Re: [IAC#RG] DRAFT response for UCC questionaire

Dear Shri Anand Gangoli

You will surely agree that Islam is one of the fastest spreading religion in history of this planet. At the same time Hinduism has always managed to survive for millenia by adapting and absorbing.

So it is better that all TRUE HINDUS seize the opportunity given by Law Commission to incorporate certain essential elements from Islam into Hindustani Law while simultaneously rejecting out some weakening Christo-Communist elements inserted by Nehru-Gandhi, ie. Hindu Code.

It is quite wrong to say that polygamy and polyandry are unequal per se. For instance after a major war where the bulk of the nation's young men have been wiped out (think USSR after WW-II) would you deny the numerous surviving womenfolk the right to derive sexual pleasure through marriage, or would you say let there be free sex and the children all be bastards not knowing their father, or would you propose that 2 out of 3 women should become prostitutes / concubines?

In the case of Polyandry, you are well aware of the sex-imbalance in India. No amount of legislation or enforcement can stamp out this menace. Polyandry is a time tasted social device for this situation.

Triple Talaq - the only people who benefit are lawyers, judges and police. In Islamic states justice is swift, sure and  effective. The remedy to the evil of Tripple Talaq, lies in periodically amending CrPC and not in tampering with personal law.

The Constitution is a man-made document meant to enslave men. The Vedas, Koran are God's words to liberate mankind.

With best wishes

RP Dalvi

On Wed, Nov 2, 2016 at 9:24 PM, Anand Gangoli <anandgangoli22@gmail.com> wrote:

Dear Shri Rajinder Dalvi ,

I disagree with some of the opinions expressed in your e mail, particularly where you have supported (or at least accepted/tolerated ) polygamy, polyandry and triple talaq.

The way I look at these issues is as follows. The Constitution assures its citizens of religious freedom, and also fundamental rights. When the religious freedom is in conflict with fundamental rights , particularly that of equality, which should take precedence ?  Polygamy violates the right of equality- the man can have more than one wife, but the woman can not. So Polygomy should go.Similarly, Polyandry also violates the right of equality- the man can have only one wife, whereas the woman can have more than one. So Polyandry should also go. The same problem with  triple talaq. The man has the right to triple talaq, but not the woman. Triple talaq should go unless the woman also has a similar right. There are other issues, like the weightage given to a man.s testimony as witness as compared to a woman's, surely that is not equality.The Shariat law consistently violates the right of equality between men and women. In my view, the right to equality takes precedence over the right to freedom of religion. There might be errors in drafting of the questionnaire ( I am no lawyer, and accept your opinion), but a bad law remains a bad law regardless. Would you support  death sentence for apostates (as  specified in the Shariat) because you support religious freedom.

There are ill conceived/ obsolete laws in all religions. There is a need to correct these, and have a UCC for all communities. Most countries have the same law for all citizens. It should be the same in India, which is a secular country. The laws of all religions need to be rationalized to be consistent with the fundamental rights under our constitution. Doesn't our Constitution take precedence over all religious scriptures? I am convinced that it does.

Regards

Anand S Gangoli

On Wed, Nov 2, 2016 at 7:35 AM, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

Dear all

I am attaching below a first draft response to key clauses of Law Commission on Uniform Civil Code.

Law Commission of India

Questionnaire on Uniform Civil Code

1. Are you aware that Article 44 of the Constitution of India provides that "the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India"?

a.    Yes

b.    No

YES

In your view, does this matter require any further initiatives?

Yes, it requires a final judicial pronouncement from the Supreme Court. The clear meaning of this clause ("endeavour") is that this principle is an unattainable goal and hence directionary, and thereby unenforceable, in nature. This principle first requires that States like J&K be incorporated within the territory of India.  For instance, there is already a common civil code in the State of Goa based on Portugese law. It is not clear if the Hon'ble Commission is suggesting that this Civil Code for Goa be extended throughout the territory of India or if the Civil Code of Goa shall be scrapped ?  It is also not clear how any Uniform Civil Code will be applied to certain states of India (eg. J&K, the North-East etc.) without a referendum on the issue and if the Hon'ble Commission proposes that the Uniform Code can be applied in a piecemeal fashion.

