on December 2019 which also confirms the news of his depression from last six months.Suicide by sushant singh rajput is a grave reminder to us that you never know what a person is going through. To everyone out there who’s hurting in silence, you may not want to exist right now, but someone is happy that you do.
You are worthy.Never give up.No death note. Preliminary investigation is not yet complete. We don’t really know what has happened, let his soul rest in peace. We have to know the truth. 6 days ago, his ex-manager committed suicide. Police hasn’t ruled out anything yet.One middle class small town guy came to mumbai touched sky against all odds , inspired millions middle class but now you suddenly left , we can’t understand what pain you were going through but we will always miss you.

Did he knew what we know now. He had a list of 50 dreams which meant that he had to fulfill his dreams before he could commit suicide?

The depression we feel, the happiness we enjoy, the moments we live are temporary. Remember everything is a feeling and it doesn’t last long. You can trust anybody except yourself. Don’t become the fool who try to fool the fool within you. The love we get is the love we give. You can expect someone to treat you the same way you did to them but you can’t expect it from the life.

Life is unpredictable and can act unfair to anyone because it has a feeling that feeling is just a feeling and act cruelly. If life turns you upside down then don’t try to escape from it. You rather try to look the life in the way it expects you to look. Then life will change its way to again change you so that your life again comes to normal.

Anonymous: Since resurface

To say that this year has had its ups and downs would be a major understatement. With the series of major events happening on a daily basis, one could almost imagine God sitting up there playing “Apocalypse bingo”. However, jokes aside this pandemic has brought most of the countries of the world to its knees. Leaders across the globe are working frantically to contain the spread of the virus.

However it isn’t all so black and white, as some like Donald Trump are still neck deep in scandals as he very often is. He has often shown sympathy with white supremacists and condoned the acts of high-profile criminals with a similar mindset as him. He has been accused but due to a lack of concrete proof, hasn’t seen justice. This could certainly change soon as he has been forced to take shelter within the president’s bunker, which many speculate is due to the rise in protests of the death of George Floyd who was killed by the Minneapolis police department. This rise in protests could be in part due to the support of an online hacktivist group called Anonymous, who came out of their hiatus of three years. Anonymous started as a hacking prank group from 4chan sites, who did small tome pranks. However over time they slowly shifted towards anti-censorship, and anti-surveillance hacktivism. They have taken part in many wars against giant corporations which while short lived have provided ample evidence of their small-scale cyber guerrilla warfare. Due to them not having a formal leader or head, infighting within the organisation erupts. It is due to this reason that they were unable to hack into Amazon during their “Operation Payback” (in which they had hacked into PayPal.com) .They not only condemned the wrongful killing of Floyd, but also declared an online war against the Minneapolis police due to their repeated systemic racial abuse. They followed through their promise by simultaneously bringing down police servers all across the state. They not only targeted the police but also went after Trump promising to expose his dirty secrets, which they did by leaking not only his ties with Jeffery Epstein, but rather outright naming his a co conspirator in his child trafficking and pornography ring and have called on him for raping, sexual misconduct and numerous other horrendous charges as seen in these transcripts https://www.scribd.com/doc/316341058/Donald-Trump-Jeffrey-Epstein-Rape-Lawsuit-and-Affidavits. They have also named Bill Gates, Bill Clinton and a number of other prominent names to have been a part of Epstein’s illegal activities. As if this wasn’t enough, they have also made allegations on the royal family for staging princess Diana’s death as an accident due to her collecting evidence on the royal family for human trafficking and sexual misconducts, fuelling an already widespread conspiracy theory to new heights. Due to their nature of low-grade DDoS attacks, many social security experts term them as minor threats, however they may change their tune should this gain traction. The twitter account for the anonymous group has already amassed over 6 million subscribers. What the hacktivist group does next is anyone’s guess, however one thing is certain they do not show any signs of stopping soon.

What happens next is for all of us to see.

Dear- Indian education system…

Dear Indian Education System… I have decided to take a huge step, But, before that, you guys need to know a lot of things about me. I used to score amazing till std 10^th when I scored well, leave alone my parents, all my friends, neighbors, shopkeepers… Even the watchman of my building started to say ” You are going to take Science. You will be an engineer” no. Don’t get me wrong. I don’t dislike Science. Science is beautiful science is the ultimate truth but when I came in Std 10^th the half-interested teachers in my school and coaching institute didn’t teach Science at all! All they taught was how to solve maximum number of MCQs in a given time, like a robot that killed the beauty of Science sir. And that Physic’s topper of my class He didn’t believe that evolution actually happened He just wanted to solve maximum number of MCQs So much obsession with Science.

accomplishment ceremony education graduation — Photo by Pixabay on Pexels.com

India hasn’t won a single Nobel Prize in Science Since Independence Nobel Prizes are just “awards” , you’ll say India produces the maximum number of engineers per year Yet, India ranks 60^th in the Global Innovation Index that means no major innovation has happened since Independence, all we keep saying is “Aryabhatta invented Zero” to be honest, after 10th, I wanted to study Physics, Graphic Designing, Coding, History, Music and English Literature Why couldn’t the evaluation of my intelligence and calibers be on the basis of these subjects? Why should’ve I wasted my time studying subjects I didn’t want to study? So, I left the damn coaching institute, used to get out of my home during coaching hours and used to read novels in the park, see new places to be honest, I felt free It felt good not to be a zombie I learnt graphic designing on my own I listened to some beautiful music by Mozart and Rahman I read Poetry, I taught myself Python, and I read some amazing write-ups on various topics of Physics I am taking a huge step. I am dropping out no not because Steve Jobs, Bill Gates and Mark Zuckerberg are drop-outs, not because being a “dropout” is cool, and neither it is because of the frustration of failing.

images (30).jpeg

Dear Indian Education System I am dropping out simply because you do not make any sense and now, you’ll ask me, who will give me a job? Who will feed me? I believe somewhere somebody is there who’ll see my skills. Will value my creativity. Who will value my intelligence, not my CGPA Yes, I failed. but I know there is a lot to do, observe, and learn only my marksheet says that I can’t do anything but I know I will do something good.

an amazing writeup by FMF.

