This Is No Way To Protest And Hold Nation To Ransom

“I am always ready to bear Allah’s full fury but under no circumstances will I ever block road for offering namaz. There was no space in mosque or anywhere else except on road! Offering namaz on road is a big crime for me which I will never commit under any circumstances! Not for a second will I ever do anything that disturbs others and forces them to wait for me to leave road so that they can leave for their own work!”

– Sageer Khan my best friend who in 1993-94 said this to me when I asked him why he was so upset while returning from a mosque and why can’t he offer namaz on road just like others
It is most shocking to see that in his second term as PM Narendra Modi has senselessly, shamelessly and stupidly allowed blocking of roads and so also the Chief Minister of Punjab Captain Amarinder Singh, Chief Minister of Delhi Arvind Kejriwal and Rajasthan Chief Minister Ashok Gehlot also have also allowed for blocking of roads and rail tracks to register their protest against the new farm laws. What is even worst is that even Supreme Court too didn’t promptly order lifting of blockade of roads and rail tracks which is most unfortunate. My best friend Sageer Khan once also rightly said to me way back in 1993 that, “No cause no matter how sacred it may be can ever justify blocking of roads and rail tracks under any circumstances. My friendship will break with you if I ever come to know that you are a party to blocking of road or rail track. But I am sure that you will never ever commit such crime in your life.”
Bluntly put: Any PM who cannot stop blockade of road and rail tracks must promptly resign and pave way for some other capable person! Which Constitution or which law or which religion or which God can justify blocking of roads and rail tracks? To hell with such Constitution or law or religion or God! To hell with all of them or any one of them depending on which ever try to justify blocking of road or rail tracks under any circumstances whatsoever which cannot be ever justified! 
Needless to say: Any PM who cannot stop carrying out of tractor rally or any other parallel rally during Republic Day in Delhi must promptly resign as this definitely lead to giving free hand to hoodlums, criminals, goons and terrorists who will not spare any opportunity to even desecrate Red Fort as we saw most recently during 26 January, 2021 which has shamed our nation in front of the whole world! More than 500 policemen were injured by armed rioters under the garb of farmers and even with folded hands when police cops requested when their was no space left for them to escape then also they kept on beating them mercilessly! Can this be justified in the name of dissent? To hell with such dissent! This can only be justified on the ground of “Might is right” and this is exactly what is happening unabashedly in our country since last two years!
Of course, it was not a coincidence that Khalistani supporters were simultaneously raising anti-India slogans and so also the historic statute of Mahatma Gandhi in America was broken! Can this also be justified in the name of dissent? Can chanting of Khalistani slogans also be justified in the name of dissent? 
More broadly, can carrying of weapons be justified during tractor rally as we saw in Delhi during 26 January? Can tractors be allowed to break all barricading that comes their way? Can tractors be allowed to crush police men if they come in their way?
Why police never spares any person even if a person commits a small mistake like not wearing a helmet etc but on the contrary when many rogues threaten to carry out rallies and dare to throw aside all check posts then they are treated with kidgloves as we saw when more than 300 policemen were injured. How long will mob violence be justified on one pretext or the other? How long will terrorists be glorified in such protests? How long will women and men be allowed to chant that, “Hain Hain Modi Marja Tun Pehla Indira ko thoka hain aab Modi ki bari hain”? Why were such anti-nationals not arrested promptly? Why was all this taken so lightly? 
There are many actors both in India and in abroad who are not coming out in open but who have made it their latest weapon to sponsor such blockade of roads and rail tracks and those foreign forces who are inimical to the very concept of India are the “real force” behind all such fundings and they must be identified at the earliest and exposed in front of the world. It is a national shame that why our government in Centre as well the Supreme Court allowed such dangerous, deplorable, despicable and dastardly blocking of roads and rail tracks which causes maximum inconvenience to the common person for months and months together and now Rakesh Tikait has warned to carry it for a year by end of 2021! All the legal luminaries, senior Supreme Court lawyers and Supreme Court Judges including CJI along with PM and Cabinet Ministers must feel most ashamed that they have allowed this most despicable blocking of roads and rail tracks right under their nose! 
Under no circumstances should the administration both in the State as well as in the Centre should have ever allowed farmers instigated by their leaders for advancing their own interests to occupy roads and rail tracks. India’s international reputation has been worst affected but leaders like Rakesh Tikait among others are least bothered about all this! What is most shocking is that the PM and the CJI have not taken it most seriously due to which this shameful, senseless and stupid act of blocking of road and rail tracks is fast becoming the order of the day! CJI Sharad Arvind Bobde should have first ordered protesters to vacate the road and to give an undertaking that they would never again occupy roads and rail tracks like this before staying the Central laws or appointing a high powered Committee to look into it. But nothing of this sort happened and the result are there for all of us as we saw during Republic day! 
To put it mildly: Our Red Fort was desecrated by hoodlums and vandalisers and this happened right under the nose of the administration. Why was permission given for such tractor parade and that too on Republic Day and that too in Capital itself to so many vehicles that it was virtually impossible to keep a control on all of them? There are many more such troubling questions which keep haunting us who love this nation!
Needless to say, too much freedom and too much tolerance allowed to mob under the garb of farmers or any other form will destroy India completely as it is goons who hijack the agenda as we saw during the Republic day parade! Who is responsible for many places like Ghazipur turning into fortress with nails on roads and concrete walls? It is these hoodlums who tarnished the reputation of India and indulged in wanton violence in which more than 500 police cops were injured which cannot be justified under any circumstances whatsoever!
How can we forget the images of farmers in their tractors considering themselves above law and clashing with the Delhi police at Red Fort where they were not permitted to go and rampaging whatever came in their way and carried out huge destroying of precious items even inside the Red Fort? As if this was not enough, many of them even tried to run tractor over police cops who had to run for saving their lives! Should the CJI and his brother Judges have sympathy for such farmers? Should they allow farmers to hold nation to ransom by blocking all entry points to Delhi?
It cannot be lightly dismissed that among all the Congress leaders, it was Captain Amarinder Singh who is Chief Minister of Punjab who was most vocal in denouncing what all happened under the garb of tractor rally on January 26, 2021. He minced no words to state unequivocally that, “My head hangs in shame at what happened yesterday in the national capital.” He also said categorically that those who were responsible for the incident were not farmers but misguided youth who were indulging in symbolism. How can this or blocking of roads be ever justified? Why rail tracks in Punjab were allowed to be blocked for months together? 
What message has gone out? Why judiciary too allowed this most despicable act of blocking of road right under its very nose? Why were these protesters allowed to take the nation for a ride and injure as many as more than 500 police personnel? What message are we setting? 
It is a no-brainer that this farmers movement has defamed India to the hilt. Spineless, senseless and shameless justification of violence under the garb of farmers protest and blocking of roads and rail tracks cannot be justified under any circumstances. Who is having the last laugh? It is countries like Canada, UK, US, Italy and Germany among others who openly support Khalistani movement and encourage them to rebel against India by allowing openly anti-India and pro-Khalistani activities on their soil and allowing them to vandalise even statutes of Mahatma Gandhi as we saw in USA! 
Should we be proud of this? It is not just a coincidence that it is mostly celebrities from these countries who are expressing maximum concern for what is purely an internal issue of India but which Opposition parties are wanting to spare no opportunity to internationalise it. It is not just a coincidence that governments of these countries are voicing maximum concern over farm laws and this despite the irrefutable fact that USA has lent its support to the farm laws under the new President Joe Biden as mentioned in the newspapers of February 4, 2021!
