Supremt court declares Section 66A of the Information Technology Act 2000 as amended in 2008 as invalid.

Problems with the recents events relating to Section 66A of IT Act
Section 66A was recently declared vague in its entirety and quashed down by Honorable Supreme court in WRIT PETITION (CRIMINAL) NO.167 OF 2012 filed by Shreya Singhal a law student and other similar petitions. So lets ask what is Section 66A and why the Supreme court exercised its special powers to quash a section of an act of parliament.

Rise of over 350 % in crimes

The Information Technology Act 2000  is an Act of the Indian Parliament (No 21 of 2000) notified on October 17, 2000. this act was further amended in 2008. Section 66A was added in 2008. The basic act was to provide legal status to ever increasing use of information technology and issues arising because of it.
few of the issues it addressed were Legal recognition of electronic documents,Legal Recognition of digital signatures,Offenses and contraventions,Justice dispensation systems for cyber crimes.validation of e-contracts.

“66-A. Punishment for sending offensive messages through communication service, etc.

—Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly

offensive or has menacing character; or

(b) any information which he knows to

be false, but for the purpose of causing

annoyance, inconvenience, danger,

obstruction, insult, injury, criminal

intimidation, enmity, hatred or ill will,

persistently by making use of such

computer resource or a communication

device; or

(c) any electronic mail or electronic mail

message for the purpose of causing

annoyance or inconvenience or to

deceive or to mislead the addressee or

recipient about the origin of such

messages,

shall be punishable with imprisonment for a term

which may extend to three years and with fine.

Explanation.— For the purposes of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.”

The Preamble of the Constitution of India inter alia speaks of liberty of thought, expression, belief, faith and worship. It also says that India is a sovereign democratic republic. It cannot be overemphasized that when it comes to democracy, liberty of thought and expression is a cardinal value that is of paramount significance under our constitutional scheme.

Now the question raised was vagueness in handling the complaints to police which were redressed by stating that a police officer of certain rank would only handle this cases. But the effect of many arrests of simple civil persons just criticizing certains events of politicians and high power people who won't take criticism in a right way.

So short the section is declared null, that means it doesn't have any legal standing right now.

But after studying the supreme court case order in detail, I think it will be a matter of time before our government is going to find out another method to exercise its power under article 19(2)
Article 19(1)(a) of the Constitution of India states as follows:
“Article 19. Protection of certain rights regarding freedom of speech, etc.—(1) All
citizens shall have the right—
(a) to freedom of speech and expression;”
 Article 19(2) states:
“Article 19. Protection of certain rights regarding freedom of speech, etc.—(2) Nothing in
sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State
from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of
the State, friendly relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence.”

 The reason this verdict  is not going to withstand is that whole petition is based on arrest of a few people that was publicised because of overactive social media and some media houses. Some other arrests of religious fanatics and sexual offenders were also done through this section.The only thing which I believe other then the vagueness of "offensive" and its definition, the process of application of section was left in the hands of policemen , there lies the real problem, see that police is state body whose job is to maintain law and order , law and order as defined as the government in power at a particular time.

Two examples Arvind Kejriwal was beaten down by the same police before his party came into power, and other one Baba Ramdev was also beaten by the same police before change of government, so the right or wrong is decided by the the chosen government at the time and government is elected representatives and favours.

Above images from various media sources available from internet states the general public perception.

The media portrayed a particular image of Section 66A as instrument of censorship, and Honorable supreme court bought it.

It is welcome decision but it provides government to issue another amendment to exercise powers under Article 19(2)
Section 66A was not wrong but it use or say misuse was wrong , the handling of powers by police and administration needs to change with times , but that is going to be a slow process, so meanwhile Supreme court has given citizens a safety.




The problem lies in application of section 66A or any other similar section or acts, and that process improves itself through participation of general public at large and it's member who become part of government machinery. Lets see that the government tried to modify the process that complaint won't be registered before approval of officer of DCP rank in urban and rural areas and IG in metros. These methods are susceptible to fail.
If interested in the view of Supreme Court while giving its order Supreme court order
Lets hope government find a effective method to exercise its power without interfering with individual citizens right.
  

