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BY K. PHANI KUMAR,
Advocate
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THE LAW forbids rich and poor alike to sleep under bridges, beg in the
streets and steal loaves of bread and the rule of law is better than the rule
of individual.
Laws are made by governments, specifically by their legislatures. The
formation of laws themselves may be influenced by a Constitution and the
rights encoded therein. The law shapes politics, economics and society in
countless ways and serves as a social mediator of relations betweenpeople.
“ It is not true that Law defiles, it is not true that Law degrades. The
Legal Profession has produced some of the finest and most independent
characters whose names are imprinted on the scroll of history”.
GNDHIJI was trained in law in London. Gandhi became famous by fighting for
the civil rights of Muslim and Hindu Indians in South Africa, using the new
techniques of non-violent civil disobedience that he developed. Returning to
India in 1915, he set about organizing peasants to protest excessive land-taxes.
Gandhiji said that “I had learnt the true practice of law. I had learnt to
find the better side of human nature and to enter men’s hearts. I realized
the true function of a lawyer was to unite parties riven as under. The lesson
was so indelibly burnt into me, that a large part of my time during the
twenty years of my practice as a lawyer was occupied in bringing about
private compromises of hundreds of cases. I lost nothing thereby – not even
money, certainly not my soul.”
He further said that a true lawyer is one who put truth and service in first
place and the law is not an intellectual legerdemain to make block appear
white and white appear block and it is a ceaseless endeavour to enthrone Justice.
That stream of justice has to be kept clear and pure and no one can be
permitted to take liberties with it by soiling its purity.
Gandhiji as a Lawyer was overjoyed at the success of his first case in South
Africa and concluded that the whole duty of an advocate was not to exploit
legal and adversary advantages but to promote compromise and reconciliation
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The thoughts of the great Sardar
Vallabhai Patel, and the great Jawaharlal etc., may be and can be respected….
but it is very difficult to ignore the thoughts of our GANDHIJI… who never
compromised with his believes and principles….
and even after the death , Kasturiba’s
soul might felt proud of non-compromising attitude of his husband “
MOHAN DAS KARAM CHAND GANDHI.
Albert Einstein said about GANDHIJI
that "Generations to come, it may well be, will scarce believe that such a
man as this one ever in flesh and blood walked upon this Earth.”, he further
said that he believed that Gandhiji’s
views were the most enlightened of all the political men in their time., and
We should strive to do things in his spirit.
THE WAY that can be find…the
problem… that also can be solved….but lack of interest towards holy object….and it is certainly not that
because of Gandhiji is vegetarian but for values, believes of crores of people
of this country …..Killing cow is an offence in Nepal.. why they made this law
? “Why Hon’ble Punjab and Haryana High
court made an order prohibited the sale
possession, consumption and purchase of non-vegetarian food items in the holy
towns of Kurukshetra and Pehowa”.----- why Andhra Pradesh and other states in
India do not have such kind of law ? first of all why there is no Central Law to that extent all over the India
?
Although GANDHIJI experimented with eating meat upon first
leaving India, he later became a strict vegetarian. He wrote books on the
subject while in London, having met vegetarian campaigner Henry Salt at
gatherings of the Vegetarian Society. The idea of vegetarianism is deeply
ingrained in Hindu and Jain traditions in India, and, in his native land of
Gujarat, most Hindus were vegetarian. He experimented with various diets and
concluded that a vegetarian diet should be enough to satisfy the minimum
requirements of the body. He abstained from eating for long periods, using
fasting as a political weapon.
An increasing proportion of
population is vegerarian, and even more do not eat vegetarian food, because
they believe that it is morally wrong to rear and kill animals to eat, when it
is possible to live in good health without doing so., and they believe that a
vegetarian diet is healthier( whether it may be true or not).