Never take your enemy for granted. This where India always err. Why are protesters becoming a convenient tool in the hands of foreign powers? Why are Mir Jafars and Jai Chands being allowed to set the agenda of blocking roads for an indefinitely long period so as to tarnish, tatter and toss the impeccable reputation of India to the hilt? 
I am sorry to say but this is no way to carry out a movement! We have become a laughing stock in front of the world for which farmer leaders who have misdirected farmers cannot escape from being held accountable. Why farmer leaders allowed this sacred agitation to be hijacked by radical separatists organizations who are openly advocating a separate Khalistan for Sikhs? Why Sikhs for Justice which is one such separatist organization was allowed to take the centrestage that had gone to the extent of even giving a clarion call to the Sikhs to reach the Red Fort on 26 January and unfurl the Khalistani flag and insult the national flag? Why Centre took it most lightly and why permission was granted to tractor rally which was more a terrorist rally in which we saw violent protesters trying to crush our police cops, run over barricades and vandalise Red Fort in a manner that is completely unprecedented? Centre has a lot of explaining to do on this just like in the case of Shaheen Bagh! 
The locals are also simmering in anger as it is their right to livelihood and right to free passage that is getting worst affected due to this endless farmers agitation. We have seen how tension broke out in Tikri border where more than 100 people gathered and demanded the removal of protesters from the main Rohtak Road which has been blocked for the last more than two months. How long will the locals keep patience? Why Supreme Court gave the green signal for protest to continue on roads? Do only protesters have fundamental rights? What about others who face immense difficulties and trouble in their livelihood due to such blockades? Are they second grade citizens? Only vandalisers, hoodlums, violent agitators and road blockers entitled to fundamental rights for which our Supreme Court speaks most vociferously! What about others? Should others just keep on tolerating every nonsense quietly? This is what happened during Shaheen Bagh agitations due to which riots broke out when protesters tried to block other places also feeling emboldened to block Shaheen Bagh for more than 100 days!
Pintu Kumar who is a resident of the nearby Baba Haridas Nagar at Tikri Border said that these protesters “broke our trust” and “insulted” the national flag on January 26, when the farmers abetted by some selfish and vested leaders took out the disgraceful, disastrous, dangerous, shameful, senseless and stupid tractor rally to embarrass our nation. He rightly said that, “These people cannot be farmers, as a Kisan will never attack a Jawan. These are anti-social elements. We initially supported them and gave them food as well but they have broken our trust by resorting to violence on Republic Day.” The NIA report and intelligence report had also warned of Khalistani terrorists having entered the tractor rally and farmers protest but still stupidly sanction was granted for tractor rally and the results are there for us to see for ourselves! Most shocking indeed!
Why is it that we see maximum protesters from just Punjab and one or two other states only? Why is it that Gen Bajwa of Pakistani Army wanted Kartarpur Corridor to open fast and why huge hoardings of Khalistani Referendum 2020 not taken seriously? Why is it that drones from Pakistan were entering India and dropping weapons and still we took it lightly? It is high time that we wake up and stop this mockery of our national interests for the sake of appeasement of one religion alone. Why can’t we worship in our own country? My best friend Sageer Khan once said that “Even if Allah commands me to come to Pakistan I will refuse as nation, parents and religion can never be changed and so why should I go to Pakistan to worship? Why can’t I worship him in my own country? India is the best place for Muslims to live in.” 
Movements on roads like the Shaheen Bagh sit-in by blocking road connecting two cities – Delhi and Noida for more than 100 days and now this protest against farm laws for more than 2 months are not a revolutionary upsurge as some suggest but symbol of “India Celebrating And Inviting Lawlessness, Indiscipline, Khalistani Agenda And Violence And Insulting India’s Pride Like Red Fort” which cannot be justified under any circumstances! Even all those Opposition parties who are lending their support – open or covert in any manner have only served in discrediting India as a safe place to live in! They have certainly not covered themselves in glory by hailing those who attacked our policemen and even tried to murder them by running them down under tractors!
It cannot be denied that every government has the prerogative to make new laws or make suitable changes in the existing ones. If Centre erred in not sending the farm bills to the Select Committee for discussion and in promulgating Ordinances and later converting it into law in a hurry as former Union Minister Ajit Singh points out, this by itself cannot be a justification to block rail routes as happened in Congress ruled states like Punjab and Rajasthan or block entry routes to Aam Aadmi Party (AAP) ruled Delhi. Is it not the common person who is bearing the maximum brunt of all this nonsense? How can PM, President and CJI allow ever all this nonsense to happen right under their very nose? Will this promote “rule of law” or “rule of jungle” where “Might is right” holds the ground? What are we trying to make of India?
Why thousands of crores of rupees are being allowed to be wasted due to such shameless, senseless and stupid blockades? Can farmers be above our nation and law? Can they smash vehicles, hail terror leaders like late Bhindrawale, try to run down police personnel with tractors, attack anyone who try to stop them with swords and call for gunning down PM Narendra Modi just like earlier late Mrs Indira Gandhi was gunned down? Certainly not!
How can the CJI maintain a conspicuous silence on all this? Why can’t he order prompt removal of protesters from all roads and rail tracks? Most baffling! 
Why is blocking of road and rail tracks taken so lightly even by the Apex Court? Why it took so long for the Apex Court to deliver a ruling that condemned blocking of roads? Why still were farmers then allowed to block roads and why CJI didn’t order their prompt removal from roads?
Why is it that Apex Court stayed farm laws which many Judges like Justice Deepak Gupta of Supreme Court felt was not proper as it was not the remit of the Apex Court but why no such promptness was shown in ordering protesters to stop blocking of roads in Delhi and why no initiative was taken in this regard by the CJI? Why were the common people left to suffer in the cold? How can this be justified under any circumstances?
Why are farmers going overboard on this issue and why they are feeling more encouraged by Supreme Court’s inaction in making them vacate roads and increasing political support by parties who are just concerned about their vote banks thereby completely disregarding our national interests in the longer run? Why Rahul Gandhi instead of advising Centre to build bridges and not walls maintained a stoic silence when farmers were rampaging Delhi and desecrated even our national monuments and national pride – Red Fort? Why this dubious double standards? 
Who is responsible for Centre ensuring that iron rods are hooked between two rows of cement barriers on a flank of the main highway at the Singhu border to further restrict the movement of protesters, agitating against the Centre’s new farm laws? It is those farmers themselves who indulged in lawlessness, violence and rampaging on Republic Day even after assuring the police that they would not indulge in violence of any kind due to which more than 500 police personnel got injured! Why Opposition leaders never say a word on this? Clearly, this only shows that there is more to it than meets the eye! 
One still fervently hopes that good sense prevail over farmers also now and they see the dangerous game plan that is being played by some leaders who are only interested in serving their own vested agenda at the cost of farmers! Centre has taken a very balanced stand on this and has always agreed to hold talks time and again to review the farm laws instead of holding that it is non-negotiable! Foreign actors, leaders and even foreign countries have no right to meddle in India’s internal matters with clear design to malign India and this has been underscored by many celebrities like Sachin Tendulkar among others!
No doubt, this is no way to protest that you block road and rail tracks and become overjoyed that neither State nor Central Government acted tough and even Supreme Court refused to order prompt removal from these sites due to which people face maximum inconvenience and business worth thousands of crores of rupees is adversely affected! It is a no-brainer that there are some foreign powers and powerful terror groups who are behind all the sabotage that happened on 26 January and who don’t want that India should run smoothly on roads and rail tracks! Should PM, CJI and President allow them to have the last laugh by tolerating blockade of road and rail tracks quietly or should they display zero tolerance towards it as we have seen since independence till some time back when Shaheen Bagh episode spoiled everything? It is for them to introspect and decide on this! If not checked now this will become the most dangerous trend in India and our democratic system will be completely destroyed which we can certainly ignore only at the risk of our own peril!
Sanjeev Sirohi

