Tuesday, February 27, 2018

NEED FOR HOLISTIC VIEW OF RIGHT TO PROTEST: SUPREME COURT.

The Supreme Court on 09th February, 2018 (Friday) said it need to take a holistic view of protecting the fundamental rights of citizens to protest, as well as protection of environment and rights of commuters, while earmarking the space for agitations in Delhi. The Centre on 09th February, 2018 sought time from the Apex Court saying deliberations are on to earmark a particular place in Delhi, where the citizens can exercise their right to protest. A Bench of Justices A.K. Sikri and Ashok Bhushan granted two weeks time to the Centre to file a comprehensive reply after taking a holistic view of the situation and posted the matter for further hearing on 05th March, 2018.
-Challapalli Srinivas Chakravarthy
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ADMIT THAT CHILDREN TOO HAVE RIGHTS: SUPREME COURT.

[Based on a news item published in Deccan Chronicle dated 10th February, 2018, Nation, p. 8].
The government has to acknowledge that even children have fundamental and human rights and they cannot be compelled to live in uncomfortable conditions merely because they have 'no voice in the affairs' of state, the Supreme Court on 09th February, 2018 said. The Apex Court said that rights of children need to be 'enforced equally strongly' and if the Executive ignores the mandate of Parliament with 'continuing callousness', it would only be detrimental to the children of the country. The top court's observations came while passing a slew of directions for effective implementation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. "It is said that children are the future of the country and if they are not looked after, it is the future of the country that is at stake", a Bench comprising Justices Madan B. Lokur and Deepak Gupta said in its 62-page judgment. "No one has any doubt that it is time for the state to strongly and proactively acknowledge that even children in our country have fundamental rights and human rights and the need to be enforced equally strongly", it said. 
It directed the ministry of women and child development and all state governments to ensure that all positions in the national and state commissions for protection of child rights are filled up well in time and adequate staff is provided to these statutory bodies so that they can function effectively.
-Challapalli Srinivas Chakravarthy
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Tuesday, February 20, 2018

VEIL LIFTS OVER PREGNANT WOMAN'S MURDER, 3 HELD.

