tag:blogger.com,1999:blog-72755437322499294382024-02-20T17:22:48.309-08:00MISSION JUSTICEOur intention is just one "MISSION JUSTICE"Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.comBlogger22125tag:blogger.com,1999:blog-7275543732249929438.post-77946561654391559022012-04-16T04:15:00.000-07:002012-04-16T04:15:27.985-07:00CJI, RTI AND MISSION JUSTICE - THE UNPRECEDENTED AND UNEXPECTED RELATION<div dir="ltr" style="text-align: left;" trbidi="on"> <br />
<strong><u> Press release</u></strong><br />
<br />
<br />
We, ‘MISSION JUSTICE’ had filed the right to information application with the Hon’ble Apex Court and reference of the issue, in consideration by us, was there in press and newspapers dated 13.04.2012. A copy of the right to information Application, reply, payment receipt and second RTI Application is herewith attached. We have filed the right to information application to know the details about the expenses incurred in the travel of the Hon. CJI to Mumbai to deliver the Nani Palkivala lecture series. We were under the impression that Nani palkivala Trust had invited the Hon. CJI and must pay for the expenses but were informed that it was an official tour and the expenses were borne by the Supreme Court Registry. We wanted to know the details of the stay of the official work and schedule of the Hon. CJI, who had come to Mumbai, along with his wife and Principle secretary and was the official was only limited to the lecture. We hence filed second application. We have paid a sum of Rs. 4.00 for obtaining copies of invitation and acceptance on 14.3.2012 and await the supply of copies.<br />
<br />
‘MISSION JUSTICE’ is intending to work on child rights, Judicial reforms, RTI and senior citizens rights as we find that they are not implemented properly and the implementation itself will make all the changes. <br />
<br />
The Hon. CJI during hearing of the matter related to deliberations on reporting norms for sub-judice matters has been quoted to have referred to the RTI Application with regard to the Nanipalkivala lecture. We have also sought the information and are unaware of any other application by any other person. Hence our comments are as under :<br />
<br />
1. It is stated that “Since I took over as CJI, I have answered all the questions except a few. But the kind of questions and their numbers are exceeding limit”. “we are working hard but are not able to concentrate many a time because of these questions. Are these relevant for the press?”<br />
<br />
We have to submit that RTI is not a question and answer sheet, but is a means of applying for information based on records. In case any question is asked and there is no record related to the same, the Ld. PIO is within his rights to reply that the records of the same are not available. But, if someone has asked schedule, time of landing and schedule/details of stay, then the itinerary and dairy records can be provided. The PIO is bound to do is duty independently and provide information, as is available anywhere in the records. The Hon’ble CJI can’t trouble the kind and answering Hon. CJI about any question being asked by any party and must reject questions for which there is no document. If otherwise he makes the Hon. CJI act as deemed PIO, then who will be the Appellate authority? <br />
<br />
The PIO must not trouble the Hon. CJI with questions. It must not affect the concentration of the Hon. CJI as the litigants will suffer on account of Hon. CJI not being able to concentrate and it is something which the PIO must take care of. <br />
<br />
It is quoted that “RTI act is a good law but there has to be a limit to it.” We feel that a citizen has a right to know about the Hon. CJI about his scheduled official trip, after the trip is over. The limits are set up in section 8 and if there is disagreement the PIO can reject it and let the same travel to CIC and ultimately will come back to the SC for it to sit over the cause related to themselves and decide the issue concerning the RTI and themselves.<br />
<br />
2. We are of the opinion and support Mr. Divan’s arguments. <br />
<br />
3. Infact there are several more issues which need guidelines and that too more desperately that Media reporting. This includes child rights, which affects crores of children and India has not acted as per the International treaty. We also feel that misuse of pro-women laws like 498A and domestic violence needs more guidelines, as its now an extortion tool and even the right of the children are violated, when despite statutory provision of father being natural guardian, unless it is against the welfare of the child is ignored and the extortionist gets the custody under threat and even false affidavits, statements and concealing of facts by women go unpunished and by this the men and their families rights are violated. We feel even judicial conducts needs guidelines and more so in light of allegations against ex CJIs. <br />
<br />
4. We feel that when any judge gives a statement which shows that he has been personal affected by any cause, directly or indirectly related to the issue in hand or related or assumed to have been related by the judge, the Hon’ble Judge must remove himself from the cause. We are of the opinion that if the Hon. Courts themselves don’t lay down guidelines for their own conduct then the citizens, who are sovereign and to whom justice is the first guarantee in the preamble of Constitution, will feel uneasy. Each conduct of the Hon’ble SC and HC judges is expected to be careful, just and must also be seen to be just. We expect the same from the bench in light of statements as recorded in press. This reminds us of Lord Ram who asked her wife and queen Sita to leave the palace and banished her when it is reported to him that some subjects of his in Ayodhya believed that Sita was not fit due to her long captivity in Ravana's city. He did so as a king is expected to uphold moral principles in order to uphold his duty as a king. Thus, he did not think twice before hurting himself and his family for upholding the confidence of the masses and hence he is Lord. We have put up title of Lordship with same expectations on the Hon. Judges.<br />
<br />
<br />
<br />
COPY OF THE APPLICATION AND REPLIES CAN BE SOUGHT BY REQUESTING IT TO <a href="mailto:missionjustice@ymail.com">missionjustice@ymail.com</a><br />
</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-53546279788299828522012-02-19T09:42:00.000-08:002012-02-19T09:42:41.716-08:00THE ELECTION RULES AND BAKSHAKS<div dir="ltr" style="text-align: left;" trbidi="on"><div style="text-align: justify;">Very recently there was a huge controversy over the muslim quota promised by Congress. The controversy started when the Union Law Minister Salmaan Khurshid violated the election code of conduct by promising 9% quota for muslims. The Election Commission, which had powers to file a FIR against the union Law Minister, made a complaint to the President, who inturn passed it on to the Prime Minister and the matter was burried. Let us not forget that the Prime Minister has been a spectator with full knowledge in most scams right from 2G to CWG to even elevation of Mr. Thomas as chief of Anti Corruption watch dog CVC. Hence, its natural that he will not act. President Pratibha Patil's son and Congress MLA Raosaheb Shekhawat has been issued notice by the district collector in connection with the seizure of Rs 1 crore unaccounted cash from Amravati, where civic polls are under way. Thus expecting Justice from Government is doing injustice to the very term JUSTICE.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Then there after even Union Minister for steel Mr. Beni Prasad Verma openly challange the EC on it and went ahead promising quota to muslims and and openly challanging the EC in presence of Digvijay Singh and Salman Khurshid. Thus, they were all part of this open violation of EC Rules.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">The Congress has been in power since decades except for short period. They do nothing but make scams and make life miserable and when its election time the owls are out. Theu make promises through Law minister on quota and then through CM of Maharashtra on making Mumbai a dream city. They have no intention, but like Britishers are involved in divide and rule and give dreams to common man. The National Party even gives advertisement in newspaper on the day of Elections in Mumbai violating code of conduct. The newspapers who get regular advertisements can also feel the pressure of not writing against a party. Thus election rules are only for the citizens candidates and their supporters and these self styled uncrowned kings have no rules to follow and no ethics. The violation made one thing clear that Congress is a ethic-less party and rules are for common man to be flouted by the Government openly.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I have great deal of grudge against the Election Commission for not taking strong action in Mumbai and UP and a small one against judiciary which has been given special inherit powers so that they can act in the interest of Justice, when the Powerful themselves violate law. I feel an urgent need that the Chief Justice of the respective High Court must suo moto act on this issue and people must not hesitate in recording request by letters to the Chief Justices. More letters means more pressure to act. If not these devils will become more fearless and more arrogant. The Judiciary must dare to remove these ministers and warn the Congress party that Power does not mean that they have become unaccountable and if the Judiciary does it I will say it has made the democracy more powerful and accountable and if it fails then I will say its collapse of democracy and its pillars.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I have a few things to put up to the common man :</div><div style="text-align: justify;">1. If political parties flout the Election rules and are not accounted for then why have rules and why not have a clause exempting the ruling party from compliance?</div><div style="text-align: justify;">2. Is Election Commission just a dummy of ruling Party?</div><div style="text-align: justify;">3. If the Prime Minister and President don't cat against the complaints then are the not guilty of sheltering the wrong doers?</div><div style="text-align: justify;">4. Is there no need to file FIR against the violators of code of Conduct and also EC/Prime Minister/ President for being silent?</div><div style="text-align: justify;">5. Are we going to wait for couple of years for getting this issue raise and is the educated class becoming mentally slave of democracy murderers?</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">This and many more. I can just say one thing; that time has come that we activist rise from each corner of the nation and take up issues. Thus if 100 activist focus on this issue I am sure things will change. If Subramaniam Swamy can take on 2G, Some one can dare on Thomas, then why not we take up these issues. Infact MISSION JUSTICE is willing to act as a platform for activist to unite and plan and divide work within themselves and systematically irradiate the wrongs and give the Nation a better future in years to come... </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">SIDDHARTH MURARKA</div><div style="text-align: justify;">Convenor</div><br />
</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com1tag:blogger.com,1999:blog-7275543732249929438.post-46997550489939792962012-01-15T08:32:00.000-08:002012-01-15T08:32:24.113-08:00My speech which I would have given in reply to CJI speech at Nani palkivala Lecture<div dir="ltr" style="text-align: left;" trbidi="on">I attended the the Ninth Nani Palkivala Lecture on 14.1.2012. Shockingly I was given an envelop by "FORUM FOR PRESIDENTIAL DEMOCRACY" which is a political party. I was shocked as to my mind there cannot be a pamplet distributed by any political party in a function of Judiciary or by some the prominent judiciary person like CJI. I am sure this was not known to the Hon'ble Judicial members and High Court judges else they would not have allowed the pamplets. It was the responsibility of the organisers and they must be held liable for the same.<br />
<br />
After all other things, began the speech of our own CJI Shri Kapadia.<br />
<br />
After hearing him, I would have countered if I was allowed to react as under :<br />
<br />
I am thankful to the Hon'ble CJI for giving this wonderful speech, which had inbuilt sense of defence and a reaction to criticism against the function of the Judicial system. I have heard you and salute you for one thing first. When national anthem was being sung very few people were singing it word by word and that included you. You began your speech by praising Mr. Nani Palkiwala and referred to landmark case of Keshavanand Bharti and how he assisted the Court in coming to the landmark judgment. Indeed he was remarkable and I wish I would have been the lucky ones to hear him argue. I am not. However his legacy inspires me. Sir Nani Palkivala fought this case which is a landmark case of human rights. If we miss lawyers like Nani then we also miss something on the bench. Today, I am sure that Judiciary is also so burdened that its rare to see that a large bench is formed to hear the cases of constitutional importance and more so on human rights. Infact let me tell you I am confused by the system, as I can tell you case where 3 judges issued order on a day and later 2 judges passed order on other day. The system is not correct and if even a single order is passed by 3 judges then 2 judges can't pass orders. Needless to say that with times everything has sunk and the system is on the verge of collapsing. This is just an example and many things are to be checked.<br />
