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Posts tagged ‘fundamental rights’

WHY I OPPOSE THE WOMEN’S RESERVATION BILL?


In a Democracy, as i understand it, there should be a forum for deliberation where people’s representatives can congregate and put forward their proposals and convince the other members of their point of view. When such a non-violent procedure is adopted, firstly, we have a forum that would freely exchange “Ideas”; secondly based on the “AUTHORITY” & “RECOGNITION” that flow from that forum, LAWS could be put in place.

Based on this in India , we have the Parliament, which is not merely the highest legislative organ but also the highest DELIBERATIVE ORGAN. But the PARLIAMENT is a creature of the CONSTITUTION of India, yet with CONSTITUENT powers to amend any provision of the Constitution. The only check that is imposable on this CONSTITUENT POWER of the PARLIAMENT is the doctrine of “BASIC STRUCTURE” formulated in the Kesvananda Bharti Case and later upheld in THE MINERVA MILLS’ CASE.

This “reservation” to start with, offends the BASIC STRUCTURE of the CONSTITUTION. UNIVERSAL ADULT SUFFRAGE also includes that any “INDIVIDUAL”, who is not otherwise disqualified under the provisions of law, could stand as a candidate in the fray for election as an MP/MLA, irrespective of gender or educational qualification. By reserving a seat on grounds of GENDER, the rights of a person who does not belong to that particular gender stands DISCRIMINATED against.

Do we remember Shanthi Soundarrajan from Pudukkottai, the ASIAD silver medalist in 800mts at Doha, was later declared to be not falling within the description of “woman”! So 33% of persons who claim to be women, are firstly to go thru a gender test to rule out unfair practices in gender claims!!

Further, let us assume that a woman has been representing a constituency for 2 consecutive terms, when the reservation was not in force. But when that constituency is “reserved”, she does not have the handicap of either having to give up or migrate to another unreserved constituency, merely on the grounds that she is a woman. Whereas, if the same were to have been a MAN, then he has to stand out and let a woman  compete. This is a further case of UNFAIRNESS born out of gender discrimination.

Because of the DEPRIVATION of the right to CONTEST and the UNFAIRNESS generated because of the bill, this bill is DISCRIMINATORY on reasons of GENDER only.

Let us also consider the “fall out” of this bill from the point of view of an INDIVIDUAL versus an INSTITUTION. The major political parties like the Congress, Communist parties and BJP have an axe to grind. These political parties are not likely to suffer because of the “rotation” in favour of a woman once in 3 terms. These political parties need to just change the candidate and put a person of the appropriate gender to contest, whereas when an INDIVIDUAL (male) opts to put up a woman candidate after his 2nd term, he cannot  “TRANSFER” the goodwill and the “benefits of efforts” put by him during his previous terms. This “rotational method” based on gender seems to be a BACK ROOM entry by the established political parties to reduce periodically the importance of an INDIVIDUAL. This would ensure that the BASE  has no relevance and the TOP would decide!!After all everyone knows that in a country (where the actual voters are predominantly illiterates), an ELECTION SYMBOL is more important for familiarity and continuity of the goodwill !!

The CONSTITUENT ASSEMBLY, consisting of the erudite, socially sensitive veterans and persons who fought off the slavery of the British had applied themselves for close to 2 years incessantly, to give us this MOTHER DOCUMENT called the CONSTITUTION of India, after considering, deliberating and cogitating on every aspect of the rights, justice, fairness & the variegated cultures of India. Compare the CONSTITUENT ASSEMBLY members with the present members of the PARLIAMENT. Needless to say, the present members neither have the educational background, nor the experience which the constituent members had. Yet in the RAJYA SABHA within 4 hours of placing the BILL, the HONOURABLE MEMBERS passed it 185 to1!!! Is the RAJYA SABHA not a deliberative organ too? Could they have done justice to a piece of legislation which alters the very fabric of the political structure, by paaing it within 4 hours of  tabling? I guess not.

Since this bill, “WOMEN’S RESERVATION BILL” deprives the RIGHTS of a man, alters the status of an INDIVIDUAL vis-a-vis ESTABLISHED POLITICAL PARTIES ,and has not been thoroughly deliberated upon, i for one cannot be in agreement with the passage of this bill.

I fervently hope that there would be enough members in the LOK SABHA who would lay these issues for deliberation and let the treasury benches and their new found cohorts explain logically how my rights as an INDIAN are not taken away.

LONG LIVE INDIA. LONG LIVE THAMIZH (the software that runs me).

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Hello world!


Hi Guys,

This relates to india. The burning issues are floods in Bihar & acquisition of land in Singur. The issue realating to Singur is best explained through an analogy by regaling a story from the Bible.

There was a king called AHAB who badly wanted to have the VINEYARD of NABOTH for the purposes of planting herbs. Naboth refused, Ahab’s countenance fell, his queen Jezebel couldn’t take that the most powerful man was not man enough to take what he wanted to have, thru guile, enticement or force.

She devices a plan with the elders of the area, gets NABOTH implicated in a case of blasphemy and gets him stoned and thus hands over the vineyard for the use of AHAB, the king of Israel. So much for the manliness- leaving it in the hands of the wicked woman to obtain what he wanted.

In India there was a FUNDAMENTAL RIGHT granted by the constitution when the constituion was adopted by the people of India. In the name of stripping the Zamindars and other land lords and princes of large land holdings, the right was down graded to that of a constitutional right. Subsequently , through the LAND ACQUISITION ACT 1894 (?), the right to acquire was given to the government to acquire land on behalf of Companies.

NOW, like JEZEBEL, the govt of west bengal has acquired land forcibly from individuals and handed it over to the already cash rich TATA (AHAB)!!

The issue boils down to whether the government should interfere in the affairs between individuals who hold small parcels of land on the one side and big businesses on the other, all in the name of DEVELOPMENT. I am sure that if the NANO factory did not come up in Singur, it could have been brought up in Uttarakhand, Orissa etc.. Earlier in the name of liquidating the concentration of wealth (LAND) in the hands of the few we raped the FUNDAMENTAL RIGHT. Now in the name of DEVELOPMENT we are doing the same.

The only difference is that, earlier the RICH landlords were involved and now the poor farmers are involved. Earlier we rid ourselves of a precious right without compunction, now we are impotent to revive the dead right, even though we know that the poor are involved. Are we being judgemental that the poor have only got this much right to demand for their land and when they want more, it is nothing but greed? Nay, the man who gets a life-time opportunity to make a bargain with the company, should be protected by the GOVERNMENT to drive as hard a bargain as possible. If the Jezebelite Government feels for the Ahab like companies, it should allot land which is in its own title, possession and enjoyment.

The pretext of DEVELOPMENT should not be exalted in this vast country merely for a 1000 acres, especially at the cost of the original FUNDAMENTAL RIGHT.

LET US RESTORE THE FUNDAMENTAL RIGHTS GRANTED BY THE MOST LEARNED CONSTITUENT ASSEMBLY, AND NOT BECOME PAWNS IN THE HANDS OF THE EXPEDIENT POLITICIAN!! LONG LIVE THE FUNDAMENTAL RIGHTS IN INDIA IN ITS ORIGINAL FORM AND CONTENT.

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