Why Justice Department is over looking this issue?

--- On Thu, 5/2/09, Universal Message <peace.to.humanity@gmail.com> wrote:
 

From: Universal Message <peace.to.humanity@gmail.com>
Subject: [IHRO] Kashmir at crossroads
To: "Issuesonline_Worldwide@Yahoogroups. Com" <issuesonline_worldwide@yahoogroups.com>, "IHRO@yahoogroups. com" <IHRO@yahoogroups.com>
Date: Thursday, 5 February, 2009, 2:41 AM

--

Kashmir at crossroads

By Jawayria Malik   With the recent surge in crisis in Kashmir, Nehru's passion for bringing Kashmir within the fold of India seems to be on its last legs. Hundreds and thousands of Kashmiris had been marching to demand freedom from India without any fear. Ruthless and indiscriminate firing and teargas shelling by the Indian forces to breakup the renewed protests by Muslims in Kashmir against New Delhi's rule in the disputed region have turned out to be futile efforts to keep the Kashmiris under their thumb any longer. The valley of Jammu and Kashmir has been under repression for the last 61 years but the murderous and communally-charged violence, which tore apart the valley this summer, had never occurred. Reportedly, at least 40 protesters had been killed by security forces in the Muslim-majority valley since last month, when some of the largest pro-independence rallies broke out since a revolt against New Delhi's rule in 1989. Since 29th June, the trouble had been brewing in Kashmir over the local government's move to transfer 100 acres of valley's forest land to a trust managing a Hindu pilgrimage - the 'Amarnath Yatra'. This move came out to be a big blow and was seen in the valley as promoting Hindutva nationalism to counter Kashmiri separatists. Rightly or wrongly, the land transfer was viewed as the thin edge of the wedge and it prompted the trepidation that it was the beginning of a detailed plan to rebuild Israel-style settlements and change the demography of the valley. Having failed to anticipate the Muslim's reaction, the government transferred land to the Shri Amarnath Shrine Board (SASB) in order to placate Hindu-communal sentiment. Massive protests by Muslims against this ill-conceived move of land transfer forced the valley to shut down completely. Within hours the protests spread from the cities to villages. Eventually, taken completely by surprise at the ferocity of the response, the government revoked the land transfer. That decision, however, enraged Hindus who blocked the highway to Srinagar, which led to the Muslims of the Kashmir valley exploding in anti-India protest. Meanwhile Jammu protests turned viciously communal as the BJP fished in troubled waters. Sadly the Congress' Jammu leaders also joined the agitators using the acid-throwing methods, displaying trishuls with the national flag, supporting Hindutva and demonisation of all Kashmiri Muslims as "anti-national" added to the ferocity of the valley protests. It goes without saying that the Amarnath land dispute sparked the massive anti-India rallies in Srinagar and Pampore. Separatism is no longer driven by fear of militant guns; today separatism is spearheaded by a far more serious threat that is popular will. The economic blockade, massive protests and hundreds of thousands of Kashmiris marching to demand 'Azadi' from India, sharpened the feeling that now is the time for conceding the demands of people of Kashmir. It is not just Arundhati Roy, Swaminathan Aiyar or Vir Sanghvi who strongly advocated granting of right to self-determination to people of the state of Jammu and Kashmir but the surveys conducted by various organizations in the New Delhi overwhelmingly supported granting freedom to the people of Kashmir. It has been for two decades now that Kashmiris are living in one of the most militarized regions of the world, with 800,000 troops stationed in the 15,520 sq km Kashmir valley and running under laws that give them impunity from prosecution. Charges of extra-judicial killings, rapes, abductions and torture were levelled against them with chilling regularity and resentment continues to simmer over the disappearance of thousands of Kashmiris. The Indian government has consistently denied Kashmiri calls to demilitarize, saying the terror infrastructure across the border in Pakistan has yet to be dismantled. And most tragically, the autonomy which was promised to Jammu and Kashmir in the treaty of accession was never honoured rather the clauses of the treaty continue to be violated with impunity. But now it is time that the Indian government realizes that the military occupation of Kashmir has not paidthem  anything but fatigue. It has allowed Hindu chauvinists to target and victimize Muslims in India by holding them hostage to the freedom struggle being waged by Muslims in Kashmir.. India can survive without Kashmir, if it has to; but it cannot survive without the idea of India, central to which is the right of democratic dissent and the free will of people. These are not dissonants but real patriotic voices indicative of the national mood. Rightly, in the words of Arundhati Roy, India needs azadi from Kashmir just as much as – if not more than – Kashmir needs azadi from India. Indian government should adhere to the voices and better accord Kashmiris their right of self-determination before it ruins everything.