<br />
Let me also tell you sir, Nani Palkivala was a great champion of Human rights and today we miss such lawyers. Today the reality is also that we go on technicalities and don't mind dismissing PIL for such reasons, where as the earlier belief was that the human rights are so valuable that every thing else can be set aside for the same. Infact, the forefathers of the constitution realised that they may have missed something and hence gave all powers under the sun to the Higher Courts to do whatever is necessary to do Justice. Thus responsibility was casted upon the Judiciary by giving them extreme powers that they will rectify each and everything to do Justice. Let me bet upon it that Judges have no time and this power is generally not used. Thus the power was with responsibility and faith but is unfortunately rarely seen to have been exercised.<br />
<br />
Sir, your speech was evolving around taxation and international trade.Well I disagree with you that they are most important. This is more so when I read about crores of people not having meals, crores of kids being victim of malnutrition, when education mafia is taking charge of system, when crores are eaten by system in corruption, when the common man has lost hope and faith. All trades and taxes are meaningless. If just a fraction of these victim turn anti social then the economy will be wiped of anyday. Trade and tax is for maintaining humanity and humanity is not for trade and taxation. The base has to be strong, else a stong building having thick walls will collapse as the weak base will give way.<br />
<br />
Learned Sir you referred to minting of money by senior lawyers. Well I don't blame them for it but I blame the system where the junior lawyers have started feeling that if they don't hire a senior lawyer they wont be heard and clients cause will suffer. The reality is that a minute of error and the case is gone. The Judiciary cant afford to give them hearing and the right words have to be put up and only if the Judge is pleased the Notice will be issued. If instead there are more judges and Juniors are heard and time is given, these things can be eradicated. Blaming seniors will not solve the problem and the Judiciary must also share the blame. Judges and Lawyers are part of a system and they both must attempt to enhance the system rather than pass on the blames. I have heard Judges saying you all lawyers do this.... etc. and then they expect that lawyers must give extra ordinary respect. Respect is to be earned and not be in sweet tongue. The lawyers try to please judges by whatever way they can and we have overburdened the system with the word "LORDSHIP" in everyplace. Let us shed the world of Lords and create respect from heart and in minds of common man.<br />
<br />
Your speech on how independent Judiciary was established was really informative. But the part that "don't paint all institution as corrupt" was too defensive. Sir when you have read so much about the past EX-CJI's and more so in last 5 years, the faith of common man has shaken. You are too defensive and let me tell you that your words will not make a difference as people trust only deeds and that too over a long period by all judges. The defence is seen from day one when your letter to and ex judge of Supreme Court was published in newspaper and the crux of letter was recorded. I disagree with your view that love for Justice is rare and that there is lobbying. If you know who is lobbing and creating pressure group then why not let the truth be out. The reality is that cash at door scam and other scams including Justice Sen and Justice Dinakaran and allegation against Justice Balakrishnan have shakened the system and that cannot be wiped off by speeches. Indeeds the Judiciary and Lawyers will have to do a lot to bring back the reputaion that is tarnished.<br />
<br />
Learned sir. A good Judge does not care about what people say and what they lobby. A strong Judiciary just cares about the constitutional responsibility and Justice and Justice lives in his/her heart and mind. The good Judge is so great and above criticism that he answers them in his judgments and is unshakened by lobbyist and does his work. He does not need to clarify about his past track record and how poor he was. He is so bold that he goes to the level of having a battle with the government for Justice and dares to call upon each arm of Government to do its duty. He does not see whether the data is from affidavit or RTI. He just sees where there is injustice and how he can rectify it. He pardons his criticizers and only takes that part of it which he is required to take for giving Justice. He does not see what he will get from government after retirement but just sees the tears of a litigant. This character is very rare and hence very few people are on such high post. If this is missing I can say the choice is wrong.<br />
<br />
Learned sir you say that there is loophole in our character. The loophole in character is in all persons including the Judiciary. After all we all live in this age of being human when we are at fault and being best when in power. I remember the remarks on Krishna radha by the bench which clearly reflected poorly on the bench and also hurt my religious feelings. Trust me if it was any other person the same Bench would have come down heavily on it.<br />
<br />
Sir you have talked about disposal at many times in different speeches and patted the back of Judiciary. But I disagree with you. The performance is not that good as claimed. If disposal on merits is separated from compromise orders, disposal without going in merits the picture may be sour. Sir we have adopted a system of deciding matters in chambers without hearing the parties in Review. I call it a chamber of secrecy as no one sees Justice being done and more so when Review allowed is a rare virtue and Curative is the rarest. When Judges decide matter in chamber and there is no reasoned order the faith in the system shakes as there is room for gossips and allegations. Let us admit that we live in democracy and hearing and reasoned orders are a part of it. Time has come when Judiciary acts and seals the mouth of allegations and leaves no room of doubt as Justice must be done beyond doubt and any room for doubt and allegation makes the mechanism of Justice a meaningless exercise. A man may sit and decide everything in chamber without reason. Some of his decision may even be just and perfect but then also democracy requires seeing it.<br />
<br />
Coming to your reaction on counter majority decisions. Let me tell you if public opinion did not affect Judiciary you would not have tried to explain us as to how lobbying is done and how all institutions are being painted corrupt. Your speech would have been just around how much accountability is needed and what is not needed. Learned Sir, you have stated that people don't read the collegium judgement and also just sit on chair and criticise and don't give solution. Well first if I dont have solution that does not bar me from pointing out what is wrong. Second we all have a birds eye view of the system just as you sit on bench and decide matter without being at the place of the incident. You base yourself on pleadings and common man on basis of what information he reads and sees. Nothing wrong in it. And if he has a solution please inform where should he send it. Today the common man has fear of contempt as he may not have proper words and his intention which may be good may not be recognised. He does not know how to send and to whom. Is the system ready to have an open debate then lets have it.<br />
<br />
Sir, I have a solution but if you demanded it from listeners then it should have been a debate rather than a lecture.<br />
<br />
The solution is simple. Please inform how many post are vacant in High Courts and ask lawyers above 10 years of practice to apply. Put the list for complaints (with evidence) from litigants and lawyers and after that decide who will be on bench. However today the system is of reference. Fill all post and see how fast we will clean the mess. Increase the number of Judges in Courts and have benches of Supreme Court in Mumbai, Kolkata and Chennai and make Justice affordable. I hope that things will be seen in positive manner as being a lawyer I hate people feeling that Justice is illusion and institution is corrupt. Rather I want to walk a mile and people shaking my hands and saying "PART OF AN HONEST SYSTEM.. WE ADORE YOU AND YOUR JUDGES"...<br />
<br />
JAI HIND<br />
SIDDHARTH MURARKA<br />
Advocate High Court, Mumbai<br />
Convener MISSION JUSTICE<br />
siddharthmurarka@gmail.com<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com2tag:blogger.com,1999:blog-7275543732249929438.post-43598791192926975342010-11-10T07:16:00.000-08:002010-11-10T07:16:56.428-08:00Letter supporting child Rights - please send on your letter head to 7 people14th November, 2010<br />
<br />
To,<br />
Hon’ble Smt. Pratibha Patil,<br />
President of India,<br />
Rashtrapati Bhawan, New Delhi – 110 004<br />
<br />
Hon’ble Shri Mohammad Hamid Ansari<br />
Vice President of India,<br />
Room No. 208, Parliament House Annexure,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Dr. Manmohan Singh,<br />
Prime Minister of India,<br />
Room NO. 152, South Block,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Mr. M. Veerappa Moily<br />
Ministry of Law and Justice,<br />
Room No. 402A,<br />
Wing Shastri B, <br />
New Delhi – 110 001<br />
<br />
Hon’ble Shri Kapil Sibal<br />
Ministry for Human Resource Development,<br />
Room No. 301, C wing, Shastri Bhavan,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Smt. Krishna Tirath <br />
Ministry of Women and Child Right Development<br />
Shastri Bhavan,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Mr. Mukul Wasnik,<br />
Ministry of Social Justice & Empowerment<br />
Room No. 250, A wing, Shastri Bhawan,<br />
New Delhi – 110 001<br />
<br />
Respected Madam / Sir,<br />
<br />
<div style="text-align: justify;">This is to bring to your notice, that in 1992, more particularly on 19.11.1992, we the Nation have ratified articles and resolution passed and convention on the Rights of the Child more particularly adopted by General Assembly of the United Nations bearing Ref. No. A/RES/44/25 of 20-11-1989. Thereafter in 2005 we have passed an Act, The Commission for protection of Child Rights Act 2005, appointing child right commission to look into the matter relating to child rights.</div><br />
<div style="text-align: justify;">Under the said convention all the signatory Nations have assured international community that they shall be implementing the articles of the said convention and shall play role in improving condition of the children of their Nation. Under the convention members / signatory state parties were bound to implement the rights of the children and for the purpose of convenience we are not reproducing the same but has been put on record by publics movement MISSION JUSTICE in August,2010.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">However, it has been seen that apart from appointment of commission to look into the said rights, we have done nothing to recognize or implement the said rights as guaranteed by us before international community. We support the demand of MISSION JUSTICE fo implementation of the full articles of Convention and demand a single "FAMILY PROTECTION AND MAINTAINANCE ACT" for covering all issue of all family members.</div><br />
<div style="text-align: justify;">We hope that the citizens demand as per MISSION JUSTICE for implementation of child rights is implemented immediately and fully and effectively.</div><br />
With this we request you to look into this aspect of the voice of voiceless i.e. children, who are the future of this Nation and necessary measures / steps be taken with regard to protecting the interest of these children. We call upon the state to implement the said rights and also other rights by codifying all the children laws in one enactment of single Act and also transfer all criminal and civil provision in one single piece of legislation with regard to the family and child. <br />
<br />
Thanking you in anticipation.<br />
Yours truly,Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-19425026570714585802010-09-08T11:48:00.000-07:002010-11-10T06:58:38.453-08:00CHILD RIGHTS - The neccesity<div style="text-align: justify;">Under MISSION JUSTICE we have issued Notice to the Government on Child Rights. The Government in 1992 has ratified the convention of UN on child rights which was held in 1989. This means that the Government has promised that the said guarantees shall be implemented in totality by way of legislated law or otherwise.</div><br />
<br />
In 2005, only a Commission for Child Rights have been setup which is non effective and has almost failed us on all counts. <br />
<br />
<div style="text-align: justify;">We demand that all the articles of the said convention be implemented in form of a codified law which it will eradicate child labour, child abuse, parent alienation, uneducated children, child begging etc. And will give children an opportunity to grow and progress as a free sovereign citizen. </div><br />