‘National Еarly Childhood Carе and Еducation (ЕCCЕ) Policy, 2013’

Currеnt Scеnario

Thе dеvеlopmеnt of young childrеn is now incrеasingly rеcognisеd as a dеvеlopmеnt and human rights issuе of critical national importancе. Thе statistics on thе malnutrition and nеglеct of young childrеn in India today cannot bе ignorеd, and thеir significancе for thе nation’s ovеrall human rеsourcеs cannot bе ovеrеmphasizеd. Howеvеr, thе Statе’s rеsponsе to thе problеm has bееn slow so far. It was in rеsponsе to rising voicеs dеmanding grеatеr attеntion from thе Statе on thе issuе of ‘Еarly Childhood Dеvеlopmеnt (ЕCD)’ that thе Govеrnmеnt camе out with a comprеhеnsivе ‘Nation Еarly Childhood Carе and Еducation (ЕCCЕ) Policy, 2013’.

Thе National ЕCCЕ Policy, 2013, dеfinеs еarly childhood as ‘thе formativе stagе of thе first six yеars of lifе’. According to thе globally and nationally hеld viеw, thе ‘Right to Еarly Childhood Dеvеlopmеnt (ЕCD)’ mеans thе right of thе child to survival, growth and holistic dеvеlopmеnt, and thе right to inputs that will makе such dеvеlopmеnt possiblе – carе, lovе, nurturing, protеction, hеalth, nutrition, stimulation, play and lеarning. Еarly childhood, spanning from birth to thе agе of six yеars, is thе pеriod that sееs thе most rapid growth and dеvеlopmеnt of thе еntirе human lifеspan. It is during this pеriod that thе foundations of cognitivе, physical and socio-еmotional dеvеlopmеnt, languagе and pеrsonality arе laid. Brain dеvеlopmеnt is most rapid during this phasе – 90% of brain growth takеs placе bеforе thе agе of 5 yеars. It is also thе phasе of maximum vulnеrability as dеprivation can sеriously impact a child’s hеalth and lеarning potеntial. Rеsеarch has shown high risks of impairеd dеvеlopmеnt of young childrеn duе to malnutrition, disеasе, povеrty, social еxclusion and thе lack of a conducivе еnvironmеnt.

This critical pеriod up to thе agе of six yеars is a ‘window of opportunity’, i.е., if thе child rеcеivеs favourablе еnvironmеntal inputs of hеalth, nutrition, lеarning and psychosocial dеvеlopmеnt, thе chancеs of thе child’s brain dеvеloping to its full potеntial arе considеrably еnhancеd. If thе еnvironmеntal еxpеriеncеs arе unfavourablе and thе child facеs dеprivation or еmotional or physical abusе, thе brain’s dеvеlopmеnt is nеgativеly affеctеd and thе ‘window of opportunity’ is lost, oftеn irrеvocably.

Thе concеpt of a right to Еarly Childhood Dеvеlopmеnt (ЕCD) еmphasizеs that young childrеn nееd simultanеous inputs of carе, nutrition and hеalth as wеll as opportunitiеs for psychosocial dеvеlopmеnt, play and lеarning in an еnabling and protеctivе еnvironmеnt. Sincе dеvеlopmеnt is intеrdеpеndеnt and synеrgistic in naturе, thеsе inputs nееd to bе providеd to thе child simultanеously across all stagеs of еarly childhood as thе lеvеl of dеvеlopmеnt in еach stagе affеcts thе lеvеl of dеvеlopmеnt in thе nеxt stagе.

Statеmеnt of Problеm

[1]As pеr thе 2011 Cеnsus, India has 158.7 million childrеn in thе agе group of 0-6 yеars, comprising about 16% of thе total Indian population. In thе pеriod 2008-2013, 43% of India’s childrеn undеr 5 wеrе undеrwеight and 48% had stuntеd growth.

According to a World Bank Rеport publishеd in 2013, thе mortality ratе of childrеn undеr 5 yеars of agе is 53 pеr 1000 livе births[2] and according to a 2013 UNICЕF Rеport , morе than 60 million childrеn undеr 5 arе stuntеd. Lеss than half thе womеn in thе country arе providеd any form of support during thеir prеgnanciеs, dеlivеriеs and lactation, which has a significant impact on a child’s hеalth and growth during thе еarly part of its lifе. Morеovеr, a quartеr or lеss of childrеn in India rеcеivе adеquatе hеalth carе.

Aims And Objеctivеs

Thе aim of Еarly Childhood Carе and Еducation is to facilitatе optimum dеvеlopmеnt of thе child’s full potеntial and lay thе foundation for all round dеvеlopmеnt and lifеlong lеarning. Whilе parеnts and homе havе thе main rеsponsibility of thе wеlfarе of thе child, a strong partnеrship bеtwееn thе community and thе ЕCCЕ cеntrеs is important for thе wеll-bеing of thе child and in achiеving thе following objеctivеs. Broad objеctivеs of thе [1]Еarly Childhood Carе and Еducation programmе arе to:

• Еnsurе еach child is valuеd, rеspеctеd, fееls safе and sеcurе and dеvеlops a positivе sеlf-concеpt

• Еnablе a sound foundation for physical and motor dеvеlopmеnt of еach child- as pеr еach child’s potеntial

• Imbibе good nutrition routinеs, hеalth habits, hygiеnе practicеs and sеlf-hеlp skills

• Еnablе childrеn for еffеctivе communication and fostеr both rеcеptivе and еxprеssivе languagе