New Perspectives on Happiness & Peace

New Perspectives on Happiness & Peace (ISBN 978-81-951119-5-4)  provides a platform for happiness and Conscious Organizations research. New Perspectives on Happiness & Peace is committed to enhance holistic happiness and build conscious citizens. The scope of Book includes Individuals, Teams, Organizational, National happiness evaluations and prescriptions for improving the metrics. Besides this it aims at promoting stakeholder focus on Conscious Organizations which is a consequence of employees’ well-being and a conscious contribution to the society.

New Perspectives on Happiness & Peace is a book that publishes conceptual, quantitative and qualitative research papers relating to Individual, Team, Organizational, Societal and Cross cultural Happiness for realizing inner-peace and achieving well-being of employees, citizens and other stakeholders. The aim of the journal is also to encourage researchers to study and start discussions on leading platforms among the learned bodies on need for creating conscious Organizations as a key solution for enhancing Organizational Happiness and Peace. We welcome research papers with a methodological focus and papers bringing out on critical issues related to the happiness and creation of conscious Organizations and Peace.
New Perspectives on Happiness & Peace welcomes original research papers, review papers and book summaries related to happiness, creating and sustaining Conscious Organizations within the limits of academic and ethical standards. We invite ideas from all parts of world to submit their writings to AJHP. The basic condition for acceptance in Book is Originality, clarity, Novelty, relevant literature review, Interpreted findings, and best use of appropriate methods of research. This Book publishes Research Papers, Case study, & Book Reviews based in the Sub themes mentioned.
All papers submitted will be published in an ISBN book hard copy / e-book depending on prevalent pandemic situations. All publications will be done only if the guidelines and comments of the reviewers are incorporated, failing which they will be unfortunately delayed for the next issue after approved corrections are timely done. 
The expected learning outcomes are placed below. readers will –
1. Classify philosophical, scientific and academic literatures along with subjective experiences for aligning the existing strategies for the future work and happy workplace.
2. Advance an understanding of the 5 R-I-G-H-T Pillars of Happiness.
3. Ponder on how to use research findings to develop intervention and priorities for nurturing and sustaining Happiness at all levels in Organizations or Individual lives.
4. Analyse the development / creation of a Global Happiness Ecosystem & Infrastructure.
INDICATIVE AREAS FOR NEW PERSPECTIVES ON HAPPINESS & PEACE
1. R-Revisiting: Concepts about Happiness, Peace, Organizational Happiness, Team Happiness, Individual happiness & Conscious Organizations
2. I- Interpreting: Organizational Happiness & the Peace Conscious Practices adopted by Legendary Individuals, Societies, Organizations & Nations
3. G- Gaps between Leader & Employees: Gaps in vision, mental models, intentions, beliefs, wisdom, competencies, willingness that can either accelerate or de-accelerate the development of Conscious Organizations. 
4. H- Happiness Infrastructure: Building and analyzing frameworks that accelerates the creation of Conscious Organizations
5. T- Togetherness: Happiness is the cause of the Peace. And peace is a desired social outcome. It becomes natural to seek proposed frameworks or advance theories that promote togetherness beyond the family borders & political borders.
Topic Guidelines for BOOK CHAPTER Submission but is not limited to:
Legendary Happiness
Emerging New Normal at Workplace
Alignment of Leader-Employee relationship
Insights of Organizational Happiness
Technology role in Sustaining Happiness
Leader and Employee relationship
Strategies of Joyful, Healthy life
Turbulent zones in Mental Health of Leaders
Self-Compassion
Vibrant Organizations
Webinar Unhappiness
Well-Being of Students & employees
Happiness Ecosystem
Memory and Happiness
Habits & Happiness
Public Policies & Citizens Happiness
National Happiness
Perception Conflict
Measures of well-being and happiness 
Happiness & Meaning of work
Quality of Organizational life
Employees Aversive to promote their own Organization
Leader’s Happiness
Boss Management for workplace happiness
Mindfulness
New age methods for Stress Management
Empathy
Determinants or consequences of happiness
Happy Teachers
Smart happiness & happy communications
Happiness inequality
Peace building initiatives by Government
Governance Happiness
Peace Building Strategies adopted by Businesses
Conflict resolution
Ineffectiveness of methods to transfer human values
Sustainable Happiness
Happiness Hypothesis
Role of Failures in building Happiness

India @75

We’re going to enter in the 75th year of our Independence on 15 August, 21.

As I’m not a political leader so I”ll not talk about what we’ve gained in last 5 years , or in last decade or in last 25 years. As it is said it’s good to appreciate yourself but it’s also necessary to criticize yourself . A simple google search can tell you what we’ve gained since independence. So , now let’s see what we’ve lost since independence.

At the time of independence , we’ve not only lost many lives & a part of our land & but we’ve lost our peace , our fraternity , & the love , for ever. And then after the independence , the list continued. We’ve lost the morality , the sympathy , the kindness & the care. In short , we’ve lost The Humanity.

We still repeat the pleadge “All Indians Are My Brothers And Sisters” , but we’ve lost this fraternity , years before.

Years before , we talked about sex ratio , we talked about death rate , we talked about infant mortality rate , we talked about literacy rate but amidst of all these we’ve lost a lot.

Sex ratio haven’t yet improved since independence but the situation is now worser than what it was in 1947. At the time of independence , at least the little girls & the old women were safe. They were safe in their neighborhood, with their relatives, they were safe in religious places . But amidst their education , we’ve lost the respect for women( ok ok , I’m not talking about every age group , but the little girls & old women had some respect at that time ) . Ohk , I agree we’re in better condition now , but relax I’m just talking about the need of time.

Well , we’ve talked about death rates & infant mortality rates & off course we’ve improved a lot in this field. But we’ve lost the humanity , believe me we’ve completely lost it. At least that was the time when unknowns too used to care about your little ones , they used to give some respect to the dead person. But now , accidents are games of wait & watch.

And some devils are just too eager to have some so called pleasure , that they didn’t even look at a infant like a infant , they treat them as a object. Of course their desires has nothing to do with the gender & age ( some people say it’s all about beauty , body & clothes ). We’re losing humans day by day.

Better not to talk about the literacy, as the education without morality can’t do anything good.

On the 75th anniversary of independent India ,we”ll have all that which is needed to be a developed country but what about all that which is needed to be a Human ? Will we celebrate India @ 75 as a zombie ?

FARMERS’ PROTEST: GOVERNMENT’S PLANS TO OPPRESS THE MOVEMENT TAKES A HIT WITH INTERNATIONAL ATTENTION POURING IN

Iron nails, rods, barbed wire, boulders, makeshift walls….. These are not the visuals from a war front. This is how the largest democratic government in the world is preparing the country capital to face its farmers. The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 was passed by the parliament followed by the approval of the President in September 2020. Since then, the farmers mainly from regions of Haryana and Punjab are protesting in the outskirts of New Delhi against the bill. Several rounds of discussions between the farmers and the government representatives have taken place but none of them was fruitful. The government had earlier offered to suspend the farmers’ bill as part of negotiations to end the protest but the farmers were loath as they demanded a complete abrogation. 

The protestors took hold of the major highways at Singhu, Ghazipur and Tikri, thereby isolating the national capital. It is in the third month that the protest took a violent turn when protesters and police clashed after thousands of farmers entered Delhi as part of a massive tractor rally, on January 26th. Several injuries were reported and a protester lost his life during the commotion. The police used tear gas and water cannons along with brutal lathi-charge to oppress the rally. Media personals who reported the incidents in favour of the farmers were also arrested with sedition charges. The government has disconnected the fuel, power and water supplies to the protestors as part of oppressing the movement. The shutting down of the internet and the mobile networks by the government in and  around the protest sites in order to “ensure public safety” have further fueled up the rage among the farmers. 

To prevent the protestors from entering the city again, the government has deployed force at the capital borders with Haryana and Uttar Pradesh and have begun blocking the area around the protests by placing large concrete slabs , spools of razor wire, heavy metal barricades , layers of stone boulders and embedding huge iron nails across the breadth of the roads leading to the protest sites. Only few selected vehicles are permitted to go beyond the barricading with media vehicles being strictly prohibited. With the movement gaining international attention and support as many notable faces from across the world vouched support for the farmers, it won’t be easy for the government to oppress the farmers agitation anymore. 

Pressing Breasts Without Disrobing Not “Sexual Assault” As Per POCSO Act But Offence Under Section 354 IPC

To begin with, if there is one judgment of Bombay High Court which is attracting maximum attention and a lot of strong reactions from even the top court, it is this one which is titled Satish vs The State of Maharashtra in Criminal Appeal No. 161 of 2020 delivered on January 19, 2021 in which the Nagpur Bench of the Bombay High Court has held that groping a child’s breasts without ‘skin-to-skin contact’ would amount to molestation under the Indian Penal Code but not the graver offence of ‘sexual assault’ under the Protection of Children from Sexual Offences (POCSO) Act. A single Bench of Bombay High Court of Justice Pushpa Ganediwala made the aforesaid observation while modifying the order of a sessions court that held a 39-year-old man guilty of sexual assault for groping a 12-year-old girl and removing her salwar. The Court has now sentenced the man under Section 354 IPC (outraging a woman’s modesty) to one year imprisonment for the minor offence.

