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Permalink Reply by Yogesh Saxena on August 30, 2010 at 9:41pm

Ethical value in scientific invention versus Law and society
The principle of science is discovery than what is the doctrine of any social framer of our society. There is inherent conflict between the principle of society, which is of continuity and conservatism and that principle of science, which brings about invention and challenge to conservation. Thus we have to invent a delicate balance; as science seldom has the facilities that it deserves accept when misfortune comes, while the society is inclined to protect conservation. Can in such curiosity ,invention and exploring the unrest, any society may be protected without enforcement of Rule of Law in the Society?.
The History of man has always been characterize by enduring and attempting for exploration of new frontiers, in reaching out to new environment and to built understanding with the Nature. The frontiers are control by intellect and capability, which is motivated to explore the unknown mystery. Challenge to excite the intellect creates devise new techniques, new instruments and new approach to unknown area of Nature. Thus the problem relating to the vital force of science in relation to the society always remain the same.
Creativity is the sign of invention. Enthusiasm leads to ambition. Thus instability becomes the condition of mind, which is never pacified in isolation. Thus search for the new dimension and to realize its effect upon curiosity is the desire of an individual. There is the secretion of male Harmon due to the biological factors, which governs the activity of the mind of the criminal in commission of sexual crimes . Thus the mind of such criminal to has got the learning in a sex starved society; in which the man has no respect for women. This stimulate them to indulge for committing an offence of sexual assault upon women. The society provides a check upon it through law enforcement agency and simultaneously maintaining the balance to the individuals liberty. The ratio of the fear upon the psychology of an individual person is having a vital role to preserve the society from Commission of a Crime. The recent incidents of committing the rape, in Budha Jayanti Park of a girl student of Molana Azad Medical College, at Siri Fort Auditorium with Swiss Diplomat, with a Foreign Tourist in Goa and also the attempt upon Lady assistant Film Producer in New Delhi during Film Festival, has atleast provided introspection upon our legal system. Although many incidents of the rape committed with the women remain unreported due to the stigma upon her character and dignity of the family of the victim girl, as there is no protection to the women in the society.
The legal system in India stinks. The victim is shamed. The evidence is tempered with. Experts are persuaded to change their mind. DNA samples and viscera are tempered in the science laboratory thus the judicial system is a mess, which insults a woman’s dignity and perpetuate sexuality more quickly and punished her more hardly than the punishment provided to the culprit of the crime. Thus without giving spontaneous punishment to the culprit, we can not ensure the dignity of the women and as such there will be damning indictment of the state of law and order in the society.
The structure of the society due to obscene western visual media, information technology, infra structure has gone through vital change and thereby it has become less conservative and more flexible. This transformation from a rigid traditional structure and the growth of scientific culture is not only reproducing the economic change, but also the having the change in social and ideal condition of the living standard of his society . There is a rape victim at the intervening period of every three minutes in New York , USA . The reason is anonymity and melting pot for the entire globe. New Delhi is ghastly converting this culture and their has been new method, technique and the invention of new infra structure to kill the basic instinct of an individual. Thus our cultural heritage is not preserve with the modern scientific temperament and western environment .In the Indian condition, where there is no surety of life and virtually there is no punishment for a criminal, how dignity of the women may be protected. Simply by the enforcement of law and order by maintaining a delicate balance between the personal liberty and crave is there for liberation from the bondage of the women, the crime cannot be put under control. There is no other system enforceable accept the imposition of self introspection upon our basic instinct of liberty and freedom.
The existence of scientific culture, the economic change and new technology has provided the necessity for social change ,there is no protection and guarantee to the people regarding their Fundamental Right to Work, Right to Education and Right to medical assistance by the government of India. In absence of these rights, the creativity as the basic desire of the scientific temperament simply converts an individuals for psychological diversification to try the impossible, which is not try by the other individual. In search of this objective in life one may easily divert him to pacify his basic instinct by committing some kind of crime. This is a law less society. Here is no fear in the mind of a criminal. Thus the thought are conveyed not merely as an ideological or philosophical discourse but in a prospective destruction of the various values and traditions of the society.
Let us have a confrontation with the scientific temperament and that of infra structure for modern civilization with the Scientific invention. The electron was discovered and within a decade, the first electronic valve, the triode, was invented. The solid state device of transistor was invented giving rise to the birth of solid state electronics. Ultimately the electronic circuit incorporated the tinny chip of silicon, which converted into the possibility of the modern computers and space technology. The field of electronics has grown up in an explosive fashion with communication equipment, while the nucleus of the atom through the phenomenon of nuclear fission has wiped the cities of Hiroshima and Nagasaki in Japan. Thus, on one hand, if you want to take the advantage of modern computers and other electronic equipment, than on other hand, we may also face the destruction of the human civilization. If the energy in the sun and in the stars is used in destructive form, it may vanish the entire civilization. Thus, in absence of any introspection to the growth of civilization being tackled with our traditional cultural heritage, we may not stop these fundamental changes in the society. Thus the crime, to the society and upon the dignity of the women, has to be seen in the light of social conscience of scientific invention with the conservative integrated approach through meaningful education and spirit of nationalism in order to control an explosive situation. This can only be tackled by accountability of the law enforcement agencies and by reductions of the disparity in our society. If It is not checked with an iron hand in a very short duration, this may convert the entire world in a lawless society.