<div style="text-align: justify;">We feel that this cannot wait for years for representation and Court battles and the children need their right implementation immediately. The question is of crores of children and hence time cannot be granted. We wish to initiate a movement of massive signature campaign accross the Nation for 15 days from children's day till 30.11.2010 and hope that by the end of 2010 we will have settled laws in place. This is possible purely by protest and cooperation of each and every citizen of the Nation. We look forward for citizens, students, volunteers, film industry, sports stars, media and all the concerned to pool in all your resources and make an attempt to see that this issue gets the fastest result.</div><div style="text-align: justify;">Jai Hind</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com3tag:blogger.com,1999:blog-7275543732249929438.post-57240459580094976682010-09-08T11:47:00.000-07:002010-11-10T08:15:53.091-08:00Strategy for MISSION JUSTICE signature campaign a must<div style="text-align: justify;">We wish that all NGO, Celebrities, People of social importance come on street and get signature campaign endorsing immediate implementation of child rights</div><div style="text-align: justify;"></div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We look upon the media for great help. If media covers the entire Convention Articles and inform the people about it and how it will affect the Nation then things will start moving. We look upon each society, MP, MLA taking up the job and doing door to door survey and on streets. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We call upon media channels to puts up a help desk. wherein if a common man finds any child right violation as per the articles, then the person can call up the help desk and media will cover that story of that child. If for instance I see a chottu doing child labour next door and I call up the help desk and the media covers the story, then it will be shameful for the right violator. We don’t seek any punishment for the violator, but the nearby people must send roses to the violator saying “GET WELL SOON FROM YOUR ILLNESS OF VIOLATOR”. Others who are also in the same position will be ashamed and will stop violation on their own. That the idealist way of getting things done without force.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">This is unique campaign and We wish that Film and sports star also work in from CHILDREN'S DAY to 30.11.2010 and start helping this cause. 15 Days of pain will give smiles to millions of children. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We look forward to the students, Youth, Retired People, film Industry, TV Industry, NGO World, Activist, Media and the common man to extend support for this movement which will start on the 1st Navratra after the morning Aarti and end at Vijaydashmi. The balance schedule will be released soon on the blog.</div>JAI HINDSiddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-42843241945320654262010-09-08T11:45:00.000-07:002010-09-08T11:45:04.183-07:00Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by<div style="text-align: justify;">ADOPTED BY INDIA IN 1992. U/A 51(c) THE GOVERNMENT IS BOUND TO IMPLEMENT THIS ACT. THIS ACT WILL MAKE CHILD BEGGAGING, CHILD LABOUR, CHILD EXPOLITATION, CHILD PARENT ALIENATION ALL ILLEGAL AND WILL BE BOUND TO PROTECT THE CHILDREN AND PROVIDE THE BEST WELFARE TO THE CHILDREN. CRORES ARE GONE IN SCAMS EACH YEAR BUT EVEN AFTER ALMOST 20 YEARS THIS TREATY HAS NOT BEEN IMPLEMENTED AND WE DEMAND THE IMPLEMENTATION OF THIS TREATY WITHOUT FURTHER RECOURCE TO LAW. WILL YOU NOT SUPPORT US???</div><br />
copy of the Convention as found by us on interenet :-<br />
<br />
<div align="justify"><strong><u>Preamble</u></strong></div><div align="justify"></div><div align="justify"><br />
</div><div align="justify">The States Parties to the present Convention,</div><div align="justify"><br />
</div><div align="justify">Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,</div><div align="justify"><br />
</div><div align="justify">Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,</div><div align="justify"><br />
</div><div align="justify">Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,</div><div align="justify"><br />
</div><div align="justify">Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,</div><div align="justify"><br />
</div><div align="justify">Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,</div><div align="justify"><br />
</div><div align="justify">Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,</div><div align="justify"><br />
</div><div align="justify">Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,</div><div align="justify"><br />
</div><div align="justify">Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, '</div><div align="justify"><br />
</div><div align="justify">Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth",</div><div align="justify"><br />
</div><div align="justify">Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict,</div><div align="justify"><br />
</div><div align="justify">Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,</div><div align="justify"><br />
</div><div align="justify">Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,</div><div align="justify"><br />
</div><div align="justify">Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,</div><div align="justify"><br />
</div><div align="justify">Have agreed as follows:</div><div align="justify"><br />
</div><div align="justify">PART I</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 1</u></strong></div><div align="justify"><br />
</div><div align="justify">For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 2</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 3</u></strong></div><div align="justify"><br />
</div><div align="justify">1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.</div><div align="justify"><br />
</div><div align="justify">2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.</div><div align="justify"><br />
</div><div align="justify">3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 4</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 5</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 6</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize that every child has the inherent right to life.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall ensure to the maximum extent possible the survival and development of the child.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 7</u></strong></div><div align="justify"><br />
</div><div align="justify">1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 8</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.</div><div align="justify"><br />
</div><div align="justify">2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 9</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.</div><div align="justify"><br />
</div><div align="justify">2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.</div><div align="justify"><br />
</div><div align="justify">3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests. 4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 10</u></strong></div><div align="justify"><br />
</div><div align="justify">1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.</div><div align="justify"><br />
</div><div align="justify">2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 11</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.</div><div align="justify"><br />
</div><div align="justify">2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.</div><div align="justify"><br />
</div><div align="justify"><u><strong>Article 12</strong></u></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.</div><div align="justify"><br />
</div><div align="justify">2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 13</u></strong></div><div align="justify"><br />
</div><div align="justify">1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.</div><div align="justify"><br />
</div><div align="justify">2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:</div><div align="justify"><br />
</div><div align="justify">(a) For respect of the rights or reputations of others; or</div><div align="justify"><br />
</div><div align="justify">(b) For the protection of national security or of public order (ordre public), or of public health or morals.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 14</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.</div><div align="justify"><br />
</div><div align="justify">3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 15</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.</div><div align="justify"><br />
</div><div align="justify">2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 16</u></strong></div><div align="justify"><br />
</div><div align="justify">1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.</div><div align="justify"><br />
</div><div align="justify">2. The child has the right to the protection of the law against such interference or attacks.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 17</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall:</div><div align="justify"><br />
</div><div align="justify">(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;</div><div align="justify"><br />
</div><div align="justify">(b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;</div><div align="justify"><br />
</div><div align="justify">(c) Encourage the production and dissemination of children's books;</div><div align="justify"><br />
</div><div align="justify">(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;</div><div align="justify"><br />
</div><div align="justify">(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 18</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.</div><div align="justify"><br />
</div><div align="justify">2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.</div><div align="justify"><br />
</div><div align="justify">3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.</div><div align="justify"><br />
</div><div align="justify"><u><strong>Article 19</strong></u></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.</div><div align="justify"><br />
</div><div align="justify">2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 20</u></strong></div><div align="justify"><br />
</div><div align="justify">1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall in accordance with their national laws ensure alternative care for such a child.</div><div align="justify"><br />
</div><div align="justify">3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 21</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:</div><div align="justify"><br />
</div><div align="justify">(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;</div><div align="justify"><br />
</div><div align="justify">(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin; (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;</div><div align="justify"><br />
</div><div align="justify">(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;</div><div align="justify"><br />
</div><div align="justify">(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 22</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.</div><div align="justify"><br />
</div><div align="justify">2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason , as set forth in the present Convention.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 23</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.</div><div align="justify"><br />
</div><div align="justify">2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development</div><div align="justify"><br />
</div><div align="justify">4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 24</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:</div><div align="justify"><br />
</div><div align="justify">(a) To diminish infant and child mortality;</div><div align="justify"><br />
</div><div align="justify">(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;</div><div align="justify"><br />
</div><div align="justify">(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;</div><div align="justify"><br />
</div><div align="justify">(d) To ensure appropriate pre-natal and post-natal health care for mothers;</div><div align="justify"><br />
</div><div align="justify">(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;</div><div align="justify"><br />
</div><div align="justify">(f) To develop preventive health care, guidance for parents and family planning education and services.</div><div align="justify"><br />
</div><div align="justify">3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.</div><div align="justify"><br />
</div><div align="justify">4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 25</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 26</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.</div><div align="justify"><br />
</div><div align="justify">2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 27</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.</div><div align="justify"><br />
</div><div align="justify">2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.</div><div align="justify"><br />
</div><div align="justify">3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.</div><div align="justify"><br />
</div><div align="justify">4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 28</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:</div><div align="justify"><br />