TRUTH HAS COME AND FALSEHOOD HAS VANISHED

"Invite (all) to the way of the Lord With wisdom and Beautiful preaching And argue with them in ways that are Best and most gracious"


Peace Be Upon All Of You

--- On Thu, 5/2/09, Dr.Y. C.Zala <yczala@yahoo.co.in> wrote:
 

From: Dr.Y. C.Zala <yczala@yahoo.co.in>
Subject: [IHRO] DEMOCRATIC DECENTRALIZATION
To: "Agricultural Economics Group" <Ag_econ_groupyczala@yahoogroups.co.in>, "Bharatmaata" <bharatmaata@yahoogroups.com>, "Bharatvarsh" <bharatvarsh@yahoogroups.com>, "Branded India Group" <Branded_Indian@yahoogroups.com>, "Gujju Group" <gujjuworldwide@yahoogroups.com>, "IHRO" <IHRO@yahoogroups.com>, "IIT Gobal Discussion" <iit-global-discussiongroup@yahoogroups.com>, "India-force Group" <India-Force@yahoogroups.com>, "Indianjustice" <indianjustice@yahoogroups.com>, "Indiathinkersnet" <indiathinkersnet@yahoogroups.com>, "issueonline" <issuesonline_worldwide@yahoogroups.com>, "Surendranagar District Group" <mysurendranagar@yahoogroups.com>, "Teacher_Guide" <Teachers-Guild@yahoogroups.com>
Cc: "Connie" <conniecab@yahoo..com>, "Dhirendra Zala" <dczala@rediffmail.com>, "Dhirendrasinh zala" <zala_dhirendrasinh@yahoo.co.in>, "divyaraj_jhala" <divyaraj_jhala@yahoo.com>, manivelp@yahoo.com, "Maria Suchie Jonce" <oneofdmarias@yahoo.com>
Date: Thursday, 5 February, 2009, 2:21 AM

