Castration of Culprits: Medicine Worse Than Disease

Parmanand Pandey

A judge of Delhi, Ms Kamini Lau has suggested that the punishment to the convicts of rape case should be made exemplary and extremely deterrent. Her main suggestion, however, is that instead of increasing the period of incarceration of a rape-culprit to life imprisonment or putting him gallows, he should be chemically castrated. Such a person would find that his life has become a virtual hell for him and he would be constantly subjected to derision and ridicule of the society. This mortification will always haunt him to make him realise of his beastly guilt every moment till the last breath of his life.

In fact, according to many theories of punishment, there are mainly its three objectives: Reformative, Retributive and Deterrent. The crimes have also been broadly divided into two categories: One is against individual and the other is against individual plus society. In the second type of crimes; although the sufferer or victim is individual yet, it is considered to be a challenge to the law and order of the state and therefore, it is treated a crime to have been committed against the society. The state prosecutes the accused persons only against the crimes falling into IInd category. Punishment depends on the gravity of the crime.

There is no gainsaying that the rape is the most heinous crime and the trauma of a rape victim is indescribable. No amount of punishment can assuage and ameliorate the pains and sufferings of the victim. The attitude of the society further aggravates her mental agony and torture wreaking havoc on her. Therefore, the foremost thing that is to be done to change the mental attitude of the society as she undergoes almost daily. She often falls prey to deep depression. The rape victim deserves the sympathy and sweet words of the people around her and the culprit needs to be condemned in the harshest possible manner.

Having said it all, we, as a civilised society, will not have to lose the hope of a criminal getting reformed. A criminal's mental framework has also to be taken into account, particularly at the time of crime. It is also possible that he might have committed this dastardly crime under the influence of drinks and drugs. That is why, in criminal jurisprudence 'Actus Reus' is said to be based on 'Mens Ria'.'Tooth for a tooth' and 'eye for eye' is a form of retributive justice. Now it has become a thing of the past except in some hidebound Islamic countries. Genuine remorse and regret have worked wonders for the improvement of a criminal. Hence, the suggestion of the Delhi judge for castration of rape criminal however, well intentioned it may be, must be rejected at the very threshold.

Even the notion of this sort of punishment will push the society to the dark days of medieval period, which no well meaning person would like to return to. Be that as it may, the civil society, the judiciary and the legislature all will have to pool-their minds to see that the horrendous crime of rape is curbed. Punishment must be tinged with meaning intentions.

Medicine should never be worst than the disease. Its purpose is to cure the disease; not to further push the criminal into the vale of the barbaric crimes.

Mamata's Historic Win in West Bengal

Parmanand Pandey

Massive victory of Mamata Banerjee in West Bengal assembly elections is satisfying, momentous and epoch making. Marxists have been blown after 34 years of uninterrupted rule in the strong gale of Mamata's popularity.

Actually, it has been set in the psyche of the people for the last nearly two decades that the Marxists were invincible and it would be impossible to replace them through any democratic exercise because; they have mastered the art of subverting the public opinion by taking recourse to force and coercion and rigging the elections. In fact, the people of West Bengal have been fed up with the dictatorship and goondaism of Marxist rulers and cadres' right from the early eighties; but their anger reached the saturation point from the late nineties. If free and fair elections had been held for the West Bengal assembly, they would have thrown out in 2001 elections, if not before. Notwithstanding the huge wrath of the general public Marxists managed to win the 2001 elections. People, however, were aghast and felt cheated. In 2006 general elections of assembly the patience and anger of the people crossed all limits though; the Marxists were again able to manipulate the results in their own favour. This led to further cynicism among the young men and women and they started taking up the arms in large numbers.

Thus the Marxists have been mainly responsible for the growth of naxalism and frustration among youngsters. In fact, Most of the leaders of the Left Front suffer from arrogance and hubris. They still live in the Stalinist era and have refused to come out of time warp. The world has moved millions of miles ahead and away from the ideology of Lenin and Stalin, but they ridiculously harp on that fossilised philosophy. Scientific discoveries and means of production have changed and revolutionised the world beyond recognition, yet the blockheaded Marxists tired to oppress the wishes and aspirations of people with indiscriminate application of force and fraud.

At one point of time, the West Bengal was considered to be the most industrialised state of the country and was in the proud company of Maharashtra and Gujarat which at present is not only the worst governed state but the least industrialised state of India. Hundreds of industrialists and industries had to migrate from West Bengal to other state because of hostile attitude of the Left government. Hundreds of thousands of workers were left high and dry during the misrule of the Left Front. In the name of promoting trade unionism, they killed the hens that were laying eggs to feed the workers. Not surprisingly, therefore, the West Bengal has been posting very high negative trend of growth from all indexes resulting into large scale unemployment.

