The labour : Relation between the labour and the food.




http://www.lawyersclubindia.com/forum/Re-Why-should-food-get-charged--34519.asp?1=1&offset=1



Why should food get charged? Has nature not provided it to man for free?



No, not free. One has to put labour for accruing it, either by hunting or by purchase. One more thing that nature not provide food for any animal.



It is the animals who hunt or collect foods from nature. It is direct for animals, but in case of human being the food collection system is different. They collect it from market. In market they exchange labour and collect food. Money is the medium of exchange. We put labour in one market and get money for it. It is sale of labour, in terms of money. In another market, we give money for food and other commodities, and purchase it.



THEREFORE THE BASIC THING IS STILL SAME - WE PUT LABOUR FOR FOOD AND COMODITIES.



"Do we pay anyone to breathe oxygen?"



---- SOMETIMES WE PAY.



For medical purposes, Oxygen extracts from air mechanically, we have to purchase these as oxygen cylinders; similarly rock climbers and people works under the sea use Oxygen cylinders; they collect it on payment. Oxygen chambers are also there - available on payment basis.



Where the question is - breathing oxygen; we take it directly from the nature by putting efforts (which is equal to pay labour). Though it is free in the sense that we need not exchange labour; but we directly put labour to take it from nature.



So why should we pay for food?



Please do not pay for 'food'. You have the every right to starve.



http://www.lawyersclubindia.com/forum/re-why-should-food-get-charged--34519.asp





"Should it not be a fundamental right of each person to get food for free?"



So far - it is not a fundamental right, but, it should be.



It is possible only when all the members of the society, - works free for the society. Otherwise it will simply be another type of exploitation.



Some of our states provide free rice or electricity to the poor people, it seems that it is apparently good but basically it is one type of exploitation. Somewhere, someone paying labour for it, - and some other person enjoy the benefit of that labour, without paying any labour against the free rice or electricity. Where someone pay labour and some other person enjoy it's fruit.



Actually it is a communist approach to the society. I believe that - society moving slowly towards communism, whether we like or dislike is separate thing, but the movement of the society towards communism is a 'definite truth'. It is scientific as well as absolute truth also.



"Was it not god's plan to provide food,air and water for free to all living beings? "



There is no god, nothing like a god, it is imagination only. It is a vague imagination that " god's plan to provide food, air and water for free"



Have you ever seen or experience that - a rat comes before the cat for the purpose of eating itself by the cat?



There is a sanskrit shloke that - "nahi suptasya singhsya prabishanti mukhe mrigaa." ( never a deer reach to the mouth of a sleeping lion).



Therefore we collect food from nature by our efforts and labour and it is the ultimate truth.

HONOUR KILLING IN ANCIENT INDIA.

I had the impression that the honour killing comes from the Arabian Society or Islamic Society to the Indian Society as an imported concept. But when I recall the case of Parashuram, I came to understood that, the concept has the Indian origin also.
• Parashuram killed her mother, to save the honour of his family and father, - being ordered by his father, to kill his mother.
• In Ramayana, the elopement of Sita by Ravan was for the sake of the honour Surpanakha and Ravan. On the other hand the fight between Ram and Ravan was sake of the honour of Ram, - who left Sita latter on.
• War of kuruchetra, in between Kourav and Pandav also a fight for the Honour of Draupadi and Pandav. Though, judhisteer was agreed for five villages instead of whole kingdom, but Vim and Krishna agitate judhisteer repeating the scene of snatching the cloths of Draupadi by Kouravs.

HONOUR KILLING - SUSHMA.

The court was - The Supreme Court Of India.


The bench – Consisted of, Justice VS Sirpurkar,

&

justice Deepak Verma.

• Prabhu Nochil, husband of Sushma Tiwari, was murdered by Sushma's brother, Dilip Tiwari and two of his friends - Sunil Yadav and Manoj Paswan. Dilip and his associates killed not only Prabhu Nochil but also Prabhu’s father Krishnan Nochil, and two others Bijith & Abhayraj. Prabhu Nochil & Sushma Tiwari was neighbours and a love existed between them. Sushma married Prabhu, against her family’s concent. Prabhu, was Malayali and non bramhin. As a result of that, Dilip and his associates killed Prabhu & others and injuried seriously to Prabhu's sister Deepa and mother Indira- who passed away.

• A fast track court, consisted by justice A B Mahajan, sentenced, Dilip, Sunil, & Manoj by death penalty. Observation of the judge was – ‘murders committed in cold blood’ & the case is a "rarest of rare" one. The crime was systematically planned and brutally executed.

• Sushma expressed her satisfaction on the judgment of death sentence awarded by her brother – who killed her love as well as her husband - Prabhu.

• The death penalty confirmed by The High Court of Mumbai.

• Thereafter the case reached to Honorable The Supreme court. The bench consisted of, Justice V S Sirpurkar & justice Deepak Verma. The Supreme Court changed the punishment from death to life imprisonment.

Observation and some of the comments of the Honorable judges of The Supreme Court, were –

1) It was not a rarest of the rare case.

2) The case was a case of “caste crime”

3) “If he the girl’s brother Dilip became victim of his wrong but genuine caste considerations, it would not justify the death sentence”.

4) “The murders were the outcome of a social issue like a marriage with a person of so-called lower caste. However, time has come when we have to consider these social issues relevant while considering death sentence in such circumstances”.



5) "Sushma was the younger sister of this accused (Dilip). It is a common experience that when the younger sister does something unusual--and in this case it was an intercaste, intercommunity marriage out of the secret love affair--then in the society it is the elder brother who justifiably or otherwise is held responsible for not stopping such affair.