DEMOCRATIC DECENTRALIZATION Centralization and decentralization are important concepts in organization or in government. These are related to the problems which an organization or government has to face in the discharge of its duties and the responsibilities. Governments throughout the world particularly non democratic governments have always concentrated the powers in the executive. There was no limit to the concentration and no government was satisfied with the powers it possessed. It was an unending process. This kind of concentration of powers in a single hand or in one authority was characteristic of the government until the emergence of democracy. The reasons for this are many. A few of them are, 1. The means of production based on large scale technology 2. The tendency to take over more powers from the lower institutions. 3. Lack of self control among the rulers. 4. The desire on the part of the people to become rich with in a short period by questionable means. 5. The scramble for power among the top politicians, and 6. The lack of direct contact between the producers and the consumers. The above factors have compelled the governments to acquire more powers to regulate social, economic, political and technological life of the people. The result is gradual decline in initiative, enterprise, self reliance and self confidence of the modern man who wants to entrust everything including his thinking to the government and expects many things from it. He has thus become insignificant and lifeless cog in the huge government machinery, which is ever growing and ever expanding its commanding influence over every walk of life. However against this backdrop there emerged a tendency in democratic systems towards decentralization. This is the opposite of centralization or the concentration of powers in a single authority or in a single individual. In India this system came into being immediately after independence by the group of people who believed in the intelligence and the capacity of the people for taking initiative for getting their requirements by themselves. Democracy means government of the people. In this people occupied the central stage. Once the people are given due importance and necessary encouragement they could be motivated to achieve the purpose for which democracy existed. It is believed that the state existed for realizing the good life of the people. So is the object of democracy in the modern times. This could be achieved only under a scheme of decentralization of functions powers and responsibilities. This is what is called decentralization. Thus democratic decentralization means performing functions according to the principles of democracy through and with the participation of the people in achieving the objectives of the people through the implementation of people oriented welfare programmes and projects. The essential element in decentralization is the delegation of decision making functions. Democratic decentralization is the process of devolving the functions and resources of the state from the centre to the elected representatives at the lower levels so as to facilitate greater direct participation of the citizens in governance. Another significant aspect of democratic decentralization is to bring the bureaucratic state machinery at the lower levels under the authority of elected local self government. This kind of democratic decentralization requires the creation of local level institutions to enable ordinary citizens at lower levels to participate in the decision making, implementation, monitoring and sharing of the benefits of the government activities. It is very important for every ordinary citizen to know their power in democracy. If we educate the ordinary people, India can achieve the real objective of welfare state. This is the reason I try to contribute in this direction.   Centralization and decentralization are important concepts in organization or in government. These are related to the problems which an organization or government has to face in the discharge of its duties and the responsibilities. Governments throughout the world particularly non democratic governments have always concentrated the powers in the executive. There was no limit to the concentration and no government was satisfied with the powers it possessed. It was an unending process. This kind of concentration of powers in a single hand or in one authority was characteristic of the government until the emergence of democracy. The reasons for this are many. A few of them are, 1. The means of production based on large scale technology 2. The tendency to take over more powers from the lower institutions. 3. Lack of self control among the rulers. 4. The desire on the part of the people to become rich with in a short period by questionable means. 5. The scramble for power among the top politicians, and 6. The lack of direct contact between the producers and the consumers. The above factors have compelled the governments to acquire more powers to regulate social, economic, political and technological life of the people. The result is gradual decline in initiative, enterprise, self reliance and self confidence of the modern man who wants to entrust everything including his thinking to the government and expects many things from it. He has thus become insignificant and lifeless cog in the huge government machinery, which is ever growing and ever expanding its commanding influence over every walk of life. However against this backdrop there emerged a tendency in democratic systems towards decentralization. This is the opposite of centralization or the concentration of powers in a single authority or in a single individual. In India this system came into being immediately after independence by the group of people who believed in the intelligence and the capacity of the people for taking initiative for getting their requirements by themselves. Democracy means government of the people. In this people occupied the central stage. Once the people are given due importance and necessary encouragement they could be motivated to achieve the purpose for which democracy existed. It is believed that the state existed for realizing the good life of the people. So is the object of democracy in the modern times. This could be achieved only under a scheme of decentralization of functions powers and responsibilities. This is what is called decentralization. Thus democratic decentralization means performing functions according to the principles of democracy through and with the participation of the people in achieving the objectives of the people through the implementation of people oriented welfare programmes and projects. The essential element in decentralization is the delegation of decision making functions. Democratic decentralization is the process of devolving the functions and resources of the state from the centre to the elected representatives at the lower levels so as to facilitate greater direct participation of the citizens in governance. Another significant aspect of democratic decentralization is to bring the bureaucratic state machinery at the lower levels under the authority of elected local self government. This kind of democratic decentralization requires the creation of local level institutions to enable ordinary citizens at lower levels to participate in the decision making, implementation, monitoring and sharing of the benefits of the government activities. It is very important for every ordinary citizen to know their power in democracy. If we educate the ordinary people, India can achieve the real objective of welfare state. This is the reason I try to contribute in this direction.

