Political Infiltration

                                                        “Mirjaffers “ in the political parties

We fought for freedom from the British rule through concerted efforts without any rivalry in between. But soon after the Freedom we dissolved our unity and stared thinking in different terms to excel each other in the making of an independent nation. Different parties took shape with different ideologies resulting in mutual hatred and distrust amongst the parties. This type of attitudes grew up in geometrical proportions and the parties started in fights which shook the very foundation of our independence.

The rivalry in the party politics created strained relation amongst the politicians. The “Black Sheep” also infiltrated in the party playing their dual role. These “ MIRJAFFERS” played the role of secret informers and tilted the political equilibrium even without the knowledge of the Leaders.  It is true that some of the branded party leaders/followers   turn hostile and work as agencies of the other parties and create incorrigible damage to loyal politicians and their attempts to build up strong Governance in the country.

This type of infiltration of truant politicians, interfere in the administration and also vitiate the criminal and civil cases  pending against mischief mongers and  criminals. They play the role of the LEGENDARY BAT in the day to day affairs of the State. A vigilant and impartial investigation and follow up action only can isolate such unwanted elements from the politics.  Unless we weed out these MIRJAFFERS we will hit on the “Rock of Gibralter”, as I may call it, and perish soon. 

Therefore a “Flame testing” is necessary before we induct people in any party for that matter, to identify the genuineness of the persons to serve the country as a public servant/ politician in the true sense of the word. The party leadership must be very alert to sort out the “misfits” before it is too late. ..

 

Abraham Mangalath Philip

WITNESSES TURNING HOSTILE IN THE COURT

                                                               HOSTILE  WITNESSES

One way or other such situation where witnesses turning  hostile during interrogation or trial is mainly due to the wrong procedure order of recording the deposition or the statement of the witness in one particular case by police officials only, without the presence of a Magistrate.

Olden days everyone was considered as sober and gentle to say the “Truth” only

But of late, due to changed circumstances people are likely to change their statements before the court for fear or compulsion from the criminals or their associates.Therefore in the present scenario the statements of witnesses must invariably be taken in the presence of the Magistrate & police officials duly recording the statements by the magistrate himself. Such procedure will never give rise to  loop holes for changing the original statement and thereby witnesses turning hostile on a later day. Deliberate and preconceived statements are to be considered criminal and such people must be brought in the accused list for further investigation.

It is strange to hear that majority of the witnesses in the T P murder case have turned hostile. How can such things happen in a Court of Law?. That means we do not attach serious and adequate importance in the procedure order of criminal cases. Normally the police officials apprehend the criminals and the genuine witnesses in a particular case and then bring them before the judicial authority. The statements taken by the police officials may go redundant in the court as the witnesses are likely to be prompted to give different statements before the magistrate, causing inconsistency and contradiction to the earlier statements.

Therefore the procedure of recording statements of witnesses must be done in the court before the magistrate  who records the same. The earlier system of statements taken initially by police officials only will vitiate and lead to change of statements at a later stage. This anomaly may be rooted out to save our judiciary from  over powering by mischievous  and cruel people including unworthy lawyers/advocates who may approach the whole case with an “ Axe to grind” attitude..

Abraham mangalath Philip

WOMEN'S BILL IN THE PARLIAMENT

THE PROPOSED BILL AGAINST ATTROCITIES & SEXUAL HARRASMMENT

The strange thinking in classification of crime against women on sexual intimidation and harassment is something beyond imagination of people of ordinary prudence in the knowledge of social behavior.

The proposal for dealing with the sexual act or such attempts, if done with the CONSENT of the women or the victim aged 16 years or more seems to be irrational and illogical and therefore not acceptable. Any sexual act committed by man & Women, other than the legally accepted partners by marriage, must be termed as RAPE. The consent is not relevant as it can be a FORCEFUL outcome or due to compulsion under DURESS or under THREAT OF LIFE. It can even be a hoodwinking act of attracting and exploiting the weaker female resistance to outwit the Masculine strength. Such situation of CONSENT does not mean that the sexual act committed is legal.