6) "The caste is a concept which grips a person before his birth and does not leave him even after his death. The vicious grip of caste, community, religion, though totally unjustified, is a stark reality”.

7) "The psyche of the offender in the background of a social issue like an inter-caste-community marriage, though wholly unjustified, would have to be considered in the peculiar circumstances of this case,"

8) Dilip had carried out the act as he felt humiliated by the action of his younger sister getting married to a so-called lower caste man.

9) "It is held as the family's defeat. At times, he has to suffer taunts and snide remarks even from persons who really have no business to poke their nose into the affairs of the family. Dilip, therefore, must have been a prey of the so-called insult which his younger sister had imposed upon his family and that must have been in his mind for seven long months,"

10) "This was further aggravated because of the so-called higher status of a Brahmin family on the part of Dilip and so- called non-Brahmin status of Prabhu.

11) According to the apex court, the love affair, which went on between Sushma and Prabhu for which Abhayraj acted as a messenger, must have raised Dilip's feeling of being cheated by Prabhu.

12) The bench said all murders are foul but the degree of brutality, depravity and diabolic nature differ in each case and there cannot be a straight jacket formula for deciding upon the circumstances under which the death penalty is a must.

13) "In a death sentence matter, it is not only the nature of the crime but the background of the criminal, his psychology, his soccial conditions and his mindset for committing the offence are also relevant,"the apex court said citing its earlier reasoning adopted in the Bachan Singh case.

14) Citing the Bachan Singh case, the apex court said the principle is that the court should not confine its consideration principally or merely to the circumstances connected with the particular crime but also give due consideration to the circumstances of the criminal.

• "It is because of this that we have ventured to consider the mindset of accused No.1 Dilip and the vicious caste grip that might have provoked the crime committed by him.

• "However, in the peculiar circumstances of this case, mere life imprisonment which is capable of resulting into 20 years of imprisonment or 14 years of actual imprisonment may not be adequate punishment for these accused persons, "the bench said.

• Hence, the apex court said that in the overall circumstances, it would be appropriate that Dilip and Manoj, who assaulted Krishnan, Prabhu and the two helpless ladies, would deserve the life imprisonment.

• "But we direct that they shall not be released unless they complete 25 years of actual imprisonment. In case of Sunil, (third accused) however, since he had not assaulted the helpless ladies nor had he taken part in the assault on Krishnan, he deserves life imprisonment in ordinary sense. He shall have to undergo the 20 years of actual punishment," the bench said in its judgement. ==PTI

• In other words, the court classified the shameful caste-based honour killings as different from other homicides in which the maximum punishment of death can be awarded.

• The Supreme Court also examined the psychology of the killers, including the brother of the girl who stepped out of her caste to marry a Keralite. It said,

• Though agreeing that the killings were gruesome, the apex court said Dilip had carried out the act as he felt humiliated by the action of his younger sister getting married to a so-called lower caste man.

• The Supreme Court took a lenient view that the main perpetrator of the crime was a victim of the "vicious grip of caste".

• The court showed a peculiar leniency & flexibility in this case, and glorify the caste-ism, against the intention, & will of the Constitution.

• A criminal may have some wrong conception on caste-ism, but that cannot be a good cause for lower amount of punishment to him.

• Khap Panchayets are gaining grounds from the conclusion of this case.

HONOUR KILLING - INDIA.

We need a separate set of laws, for honour killing – like 498A or DV act.

Today there is a flood of - honour killing, very particularly on the ground of matrimony.
A large number of people desires that their daughter, sister, will move in marimoney, according to their will, instead of the girl’s own choice/ will. It seems that a girl child is equivalent to cattle, like cow, buffalo or sheep. The girl child can be sent to a place for intercourse according to the choice and purpose of their owners – instead of her own will. The so called ‘honour killing’, makes the cat out of the bag.
We know from the sociologists & psychologists that, the female members of the society first exploited and faced zender discrimination, at their parental home. My personal experience and observation is also same. Not all, but a large number of the parents differ among their children on the ground of sex and provide lion’s share to the son, and deprive the girl child from equality within the family.
A separate section added for murder and cruelty to ‘wife’ – in IPC for the sake of good matrimonial governance.
The Parliament should not overlook the above facts and should create a separate section for such wicked brothers and parents of the victim – girl child?
A separate section in IPC for such murder and cruelty may please be considered to stop such offencess?

SEX & THE HINDUISM.

SEX & THE HINDUISM.

SEX FUNDAMENTALISM.

Sometimes I feel that sex is our enmy and we continiously fighting against it. We try to escape from the grip of sex. We like to kill it - from root, from it's natural shape and growth, in the name of a civilized society.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

UNIVERSAL DECLARATION OF HUMAN RIGHTS
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
ARTICLE 1...
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
ARTICLE 2...
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
ARTICLE 3...
Everyone has the right to life, liberty and security of person.
ARTICLE 4...
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
ARTICLE 5...
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. ARTICLE 6...
Everyone has the right to recognition everywhere as a person before the law.
ARTICLE 7...
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
ARTICLE 8...
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
ARTICLE 9...
No one shall be subjected to arbitrary arrest, detention or exile.
ARTICLE 10...
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
ARTICLE 11...
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
ARTICLE 12...
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
ARTICLE 13...
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
ARTICLE 14...
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
ARTICLE 15...
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
ARTICLE 16...
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
ARTICLE 17...
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
ARTICLE 18...
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
ARTICLE 19...
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
ARTICLE 20...
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
ARTICLE 21...
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
ARTICLE 22...
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
ARTICLE 23...
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
ARTICLE 24...
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
ARTICLE 25...
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
ARTICLE 26...
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
ARTICLE 27...
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
ARTICLE 28...
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
ARTICLE 29...
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
ARTICLE 30...
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.