Citizenship Dilemma

 

 The other day somebody asked me whether I am a citizen of India. My answer was yes but I kept thinking that  how am I going to prove that I am citizen on India as I do not have a certificate of citizenship of India but I do have a variety of documents which give my date and place of birth in India and in some my nationality is listed as Indian.

I have a valid passport, Aadhar card, PAN card, voter I -card, retired Air Force I- card, my Ex-servicemen I-card, revenue receipts and land/house documents and a pension account in a PSU bank but these are not proof of my citizen ship. Various Supreme Court judgements and High Court judgement have ruled that passport, voter I card, PAN Card, Aadhar card, revenue receipts and even a bank account including the retired Air Force identity card are not proof of my citizenship. Well I could not think of anything beyond them and here lies my dilemma.

Looking at article 5 of the Constitution of India which says that a person is citizen of India if at the time of commencement of Constitution had his domicile in India and was born in the territory of  India  or  at the time of commencement of Constitution of India had his domicile in the territory of India  and  either of his parents were born in the territory of India or at the commencement of constitution f India the person had his domicile  within the territory of India for not less than 5 years immediately preceding  the commencement, , shall be citizen of India. No citizenship certificate is issued to a person born in India.

The Citizenship Act 1955 in section 3 lays down condition for claiming citizen by birth after the commencement of Constitution. It says that every person born in India  on or after 26 Jan 1950, that is the commencement of Constitution,  but before 1 Jul 1987 shall be citizen of India, if born after 1 Jul1987 but before the commencement of citizenship  (amendment )act 2003 and either of whose parents is a citizen of India at the time of his birth , if born after the commencement of citizenship(Amendment) act 2003 then either  both of his parents are citizen of India  or one of the parent is citizen of India and the other is not an illegal immigrant at the time of birth, shall be citizen of India.

It looks simple but the proof of being born in India as accepted is the birth certificate issued by the government under Registration of Birth and death Act 1969 or a birth certificate issued by the municipal authorities. Now most of senior citizen born before 1 Jul 87 may not have such a birth certificate and this will create a problem. Getting birth certificate for parents will be more troublesome as most of births used to take place at home or not registered. Even I cannot produce my birth certificate or of my parents issued by the state or municipal authorities. Most of us have used the date of birth as given in high school certificates or equivalent examination and this is what has been used in all other document including entry to Air Force or passport.

Even now as per official records in 2015-2016 only about 63% of children under the age of 5 had their birth registered. This figure now has improved considerably but a large number of births in rural area which do not take place in a hospital, health center or by Asha workers do not get reported. Of course in later stage some date of birth is entered in some document but still the birth remains unregistered thus complicating the citizenship dilemma.

In USA and most of the countries the valid passport is accepted as a proof of citizenship and in other countries India passport is accepted as a proof of Indian citizenship except in India itself.

Does it mean that I cannot prove to the satisfaction of court or authorities that I am a citizen of India. It would appear so. That is the reason India need to have a certificate or a document issued to Indian citizen that they are citizen of this country.  National Register of Citizenship could be a step in this direction but the problem will become acute if other documents where date of birth is mentioned is not accepted and only birth certificate is insisted upon.

Directed Organ Donation

Can One Will His Organs or Give a Directed Organ Donation Instruction?

 

The Transplantation of Human Organ Act (THOA )1994 is ambiguous on this issue except to put a ban of trade of human organs and coercion . But the question is can a person say in his advance declaration or in its absence the legal heir put a condition that one or more organs are to be given to a particular person or exclude some category of persons from benefiting from this transplantation? There are a variety of opinions and people argue that once you give up voluntarily then the organs are state property by virtue of it being the property of organ sharing organization or National Organ and Tissue Transplant Organization (NOTTO) in India becomes the deciding authority to decide who should get the organs based on four guiding principles.

 

A person can give a directed organ donation to a close relative while he is alive and it is permitted then it should also apply to a person who is brain dead and since he cannot make a decision or convey it hence his legal heirs have the right to decide. A few cases of one of the kidney donation, a portion of liver or blood/plasma/platelets donation are in public domain.

A person can make a will of his self acquired property then it applies to reasoning that he can decide as to whom to give or not to give his organs and his wish should be honored. Of course in this case it will be in the form of advance declaration. Moreover as long as he is alive it is his organs and after that whether he is brain dead or dead the legal heirs are the custodian of the body and hence they have a right to decide whether there is any directed organ donation or not and state should not have any say in this matter and should honor their wishes.

 

USA in 2009 has adopted this practice of directed organ donation and UK in 2010. But in India the issue is not very clear except in the state of Gujarat and Tamilnadu where directed organ donation is permitted.

 

What is required, therefore, is a provision in the THO Act permitting this directed organ donation, of course with some checks and conditions so that trade as well as profiting from this organ donation is avoided.

 

Problems and Solutions

 

                                                   Problem And Solution

Somebody once said. “It is not the problem to say that this is the problem but it is the solution to the problem and that is the main problem”. 