4. Will uniform civil code or codification of personal law and customary practices ensure gender equality?

a.    Yes

b.    No

This is an exceptionally poorly worded question. The Hindu Bahujan Raksha Dal questions the competence of the fools who have drafted this query requiring a single answer to a compound query. Accordingly, under the Roman maxim "Falsus in uno, falsus in omnibus" we are caused to reply as NO.

 

5. Should the uniform civil code be optional?

a.    Yes

b.    No

 

YES. The State cannot, and must not, interfere with the religious practices of its people.

 

6.    Should the following practices be banned and regulated?

a.    Polygamy (Banned/ Regulated)

b.    Polyandry (Banned/ Regulated)

c.    Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned/ Regulated)

 

6a: NO, this is a religious practice and out of scope of UCC legislation

6b. NO, this is a religious practice and out of scope of UCC legislation

6c. YES, Maitri Karar (and its variants) must be banned because it is a civil contract and hence amenable to UCC legislation.

 

7.    Should the practice of triple talaq be

a.    Abolished in toto.

b.    Retained the custom

c.    Retained with suitable amendments

 

We again criticise the poorly drafted query. We say Triple Talaq must be RETAINED and its benefits EXTENDED to all COMMUNITIES:

Triple Talaq is an Islamic  religious practice. It is highly beneficial and practical for all parties concerned. The alternative to 'Triple Talaq' are protracted, expensive and traumatic judicial proceedings where the only beneficiaries are the lawyers and judges. There is already a universal secular marriage law and divorce law in India (Special Marriage Act) for those who opt for it, and there is no bar for Muslims to marry and divorce under this act. Solemnisation / Registration of marriages under Special Marriage Act rules out Triple Talaq divorces.

 

8.    Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices?

a.    Yes, Hindu women must be made aware of this right and measures should be taken to ensure that women, under pressure from family do not forego their property.

b.    No there are adequate protections in the existing law.

c.    Legal provisions will not help in what is primarily a cultural practice, steps have to be taken so sensitise the society instead.

 

YES. We suggest that the entire gender insensitive and biased Hindu Code of 1955-56 era should be scrapped in its entireity.

 

9.    Do you agree that the two-year period of wait for finalising divorce violates Christian women's right to equality?

a.    Yes, it should be made uniform across all marriages

b.    No. This period is sufficient and in-keeping with religious sentiments.

 

YES: It is a very sound principle, gender friendly, and should be made uniform across all marriages. Furthermore, many religions believe that marriage being a sacrament does not permit any divorce.

 

10.    Do you agree that there should be a uniform age of consent for marriage across all personal laws and customary practices?

a.    Yes.

b.    No, customary laws locate this age at the attainment of puberty.

c.    The prevailing system of recognising 'voidable' marriages is sufficient.

YES : Furthermore, we say that the minimum statutory age for marriage in all communities should be kept at 25 years for males and 21 years for women, and there must be compulsory registration of marriages to be done within 30 days.

 

11.    Do you agree that all the religious denominations should have the common grounds for divorce?

a.    Yes

b.    No, cultural difference must be preserved.

c.    No, but there should be the same grounds for divorce available for men and women within personal law.

 

C. but there should be the same grounds for divorce available for men and women within personal law, except when it leads to some anomaly.

 

12.    Would uniform civil code aid in addressing the problem of denial of maintenance or insufficient maintenance to women upon divorce?

a.    Yes

b.    No

Give reasons:

 

NO: This aspect should be addressed under the Criminal Code and maintenance should be provided by the socialist State directly under section 125 CrPC or otherwise.

 

13. How can compulsory registration of marriages be implemented better?

 

There is no law of India requiring compulsory registration of marriages. To implement compulsory registration of Hindu marriages, the entire Hindu Code of 1955-56 era should be scrapped / repealed as these are biased and gender unfriendly.

 

 

14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriages?

