The culprits in Suryanelly case can possibly raise a strong defence leading to clean acquittal and that is by claiming themselves to be mentally challenged (retarded). Those of whom we hear connected to the said case appear to meet all the requirements needed for mental retardation that can be proved with their low IQs.
Sunday, February 17, 2013
Tuesday, February 12, 2013
Rape Vs, Child prostitution
What many fail to understand in connection with the recent episode is that the Indian Penal Code - Sections 21, 23 & 25 read with sections 319, 320, 321, 322, 339, 340, 361, 366, 366-A, 372, 373, & 376 - all specifically provide for stern action against adult perpetrators who aid, abet or subject children to prostitution and hence the law does not view it lesser in degree than rape. Then what's the point in shouting against Justice Basant?
Not many questions:
1. In a case where the accused doesn't plead guilty and the case goes on trial, on whom does the onus of proof rest so as to establish the innocence of the accused?
2. Is it the prosecution's duty to prove alibi as claimed by an accused?
3. Oommen Chandy (CM) and Thiruvanchoor (HM) defended Kurien by saying that the abused girl has nothing to say new.
Is that not the strongest point to prove that the Suryanelli girl is speaking truth?
(Its customary for defence lawyers to get witnesses tell different versions of the same incident by tactful cross- examination to disprove their statements and to cast doubt on their character. Here she is telling the same thing again and again which tantamounts to truth in my legal disposition. Who else is competent to say what happened to her better than she herself)?
4. What is Antony's take on this since he was the then CM?
5. Why did two left governments prefer to sleep on this issue when they were in power?
6. To what extent does the balance swing in favour of the girl due to the revelations in the Special Proseutor's (Adv. Janardana Kurup) autobiography?
7. Heard the dictum: "Justice delayed is justice denied?"
An introspection is good.
3. Oommen Chandy (CM) and Thiruvanchoor (HM) defended Kurien by saying that the abused girl has nothing to say new.
Is that not the strongest point to prove that the Suryanelli girl is speaking truth?
(Its customary for defence lawyers to get witnesses tell different versions of the same incident by tactful cross- examination to disprove their statements and to cast doubt on their character. Here she is telling the same thing again and again which tantamounts to truth in my legal disposition. Who else is competent to say what happened to her better than she herself)?
4. What is Antony's take on this since he was the then CM?
5. Why did two left governments prefer to sleep on this issue when they were in power?
6. To what extent does the balance swing in favour of the girl due to the revelations in the Special Proseutor's (Adv. Janardana Kurup) autobiography?
7. Heard the dictum: "Justice delayed is justice denied?"
An introspection is good.
Wednesday, January 16, 2013
Progress or Regress?
In Response to Arguments Against Aranmula Airport by Prof. Dr. Roy George K.
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Dear Roy, I don't consider myself anti-social or unmindful of preserving life's gifts for future generations. But there are a few things that I fail to understand. (1) how is the water-source going to be affected if a few feet of soil fills wet-lands? (2) At a time when agriculture is unproductive and there is labour- scarcity in the front, don't we have to allocate the very little land at our disposal for more productive purposes? An air-port, by all means, is a sign of activity and progress as it cuts time and distance into a minute fraction of their originals. (3) Most of the wet lands in my area have been so made by the hard labour of human force in the past by dissolving soil inch by inch in water for paddy cultivation. I believe most of the wet lands in the state are also man-made like-wise. When we talk about ecology and preserving nature as it is, it follows that these lands have to be converted into garden land by filling them with soil because that was how they used to be (originally). Let's keep politics out of this and be pragmatic. Let those people who own land take decisions best for them instead of government officials making arm-chair decisions depending on the size of bribe. Please bear with me if I'm too opinionated. Thanks.
(Somarajan Panicker commented: A very good balance need to be maintained between development and environment ! A technical team from both Aviation experts as well as environmentalists need to take an assessment of the situation. Any airport or Express high way should be considered keeping in mind the impacts of Environment as well as merits of the project. It should not be just politics !)
Thanks Gibi and Somarajan... I must add that paddy cultivation in Kuttanad was made possible by dumping soil in the backwaters, thus lifting land out of water... in those days Murikan was viewed as an anti-social and considered a capitalist- an enemy of the proletariat just for doing that... and our own Alappuzha District turned out to be the battleground with farmers and farm-laborers fighting and spilling blood ("Nammalu koyum vayalellaam nammudethaakum painkiliyae" )... Tell me if its still a good idea to convert those paddy fields back into the backwaters they used to be? And most importantly, during an economic recession, the state should generate jobs by entering the construction field - roads, highways, bridges, railways, AIRPORTS etc. to create jobs and to develop infra-structure resulting in economic development. If private entrepreneurs come forward to do it, they must be encouraged by all means. Shall we stop short of following that time-tested remedy? Are we on the path to progress or regress? We live in an era when a Chinese father gives his daughter dowry to the tune of 88,000 crores of rupees! No offence meant, thanks again.