Govt.of India appears a peace loving country, but in fact
it runs its own slaughter houses and fish killing farms, but not interest in
making a law to that extent that the non-veg. food is illegal.May be because
not all Indians are of the same religion – we
have Hindus, Jains, Buddhists, Muslims, Christians, Jews, Sikhs and
probably a few more minority religions and also because neither all Hindus are
vegetarians, nor all Buddhists are
vegetarians , and nor all Muslims are
not vegetarians, and Jains might be all
vegetarians and so on…and most visitors to India are not vegetarians Ofcourse People have the right to choice over what they eat - it is immoral to
dictate someones., and India is not a totalitarian state. In a democracy, the
people are expected to make their own choices., and the members of parliament
and state assemblies have their own choice to make laws to that extent for
various reasons ,…. Not based on moralities, values, religious views, and
customs etc.. Lokpal bill passed after so many years… Women Reservation bill
has also pending for so many years…..so the Govt. makes new law for
not specific purpose, but “ for various reasons “.
The Non-Vegetarian food can be banned atleast
in Holy towns… and in the land related to God… and religious believes, like
Tirupathi, Srisailam, Bhadrachalam, Vijayawada,
and Sri Kalahasthi etc.., … instead of making such laws, the point is
raised that … in every town or city there is a famous temple… how can ban
non-vegetarian in all such towns ?
before this question, I wish to ask a question them that atleast …and
Iam not using the phrase “ Cut and Throw”, Iam herewith stressing the word “
atleast”,…whether they started to think in that direction ? if they start to
think , a possible solution can be find… but our govt. not interested in values
of spiritual and religious etc…. first of all there is no temple for Lord Sri
Rama in Ayodhya… where Lord Sri Rama
took birth…..
One friend argues that India is a
democratic ---- I agree and he continues - making non vegetarian food illegal
would be an infringement on the rights of its people and also a totalitarian,
authoritarian, Stalinesque move of unparalleled idiocy…. I do not deny the fact
that India is a democratic country…and I know that “ force is not always right
course”. But what I wish to suggest the
people or government to start thinking towards the saying of Gandhiji…
Ofcourse GANDHIJI is still alive in the hearts of people
of India, but still we have no law to that extent to prohibit the
Non-Vegetarian food atleast in Holy towns.
Yes there is GANDHI in India and no LAW.
But there is a confident feeling in
the minds of crores of people towards that Hon’Ble Judiciary… one day … and on
one fine morning will take the
initiatives and a Leader …. Coming to rule this country … just for the values
and for the benefit of the people… also may take positive steps… towards the
direction of the people’ thoughts…and that initiative will be in good books of
crores of Indians.
“ Yes! Please believe me that there
is a solution for every problem… and what is the difficulty( but not too
difficult and impossible ) is that the pattern…the situation…the type of
solution….
Speaking truth is not
impossible…which is a part of the process of finding solution to the
problems…and there is no necessary to have selfishness…leads to hiding
truth…leads to cheating etc..for solving problems…instead of that Yes! Instead
of that we can use the power of love… by believing others.. by speaking
truth..by telling the facts…the problem may be solved…. Of course , I agree
this will be happen when all or major part of the society practice…but one step
will be followed by two.. two thousand… two lakhs… two crores.. and so on…
Gandhiji said “ that Fear and love
are contradictory terms. Love is reckless in giving away, oblivious as to what it gets in return.
Love wrestles with the world as with itself and ultimately gains a mastery over
all other feelings. His daily
experience, as of those who are working with him, was that every problem would
lend itself to solution if we are determined to make the law of truth and
non-violence the law of life. For truth and non-violence, are to him, faces of
the same coin”.
Yes Bapuji is hundredpercent
correct that love dominates over all other feelings…a poor can love.. a rich
can love…a king can love… a devotee can love the God..and with the love, we can
avoid the solutions by violence, hiding the truth, selfishness.., and causing
injustice to others… but the solution with love and affection leads to ““No
Winner and No Looser".
BAPUJI further said that Whether
mankind will consciously follow the law of love I do not know. But that need not perturb us. The law
will work, just as the law of
gravitation will work whether we accept it or no.
And just as a scientist will work wonders out of various
applications of the laws of nature, even
so a man who applies the law of love with scientific precision can work greater
wonders. For the force of non-violence is
infinitely more wonderful and subtle than the forces of nature, like for
instance electricity. The man who discovered for us the law of love was a far
greater scientist than any of our modern scientists. Only our explorations have
not gone far enough and so it is not
possible for every one to see all its workings.... The more I work
at this law the more I feel the delight
in life, the delight in the scheme of this universe. It gives me a peace and a
meaning of the mysteries of nature that
I have no power to describe”.