Effects of course of action Nirbhaya rape case delhi 2012 and Dimapur Nagaland Lynching 2015

Earlier I was trying to write a short story, it would have been the first one,anyways, while making tea yesterday , contemplating various actions to be taken in life, choosing between two variables may be this or that , to go with x or y, a or b, should I go with this option or that one ,or to not go at all, or as Shakespeare said "to be or not to be" to do or not do, these events caught my attention, with a time gap between them but mind is such a machine which can go and process multiple algorithm at the same time, any time. Now coming to, what is the topic, it is timing and events and course of action taken by my beloved country ,and of course it's people or as described in my other post, WE THE PEOPLE of INDIA, earlier events were related to rape of a girl of Delhi, otherwise known as #Nirbahya (fearless) case Delhi gang rape 16 dec 2012,Indian laws prohibit publishing name of victims and juveniles accused, not going into details here. and the other event which was 2015 #Dimapur mob #lynching, referring to the case of mob lynching that took place in Dimapur, Nagaland in India, on 5 March 2015 and BBC documentary #India's daughter on the Delhi rape case.

At the time of Delhi rape case I had just written my civil service main in october 2012 , and in december I was with my friend at Ajmer who was doing his MSC in medical microbiology from JLN medical college, me at that point was deeply interested in reading newspaper and magazine for my preparation and understanding the scenario and UPSC's emphasis on problem solving approach, after studying the constitution of India, had just completed PG diploma in criminology and forensic science, I thought it is going to be big event for India, and the event did multiple effects, some short term and some long term. Nirbhaya case waked a new power centre THE PEOPLE.

Effects of Nirbhaya Delhi Gang rape case 2012

And now talking about the other case, Nagaland Dimapur Lynching case of march 2015 , whole of the above chart process doesn't arise , but instead people took justice in their own hand, thinking in their own mind that they are right, this blogpost is not about what is right or wrong but more concerned with analysing, deducing  for pure personal standpoint, what can I do, what is my stand point of view.because after seeing people beating a nude man, bringing him out of central jail, many emotions evoke,most was of fear, sensing are we progressing or regressing. Many youngster may also have the same question for themselves, for them from my limited experience , asking and framing right question for oneself is most important, not following mob mentality simply.And remember 'no question is wrong answers can be'. In Nagaland case, people, as the news coming now, were politically motivated and  that to of sect based, killed a person who now seems to be innocent , coming from army family background and taking selfies with dead body, amazing that selfie may have been. A person sitting nude on rooftop considers himself special, in ignorance only, he senses people are liking him but alas they are shocked and amused by him, just like some politician making worthless, nonsensical comments and speeches.

People taking person out jail,Nagaland

If people of Delhi and other cities behaved in such manner in response to Delhi rape ,above chart outcomes would not have arisen. All the protestors were having the same anger frustration, shame, guilt but they choose to make amend of the system through democratic process.Killing a person is not the solution , we are the largest democracy, only 7 decades old, we have everything in right place, we will have to find solutions in the just manner , if history is taught to students , they should be asked difference between the two events, even USA the america had similar problems in the starting of their democracy, lynching was also the method used there, some 3 centuries back but they overcome each and every problem through democratic process.Today with a new government in power , the erstwhile party in power is now sidelined, this whole process, might seem chaos, but there is process, and as human beings we have the power to choose , the free will.What did the people of Dimapur Nagaland who take part in lynching got , well answers are clear but they themselves have to ponder over it.Statement of Dimapur SP was that mob wore dress of students, so they couldn't fire.Collective guilt is very strenuous thing, imagine plight of people of Afghanistan, Pakistan,North Korea,China and Russia who just witness silently to evil deed of few people. 

Psychology relation of a event and its effects

And standing by or closing your eyes is even worse, world is not bad because of bad persons but because of good persons not taking action.Any event good or bad cause effects on everyone, rather victim, preparator and bystanders, bystanders can choose their course of action "FREE WILL" Get out of your shortcomings and think on brighter better side and be part of a better society by acting your small part. Do write what you just thought in comments otherwise thought would be gone in few minutes.

@LIFE #Effects of course of action #Nirbhaya case and #Dimapur http://t.co/6m0HujA7gj pic.twitter.com/MLTaevBxnx

— Karam Veer (@dr_karamveer) March 21, 2015

Movie NH 10 review

NH 10 review, classic haryanavi joke "Tau ye sadak kithe jayegi , ya na jayegi tan hi jana padega "Uncle where this road will go , road is not going anywhere,You will have to go." A simple weekend gateway for aworking couple of Gurgaon , turned honor killing witnes episode. It is clear from beginning, it is less of a movie but more of a statement , a statement of a befitting reply by actress Anuskha to all the shit happening in India in the name of love ,honor killing , gender bias.
There is one Policeman Sub Inspector beniwal ,aptly describing , Madam constitution and democracy stops having meaning, at last of the malls on Gurgaon. That is  NH 10.

