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I filed a petition that the milk defined under the prevention of the Adulteration Act 1975 is different from the definition of the milk products as importing of the skimmed milk, condensed milk,…Continue
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Sonia Gandhi and Rahul Gandhi are Vernacular. Nehru Eliminated Patel as he provided the integrated India . Sri Shyama Prasad Mukharjee was murdered through administering the Poison by Sheikh…Continue
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This is an urgent massage Chitapur Police station in Kolkata , is harassing ASHU MOGIA at 2.39 A.M. asking not to save the COWS meant For SLAUGHTER ON BAKRA ID west Bengal . Please Call him atonce…Continue
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By destroying nature, environment, man is committing matricide, having in a way killed Mother Earth. Technological excellence, growth of industries, economical gains have led to depletion of natural resources irreversibly. Indifference of the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position. In the case at hand, the alleged victim is the flora and fauna in and around Kudremukh National Park, a part of the Western Gates. The forests in the area are among 18 immediately recognized “Hotspots” for bio-diversity conservation in the world. The I.A. 670 of 2001 was filed by Sri K.M. Chinnappa describing himself as trustee. Wildlife First.
‘Environment’ is a difficult word to define. Its normal meaning relates to the surroundings, but obviously that it is a concept which is relatable to whatever object it is which is surrounded. Einstein had once observed, “The environment is everything that is n’t me”. About one and half century ago, in 1854, as the famous story goes the wise Indian Chief of Seattle replied to the offer of the great. White Chief in Washington to by their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is first over and the most understanding statement on environment. The whole of it is worth quoting as any extract from it is to destroy its beauty.
“How can you buy or sell the sky, the warmth of the land? The idea is strange to us.
If we do not own the freshness of the air and the sparkle of the water, how can you buy them?
Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every cleaning and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man.
The white man’s dead forget the country of their birth when they go to walk among the stars. Our dead never forget this beautiful earth, for it mother of the red man. We are part of the earth and it is part of us. The perfumed flowers are our sisters, the horse, the great eagle, these are our brothers. The rocky creats, the juices in the meadows, the body heat of the pony, and man-all belong to the same family.
So, when the Great Chief in Washington sends word and he wishes to buy our land, he asks much of us. The Great Chief sends word he will reserve us a place so that we can live comfortably to ourselves. He will be our father and we will be his children. So we will consider your offer to buy our land. But it will not be easy. For this land is sacred to us.
This shining water moves is the stream and rivers is not just water but the blood of our ancestors. If we sell you land, you must remember that it is sacred, and you must teach your children that is sacred and that each ghostly reflection in the clear water of the lakes tells of event and memories in the life of people. The water’s murmur is the voice of my father’s father.
The rivers are our brothers, they quench our thirst. The river carry our canoes, and feed our must remember, and teach your children, that the river are our brothers, and yours and you must hence forth give the kindness your would give any brother.
We know that the white man does understand our ways. Our portion of land is the same to him as the next, for he is a strange who comes in the night and takes from the land whatever he needs. The earth is not his brother but his enemy and when he has conquered it, he moves on. He leaves his father’s graves behind, and he does not care.
He kidnaps the earth from his children. His father’s grave and his children’s birth right are forgotten. He treats his mother, the earth, and forgotten. He treats his mother, the earth, and his brother, the sky, as things to be bought, plundered, sold like sheep or bright beads. His appetite will devour the earth and leave behind only a desert.
I do not know. Our ways are different from your ways. The sight of your cities pains the eyes of red man. But perhaps it is because the red man is a savage and does not understand.
There is on quiet place in the white man’s cities. No place to hear the unfurling of leaves in spring or the rustle of in insect’s wings. But perhaps it is because I am a savage and do not understand. The clatter only seems to insult the ears. And what is there in life if a man cannot hear the lonely cry of the whippoorwill or the arguments of the frogs around a pond at night? I am a red man and do not understand. The prefers the soft sound of the wind darting over the face of a pond, and the smell of the wind itself, cleansed by a mid-day rain, or scented with the pinon pine.
The air is precious to the red man, for all things share the same breath-the beast, the tree, the man, they all share the same breath. The white man does not seem to notice the air he breathes. Like a man lying for many days, he is numb to the stench. But if we sell you our land, you must remember that the air is precious to us, that the air shares its spirit with all the life it supports. The wind that gave our grandfather his first breath also receives the last sign. And if we sell you land, you must keep it apart and sacred as a place where even the white man can go to taste the wind that is sweetened by the meadow’s flowers.