 

Mandate as follows:-

A)   that all such marriages be registered under Special Marriages Act

B)   that Registrants under Special Marriages Act  be given all the benefits in law available to Scheduled Castes.

 

 

15. Would uniform civil code infringe an individual's right to freedom of religion?

a.    Yes

b.    No

Give reasons:    .

YES:

1)    Many religions permit polygamy, polyandry etc which are social-cultural devices devised to propagate their religions through "breeding".

 

2)    The Hindu religion permits upto 4 wives per male. This should be retained in law.

 

3)    The Hindu religion permits Kulin marriages per male. This should be retained in law

 

4)    Since the details of any proposed UCC are not circulated, it is unfair and unreasonable to solicit queries on this issue without complete transparency.

 

5)    It seems the Law Commission is behaving in a highly biased manner by circulating such poorly designed, opaque and skewed questionnaires, and that too only among the educated elite.

 

16. What measures should be taken to sensitize the society towards a common code or codification of personal law?

Remarks:

There are a whole slew of measures we could suggest, if we were convinced that the Law Commission is serious and honest. But first, the Law Commission may clarify if it proposes to achieve a common code or whether it merely proposes to codify personal laws. To this end We strongly propose and suggest that all personal laws, and especially the entire Hindu Code of 1955-56 era be scrapped / repealed.

 

Please provide us with your name, contact number and address.

 

UNADDRESSED clauses:

2. The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects?

Marriage

3

   Divorce

4

   Adoption

5

   Guardianship and Child custody

6

   Maintenance

7

   Successions and

8

   Inheritance

a.    Yes, it should include all these

b.    No, it should exclude__

c.    It should further include_

3. Do you agree that the existing personal laws and customary practices need codification and would benefit the people?

a.    Yes

b.    No

c.    Personal laws and customary practices should be replaced by a uniform code

d.    Personal laws and customary practices should be codified to bring them in line with fundamental rights.

 

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[IAC#RG] Fwd: [NCPRI] Locating the Jammu and Kashmir Instrument of Accession after 69 years

To

Sarbjit

Can you give your valuable comments on this email I received from Nayak on IoA for JK ?.

RP Dalvi

---------- Forwarded message ----------
From: Venkatesh Nayak <nayak.venkatesh@gmail.com>
Date: Thu, Nov 3, 2016 at 4:42 PM
Subject: Re: [NCPRI] Locating the Jammu and Kashmir Instrument of Accession after 69 years
To: Rajinder Dalvi <rajinder.dalvi@gmail.com>
Cc: sv@thewire.in, Sanjoy Hazarika <sanjoyha@gmail.com>

Dear Shri Dalvi,

Thanks for your email. My point-wise reply to your queries is given below:

1) Nowhere in my article have I doubted the genuineness about these documents. In fact I have tried to explain why I think the copy that I obtained is of the original. My sole purpose was to place a copy of this record in the public domain. The issue of legitimacy of the accession is not something that I have dealt with at all in that article. Perhaps that can be discussed in another piece after I complete my research. What I wrote to you was that the issue of accession is much larger especially with its multiple ramifications about the manner in which it was done. Those cannot be resolved by merely putting documents in the public domain. Placing the documents in the public domain is only a step towards encouraging informed debate on these issues.

2) The standstill agreement was part of the record that the National Archives showed me. So no major feat is involved in getting a copy under their Rules.

3) I have explained in my article that all IoAs do not bear seals and stamps. In my view this cannot be made the basis for accepting or rejecting the genuineness of such documents. The National Archives staff told me that what they have is what was transferred from the MHA. I am inclined to trust them until I am shown sufficient cause otherwise. MHA did not reply to my RTI but transferred it to the NA after my first appeal. I would be surprised if more than 2 copies of any IoA were made. The law would require each signatory party to maintain a copy. If there are more copies, then MHA should clarify. Perhaps you might like to write to them or use RTI to find out. It would be interesting to see how they respond to other RTI applicants. It is not uncommon for RTIs from different sources to elicit different replies. 