As we see, this judgment authored by a single Judge Bench of Justice Pushpa V Ganediwala of Nagpur Bench of Bombay High Court sets the ball rolling by first and foremost pointing out in para 2 that, “This is an appeal against the judgment and order dated 05.02.2020 in Special Child Protection Case No. 28 of 2017 passed by the Extra Joint Additional Sessions Judge, Nagpur, by which the appellant is convicted for the offence punishable under Sections 354, 363 and 342 of the Indian Penal Code (hereinafter referred to as IPC) and Section 8 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as POCSO Act), in Crime No. 405 of 2016 registered at Police Station Gittikhadan, Nagpur, District – Nagpur.”
Be it noted, para 3 then states that, “For the offence punishable under Section 8 of the POCSO Act read with Section 354 of the IPC, the appellant is sentenced to suffer R.I. for three years and to pay fine of Rs. 500/-, in default of fine to suffer R.I. for one month. For the offence punishable under Section 363 of the IPC, the appellant is sentenced to suffer R.I. for two years and to pay fine of Rs. 500/-, in default of fine to suffer R.I. for one month. For the offence punishable under Section 342 of the IPC, the appellant is sentenced to suffer R.I. for six months and to pay fine of Rs. 500/-, in default of fine, to suffer R.I. for one month. All the substantive jail sentences were directed to run concurrently. The appellant is given set off for the period of sentence, he has already undergone.”
While dwelling on the prosecution story, the Bench then puts forth in para 4 that, “The prosecution story, in brief, is as under : 
i) On 14.12.2016, the informant (mother of the prosecutrix) (PW-1) lodged a report at police station Gittikhadan, Nagpur, stating therein that the appellant took her daughter (prosecutrix) aged about 12 years, on the pretext of giving her guava, in his house and pressed her breast and attempted to remove her salwar. At that point of time, the informant reached the spot and rescued her daughter. Immediately, she lodged First Information Report. On the basis of the said FIR, crime came to be registered against the appellant / accused vide Crime No. 405 of 2016 (Exh. 1) for the offence punishable under Sections 354, 363 and 342 of the IPC and under Section 8 of the POCSO Act.”
To be sure, para 11 then reveals that, “At the outset, the informant – PW-1 and the prosecutrix – PW-2 are the star witnesses. The age of the prosecutrix at the relevant time was 12 years and this fact is not seriously disputed by the learned counsel for the appellant.”
It is worth noting that it is then mentioned in para 12 that, “The informant – PW-1 – the mother of the prosecutrix deposed that the incident took place on 14.12.2016. On that day at about 11.30 AM, her daughter – the prosecutrix (name kept undisclosed) went to bring guava. As she did not come back for a long time, she started searching for her. Her neighbour told her that the appellant, who was staying in the vicinity of their house, took her daughter to his house and showed her the house of the appellant. PW1 went there calling “Laxmi, Laxmi”. She saw the appellant coming down from the first floor. She asked the appellant about the whereabouts of her daughter. He denied the presence of the prosecutrix in his house. PW-1 searched for her daughter on the ground floor and then she went up to first floor. The room was bolted from outside. She opened it and found her daughter. Her daughter was crying. She took out her daughter from that room and her daughter narrated the incident that on the pretext of giving guava to her, the appellant brought her to his house and pressed her breast and when he tried to remove her knicker, she shouted. Thereafter he went out, after bolting the room from outside. Immediately, PW-1 along with her daughter proceeded for Police Station and lodged report.”
Going ahead, it is then stated in para 13 that, “PW-2 – Prosecutrix testified that on the day of incident, when she was going to bring guava, the appellant caught her hand and told her that he will provide guava to her and he took her to his house. He tried to remove her Salwar and pressed her breast. Then she shouted. The appellant pressed her mouth by his hand. The appellant went down by closing the door of the room from outside. Thereafter, her mother opened the door and entered the room and brought her outside. Then they went to Police Station for lodging report.”
Truth be told, it is then observed in para 15 that, “A perusal of the testimony of PW-1 and PW-2 on the point of incident would reveal that both the witnesses are consistent on the point that the appellant pressed the breast of the prosecutrix. With regard to removing of knicker, though in her chief PW-1 stated that the appellant/ accused was trying to remove knicker of her daughter, however, in cross examination she has corrected her statement and deposed that she told the police that the appellant tried to remove Salwar of her daughter. The prosecutrix deposed about removing of her salwar. So there is no confusion with regard to whether the accused tried to remove salwar or knicker.”
Simply put, it is then stated in para 18 that, “Evidently, it is not the case of the prosecution that the appellant removed her top and pressed her breast. The punishment provided for offence of ‘sexual assault’ is imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. Considering the stringent nature of punishment provided for the offence, in the opinion of this Court, stricter proof and serious allegations are required. The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of ‘sexual assault’. It would certainly fall within the definition of the offence under Section 354 of the Indian Penal Code. For ready reference, Section 354 of the Indian Penal Code is reproduced below :
“354. Assault or criminal force to woman with intent to outrage her modesty. – Whoever assaults or uses criminal force to any woman, with the intention to outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.””
As it turned out, it is then made clear in para 21 that, “Section 7 of the POCSO Act, defines sexual assault and the minimum sentence provided is three years and Section 354 of the Indian Penal Code, which is related to outraging the modesty of a woman, prescribes minimum sentence of one year. In the instant case, having regard to the nature of the alleged act by the appellant and having regard to the circumstances, in the opinion of this Court, the alleged act fit into the definition of the offence as defined in Section 354 of the Indian Penal Code.”
What’s more, it is then brought out in para 25 that, “The learned APP read out Section 7 of the POCSO Act, which defines sexual assault and submitted that the act which has been proved by the prosecution “pressing of breast” comes within the definition of sexual assault under Section 7 of the POCSO Act.”
Hence it is then observed in para 26 that, “It is not possible to accept this submission for the aforesaid reasons. Admittedly, it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin to skin with sexual intent without penetration.”
Now coming to the concluding paras. Para 27 lays down that, “In view of the above discussion, this Court holds that the appellant is acquitted under Section 8 of the POCSO Act and convicted under minor offence u/s 354 of IPC and sentenced him to undergo R.I. for one year and to pay fine of Rs.500/-, in default of fine to suffer R.I. for one month. The sentence for the offence punishable under Section 342 of the Indian Penal Code i.e. six months and fine of Rs.500/-, in default to suffer R.I. for one month, is maintained. The accused is on bail. His bail bond stands forfeited. Issue Non-bailable warrant against the appellant – accused. All the substantive jail sentences shall run concurrently and the appellant – accused is entitled for set off under Section 428 of the Code of Criminal Procedure.” Finally, it is then held in the last para 28 that, “Criminal Appeal stands disposed of accordingly.” 
It cannot be lightly dismissed that none other than the top court has stayed this ruling which acquitted a 50-year-old labourer from Maharashtra’s Gadchiroli district holding that groping a minor without removing her clothes was not sexual assault but molestation after Attorney General KK Venugopal pointed out that the judgment was likely to set a dangerous precedent. Venugopal added that, “It will mean that if a cloth is touched no case under Section 8 of the POCSO Act is made out. This Court must take notice of the judgment.” Justice Pushpa Ganediwala had ruled that the act of holding the hands of a minor “prosecutrix” or unzipping trousers in front of her, an act witnessed by PW-1 (prosecution witness1), in the opinion of the court did not fit with the definition of aggravated sexual assault. She reversed the conviction of the man Libnus Kujur for aggravated sexual assault that was a charge brought against him because the child was younger than 12 years of age.
Of course, it cannot be lightly dismissed that a petition filed by advocate Manju Jetley on behalf of the Youth Bar Association of India said that the High Court had also named the minor victim in its judgment which violated Section 228B of the IPC. It also cannot be lightly dismissed that the National Commission of Child Rights (NCPCR) and the National Commission for Women (NCW) took a serious note of the January 19 ruling. NCW expressed a desire to challenge the judgment before the Supreme Court and NCPCR wrote to the Maharashtra Chief Secretary to seek a review of the ruling. It added that, “It has been observed by the Commission (NCPCR) that the prosecution has failed in representing the case of the victim properly. If the prosecution had made the submissions as per spirit of the POCSO Act, the accused would not have been acquitted of the serious offence against the minor.” 
Furthermore, the letter added that, “Further, the remark “skin-to-skin… with sexual intention, without penetration” also needs to be reviewed and the State should take note of this, as it seems to be derogatory to the minor victim.” This condemnable incident had happened on February 11, 2018. On October 5, 2020, a special POCSO court in Gadchiroli convicted the labourer under Sections 354-A(1)(i) (sexual harassment) and 448 (house trespass) of the IPC and Sections 8 (punishment for sexual assault), 10 (punishment for aggravated sexual assault) and 12 (punishment for sexual harassment) read with Section 9(m) (sexual assault of a child below 12 years of age) and 11(i) sexual harassment) of the POCSO Act. He was sentenced to five years rigorous imprisonment for aggravated sexual assault. 
It is worth noting that Section 7 of the POCSO Act defines sexual assault of a child as “whoever, with sexual intent touches the vagina, penis, anus or breast of such person…” What is most problematic in this judgment is that the single Judge Bench of Justice Pushpa Ganediwala who delivered this judgment stated that, “as per the definition of sexual assault, a ‘physical contact with sexual intent without penetration’ is an essential ingredient of the offence” with “physical contact” requiring “skin-to-skin contact” and not just any contact. Strictly speaking, if this is agreed to, it would be interpreted as that if an offender uses a condom while penetrating the child, this would not amount to an offence since there was no direct contact. How can this be justified ever? Also, it cannot be overlooked that the serious offence under POCSO Act which carries a minimum of three years imprisonment which may extend to five years along with fine was reduced to Section 354 of IPC which carries a considerably lower punishment of only one year of minimum imprisonment. In addition, this case was delayed for nearly four years.
We cannot afford to ignore that Flavia Agnes who is an eminent women who has done extensive research in cases of child sexual abuse and is co-founder of Majlis Legal Centre while differing from those who commented that the Judge Pushpa Ganediwala who was elevated to the Bombay High Court in 2019 lacks exposure to the letter and spirit of the POCSO Act pointed out in her enlightening editorial titled “Weakening The Law” in ‘The Indian Express’ dated February 1, 2021 that, “ Lawyers and activists engaged with the RAHAT project of Majlis Legal Centre have closely observed the manner in which she conducted the trials in cases of child sexual abuse even before the enactment of the POCSO Act, when she was the trial judge for sexual offences against women and children in the Bombay City, Civil and Sessions Court. In our first case, which involved the sexual abuse of a four-year-old and where the police had delayed filing an FIR, she had convicted the accused, a watchman, for seven years. A high-profile criminal lawyer, Majeed Memon, appeared for the accused supported by the trustees of the school. On the other hand, our support person was a fresh graduate with no exposure to criminal courts. But it was the Judge’s sensitivity that helped in a fair trial. In another case which concerned the father raping his daughter, where the FIR was filed after 18 months, she had argued that when the police refused to register a complaint, how can the illiterate mother be blamed for delay in filing. She convicted and sentenced the accused to 10 years of rigorous imprisonment. The most challenging case she presided over is the sexual abuse by multiple men at Kalyani Mahila Bal Seva Sanstha in Navi Mumbai. We had marvelled at the manner in which she conducted the trial. There were around 10 accused and some survivors had to be examined in sign language. In May 2013, six accused were convicted, including the founder-director, of the rape of five mentally-challenged female inmates, three of whom were minors. One of the victims died after she was gang raped. Hence, prime accused and director of orphanage was also convicted of murder. So what happened in this case. Why such a mindboggling judgment that has been condemned by all concerned stakeholders – one which can become a precedent to be followed by subordinate judiciary? The harm that has been caused to the minor in this particular case as well as all future cases, cannot be easily overlooked. This judgment needs to be set aside and the comments expunged to repose the faith of all survivors of sexual violence in the judicial system.” 
So we have to concede that Justice Pushpa has a good track record and it is only in this judgment that she has erred for which she certainly deserved to be reprimanded but her entire career should not be put in jeopardy! It also cannot be ignored that mandatory sentences are counterproductive to the aim of reducing crime or acting as a deterrent. But regarding this judgment’s strong criticism we also cannot overlook what is mentioned in the editorial of Hindustan Times dated January 26, 2021 that, “The ruling is disturbing. It is a literal interpretation of the law and overlooks the fact that POCSO does not mention clothing as a factor in the crime of molesting a child. This is a matter of violating the bodily integrity of the victim. The interpretation also does not recognize the long-term psychological damage that child sexual abuse victims suffer. This reading of the law will dilute cases of child abuse and make it difficult to ensure justice. The National Commission of Women has pointed out that the order will have a cascading impact on women safety and trivialized the legal architecture in place, and has decided, rightly so, to challenge the order. The issue should also force a relook at the wording of the Act and other laws, which deal with child abuse. There can be no room for ambiguity in child abuse cases and any loophole which allows for this must be plugged at once.” 
All said and done, one has to always concede that there has to be zero tolerance on sexual offences especially in child abuse cases. All the loopholes must be first quickly identified and then deliberated, discussed and debated upon and then reformed adequately to meet the present circumstances where the cases of violence and sexual offences against children are increasing very rapidly! No doubt, there can be no leniency at all for sexual offences against children! 
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh

Sector Theory

 Following Burgess, Homer Hoyt, an economist, propounded an alternative, proposition of urban structure and its growth pattern in 1939. Through sectors model, Hoyt tried to overcome the weaknesses of the earlier theory. Hoyt argued that cities do not develop in the form of simple rings, instead, they have “sectors”. It was mainly based on residential rent pattern and impacts of transportation development. This theory is the result of an empirical study of 34 American cities, in which he observed that high rent areas are located in one or more sectors of the city. He prepared a map showing how rent changed by sectors irrespective of concentric circle. Generating from the maps of housing features and land uses pattern of cities, he analyzed the impact of transportation the recreational areas and other changes. 

Homer Hoyt suggested that few activities grow in the form of sectors which radiates out along the main travel links. Activities in a sector are considered to be the same throughout the sector because of the purpose/function it serves. Land use within each sector would remain the same because like attracts like. The high-class sector would stay high-class because it would be the most sought after area to live, so only the rich could afford to live there. The industrial sector would remain industrial as the area would have a typical advantage of a railway line or river. These sectors can be housing, industrial activities, etc. These sectors grow along railway lines, highways or rivers.

                                                                   Sector model 

Components of Hoyt Model

a) CBD – Central Business District 

It is placed at the center. Sectors and the partial rings of land use/activities take place. This area is often known as downtown and has high rise buildings. Inner city area or downtown area is a complex and dynamic organism. It represents many layers of historic growth of many generations impact of cultural and traditions of men who inhabited the city as tourists. The combinations of these layers and the way they are held together in the city gives imageability, out of its socio-cultural heritage. As the cities expands and modern technology and scientific innovations transformed the style of living and also the structure of the city, open spaces were being eaten up by built forms resulting in congested and unhealthy environment. 

b) Industry 

Industries are represented in the form of a sector radiating out from the center. These forms sector because of the presence of a transport linkage along which the activities grew. Presence of railway line, river or road would attract similar activity, and thus a continuous corridor or “sector” will develop. 

c) Low-Class Residential 

Low-income groups reside in this area. Narrow roads, high population density, small houses with poor ventilation exist in this area. Roads are narrow and often connect to the industries where most of the people in this sector work. Closeness to industries reduces the travel cost and thus attracts industrial workers. Environmental and living conditions are often inadequate because of the proximity to factories. 

d) Middle-Class Residential 

This area has middle income groups who can afford more substantial travel cost and want better living conditions. The activities of people residing in this area consist of different activities and not just the industrial work. It has more linkages with CBD along with some linkages to industries. This area has the most significant residential area. 

e) High Class residential 

This is the outermost and farthest area from the downtown (CBD). Wealthy and affluent people live in this area. This area is clean, has less traffic, quiet and has large houses. Corridor or spine extending from CBD to the edge has the best housing. 

Features of sector model 

  •  Presence of low-income groups near industries supports Hoyt Model 
  • The Hoyt model realized that transportation (in particular) and access to resources caused a disruption of the Burgess model. 
  • Transport linkages profoundly influence activities and their locations. Low transportation cost and proximity to roads/railway reduce the cost of production. 
  • This model applies well to Chicago 
  • Account for major transportation routes and its effect on activities 

The significance of Hoyt Model 

  • Ecological factors and economic rent concept to explain the land use pattern 
  • Stress on the role of transport routes in affecting the spatial arrangement of the city 
  • Both the distance and direction of growth from the city center are considered 
  • Brings location of industrial and environmental amenity values as determinants in a residential place 
  • Example: Sectors of high-class residential areas tend to grow towards higher grounds, sites with a better view, more open space, the homes of influential leaders within the community and existing outlying, smaller settlements. 