Permalink Reply by Yogesh Saxena on August 30, 2010 at 9:41pm

SOVEREIGN IMMUNITY RESTS ON TWO PRINCIPLES
Sovereign immunity rests on two principles. The one expressed in maxima par in parem non habet jurisdictionem is concerned with the status of equality. The other principle on which immunity is based is that of non-intervention in the internal affairs of other States. In the days of trade and commerce, international interdependence and international opening of embassies, in granting sanction the growth of a national law in this aspect has to be borne in mind.
. Immunity of foreign States
The interpretation of the provisions of Code of Civil Procedure must be in consonance with the basic principles of the Indian Constitution. . Immunity of foreign States to be sued in the domestic forum of another State was and perhaps still is part of the general international law and international order and it is not necessary for the present purpose to consider its origin, development and the trends in different countries. As Professor H. Lauterpacht writes in "The British Yearbook of International Law 1951" (Volume 28) on "The Problem of Jurisdictional Immunities of Foreign States" at page 230 that the assumption of jurisdiction over foreign states by the domestic court was considered at one point of time to be contrary to the dignity of the foreign states and as such inconsistent with the international courtesy and the amity of international relations. This has been in the past a persistent theme of judicial decisions. It may be noted that in so far as the doctrine of immunity owed its acceptance to the decisions of the courts of the United States it is explained to some extent by the fact that it was by reference to dignity of the states of the Union that their immunity from, suit was urged insistently and repetitiosly. During the debates preceding the adoption of the Virginian Convention in 1978, John Marshall stressed the element of indignity inflicted upon a state by making it a defendant in an action. (Elliot, Debates - 2nd Ed. 1836, page 555). It may be of historical amusement specially in the context of Indian Constitution and the growth and the history of the Indian Constitution to note that in the leading case of Chisholm v. Georgia, (1793) 2 Dall 419, 425 the main argument for the defendant state was that it was a 'degradation of sovereignty in the states to submit to the supreme judiciary of the United States. The courts of the United States have gone to the length of relying on the argument of dignity in the matter of immunity of foreign states from taxation. In England, 'dignity', coupled or identified with 'independence', played an important part as an explanation of the doctrine of immunity of foreign states.