4) What the J&K Law Dept. has published on its website looks like a retyped text of the IoA with spelling errors and incomplete titling of the Ruler as compared to what is in the signed original held by the NA. J&K law Dept. should explain this matter as I hold no brief for them. As for the private website, they only have a retyped version of the IoA, not a copy of the signed original that the NA gave me. So I do not think what I have placed in the public domain is the same document as that the private website has done. Thanks for mentioning the Digital Library of India. I could not locate a copy of the J&K IoA on it. Kindly send me the URL so that I may see what has been uploaded there. As you were not on my mailing list, you may not have seen a copy of the email alert that I sent out after the article was published by The Wire. I have also circulated the RTI documents and also proof of payment of fees to the NA for getting copies of the IoAs. I have forwarded that email alert to you separately. From these documents you will appreciate my correspondence with GoI on this issue.

5) I have not explored as to who held the IoAs and until when as I did not elect to research that issue. The limited purpose was to get a copy of the IoAs out of the GoI/NA and place them in the public domain and talk about about the processes involved. I am not the first person to research the subject nor should I be the last. The field is wide open for anybody to explore. Nobody should be stopped from doing so. I hope more people will explore this issue in the days to come. I believe this is how knowledge grows.

Thanks

Venkatesh Nayak

On 31 October 2016 at 09:38, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

Dear Sh Venkatesh

I am surprised that you are doubting the documents you have released into public domain after claiming they were obtained from National Archives. I am perplexed why you disagree these documents do not 100% prove J&K acceded to India, especially since over 500 other Indian princely states signed the identical Instrument of Accession and there is no controversy over there integration in the Union of India.

Should I list 3 or 4 points regarding the document you circulated, eg.

1) The original copy of the IOA for J&K was with the Ministry of Home Affairs but without any standstill agreement. Yet you have managed a copy of the standstill agreement also. How did you manage this feat ?

2) All the documents you have circulated for J&K's IOA seem to be uncertified and lack the MHA's (ie. Ministry of State) official seal, unlike the other IOA's you obtained. Is it possible that the original IOA is still with the MHA and not transferred to Natinal Archives by them ?

3) The document you have circulated differs materially in its text from that published by the J&K Law Dept from their official website, and also from that published from the Indian Govt's "Digital library of India " but is virtually identical to the version being circulated by a Pakistani origin website "Jammu-Kashmir.com". Why is that ?

4) Is it not true that the originals of all these agreements are actually in London and only copies certified by the Dominion's "Ministry of States" were given to India and to J&K ?

I hope that an expert and researcher like yourself can clarify these issues.

RP Dalvi
नगर प्रचार प्रमुख
अखिल भारतीय बहुजन रक्षा दल
पुणे  / अहमदनगर

On Fri, Oct 28, 2016 at 10:07 AM, Venkatesh Nayak <nayak.venkatesh@gmail.com> wrote:

Thanks for the good wishes sir. My objective is what is mentioned in the email alert and the article, nothing more, nothing less. The issue that you have mentioned is much larger and complex and cannot be resolved merely by putting some historical documents in the public domain.

thanks

Venkat

On 27 October 2016 at 22:58, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

Venkatesh

What a deed you did to extract all these documents proving Jammu and Kashmir is 100% a part of India.

Surely you are on ISI hit list for this surgical strike and must pray for your continued well being and safety.

RP Dalvi

नगर प्रचार प्रमुख
अखिल भारतीय बहुजन रक्षा दल
पुणे  / अहमदनगर

From: Venkatesh Nayak <nayak.venkatesh@gmail.com>
Date: Thu, 27 Oct 2016 11:29:18 +0530
Subject: Locating the Jammu and Kashmir Instrument of Accession after 69 years
To: "ncpriworkingcommittee@googlegroups.com"
<ncpriworkingcommittee@googlegroups.com>, "ncpri@googlegroups.com"
<ncpri@googlegroups.com>, rtitrainers <rtitrainers@googlegroups.com>,
odishasoochanaadhikarabhiyan
<odishasoochanaadhikarabhiyan@googlegroups.com>, KRIA KATTE
<kriakatte@gmail.com>, "IndianBureaucracy.com"
<info@indianbureaucracy.com>

Dear all,
26-27 October, 2016 mark the commencement of the 70th anniversary of the
accession of Jammu and Kashmir (J&K) to India. On account of the troubled
times that J&K is passing through since July, there is little space for
celebrating this event, but a sober commemoration of this historic moment,
may not be out of place. The Instrument of Accession (IoA) signed by
Maharaja Hari Singh has become the object of a never-ending controversy,
unlike accession instruments signed by other princely States.