Limitations of Sector Model 

  • Only Railway lines are considered for the growth of sectors and do not make allowances for private cars. 
  • It is a monocentric representation of cities; multiple business centers are not accounted for in this model. 
  • Physical features – physical features may restrict or direct growth along specific wedges 
  • No reference to out of town development 

Both sectors model and concentric zone, have the common concept of CBD i.e., the Central Business District and outward expansion. Where former differs in terms of differential radial growth from CBD or centre. He explained that sectors develop because of the difference in accessibility from outlying portions to the core region. Thus, it also includes the development of concentric patterns within the zone. 

Contrary to Burgess’ Concentric Zone theory, the sectors theory assumes that land rents changes from Sector to Sector not in the form of successive concentric ring area. The development of a sector is determined by various factors, such as, planning, transportation, class character of residents and other facilities available to that particular sector. Within the residential sector it has been observed through study that the inner portions are found to be having older houses and newer constructions are found on the outer fringes.

INSURGANCE OF OTT PLATFORMS DURING COVID TIMES

The imposition of lockdown on account of the COVID 19 pandemic marked a major retard in the growth of many leading industrial giants. Unlike the rest, OTT  is one among the few industries which marked an exponential growth since its inception. Though the OTT platforms are not a fresh face in the entertainment industry, the burgeoning of the sector was a never expected one until lockdown happened. Amazon Prime, Netflix, Disney Hotstar are the few OTT platforms which benefited from the imposition of lockdown. 

The television broadcasting companies failed to meet the demands of its viewers and was forced to rerun existing contents as the production industry was under a halt. The average screen time has simultaneously increased which resulted in people searching for fresh contents. The video on demand services gained popularity over the masses as it provided the flexibility to watch contents on our likes at our wish.  In addition to this,  these platforms released their fresh as well as original contents consistently and managed to maintain the initial consumer interest. These conveniences dragged the viewers towards OTT services and generated a buzz by increasing the traffic into these platforms even during the pandemic times. While the theatres and multiplexes remained closed for many months, film producers noticed the scope of the OTT industry and made an audacious move by releasing their films digitally for the first time to cater to a wider set of audience. 

It is estimated that an average person spends around 40% of their waking hours in front of a screen which makes almost seven hours a day. The OTT platforms have added a whopping 3-4 million subscribers to their existing viewership. This figure also included people viewing more non-broadcast content on platforms like YouTube and gaming sites. Just like how television revolutionised the early 90’s, OTT is bringing a new wave of change to the entertainment industry. These changes are always for the better and are inevitable.

Myanmar – Democracy behind the bars

Myanmar , India’s neighbor , attained freedom in 1948 , a year after India gained the freedom. Still , democracy differes the two countries . While India is a democratic country , Myanmar’s political history is full of its struggles for the democracy. After a long struggle for democracy constitutional provisions were accepted in 2011 by the military but military continued to hold some powers.

Now , after a decade of democracy , the military again seized the power in its hand on February 1 , 2021. Myanmar’s democratically elected & popular State Counsellor Aung San Suu Kyi , President Win Myint & other leaders were detained in a military coup.Noble Peace Prize winner Suu Kyi played important role in Myanmar’s movement for democracy & was elected as first state counsellor of the country in 2015. Suu Kyi’s party NLD came into power again in December 2020 with a huge victory, but may be this victory irked the military generals. The military accused the government of voter irregularities in the this election.

A few days ago , military denied of their plan to takeover. But now the democracy has been seized by the military & emergency is declared for a year. Former general Myint Swe would be acting as a president for the next one year. Roads were sealed off around the capital by armed troops & trucks.

The world leaders condemned the coup.

This coup is going to affect the Indo – Myanmar relations due to military’s pro-china policy.

After US Capitol riots , this was another sad incident for all the democracy supporters.

LOCKDOWN WIDENS THE VOID BETWIXT QUEER COMMUNITY AND SOCIETY

The past year was indeed a difficult time for the world owing to the COVID 19 pandemic and the lockdown imposed following it. Though the entire population got affected by this adverse conditions, there were certain minor communities and groups like the transgender community which had the bitter taste of it. There were active discussions and discourses on the impact of the lockdown on women facing domestic abuse, but the atrocities and adversities faced by the LGBTQ communities were the least spoken about. Being the have-nots of normal society, the life of the queer community in a pandemic affected locked down scenario was found to be the worst. 

The basic social liberties were always denied to the queer accounting to their physical and psychological divergence and aberant sexual orientation. They were neither included in the mainstream by the government nor had any access to public health care, education, steady job opportunities etc which along with the lack of support from their families resulted in the financial subsiding of the community. In many cases, staying home also became a potential danger to many, where they fell prey to violence from their family members or partner.

For a section whose normal daily life in itself is a hurdle, life in lockdown was nothing but catastrophic. While the majority of us worried about being confined into the comforts of our home during lock down, these destitutes were perturbed over losing the shade over their head. The Indian Hijra community who depended on the streets for their livelihood got literally ‘locked’ inside their residences with no basic supplies or access to money. As they were disdained from the ordinary jobs, street dancing, prostitution and begging were their only source of income and these ‘jobs’ required immense social interaction which was impossible during lockdown. The void between the society and queer community got widened with the imposition of lockdown and the already outlying community was pushed off to further disdain. The society along with the government should consider them at least as humans if not as citizens and take necessary measures for eradicating the stigma regarding the marginalized communities by making them a part of relief programs. 

Toycathon 2021 – One Of Its Kind

Beautiful , Colorful , Cheap toys. India is full of varieties of toys. Nevertheless , India’s share in global toy market is too little. But I hope the secenerio will change soon as the government is now promoting the Indian toys & the Indian toy market.

Recently , under the “Aatm nirbhar Bharat Abhiyan ” & ” Make in India Scheme” , union government launched the ‘Toycathon’, a hackathon for students , teachers & toy experts to develop innovative toys/games concepts.
Toycathon 2021 is an inter-ministerial initiative organized by Ministry of Education’s Innovation Cell with support from All India Council for Technical Education, Ministry of Women and Child Development, Ministry of Commerce and Industry, Ministry of MSME, Ministry of Textiles and Ministry of Information and Broadcasting.

Toycathon 2021 is based on nine themes namely Indian culture, history, knowledge of India and ethos; learning, education and schooling; social and human values; occupations and specific fields; environment; divyang; fitness and sport; out-of-the-box, creative and logical thinking and rediscovering traditional Indian toys. It has three varients of tracks , track 1 is for junior students which mainly focuses on primary level development of hardware ; the second track of HEI’s students involves AI and advance practices to develop better & affordable quality of toys , the third track of professionals focuses on overall innovation & development of prototypes to boost up the quality & production of toys in markets.

This Toycathon is unique in its way of inviting school students to innovate , design & conceptualise toys.

February 2021 is going to be special for the innovators & for the Indian toy market.

All the very best to participants.

BEHIND THE SCENES: A CONCEALED FACE OF THE FASHION INDUSTRY

The fashion-cosmetic industry is a multibillion-dollar consumer-focused ever-growing global enterprise that has become an indispensable part of our lives. Everyone has a fashion or cosmetic brand which is close to their heart, but are heedless of its dark side. Animals and animal materials are vastly used in the industry, but the barbaric processes behind this are often left unaddressed. Certain kinds of animals are overbred for the production of fashion products with animal materials resulting in the extreme use of resources and the production of organic and toxic waste. These animals are denied basic comforts of living where they are confined in abhorrent conditions with restricted space for movement, mere food and brutally slaughtered at the end. Certain exotic endangered species also fall into this wretched fate for fashion. When affected with diseases, these animals are often rejected medical care and are placed alive in plastic bags to die. 

Animals are skinned alive for fur, feather, leather, wool, etc and are also subjected to various chemical experiments for the cosmetic industry. Millions of animals including unborn calves are skinned for the production of leather, a timeless trend of the fashion industry. These animals are treated ruthlessly where they reach the factories deprived of food, water and rest; are castrated and skinned alive by hanging upside down and eventually bled to death. Many believe that sheep are not harmed for the production of wool but on the contrary, they also have to undergo inhumane treatments like mulesing during the process. It is estimated that about 1 million sheep die from exposure to cold as the wool which is meant to protect them from the weather is sheared off in winter itself to meet the market demands. In Australia, a global leader in merino wool production, sheep are specifically bred to have wrinkled skin to increase wool production. But this makes their skin more prone to flystrike, a condition where the flies lay eggs in the skin folds and maggots eat the sheep alive. In order to prevent flystrike, mulesing, a practice in which huge pieces of skin are carved off the buttocks area is done. This process which causes great pain to the animal is carried out without anaesthesia. The sheep are sent to slaughterhouses once their wool production descends. Birds like parakeets, egrets, ostriches, and animals like mink, chinchillas, foxes, dogs, rabbits, cats etc caught for their feathers and fur also undergo the same fate. 