</div><div align="justify">(a) Make primary education compulsory and available free to all;</div><div align="justify"><br />
</div><div align="justify">(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;</div><div align="justify"><br />
</div><div align="justify">(c) Make higher education accessible to all on the basis of capacity by every appropriate means;</div><div align="justify"><br />
</div><div align="justify">(d) Make educational and vocational information and guidance available and accessible to all children;</div><div align="justify"><br />
</div><div align="justify">(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.</div><div align="justify"><br />
</div><div align="justify">3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 29</u></strong> <strong>General comment on its implementation</strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties agree that the education of the child shall be directed to:</div><div align="justify"><br />
</div><div align="justify">(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;</div><div align="justify"><br />
</div><div align="justify">(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;</div><div align="justify"><br />
</div><div align="justify">(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;</div><div align="justify"><br />
</div><div align="justify">(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;</div><div align="justify"><br />
</div><div align="justify">(e) The development of respect for the natural environment.</div><div align="justify"><br />
</div><div align="justify">2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 30</u></strong></div><div align="justify"><br />
</div><div align="justify">In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 31</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 32</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment;</div><div align="justify"><br />
</div><div align="justify">(b) Provide for appropriate regulation of the hours and conditions of employment;</div><div align="justify"><br />
</div><div align="justify">(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 33</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 34</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:</div><div align="justify"><br />
</div><div align="justify">(a) The inducement or coercion of a child to engage in any unlawful sexual activity;</div><div align="justify"><br />
</div><div align="justify">(b) The exploitative use of children in prostitution or other unlawful sexual practices;</div><div align="justify"><br />
</div><div align="justify">(c) The exploitative use of children in pornographic performances and materials.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 35</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 36</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 37</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall ensure that:</div><div align="justify"><br />
</div><div align="justify">(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;</div><div align="justify"><br />
</div><div align="justify">(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;</div><div align="justify"><br />
</div><div align="justify">(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;</div><div align="justify"><br />
</div><div align="justify">(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 38</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.</div><div align="justify"><br />
</div><div align="justify">2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.</div><div align="justify"><br />
</div><div align="justify">3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.</div><div align="justify"><br />
</div><div align="justify">4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 39</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 40</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.</div><div align="justify"><br />
</div><div align="justify">2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:</div><div align="justify"><br />
</div><div align="justify">(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;</div><div align="justify"><br />
</div><div align="justify">(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:</div><div align="justify"><br />
</div><div align="justify">(i) To be presumed innocent until proven guilty according to law;</div><div align="justify"><br />
</div><div align="justify">(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;</div><div align="justify"><br />
</div><div align="justify">(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;</div><div align="justify"><br />
</div><div align="justify">(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;</div><div align="justify"><br />
</div><div align="justify">(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;</div><div align="justify"><br />
</div><div align="justify">(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;</div><div align="justify"><br />
</div><div align="justify">(vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:</div><div align="justify"><br />
</div><div align="justify">(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;</div><div align="justify"><br />
</div><div align="justify">(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.</div><div align="justify"><br />
</div><div align="justify">4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 41</u></strong></div><div align="justify"><br />
</div><div align="justify">Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:</div><div align="justify"><br />
</div><div align="justify">(a) The law of a State party; or</div><div align="justify"><br />
</div><div align="justify">(b) International law in force for that State.</div><div align="justify"><br />
</div><div align="justify">PART II</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 42</u></strong></div><div align="justify"><br />
</div><div align="justify">States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 43</u></strong></div><div align="justify"><br />
</div><div align="justify">1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.</div><div align="justify"><br />
</div><div align="justify">2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. (amendment)</div><div align="justify"><br />
</div><div align="justify">3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.</div><div align="justify"><br />
</div><div align="justify">4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.</div><div align="justify"><br />
</div><div align="justify">5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.</div><div align="justify"><br />
</div><div align="justify">6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting.</div><div align="justify"><br />
</div><div align="justify">7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.</div><div align="justify"><br />
</div><div align="justify">8. The Committee shall establish its own rules of procedure.</div><div align="justify"><br />
</div><div align="justify">9. The Committee shall elect its officers for a period of two years.</div><div align="justify"><br />
</div><div align="justify">10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.</div><div align="justify"><br />
</div><div align="justify">11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.</div><div align="justify"><br />
</div><div align="justify">12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 44</u></strong></div><div align="justify"><br />
</div><div align="justify">1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights:</div><div align="justify"><br />
</div><div align="justify">(a) Within two years of the entry into force of the Convention for the State Party concerned;</div><div align="justify"><br />
</div><div align="justify">(b) Thereafter every five years.</div><div align="justify"><br />
</div><div align="justify">2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.</div><div align="justify"><br />
</div><div align="justify">3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.</div><div align="justify"><br />
</div><div align="justify">4. The Committee may request from States Parties further information relevant to the implementation of the Convention.</div><div align="justify"><br />
</div><div align="justify">5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.</div><div align="justify"><br />
</div><div align="justify">6. States Parties shall make their reports widely available to the public in their own countries.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 45</u></strong></div><div align="justify"><br />
</div><div align="justify">In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:</div><div align="justify"><br />
</div><div align="justify">(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;</div><div align="justify"><br />
</div><div align="justify">(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications;</div><div align="justify"><br />
</div><div align="justify">(c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;</div><div align="justify"><br />
</div><div align="justify">(d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.</div><div align="justify"><br />
</div><div align="justify">PART III</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 46</u></strong></div><div align="justify"><br />
</div><div align="justify">The present Convention shall be open for signature by all States.</div><div align="justify"><u><br />
</u><div align="justify"><strong><u>Article 47</u></strong></div><div align="justify"><br />
</div><div align="justify">The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 48</u></strong></div><div align="justify"><br />
</div><div align="justify">The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 49</u></strong></div><div align="justify"><br />
</div><div align="justify">1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.</div><div align="justify"><br />
</div><div align="justify">2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 50</u></strong></div><div align="justify"><br />
</div><div align="justify">1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.</div><div align="justify"><br />
</div><div align="justify">2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.</div><div align="justify"><br />
</div><div align="justify">3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 51</u></strong></div><div align="justify"><br />
</div><div align="justify">1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.</div><div align="justify"><br />
</div><div align="justify">2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.</div><div align="justify"><br />
</div><div align="justify">3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 52</u></strong></div><div align="justify"><br />
</div><div align="justify">A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 53</u></strong></div><div align="justify"><br />
</div><div align="justify">The Secretary-General of the United Nations is designated as the depositary of the present Convention.</div><div align="justify"><br />
</div><div align="justify"><strong><u>Article 54</u></strong></div><div align="justify"><br />
</div><div align="justify">The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.</div><div align="justify"><br />
</div><div align="justify">IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed the present Convention.</div><div align="justify"><br />
</div><br />
</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-60509578004570545242010-09-08T11:00:00.000-07:002010-09-08T11:00:11.181-07:00What is Mission Justice? - the basicThis is not an NGO. It is a public movement for true freedom. It is based on ‘Quit India Movement’ and Non Violence. The Mission has four pillar ideas to change the society :<br />
<br />
<div style="text-align: justify;">1. <strong><u>Justice</u></strong> – Today the situation is that the wrong doer is in command. That is, he/she knows that the victim will have to wait for years, spend huge amount to get justice and probably after years he may not get that also, or may be compromise after being frustrated. Thus Justice is not guaranteed and is an illusion and injustice is the dominant most moments. Today, Judiciary has failed common man on many counts and the resistance shown in accountability is concerning. A wrong judgment, even if prima facie faulty is met only by harsh words of higher courts, but the sufferer is the litigant. Even the Apex Court and Many of the past Chief Justices and entire system of elevation is under question as on this date. The fear is there in the eyes of common man and even genuine PIL may stop coming to Courts on account of backlash from Judiciary on even technical grounds that no notice was given to the Government. </div><br />
<div style="text-align: justify;">To be honest, Justice as per preamble is the first right of sovereign citizens and duty of Government and Judiciary. It is Judiciary’s job to see that justice is done on time. The Judiciary must not wait for P.I.L. It is the Legal fraternity and Judiciary which must work and take up social causes as P.I.L. suo moto with help of legal fraternity. To do Justice is Judiciary Job and to get Justice and relief is right of every citizen. We believe that each state/Court must have a box where in P.I.L. complaints in short are put up, evaluated by legal fraternity members and genuine causes are taken up suo moto as P.I.L. The P.I.L. filing from public and cost thereof to common man must stop. To sum up – create fear of Court in minds of wrong doers. We the citizens are hear to enjoy the fruits of the process of Justice and not to turn and work on its wheels.</div><br />