*Does it really exist or not?* *Yes, the J&K IoA exists for real, safe and

well preserved in the collection of the National Archives. I have elected
to place in the public domain, a copy of the J&K IoA obtained legitimately
from the National Archives, for the purpose of facilitating informed debate
amongst those interested in the subject.* I have also placed in the public
domain copies of the IoAs of* Mysore, Manipur, Tehri Garhwal *and *Udaipur*
obtained from the National Archives so that readers may compare them with
the J&K IoA for ascertaining its contents. These documents may be accessed
on *The Wire
<http://thewire.in/76079/public-first-time-jammu-kashmirs-instrument-accession-india/>
*(all
docs) and *NDTV
<http://www.ndtv.com/india-news/jammu-and-kashmirs-document-of-accession-in-public-domain-at-last-1494726>*
(J&K IoA only)
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[IAC#RG] Demanding A Concrete Refugee Policy

Demanding A Concrete Refugee Policy

The Patriotic People's Front Assam (PPFA) on the backdrop of an uproarious atmosphere against the Centre's move to grant citizenship to religious minorities from Bangladesh and Pakistan in Assam of northeast India raised a demand for concrete refugee policy for the country.

In a memorandum, sent to Assam Governor Banwarilal Purohit recently, the nationalist people's forum argued that India should have the refugee policy 'to deal with the issue of immigrants logically and legally' forever.

"We sincerely believe India should sign the 1951 United Nations Refugee Convention. Moreover, our government has to ratify the 1967 Protocol relating to the status of refugees," said the memorandum, signed by some distinguished personalities including Cologne (Germany) based eminent historian Dr Nirode K Barooah, former director general of National Museum Dr Rabin Dev Choudhury, eminent publisher Giripada Dev Choudhury, senior editor-journalist Dhirendra Nath Chakrabarty, award winning filmmaker Manju Bora, film personality Pranjal Saikia, IIT Kharagpur professor Gourishankar S Hiremath, Banaras Hindu University professor Anil K Rai, with others.

http://www.eurasiareview.com/02112016-india-demanding-a-concrete-refugee-policy-oped/

Re: [IAC#RG] DRAFT response for UCC questionaire

Dear Shri Rajinder Dalvi ,

I disagree with some of the opinions expressed in your e mail, particularly where you have supported (or at least accepted/tolerated ) polygamy, polyandry and triple talaq.

The way I look at these issues is as follows. The Constitution assures its citizens of religious freedom, and also fundamental rights. When the religious freedom is in conflict with fundamental rights , particularly that of equality, which should take precedence ?  Polygamy violates the right of equality- the man can have more than one wife, but the woman can not. So Polygomy should go.Similarly, Polyandry also violates the right of equality- the man can have only one wife, whereas the woman can have more than one. So Polyandry should also go. The same problem with  triple talaq. The man has the right to triple talaq, but not the woman. Triple talaq should go unless the woman also has a similar right. There are other issues, like the weightage given to a man.s testimony as witness as compared to a woman's, surely that is not equality.The Shariat law consistently violates the right of equality between men and women. In my view, the right to equality takes precedence over the right to freedom of religion. There might be errors in drafting of the questionnaire ( I am no lawyer, and accept your opinion), but a bad law remains a bad law regardless. Would you support  death sentence for apostates (as  specified in the Shariat) because you support religious freedom.

There are ill conceived/ obsolete laws in all religions. There is a need to correct these, and have a UCC for all communities. Most countries have the same law for all citizens. It should be the same in India, which is a secular country. The laws of all religions need to be rationalized to be consistent with the fundamental rights under our constitution. Doesn't our Constitution take precedence over all religious scriptures? I am convinced that it does.