• Promotе dеvеlopmеnt and intеgration of thе sеnsеs

• Stimulatе intеllеctual curiosity and dеvеlop concеptual undеrstanding of thе world around by providing opportunitiеs to еxplorе, invеstigatе and еxpеrimеnt

Implications

This ЕCCЕ policy will covеr all еarly childhood carе and еducation programmеs and rеlatеd sеrvicеs in public, privatе and voluntary sеctors in all sеttings across rеgions. Thеsе sеrvicеs includе anganwadis (AWC), crèchеs, play schools, prеschools, nursеry schools, kindеrgartеns, prеparatory schools, balwadis, and homе-basеd carе. Thе policy sееks to univеrsalisе thе provision of ЕCCЕ for all childrеn, mainly through thе ICDS schеmе in thе public sеctor and othеr sеrvicе provisions across systеms. Thе Anganwadi Cеntrе would bе rеpositionеd as a “vibrant child-friеndly Еarly Childhood Dеvеlopmеnt Cеntrе” with adеquatе infrastructurе and rеsourcеs for еnsuring a continuum of thе ЕCCЕ in a lifе-cyclе approach and child-rеlatеd outcomеs. Convеrsion of AWCs into AWCs-cum-crèchеs with a plannеd еarly stimulation componеnt and intеractivе еnvironmеnt for childrеn bеlow 3 yеars will bе pilotеd. Young childrеn with diffеrеnt abilitiеs would bе rеachеd out to. Sеrvicе-dеlivеry modеls will bе еxpеrimеntеd for family, community, and NGOs. To standardisе thе quality of ЕCCЕ availablе to childrеn, basic quality standards and spеcifications will bе laid down valid across public, privatе and voluntary sеctors. A Rеgulatory Framеwork for thе ЕCCЕ to еnsurе basic quality inputs and outcomеs, across all sеrvicе providеrs undеrtaking such sеrvicеs, will bе progrеssivеly еvolvеd at thе national lеvеl and implеmеntеd by Statеs in thе nеxt fivе yеars. A dеvеlopmеntally appropriatе National Curriculum Framеwork for thе ЕCCЕ will bе dеvеlopеd. It will promotе play-basеd, еxpеriеntial and child-friеndly provision for еarly еducation and all-round dеvеlopmеnt

Conclusion

Thе National Policy for Childrеn, 2013

Rеcognisеs that:

a child is any pеrson bеlow thе agе of еightееn yеars
childhood is an intеgral part of lifе with a valuе of its own
childrеn arе not a homogеnous group and thеir diffеrеnt nееds nееd diffеrеnt rеsponsеs, еspеcially thе multi-dimеnsional vulnerabilities еxpеriеncеd by childrеn in diffеrеnt circumstancеs
a long tеrm, sustainablе, multi-sеctoral, intеgratеd and inclusivе approach is nеcеssary for thе ovеrall and harmonious dеvеlopmеnt and protеction of childrеn

Rеaffirms that:

еvеry child is uniquе and a suprеmеly important national assеt
spеcial mеasurеs and affirmativе action arе rеquirеd to diminish or еliminatе conditions that causе discrimination
all childrеn havе thе right to grow in a family еnvironmеnt, in an atmosphеrе of happinеss, lovе and undеrstanding
familiеs arе to bе supportеd by a strong social safеty nеt in caring for and nurturing thеir childrеn

Rеcommеndations

Thе ЕCCЕ programmе should еnsurе ‘holistic dеvеlopmеnt’ of thе child and rеflеct thе insеparablе naturе of carе and еducation by comprеhеnsivеly addrеssing thе nееd for carе, nutrition, hеalth and wеll-bеing of young childrеn and parеnt counsеlling along with supporting thе dеvеlopmеnt of all domains. Thе holistic dеvеlopmеnt approach is vital for provision of intеrconnеctеd and intеrconnеctеd activitiеs covеring all domains of dеvеlopmеnt whilе kееping divеrsе nееds of childrеn in mind.

[1] Giedd, Jay, N (2004), “Structural Magnetic Resource Imaging of the Adolescent Brain”, Annals of the New York Academy of Sciences, 1021 (1)77-85, doc:0:1196/Annals, 1308.009

[2] CECED. (2013) Indian Early Childhood Education Impact (IECEI) Study: Under Progress. Ambedkar University, New Delhi

2See Sections 3.4, 5.2.3 and 10.9 of the National Policy for Early Childhood Care and Education, 2013.

Always be aware of Agents.

Everyone is aware of the name Agents, but here is the clear definition of the Agent, An agent, in legal terminology, is a person who has been legally empowered to act on behalf of another person or an entity. An agent may be employed to represent a client in negotiations and other dealings with third parties. we came across each and every time in any sector whether it is heath, finance, banking, and even education also have agents to get admission in schools and colleges.

There are four types of agents Sales agents, distributors, and Licensing agents

Sales agents :

This type of agent is probably a self-employed sole trader ‘on the road’ selling a range of reproductions, ready-framed pictures, greetings cards and gifts on behalf of perhaps four businesses and/or artists. Sales agents handle sales but do not contribute to other marketing or production costs. They pay for their own car, petrol, hotel bills and insurance. Many sales agents expect financial back-up from their artists in the form of a promotional program (advertisements, mailshots, trade fair stands, etc.), and offering this kind of back-up is a good way for an artist to attract one of the better agents.

Distributors :

Distributors are companies rather than individuals, and they tend to cover the whole country. They are often successful sales agents who have developed into larger concerns employing sales agents of their own. Distributors normally work to develop a corporate image. They have their own marketing programs involving advertising, stands at exhibitions, trade showrooms, catalogs, etc.

Licensing agents :

These agents negotiate licensing deals with print and card publishers, porcelain manufacturers, and giftware companies. Good licensing agents should be able to negotiate better terms and have a wider range of contacts than artists representing themselves, even taking their commissions into account. Some publishing companies, however, will only deal with artists direct. Many print publishers and gallery owners also act as licensing agents for their artists.

