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Showing posts with the label Constitution

Justice Delayed is Justice Denied

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All the 4 convicts of Nirbhaya Rape Case were hanged on the 20 th March at 05:30 AM (IST). It seemed like Justice has been served to the Nirbhaya, but is it really the true justice? True justice is something which is meant to be handled at the present moment, but in this case the Justice has been served 7 years 3 months and 4 days or, 2651 days later. Nobody could understand the frustration which was dealt by the family members during the trial period, waiting, waiting and just waiting for the justice to be served. Why the judiciary took so much time for the justice to be served? There are many possible reasons for this delay, as indicated by the experts. These reasons will be discussed later in the article. But first of all, Justice is one of civilisation’s foundational Right . Securing justice – social, economic and political – to all citizens is one of the key mandates of the Indian Constitution . This has been explicitly made so in the Article 39-A of the Constitution ...

Nirbhaya Case: Justice Served

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Nirbhaya Case History: 16 th December of 2012 was the day when India witnessed a horrific incident. Because of the heinous incident, India lost a daughter once again, but the daughter had to go through more than what is called heart-wrenching. It was the night when Jyoti Singh was gang raped and her friend Awindra Pratap Pandey was almost beaten to death. Though, he somehow escaped the fury of death. Jyoti, was fighting for her life after she had been brutally assaulted by six men. The six men (Ram Singh, the bus driver, Mukesh Singh, his brother, Vinay Sharma, an assistant gym instructor, Pawan Gupta, a fruit seller, Akshay Thakur and a Juvenile) were already present in a bus that Jyoti along with her male friend boarded. It is believed that the men on the bus passed some comment to which Jyoti and her friend reacted. After this, the men couldn’t stand that a woman raised her voice. In order to satisfy their ego, they raped Jyoti. One of them was a juvenile too and is said t...

Abrogation of Article 370 - Impact and Reality

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What is Article 370? Article 370 of the Indian Constitution used to give special status to the region of Jammu and Kashmir. The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. Under this article all the provisions of the constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister. This article along with Article 35A defined that the J&K state's resident live under separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to resident of other Indian states. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu and Kashmir. History of Article 370 In October, 1947, after signing on the Instrument of Accession by the then Maharaja of Kashmir, Hari Singh, three subjects on...

Sanctity of Media

I have already written a post on Media and its role in a Democracy , in which I concluded that unbiased media is a must for Democracy to operate efficiently (a very well known fact) . Now we are going to analyse how the highly skewed or biased media intentionally or unintentionally can change the course of natural flow of any news, or change the flow of news in a particular direction. It is wrong to say that every-time every-thing has to be unbiased, because its not. The closest thing to unbiased I have witnessed is the scientific studies which are designed to be void of all emotional associations while presenting data and information. To be human is to have biases as we all individuals have our prejudices, preferences and positions; to write or think without reflecting them in some way or the other is nearly impossible. In media sector, however, we have to try. Media person or journalists should be factual and as fair as the facts allow them to be. Well-executed journalism allows...

Role of Media in Democracy

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Democracy is a system of government in which all the citizens/ people exercise their power by voting their representatives. Thus, public opinion is an important aspect. The people, in turn, could have the government accountable and change it, if they knew what it is/ was doing. So, there is a need to inform the people of them so that there is a check on the government. There are three main pillars of Democracy - Executive, Legislature and Judiciary - on which it stands. But there is the fourth one, which is kind of hidden, Media which keeps eyes and ears on these three, and informs the people about their policies and actions. Media plays a crucial role in shaping a healthy democracy. Media makes people aware of various social, political and economic activities happening around the country and the world. It is like a mirror, which shows us or strives to show us the bare truth and harsh realities of life. Media came into existence in 1780 with the introduction of a newspape...