Regards

Anand S Gangoli

On Wed, Nov 2, 2016 at 7:35 AM, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

Dear all

I am attaching below a first draft response to key clauses of Law Commission on Uniform Civil Code.

Law Commission of India

Questionnaire on Uniform Civil Code

1. Are you aware that Article 44 of the Constitution of India provides that "the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India"?

a.    Yes

b.    No

YES

In your view, does this matter require any further initiatives?

Yes, it requires a final judicial pronouncement from the Supreme Court. The clear meaning of this clause ("endeavour") is that this principle is an unattainable goal and hence directionary, and thereby unenforceable, in nature. This principle first requires that States like J&K be incorporated within the territory of India.  For instance, there is already a common civil code in the State of Goa based on Portugese law. It is not clear if the Hon'ble Commission is suggesting that this Civil Code for Goa be extended throughout the territory of India or if the Civil Code of Goa shall be scrapped ?  It is also not clear how any Uniform Civil Code will be applied to certain states of India (eg. J&K, the North-East etc.) without a referendum on the issue and if the Hon'ble Commission proposes that the Uniform Code can be applied in a piecemeal fashion.

4. Will uniform civil code or codification of personal law and customary practices ensure gender equality?

a.    Yes

b.    No

This is an exceptionally poorly worded question. The Hindu Bahujan Raksha Dal questions the competence of the fools who have drafted this query requiring a single answer to a compound query. Accordingly, under the Roman maxim "Falsus in uno, falsus in omnibus" we are caused to reply as NO.

 

5. Should the uniform civil code be optional?

a.    Yes

b.    No

 

YES. The State cannot, and must not, interfere with the religious practices of its people.

 

6.    Should the following practices be banned and regulated?

a.    Polygamy (Banned/ Regulated)

b.    Polyandry (Banned/ Regulated)

c.    Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned/ Regulated)

 

6a: NO, this is a religious practice and out of scope of UCC legislation

6b. NO, this is a religious practice and out of scope of UCC legislation

6c. YES, Maitri Karar (and its variants) must be banned because it is a civil contract and hence amenable to UCC legislation.

 

7.    Should the practice of triple talaq be

a.    Abolished in toto.

b.    Retained the custom

c.    Retained with suitable amendments

 

We again criticise the poorly drafted query. We say Triple Talaq must be RETAINED and its benefits EXTENDED to all COMMUNITIES:

Triple Talaq is an Islamic  religious practice. It is highly beneficial and practical for all parties concerned. The alternative to 'Triple Talaq' are protracted, expensive and traumatic judicial proceedings where the only beneficiaries are the lawyers and judges. There is already a universal secular marriage law and divorce law in India (Special Marriage Act) for those who opt for it, and there is no bar for Muslims to marry and divorce under this act. Solemnisation / Registration of marriages under Special Marriage Act rules out Triple Talaq divorces.

 

8.    Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices?

a.    Yes, Hindu women must be made aware of this right and measures should be taken to ensure that women, under pressure from family do not forego their property.

b.    No there are adequate protections in the existing law.

c.    Legal provisions will not help in what is primarily a cultural practice, steps have to be taken so sensitise the society instead.

 

YES. We suggest that the entire gender insensitive and biased Hindu Code of 1955-56 era should be scrapped in its entireity.

 

9.    Do you agree that the two-year period of wait for finalising divorce violates Christian women's right to equality?

a.    Yes, it should be made uniform across all marriages

b.    No. This period is sufficient and in-keeping with religious sentiments.

 

YES: It is a very sound principle, gender friendly, and should be made uniform across all marriages. Furthermore, many religions believe that marriage being a sacrament does not permit any divorce.

 

10.    Do you agree that there should be a uniform age of consent for marriage across all personal laws and customary practices?

a.    Yes.

b.    No, customary laws locate this age at the attainment of puberty.

c.    The prevailing system of recognising 'voidable' marriages is sufficient.