In order to ensure the safety of the customers, the companies of cosmetic and personal care products use animals to test their products. As the New England Anti-Vivisection Society (NEAVS) describes, animals are subject to “testing new drugs to infecting with diseases, poisoning for toxicity testing, burning skin, causing brain damage, implanting electrodes into the brain, maiming, blinding, and other painful and invasive procedures.” Mice, birds, rabbits, monkeys, dogs, and cats are the common victims of vivisection (live testing) and spend the majority of their lifetime inside cages of laboratories. The exposure to these chemicals have severe impacts on these animals.  Pain relievers are never provided and they always die or get killed at the end of each test. 

We should strive to help these animals to have a life instead of “trapping animals in bone-breaking steel traps, clubbing them to death, electrocuting them through the mouth or anus, breaking their necks and backs, skinning them alive”. A fashion industry without harming animals is always possible and we all share this responsibility as this world is theirs too.

Pronam to Vallalar on his Death Anniversary: Great Saint, Poet and Human being

From the ancient period onwards many saints were born in India in different periods. Many literatures are also available about them but we should remember them time to time so that young generations and children know about their teachings and activities One famous saint who was not only popular in India but also in the world is Arutprakasa Vallalar Chidambaram Ramalingam born on Sunday, 5 October 1823, at Marudhur village near Chidambaram, present Tamil Nadu.  Vallalar was the fifth child of Sri Ramayya and Smt Chinnammai. On 30 January 1874 i.e. exactly 147 years ago he left for heavenly abode.

   His pre-monastic name was Ramalinga, but popularly known in India and across the world as Vallalar, also known as Ramalinga Vallalar/ Ramalinga Adigal. He was not only a famous Saint and also one of the renowned Tamil poets of the 19th Century. From childhood and even while he was infant endowed with many events which depict he was a saint. During infancy while praying with parents at Thillai temple, a priest saw Vallalar mesmerised with God and was smiling.  He loved privacy and spent most of his time in the temple.

Important teachings of Vallalar inter alia are:

1. Form of God is Arutperunjothi (Supreme grace of light).

2. Love is the master key to spirituality.

3. Religious ceremony has no meaning.

4. Meditation is the form of prayer.

5. Realisation of truth in all religions.

6. Caste and other social divisions have no meaning.

   He was a great human being and was against the Caste system as he severely condemned the rituals and caste beliefs. He endorsed the widespread love and brotherhood. According to him hunger and poverty are the two main enemies of the society and till across the world mainly in developing countries hunger and poverty are considered as curses for the human beings. As an academician and worked as a rural development functionary I have observed ‘Absolute Poverty’ in some countries in Asia and Africa.  For the benefit of readers, I wish to mention that ‘Absolute Poverty’ means the people do not have minimum income to lead normal lives and to meet basic needs.

Anyway   Vallalar was a righteous person and his motto was service to human beings that is why in order to conduct prayer constructed a Sathyagnana Sabha. According to him, “This sabha is a common place for everyone, who follows San maargam (good way)”. He also founded Sathya Dharmasala at Vadalur to feed the poor people, indicating his feelings for the poor echelons of the society. It is pertinent to mention that the Sathya Dharmasala provides food to everyone, irrespective of caste and religion throughout the year, undoubtedly a praiseworthy initiative. Vallalar showed his love and mercy not only to human beings but also on plants, insects, birds and animals. This is called “Jeeva Karunya” (Mercy to life). Also it is noteworthy to mention that, one of the primary teachings of Vallalar is ‘Service to mankind is the path of Moksha’ and per Collins dictionary ‘Moksha means freedom from the endless cycle of transmigration into a state of bliss’.  The path of compassion and mercy are the only path to God. Keeping this in mind, in 1872, he established ‘Sathya Gnana Sabai’, i.e. ‘Hall of True wisdom Forum’. It is pertinent to mention that his devotional songs have been compiled in a volume called ‘Thiru Arutpa’.

Pronam to the  great saint on this date of his death anniversary on 30 January 2021  as he made an indelible mark in the history of India by teaching us love and compassion to human beings  without considering caste, and other social issues and also taught us to serve the needy and poor who are in distress. 

The following websites have been consulted while writing the article:

1)  https://www.jaisrinarasimha.com/gurumarghal.php?lang_type=en&guru=rama

2)   https://en.wikipedia.org/wiki/Ramalinga_Swamigal

3)   http://www.textbooksonline.tn.nic.in/Books/08/SocSci-EM/History/chapter_6.pdf

4)   https://myschoolmystudents.blogspot.com/2019/02/samarasa-suddha-sangam-

      1865.html

5)   http://www.vallalardeivanilayam.org/

(The author extends his thanks to Dr. P. Natarajamurthy, Associate Professor, Department of Economics, Bharathidasan University, Tiruchirapalli, Tamil Nadu for his support by providing necessary information)

               Dr Shankar Chatterjee, Hyderabad

Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl

In a balanced, bold and brilliant judgment titled Vijayalakshmi & Anr. v. State & Anr. in Crl.O.P.No.232 of 2021 and Crl.M.P.No.109 of 2021 delivered on January 27, 2021, the Madras High Court minced no words to state unequivocally that, “Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of POCSO Act.” The remarks were made while highlighting the rampant misuse of the POCSO Act by families for prosecuting the partner of their teenage daughters. A single Judge Bench of Justice N Anand Venkatesh therefore insisted that the legislature must keep pace with the changing societal needs and bring about necessary changes in law and more particularly in a stringent law such as the POCSO Act.