<br />
<div style="text-align: justify;">2. <strong><u>R.T.I.</u></strong> – Right to Information if implemented in total spirit, without classifications from Judiciary and Government, will pull down curtains on the corrupt regime. Aided by proper anti corruption laws and enforcement mechanism the government can charge over to the corruption. Thus we need to strengthen the act and its implementation to the bottom and find means to curb frivolous Applications.</div><br />
<br />
<br />
3. <strong><u>Child Rights</u></strong> – The future of the Nation are children. Just imagine out of crores of children going without food, clothing and shelter and without implementation of rights, if a percentage turns terrorist or maoist, then what will happen to our children, economy and progress. We must protect the speechless or else future wont pardon us.<br />
<br />
<br />
<br />
4.<strong><u> Atma manthan</u></strong> – This means that we must decide to be active and must participate in all process. When we see wrong we must spare time to complain, we must vote, we must evaluate ourselves and at the same time must decide that we will not be a cause of pain to others. That is an example is that if I drive a car I must be careful not to cause any pain to the walkers. I must take care that no action or inaction on my part causes pain/hurt/grievance to others. A citizen must decide to give 4 hours of productive work to the nation and humanity. It may be the smallest initiative like watering the plants on common roads etc. But these 4 hours of selfless service to Nation and society will make a lot of difference.Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-91155735197438336872010-09-08T10:26:00.000-07:002010-09-08T10:26:16.301-07:00Notice to Bombay High Court CJ for disclosure of assets of Judges24.8.2010<br />
<br />
To,<br />
The Hon’ble the Chief Justice,<br />
Bombay High Court,<br />
Mumbai<br />
<br />
Respected Sir,<br />
<br />
Mission Justice is a people’s movement to bring quality and transparency in Indian Justice delivery system and also address all social issues towards strengthening democracy and rights.<br />
<br />
<div style="text-align: justify;">One of the objectives of Mission Justice is to keep and further enhance the prestige of justice system in India. In the near past, there have been sad instances, where the prestige of judicial system has been lowered by some of the members of judicial fraternity in India. To cite a few cases, for example, are Justice Dinakaran, Justice Nirmal Yadav, Justice Saumitra Sen. Even the ex-Chief Justice of India, Justice Balakrishnan is perceived to have left some unfavourable public impressions, specially related to some unrelated loose comments and non-implementation of RTI Act to CJI office.</div><br />
<div style="text-align: justify;">Mission Justice strongly believes that a vibrant and dynamic justice system, with is seen as “justice is done” and “judges are paragons of virtues and fairness” is essential in any democracy. Our’s is still a young and not-fully-matured democracy. We, the people of India, have extreme faith in judges and justice system. Barring a few exceptions, the justice system is considered as savior of our democracy. Other pillars of democracy, mainly legislature, executive and even press have let us down badly.</div><br />
Though, the justice system and most of the judges are considered as honest, savior, independent and reliable, we believe that to be keep this perception and tradition, live and active, some pro-active steps must be taken by higher judiciary. <br />
<br />
<br />
One of the steps is regular declaring the assets by all judges. <br />
<br />
<div style="text-align: justify;">The Supreme Court of India, by a Full Court decision in 2009, adopted a resolution by which all the Judges were required to make their assets public. After that, many High Courts, including Bombay High Court, resolved that their Judges would also declare their assets. Bombay High Court judges were among the first to unanimously adopt such a resolution. </div><br />
<div style="text-align: justify;">Within a few weeks of the above resolutions being adopted, Judges of Supreme Court and a number of High Courts including High Court of Kerala, High Court of Karnataka, High Court of Punjab and Haryana, High of Delhi, to name only few, actually made their assets public by displaying the information on each Court’s official website. However, Bombay High Court has yet to implement the resolution unanimously adopted by its Judges.</div><br />
<div style="text-align: justify;">Thus, in keeping the dictum of transparency in judicial system and “honesty of justice system”, we, the Mission Justice, request you, Sir, to pro-actively implement the resolution adopted to declare the assets of all judges to with the high traditions of Bombay High Court. Public faith and perception is the source of the respect and authority of our judiciary. This single step will create extreme goodwill for our judiciary in the eyes of the general public. </div><br />
<div style="text-align: justify;">On behalf of MISSION JUSTICE we assure maximum cooperation to the entire Judiciary in creating a better India and a better civilization. </div><br />
<br />
With highest regards,<br />
For Mission Justice<br />
Rakesh Mohan Goyal<br />
Joint ConvenerSiddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-61552001776714568892010-08-08T22:51:00.001-07:002010-08-08T22:51:43.980-07:00Slide show on Judiciary 0001We have prepared a slide show on judiciary covering all aspects which we could gather. There will be a followup. You must see this slide show and send it to as many as you can as we need to awaken 100 crore people. <br />
<br />
http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciarySiddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com1tag:blogger.com,1999:blog-7275543732249929438.post-15989626542331546022010-08-08T22:47:00.000-07:002010-08-08T22:47:57.977-07:00A letter for child rightsPlease find here below the letter issued by MISSION JUSTICE to concerned departments. Please take out print of the same and put a covering letter stating that you support the cause raised by us. I hope that atleast 10000 letters will reach the government and change will happen. I know an individual cannot make a change but atleast you can just send a letter for ensuring that your concerns are registered with concerned persons. HOPE that you will ensure that the voice of the common man like you and me is recognised.<br />
9th August,2010<br />
<br />
<br />
<br />
<br />
<br />
To,<br />
Hon’ble Smt. Pratibha Patil,<br />
President of India,<br />
Rashtrapati Bhawan, New Delhi – 110 004<br />
<br />
Hon’ble Shri Mohammad Hamid Ansari<br />
Vice President of India,<br />
Room No. 208, Parliament House Annexure,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Dr. Manmohan Singh,<br />
Prime Minister of India,<br />
Room NO. 152, South Block,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Mr. M. Veerappa Moily<br />
Ministry of Law and Justice,<br />
Room No. 402A,<br />
Wing Shastri B, <br />
New Delhi – 110 001<br />
<br />
Hon’ble Shri Kapil Sibal<br />
Ministry for Human Resource Development,<br />
Room No. 301, C wing, Shastri Bhavan,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Smt. Krishna Tirath <br />
Ministry of Women and Child Right Development<br />
Shastri Bhavan,<br />
New Delhi – 110 001<br />
<br />
Hon’ble Mr. Mukul Wasnik,<br />
Ministry of Social Justice & Empowerment<br />
Room No. 250, A wing, Shastri Bhawan,<br />
New Delhi – 110 001<br />
<br />
Respected Madam / Sir,<br />
<br />
<div style="text-align: justify;">This is to bring to your notice, that in 1992, more particularly on 19.11.1992, we the Nation have ratified articles and resolution passed and convention on the Rights of the Child more particularly adopted by General Assembly of the United Nations bearing Ref. No. A/RES/44/25 of 20-11-1989. Thereafter in 2005 we have passed an Act, The Commission for protection of Child Rights Act 2005, appointing child right commission to look into the matter relating to child rights.</div><br />
<div style="text-align: justify;">Under the said convention all the signatory Nations have assured international community that they shall be implementing the articles of the said convention and shall play role in improving condition of the children of their Nation. Under the convention members / signatory state parties were bound to implement the rights of the children and for the purpose of convenience we are not reproducing the same but putting the same by way of attachment to this letter. Attached herewith is the copy of the said Resolution of the Child Rights Convention.</div><br />
<div style="text-align: justify;">However, it has been seen that apart from appointment of commission to look into the said rights, we have done nothing to recognize or implement the said rights as guaranteed by us before international community. The entire articles have been attached herewith but certain facts needs to be highlighted which I am high lighting point by point: -</div><br />
<div style="text-align: justify;">1. It has been seen that divorce has become very predominant in this Nation. Under threat of penal consequences the child is handed to one party without access to the other and consent terms is filed thereof without considering the rights of the child. The Courts of law without application of mind and without going into details of the custody have been endorsing these Consent Terms making them officio functus. It is only the will, fancies and desire of the parents which are considered and the fundamental rights of the child is never looked into by the Hon’ble Courts of law. The Court rarely looks into the right of the child to be brought up by the best parent and with a right to have access to the other parent and other family members. No parent has a right to renounce his or her duty in favour of the spouse and if done, the same is illegal and against the rights of the child.</div><br />
<div style="text-align: justify;">2. The child of a very tender age does not know his/her rights and cannot decide is his/her welfare. It is duty of the Courts/ Legislature/ Parent and society to protect rights of the child, as well as to look into the welfare of the child and if need be the same has to be reviewed from time to time. Whenever a right is granted, a corresponding and equal responsibility is caste upon the state and also the judiciary to protect the same. The failure to do so by the state amounts to non fulfillment of requirement of a welfare state and non execution of the same by Courts amount to non adherence of duty cast upon a judge. Thus the state and judge becomes guilty of non performance of duty towards the child. </div><br />
<div style="text-align: justify;">3. When the custody is transferred upon divorce no merits about the welfare or rights of child is taken into consideration and/or reviewed and/or evaluated by Courts of law and it is only the dictate of the parents which is enforced upon the child. If welfare of the child is with the particular spouse, then it is right of child to have welfare enforced through the said parent and the parent has no right to transfer the said duty cast upon him/her to any other person including the other divorcee spouse. The Court must review whether the custody has been transferred out of negligence, neglect or by threat and/or force. However, the same is never done. This fact can easily be verified by undergoing various divorce decree passed by the Court situated in different parts of this country, as the divorce decree passed therein generally does not provide even a single reason as to why the child should be given in the custody of the particular parent. Thus the Courts have avoided Justice and are only adjudicating upon matters.</div><br />
<div style="text-align: justify;">4. The child has a right to know about not only parents but also the extended family from both parents and has right to love, affection and care of the extended family, more particularly grand parents. However, the same right is brutally violated even before the Courts of law and also at the hands of the police and law mechanism. This is in violation of Article 5 of the said convention. </div><br />
<div style="text-align: justify;">5. Article 3 of the said convention cast the responsibility of the state to ensure that the child gets such protection and care as is necessary for his or her well being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. However, Legislature has failed to pass any act or establish any procedure or Courts for such matters. If a letter is recorded, the Child Right Commission will direct the same to be taken up by the parent ( as per convention there is no need of parent only to be concerned about the child and it is the duty of the state) u/s 6 of Hindu Minority and Guardianship Act. Thus the state fails to discharge its function as laid down in the articles.</div><br />