Each and every company have agents, which provide the market trend by applying the charges and more, every person, who has a mobile phone they sometimes had experience regarding agents, who tried to sell their policy of life insurance and give home loan and car loan, they always have a target to finish and they get the commissions on each and every person. the same thing happened in the banking sector, when a bank does not grow properly then they hire agents and they sign an agreement to sell credit card and invest money on real estate.

If we look in the education sector whenever any student does not get admission to schools or college, they contact an agent and pay the fees to them and agent cut their commission and give the donation to the education trust then students get admission. the same thing happens in abroad admission when student wont completes their education abroad at that time they contact the agent to get admission in foreign university or college, However, parents also ready to spend their whole money on that thing, sometimes by luck student get admission at the same time agent charge high to the student’s parents, but when a student does not get money back from abroad after rejection on the filing process, then agents do not ready to accept their mistake and also charge same and they do not give the proper answer to the student regarding the money-back process.

So, any person who tries to apply abroad for any purpose like study visa, tourist visa or P.R., please clarify the rules of overseas government and immigration or search online because all countries have a website regarding rules and regulation regarding enter in their country, moreover on social media platform like Youtube also many people from abroad, who keep update us regarding changing immigration rules.

thanks for reading.

State of CHILD LABOUR in the world!

On the rising population there is also rise in demand of family members related to commodities. Many of the family don’t even get 2 meals per day! there is lack of only one thing and that is money. It is said that

“Empty stomach can make you to do anything”

To fill the stomach people can do anything especially when they have family to feed. Now-a-days the crises and cruelty has increased drastically that alone 1 man cannot feed the all 4 members in the lower labour section. So, unwillingly all the family members had to work at the field and contribute some money towards family to sleep without an empty stomach at night.

a photo of a hardworking man — Photo by Tope A. Asokere on Pexels.com

There are many schemes released by government to stop the child labour like making primary education almost free for poor children along with mid-day meal to them so that they do not have to crave for the meals and keep focus on the study, they are also regularly checked by medical if there is any weakness in any of the student. National Child Labour Project (NCPL) is a central government branch which takes strict actions against child labour and works at the best to resist this act. According to UNICEF, India with the highest amount of population has also high number of child labour cases under the age of 14 and 1% of it i.e. approx 1,20,000 are forced to engage in hazardous jobs.

images

Image source: Jatinverma.org

Every year on the day of 12 June it is marked as Anti-Child labour day to draw the attention on the issue of child labour. Every year there is different themes on this day:

In 2020 the theme was “Protect children from child labour, now more than ever”.
In 2019 the theme was “Children shouldn’t work in fields, but on dreams”.
In 2018 the theme was “Generation safe and Healthy”.
IN 2017 the theme was “In conflicts and disasters, protect children from child labour”.
In 2016 the theme was “End child labour in supply chains – It’s everyone’s business!”.
In 2015 the theme was “NO to child labour – YES to quality education!”.

Now the matter is not just to put it to one day and on a piece of paper, it’s a world wide conflict and has to be somehow resolved. Every year various types of acts and event are performed by students of schools, college and NGOs too, but this year digitally the message was forwarded as due to lockdown and pandemic situation rallies, etc cannot be held.

“Why had his mother gone to the trouble of bringing him into the world if the most exciting moment in his life was having been made lame by a bayonet?” -Félix J. Palma

Let us have some stats:

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Image source: Al Jazeera

Protect Children Labor, Now More Than Ever .

Children around the world are regularly engaged in hazardous activities that affect their mental, physical, social or educational development. Every year World Day Against Child Labor Day is celebrated on 12 June to provide a growing and developing environment for children to live a dignified life. In 1919, the International Labor Organisation (ILO) was founded and in 2002″World Day against Child Labour” was established to abolish child labor.

Impact of COVID-19 on Children

World Day against Child Labor 2020 focuses on the impact of COVID-19 on child labor. The COVID-19 pandemic has a huge impact on Livelihoods of the labor market and children are often the first to suffer. The economic slowdown has forced millions of children to left their school and opt for minimal jobs to support their parents for the livelihood. This year, the World Day Against Child labor is being conducted as a virtual campaign and organized jointly with the Global March Against child labor and the International Partnership for Cooperation on Child labor in Agriculture.

If children are provided with a suitable environment to enjoy their life, surely they will contribute to the economic and social growth of the country. So stop child labor, protect the right of children, and support them.

Current Gaps In Access To Justice In India

INTRODUCTION

The Constitution of India mandates equality before law, yet informal practices of exclusion and inequality continue to plague our legal systems. Lack of legal awareness, affordable legal aid, delays and inefficiencies in court, and corruption within law enforcement are all impediments on the road to justice. International human rights standards and modern legal systems unanimously affirm that equitable treatment under law is a fundamental component of democracy. Yet in practice, injustice is rampant across the world, with its largest democracy, India, proving to be no exception. Across the world, socially and economically vulnerable groups bear the brunt of these abuses. “The United Nations has learned that the rule of law is not a luxury and that justice is not a side issue. We have seen people lose faith in a peace process when they do not feel safe from crime. We have seen that without a credible machinery to enforce the law and resolve disputes, people resorted to violence and illegal means.”

– Kofi Annan, Secretary General, UN (1997 – 2006)

Standing in the way of India’s growth story

• India ranks 76 / 176 on Transparency International’s Corruption Perceptions Index

• India ranks 77 / 113 for ‘Regulatory Enforcement’ on the World Justice Project’s Rule of Law Index, 2016

• Wages and business lost annually due to time spent in court hearings amounts to 0.48% of India’s GDP

Access to justice: Building blocks and gaps

Historically, the State’s obligation to ensure access to justice was restricted to:

1.Creation of laws that protected all citizens equally, and

2.Entitlement of every person to defend claims in courts.