Permalink Reply by Yogesh Saxena on August 30, 2010 at 9:42pm

62 YEARS OF OLIGARCHY

India has now been engulfed by the fire of hatred among the citizens, by the fire of scam and corruption amongst bureaucrats, by the fire of greed, lust and passion through politician and this is a paradise lost to perpetuate them under parliamentarian system. There is no respect for law, no respect for our cultural heritage and traditional values. The dream of independence by our people has been shattered, battered and broken by unholy combinations of greed , lust and power based on falsehood and violence. The nation is at cross roads with devils workshop on one direction and the deep sea of uncertainty towards the other. There is a dark cloud of uncertainty with complete chaos.
The ideals of peace and non-violence are good enough to be taught, but the same are not applicable for experience as there is complete deterioration of moral values and nobody is interested in a holding them. The leadership are in the hands of those mediocre which are deliberately degenerating the disintegration of the values and are totally independent upon the false projection of their phobia amongst the masses as nobody could even think of resisting them.
The plague of castes amongst the down trodden masses has provided the exclusive monopoly to be ruled by them who demonstrates welfare, but exploit the poverty. There is no check and balance in the game of politics. The spiritual purity of thought is converted into the support from greed and desire by the politicians to their own profit amongst the backward classes. This has provided at tug of war between upper-class and backward class to the larger advantage of our parliamentarian. We have to look within ourselves and find out the answers these problems to build an ideal earthly kingdom to our nation.
Nature has the tremendous effect by its own creation to fight against the prevailing disturbances created by the human errors. The tendency to provide an encroachment over the equilibrium, maintained for necessary check and balance as the phenomena which constitutes the involvement of the ecology on one hand and the potential advancement of the technology on the other hand with restrictions. In such situation there is a violent stroke of the natural calamities having drastic effect on the viability of the mankind and survivability the human race. This was the concept of our Hindu philosophy that since the nature is co-existent to the ingredients of life, as such there should be proper respect to the valuable treasure hidden inside the coverage of the nature. The Himalayan prosperity, the rivers flowing through its and thereby providing the essential water required for the irrigation over the land providing the cultivation for the production of food grains were respected as equivalent to god and goddess in the Hindu religion. There was comparison for animals, who are providing their necessary contribution for the preservation of nature and therefore it was only Hindu religion that the cow has been dealt with as mother for every human being. The cruelty to the nature and even over other the creation of the nature and therefore it was only Hindu religion that the cow has been dealt with as mother for every human being the cruelty to the creation has been prohibited in Hindu sanskriti and they used to worship all the trees providing coverage to the birds , animals and also to human beings. There was offering of the milk to the snakes on Nag - Panchami on account of the fact that even the snake was considered to be a friend of human being and the enemy to the rat who used to consume and destroy the harvest cultivated through human efforts. There was in itself check and balance by the nature and the man was considered to be more happier within the limited resources and therefore from the beginning even the princess were sent to the small huts for their physical and spiritual training under the guidance of the sages ,who have already given up all their comforts for the eradication of prevailing maladies in the societies and these sages were given a status above to the ruler of the particular nation. Thus the ultimate effect of the Hindu mythology was to preserve the nature, which is the ultimate goal of every religion. Unfortunately this message could not be communicated to the followers of other religion and as such the drastic effect has been visualised as the green vegetation was converted into the desert, wherever there was expansion of any other religion in contradiction with ideals and cultural heritage of Hindu mythology . India, which was considered to be the golden country ,is now leading towards the same deserted outlook effect as is evident in the middle Asian countries. It is for this reason that the prediction was being in the earlier 19th century that every religion will lost it’s significance, which is not coexistent with nature and rather detrimental for being co-ordinator to boost up the natural resources which are essential for the survival of human race.

Hindu religion is now on the verge of its extinction as its foundations are based on non-aggressive trend and worship to other religion. The humanity is the sole criteria , and nothing like fanatic aggressive trend is adopted for its expansion, which is prevalent in this religion rather there is the broader perceptiveness for adoption to the followers of the other religion. The qualification of generosity has become at disqualification for its preservation and existence. Thus it has now become a fundamental duty of every citizen having faith in Hindu religion to fight against the divisive forces who are keeping silent over the effective and prevailing encroachment of Hindu tradition and this is utmost important that if we want to protect violent strokes of nature then the survival of Hindu religion is necessary.
The extinction of Hindu race is evident by the bare factor that our monuments and the place of worship have been demolished or converted into different form by the followers of other religion. The attack is now being made on very foundation, which were maintaining the existence of Hindu religion. The prevailing tendencies of materialistic approach, conceptual deterioration through sacrosanct and contract of marriage , the food habits of non-vegetarian dishes by adopting the cruel method of slaughtering the animals and non spiritual trend of giving up habit of self resistance, are now prevailing in our nation, which is a clear indication that our country, which has been ruled by Mogul invaders and British conqueror by adopting the Roman policy of ‘Divide and Rule’ again in the clutches of foreign aggressiveness and the time is not ready for, when the policy of appeasement to the divisive forces and advantages to the dishonest opportunist will completely ruin down the basic cultural heritage and the traditional values of Hindu heritage from the scene of Indian continent, from where, it was a originally inherited through the grace of Almighty. The extinction of our cultural heritage to the drastic effect is due to sycophancy and hypocrisy which is always inclined to hero worship tendency in Indians, and has given opportunity to power politics to our leaders and from a promulgate religious domination by the few individuals. Mankind is in the habit of suffering through worst catastrophe by the violent stroke of nature. Nature , which preserves, its preserver; but simultaneously ,it also destroys its destroyer. This is the most complicated phenomena of the omnipotent protector but is seldom treated with respect by the human being. There was individual praise instead of appreciating the benevolent qualities and spiritual knowledge and this is followed by the theory of intelligence through birth. The Hindu religion had classified the four sects of Brahmins, Kshatriya,