<div style="text-align: justify;">6. Article 8 ensures that state shall respect the rights of the child to preserve its identity including nationality, name and family relations as recognized by law without lawful interference. However, today when the custody is transferred to the mother under gender biased laws like 498A and Domestic Violence under the threat of dire penal consequences, identity of that child is hijacked and child is deprived of the name and recognition of father. We have got substantial details of such children and it is prima facie evident that identity, names are being changed illegally and even the school and law in force aid such hijacking of the identity, which might lead the child to identity crises at a later stage in the life and same is also against the welfare of the child. Even the family Courts put very less or no weight to this aspect. When such hijacking of identity and identity crises is being created by one parent, the said parent is acting against the welfare of the child and in such cases the custody has to be transferred to the other parent unless it is proved that the same is against the interest of the child. Even if the welfare is equal then also the custody must be transferred from the parent who acts against the welfare of the child by hiding from the child the true identity and also depriving the child of the other parent and extended family as wrongdoer parent is guilty of murder / assault on the original identity of the child and violation of fundamental rights to life of the child and the said parent must be treated accordingly in law. It is today nothing but “legal terrorism” and apart from the spouse it is the child who is the victim of this terrorism and is an act of cruelty upon the child. </div><br />
<div style="text-align: justify;">7. Article 9 states that parties must respect the rights of the child who is separated from one or both parents to maintain personal relations and direct contact with both the parents on regular basis. However, in practical the same is never maintained and the Courts take their own sweet time and do not understand gravity of situation and at times show least interest as the same is not found in the statutes in operation in the Nation and International Law is beyond the understanding of Law and Judiciary of many occasion. Infact the reality is that if a judge avoids granting access to one of the parents and lingers the issue then he/she is even guilty of violation of rights of the child and/or aiding the same. Thus, the child goes unheard for years together. Unless a precedent is set holding a judge guilty (may not be punished but atleast must be put on remarks), the Judiciary will not expedite these matters. We wish that higher Judiciary suo moto takes up this issue and takes this stand in a very quick manner.</div><br />
<div style="text-align: justify;">8. Unless precedents with regard to violation of rights of the child against the violating parent and judge (who keeps such matters pending and fail to decide) is set, the child of this nation cannot be secure. Unless the future is secure all developments and growth is meaningless as it shows incapability of this Nation to honour international commitments, to act as a welfare state and also to protect the fundamental rights of the speechless children of the Nation. We expect that atleast some judge shall take suo moto action and shall dispose it as a landmark precedent with regard to rights and also the time frame in which it is decided.</div><br />
<div style="text-align: justify;">With this we request you to look into this aspect of the voice of voiceless i.e. children, who are the future of this Nation and necessary measures / steps be taken with regard to protecting the interest of these children. We call upon the state to implement the said rights and also other rights by codifying all the children laws in one enactment of “FAMILY, WOMEN AND CHILD PROTECTION ACT” and also transfer all criminal and civil provision in one single piece of legislation with regard to the family and child. </div><br />
<div style="text-align: justify;">We the NGO have legal resources and sound people, who understand the gravity of situation and are willing to assist Government in formulating right policy with regard to the child rights and extend our full cooperation. We look forward to the esteemed Judicial members to take up such causes suo moto as stated earlier and establish the rights immediately and we assure them to provide data or an example case immediately.</div><br />
Thanking you in anticipation.<br />
Yours truly,<br />
<br />
SIDDHARTH MURARKA<br />
Convener<br />
<br />
Copy to:<br />
1. Chief Justice of India<br />
2. Chief Justice Bombay High Court<br />
3. Chief Justice Calcutta High Court<br />
4. Chief Justice Madras High Court<br />
5. Chief Justice Delhi High Court<br />
6. Smt. Sonia Rajiv Gandhi<br />
Media, Other NGO, Public<br />
<br />
<br />
<br />
Encl : A/ASiddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com1tag:blogger.com,1999:blog-7275543732249929438.post-56587435269545492732010-06-24T03:42:00.000-07:002010-06-24T03:42:18.871-07:00The truth about Mumbai<div style="text-align: justify;">I am from Mumbai, a city which never sleeps. We are 2 crore people, who are treated like animals as we travel like "CATTLES" in "CATTLE CLASS" trains of Mumbai. We are used to now living under threat 24*7. Some day in evening we cant reach home as the motormen are on strike. The real game is not the grievences of the motormen, but the urge of the political parties to take control of the union. No one realises the pain a common man underwent in that 24 hours. No Court took suo moto action against the guilty. No minister showed unhappiness at the sufferings. What was there at end of the day was a pure political statement which was a mocekry of democracy. We suffered and they played dirty politics.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">My pain is not that of one day. Some day the Rickshaws go on strike and the Government quietly concedes to their illegitimate demand of a hike of 30% in fare. No one cared to ask us wether we have any complaints in the increase in the fare. The Common mans view was unimportant. We travel by rickshaw. They refuse to go as per our desires, but only allows us to sit when they feel that we are going their way. No one wears uniform, baddges. At times their legs function as signals and their meter is running faster that normal. If there is a hawaldar he may or may not take action against refusal to carry passengers on particular route. If we file a complaint we have to run to police chawkie and thats not possible. We all know and even the police knows that the meter is adjusted most of the times, the rickshaw is driven by a person who is not the owner of the rickshaw and the owner runs a fleet of rickshaw and may be a minister or minsiters relative or his khaas admi. The police knows that most autorickshaws refuse passengers, take extra fare from the airport. Still the Police and top officials are silent. Is it that they want to test are patience and when we start beating up the Rickshawwalas for refusing passengers, then only they will act. I would say that the Governemnt is indierctly signalling us to be violent and then when media will report, then they will set up a ministerial body to look into it and also will pass a BILL ( dont know how to implement existing laws). If the Union represents the drivers cause then they must also take up the blames.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">My story doesnt end, its just a beginning. Last two days the taxi guys were the culprits and the Unions and parties like Shiv Sena and MNS behind it and so also a powerful Congress leader. Again same story of political illwill and harrassment. Names published in papert and the CM has no guts to throw out his own minister and also sack the minister incharge of the transport system. Courts dont act suo moto..</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">The CM and the PM only make statement that the accused and guilty wont be spared. To come in limelight ministers of other portfolio also make statements. The law ministry will talk of new legilations. When the new law comes, it is used to frame innocent or to bail out guilty and nothing more. I have seen that even when someone is convicted in Bomb blast case like sanjay Dutt, he gets bail and is enjoying free world, whereas a common man if accused of a petty offence like having not put up name plate of his shop in Marathi, struggles to even be heard. The Courts have time to dispose of Disputes of two brothers and also mining cases which travels from lower to higher court to final disposal expediously, but a small investor who got deemed relief in MPID case still is struggling to see the Justice be his fate. What is more important AMBANI BANDHU MARAMARI or thousands of common men who has lost life long savings...???? Law is used to frame innocent and he has only two options, to get Justice destroying his entire life for decades or forget Justice.... That means he pays throughout his life in quest for Justice. The guilty seldomn get punished and the dons like Dawood rest in peace as they know that no one will dare to touch them as all will be in trouble if he exposes them including ministers, police and may be Judiciary..</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">When I go to Court or any government department, then I have to carry money for getting work done. In High Court departments also money works and many are taking bribes and maybe Judges know it. But no action. In Mumbai, on each station where policewala is there, pronography is marketed and the Police is in hand in gloves with all persons dealling in pirated movies, song and softwares. So the police in reality is a protection officer given to the illegal activity traders.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I can say oine thing, there is no incentive for truth. If the guilty files false statement, then Judges take it likely, but a small mistake of victim gives a right to acquittal to the guilty.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">In Mumbai, I saw 26/11 and followed by the home minister saying BAADE SHAHR MEIN CHOTE HADSE HOTE RAHTE HAI. He was removed only to calm me and take my votes and once that was done I again became a cattle to be ruled by the same home minister. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We all know the legacy of Sharad Pawar, Praful Patel, Raja, Rane, Mayawati, Arjun Singh, Mulayam Yadav, Sharad Pawar, Sibu Soren etc. We have seen them in a postion where action against is must, but still we maintain silence and the Government grants more power to them. Corruptions are alleged and then the proofs are burried. No one cares.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We know all ministers are growing wealthy and actual benifit of globalisation and progress is felt only when we consider their wealth. We all know that serious allegations have been levied against Raja, Mayawati, Rane, Pawar, Patel, Arjun Singh but still we cant do anything. The Government has been dividing us bit by bit on lines of religion, region, language, caste, reservation etc. etc. and still they claim that they have done a lot and publish it in a page ad in newspapers. They have no money to feed children who are living on streets and are of tender age of 2-4-6, but have money for putting up ads, hoardings, organising parties and functions, arranging security for ministers.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I do not understand the development in Mumbai. The Chief Minister decides that now he wants more FSI for say Hospitals and it is implemented. Oh.. lobby for MHADA.. increase FSI... what is the function of law then and where is the explaination on the basis of which action has been taken or is it discretionery.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I live in Mumbai.. You say you have law. I dont find any builder quoting carpet area rate and most ask for 50% or so in cash. Where is your petrolling on black money. Or is it that since the ministers are so corrupt that they cant even think of ending the parallel economy.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We have full faith in kanoon. What if all Policewala take hafta, what if the Poilce always traps innocent and leave culprits, what if it takes decades to get the matter heard, what if there are all the scams of Judiciary like Dinakaran, Nirmala Yadav, Gazibad scam, Ramaswamy, Somitra sen etc. etc... we still have faith in law and Justice will be done. This is not the statement of the innocent but the clupit, who knows that he will not be punished for years and even when done, the ratio of enjoyment of fruits for wrong done will outsmart the ration of the punishment...</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I stay in Mumbai, a city where my bag is checked 24*7 after any tragerdy and still i live in fear. where when I leave home, I say bye to my parents , as I do not know if and when I will return. A city where I may be beaten up for not knowing marathi and the government will do nothing for me but under their pressure will make registration of Birth compulsory in Marathi. I stay in Mumbai, where each office drains me financially. If I dont bribe I will pay in terms of distance travelling and time lost and conveyence. I stay in Mumbai, where overnight an illegal tenanment is ready and documents are there to trace it to ancestral property. I stay in Mumbai, where a BMC tsaff working 4-5 hours is paid several times more than a contract labourer in building making ( I call them bandua mazdoor). I stay in Mumbai where with money you can by anything and everything, where it appears that we have a right to speach, but dare not speak against Rane and Thackareys. I stay in Mumbai.. where I am a common man... but treated as Conman.. I stay in Mumbai</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Siddharth Murarka</div><div style="text-align: justify;">Advocate High Court</div><div style="text-align: justify;">Member of arbitration panel of FICCI</div><div style="text-align: justify;">Member of CFIB</div><div style="text-align: justify;"><a href="mailto:siddharthmurarka@gmail.com">siddharthmurarka@gmail.com</a></div><div style="text-align: justify;"><br />