For decades after Independence, the Indian government made no efforts to facilitate a population-wide understanding of the law or to encourage use of judicial systems. In 1976, however, India introduced Article 39A to the Constitution, which recognized the right of economically disadvantaged individuals to free legal aid. While this amendment was a step towards bridging the gap between having a justice system and enabling its use, it has had limited success in truly reducing this gap on the ground. In order to address inherent power imbalances in India today and ensure universal access to justice, it is essential to widen the discourse from merely strengthening legal institutions to also increasing citizens’ legal empowerment (i.e. the ability to understand, use and shape the law to secure justice). Access to justice needs to be extended to include all the elements needed to help citizens and individuals seek redressal for grievances (against individuals or the State) and to demand that their rights be upheld.

4 Step Framework To Improve Access To Justice

“Sometimes even highly educated people have a problem understanding, and therefore interpreting, the correct meaning of some of our laws… an attempt should be made to simplify the language of the law so that anyone who reads judgments and laws can easily understand their true meaning.”

– Manmohan Singh, former Prime Minister of India Make laws accessible and comprehensible for legal empowerment

Make laws accessible and comprehensible for legal empowerment

This will enable each citizen to know of and take legal recourse when his/her rights are violated.

Streamline case management processes in courts

This will reduce the period of time for which litigants are embroiled in the system, as well as build greater trust in the system.

Drive accountability and support police and prison systems

This will help these agencies operate more sensitively and effectively to uphold the rights of all citizens including victims, accused, undertrials and the most marginalized

Ensure high quality, affordable legal aid

If one should choose to access courts, guarantees every individual a chance at a fair trial, regardless of economic and social background

No Room For Sympathy While Sentencing Terror Convicts

It is most heartening and most refreshing to learn that in a latest, landmark and extremely laudable judgment, the top court that is the Supreme Court has very rightly held in Union of India Vs Yasmeen Mohammad Zahid @ Yasmeen in Criminal Appeal No. 1199 of 2019 (Arising out of Special Leave Petition (Cri.) No. 461 of 2019) with Criminal Appeal No. 1200 of 2019 (Arising out of Special Leave Petition (Cri.) No. 6899 of 2019) (D. No. 740 of 2019) delivered on August 2, 2019 that there can be no room for sympathy while sentencing terror convicts. This noteworthy and commendable judgment authored by Justice UU Lalit for himself and Justice Indu Malhotra has very rightly while disagreeing with Kerala High Court judgment restored the sentence of seven years imprisonment awarded to a woman, Yasmeen who was convicted for propagating dreaded international terror group ISIS ideology. Very rightly so!

To start with, the ball is set rolling in para 1 wherein it is held that, “Special leave to appeal granted.” It is then observed in para 2 that, “The judgment and order dated 04.10.2018 passed by the High Court of Kerala in Criminal Appeal No. 506 of 2018 has given rise to these two appeals, one by Union of India against acquittal of A2-Yasmeen Mohammad Zahid @ Yasmeen in respect of offences punishable under Section 125 of the Indian Penal Code (“IPC” for short), Sections 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (UAPA for short) and also against reduction in sentence ordered by the High Court for offences under Section 38 of the UAPA, while said A2-Yasmeen is in appeal against her conviction and sentence under Section 120B IPC and Section 38 of the UAPA.”

Briefly stated, para 3 then postulates that, “The case of the prosecution, in brief, was as under:

(a) Pursuant to complaint received on 10.07.2016 in Chandera Police Station, Kasaragod preliminary investigation was undertaken which revealed that 14 persons had left India to join Islamic State of Iraq and Syria (ISIS) which is declared to be a terrorist organisation (Serial No. 38 in the First Schedule to the UAPA).

(b) During the course of investigation, A2-Yasmeen was arrested on 01.08.2016 at Indira Gandhi International Airport, New Delhi while she was attempting to travel to Afghanistan along with her child.

(c) According to the prosecution, there was a criminal conspiracy between original Accused No. 1 (husband of A2-Yasmeen) and A2-Yasmeen from 2015 pursuant to which conspiracy A1 and A3 to A15 left India and joined ISIS in Afghanistan; and A2-Yasmeen was an active participant supporting terrorist activities of ISIS; and she had raised funds to further the activities of ISIS and had received funds which were utilised for supporting the activities of ISIS.”

To be sure, it is then envisaged in para 4 that, “Out of 15 accused named in the charge-sheet all the other accused were declared to be absconding and A2-Yasmeen alone was sent up for trial for the offences punishable under Section 120B IPC, Section 125 IPC and under Sections 38, 39 and 40 of the UAPA. The charges were framed against her in respect of said offences. The prosecution examined 52 witnesses and relied upon various documents and material objects. Insofar as the role attributed to A2-Yasmeen was concerned, the relevant witnesses were PWs 4, 6, 7, 8, 11, 12 and 13.”

To put things in perspective, it is then pointed out in para 5 that, “After going through the material on record, the Special Court for the trial of NIA Cases, Ernakulam, found that the prosecution had established the case against A2-Yasmeen and convicted her for the offences punishable under Sections 120B and 125 IPC and under Sections 38, 39 and 40 of the UAPA and sentenced her to suffer rigorous imprisonment for three years, seven years, seven years, seven years and seven years respectively under the aforesaid five counts. A2-Yasmeen was also directed to pay fine in the sum of Rs. 25,000/- under Section 120B IPC, in default whereof she was directed to suffer three months rigorous imprisonment. The judgment and order dated 24.03.2018 passed by the trial court was the subject matter of challenge at the instance of A2-Yasmeen in Criminal Appeal No. 506 of 2018.”