So we will consider your offer to buy our land. If we decide to accept. I will make one condition. The white man must treat the beasts of this land as his brothers.
I am a savage and I do not understand any other way. I have seen thousand rotting buffaloes on the prairie, left by the white man who shot them from a passing train. I am a savage and I do not understand how the smoking iron horse can be important than the buffalo that we kill only to stay alive.
What a man without beasts? If all the beasts were gone, man would die from a great loneliness of spirit. For whatever happens to the beasts soon happens to man. All things are connected.
You must teach your children that the ground beneath their feet is the ashes do our grandfathers, so that they will respect the land. Tell your children that the earth is rich with the lives of our kin. Teach your children what we have taught our children, that the earth is our mother. Whatever befalls the earth befalls the son of the earth. If man spit upon the ground, they spit upon themselves.
This we know: The earth does not belong to man, man belongs to the earth. This we know: All things are connected like the blood which unites one family. All things are connected.
Whatever befalls the earth befalls the sons of the earth. Man did not wave the web of life; he is merely a stand in it. Whatever he does to the web he does to himself.
Even the white man, whose God walks and talks with him as friend to friend cannot be exempt from the common destiny. We may be brother after all. We shall see. One thing we know, which the white man may one day discover-our God is the same God. You may think now that you own him as you wish to own our land; but you cannot. He is the God man, and his compassion is equal for the red man and the white. This earth is precious to him, and to harm the earth is to heap contempt on the creator. The white too shall pass perhaps sooner than all other tribes. Contaminate your bed and you will one night suffocate in your own waste.
But in your perishing you will shine brightly, fried by the strength of the God who brought you this land and for some special purpose gave you dominion over this land and over the red man. That destiny is a mystery to us, for we do not understand when the wild buffaloes are slaughtered, the wild horse are tamed, the secret corners of the forest heavy with scent of many men and the view of the ripe hills blotted by talking wires. Where is the thicket? Gone, where is the eagle? Gone. The end of living and the beginning of survival.”
It would be hard find out such dawn to earth description of nature. “Nature hates monopolies and knows no exception. It has always some levelling agency that puts the overbearing, the strong, the rich, the fortunate substantially on the same ground with all others” and Zarathustra. Environment is polycentric and multi-facet problem affecting the human existence. The Stokholm Declaration of United Nation on Human Environment, 1972, reads its Principle No. 3, inter alia, thus:
“Man has the fundamental right to freedom, equality, and adequate condition of life. In an environment of equality that permits a life of dignity and well being and bears a solemn responsibility to protect and improve the environment for present and future generations.”
0532/2436451—(2)-2637720—(Mobile)-9415284843----(mobile)-9451181638
Yogrekha@rediffmail.com
ADVOCATE, HIGH COURT
GENERAL SECRETARY ALL INDIA BAR ASSOCIATION SUPREME COURT
EX SENIOR VICE- PRESIDENT, ADVOCATE’S ASSOCIATION
STATE TRESURER , ALL INDIA LAWYER’S ASSOCIATION
( U.P. ADHIVAKTA SANGH) R/O H.I.G.203, PREETAM NAGAR, SULEM SARAI, ALLAHABAD, U.P. INDIA
Posted on November 4, 2011 at 4:27pm 0 Comments 1 Like
The dimension and horizon created by our mentor guardian of all the three organs on account of its slave orientation to drag an individual to the point of abrogation and subjugation by confining his inner instincts and his existence is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point.
I got my object of life at the same point,
Where I…
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The township adjoining the Kutub Minar is known as Mehrauli. That is a Sanskrit word Mihira-awali. It signifies the town- ship where the well known astronomer Mihira of Vikramaditya's court lived along with his helpers, mathemati- cians and technicians. They used the so-called Kutub tower as an observation post for astronomical study.
The township adjoining the Kutub Minar is known as Mehrauli. That is a Sanskrit word Mihira-awali. It signifies the town- ship where the well known astronomer Mihira of Vikramaditya's court lived along with his helpers, mathemati- cians and technicians. They used the so-called Kutub tower as an observation post for astronomical study.
What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ?
“All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminals are not punished.”
“A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice is the greatest sinner.”
“ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.”
“ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.”
“ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefor no man should ever destroy justice.”
“ In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But company of justice is never cut off.”