We have been seeing democracy in our country since Independence. Every educated praise our constitution. Our mind set we support/want democracy, speak lengthy speeches and write volume of papers/books about corruption, we don't want fight but we need justice and clean society. When people eat stomachs full they will lecture hours but for the solving problem of unemployment and development of our country there is no coordination between Bureaucracy and Government (Parliament / Legislative Assembly). Due to these two people are suffering. When one speak about Army rule/ Military rule so called democracy lovers scare to hear because defense personnel’s rule involved with tyranny. Of course corruption may be in defense but they safe guard the nation. If chance is given to our present political leaders /bureaucrats they will sell India in inches.

Well Said Mr.P.S.P. Ji.......If chance is given to our present political leaders /bureaucrats they will sell India in inches including the publics{ On Discount Just like New year sale}.

 In most countries betting is legalised. If corruption in India is legalised, most of our problem will go away.

The rate will be fixed. We would know how much to pay for getting which work done.

 Nehru was an idealist. China did not stab us in the back. It was our own folly to have surrendered the defence of the country to the philosophy of non-violence.

Who say:

ETERNAL VIGILANCE IS THE PRICE OF LIBERTY.

But we have learnt nothing. Actually, we refused to learn anything.

Needed, transparency and accountability

V.R. Krishna Iyer

 The judiciary is no materialist trade union that looks for escalating privileges. If the Indian judicature is not to degenerate into a jejune institutional caricature, democracy must assert itself, and it must cease to be a simulacrum of Westminster judges with judicial wigs, jackets and robed apparel. The truth about the robed brethren must be an open book. Judge Jerome Frank wrote: "In a democracy, it can never be unwise to acquaint the public with the truth about the workings of any branch of government. It is wholly undemocratic to treat the public as children who are unable to accept the inescapable shortcomings of man-made institutions…. The best way to bring about the elimination of those shortcomings of our judicial system which are capable of being eliminated is to have all our citizens informed as to how that system now functions. It is a mistake, therefore, to try to establish and maintain, through ignorance, public esteem for our courts." Let no dubious doctrine be invented to bribe the Bench into immunised corruption. Courts should be clean, run on the basis of a straight, transparent and accountable code of conduct with the aid of a performance commission with punitive powers. If even one corrupt judge pollutes the glory of the great tribe, expel him. Otherwise, through incremental trade unionism which is anathema to justice as a value, justices as a profession and justicing as a process will ruin the noblest brethren. That will spell the collapse of our culture and ethos and of the rule of law. The grandeur of the Indian judiciary has been marred by an enigmatic factor. The trade unionist feature of capturing management power through collective pressure is manifest in this. The process is innocent but in my view constitutionally unwarranted. I refer to the collegium phenomenon based on the pronouncement of a nine-Judge Bench (1998 7 SCC 739) which held, by a majority of one, that the independence of the judiciary demands that the selection of judges of the higher courts be made the monopoly of a batch of three senior-most judges. The executive power to appoint judges is wrested from the Cabinet and exercised by the collegium. This is a novel conquest, unique in any democracy. The selection of judges is an expert job, but judges, senior or junior, are untrained and without investigative tools and unfit for this non-judicial technical operation. Never appoint a judge who is without socialist-secular-democratic burning convictions and who is not free from class bias. When the Executive and the Legislature act beyond their constitutional boundaries, the judges correct them. But when judges themselves go aberrant they must be restrained punitively by a constitutional code of conduct that is enforceable by a special instrument with special jurisdiction and jurisprudence and clear guidelines. Where is the evidence, some may ask, of the hallowed judiciary being hijacked to pursue trade union strategy? Here are some instances: Judges work only for 180 days in the Supreme Court and 210 days in the High Courts. The pendency of cases is mounting and dilatory tactics and leisurely disposals aggravate the arrears. But the courts do not care to abolish the practice of long vacations or cut down on lengthy travels. Of course, there are some egalitarian judges who are willing to hear cases even on Sundays or at late hours. Some judges laze leisurely and take days to hear a case. And they grant easy adjournments where another hour or two would have