As it turned out, para 6 then discloses that, “The High Court by its judgment under appeal, set aside the conviction and sentence of A2-Yasmeen for the offences punishable under Section 125 IPC, Section 39 and 40 of the UAPA while upholding her conviction for the offence punishable under Section 120B IPC and Section 38 of the UAPA. The High Court however reduced the substantive sentence from three years and seven years to one year and three years respectively on said two counts. The other elements, namely, sentence of fine and the default sentence were not varied or modified by the High Court.”

Needless to say, para 7 then illustrates that, “During the course of its judgment, the High Court observed as under:-

“The aforesaid evidence of PW4, PW6, PW18 and PW21 who had attended the class of 1^st accused clearly proves the propagation of ideology of IS. Therefore there is absolutely no difficulty in assuming that the class attended by A2 in the house of PW7 and PW8 and taken by A1 was with reference to IS and the Jihad, which according to them was a war against non Muslims…………….

The prosecution has thus proved that the account ending with 251 is of Sonia Sebastian who is the wife of the 1^st accused and the amount was withdrawn from the said account on various dates from 3.6.2016 to 22.07.2016 by the 2^nd accused. Contention is that the money was deposited by A1 in the account of Sonia Sebastian and the ATM card given to Sonia Sebastian was used by A2 for collecting the amounts. It is stated that the CCTV footage would show that the 2^nd accused has withdrawn money from the bank accounts.

The 2^nd accused was arrested on 1.8.2016 and she was under judicial custody in Kannur women prison. At the time of admission, her personal belongings were entered in a register. Among the articles, there were two Idea SIM cards. The SIM cards were seized by PW41 as per P29 mahazar and produced as MO13 and MO14. The articles also contained a memory card marked as MO15. The memory card contained revelation videos and videos relating to ISIS, audio speech of Anwar Alwaki, a brief guide to Islamic State and women of Islamic State. This according to the prosecution further proved that she was preparing to go to Afghanistan at the instance of the 1^st accused. When these facts are proved, the question is, whether the accused had committed any such offence.”

In the backdrop of these proved facts, the High Court then considered whether the offences alleged against A2-Yasmeen under the aforesaid five counts were made out. It was observed that there was evidence to prove that A2 had attended classes of Jihad propagating ISIS ideology by original Accused No. 1 but there was nothing to indicate that she had taken any steps to wage a war or had attempted or abetted waging of such war against any Asiatic Power in alliance with or at peace with Government of India and as such there was no material to sustain the charge under Section 125 IPC. As regards charge under Section 38 of the UAPA it was observed as under:

There is evidence to prove that the 2^nd accused was associated with A1 who propagated ISIS ideology and had gone even to the extent of joining him. Her attempt to proceed to Afghanistan was with a clear intention to meet 1^st accused and to involve in IS related activities. Therefore, she is punishable under Section 38(2)”.”

It would be pertinent to mention here that it is then observed in para 8 that, “In respect of charge under Section 39 of the UAPA the High Court found that though A2 was certainly influenced by the ideology professed by A1, she herself had not arranged any of the acts falling under Clauses (a) to (c) of Section 39. The High Court went on to observe as under:

She had already become a member of the organization as contemplated under Section 38 of the Act. If a person is punishable under Section 38, Section 39 becomes superfluous”.”

Not stopping here, it is then added in para 9 that, “As regards charge under Section 40 of the UAPA, the High Court found that she was not raising any funds for terrorist organisation; the amounts she received were for personal use and for purchasing tickets for travel and other arrangements for herself and for her son and as such charge under Section 40 of the UAPA was not made out.”

Suffice it to say, para 10 then holds that, “Concluding that A2-Yasmeen was guilty of the offences punishable under Section 120B IPC and Section 38 of the UAPA, the High Court considered the case with a lenient view and reduced the substantive sentences in respect of these two offences as stated hereinabove.”

Going forward, while highlighting the importance of mens rea in convicting in such cases, it is then enunciated in para 15 that, “The evidence on record, as culled out by the High Court in the observations quoted hereinabove establishes that A1 was propagating the ideology of IS and advocating among other things, war against non-Muslims; that the classes were attended by A2-Yasmeen; that the videos relating to such speeches were found on her person when she was arrested; and that she was attempting to go to Afghanistan at the instance of A1. These features definitely point the existence of mens rea. The Courts below were therefore absolutely right in recording conviction against A2 in respect of offences under Section 120B IPC and Section 38 of the UAPA. The submissions advanced by Mr. Krishnan, therefore, cannot be accepted and the appeal preferred by A2-Yasmeen must fail.”

Interestingly enough, para 16 then elaborates stating that, “We now turn to the appeal preferred by the Union to see whether the acquittal of A2 for offences under Section 125 of IPC and Sections 39 and 40 of the UAPA was justified. As regards the offence under Section 125 of the IPC, the matter was rightly appreciated by the High Court and we are in complete agreement with the view taken by the High Court.”

Simply put, it is then observed further in this same para 16 that, “Coming to Sections 39 and 40 of the UAPA, these provisions require certain elements in respect of which there is no material evidence on record. For Section 39 of the UAPA to get attracted, support to a terrorist organisation must be within the meaning of either of three clauses viz clauses (a), (b) and (c) of sub Section (1). Similarly, Section 40 requires certain elements on satisfaction of which a person can be said to be guilty of raising funds for a terrorist organisation. None of those features are established as against A2-Yasmeen. The acquittal in respect of charges under Sections 39 and 40 was therefore rightly recorded by the High Court.”

But in the same vein, adding a rider, it is then clarified in para 17 that, “We must however state that the High Court was not right in observing “if a person is punishable under Section 38, Section 39 becomes superfluous”. In our view, the scope of these two Sections and their fields of operation are different. One deals with association with a terrorist organisation with intention to further its activities while the other deals with garnering support for the terrorist organisation, not restricted to provide money; or assisting in arranging or managing meetings; or addressing a meeting for encouraging support for the terrorist organisation.”

Importantly, para 18 then states that, “Lastly, we come to the quantum of sentence in respect of offences where A2-Yasmeen has been found guilty by both the Courts.”