A person who knows driving can take a vehicle safely without any difficulty to any place he wants to. That does not mean that he can be permitted to drive a vehicle without a VALID LICENSE ISSUED BY AN APPROPRIATE AUTHORITY. Similarly a person cannot commit sexual act UNLESS he is authorized by a marriage certificate as HUSBAN & WIFE, by the authorities concerned.  All other cases of such sexual act will be sexual harassment and punishable under the Law of the Land

Even the modern concept of LIVING TOGETHER IS ALSO punishable as they are not legally married and bound together as COUPLE.   The children of such illegal parents will be a BURDEN to the society as these children will grow up without proper parental care. Any difference of opinion between the LIVING TOGETHER PAIR will result in desertion of the children causing irreparable damage to the FUTURE OF innocent children. That means these children will turn out to be MURDERERS/DACOITS AND ROBBERS etc!

The respected representatives in the PARLIAMENT may please consider the reaction of such BILL, if passed, in the social behavior of the modern “ IT Generation of youngsters” who are not having the domestic DISCIPLINES of the earlier people of our great country which maintained  the MORAL VALUE as noblest quality in human beings. It is high time that all must wake up from the slumber we are in, to save the Nation from ruin.

Application of the existing LAW both in Style & Use is the TRUMPET CALL FOR ALL OF US RESPONSIBLE FOR THE UPCOMING YOUNG GENERATION.

Abraham Philip

SYSTEM OF DEMOCRACY IN INDIA

 

                                   

                                          FOURTH SEGMENT IN PARLIAMENTARY DEMOCRACY

 

The Indian Constitution governs the system of Government  in the democratic set up. Immediately after our freedom, the system of Government for the Republic of India was framed with the three main segments, ie  1) The Legislature 2) The Judiciary and 3) The Executive.

The people of India, with diverse nature in the Religious and Cultural denominations , speaking different languages, are to live in harmony with diversity! This condition of living together is difficult to achieve unless we respect each other, care for each other and share with each other in the society without endangering the individuality or Groups of people belonging to various denominations.

The Political arena is also unique as it consists of people of different culture and Religious backgrounds and with linguistic barriers. Therefore to keep the whole structure in a compact form/unit, a cementing medium is essential in the system of Governance to look after the structural unity and formation of India with different components of Religion /Languages etc.

To link all these differences to a common platform, a NEW Segment in the Government machinery is necessary.  This new segment must consist of Men/Group of Religious Leaders of proven integrity and social responsibility, from all the religions in India. This sector or segment will help to maintain equilibrium of Thoughts & Actions of the Governing body as a mediating unit in the GOVERNMENT. It can be named as  “RELIGIOUS ADVISARY BOARD” 

In my humble opinion such kind of a neutral and balancing segment will help INDIA in her March ahead as a fast GROWING Nation. The new Four Segments can be:-

1)     LEGISLATURE

2)     JUDICIARY

3)     EXCECUTIVE &

4)    RELIGIOUS ADVISARY BOARD

ABRAHAM PHILIP

CRIMINAL ASSAULTS ON WOMEN

ENDLESS DISCUSSIONS ON CRIMINAL ASSAULTS ON WOMEN-INDIVIDUAL COMMENTS

THERE WERE TOO MANY DISCUSSIONS AT VARIOUS LEVELS ON THE RECENT ATROCITIES AGAINST WOMEN AND THE JUDICIAL ACTION IN THE REPORTED CASES.

Earlier I wrote on the subject of cruelties meted out to women with special mention of the SURYANELLI CASE. The problems we confront in this period of time were also seen during the past centuries. But the society had its preventive measures to set right things within a controllable level. But the present generation broke all standards of living in a society by inducing foreign elements in our day to day lives and changing the life style by adopting evil procedures not acceptable to the general public. Men & women started dressing in whatever manner they liked, leaving all the existing norms. Women dressed in man’s apparel are moving in public places against the customary dress code given by the religious teachings. In BIBLE specific mention is made in the Old Testament -ie in DEUTRONOMY chapter 22-5... The changes that took place in the public behaviour of men & women have given rise to the evil thoughts in human beings particularly to men folk in their attitudes towards women.