The most egregious misdeed of the Left Front government was; however, to allow the large scale infiltration of Bangladeshis in India. Needless to mention, crores of Bangladeshis have permanently settled in India by illegally entering through porous borders and the most outrageous act of the Marxist government was to give legitimacy to these Bangladeshis by providing them ration cards and putting their names in the election voters list. Thus the infiltrators are now the bonafide citizens of India As a consequence of it, the original inhabitants have been reduced into minority and they are cursed to live in the constant fear of Bangladeshis. These Bangladeshis have changed the demographic contours of several electoral constituencies not only in the West Bengal but in other neighbouring states like; Assam and Bihar. As these Bangladeshi have been voting in favour of the Left Front en block, therefore, they were always welcome with open arms of the Left government. Bangladeshis have now spread to almost all parts of India thanks to inept handling of the Central as well as the Left Front government of the West Bengal. They (Bangladeshis) are now posed a serious threat of law and order problems in almost every state. Besides, the security of the country is also endangered because of their sizeable pan-India presence.

All said and done; the Left Front leaders must be praised for their monetary honesty and austerity although the same is not true about their cadres. The general cadre of the Left Front has been as corrupt or sometimes more corrupt as the Congressmen and other party workers. It must be borne in the mind that the Left Front leaders and cadres would not easily swallow and tolerate their defeat and, therefore, they will certainly pose problems for Mamata Bangerjee at every step. Since they are well-entrenched at all levels of administration they will create stumbling blocks and hindrances for the new dispensation by all conceivable manners.

Therefore, Mamata Bangerjee will have to tread very cautiously. She will have to use the iron hand to crush the trouble makers but at the same time; she will have to take urgent steps for developmental works, so as to come up to the high expectations of the general public. I am sure she is fully aware of the challenges May she gets the strength to successfully grapple the problems and difficulties and surge the state forward by Godspeed. More about Mamata sometimes later.

Killing of Osama: Pak Exposed

Parmanand Pandey

The precise 40 minute military operation carried out by American navy to kill Osama Bin Laden on the last May 1 at Abbottabad (Pakistan) was absolutely marvellous and breathtaking. This was really unprecedented from many angles. The operation has completely exposed the duplicity and blatant lie of Pakistani authorities for whom Osama Bin Laden was virtually laying golden eggs. What was known to everybody, although Pakistan was trying to cover it with thin veneer, yet became stark clear after the military operation that Osama Bin Laden and numerous other terrorists have been trained, fed and nurtured and sheltered by Pakistan Army. Pakistan, without doubt, is a rogue state which has been thriving on the crop of terrorists. It is the biggest exporter of terrorism across the world, be it India, USA, Britain, Chechanya or Canada. India of course, is the biggest victim, which has to bear the brunt most.

It is very regrettable that western countries, particularly USA, mainly responsible for creating the monsters like Osama Bin Laden, have been feigning ignorance about the Pakistan sponsored terrorism. In fact, USA has often shown insensitivity towards the plights and sufferings of India even when she had to capitulate before Talibani terrorists at the time of hijacking of aeroplane at Kandahar. The ring leader of the hijackers Majhar Masood walked passed into the Pakistan territory in the full glare of authorities after his release by no less a person than the then Indian External Affairs Minister Jaswant Singh. His photographs were flashed in newspapers addressing the gathering in a mosque situated in Pakistan. India plaintively pleaded to the world that she was the victim of Pakistan sponsored terrorism but no one heeded to India's cry.

It is also shameful on the part of Indian leadership which developed Goosebumps when it came to sternly dealing with Pakistan trained thugs of Taliban. The families of the hijacked passengers in India showed despicable behaviour by assembling before the P.M. house and orchestrating the demand for release of hardcore terrorists in lieu of the release of their kith and kin. These middle class families would not shed any tear on the death of hundreds of brave jawans on the border but they did not hesitate to make hue and cry or hullabaloo over the impending death of some of their relatives. India Media's role was highly condemnable, which created all hype and hysteria in favour of shameless family members of hijacked passengers. As a result of it, the weak and debilitating government of Atal Bihari Vajpayee buckled under the pressure. Again Indian Parliament was brutally attacked and the country lost many brave policemen but that too could not move even the so-called democratic countries.

The main culprit of Mumbai riots, Dawood Ibrahim is sitting pretty and enjoying the comforts of Pakistani hospitality at Karachi. Similarly, the masterminds of 26/11 of Mumbai are roaming freely in Pakistan. What to say of mimicking the Abbottabad operation of USA, Indian Government has shown the chicken heartedness by not hanging the judicially pronounced culprits like Kasab and Afzal. Entire world knows that Pakistan was responsible for trespassing in Kargil but Pak authorities denied their hands in the war being fought in the name of Mujahdeen. It was ruse for throwing dust in the eyes. It is good that nobody now gives any credence to the denials of Pakistan.