Poster of NH 10

Triangle of  psychology

Director Navdeep Singh gives no chance to anyone to favor rather the propagators of honor killing a whole family, mother and Sarpanch Deepti Naval ,elected head of village, his son Darshan Kumaar , her brother Ravi Jhankal or the hero heroine of movie. It is also good example of scapegoating ,Any brutual event will have effects of negative intent on everyone involved.

Movies starts with bias of society at large, Anushka is seen as giving presentation of sales of  hygiene products for female , making a point that name of product has to be simple for children as they are made to buy it in rural area, after receiving praise from boss, one co worker points out insight of female having it easy with their bosses , to which she replies that it is an observation not insight , which he might not have been taught at IIM. Anushka's boyfriend Neil Bhoopalam proposes go out for weekend , for celebrating her birthday mean while a road incident made them have a licensed gun for Anushka.

As the couple moves on NH 10 which is National highway 10, Neil ask about few closed lanes on Toll , to which tollperson replies , few hooligans shot the toll person for asking toll. Yeah , now we know , this is Haryana, typical land having excellent cultural background but for all the wrong reasons in recent times.

what are you upto Anushka

Is this got NH 10 A certificate

Stopping for food at roadside eatery "dhaba" in the toilet Anushka sees रण्डी (Randi) written on wall of toilet , which she takes time to rub off, now the real story starts , they witness a group of persons beating a couple , which our hero tries to get into, got simple reply "meri behan hai" she is my sister, Neil didn't let go despite protests of Anuskha, Neil chases and witness honor killing of the couple , lots of beating , curses happens ,scene includes policeman , village Sarpanch, no more story from here , go and watch for yourself, this is a excellent film ,and  no other movies right now , so watch it.

And one thing except for one or two curses there is nothing which justifies A certificate, no sex scenes, a  swimming bikini scene or may be because of killing scenes , but they are not violent. What are you doing censor board.A link about all the things that happened about NH 10 http://www.hindustantimes.com/bollywood/scathing-review-for-censor-board-filmmaker-accuses-it-of-tyranny/article1-1325577.aspx. Like the BBC document on Nirbhaya rape case documentary banning by Indian government , censor will also not let us watch the reality as it is and may be learn a few things.



Watch out for Anushka she is damn good about giving it back, and by the way for your information  Indian supreme court puts honor killing ,in same bracket of terrorism, rarest of rare, capital punishment, punishable by death.Thanks and if give a damn about this review don't just think it write it in comments.

Review of fNH 10 Movie of Anushka sharma http://t.co/zAZ5kKJHhW
— Karam Veer (@dr_karamveer) March 14, 2015

What is the need of (Right to Information) RTI Act,

What is this RTI act, In most simple word it is practical extension to rights's available for citizens of India for a more wholesome approach towards their involvement in their government and specifically Right to Information.

Many theorist describe Indian Government as quasi federal parliamentary democracy.The Constitution follows parliamentary system of government and the executive is directly accountable to the legislature.

Where does this legislature derive it's power from, it is the people of India.There is written preamble with constitution which clearly states

'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:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.'

Preamble of India 

The Preamble reflects the philosophy as well as fundamental values of Indian Constitution. It clarifies many important aspects, foremost is that It mentions that the Constitution derives its Authority from the people of India,The enacting words, "We, the people of India ...in our constituent assembly ...do here by adopt, enact and give to ourselves this constitution", signify the democratic principle that power is ultimately rested in the hands of the people. It also emphasize that the constitution is made by and for the Indian people and not given to them by any outside power (such as the British Parliament).

http://amzn.to/2w9XrnH

So basically government is

of the people, by the people, for the people.

Relationship between various government participants by Dr Karam Veer

One would say what is all this, I am not getting my degree recognized, no water ,electricity connection, no driving license, my land records are not updated, or his connecting road is substandard , or there is feeling of corruption in some on going project, it brings the question of having an method to getting grievance resolved, in a lawful manner, which is cheap, accessible, easy to use , simple.