Due to the mounting problems reported, I had even suggested that women may like to have separate states of their own to be safe from the SEX mongers! But on second thought I changed my view, as it will be far from the Natural Law and does not fit into human life. Male & Female have to stay together and there is sufficient networking to be one unit without damaging the security of both. In this modern outlook, men and women wanted to excel in their life by way of profession, business etc. This competition did not go without prejudice to each other resulting in unpleasant situations in the family unit. The intended mission of our life on this Planet Earth was to be ONE IN TWO FORMS – Men & Women. As time passed by, Mutual respect and acceptance were lost and individual instincts commanded the daily life.

The children lost their parental care and protection as, either the mother is not at home or the father busy outside. Both conditions badly affected the well beings of the children.  The Home maker‘s absence at home affects the growth of the child leading to frustration in the minds of the children. This state of mind will be drifting off the youngsters to other people to give vent to their feelings at school or at home.

Home management is not an easy affair. It is as important as managing an office/business.  The sacred unit-Family- the nucleus of the society is ignored. This causes dent in the family unit and causes irreparable & incorrigible damage to the social fabric.

It is strange to see that nobody takes note of this deterioration in the family/society at appropriate level of control and applies remedial measures to curb the disastrous tendencies in men/women.

The over doings of the Press/Visual media also promotes ill feelings amongst different political and social organisations.

In fact the matters, under the examination of the Judiciary, should not be discussed in video conference in TV channels, or personal interviews, as it will vitiate the whole process of the Judiciary. Also such discussions will create hatred and ill will amongst the people. Therefore such parallel set up when Legal Proceedings are afoot, is undesirable. The role of the media must be to communicate authentic news and decisions of the Government without any addition or omission thereby forming a true link between the Government & the Public. They should not enter into individual or group TRIALS on the screen. TRIALS and final judgement will be done by the appropriate court of Law. Overindulgence of the visual media will trigger unwholesome reactions from the public.

Therefore let us be ready and rise to the occasion without hastily changing or introducing extra provisions, in the well built “Constitutional directions. Once we religiously follow these provisions, these evils in the society will slowly disappear in a phased manner.

Abraham Philip

 

EMOTIONAL IMPULSE& REACTIONS

                                        EMOTIONAL REACTIONS

I write this note in continuation my earlier one on SURYANELLI CASE, the most discussed news in all the visual and print media.  The general public reaction on sudden impulses and the emotional expressions, go beyond limits unchecked, leading to disastrous situations.

The recent judgement on the reported case under investigation & trial for the past 17 years have finally given  rise to controversial  opinions from different sources .  Most of the people who comments on the case and the judgement may not be aware of the sequential stages of evidences and information that lead to the disposal of the case by the high court. Superficial knowledge and information may not give the correct picture of an incident that happened long back.  The team of officers and investigating authorities might have gone into threadbare details of the case and submitted to the legal authorities for their final decision.  The Rule of Law is the final word in any case that is referred to the Judiciary.

After going through the visual discussions and statements of men & women from all walks of life, I have a feeling that we must try to answer the following queries before we comment upon the present status of the case.

1.      What was the life style of the girl in her school days?

2.      Was there any threat from people to molest her sexually?

3.      Did she go out of the house with her boy friend with or without the knowledge of her parents? If the answer is NO was there any complaint lodged by her parents to the local police?

4.      Did anybody take her by force from her house?

5.      Did the girl inform her parents during the long absence from home?

All these queries are to be answered, after going through the girl’s past history, by the protesters before directly coming into action, by way of protest against the investigating officers or the Judge. The silence for the past 8 years or so does not reveal any special nature of this crime brought forth by any of the agencies finding fault with the legal aspects in pronouncing the judgement in this case..

The judges after going through the case with all available evidences and statements of the witnesses arrived at a decision (without any speculation or preconceived ideas or forecasts), as is normally done by any other Judicial   authority.  Human “error of judgement” may come up in any level of official action by appropriate authorities and there are solutions to rectify the error without prejudice to anyone. 

But without  patience to hear the factual position, if public agitation is mooted out , then things will go to an uncontrollable level  on account of the mob psychology .. Ill conceived reactions by public in such situations must be checked by the Leaders of different organisations to settle the issues amicably without any “strings attached”. Deliberate and un-whole-some remarks by men in authority, unless checked by self control, things will go out of reach and damage the tranquillity of social life..