Coming to OBL, Pakistan Government crossed all the limits of lie and hypocrisy, when it has been befooling the world for nearly a decade that it was actively involved in anti-terror campaign and tracking down of Osama Bin Laden, while the reality was totally different and OBL was being harboured by it. America must have pumped in more than thirty billion dollars in Pakistan just to get hold of Osama Bin Laden but every time, when American forces were close to catch the dreaded terrorist, the move was invariably jeopardised by Pak army as it always alerted the target. Alas! The money that was given to Pak was used for propping terrorism in India.

This meticulous military operation of Abbottabad has also exposed that Pakistan's bluff and bravado was hollow to the core as American choppers carried out their operation well within the entrenched garrison of the army and its army could know about it only when the entire would was rejoicing the death of the dreaded criminal Osama Bin Laden. It would have been better if OBL had been caught alive as that would have further laid bare Pakistan's schemes and lies. The death is hardly is rejoiced except in the cases of demons like the mass killer Osama Bin Laden. Let us join the world to celebrate the obliteration of the devil.

Support Drafting Committee Of Jan Lokpal

Parmanand Pandey


An unnecessary controversy is raging these days with regard to the presence two Bhusans - father son duo— Shanti and Prashant in the Jan Lokpal Drafting Committee. Right from the day, the government accepted the demand of Anna Hazare to draft and enact the Jan Lokpal Bill with the help of the representatives of the Civil Society, a section of influential persons is not able to digest it. These people are raising innumerable objections, which are frivolous in nature but ulterior in motive. There are some publicity hungry people, who are knocking at the doors of the various courts and questioning the very constitutionality of the Drafting Committee. They say that it is the job of Parliament, which cannot be given to others under threat and duress. They are umbrage as to how the civil society can subvert the democracy and usurp the powers of Parliament.


As it is was not enough, a group of people, whose interests would be hit hard after and who do not have any hesitation in serving as the lackeys of the corrupt politicians and bureaucrats, have spearheaded the smearing campaign against Bhushans. There are some, who are shamelessly and brazenly painting the image of even Anna Hazare with the black brush. They are referring to some report by Justice P.B. Savant Committee, which is totally rubbish one and which has no relevance at all to the task of the Drafting Committee. One can well understand, if there were any substance in Justice Savant's report, the Maharashtra government would never have remained quiet and spared Anna Hazare, who has become a permanent sore in its eyes because of his relentless struggle against corruption.


Now for the last so many days, some infamous corrupt persons like; Amar Singh and Digvijay Singh have launched attack on Bhushan every day with new allegations. One day for their alleged involvement a CD and the other day in availing the largesse from the Mayawati government in U.P. or on third day for evading the income tax and the next day branding them as Public Interest Litigation blackmailer.


Now the question arises as to why, these controversies are being raked up at this stage? Obviously, the corrupt elements know that they will have to face the heat of the stringent law most, that is why, they are up in arms against the very legislation itself. Nobody is asking a question to these self serving and self styled righteous people that even if Bhushans were involved in misdemeanours, how will that have bearing on their competence of drafting the bill? If they have done something wrong, they should be hanged for that but why the public cause be stalled? Moreover, if the strict law comes into the existence, then all those found in corruption would be prosecuted and penalised including Committee members. Therefore, the need of the hour is to extend fullest possible support to the Drafting Committee, so that strong and effective law is enacted soon to curb and control the menace of corruption.


Bogey being raised by the agents and advocates of corrupt elements must be smashed at any cost and that is where lies, the future of Aam Aadami and this great country with bright future but dismal present and bleak future.

Hail The Bail To Binayak Sen

By: Parmanand Pandey

Bail to Binayak Sen by the Supreme Court of India must be hailed because justice stands for liberty and equality. In fact, it has sent the right signal to millions of young men and women across the country, who feels frustrated with the existing judicial system. Supreme Court has rightly opined that to have sympathy with Naxalism does not mean that the person is naxalite and it cannot be construed to be sedition at all.

As a matter of fact, the old definition of sedition must be changed. It is often misused by the insensitive and cruel state apparatus to settle scores with those, who oppose them or the system that they foster.

Dr. Sen has been working among poor tribal of Bastar for the last many-many years as a children's Doctor. Although he is a specialised Paediatrician but, more often than not, he doubled up as general practitioner of medicines with the aim to providing succour and relief to poor adivasis. It is no secret that the tribal are the most exploited people. The pace of development has not only been slow and tardy in tribal areas but at many places there has been no development at all. This has been the cause of frustration among tribal and this was, in turn, has been capitalised by the naxals to the hilt. The reach of law and order machinery cannot be expected to have any impact in the areas, where the life is still primitive. This again has provided fertile grounds for naxalites to flourish.