To start with, the ball is set rolling by first and foremost pointing out in para 1 about the intent of the petition that, “This petition has been filed seeking to quash the proceedings pending in Special S.C.No.24 of 2018 on the file of the learned Sessions Judge, Mahila Court (Fast Track Mahila Court) Erode.” 
As we see, it is then stated aptly in para 2 that, “This is a very peculiar petition that has been filed by the Defacto Complainant and the victim girl, jointly seeking for quashing the proceedings pending against the 2nd Respondent who is facing trial before the Court below for offences under Section 366 of the Indian Penal Code, 1806, Section 6 of the Prevention of Child from Sexual Offences, 2012 (hereinafter referred to as “POSCO Act” or “the Act”) and Section 9 of the Prohibition of the Child Marriage Act, 2006.”
While elaborating further, it is then stated in para 3 that, “It is seen from records that the 2nd Petitioner, victim girl, is well known to the second respondent, and they were in love with each other. Ultimately, they decided to get married and went away from their respective homes and a police complaint came to be filed before the 1st Respondent and the same has now resulted in criminal proceedings against the 2nd Respondent before the Court below.”
As it turned out, the Bench then states in para 4 that, “Ms. Doulagh Nisha, Inspector of Police was present at the time of hearing through video conferencing and she informed this Court that the petitioners have approached her and informed her that they do not want to continue further with the criminal proceedings against the 2nd Respondent. It was informed to her that the 1st Petitioner wants her daughter to get married and that the same is getting delayed due to the criminal proceedings, thereby only causing more mental agony to the Petitioners.”
To put things in perspective, it is then envisaged in para 5 that, “The Defacto Complainant and the victim girl were also present at the time of hearing through video conferencing. This Court examined the victim girl and she stated that there was a love affair between herself and the 2nd Respondent and that she is not willing to undergo this agony any further and wanted the criminal proceedings to be quashed.” 
Adding more to it, it is then laid bare in para 7 that, “The father of the victim girl who was examined as PW1 also did not support the case of the prosecution and he was treated as a hostile witness.”
Still further adding more, it is then brought out in para 8 that, “The mother of the victim girl was also present at the time of hearing through video conferencing. She stated that let bygones be bygones, she wants her daughter to get married and settled in life. She further stated that she is not interested in pursuing the criminal proceedings any further and that same can be quashed by this Court.”
Significantly, the Bench then brings out in para 10 that, “This Court is instantaneously reminded of an earlier order passed by a learned Single Judge of this Court, in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl 110, wherein he had discussed in detail about the cases in which persons of the age group of 16 to 18 years are involved in love affairs and how in some cases ultimately end up in a criminal case booked for an offence under the POSCO Act. The relevant portions of the judgment are extracted here under for proper appreciation: 
“ 21.When this case was taken up for hearing, this Court became concerned about the growing incidence of offences under the POCSO Act on one side and also the Rigorous Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped against teenagers, who fall victim of the application of the POCSO Act at an young age without understanding the implication of the severity of the enactment.
26.In addition to the above, this Court is of the view that ‘warning’ of attraction of POCSO Act must be displayed before screening of any film, which have teenage characters suggesting relationship between boy and girl.
27.Apart from the above, this Court is of the view that as per the 3rd respondent’s report, majority of cases are due to relationship between adolescent boys and girls. Though under Section 2(d) of the Act, ‘Child’ is defined as a person below the age of 18 years and in case of any love affair between a girl and a boy, where the girl happened to be 16 or 17 years old, either in the school final or entering the college, the relationship invariably assumes the penal character by subjecting the boy to the rigours of POCSO Act. Once the age of the girl is established in such relationship as below 18 years, the boy involved in the relationship is sure to be sentenced 7 years or 10 years as minimum imprisonment, as the case may be.
28. When the girl below 18 years is involved in a relationship with the teen age boy or little over the teen age, it is always a question mark as to how such relationship could be defined, though such relationship would be the result of mutual innocence and biological attraction. Such relationship cannot be construed as an unnatural one or alien to between relationship of opposite sexes. But in such cases where the age of the girl is below 18 years, even though she was capable of giving consent for relationship, being mentally matured, unfortunately, the provisions of the POCSO Act get attracted if such relationship transcends beyond platonic limits, attracting strong arm of law sanctioned by the provisions of POCSO Act, catching up with the so called offender of sexual assault, warranting a severe imprisonment of 7/10 years. 
29.Therefore, on a profound consideration of the ground realities, the definition of ‘Child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18. Any consensual sex after the age of 16 or bodily contact or allied acts can be excluded from the rigorous 46 provisions of the POCSO Act and such sexual assault, if it is so defined can be tried under more liberal provision, which can be introduced in the Act itself and in order to distinguish the cases of teen age relationship after 16 years, from the cases of sexual assault on children below 16 years. The Act can be amended to the effect that the age of the offender ought not to be more than five years or so than the consensual victim girl of 16 years or more. So that the impressionable age of the victim girl cannot be taken advantage of by a person who is much older and crossed the age of presumable infatuation or innocence”.”
More significantly, it is then made clear in para 11 that, “There can be no second thought as to the seriousness of offences under the POCSO Act and the object it seeks to achieve. However, it is also imperative for this Court to draw the thin line that demarcates the nature of acts that should not be made to fall within the scope of the Act, for such is the severity of the sentences provided under the Act, justifiably so, that if acted upon hastily or irresponsibly, it could lead to irreparable damage to the reputation and livelihood of youth whose actions would have been only innocuous. What came to be a law to protect and render justice to victims and survivors of child abuse, can, become a tool in the hands of certain sections of the society to abuse the process of law.”
Equally significant is what is then stated in para 12 that, “As rightly recognized by the Learned Single Judge of this Court in Sabari’s Case (cited supra), incidences where teenagers and young adults fall victim to offences under the POCSO Act being slapped against them without understanding the implication of the severity of the enactment is an issue that brings much concern to the conscience of this Court. A reading of the Statement of Objects and Reasons of the POCSO Act would show that the Act was brought into force to protect children from offences of sexual assault, sexual harassment and pornography, pursuant to Article 15 of the Constitution of India, 1950 and the Convention on the Rights of the Child. However, a large array of cases filed under the POCSO Act seems to be those arising on the basis of complaints registered by the families of adolescents and teenagers who are involved in romantic relationships with each other. The scheme of the Act clearly shows that it did not intend to bring within its scope or ambit, cases of the nature where adolescents or teenagers involved in romantic relationships are concerned.”
It is also worth noting that it is then rightly pointed out in para 16 that, “In light of the above, it is only natural that there are cases of the above-mentioned nature that are on the rise at present and it does not help matters to avoid acknowledging that the society is changing and influencing people’s identity and cognition, constantly. Therefore, painting a criminal colour to this aspect would only serve counter-productively to understanding biosocial dynamics and the need to regulate the same through the process of law.”
Of course, it is then conceded in para 17 that, “This Court is not turning a blind eye to cases where the victim or survivor may, under the effect of trauma that they have undergone, studies on which show that they might tend to reconcile with the same by blaming themselves or convincing themselves that the element of consent was infact present. Nor is this Court scientifically justifying in toto, the genuineness or predicament of the accused in every case where it appears that the accused and victim child have been in a romantic relationship. That will depend on the facts and circumstances of each and every case.” 
Most significantly, it is then made absolutely clear without mincing any words in para 18 that, “In the present case, the 2nd Petitioner who was in a relationship with the 2nd Respondent who is also in his early twenties, has clearly stated that she was the one who insisted that the 2nd Respondent take her away from her home and marry her, due to the pressure exerted by her parents. The 2ndRespondent, who was placed in a very precarious situation decided to concede to the demand of the 2nd Petitioner. Thereafter, they eloped from their respective homes, got married and consummated the marriage. Incidents of this nature keep occurring regularly even now in villages and towns and occasionally in cities. After the parents or family lodge a complaint, the police register FIRs for offences of kidnapping and various offences under the POCSO Act. Several criminal cases booked under the POCSO Act fall under this category. As a consequence of such a FIR being registered, invariably the boy gets arrested and thereafter, his youthful life comes to a grinding halt. The provisions of the POCSO Act, as it stands today, will surely make the acts of the boy an offence due to its stringent nature. An adolescent boy caught in a situation like this will surely have no defense if the criminal case is taken to its logical end. Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act. An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult’s point of view and such an understanding will in fact lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with the changing societal needs and bring about necessary changes in law and more particularly in a stringent law such as the POCSO Act.”
Needless to say, it is then stated in no uncertain terms in para 19 that, “The main issue that requires the consideration of this Court is as to whether this Court can quash the criminal proceedings involving non-compoundable offences pending against the second respondent. The Hon’ble Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, has given sufficient guidelines that must be taken into consideration by this Court while exercising its jurisdiction under Section 482 of Cr.P.C, to quash non-compoundable offences. One very important test that has been laid down is that the Court must necessarily examine if the crime in question is purely individual in nature or a crime against the society with overriding public interest. The Hon’ble Supreme Court has held that offences against the society with overriding public interest even if it gets settled between the parties, cannot be quashed by this Court.”
Truth be told, it is then held in para 20 that, “In the present case, the offences in question are purely individual/personal in nature. It involves the 2ndPetitioner and the 2nd Respondent and their respective families only. It involves the future of two young persons who are still in their early twenties. The second respondent is working as an Auto driver to eke his livelihood. Quashing the proceedings, will not affect any overriding public interest in this case and it will in fact pave way for the 2nd Petitioner and the 2nd Respondent to settle down in their life and look for better future prospects. No useful purpose will be served in continuing with the criminal proceedings and keeping these proceedings pending will only swell the mental agony of the victim girl and her mother and not to forget the 2nd Respondent as well.”
Finally, it is then stated in para 21 that, “In view of the above, this Court is inclined to quash the criminal proceedings in Special S.C.No.24 of 2018 on the file of the learned Sessions Judge, Mahila Court (Fast Track Mahila Court) Erode in exercise of its jurisdiction under Section 482 of the Criminal Procedure Code, 1973. Accordingly, the same is quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is also closed.” 
In totality, what this extremely laudable, learned, landmark and latest judgment delivered by Justice N Anand Venkatesh of the Madras High Court seeks to convey is that, “Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of POCSO Act.” It cannot be also denied that the Madras High Court in this leading case has also very rightly conceded that there is rampant misuse of the POCSO Act by families for prosecuting the partner of their teenage daughters. This cannot be allowed to go on till perpetuity. A full stop has to be inserted somewhere and this is exactly what the Madras High Court has sought to do in this notable case also! There can certainly be no denying or disputing it! It is also very rightly conceded by the Madras High Court that punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender was never the objective of the POCSO Act. It is high time and the law makers must amend the POCSO Act so that the whole life of adolescent boy is not impaired for an act which he did at the adolescent stage! 
Sanjeev Sirohi

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