Abraham Mangalath Philip  

SEXUAL ASSAULT

                                                          ANTI RAPE- LAW AMENDMENT

From time immemorial there has been Sexual harassment to women. The primitive man lived in his own lifestyle and as time passed by many changes took place in the society, the natural law giving rise to Written Laws to prevent cruelties to fellow human beings. Civilised man shredded out his beastly habits and refined himself with civilised features in human relationships. Thereafter Family set up through Marriage followed and treated it as a SACRED Relation between man & women. Thus marriage came into being, as a Covenant between two individual belonging Male & Female, believed to be joined in marriage by GOD as Husband and wife witnessed by the parents and friends & relatives. This union of man & woman as Husband and Wife formed the basic structure of the society.. 
As the life of the human beings underwent changes due to advancement of scientific inventions and discoveries of the hidden treasures of nature, certain influence in his/her life also changed the outlook on life..

After independence our Law makers framed different Acts and Regulations to control public behaviour. The criminals and Law breakers were punished so as to keep the peaceful life of people without any fear or threat from evil doers in the society. But the application of the provisions of the Law for Justice to all without favouritism did not prevail due to interpretations of the Rules at different levels of Judiciary or other law enforcing machinery of the Government. Also inordinate delay in disposing cases, throttled the very sanctity of the purpose for which the Law was enacted by the Authorities.

Now the recent attacks on women have given rise to many alternative methods to stop such heinous   crime against women. Even to enact separate Anti Rape Laws by amending the Criminal Law is also on the Anvil.. When we have sufficient coverage of the existing Law in our IPC & Constitution, why we should go in for extra provision of law to deal with such cruel game of Rape?. Application and implementation of the appropriate rule and to punish the culprit within a short period of time is the prime necessity of today.

Yet another school of thought, is bringing up cases of rape & molestation among the married people!. Well married people have to be together in life and they must formulate their private life as a family unit with utmost care. The Sexual act in their life must be most sacred and divine.  This aspect I have written in my site http://divinityinaction.blogspot.com at the beginning articles under the caption. My Stray Thoughts.  The idea of taking sexual life in marital status of husband & wife does not seem to fit into the category of rape. In the absence of witnesses how can we identify the offender and term the Act as rape? .To understand the difficult situation in marital relation in Sexual intercourse, the following queries may have to be answered!

1.       The husband can initiate action OR the wife can initiate action in their Sexual act.

2.       The husband may not be WILLING at that point of time but, the wife may be WILLING and may force her husband..

3.       Both may be willing in this sexual relation adopting any method they choose from Nature or from texts from KAMASUTHRA or other sources...

4.       The husband may like to have the lights on where as the partner wants the act in darkness?

5.       The husband may like to have the act without the clothing, but wife may not!

Now out of these few probable situations, how can we attribute the criminal assault and on whom? In item 2 above the husband may be the VICTIM as he is not for the proposal at that point of time. If husband forces wife when she is not for it, then the wife may be the VICTIM.. So the offender in the married status is either husband or wife. Who will charge whom in such situations?. Therefore mutual unwritten consent must be resorted to by ideal couple for a peaceful and happy married life. Such cases may be common in the life of majority of couples. Therefore sexual harassment in marital relations may not be a subject of discussion in open forum! Any distortion in the normal life of husband and wife must be dealt with appropriate authorities and action taken according to the merit of each case. It need not be listed along with the VIOLENT & CRUEL SEXUAL HARRASSMENT METED OUT TO INNOCENT WOMEN IN PUBLIC PLACES OR PRIVATE DWELLING PLACES.

In this context, I recall the words of my clerk in the year 1960, when he told me about his experience in his family life. He said, I quote, “though we are married for ten years, I have not seen her naked..” .That means there are married couple of that category also!. Then how can we regulate such human activities in married life by enforcing law or procedure order in sexual life of couples & to term it as Forceful act in married life?.

My view in this issue is to permit the old saying” TAKE CARE OF THE VITAL THINGS, OTHER THINGS WILL TAKE CARE OF THEMSELVES”

ABRAHAM PHILIP