It is truly said by Gandhiji .. yes
when we are believing the “Law of Gravitation, we have to believe the “ Law of
Love”… Iam confident that the Truth, Love will win with out doubt… a revenge needs to kill the enemy…but final
result is that the killer will have to loose the total love and affection of
their family, friends..and society’ love…
Ofcourse.. there is Indian Penal
code and Code of Criminal procedure., domestic violence Act.. etc.. those can
punish the wrong doer , but Law of Love
works as a precautionary… a husband may be punished under the provisions of the “
Domestic Violence Act”, but only after .. the great misunderstanding… Quarrel…
etc.. are happening.
“ HAD THE SAID HUSBAND USED THE LAW OF LOVE TOWARDS HIS
WIFE, HE WOULD HAVE NOT BEEN PUNISHED BY THE PROVISIONS OF EITHER INDIAN PENAL
CODE, CODE OF CRIMINAL PROCEDURE, DOMESTIC VIOLENCE ACT..ETC.”.
Such kind of persons who believe
the Law of Gravitation, but do not
believe the ‘Law of Love”,Have to
believe the Law of Crimes and Punishment.
Violence means not only murders ,
and attempt to murders, etc.., no need
to talk about section 102 of Indian Penal Code,.... but it may be by a daughter
to her parents, it may be by son to his
parents.... a daughter may create violence in the minds of her parents, and a
son may be a cause for the mental agony for his parents... through their
wrongful acts...those acts, according to their parents.. are certainly
wrongs... arguments may be continued... and difference of opinions may take
place... but ultimately.. who are the better judges ? whether parents or children ? ...egos....immaturity......
GANDHIJI's Non-Violence means...
that we can understand ... peace ..not only in the society but also in the
families ... families are certainly the part of the society... Law of Love is
not enough...
AND
the responsibility of the children towards the parents .. in a situation
and when the situation demands and requires... is also an important matter with
regard to the non violence in the lives of the parents ....
The state of Himachal Pradesh was the first state in the country to have a
law for the maintenance of aged parents by implementing the HP Maintenance of
Parents and Dependents Act, 2001.
HP Maintenance of Parents and
Dependents Bill was passed by the Vidhan Sabha and was assented by the
President of India on 8th September,
2001. The only change that was made by the Centre was that it would not be
applicable to Muslims in the state.
But it is very interesting that not
a single case has been registered in Himachal Pradesh by any senior citizen for
payment of a maintenance allowance.
The Constitution of India,
Directive Principles, Article 41--- The State shall , within the limits of its
economic capacity and development , make effective provisions for … old age,
sickness and disablement,, and in other cases of undeserved want.Code of
Criminal Procedure (Chapter IX, Section 125(1)(2)) --- requires persons who
have sufficient means to take care of his or her parents if they are unable to
take care of themselves Hindu Adoption and Maintenance Act, 1956 Requires Hindu
sons and daughters to maintain their elderly parents when parents are unable to
maintain themselves.
Now we will compare it with .
Himachal Pradesh Maintenance of Parents and Dependents Act, 2001
Applicants must be below poverty
line, parents and grandparents wife, minor son, unmarried daughter,and widow if
all not able to maintain themselves; not applicable to Muslims.
Maximum amount for maintenance Rs
5,000 per month. Amount of maintenance To cover basic amenities Enforcement of
maintenance order If the person liable for payment is a government
employee,maintenance may be deducted from his salary.
If applicant is unable to make an
application, any member of his family, any person in whose care he resides, any other authorized person by
him, or maintenance officer may file application Provisions for maintenance
order must be ‘just and equitable', and the respondent should be able to first provide maintenance for
himself, his wife and children Tribunal must consider manner in which the applicant spent
his savings, and if applicant is justified
living separately.
Laws in Some Countries requires children to
provide care for their parents and makes provisions for parents to obtain maintenance from children; requires state to
provide appropriate residential facilities to destitute elderly without
children.
United States:
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Older Americans Act of 1965Creates the
Administration on Aging within the Department of Health, Education and Welfare;
authorises grants to States for community planning,services for elderly, and
research and training in the field of aging.