[Based on a news item published in The Times of India dated 14-02-2018 (Wednesday)].
Cyberabad police on 13th February, 2018 (Tuesday), announced the arrest of three persons involved in the brutal killing of a pregnant woman and later chopping her body into pieces, before dumping it in two gunny bags at Botanical Gardens. The victim was identified as Bingee alias Pinky, 32 a resident of Mohona Malti village of Banka district in Bihar. The arrested trio were identified as Mamta Jha, 37, the kingpin, Anil Jha, 75, husband of Mamta and Amarkant Jha, 21, son. All the accused lived at Siddique Nagar, Serilingampally. Vikas Kashyap, both Bingee and Mamta's paramour, was also involved in the murder, and is still absconding. 
According to police, the victim, was staying with Vikas since January 2017 in Mohana Malti after leaving two kids, Dev, 10, and daughter Nandini, 5, with her husband Dinesh. "She shifted with Vikas along with her eight-year-old son, Jatin. While Vikas was staying with the victim, he had an affair with Mamta, his neighbour in the village", said Commissioner of Police Cyberabad Sandeep Shandilya. After some time, Mamta and Anil also shifted to Hyderabad to live with Vikas and her son in a rented house at Siidique Nagar.
"Pinky, who was alone in her village, somehow managed to get her lover's address and reached Hyderabad along with her son, Jatin, 45 days prior to her murder", said Shadilya. Trouble broke out when Pinky learnt that Mamta was taking all the earnings of Vikas, who used to sell Pani Puris in the city to eke out a living. "So both Mamta and Vikas along with Anil and Amarkant hatched a plan to kill Bingee", Shandilya added. On 27th January, 2018, Mamta was beaten up and kicked on her vital parts, which resulted in her death and they kept the body in their house. The next day Vikas and Amarkant then cut the body with an electrical saw in the bathroom and put them in two bags. On the early hours in two bags. On the early hours of 29th January, 2018, Mamta and Amarkant abandoned the bags near Botanical Garden.
How the murder unfolded:
27th January: As per plan, accused Mamta and Vikas pick up a quarrel with Bingee. Mamta tries to throttle Bingee and pushes her against a wall. All four accused - Mamta, Vikas, Amarkant and Anil - also kick Bingee violently, damaging her vital organs that causes her death.
28th January: With an electrical cutting machine, Amarkant and Vikas chop off the body and place them in sacks.
29th January: Mamta and Amarkant dump the sacks near Botanical Garden. 
CCTV Footage helps cops:
--CCTV footage showed accused had travelled on a bike.
--From vehicle's registration number cops found latest e-challans.
--Cops then contacted bike owner, Sidhartha Bardhan, who worked in the bar with Amarkant Jha.
--Sidhartha told cops he had given the bike to Amarkant few days ago.
--Based on these details, Amarkant, Mamta Jha and Anil Jha were arrested.
Eight-year-old boy tried to 'wake'mom: The eight-year-old son of the murdered pregnant woman, still has no idea about his mother's death. The boy was identified as Jatin Kashyap, who shifted to Hyderabad along with his mother, Bingee, nearly 45 days before the murder. The boy was identified as Jatin Kashyap, who shifted to Hyderabad along with his mother, Bingee, nearly 45 days before the murder. "He thinks that she is well and undergoing treatment in hospital. That is what the accused persons told him", said Shyam Prasad Rao, ACP Madhapur told TOI. According to police, the boy was shifted to Vishwas Support Centre at Kondapur Government Area Hospital, on 19-02-2018, after police found out about the location of the accused. "The boy was taken to a terrace at the time of the murder. He was with one of the accused, Anil Jha at that time. That is why he does not know about the death. On 28th January morning, he saw his mother's dead body lying on the floor on a carpet. He tried to wake her up, but Bingee did not reply. All the other accused persons, told him that Bingee was unwell and is in deep sleep", said DCP Admin, C. Anasuya.
"It took us nearly four hours to make him talk. He just wanted to play for sometime. However, while playing, he started answering our questions. He was beaten up for asking about his mother's health after that day, as the accused told him that she is undergoing treatment. He and Bingee were earlier beaten up by the family, the boy revealed", the DCP added. The boy will be counselled by psychiatrists.
-Challapalli Srinivas Chakravarthy-
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Wednesday, February 14, 2018

AADHAAR RULING TO BE BIGGER THAN ONE ON EMERGENCY.

Congress member and senior advocate Kapil Sibal told the Supreme Court on 13th February, 2018 (Tuesday) that consequences of Aadhaar verdict would be far more critical than the Court's 1976 decision upholding suspension of Fundamental Rights during Emergency. Appearing for Bengal government before a five-judge Constitutional Bench, Sibal said Supreme Court verdict in the ADM Jabalpur Case damaged the supremacy of Constitution in a limited manner as decision upholding suspension of Fundamental Rights was temporary and ended after Emergency. "Aadhaar, on the other hand, is the most important case dealt by the Supreme Court in the last seventy years. What it decides in these petitions will determine the future of nation. Adverse consequences of Aadhaar on citizens' Fundamental Rights is unlimited. It will be applied not only to the present generation but to our grand-children and beyond. That is the enormity. The SC's decision will decide the future of India and charter the country's future course...whether or not Fundamental Rights enjoy inviolable status", he said. 
The 1976 ADM Jabalpur judgment was declared wrong by a nine-judge Constitutional Bench in 2017 for the first time, and interestingly, the thumbs down was authored by Justice D.Y. Chandrachud, whose father was one of the four who had upheld the Indira Gandhi government's power to suspend Fundamental Rights. Sibal said Aadhaar with biometrics was a sure invitation for disaster in a digital world, where corporate entities thrive on compiling meta-data on people to boost business. "In the present business scenario, one who has access to meta-data on people's choices and behaviour becomes successful. With biometrics of more than a billion citizens in a central database, it is an invitation to hackers to steal data and make a seriouss violation of Right to Privacy. 
He suggested an alternative to Aadhaar. He said a provision in the Citizenship Act provided the Centre could maintain a national register for citizens and issue a national identity card. "Why is that not being implemented? We are not against national ID cards but we are opposed to Aadhaar because it carries biometrics and demographic details that will open up every person's private life", he said, adding if Aadhaar had been like a smart card, one with personal details but without central storage of the data, no one would have a problem.
-Challapalli Srinivas Chakravarthy- 15/02/2018 (Thursday).
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EDUCATION FIRM ASKED TO PAY RUPEES ONE LAKH FOR FAILING TO REFUND FEE.