What is more relevant, the problem or its solution? Well they are the same side of a coin and separating one from another is not possible. But what is more important is the proper definition of the problem one faces and this is area where most of us fail. We tend to treat symptoms as problem and hence try to do a fire fighting exercise in order to overcome it. We would prefer to douse the fire rather than try to find out as to what caused the fire and address the issue. In my opinion it would be prudent to prevent the occurrence of fire after dousing the fire and to ensure that we are prepared and prevent the occurrence of fire by adequate measures. Toyota does it in a very simple way, whenever they encounter an issue or problem they try to get to the basic issue by asking “WHY” at least five times or till they do not get any further answer to why. This why is a powerful tool to get to the basic problem or issue? This proper definition of the problem is the basis of all problem solving.  Once a proper identification of the issue is done then one can try to solve the issue. All problems are not solvable and it is possible that one may encounter a problem for the first time or a problem for which no solution at present exists and then it becomes necessary to either develop a totally new solution or if it still remains unsolvable then a proper management of the issue is the only solution.

To solve a problem it would be prudent to categorize the problem and then try the thinking process most appropriate to address it. A problem can be divided into four different categories and each category demands a different approach to solve it.

Category 1-These are the problems which can be solved at the individual level by the person himself by either arranging the information already available with him or find analogy from the past or gathering information on his own to arrive at a solution. Such problems are best solved by logical thinking which we routinely use. These are the routine decisions which every individual makes a number of times in his daily life. To take route 1 or route two, use own vehicle or use public transport, where to shop, etc.

Category 2- These are the problems for which no solution exists within the knowledge of the individual or any other way or the knowledge is not sufficient and he is forced to seek an advice or opinion from others or experts in order to get a solution to the problem. These are the problems which one encounters less frequently and once in a while only. These are best solved by more information gathering and using logical thinking or adhering to the advice of experts. The example could be,illness, buying a house or make a house, go or not to go on foreign holiday and where, etc.

Category 3- These are the problems for which no solution exists with the individual or from experts and it is one which one has encountered for the first time. These problems/issues cannot be solved by logical thinking as available in the first two categories but a different thinking approach is to be used. One refer to such approaches as out of box thinking or more commonly known as creative problem solving  using the techniques of creative thinking. This simply means that one has to create a solution to the problem/issue.

Category 4- These are the problems for which with the present knowledge no solution can be found or can be created and they can be at best labelled as unsolvable at present but it does not mean that in future they cannot be solved. These are the problem that needs to be managed properly by using the techniques of positive thinking. Examples of such issues could be incurable diseases, menopause, etc.

Consumer Protecion Act 2019.

 

Recently the consumer forum of Kerala passed a judgement which is the first under consumer Act 2019 where besides the company, the actor endorsing it and the shopkeeper selling the product were all fined. A person bought a cream claiming that it will grow hair on the bald head within six weeks and it was endorsed by a well known actor also. When after six month nothing happened the consumer filed a case in consumer Forum. The Forum passed an order awarding monetary compensation to the consumer not only from the company which made the product and gave false, misleading claim besides adopting unfair practice but also fined the well known actor for endorsing the product and the shopkeeper for selling it.

Under the new consumer protection act 2019 which is consumer friendly and allow the person to file complaint anywhere irrespective of where he purchased it online. Some important provisions are-

The Act has focused on enforcing the consumer right with timely and effective administration of consumer dispute

The new act enhances the ambit of consumer law to cover and regulate goods and services including telecom, housing construction and all modes of transaction (online and teleshopping) for consideration but excludes medical disputes due to a Supreme Court judgement.

Product Liability is a new term introduced and under this when a consumer suffers an injury, property damage or death due to a defect in the product or service then he can file a claim for compensation under product liability. The manufacturer, service provider and seller will be held guilty under product liability.

Unfair contract under the law has now been defined as a contract between a consumer and manufacturer/service provider if it causes significant changes in consumer rights. It covers situations such as payment of excessive security deposit in an agreement, disproportionate penalty for a breach and unilateral termination without reason.

To protect consumer rights a regulatory body called Central Consumer Protection Authority is being setup.

Settlement is provided during adjudication.

The territorial jurisdiction of the consumer forum is expanded to include place where aggrieved consumer resides or works for gain also.

Woman Rights in India

 

Every day in TV or in newspaper there is news bout molestation, ill treatment, suicide or rape of woman. Why it is so when in India we have plethora of legislation protecting the rights of woman and laws to safeguard them. Al this basically arises from two main reasons, the first being the ignorance about these rights among the woman in rural areas, who need them most and a fear of being victimized by the law agencies and relatives not to mention the time it takes to get justice coupled with the financial dependence on husband and family for support. The second is the exactly opposite of first one where in urban areas these laws are being misused by some to victimize, harass and even blackmail. The first can be addressed by suitable education, information, counseling enters, free legal aid societies and by gram panchayats while the second one needs proper legislation and safeguard so that these laws are not misused.

Woman rights can be classified under two broad headings, Constitutional rights and legal rights.

Constitutional Rights

1.       Right to equality. This right includes a host of related rights like no discrimination in employment of sex, to secure adequate means of livelihood, equal pay for equal work, securing just and human conditions of work, and maternity relief, etc.

