Primarily consciousness is the product of material circumstances. However, application of strong and correct ideas are bound to raise the level of consciousness and consequently, change in the material circumstances.
Ashok Agarwal, Advocate
Saturday, September 11, 2010
Saturday, March 14, 2009
YEH KAISI AASTHA? (WHAT KIND OF FAITH IT IS?)
Saturday, 14 March 2009 at about 12.30 pm in front of a Hindu Temple near Deepali Chowk, Outer Ring Road, North-West Delhi, India several tender age children can be seen rolling themselves on the summer hot road under the dictates of their parents covering distance of around 200 meters in order to reach at the gate of the temple to offer prayers to the Hindu deity. These tender age children are the children of the people of the poor and marginalized sections. The parents are literally forcing them to adopt such inhuman and derogatory practice in the hope & belief of being awarded with material prosperity so to compete with the rest of the world. Interestingly, hundreds of passing by rich and wealthy sections of people are just not interested in the world of these poor and unfortunate children.
Such practice is derogatory to the dignity and rights of the child. It exposes and willfully neglects the child in the manner likely to cause such child unnecessary mental and physical suffering. Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 makes such an act punishable with imprisonment for a term which may extend to six months, or fine, or with both. Article 39 (f) of the Constitution of India provides that the State shall, in particular, direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Article 51A (h) of the Constitution of India provides that it shall be the duty of every citizen of
The Government is constitutionally obliged to protect the rights of the children. It is well said that the children are the future of the country. However, one can imagine that with such kind of inhuman practice, what kind of future we are going to have. Therefore, the Government must take immediate steps to prevent occurrence of such immoral, illegal and derogatory practice.
-By Ashok Agarwal, Advocate
Mob- 09811101923
Tuesday, May 20, 2008
All Godmen are Fake
I agree with the Kerala Minister that "All Godmen are Fake". All human beings are only human beings. The innocent people are the victims. ashok agarwal,advocate
Tuesday, May 6, 2008
Death of 8 years old Samay – mere an accident or a criminal negligence?
06.05.2008
To
The Chairperson
National Commission for Protection of Child Rights
5th Floor, Chandralok Building
Janpath, New Delhi-110001
Sub: death of 8 years old Samay – mere an accident or a criminal negligence?
Respected Madam,
The Times of India, New Delhi May 04, 2008 reported that an eight-year-old boy’s faith and determination to cure his elder brother, who is suffering from cerebral palsy, met with a tragic end on Friday. Samay Nanda, lovingly called Kaku by his parents, drowned in a step-well (baoli) at Peera Garhi where he had gone to fetch some “miracle water” for his brother. It is also reported that “A priest told us that the pond’s water could be tried to cure Sonu as water was known to have medicinal properties. There have been cases of people being cured of illnesses after consuming this water. So we decided to give it a try,” said Samay’s father, Virendra (54) (copy enclosed).
This case may look like a simple case of death where no one needs to look further.
However, it is not so. It really raises several issues of public importance. Whether right of the child to care and protection has reasonably been taken care of? Who are the persons responsible for making the child’s mind pervert with the superstition like “miracle water”? Do we have adequate law to deal with such a situation? Do we need to define more precisely the statutory obligations of the parents towards their children keeping child rights in mind? Whether parents are guilty of criminal negligence attracting the provisions of Section 304 A of the IPC? Whether the authorities manning the step-well which is nearly 20 feet deep and lacking in appropriate safety and security arrangements, are responsible for the death of the child?
At the moment, I am not developing on all the issues referred to above leaving to the wisdom the Commission to deal with. However, as a legal expert, I would like to add that the facts as reported in the newspaper clearly disclose a case of criminal negligence against the parents of Samay as well as against the authorities manning the step-well, punishable under Section 304 A of the IPC. It is submitted that the faith healing belief that was so absurd in itself that it could not be honestly obtained would also be evidence that the parents had not reasonable acted good of their child.
It is, therefore, requested that the Commission may kindly look into this matter and take all appropriate steps including directing the police authorities concerned to investigate further in the matter of the death of master Samay and take appropriate action against all the persons found responsible in accordance with law.
With regards,
Ashok Agarwal, Advocate,
Advisor, Social Jurist
M-09811101923
To
The Chairperson
National Commission for Protection of Child Rights
5th Floor, Chandralok Building
Janpath, New Delhi-110001
Sub: death of 8 years old Samay – mere an accident or a criminal negligence?
Respected Madam,
The Times of India, New Delhi May 04, 2008 reported that an eight-year-old boy’s faith and determination to cure his elder brother, who is suffering from cerebral palsy, met with a tragic end on Friday. Samay Nanda, lovingly called Kaku by his parents, drowned in a step-well (baoli) at Peera Garhi where he had gone to fetch some “miracle water” for his brother. It is also reported that “A priest told us that the pond’s water could be tried to cure Sonu as water was known to have medicinal properties. There have been cases of people being cured of illnesses after consuming this water. So we decided to give it a try,” said Samay’s father, Virendra (54) (copy enclosed).
This case may look like a simple case of death where no one needs to look further.
However, it is not so. It really raises several issues of public importance. Whether right of the child to care and protection has reasonably been taken care of? Who are the persons responsible for making the child’s mind pervert with the superstition like “miracle water”? Do we have adequate law to deal with such a situation? Do we need to define more precisely the statutory obligations of the parents towards their children keeping child rights in mind? Whether parents are guilty of criminal negligence attracting the provisions of Section 304 A of the IPC? Whether the authorities manning the step-well which is nearly 20 feet deep and lacking in appropriate safety and security arrangements, are responsible for the death of the child?
At the moment, I am not developing on all the issues referred to above leaving to the wisdom the Commission to deal with. However, as a legal expert, I would like to add that the facts as reported in the newspaper clearly disclose a case of criminal negligence against the parents of Samay as well as against the authorities manning the step-well, punishable under Section 304 A of the IPC. It is submitted that the faith healing belief that was so absurd in itself that it could not be honestly obtained would also be evidence that the parents had not reasonable acted good of their child.
It is, therefore, requested that the Commission may kindly look into this matter and take all appropriate steps including directing the police authorities concerned to investigate further in the matter of the death of master Samay and take appropriate action against all the persons found responsible in accordance with law.
With regards,
Ashok Agarwal, Advocate,
Advisor, Social Jurist
M-09811101923
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