Thus when injustice is done in the government and the Hon’ble Court due to inadvertent do not dart injustice and may attribute some partiality with underrepresented poor citizen and protect the criminal or doer of injustice, there may not be such deserving respect and it may circumvent the law with all inequity. Such a situation is alarming in the nation as the law which is regarded to make the citizen free from all side of encroachment, has itself is making the people enslave. Let a situation be derived by breaking the chain which is providing restriction to fight against the injustice. Although it is an iron curtain, but still one cannot blot all such hopes, as the hopes belong to a future. A single day light may shallow the darkness from our country.
There is another aspect of the picture that a bread earner, who is knocked by a fast moving vehicle, may get some compensation from the insurance company or from the owner of the vehicle under vicarious liability but if the person is stabbed inside his abdomen by the assailant, there is no compensation given to the victim. In case of death out of onslaught by some criminal, there is neither the punishment for the crime nor the compensation to the family of the victim citizen. How the government can claim to be the representative of the people ? What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ?
Let us examine the aspect of putting a poor farmer inside the lockup for the reason that due to the natural calamity and ecological misbalance, he could not ripe the harvest in the season and therefore was unable to repay the loan which he had taken for the improvement of the land. It is well known that the state government is the absolute owner of the entire agriculture land and the farmer has got only the cultivators right and if something is done for the improvement of such land, how the poor farmer can be kept in confinement. There is only one reason that in the country of “Daridranaryan“, the poor person is subjected to suffer the atrocities of the superior person but the rich people are above the law. One should not tolerate the injustice committed by the wrong doer over the innocent person as it is generally understood that the robbers usually rob the rich person while the government robs the poor people and leave the rich people beyond the clutches of law enforcement machinery.
The culture and heredity plays a vital role in governing the nation. There should not be the denouncing to the existing values by invasion of encroachment over the existing set up. The attitude of the people is important and a governing factor to built up a society otherwise the inglorious incidents shall take over the existence of the society. The capitalism approach of life with atrocities committed by the superior over the down trodden is required to be dealt with sever punishment as there is no protection to the poor class of citizen.
There is always a struggle for existence and it is understood that the survival of the fittest is the ultimate notion. Thus it is considered that a criminal coming in the public and getting ruthless shooting in discriminatory and mercilessly killing the innocent inhabitants in the society is seldom punished by the court of justice. He is evading his arrest and in case if he is being arrested, he may be bailed out easily and even in case of conviction, he shall rarely be confined in the four corner of the jail premises. This is the law of our nation.
The government should watch if the justice is upheld in inflicting of punishment and no unjust punishment is inflicted. The treasury and the executive work must be in the hand of such responsible person who should be held responsible for the lapses and given deterrent punishment, in case they are found to provide the loss to the public exchequer. It is as fare if one hundred entrenched garrison soldier can resist the attack of ten thousand enemies, why not a patriot to this nation may be able to get the correct prospective of our system. Thus it is not only the punishment for reformation or censure is imposed but in the deserving case, the person deserving punishment may be provided with the exemplary punishment as no other person could dare to commit such wrong with the people. In case of violence, theft , adultery defamation, insult and assault, since these offences are usually being committed in secrecy, the onus is shifted on the accused person to prove his innocence.
The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one. There were ten evils always recognised from ancient time which are arising from the love of pleasure; i.e 1) Hunting, 2) Killing of innocent animals, 3) Gambling, 4) Sleeping by day time, 5) Listening to love talks and scandals, 6) Excess with women, 7) Use of intoxicant, 8) Singing in club, 9) Playing musical instrument in night clubs, 10) Useless strolling. These vices are now been accepted in the society as the necessary evil. Nothing can eradicate the prevailing maladies except by strict enforcement of the discipline which is not given the due priority in our country.
The country must be free from enemies and for this purpose law and order situation must be effective in vanquishing the enemies and resisting their onslaught. For this purpose, the enforcement agency be admirable and efficient for becoming victorious through benevolent rules and regulation. The law of punishment is the dispenser of justice. The theory of retributive justice must be implemented to wake the people who are fast sleeping. It is difficult to wake them by shouting a voice as those who are having the intoxication by power, wealth and privilege may not rise to the occasion for the advancement of the country. This is important as the virtue of religion which is meant to preserve the justice and not to destroy it. The abortion of justice provokes the resentment of the people. Thus it is important that at least a person who is sitting on the seat of legislating the law and to deliver judgement may not be voluptuaries, malicious and if he has such disqualification, then the person occupying such position should be punished by retributive justice.
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