Monday, July 10, 2017

Admission Arguments in Court No:1, WP(PIL) 165/2017 on 4th July 2017



Admission Arguments in Court No:1, WP(PIL) 165/2017 on 4th July 2017:
I have prepared with all flagging and bare acts and drank a sip of water J
As soon as my item number 52 called out, I started with;

Me:Even after 70 years of establishment of Democratic Republic, we see huge Void in the integration of Weaker Sections and Disadvantaged Groups in the mainstream Society. This Void is growing day by day, and threatening the very FABRIC of UNITY and INTEGRITY of The NATION, besides prohibiting these groups to strive for excellence and live with DIGNITY, thus promoting Inequality, Discrimination in Our Democratic Republic Society.(I should have directly told“the Non-Implementation of Section 12(1)(C ) of RTE Act, which guarantees 25% quota in Private Schools, is infringing the Fundamental Rights of more than 14 lakh minor Children who belong to Weaker Sections and Disadvantaged Groups”)

Hon’ble Chief Justice of AP HC: What is Your Main Prayer?

Me: Milord, 25% Quota for Weaker Sections and Disadvantaged Groups in all private Schools

Hon’ble Chief Justice of AP HC: Where is it present?

Me: Milord, u/s 12(1)(C ) of RTE Act,2009; (I handed over the two bare Acts to the court Clerk, and he gave them to Hon’ble Chief Justice of AP HC and Justice T.Rajini)

Hon’ble Chief Justice of AP HC: GP what is your Stance?

GP for School Education of AP & Telangana Stood up:
GP for AP: He has admitted implicitly that they are implementing the Quota, but tried to give excuses, and beating around the bush, saying, they have issued a GO, they are considering it etc.

Hon’ble Chief Justice of AP HC: What is your Stance?

GP for AP: Milord, we will file a detailed Counter; there is also one connected matter.

Hon’ble Chief Justice of AP HC: Admit and connect with the earlier case.

Me:MiLord, besides 25% quota, there are 3 other issues raised in the present petition, milord.

Hon’ble Chief Justice of AP HC: Ok, we will here all of them together.

Me: Oblige Milord.

Hon’ble Chief Justice of AP HC and Justice Rajini; closed the matter:

Court Clerk started reading Item number 53:
Another clerk gave my two bare Act books
I went back to the client gallery.
This happened around 11.15 am
Again around 1.30 Pm I went to Court Room to enquire the connected matter and found that 74/2015. When I asked, when the next hearing of the case, the  steno replied after AP and TS file their counters.

for more details 
http://hc.tap.nic.in/csis/MainInfo.jsp?mtype=WP(PIL)&mno=165&year=2017

Women Equality in Religious Philosophy: Hindu, Christianity and Islam



Women Equality in Religious Philosophy: Hindu, Christianity and Islam
Hinduism
What is the view of Hinduism’s highest scriptures (Sruti) on the position of women?  

Religious scholars agree that Upanishads are the highest among even the Sruti scriptures.  The philosophy of all the Upanishads is summarized in four verses, which are called Mahavakyas (great utterances).  

These are:  
·        aham Brahmasmi (I am the spirit, i.e. atman), 
·        tat tvam asi (That thou art), 
·        prajnanam Brahma  (Brahman is pure consciousness) and 
·        ayam atma Brahma (this self is Brahman). 

 In different ways and by different words, all these four Mahavakyas simply confirm the fact that an individual regardless of religion, race, culture, gender, color, cast, creed or geographic location is atman clothed in a physical body.  The physical body we get is the result of our past karma.  What we are now is the result of our past practice and again practice makes us what we shall be.  The differences between individuals exist only at physical level.   

There are no spiritual differences between man and woman.  The husband and wife are the two sides of the same coin.  They are the two manifestations of the same atman. For this very reason, Swami Vivekananda says, “The husband and wife are the two wings of a bird.”  This is the highest teaching of Hinduism and comes from its highest scriptures.

 The most important rite of the Vedic wedding ceremony is Sapatpadi.  Here the bride and bridegroom take seven steps together around the nuptial fire (Agni) and make the following seven wedding vows to each other:

 “With God as guide, let us take, the first step to nourish each other, the second step to grow together in strength, the third step to preserve our wealth, the fourth step to share our joys and sorrows, the fifth step to care for our children, the sixth step to be together forever, and the seventh step to remain lifelong friends, perfect halves to make a perfect whole.”

 The words “perfect halves to make perfect hole” is the final word of Hinduism on the relationship between husband and wife.  Thus Hinduism provides same religious rights and privileges to women as it does to men.  Neither is woman superior to man, nor is man superior to woman.  Both are “perfect halves to make perfect hole.” 