Here is the most important point, we the people not I or me , we the people is not a single person, group,society,caste, or up to the point of a state government , there is rule of law which is supreme,Constitution is supreme law of Indian government.

There are many mechanisms for people of India if they feel short of their rights

• Right to constitutional remedies [Article 32 to 35] empowers the citizens to move a court of law in case of any denial of the fundamental rights. In simple word any person can ask the courts for his rights, but the problem with this measure is that courts can go into wrong doings of law only and that to up to a point, courts can't get into policy decisions of executive , and they can't force someone from doing corruption, abuse of power, delaying, inaction.
• Next comes the simple one which was a common method for getting things done as they should be not as they are currently done,writing petition (याचिका), representation ( अभ्यावेदन),memorandum (ज्ञापन). We daily see people giving it to tahsildars, collectors, ministers,Chief ministers, Governors, Prime Minister, President.

http://amzn.to/2w9XrnH

The shortcomings of these methods are

• first no one bothers to answers these methods,
• second even if someone bothers to answer, it is not time bound , justice delayed is justice denied.

Here comes the RIGHT TO INFORMATION ACT 2005 , there were many preexisting state acts before this , but this is nationwide act (except Jammu and Kashmir, they have similar act) , giving uniformity to the procedure.

Not going into detail about Rti act , I am going to post a image explaining the need of Rti Act 2005

Need Of RTI act 2005 poster By Dr Karam Veer Singh

This article gives the gist of need for RTI act , this article is must read for understanding why there is such a big fuss about a simple civil act , bigger then, should there be capital punishment or not, giving a layman's perspective whose simple basic human rights are sometimes lost and denied in the big network of government machinery. This article is also necessary for anyone who thinks RTI is menace, a burden to government machinery, a tool to abuse government procedures, harassing officials and stalling growth and progress.Further articles I propose to write on this topic will come soon

http://amzn.to/2w9XrnH

This is my creation with help from already available sources on the Internet, comments and suggestions are very welcome, criticism is most welcome by the way.Thanks once again.  

Movie Badlapur review

Badlapur 'don't miss the beginning' , well truth said I didn't expected such a good movie out of a title named badlapur but it is just plain and simple awesome. When the title says don't miss the beginning it is very true it is a roller coaster ride of various human emotions like fear anxiety empathy pity desire relief love guilt remorse hate rage panic disgust revulsion and lot's of unexplained lust, disguised sex scenes.

Director Sriram Raghavan gives ample chance for every single actor in his frame, but frankly actors of stand out are Varun Dhawan, Huma Qureshi and Radhika Apte. If you start hating Varun for his role in this movie, well then he has done a great job at it, some scenes are so twisted that he creates fear in the heart of everyone in the theater and even on the actors in film, a scene where he confronts Radhika Apte ,girl seen in Shor, there you can see plain streak of madness in him, Huma qureshi , well everyone konws she is damn good actress,but see excels in the role of prostitute and love interest of Nawazuddin Siddiqui. She excels in  unusual rape cum paid sex scenes with Varun yes Varun don't believe it, but that's true. Radhika Apte offers her body as salvation for her husband's deed without thinking for a second, to Varun, yes Varun demands it.


Other actors like Nawaz, Yami ,Vinay Pathak, does there parts brilliantly too, Nawaz in his scenes
 capture entire scenes, little bits of humor, correct use of violence, amazing music by Sachin Jigar helps in the theme.

Name of the movie,gives the gist Badlapur is to be seen as physical location but Psychological place created by Varun a marketing executive,whose live goes off track after a botched up bank robbery by Nawaz and Vinay Pathak.

Whenever I read reviews of other films, I do it simply to see that should i see the movie or not, so it is difficult sometimes when critiques offer lengthy reviews of story, i would say just watch it seldom comes a movie, where there is no feeling of wastage of ticket price.

http://amzn.to/2w9XrnH
Lyrics of jee karda

Chalni kar de seena mera
Daag saari goliyan ni ajj mera jee karda
Marjaneya ni aaj mera jee karda
Rabba mere, mujhe ghar pe tere
kadi bula teri chaukhat pe
De de aur jo dard ho baaqi
Rula mujhe rajj rajj ke aaj mera jee karda

If you have already seen , vote below your choice on the film.