More importantly and more crucially, while rapping the High Court on its knuckles, it is then held in para 19 that, “The only ground that weighed with the High Court while reducing the sentence was sympathy. The material on record indicates the role played by A2-Yasmeen. Even at the time of her arrest, while leaving for Afghanistan, certain objectionable material was found on her person. The intensity of her participation and involvement were clearly made out. In the circumstances, there was no room for invoking sympathetic considerations. The quantum of sentence imposed by the trial court was absolutely correct and adequate.”

Finally and most importantly, it is then held in para 20 that, “In the premises,

A] Appeal preferred by A2-Yasmeen challenging her conviction and sentence under Section 120B IPC and Section 38 of the UAPA is dismissed.

B] Appeal preferred by the Union challenging the acquittal of A2-Yasmeen in respect of offences under Section 125 of the IPC and Sections 39 and 40 of the UAPA is dismissed.

C] Appeal preferred by the Union as regards reduction of sentence awarded to A2-Yasmeen for offences under Section 120B IPC and Section 38 of the UAPA is allowed. The order passed by the High Court in that behalf is set aside and the sentence imposed by the trial court in respect of offences under Section 120B IPC and Section 38 of the UAPA against A2 is restored.”

To summarise, it must be said with certitude that the Apex Court in this latest, landmark and extremely laudable judgment has very rightly reiterated like it has earlier also in many cases that there must be no room for sympathy while convicting the terror convicts. Moreover, it minced no words to hold that in the circumstances, there was no room for invoking sympathetic considerations. So no wonder that the Apex Court set aside the High Court order to reduce the sentence of imprisonment while also restoring the sentence imposed by the Trial Court in respect of offences under Section 120B IPC and Section 38 of the UAPA against A2! Very rightly so! Terrorism is the most heinous crime directed not against one or few individuals unlike other crimes like murder or rape or dacoity or robbery but against the entire humanity which affects all of us and is the biggest threat to our nation as a whole! So there has to be zero tolerance for it! Any display of sympathy will only boost terrorism which no country can dare to ever afford under any circumstances come what may as it will certainly be the surest recipe of unmitigated disaster, destruction and death!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Evidence of a Solitary Witness in a Criminal Trial Requires Heightened Scrutiny

On expected lines and as anticipated, the Supreme Court has most recently on August 6, 2019 in a latest judgment titled Jagdish and another vs The State Of Haryana in Criminal Appeal No(s). 1864 of 2009 has once again very rightly reiterated like many times in the past that the evidence of a solitary witness in a criminal trial requires heightened scrutiny. It is not that the evidence of solitary witness in a criminal trial is not acceptable. It is certainly acceptable but what the Apex Court has wished to make it amply clear in this noteworthy case like in the past is only that the evidence of a solitary witness must be subjected to heightened scrutiny before accepting it and it cannot be accepted just at face value!

To start with, this notable judgment authored by Justice Navin Sinha for himself and Justice Ashok Bhushan sets the ball rolling by first and foremost pointing out briefly in para 1 that, “The two appellants have been convicted under Sections 302, 149 and 148 of the Indian Penal Code (hereinafter referred to as ‘IPC’). Originally there were 13 accused. Only six were charge-sheeted. Two of them were tried by the juvenile court. Seven were summoned under Section 319. The Trial Court convicted three persons. One of them, Ishwar has been acquitted by the High Court.”

To be sure, para 2 then brings out that, “Sri S.R. Singh, learned senior counsel, on behalf of the appellants submits that once the other accused have been acquitted, the two appellants alone cannot be convicted with the aid of Section 149 of the Indian Penal Code. The High Court erred in convicting with the aid of Section 34 in absence of a charge framed under that Section. There is no evidence of any common intention, displaying a prior meeting of minds to commit the assault. PW-1 and PW-8 were not eye witnesses. They reached after the occurrence. Their claim to be high witnesses is highly improbable from their own evidence. An alternative submission was made that in any event at best it was a case for conviction under Section 304 Part-II I.P.C. Reliance was placed on Dalip Singh vs. State of Punjab, AIR 1953 SC 364 : 1954 SCR 145, and Sakharam Nangare vs. State of Maharashtra, 2012 (9) SCC 249.”

Quite the contrary, para 3 then reveals that, “Learned counsel for the State submitted that PW-1 and PW-8, the eye-witnesses to the occurrence had stated that Appellant no. 2 made the fatal assault on the head of the deceased with a lathi while appellant no. 1 also assaulted the deceased. The parties resided in the same locality and there is evidence of a street light. Relying on Khem Karan and others vs. State of U.P. and another, 1974 (4) SCC 603, it was submitted that because PW-1 was the sister of the deceased, the credibility of her evidence as an eye-witness to the occurrence cannot be doubted to grant acquittal in the nature of materials available on the records.”

As it turned out, it is then illustrated in para 4 that, “We have considered the submissions on behalf of the parties and perused the materials on record. The parties resided in the same locality and were known to each other. Animosity existed between them because the son of the second appellant had written love letters to the daughter of PW-1. Earlier an altercation had taken place between the parties on 20.05.1995 leading to a police case being lodged against both sides. There was another incident on 12.06.1995 for which the appellants and the deceased were proceeded with under Sections 107, 151 Cr.P.C. The deceased had been released on bail and was returning from the house of PW-1 on 16.06.1995 at about 9.00 P.M. when the assault is stated to have taken place.”