 The following are quotes from other scriptures that further confirm the equality between men and women in all religious and spiritual aspects:

 “Unite, O Lord, this couple like a pair of lovebirds.  May they be surrounded by children living both long and happy ”  Atharva Veda Samhita 14.2.64
“Let there be faithfulness to each other until death.  This may be considered as the summary of the highest law for husband and wife.”     Manu Smriti 9.101

“May our prayers and worship be alike, and may our devotional offerings be one and the same.”   Rig Veda Samhita 10.191.3

 “To call women the weaker sex is libel; it is man’s injustice to women.”  Mahatma Gandhi

“The wife is not the husband’s bond-slave but his companion and his help-mate and an equal partner in all his joys and sorrows---as free as the husband to choose her own path.”  Mahatma Gandhi

Christinity

Galatians 3:26-29


Galatians 3:28 “There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all one in Christ Jesus.”


Romans 2:11 “For God shows no partiality.”


Islam:
“O mankind! Fear your Lord Who (initiated) your creation from a single soul, then from it created its mate, and from these two spread (the creation of) countless men and women.”
(al-Qur’an, 4:1)
This Verse clearly expounds that man or woman are created from a single entity and are basically equal genders. As a gender, one is not superior to the other.
“And according to usage, women too have rights over men similar to the rights of men over women.”
(al-Qur’an, 2:228)
This Verse denotes that rights enjoyed by men are the duties of the women and the duties of men are the rights of women. This implies a similitude between both the genders. There is no right conferred on man that woman may be deprived of because she is a woman.
“Men, however, have an advantage over them.”
(al-Qur’an, 2:228)
Here the Qur’an refers to man’s superiority by virtue of his responsibility of protection and maintenance of woman and fulfillment of their rights. Nature has made him stronger, more responsible and tolerant with reference to mundane matters of life. So man is held superior to woman in the grade of responsibility.
Social and societal structure of Islam is based on family system which can be secure if made subservient to natural discipline:
“Men are guardians and managers over women.”
(al-Qur’an, 4:34)
The Arabic word ‘qawwam’ used in this Verse denotes support, protection and supervision according to the Arabic usage. The relation between rights and duties in Islam is reciprocal and cannot be compartmentalized. However, man has been made more responsible in connection with the performance of social and economic obligations. Maintenance of woman is the basic responsibility of man in the Islamic Law. At no place has this responsibility been placed on woman. Woman has been freed of the burden of social, political and economic responsibilities. But they have been given more freedom than men under certain rules and regulations and the opportunities for women to capitalize on them are more than those enjoyed by men. For example on economic matters the Qur’an says:
“Men will have a share of what they earn, and women will have a share of what they earn.”
(al-Qur’an, 4:32)
For men is what they earn and for women is what they earn. But woman has not been burdened with the financial responsibilities of family. It has squarely been placed on the shoulders of man; he is responsible to ensure the fulfillment of the rights of woman even though she may be earning herself. It is not her responsibility to bear the financial burden of a family. Whatever she earns is her personal income to which man cannot stake any claim legally. However, it will be an act of benevolence on part of a woman if both of them spend on the wellbeing of their children out of their volition. But whether she earns or not she has been given the guarantee of complete economic maintenance; man is responsible for that.
Men and women enjoy equal rights in all walks of life according to teachings of Islam. Islam regards woman a complete legal personality. Like man it has given woman the right to choose the head of the state, participate in the legislative work and vote in the performance of state matters. Women have been heads of states in Pakistan, Bangladesh, and Turkey.

Tuesday, May 16, 2017

Whether The First Appellate Authority has the power to summon Appellant ??? Reply To Tripura Assembly