(Here Linu Abraham chips in: I also just quote Alex sir's comment "I don't consider myself anti-social or unmindful of preserving life's gifts for future generations." Most of the water filled in these wetlands percolate deep into the ground thereby regenerate the underwater table which is been used by many of us. What happens when we fill these lands is, majority of will runoff to rivers and finally to sea without percolating in to the ground. But we also need to consider what is beneficial to the community and its development before we protest against any development. Aranmula airport is vital to the development of this area ,reduces traffic congestion, pollution caused by it and several benefits. Unless our politicians change their attitude and we stop bribing them, our wetlands and paddy fields will keep on vanished from this land).
Thank you, Linu, I appreciate it. But there's no one suit that fits all. Each has to be tailored as required and you did mention it. Over- exploitation also can lead to resource destruction. Over- drafting in the context of aquifer management, over- harvesting in fishing, over- grazing in stock management, over- logging in forest management, endangered species in species monitoring- all can cause extinction. Above all, over- exploitation is not an activity limited to humans. Introduced predators and herbivores, for example, can over- exploit native flora and fauna. Thank you.
( Original post by Dr. Roy George K: ആറന്മുള എയര് പോര്ട്ടിനു വേണ്ടി നികത്തപ്പെടുന്ന, ഒന്നിനും കൊളളില്ല, ആര്ക്കും വേണ്ട എന്ന് പറയപ്പുടുന്ന ഈ ചതുപ്പ് നിലം ഈ പ്രദേശത്തിന്റെ ജീവ നാഡി ആണ് എന്ന് നാം മറന്നു പോകരുത് !!!!! നമ്മുടെ ഈ പുഞ്ച പ്രദേശങ്ങളും നെല് വയലുകളും നമ്മുടെ ആഹാരത്തിന്റെ കലവറ മാത്രമല്ല, പിന്നെയോ ശുദ്ധ ജല സ്രോതുസും കൂടെയാണ്!! ഭൂമിയുടെ വൃക്ക്കള് "the kidney's of the planet" എന്ന് അറിയപ്പെടുന്ന ഈ വയലുകള് സംരക്ഷിക്കപ്പെടെണ്ടിയത് ഈ നാട്ടിലെ ഓരോ പൗരെന്റെയും ഉത്തരവാദിത്വം ആണ് !!!!!!).
----------------------------------------------------------------------------------
Dear Roy, I don't consider myself anti-social or unmindful of preserving life's gifts for future generations. But there are a few things that I fail to understand. (1) how is the water-source going to be affected if a few feet of soil fills wet-lands? (2) At a time when agriculture is unproductive and there is labour- scarcity in the front, don't we have to allocate the very little land at our disposal for more productive purposes? An air-port, by all means, is a sign of activity and progress as it cuts time and distance into a minute fraction of their originals. (3) Most of the wet lands in my area have been so made by the hard labour of human force in the past by dissolving soil inch by inch in water for paddy cultivation. I believe most of the wet lands in the state are also man-made like-wise. When we talk about ecology and preserving nature as it is, it follows that these lands have to be converted into garden land by filling them with soil because that was how they used to be (originally). Let's keep politics out of this and be pragmatic. Let those people who own land take decisions best for them instead of government officials making arm-chair decisions depending on the size of bribe. Please bear with me if I'm too opinionated. Thanks.
(Somarajan Panicker commented: A very good balance need to be maintained between development and environment ! A technical team from both Aviation experts as well as environmentalists need to take an assessment of the situation. Any airport or Express high way should be considered keeping in mind the impacts of Environment as well as merits of the project. It should not be just politics !)