China:
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Law of the People’s Republic of China on
Protection of the Rights and Interests of the Elderly, 1996 Places
responsibility on families to care for elderly; establishes a state-based
old-age insurance system, increases legal protection of elderly with speedy
court procedure.
South Africa: Older Persons
Act of 1996
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Provides strict controls for
registered old-age facilities; makes abuse of the elderly a criminal offense;
creates social and cultural community-based services for elderly.
Canada (Saskatchewan &
Manitoba): Parents Maintenance Act, 1978 & 1993 .
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Mandates children to pay
maintenance to dependent parents up to $20 per week.
AND responsibility of the children
towards the feelings of the parents is
also important to be a cause for or to avoid the violence in the hearts and
minds of the parents.
I wish to divide the law for
this specific purpose and just for a
moment, into two parts:
1. Justified Law
2. Unjustified Law
and also Legal but unjustified , illegal but
justified.
A girl after attaining the age of
18 years can marry any boy who get the age of 21
years.That marriage includes love marriage etc.,That marriage is legal, but I
wish to state as under:
In order to safeguard the societal
norms and social standing and the reputation,. and to avoid the cultural
differences and more importantly to respect the feelings of the parents, who
brought up their children from the day 1 to 18 years, I propose the law to that
extent that a girl or boy when wish to marry after attaining the age of 18
years, the consent of the parents is mandatory and if the said girl or boy wish
to marry with out consent of the parents, then the minimum age should be 23 years of girl and 25 years for boy.
It is no doubt , that there should
not be feelings of untouchable in anywhere, even intercaste marriages are also
to be encouraged, but what I would like
to stress that the feelings of the parents. Is it not our responsibility to respect and
recognize the feelings of the parents ?. Law is O.K., intercaste marriages ,
love marriages without consent of the parents
are legal in India. But what about the justification ? then why in
PHILIPPINES there is a law that the parents consent is a mandatory for this
kind of marriages, and also after some age parents advice is a mandatory. Is
the argument that since there is no
similar law in other countries, it is
not necessary to have a such kind of law in
India , is valid ? O.K. if it is valid , can any one defeat one's
opinion that the parents feelings
should be respected ? who talks about the social justice, and social reforms
and what ever he wants to talk except the Justification of Law .
Just for reference :
The
rule on parental consent is found under Article 14 of the Family Code of
PHILIPPINES . It states that in case either or both of the contracting parties
are between the ages of eighteen and twenty-one, they shall exhibit to the
local civil registrar, the consent to their marriage of their father, mother,
surviving parent or guardian, or persons having legal charge of them, in the
order mentioned. The parental consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil
registrar, or in the form of an affidavit made in the presence of two witnesses
and attested before any official authorized by law to administer oaths. The
personal manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached to
said applications.
Non-compliance with the requirement
of parental consent does not make the marriage invalid or void but merely
annullable, which means that the marriage is valid until annulled. As a result, a petition for the annulment of
the marriage may be filed by the parents, guardian or person having substitute
parental authority over the party seeking the annulment, in that order, unless
after attaining the age of twenty-one, such party freely cohabited with the
other and both lived together as husband and wife.
PARENTAL ADVICE
The rule on parental advice is
found under Article 15 of the Family Code. It states that any contracting party
between the age of twenty-one and twenty-five shall be obliged to ask their
parents or guardian for advice upon the intended marriage. If they do not
obtain such advice, or if it be unfavorable, the marriage license shall not be
issued till after three months following the completion of the publication of
the application therefor.
A sworn statement by the contracting
parties to the effect that such advice has been sought, together with the
written advice given, if any, shall be attached to the application for marriage
license. Should the parents or guardian refuse to give any advice, this fact
shall be stated in the sworn statement.
However, if the marriage license is
issued within the said three months and the parties were able to get married on
the basis of such marriage license, the said marriage is completely valid but
will subject the parties to civil, criminal or administrative liabilities in
accordance with Article 4, Paragraph 3 of the Family Code of the Philippines
which states that:
“An irregularity in the formal
requisites shall not affect the validity of the marriage but the party or
parties responsible for the irregularity shall be civilly, criminally and
administratively liable.”
The
marriage is very important stage in every one's life.. And No parents cannot be forced to accept the
marriage proposal of their children .
********************************************************************to be continued*******