Response to the letter No.F.1(203)-LA/78-I, dated 27th Apr 2017. 
To
The First Appellate Authority,
C/O The Public Information Officer,
Tripura Legislative Assembly Secretariat,
Agartala-799010
Sub: Response to the letter No.F.1(203)-LA/78-I, dated 27th Apr 2017.
Respected First Appellate Authority (FAA),
1.     I have filed first appeal on 8th Feb 2017. On 18th Mar 2017 i.e 39th Day after receiving the first appeal, The FAA asked for my appearance before it on 25th Apr 2017 i.e on 78th Day of filing First appeal. Again on 1st of May 2017, I have received another communication regarding appearance on 18th May 2017, i.e on 101th day, issuing warning that it would take harsh step, on failure.
2.     u/s 19 (6) of The RTI Act, 2005; An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. The FAA is under obligation to dispose the 1st appeal within 30 days in general cases, it can also take 45 days, with reasons recorded. This time limit is clearly breached. This Act of Omission by The FAA is illegal and contrary to the objectives of the Act.
3.     The other Important issues in these Communications are;
a)     Whether the FAA has the legal sanction to summon the Appellant?
b) Whether the FAA has the legal sanction to take Harsh measures against Appellant
c)    Whether the FAA can breach the time line of 30days specified malafidely 
4.     According to RTI Act, 2005, and Tripura Right to Information Rules, 2008, The FAA authority does not have any legal sanction regarding the three issues mentioned above. 
5.     u/s 5(2) of the Act, the sanction is only to appoint one officer to receive appeals is present; 
6. u/s7(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
Thus this section creates the FAA; and does not grant any powers on Appellant.
7. Similarly u/s 11(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
8. u/s 19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: This sub-section clearly explains who can be the FAA, and the Rights of Information seeker on rejection or refusal of information.
9. u/s 19 (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. Thus it is the obligation of SPIO to appear before the FAA and defend or explain why he/she has not provided the information. This section does not lay any obligation on the Appellant to appear and also does not grant any power to summon him.
10. Furthermore under Tripura Right to Information Rules, 2008, Chapter-VI does not grant any authority to perform the three above mentioned issues.
11. Therefore, It can be surmised from the above facts that
       i.            The FAA is violating section 19(6) of the Act.
     ii.            The FAA’s call the appellant to appear before it is ultra virus it powers.
  iii.            The FAA’s warning to take harsh measures also ultra virus it powers.
  iv.            The Act of Omission is malafide.
 v.            The Powers FAA is only to seek explanation from SPIO, why he/she has not given information, upon which; the FAA can decide the First Appeal.
Therefore we would Request the First Appellate Authority to decide the Appeal without our appearance and Order the SPIO to provide the Information Free of Cost within 7 days.

Thanking You Sir.
Yours truly,



Venu Prasad M & Thandava Yogesh
3/3 LLB, Andhra University,
H:NO:55-7-61/3,
HB Colony,
Visakhapatnam-530022

RTI to AP SIC on its legal Obligation under RTI Act, 2005

Information seeking under Section-3 and Section-6(1) of RTI Act, 2005
To
The Public Information Officer,
Andhra Pradesh Information Commission,
      Samachara Hakku Bhavan,
      D.No.5-4-399,
      Behind Mozam-Jahi Market,
      Hyderabad - 500001
Sub: Information seeking under Section-3 and Section-6(1) of RTI Act, 2005
1.     u/s 25(1) of RTI act, 2005 the State Information Commission (here after referred as SIC) shall prepare annual reports. Please provide the web site link of 2016, 2015, 2014 annual reports of Andhra Pradesh and Telangana.
2.     u/s 4(1)(b)(iv) of RTI Act,  Please provide website link of the guidelines which regulate the furnishing of information by Ministry or Department to SIC
3.     If the SIC has kept all the reports submitted by Ministry or Department u/s 25(2) RTI Act, in any website please provide the link.
4.     Please provide the copies of all the recommendations u/s 25(5) RTI Act, specifying the steps which ought in its opinion to be taken for promoting conformity to any public authority from SIC inception to till date.
5.     u/s 19(8)(a)(vi) RTI Act, how many public authorizes have been ordered to submit 4(1)(b) compliance report. If the reports are available online please provide the website link of the same.
6.     i) Under the web link http://apic.gov.in/AndhraICSLTracking/infous41b.do a staggering 95.61% of public authorities have not furnished information u/s 4(1)(b) and Only 380 out of 8657 submitted.
ii) Under the web link http://apic.gov.in/TSICSLTracking/infous41b.do  a staggering 99.18% of public authorities have not furnished Information u/s 4(1)(b) and only 73 out of 8939 submitted.
With the above points 6(i) and 6(ii), it can be surmised that 4(1)(b) implementation is a not happening in Andhra Pradesh and Telangana State. Please provide all the order copies where SIC has used it powers conferred u/s 19(8)(a)(vi) of RTI Act, any time and order strict compliance with 4(1)(b) implementation.
We have attached 10 Rs IPO (34F 012739) towards fee for RTI Application as per Section-6(1) of RTI Act. If Honorable PIO decides we need to pay any extra fee, as per Section 7(3) of RTI Act please provide the details of Extra Fee payment to get the information.

Thanking You Sir,
Yours Sincerely,


Rajendra Kumar K & Thandava Yogesh,
3/3 LLB, Andhra University
H:No-55-7-61/3
Durga Temple Line, HB Colony
Visakhapatnam-530022

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