</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-35425374698999187302010-05-01T07:49:00.000-07:002010-05-01T07:49:55.211-07:00JUDICIAL ACCOUNTABILITYVande Matram,<br />
<br />
<br />
We have prepared a slide show on Judiciary. Our intention is to speed up the process of Justice and remove all ineffeciencies and lacunas in Judiciary.<br />
<br />
<div style="text-align: justify;">Sending the link (at bottom) to you. This is 69 slides and display will take 30 minutes. Please send it accross to all NGO, activist volunteers across the nation. No activist/NGO/group be left unturned or not approached. put this up on as many sites and blogs as you can... contact as much media as you can... this is new quit india movement which will be in few phases, to irradicate all ills... we will do many more such slides etc.... with support of you all and masses at large..</div><br />
<div style="text-align: justify;">We plan to make 5th to 9th a four day period where this slide show is displayed by all NGO/ groups to groups of 30-40 ppl each accross the nation AND MAY BE AT A GIVEN POINT OF TIME THERE MAY BE 100 GROUPS DISCUSSING THIS ISSUE....</div><br />
<div style="text-align: justify;">We want all to conduct and have live debates and opinion. once the program of any group/NGO is finalised email: <strong>missionjustice@ymail.com</strong> to enable us to give press release. then send pics of the function for press release and then final closure on 10th. with press release of all the activities done.... ideas collected.. opinions... signatures... campaigns etc...</div><br />
<div style="text-align: justify;">Bal Ganghadar Tilak " Swaraj is my birthright and I shall have it". We say " Justice is our birth and fundamental right and access to the system for the same is a bigger right and to have the best judicial system is a common right - lets have it".</div><br />
<div style="text-align: justify;">A man alone cannot do anything. But if we all contribute to make things better may be after 4-5 years things will be totally different and you and next generations will enjoy the fruits of the same... Dont wait for your friends and neighbours but start it today and right now... "A MISSION FOR YOUR NATION BY AN ARMY OF UNARMED PEOPLE WITHOUT VIOLENCE". Be a soldier of this nation. Time has given you an opportunity to do something for the nation and dont let it go in vain..</div><br />
Link<br />
<a href="http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciary">http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciary</a>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-84328944966795631172010-02-10T02:04:00.000-08:002010-02-10T02:05:56.934-08:00RTI Application no MJC/APPL/0210-05 by Mission Justice<span style="font-family: arial;">RTI Application to the Central Public Information Officer, Supreme Court of India, reference number MJC/APPL/0210-05 dated 03/02/2010, posted on 08/02/2010</span><br /><br /><span style="font-family: arial;">Questions asked -</span><br /><br /><span style="font-family: arial;">a. From your records please give me details of expenses incurred on air travel of all Supreme Court judges for the period; details of accommodation and expenses on these accommodations for the period; and other benefits taken/availed by various judges and family members. This information is required Judge-wise and year-wise. </span><br /><br /><span style="font-family: arial;">b. From your records please give me details of how many people met the Chief Justice of India during this period in his chamber. </span><br /><br /><span style="font-family: arial;">c. Do you maintain a system of any register for visitors OR any other system of permission and visits with regard to CJI. Please provide me the details of these log entries.</span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-41436554664297477632010-02-10T02:01:00.000-08:002010-02-10T02:03:52.940-08:00RTI Application no MJC/APPL/0210-04 by Mission Justice<span style="font-family: arial;">RTI Application to the Central Public Information Officer, Supreme Court of India, reference number MJC/APPL/0210-04 dated 03/02/2010, posted on 08/02/2010</span><br /><br /><span style="font-family: arial;">Questions asked -</span><br /><br /><span style="font-family: arial;">a. From your records please give me details of Press Briefings made by Chief Justice of India.</span><br /><br /><span style="font-family: arial;">b. From your records please give me details of Press Releases made by Chief Justice of India or his/her office.</span><br /><br /><span style="font-family: arial;">c. From your records please give me details of correspondence between CBI (Central Bureau of Investigations) and Chief Justice of India with regards to investigation against Judges.</span><br /><br /><span style="font-family: arial;">d. From your records please give me copies of complaints received against any Judge in last 3 years with details of action taken thereon and with all correspondence.</span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-49792858915745639542010-02-10T01:59:00.000-08:002010-02-10T02:01:35.249-08:00RTI Application no MJC/APPL/0210-03 by Mission Justice<span style="font-family: arial;">RTI Application to the Central Public Information Officer, Supreme Court of India, reference number MJC/APPL/0210-03 dated 03/02/2010, posted on 08/02/2010</span><br /><br /><span style="font-family: arial;">Questions asked -</span><br /><br /><span style="font-family: arial;">a. From your records please provide me – Whether Chief Justice of India is aware of resolutions passed by Conference of Judges since 1990.</span><br /><br /><span style="font-family: arial;">b. From your records please provide me – Are the copies of all these resolutions available? If yes, please provide copies of these resolutions, whichever are available.</span><br /><br /><span style="font-family: arial;">c. From your records please provide me – Whether CJI and other judges are binded by these resolutions?</span><br /><br /><span style="font-family: arial;">d. From your records please provide me – If these resolutions are not implemented, where to file complaint? Please provide full name, designation, postal address, email and phone numbers of the person and/or authority, authorized to file complaint.</span><br /><br /><span style="font-family: arial;">e. From your records please provide me – What is the salary, allowances and other perks, including and not limited to encashment of various benefits, leaves, indirect benefits of Chief Justice of India for each financial year 31 March of 2007, 2008 and 2009.</span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-5713332771380819962010-02-10T01:55:00.000-08:002010-02-10T01:58:55.226-08:00RTI Application no MJC/APPL/0210-02 by Mission Justice<span style="font-family: arial;">RTI Application to the Central Public Information Officer, Supreme Court of India, reference number MJC/APPL/0210-02 dated 03/02/2010, posted on 08/02/2010</span><br /><br /><span style="font-family: arial;">Questions asked -</span><br /><br /><span style="font-family: arial;">a. From your records please provide me – How many reviews are filed in since 01/01/2007 monthwise.</span><br /><br /><span style="font-family: arial;">b. From your records please provide me – How many reviews have been disposed by Chief Justice of India.</span><br /><br /><span style="font-family: arial;">c. From your records please provide me – What is the court fee for a review.</span><br /><br /><span style="font-family: arial;">d. From your records please provide me – How a reviews is decided? Please give the detailed process to decide a review? </span><br /><br /><span style="font-family: arial;">e. From your records please provide me – In how many reviews, hearing has been given? </span><br /><span style="font-family: arial;">In how many reviews, any review grounds are dealt with and whether reasoned orders were passed. </span><br /><br /><span style="font-family: arial;">Please provide date-wise (a) number of total reviews decided, (b) number of reviews, where hearing was given; (c) number of reviews, where review grounds dealt-with and; (d) number of reviews, where reasoned orders passed. </span>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-18993064992703798172010-02-09T23:32:00.001-08:002010-02-10T01:54:57.395-08:00RTI Application no MJC/APPL/0210-01 by Mission Justice<div style="font-family: arial;" id="yiv1425875826"><div>RTI Application to the Central Public Information Officer, Ministry of Law & Justice, Government of India, reference number MJC/APPL/0210-01 dated 03/02/2010, posted on 08/02/2010<br /><span class="203463407-10022010"><br /><br />Questions asked -<br /><br /></span></div><span class="203463407-10022010">a. From your records please provide me as to how many conventions of judges have been held during the period with details of venue and details of attendance.<br /><br />b. From your records please provide details of expenses incurred on each convention OF Judges of Supreme Court and High Courts, details of convention in India and abroad. The information should be convention-wise and for each convention judge-wise, if available.<br /><br />c. From your records please provide minutes and schedule of program of each convention.<br /><br />d. From your record please provide details and copies of resolutions passed in each convention.<br /><br />e. From your record please provide details of implementation of the resolutions in details.</span><span>.<br /><br /></span></div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7275543732249929438.post-50110901201625392692010-02-08T06:51:00.000-08:002010-02-08T06:51:07.254-08:00WHY MISSION JUSTICE?Vande Matram<br />
<br />
<div style="text-align: justify;"><br />
</div><div style="text-align: justify;"><strong>President Jimmy Carter said in 1978 at the Law Day proclamation "The Law is not the private property of lawyers, not is justice the exclusive province of judges and juries. In the final analysis, true justice is not a matter of Courts and law books, but a commitment in each of us to liberty and to mutual respect".</strong></div><br />
<div style="text-align: justify;">Unfortunately, today, neither the lawyers nor the Government nor the Judiciary has the guts to commit liberty and Justice to all. The Judiciary and the Government is involved either in blame games or in conducting seminars, conferences and commissions to look into the aspects of Justice dilevery system but with no implementation of earlier resolutions, which has been made at conventions and seminars at the expences of tax payers monies. The Government has gone to the international community to sign treaties of upholding rights with intention of not to implement it and just show implementation of the same on paper. The expences on Judiciary, police and on various bodies eats up most rather almost all of the tax payments and the resources are not even 20% provided to common man. Important matters like MPID case and constitutional validity of assignment of debt are in cold storages and big brother fights like Reliance are heard with full patience. The common mans patience is running out and the example of the same is todays attack on Rathod by a youth and this is just a sign of things to come in the future. We must also remember that with time the judicial system has decade and parallelly naxalites and crimes have increased almost proportionately. The only courage the Judicary and government has is to accept that Judiciary and Judicial system have failed the people. Infact there was some ray of hope through RTI but with the kind blessings of his Lordship the shenshah of Judiciary Mr. CJI, that ray of hope is dwindelling. The room to know truth about Madras Court Judge or Mr. Dinakaran or Nirmala Yadav seems to have faded.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">A weak Judiciary is the strength of a powerful government. This is what this Government has done and by not being firm on corruption in judiciary issues hints are that there is a shakehand which is being offered by the Government to the Judiciary. Thankfully, we have Judges like A.P. SHAH, SHYLENDRA KUMAR AND BHATT, but have lost Justice Bilal Nazki( retired). Patience is running out and history has proved that when people loose hope in government and Justice, Civil wars are fought on each corner and lane of the country....</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">MISSION JUSTICE calls all the brave men and women, who can sacrifice their lives to fight for justice. By this we may be able to save the civil war knocking at our doors.... We may have a mountainous task on taking on the powerful government ( with weak opposition) and powerful corrupt people who will not like us to be there. We will put up a faceless fight... A fight where if you arrest one, 10 will be there to court arrest..... time has come that we do not let money be wasted on committees and commision, but first force and compel implementation of each and every good resolution passed earlier and who ever has violated the resolution, however powerful or big he may be must step down, or must face the masses who will protest and will not givein but all this with Ahimsa and satyagrah....</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Revolt from heart, without arms and prove that truth must prevail and show the world that we are real soveriegns..... </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Jai Hind</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Siddharth Murarka</div><div style="text-align: justify;"><br />