Thanks Gibi and Somarajan... I must add that paddy cultivation in Kuttanad was made possible by dumping soil in the backwaters, thus lifting land out of water... in those days Murikan was viewed as an anti-social and considered a capitalist- an enemy of the proletariat just for doing that... and our own Alappuzha District turned out to be the battleground with farmers and farm-laborers fighting and spilling blood ("Nammalu koyum vayalellaam nammudethaakum painkiliyae" )... Tell me if its still a good idea to convert those paddy fields back into the backwaters they used to be? And most importantly, during an economic recession, the state should generate jobs by entering the construction field - roads, highways, bridges, railways, AIRPORTS etc. to create jobs and to develop infra-structure resulting in economic development. If private entrepreneurs come forward to do it, they must be encouraged by all means. Shall we stop short of following that time-tested remedy? Are we on the path to progress or regress? We live in an era when a Chinese father gives his daughter dowry to the tune of 88,000 crores of rupees! No offence meant, thanks again.
(Here Linu Abraham chips in: I also just quote Alex sir's comment "I don't consider myself anti-social or unmindful of preserving life's gifts for future generations." Most of the water filled in these wetlands percolate deep into the ground thereby regenerate the underwater table which is been used by many of us. What happens when we fill these lands is, majority of will runoff to rivers and finally to sea without percolating in to the ground. But we also need to consider what is beneficial to the community and its development before we protest against any development. Aranmula airport is vital to the development of this area ,reduces traffic congestion, pollution caused by it and several benefits. Unless our politicians change their attitude and we stop bribing them, our wetlands and paddy fields will keep on vanished from this land).
Thank you, Linu, I appreciate it. But there's no one suit that fits all. Each has to be tailored as required and you did mention it. Over- exploitation also can lead to resource destruction. Over- drafting in the context of aquifer management, over- harvesting in fishing, over- grazing in stock management, over- logging in forest management, endangered species in species monitoring- all can cause extinction. Above all, over- exploitation is not an activity limited to humans. Introduced predators and herbivores, for example, can over- exploit native flora and fauna. Thank you.
( Original post by Dr. Roy George K: ആറന്മുള എയര് പോര്ട്ടിനു വേണ്ടി നികത്തപ്പെടുന്ന, ഒന്നിനും കൊളളില്ല, ആര്ക്കും വേണ്ട എന്ന് പറയപ്പുടുന്ന ഈ ചതുപ്പ് നിലം ഈ പ്രദേശത്തിന്റെ ജീവ നാഡി ആണ് എന്ന് നാം മറന്നു പോകരുത് !!!!! നമ്മുടെ ഈ പുഞ്ച പ്രദേശങ്ങളും നെല് വയലുകളും നമ്മുടെ ആഹാരത്തിന്റെ കലവറ മാത്രമല്ല, പിന്നെയോ ശുദ്ധ ജല സ്രോതുസും കൂടെയാണ്!! ഭൂമിയുടെ വൃക്ക്കള് "the kidney's of the planet" എന്ന് അറിയപ്പെടുന്ന ഈ വയലുകള് സംരക്ഷിക്കപ്പെടെണ്ടിയത് ഈ നാട്ടിലെ ഓരോ പൗരെന്റെയും ഉത്തരവാദിത്വം ആണ് !!!!!!).
Sunday, January 6, 2013
K P Yohannan: victim of multidiamensional public opinion?
Tell me why Yohannan is singled out to be the subject of everyone's wrath? How about those other bishops and achens and ammas?
Religion is the most fertile soil where money grows is a fact known to all these days. Each 'Aaldaivam' is a mint factory: swami, clergy or mullah!
Bishop Yohannan has at least been propagandizing gospel over the radio for a long time- something that most new christian avatars are incapable of... and it is heard that the source of much of his foreign money is his foreign wife (I have no verification, though).
The Bible talks about giving tithe (1/10- one out of 10- of your resources) to God and all our fools think that giving money to religious heads are giving money to God! (All our yesterdays have lighted fools the way to dusty death, says Shakespeare in Macbeth). Yea, they made it out that way! The New Testament nowhere commands, or even recommends that Christians submit to a legalistic tithe system.
I'm glad, in the sense, he could draw a huge amount of money effortlessly to India -like any other bishop. That may be the reason why the Government of India is not after any of these people- for the much-needed foreign currency! That may be the explanation to the action of the Indian Income Tax Dept that levied 85 lakhs (?) of rupees on a religious head of Kerala last year due to his non-declaration of income from foreign countries and thus evading taxes!
Yet I have to declare that I'm not one of Bishop Yohannan fans.
Thank you.
Religion is the most fertile soil where money grows is a fact known to all these days. Each 'Aaldaivam' is a mint factory: swami, clergy or mullah!
Bishop Yohannan has at least been propagandizing gospel over the radio for a long time- something that most new christian avatars are incapable of... and it is heard that the source of much of his foreign money is his foreign wife (I have no verification, though).