YES : Furthermore, we say that the minimum statutory age for marriage in all communities should be kept at 25 years for males and 21 years for women, and there must be compulsory registration of marriages to be done within 30 days.

 

11.    Do you agree that all the religious denominations should have the common grounds for divorce?

a.    Yes

b.    No, cultural difference must be preserved.

c.    No, but there should be the same grounds for divorce available for men and women within personal law.

 

C. but there should be the same grounds for divorce available for men and women within personal law, except when it leads to some anomaly.

 

12.    Would uniform civil code aid in addressing the problem of denial of maintenance or insufficient maintenance to women upon divorce?

a.    Yes

b.    No

Give reasons:

 

NO: This aspect should be addressed under the Criminal Code and maintenance should be provided by the socialist State directly under section 125 CrPC or otherwise.

 

13. How can compulsory registration of marriages be implemented better?

 

There is no law of India requiring compulsory registration of marriages. To implement compulsory registration of Hindu marriages, the entire Hindu Code of 1955-56 era should be scrapped / repealed as these are biased and gender unfriendly.

 

 

14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriages?

 

Mandate as follows:-

A)   that all such marriages be registered under Special Marriages Act

B)   that Registrants under Special Marriages Act  be given all the benefits in law available to Scheduled Castes.

 

 

15. Would uniform civil code infringe an individual's right to freedom of religion?

a.    Yes

b.    No

Give reasons:    .

YES:

1)    Many religions permit polygamy, polyandry etc which are social-cultural devices devised to propagate their religions through "breeding".

 

2)    The Hindu religion permits upto 4 wives per male. This should be retained in law.

 

3)    The Hindu religion permits Kulin marriages per male. This should be retained in law

 

4)    Since the details of any proposed UCC are not circulated, it is unfair and unreasonable to solicit queries on this issue without complete transparency.

 

5)    It seems the Law Commission is behaving in a highly biased manner by circulating such poorly designed, opaque and skewed questionnaires, and that too only among the educated elite.

 

16. What measures should be taken to sensitize the society towards a common code or codification of personal law?

Remarks:

There are a whole slew of measures we could suggest, if we were convinced that the Law Commission is serious and honest. But first, the Law Commission may clarify if it proposes to achieve a common code or whether it merely proposes to codify personal laws. To this end We strongly propose and suggest that all personal laws, and especially the entire Hindu Code of 1955-56 era be scrapped / repealed.

 

Please provide us with your name, contact number and address.

 

UNADDRESSED clauses:

2. The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects?

Marriage

3

   Divorce

4

   Adoption

5

   Guardianship and Child custody

6

   Maintenance

7

   Successions and

8

   Inheritance

a.    Yes, it should include all these

b.    No, it should exclude__

c.    It should further include_

3. Do you agree that the existing personal laws and customary practices need codification and would benefit the people?

a.    Yes

b.    No

c.    Personal laws and customary practices should be replaced by a uniform code

d.    Personal laws and customary practices should be codified to bring them in line with fundamental rights.

 

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[IAC#RG] COMPLAINT : CORRUPTION of your Environment Minister and Environment Secretary

To:

Chief Minister of Delhi

BY EMAIL

Dear Chief Minister

Please find attached clear evidence of corruption by your Environment Minister and your Environment Secretary.

As a result of their corruption, the unimpeachable evidence from their own data measured by sophisticated sensors installed inside a Kendriya Vidyalalya school shows that school children of Delhi are being poisoned (inside their school) by about 10 times the permissible pollutant levels and your Govt and officers are doing nothing to control the situation, obviously for illegal gratification.

Hence, kindly dismiss your Minister and charge sheet your Secretary.