Legal Rights

1.       Protection of woman from domestic violence act 2005.

2.       Immoral Traffic (Prevention) Act 1956.

3.       Indecent representation of woman (Prohibition) Act 1986.

4.       Dowry Prohibition Act 1961.

5.       Maternity Benefit Act.

6.        Medical Termination of pregnancy Act.

7.       Pre conception and Pre Natal Diagnostic Techniques (Prohibition of sex determination) Act.

8.       Equal Remuneration Act.

9.       Family Court act.

10.   Legal Services Authority Act.

11.   Hindu Marriage Act.

12.   Hindu Succession Act.

13.   Minimum wages Act.

14.   Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act 2013.

Besides the above mentioned Acts both the Indian Penal Code as well as Criminal Procedure Code have certain provisions especially applicable to help woman, like dowry death, cruelty, rape, abduction and other offenses, arrest of woman by female police woman,  and obligation of men to maintain his wife. In addition they have a right against being stalked, right to file zero FIR, right to register virtual complaint, right to keep their dignity anonymous in case of sexual assault and a right to dignity and decency.

In case of a married woman there are some additional rights

1.       Right to matrimonial home, whether owned by husband or his parents.

2.       Right to report domestic violence

3.       Right to abortion.

4.       Right to divorce. Some additional grounds for divorce not applicable to husband.

5.       Right to seek maintenance and alimony.

6.       Right against dowry and harassment.

7.       Right to Streedhan.

8.       Right to claim child custody. If the child is below 5 years then mother have a superior right.

9.       As per court order every police station must have a lady police officer (Not below head constable) round the clock.

10.   A female cannot be arrested by a male police officer.

11.   A female cannot be arrested after sunset and before sunrise.

12.   Police can investigate a woman at her residence.

13.   A rape survivor can record her statement at a place of her choice and the medical procedure of a rape survivor is only to be conducted by a government hospital. All woman are entitled to avail free legal aid.

Noise Pollution

 

We are constantly bombarded day and night by the noise on the road, factories, etc. Constant honking on roads some even using pressure horns while other probably have on hand always on the horn button, noise for vehicle engines not to mention the motorcycles with silencers removed to announce their arrival. If this was not enough then we have the loud speakers from religious places, in rallies, marches and even the jagratas,  DJ’s in marriages, which keep you awake through night for a couple of days. All this leaves me to wonder whether god is listening or he has also gone deaf. This becomes unbearable when these things happen at the time of school, college or other examinations. All this is compounded by the industrial noise created by constant running of machines. Silent zones and no parking are there to be broken only.

In general a human being can tolerate noise level up to 85 db (Decibels) only and anything beyond it can affect productivity and quality of life. A decibel level of common sound above 80 is considered bad while above 100 to 120 are termed uncomfortable. Regular exposure to noise can come out in the form of people being irritable, nervous and face difficulty in taking decisions. A constant exposure of common sound above100 db may damage your ears and you may face difficulty in hearing.

There are 70 noise monitoring stations at present under National Ambient Noise Monitoring network in seven states. The ambient noise level in these states showed that about 90% of states found noise level beyond acceptable limit in both day and night.  This is a matter of serious concerns.

Street level noise is mainly associated with vehicular traffic and is hard to ignore and escape. The mean street level as per one study is about 74db with a range from 55 to 95 db and varies with the density of traffic.

Decibel (Db) is a relative unit of measurement corresponding to one tenth of Bel (b). It is used to express the ratio of the value to a power or field quantity to another on a logarithmic scale. The logarithmic quantity being called the power level or field level. Near silence is 0 db but a sound measured at 10 db is actually 10 times louder and 20 db is 100 times louder than silence, a 30 db is 100 times louder than 10 db. The noise in an average bedroom is about 20 db, a firearm averages between 140 to 165 db, normal conversation is about 60 db and a rock concert averages 120db.

The Government having realized the importance of noise pollution enacted a new set of rules especially dealing with noise pollution entitled Noise Pollution (Prevention and Control) rules 2000 which deals especially with noise pollution in addition to the Air (Pollution Prevention, Control & pollution)  Act 1981. These rules specify the limits of noise pollution in different areas like industrial, commercial and residential and specify the limit in db for each area for day and night separately and the punishment for violation.

In addition silent zones are specified by each state which includes all areas that lie with 100 meters of the premises of schools, colleges, hospitals and courts. The permissible limit in silence zone is 50 db at day and 40 db at night with restriction on use of horn. The limits for domestic appliances lice AC, mixer, air cooler and refrigerator is also specified. Daytime means 0660 hrs to 2200 hrs and night time means2200 hrs to 0600 hrs. Loud speakers and public address systems can be used after permission and not between 2200 hrs to 0600 hrs. In residential areas the limit is 55 db at daytime and 55 db at night time whereas for commercial areas it is 65 and 55 db respectively .Strict fines ranging from Rs.10,000/= to one lac with confiscation of instrument is specified which can be levied on the offender.

The district magistrate is the local authority to monitor, regulate and take action against the offenders which he fulfills with the help of police. A complaint to 112/100 or to the nearby police station is sufficient for the action.