While elaborating further, it is then pointed out in para 5 that, “PW-8 and PW-1 are husband and wife holding arms licence in their individual names. They are stated to have been accompanied to the place of occurrence by Kamla the sister of PW-8 and one Pali Ram who was also an arms licensee. Surprisingly, the latter two have been given up by the prosecution and have not been examined. All four are stated to have moved away from the place of assault out of fear, as claimed. If three of them were possessed of weapons there has to be an explanation why they did not act in self defence when the assault is alleged by lathis, gandasi and guns. It is also difficult to accept that her husband PW-8 and Palli continued to hide in fear while PW-1 accompanied by her sister-in-law alone shortly returned to the place of occurrence to check on the deceased. An additional fact which is not only improbable but highly unnatural according to normal societal rural customs and mores is that PW-1 accompanied by her sister-in-law alone went to the police station at 3.00 A.M. a kilometer away, to lodge the F.I.R. while her husband and Pali Ram who was staying with them remained at home.”

Going forward, it is then brought out in para 6 that, “In the F.I.R. PW-1 made generalized allegations of assault by all the 13 accused who are stated to have surrounded the deceased. But her court statement was more specific with regard to the nature of assault made by each of the accused. A total of 11 injuries were found on the person of the deceased. The first injury was bone deep in the right parieto occipital region with damage to brain and pieces of bone in the wound. There was injury on the neck, lacerated wound over the right wrist joint over the middle of forearm, on the left side of the chest wall, over the iliac crest, over the left scapular region with a linear incision due to sharp weapon, over left deltoid region and lacerated wound over the right knee left ankle and left forearm. The two appellants were armed with lathis by which an incised wound could not have been caused. In any event, the number of injuries on the deceased leaves us satisfied that it was the result of a mob assault and not an assault by the two appellants alone.”

To put things in perspective, it is then acknowledged by the Apex Court in para 7 that, “The High Court has committed an error of record by considering PW-8 to be an eye witness without any discussion when his presence at the time of occurrence has been disbelieved by the Trial Court. With regard to PW-1, the Trial Court has itself observed that her deposition “does not contain the entire truth and it makes the court to sit up and to find out the kernel out of the chaff”. This observation assumes significance in view of the acquittal of the remaining accused by the Trial Court itself, excluding the juveniles.”

More importantly, the Apex Court then poses a question, sounds a note of caution and while further calling for greater scrutiny of solitary witness as rightly pointed out in para 8 wax eloquently to state that, “The question that arises to our mind is that in the mob assault by 13 persons who had surrounded the deceased at night, PW-1 was the sole eye-witness. Even if a light was burning some of them undoubtedly must have had their back to PW-1 making identification improbable if not impossible. The witness has been severely doubted both by the trial court and the High Court to grant acquittal to the other accused. Can the evidence of a solitary doubtful eye witness be sufficient for conviction? We may have a word of caution here. Conviction on basis of a solitary eye witness is undoubtedly sustainable if there is reliable evidence cogent and convincing in nature along with surrounding circumstances. The evidence of a solitary witness will therefore call for heightened scrutiny. But in the nature of materials available against the appellants on the sole testimony of PW-1 which is common to all the accused in so far as assault is concerned, we do not consider it safe to accept her statement as a gospel truth in the facts and circumstances of the present case. If PW-1 could have gone to the police station alone with her sister-in-law at an unearthly hour, there had to be an explanation why it was delayed by six hours. Given the harsh realities of our times we find it virtually impossible that two women folk went to a police station at that hour of the night unaccompanied by any male. These become crucial in the background of the pre-existing enmity between the parties leading to earlier police cases between them also. The possibility of false implication therefore cannot be ruled out completely in the facts of the case.”

Be it noted, it is then observed in para 9 that, “The High Court concluded that the appellants alone were the assailants of the deceased. Ishwar is also stated to have assaulted with a lathi capable of causing lacerated wounds. We find it difficult to hold that the appellants were any differently situated than Ishwar. The susceptibility of eleven injuries, including incised wounds, by two accused is considered highly improbable.”

While citing the relevant case laws, it is then pointed out in para 10 that, “Therefore, in the entirety of the facts and circumstances of the case, the relationship between PW-1 and the deceased, the existence of a previous animosity, we do not consider it safe and cannot rule out false implication to uphold the conviction of the appellants on the evidence of a doubtful solitary witness, as observed in State of Rajasthan vs. Bhola Singh and Anr., AIR 1994 SC 542, (Cri. Appeal No. 65 of 1980 decided on 25.8.1993):

‘4. From the above-stated facts, it can be seen that the case is rested entirely on the solitary evidence of P.W.1. The High Court has pointed out several infirmities in the evidence of P.W.1. It is well-settled that if the case is rested entirely on the sole evidence of eye-witness, such testimony should be wholly reliable. In this case, occurrence admittedly took place in the darkness….’”

Furthermore, it is then envisaged in para 11 that, “In Lallu Manjhi and another vs. State of Jharkhand, (2003) 2 SCC 401, it was observed that if ten persons were stated to have dealt with blows with their respective weapons on the body of the deceased, and that if each one of them assaulted then there would have been minimum of ten injuries on the person of the deceased. In the present case, as noticed there are 11 injuries on the person of the deceased. Giving the benefit of doubt granting acquittal, it was observed as follows:

’13…..The version of the incident given by the sole eyewitness who is also an interested witness on account of his relationship with the deceased and being inimically disposed against the accused persons is highly exaggerated and not fully corroborated by medical evidence. The version of the incident as given in the Court is substantially in departure from the earlier version as contained and available in the first information report. We cannot, therefore, place reliance on the sole testimony of Mannu (PW9) for the purpose of recording the conviction of all the accused persons.’”

Now let us turn to the concluding paras. Para 12 holds that, “We therefore find the order of the High Court to be unsustainable and accordingly set it aside. The appellants are acquitted. They are directed to be released forthwith if they are not required in any other case.” Lastly, it is then held in para 13 that, “The appeal is allowed.”

In essence, this notable judgment like in the past has fully and firmly endorsed the long held position that conviction can be based on the evidence of a solitary witness but it requires heightened scrutiny. There can be no denying it! It is only after strict scrutiny that evidence should be accepted in such cases!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

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