You may also immediately kindly personally direct the immediate shut down of the Sukhdev Vihar large scale Waste to Energy burning plant which is spewing huge amounts of toxic fumes into the atmosphere poisoning our schoolchildren in South Delhi. Needless to remind you that the owners of this plant are well known to your immediate family and hence officers of your Govt are reluctant to take action against them fearing reprisals. You may also recall your own assurances of Feb 2015 reported as follows -

"Delhi Chief Minister Arvind Kejriwal today assured a delegation of Sukhdev Vihar residents from Okhla, South Delhi district that the polluting incinerator based waste-to-energy plant being operated close to residential areas, would be shut down. This highly controversial plant of Timarpur-Okhla Waste Management Co Pvt Ltd (TOWMCL) of M/s Jindal Urban Infrastructure Limited (JUIL), a company of M/s Jindal Saw Group Limited has been running using an unapproved and untested Chinese technology with impunity"

Source: http://www.toxicswatch.org/2015/02/okhla-municipal-waste-incinerator-plant.html

So it is a wonder that GNCTD is somehow permitting this toxic polluting W-T-E plant of Jindals to continue but not permitting motor vehicle owners to run their private cars. Are we to take it that ODD-EVEN scheme was only notified to benefit air-polluters like Jindals ?

sincerely

Sarbajit Roy
​

B-59 Defence Colony,
New Delhi 110024

Tel : +91-8010205897

EVIDENCE:


​

Re: [IAC#RG] Outstanding issues to be resolved concerning INDIA AGAINST CORUPTION

Dear Shri Gaur

This is a very simple matter.

1)  Mr. Datta Awari of Ralegan Siddhi who is the close aide of Shri Anna Hazare informed many news agencies that Anna's office has purchased 1 crore nos. of annual bulk SMS subscriptions from Netcore at Rs. 20 per connection. He further said that the SMS cards were sent from Ralegan Siddhi to Delhi and Chennai for onward distribution.

2) As per the service provider Netcore's own website, 1 crore such subscriptions at Rs. 20 each were actually purchased by Team Anna for onward distribution on no-profit-no-loss basis (+ handling charge of Rs. 5 per card). Surely this involved about Rs.20 crores of cheque payment to be made to Netcore since service tax is involved for telecom services. This cheque payment obviously came from either PCRF account (on account of IAC) or from BVJA account (for Team Anna).  PCRF has only listed Rs. 1,59 lakhs as income from Anna-SMS card, therefore the balance must have come from BVJA. But it is not clear from where they came up with the funds to pay Netcore.  Later Anna said that 3 crore such SMS cards were actually sold. So somebody has received the money involved for the cards distributed. If Anna is aggrieved that his image was used without permission (which is hardly likely since they booked these cards), then IAC is equally aggrieved that our logo was used on these cards by some imposters and personators.  Being registered charitable trusts they can't simply claim that these valuable telecom VAS modules worth tens of crores were simply handed over to "volunteers" to distribute and without proper accounts being maintained.

3) There is a Criminal Writ Petition WR-172/2011 pending in SC against Anna Hazare, BVJA and Maharashtra Govt, and investigation is with CBI. Next date is sometime next week. Anna's various trusts have been unable to disclose their audited returns. There is massive mismanagement in Anna's trusts. The Charity Commissioner has already suspended BVJA and it was working on basis of stay order as per say of a trustee to me. It is complete nonsense that Anna Hazare is a simple person staying in a temple dependent on charity.

4) Prashant Bhushan was one of the signatories of the PCRF audited balance sheets for 2011-12, and there has been no public accounting disclosure thereafter for PCRF and it seems to have been amalgamated into Aam Aadmi Party.

5) IAC is least concerned about all this money. All we desire is to see that it is all accounted for and properly audited by these so-called paragons of virtue. We were perfectly willing to ignore Anna Hazare but it seems that his greed and ego has once again got the better of him and he is in the company of persons he knows nothing about and he should think carefully before provoking us.

Sarbajit

On Tue, Nov 1, 2016 at 3:52 PM, Gaur J K <gaurjk@hotmail.com> wrote:

01/11/16

My first reaction is that unless this matter of collecting funds from the time of India Against corruption Jan Andolan 0f 2011among various stake holders- gets resolved amicably through dialogue it is going to get messier and involvement of the financial institutions-I.T, ED and even courts can,t be ruled out. Singly out Anna Hazare and or Kiran Bedi/Prshant Bhusan is not going to be helpful. Regds JKGaur Mumbai

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