Permalink Reply by Yogesh Saxena on August 30, 2010 at 9:46pm

Inflation and black money is in the form of parallel economy. The eradication of black money for a viable economy of the Country is required for a healthy structure on all its front. The factors responsible for the generation of black money are required to be spotted just to provide a curve over the nefarious activities of the politicians and other bureaucrats in the society which is responsible for compelling the 60% of the population to live below a poverty line. The judicial institutions has partly realised the ideals of the constitution to develop through judicial activism in the form of a revolution for providing a check over the reprehensible conduct of the people to accumulating enormous well through any means. “Fair or Foul” at the cost of Nation. Price rise to the fantastic levels and velocity or liquidity of money circulation became enormous. One of the main feature of inflation is that money looses its value. This is virtually in confrontation with the aimed social objectives of legitimate expectations of the citizens.
The factors responsible for the generation of the black money: (a) Divergence between acceptable rate of return and legally permissible rate of return. (b) Consequences of controls, licensing system, quotas, permits of commodities. In effective enforcement of tax laws like income-Tax. Wealth Tax, Estate Duty, Sale Tax, Stamp Duty, Excise Duty, Octrol Duties etc. (d) A considerable part of black money has encourages diversification of resources in the purchase of real state estate and investment of such money in constructing “Luxury Houses”. Precious stones, jewellery and other venerable land situated in posh society. (e) Discretionary powers wasted in the ministers. (f) Fear of laws of power by our Bureaucrats. (g) Un-cordinate response of the public to provide a check over such activities of their representative through mandate in the elections and in effective judicial accountability due to the non-introduction of the terminology “Due process of Law” instead of procedure establish under law. The quantum of black money consequent upon by the method of tax evasion, tax concealment, smuggling in imports & exports, production of elicit commodities, artificial escalation or the prices, has resulted into part it away to the estate for the purpose social welfare. The estimated income on which the tax has not been paid would probably be more than 7200 crores according to the estimated data’s. Thus black money is very important route cause of urban value which deprives the Government its legitimate dues by way of taxes to the exchequer and induces dishonesty in the individuals trying to get more & more accommodation beyond his means. Transactions involved and element of black money. No individual posses adequate white account of money to buy a flat, thus this has ultimately resultant to the creation of black money as the parallel economy in the nation. The idea of inflation accounting mooted during the 2nd world war which became the topic of active discussion and ultimately attained momentum and due to the rapid universal inflation is persisting upon as a major problem in the country which has the effect of the almost crippling the entire economic structure of society in all sphere. Inflation and black money has become menace to Indian Society and its economic structure in all its spheres. It has become necessary to have a rethinking in all the monetary polities of the Government and their administration in all sectors as to how incorporate the effect of inflation accounting to eradicate black money from the society. This requires a strong Government and a high morality in living pattern of society. It needs fighting with all statutory powers wasted in Government. Inflationary tendencies have to be contained within a tolerable limits Government expert economics and planners with eminent public men requires the determination of inflationary trends which is galloping in nature and very difficult being tricky and onerous, to tackle by ordinary process.
Time is free-fold present: as we experience it the past as the present memory and future as a present expectation .The expectations can not be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope even leading to a moral obligation can not amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfilment of the expectation where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. the protection is limited to the extent of judicial review. To strike down the expectation of an individual adrift to the pragmatism. Thus millions of people belonging to the deprived and venerable section of the humanity were looking to the courts for improving their life conditions and making back human rights meaningful for them. The Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with “tryst with destiny”. The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of new found judicial power in the service of “WE THE PEOPLE OF INDIA” who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation.

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