The Bible talks about giving tithe (1/10- one out of 10- of your resources) to God and all our fools think that giving money to religious heads are giving money to God! (All our yesterdays have lighted fools the way to dusty death, says Shakespeare in Macbeth). Yea, they made it out that way! The New Testament nowhere commands, or even recommends that Christians submit to a legalistic tithe system.
I'm glad, in the sense, he could draw a huge amount of money effortlessly to India -like any other bishop. That may be the reason why the Government of India is not after any of these people- for the much-needed foreign currency! That may be the explanation to the action of the Indian Income Tax Dept that levied 85 lakhs (?) of rupees on a religious head of Kerala last year due to his non-declaration of income from foreign countries and thus evading taxes!
Yet I have to declare that I'm not one of Bishop Yohannan fans.
Thank you.
Lamenting on Palestine
If the world will not defend the Palestinians against Israel, they have the right to defend themselves. In the last few days more than a thousand Palestinians have been killed or injured - more than half of them women or children. From green-lighting military operations in Gaza to giving unstinted diplomatic support in the United Nations, the US government is wholly complicit in Israel's latest assault on Gaza.
Israel’s assault on the besieged Gaza Strip has resulted in the death of hundreds of Palestinian civilians, and the toll is likely to rise. Many have been injured as well. Its only a few days ago that a 13 year old Palestinian boy was killed in an Israeli military incursion into Gaza. Still a few days before, a mentally ill Palestinian was killed and another seriously wounded due to Israeli fire. Is there any reason why those couldn't be the starting point of the present 'cycle of violence?' Anyone who would check the facts will soon realize Israel started these attacks.
It’s the American money that is being used to pay for all these atrocities. As Glenn Greenwald wrote in The Guardian, “Israeli aggression is possible only because of direct, affirmative, unstinting US diplomatic, financial and military support for Israel and everything it does". It’s no surprise that those outraged at the latest Israeli assault on Gaza will blame the US for its latest crime on humanity. The western stand has given political cover to the Israeli aggression and encouraged its leadership to continue their attacks. European governments, in contrast to their peoples whose majority support Palestinian rights, have demonstrated their double standards and hypocrisy yet again. The human rights that Europe claims to defend all over the world are denied to the Palestinian people right at your door-step. Shame on you!
Israel’s assault on the besieged Gaza Strip has resulted in the death of hundreds of Palestinian civilians, and the toll is likely to rise. Many have been injured as well. Its only a few days ago that a 13 year old Palestinian boy was killed in an Israeli military incursion into Gaza. Still a few days before, a mentally ill Palestinian was killed and another seriously wounded due to Israeli fire. Is there any reason why those couldn't be the starting point of the present 'cycle of violence?' Anyone who would check the facts will soon realize Israel started these attacks.
It’s the American money that is being used to pay for all these atrocities. As Glenn Greenwald wrote in The Guardian, “Israeli aggression is possible only because of direct, affirmative, unstinting US diplomatic, financial and military support for Israel and everything it does". It’s no surprise that those outraged at the latest Israeli assault on Gaza will blame the US for its latest crime on humanity. The western stand has given political cover to the Israeli aggression and encouraged its leadership to continue their attacks. European governments, in contrast to their peoples whose majority support Palestinian rights, have demonstrated their double standards and hypocrisy yet again. The human rights that Europe claims to defend all over the world are denied to the Palestinian people right at your door-step. Shame on you!
Equality has to be measurable
While sentiments are flying high in connection to the Delhi rape case, the authorities are likely to be carried away in those high-flying emotions. Though I would like to see the perpetrators in like scenarios punished suitably and adequately- irrespective of their status in society, influence or money-power- its only meet and proper to make sure that women's freedom shall, in no way surpass men's freedom or the one should run into conflict with the other, thus creating two types of gender- based citizens . Further, women shall not be allowed to misuse any rights conferred upon them by reason of the new circumstances, thus making men at the receiving end of all conceivable hits and blows, and that necessitates well-trained, culturally- sensitive interrogators and experts to investigate into women's harassment-cum- abuse cases; not 'any police officer'. Child abuse cases shall be treated and acted upon more seriously and prosecuted more vehemently. Above all, the mature opinion of sociologists and medical professionals with emphasis on psychiatrists' must be called upon as well as established norms and practices of developed countries incorporated, before formulating a law in relation to the issue, I feel.
Any takers?
Thank you.
Adv. Alex Abraham Odikandathil
(E-mail sent to Justice Verma Commission after the Delhi gang rape)
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