A district consumer forum has directed a private overseas educational services firm to pay Rs. 1 lakh to a consumer for failing to refund the amount she paid to secure a medical seat for her son in Georgia. In her submission to the forum, B. Sirisha, the complainant, stated she approached Bhagyalakshmi Educational Services to secure an MBBS seat for her son in a foreign country. The firm, she said, agreed to facilitate the same at an University in Georgia, at a cost of Rs. 2 lakh. When the complainant said that she had informed the firm - at the time of the transaction - about her son being confident  of securing a seat through NEET and the firm, had assured to refund the paid amount in case the candidate did get a medical seat in the counselling, it failed to honour the promise. 
Sirisha paid Rs. 75,000/- as advance to the firm and submitted all original certificates along with Aadhaar card. The complainant stated that she decided to approach the forum, after the firm returned the certificates but did not refund the money. The opposite party refused to receive the notice of the forum and was set ex parte. Referring to documents given by the Bhagyalakshmi Educational Services, the Bench, observed that they categorically stated that the amount would be refunded if the boy was selected in NEET. "Also, by documents presented it is clear that he has secured a seat here. In such circumstances, the opposite party is bound to refund the amount, but they kept on postponing the matter and this would certainly come under the category of deficiency in service and unfair trade practices", the Bench said, directing the firm to not just refund the advance payment but also pay Rs. 20,000/- as compensation and another Rs. 5,000/- towards cost of complaint to the consumer.
-Challapalli Srinivas Chakravarthy- 15/02/2018 Thursday.
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Thursday, February 1, 2018

SUICIDE RATE AMONG 15-29 UP BY 2.4 PERCENT.

The suicide rate among youngsters aged 15 to 29 years has increased from 7.9 to 10.3 per 1,00,000 persons. WHO says the overall rate of suicide in India is 17 per 1,00,000 with 1,35,000 deaths a year. it has also been found that women attempt suicide more than men. Unemployment, relationship problems, loss of dear ones, family conflicts, cults and humiliation were found to be the main factors. In women, the factors ranged from marital conflicts to sex abuses. Dr. Uma Shankar, President of Indian Psychiatric Society, Telangana branch said, "In youngsters, we are seeing stress due to exams. There are cases when parents say no to some gadgets and the youngster commits suicide. The action of the parent is actually a mere trigger to an underlying cause. It is very important for parents to communicate with children one-to-one". Suicidal tendencies are also found in those who are also found in those who are misusing drugs, suffering from chronic illness and mental disorders.
Senior psychitarist Dr. Preeti Swaroop said, "Those who have suicidal tendencies suffer from depressive disorders. It is important for families and even friends to identify the same".
  1. Sri Lanka has successfully cut its suicide rate by half. Sri Lanka's intervention programmes focused on pesticide availability control, reporting all suicide cases and referring all attempted suicide cases to psychiatrists.
  2. Psychiatrists in Hyderabad say that attempted suicide cases are hardly referred to them from government hospitals. Often the family is not willing to talk about it and prefer to go to doctors only when the condition requires aggressive treatment.
  3. Sensitisation of health care professionals to guide relatives of the patients in cases of attempted suicide can help. Those who fail to die in the first suicide attempt are found to succeed in the second attempt.
-Challapalli Srinivas Chakravarthy-
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