been sufficient to decide the case. Procrastination and precipitancy are unbecoming of judges. Indolence and garrulous extravagance on the Bench is not unusual. Arrogance and ignorance cannot but be criticised. But there is no disciplinary guidelines or supervisory vigilance over dawdling judicialese. Where instant hearings and prompt disposals are possible for diligent judges, performance is perfunctory, judgments are delayed by days, months and years, or there may not even be a judgment. There is no punitive performance audit or social accountability. How does one expect the executive, which is directed to dispose of representations within a prescribed time-frame, to do so when judges themselves do not work within the time? There is no punitive jurisdiction or alternative instruments of enquiry. No judgments being delivered points to an alarming failure, yet such judges get promotions or are elevated to the highest court. The collegium would often seem to have no conscience or not done any investigation before an appointment is made. The selection process is kept secret from the Bar, the legislature and the people. Judges of the Supreme Court also share, though rarely, these failings because there is no code of conduct or a performance commission with penal jurisprudence and jurisdiction. Some judges would seem to have no behavioural propriety and so many courts suffer from functional anarchy. Still they are final and by fiction infallible. Judges demand immunity and secrecy beyond the law and above other citizens, sheltered by a bizarre iron curtain from revelation or disclosure. To gag all expressions of disapproval of judicial delinquency is to guillotine free speech, which is a fundamental right. In our greedy age, culture has become commercial and some judges, in a display of high power, demand a dramatic escalation of remuneration even as labour demands for more wages are pending, the economy is sick and many people face unemployment. Remember, India has a large population of have-nots, and plural deprivation of human rights. These facts constitute corrupt conduct, which leaves them disqualified from administering socialist justice in a democratic Republic. The infinite fact remains that many judges have lost their conscience because of a curious sense of independence without accountability. These two values go together and trade union tactics will not salvage them. The quality of justicing has to change and a social philosophy which involves streamlining procedures and cutting down on the number of appeals needs to be enforced. The judicature is too great a public instrument to sink to the level of a caricature because one or two myopic Chief Justices seek to hide from public vision. When I stayed or declined an absolute stay of Indira Gandhi's election as MP, I never surrendered to fear or favour but performed my public duty and survived executive indignation although a great calamity in the form of the Emergency which eclipsed all human rights and judicial independence followed my order, which was reversed by a larger three-member Bench. To sum up, the court is not a covert coward but an eloquently open and fearlessly frank institution. Secrecy is incompatible with the judiciary; otherwise our democracy will become a travesty and the have-not humanity will face authoritarian governance by a proprietariat oligarchy. This shall not be, for our Republic is people's power. Having spent well over seven years of the best part of my life in the Supreme Court of India, I must resist every tendency which reduces the confidence of the Indian people in the Indian judiciary which still has a high place in our society. Justicing should uphold justice, social, economic and political. It is not multi-tired big business or macro-commercialism. It is a great trust of the people as their dearest right to every man, woman and child of India, that is Bharat.

long long message making the thread bore.

Sorry..........

 Brevity my dear sir brevity.

 sir  bell the cat is nbot issue

the issue is service to man is service to god the basement of  helping attitude wii alqawys serves better the name and fame , why cant u help others with in ur frame.

 The sated justice is barred for some there is no equal oppurtunities in spite of constitional articles like 14,16,21 and 39 (d) and the letter to president of india and chief justice of india since 1985 are at dust bin to several  dept of central government no stand on the issue  the matter is that my appoinment is for regular absorption in the department pof posts by the directorate letter date d 18.6.1982 but placed to hourly  wages which is not based on any constitutional and some others are provided regular appointment, i was appointed with scale RS 260.12 420 from 03.2.1983 up to 19.6.1983 and reverted to hourly wages, the ARMY POSTAL SERVICE Gone are financially upgarded though they recruitted later only in my case much discrmination pl help me in way to remoove the parity '

murali ayyalasomayajula postal assistant

waltair rs ho visakhpatnam andhra pradesh

530004