</div>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com1tag:blogger.com,1999:blog-7275543732249929438.post-57852290535548482922010-01-02T06:16:00.000-08:002010-08-08T22:35:50.831-07:00What is Mission Justice all about<strong> AGENDA</strong><br />
<br />
<div style="text-align: justify;">1. To initiate a process whereby the work of all NGO is synergised and become more result oriented. This is to try and aviod overlaping of work by NGO in the same cause. This will save time and help enhance performance.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">2. To chalk out stratergy for fight to achieve a clean and pure Judicial process and system. This will reduce the burden on all NGOs as the hurdles in justice will be removed.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">3. To chalk out ways to see that not a single child is deprived of its right, even if it means going against the establishment.<br />
<br />
3. To ensure that we have a comprehensive law ( not scattered) with no gender/caste/ religion or even post/chair biasedness.<br />
<br />
4. To ensure that the devil "CORRUPTION" is reduced and killed.<br />
<br />
5. To ensure that the rights guranateed becomes the responsibility of the state and the judiciary and the common man is not burdened with the work of planning and doing governance.<br />
<br />
6. To chalk out action plan where by all NGOs can utilize the facilities, expertise of aother NGOs and achieve social objective with ease.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">7. To take up all major issues on a single platform and try to put in joint effort with pooled resources, so as to get better and faster outcome.</div><div style="text-align: justify;"><br />
8. To chalk out frame work of constituting legal panel for all legal measures initiated by the NGOs. The Advocates/Law students from across the nation can join and pool their best resources at affordable prices.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">9. To plan satyagrah or any other methods to presurise the government and/or Justice system so that people get Justice speedily and there is accountability and transperancy in all law enforcement and administrative agencies and systems.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">10. To train people and make them aware of basic law, so that they are not at the mercy of lawyers and Advocates for small things.</div><div style="text-align: justify;"><br />
We propose that MISSION JUSTICE must remain a motive of all NGOs and should not be converted into yet another NGO. All the problems in society are caused because of injustice , which has to be irradicated by joint effort of the masses at large. This will be a pooled effort of all NGOs. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We propose that if possible, we will setup a legal aid cell, so as to help members address their difficulties in court of law. The service will be free or at reasonable rates, which will be decided and circulated between all the NGOs who inturn can circulate it to their own members.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We propose that if possible whatever facilities can be created by all resources for the benifit of the masses, the same shall be considered. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We propose that the meeting will be held once a month for MISSION JUSTICE for all its chapters accross the Nation and the minutes be send to head office at Mumbai. All representations to Governments will be made jointly and severally, with each NGO being made party to the same.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We invite all NGO's, People with desire to contribute to the society, the youth including college students and law students to join the movement. This movement is for the people and by the people and not by any special person or NGO.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Please send us the following details for membership</div><div style="text-align: justify;">1. Name, address and Phone No. ( If NGO the name of the contact person(s))</div><div style="text-align: justify;">2. The manner in which you can help in growth of the Nation </div><div style="text-align: justify;">3. Your strenght and No. of members in the group. ( for instance some have man power, some have money, some have contacts).</div><div style="text-align: justify;">4. Place and State</div><div style="text-align: justify;">5. Consent to work 4 hours a week for the Nation</div><div style="text-align: justify;"> </div><div style="text-align: justify;">We will be happy that people form a committee in their own cities on this line and be affiliated to us. The more the mass movement the better and faster is the result.</div><br />
We repeat the "QUIT INDIA MOVEMENT" which is a faceless but agenda oriented fight.<br />
VANDE MATRAMSiddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com1tag:blogger.com,1999:blog-7275543732249929438.post-53128842413033285582009-12-25T01:15:00.000-08:002009-12-25T01:15:34.977-08:00DO WE WANT TO UNITE AND FIGHT USING SATYAGRAHI have already circulated you all a draft of submissions on how powerful an individual is in this country. I have shown where Justice stands and how the implementation of Justice will automatically bring everything in line. I have already requested for satyagrah like Gandhiji did. I am just trying to put accross one thing, that is, we must have Justice system in place and Justice must never be delayed or denied.<br />
<br />
<br />
If this is implemented, I am sure most of the NGO's will have succeeded in their mission. All the movements evolve around just this sole concept. If injustice is removed, the mission is complete. I had also requested that the movement be lead by and all the great leaders of various movements. I think Mr. Goel had also sent emails to all with same intention. Let us unite and do something worthwhile... This will not be a NGO but our united mission .. our unite aim .. our united demand..<br />
<br />
We all are aware of Ayushi case, Nitish Katra case and now Ruchika case. We know Justice Dinkaran and all the great Judicial members. I can assure you one thing that if Injustice is not removed, the Judicial system is not cleaned, then eaither we will have our daughters/sons suiciding like Ruchika, or murdered like Nitish. May be some victims may forget civilisation and be maoist. May be our family may be victim of cross firing between the maoist and the police.... I hope you all are not waiting for that to happen...<br />
<br />
I ask myself what if I was the father of Ruchika, what would I expect from the people at large. The same expectaion he must be having from us and we need to rise to it.<br />
<br />
26/11, there was a attack on Mumbai. All the NGO and society as a whole came on the street and protested. The result was good with CM gone. But we made our fire die down. Today again the blood is boiling and we again need to unite and stage a protest, like we did after 26/11, but this time not only Mumbai, but the nation should do it. From 22.1.2010, we must all do non - violaent, peaceful satyagrah and hunger strike to bring the entire government and Judiciary to think about our "RIGHT TO JUSTICE".<br />
<br />
I must tell you that you are not a servant or a begger, but a sovereign, which means a king. But today these instances prove that you are a slave of the injustice system and you keep running door to door, at the instanvce of unjust, with mouth tight shut and hands folded. Would you like your children to live even worse than this or want to have a good society for your children.<br />
<br />
By this fight, you are not fighting for others, but for your family and friends, which also otherwise you do, but in slavery and with heads down and hands folded.<br />
<br />
Please think about it. If many agree then we can have a meeting on 3.1.2010 at a suitable place. Those outside Mumbai may organise at the local level. Then we can decide our agenda and take further action.<br />
<br />
Please circulate it to as many as you can immediately. Use orkut, facebook, twitter or anything but be clear and fast inaction.<br />
<br />
Those who want to be part of this mission may add themselves on the blog and put their comments.Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com2tag:blogger.com,1999:blog-7275543732249929438.post-92155145956646767952009-12-25T00:54:00.000-08:002009-12-26T07:37:17.696-08:00YOU ARE THE KING - RISE TO FIGHT YOUR OWN RIGHTS<strong> PREAMBLE OF INDIA</strong><br />
<br />
<br />
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: <br />
<br />
<strong>JUSTICE</strong>, social, economic and political;<br />
<br />
<strong>LIBERTY</strong> of thought, expression, belief, faith and worship; <br />
<br />
<strong>EQUALITY</strong> of status and of opportunity; <br />
<br />
and to promote among them all<br />
<br />
<strong>FRATERNITY</strong> assuring the dignity of the individual and the unity and integrity of the Nation; <br />
<br />
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION<br />
<br />
Purpose of Having a Preamble:<br />
The Preamble to our Constitution serves two purposes: -<br />
A) It indicates the source from which the Constitution derives its authority;<br />
B) It also states the objects, which the Constitution seeks to establish and promote. <br />
<br />
<div style="text-align: justify;">The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."<br />
</div><br />
<div style="text-align: justify;">The Keynote of the Preamble was to emphasize the positive aspect, “the unity of the Nation”, as much as the “dignity of the individual”. “Dignity” was a work of moral and spiritual import: it implied an obligation on the part of the Union to respect the personality of the citizen and to create condition in which every citizen would be a sovereign in himself and will cherish and fulfill his desire of self-fulfillments and self-satisfaction<br />
</div><br />
<div style="text-align: justify;">It must be noted that the Supreme Court may have power to strike down a legislation as unconstitutional, but still it derives its powers from the Constitution. If one reads the source of the Constitution, it starts with a declaration “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in a Sovereign…..”. Thus, it is not the Court, the CJI, the PM, the President who has declared the Constitution, but it is we, the sovereign citizens, the people of this Nation, who in exercise of their powers, have declared this nation as a Sovereign, Socialist, Secular, Democratic, Republic. All others including the CJI, PM, CM, MP, MLA, PRESIDENT are under this constitution and not over it. It is we, who have ourselves decided to subject our own selves to the Judiciary and law. This does not mean that we have empowered any one to be a Constitutional Authority, and those who claim so, are living in the world of illusions, and must be shown the mirror of truth. Truth is painful and bitter for one or a handful, but gives peace of mind to all, as we feel save under the umbrella of truth and are sure that our dignity and life will not be snatched.<br />
</div><br />
<div style="text-align: justify;">We have put Justice before liberty and equality. This is because the drafters were well conscious that unless there is Justice, liberty is meaningless and would not survive for truth but will be a weapon of destruction. They were sure that once Justice and liberty is there, equality will blossom automatically, as Justice is the seed, Liberty is the tree and equality is the flower of the tree. Naturally, last but not least fraternity is the sweet and cherished fruit of this tree.<br />
</div><br />
<div style="text-align: justify;">This is to remind you all and myself that we have forgotten who we are. We have forgotten the best gift we got at the time of independence and have started living the life of slaves of our own “PUBLIC SERVANTS”. This is to remind you that you were born free, born independent, born with right of Justice first followed by liberty, equality and Fraternity. <br />
</div><br />
<div style="text-align: justify;">Please rise tomorrow and remind your self of this preamble and remind your mind and soul that you are the person who controls everything, you are a sovereign citizen, and have a right to Justice and no one can stop you. If the person claims to be too powerful, then go back to the preamble and read the message to him and yourself also, “WE THE PEOPLE........”, calling us to unite and fight, and enjoy the services of our “RESPECTED AND HONOURED PUBLIC SERVANTS” and not be subjected to them.<br />
</div><br />
JAI HIND……..<br />
<br />
Prepared by SIDDHARTH MURARKA advocate High court <br />
m - 09324175771<br />
email : <a href="mailto:siddharthmurarka@gmail.com">siddharthmurarka@gmail.com</a>Siddharth Murarkahttp://www.blogger.com/profile/17691817844512942710noreply@blogger.com0