There is no doubt that the nexus of corrupt officials, politicians and middlemen are primarily responsible for the growth of naxalism and the brunt of the same is invariably borne by ordinary and innocent people.

The time has now come to call spade a spade. Naxalites and Christians missionaries have been able to make deep inroads in these tribal areas and their activities, undoubtedly, border on the sedition. They excite and provoke the gullible Adivasis against the government and make every possible effort to win over them. While Christian missionaries make unabashed effort to convert the tribal brethrens to their religious fold, naxalites instigate them for armed uprising which; by every stretch of consideration, is against the interests of the nation. But here again the corruption of those at the helm is the top culprit.

The civil society will, therefore, have to take the lead to effectively deal with this menace. The fight has to be is two-fold. One is to fight against the cancer of corruption, which is eating into the vitals and made the system completely rotten and hollow. The second one is to awaken and enlighten the people for their rights and also about naxalites and Christian missionaries, who are not their friends but they are their enemies. The naxalites are also equally guilty of blocking the development. If there is no peace and tranquillity, how can there be development? Christian missionaries, on the other hand, are most adept in fishing in the troubled waters. They are having the good of both worlds. This duplicity must be exposed. It should also serve as an eye-opener for the Hindus, who have hardly cared for the vast section of the society because of their culpability of neglect and greed. If Hindus do not behave and reach out to tribal and scheduled castes, they will be doing so at the perils of their own religion.

Binayak Sen is a symbol for many things; he has become the beacon light. What he is doing must be encouraged. Naxalites, if they are actually not the slaves of the forces that are out to create chaos and confusion, then they must also wake up and stand up against corruption.

Hail The Bail To Binayak Sen

By: Parmanand Pandey

Bail to Binayak Sen by the Supreme Court of India must be hailed because justice stands for liberty and equality. In fact, it has sent the right signal to millions of young men and women across the country, who feels frustrated with the existing judicial system. Supreme Court has rightly opined that to have sympathy with Naxalism does not mean that the person is naxalite and it cannot be construed to be sedition at all.

As a matter of fact, the old definition of sedition must be changed. It is often misused by the insensitive and cruel state apparatus to settle scores with those, who oppose them or the system that they foster.

Dr. Sen has been working among poor tribal of Bastar for the last many-many years as a children's Doctor. Although he is a specialised Paediatrician but, more often than not, he doubled up as general practitioner of medicines with the aim to providing succour and relief to poor adivasis. It is no secret that the tribal are the most exploited people. The pace of development has not only been slow and tardy in tribal areas but at many places there has been no development at all. This has been the cause of frustration among tribal and this was, in turn, has been capitalised by the naxals to the hilt. The reach of law and order machinery cannot be expected to have any impact in the areas, where the life is still primitive. This again has provided fertile grounds for naxalites to flourish.

There is no doubt that the nexus of corrupt officials, politicians and middlemen are primarily responsible for the growth of naxalism and the brunt of the same is invariably borne by ordinary and innocent people.

The time has now come to call spade a spade. Naxalites and Christians missionaries have been able to make deep inroads in these tribal areas and their activities, undoubtedly, border on the sedition. They excite and provoke the gullible Adivasis against the government and make every possible effort to win over them. While Christian missionaries make unabashed effort to convert the tribal brethrens to their religious fold, naxalites instigate them for armed uprising which; by every stretch of consideration, is against the interests of the nation. But here again the corruption of those at the helm is the top culprit.

The civil society will, therefore, have to take the lead to effectively deal with this menace. The fight has to be is two-fold. One is to fight against the cancer of corruption, which is eating into the vitals and made the system completely rotten and hollow. The second one is to awaken and enlighten the people for their rights and also about naxalites and Christian missionaries, who are not their friends but they are their enemies. The naxalites are also equally guilty of blocking the development. If there is no peace and tranquillity, how can there be development? Christian missionaries, on the other hand, are most adept in fishing in the troubled waters. They are having the good of both worlds. This duplicity must be exposed. It should also serve as an eye-opener for the Hindus, who have hardly cared for the vast section of the society because of their culpability of neglect and greed. If Hindus do not behave and reach out to tribal and scheduled castes, they will be doing so at the perils of their own religion.

Binayak Sen is a symbol for many things; he has become the beacon light. What he is doing must be encouraged. Naxalites, if they are actually not the slaves of the forces that are out to create chaos and confusion, then they must also wake up and stand up against corruption.

17B OF THE ID ACT MUST KEEP PACE WITH TIMES

Labour laws in India are welfare laws, where the role of State is undeniably very high; unlike those countries, where the policy of laissez faire is followed. There have been many changes and amendments in labour laws from time to time to safeguard the interests of the workers, but some of the most beneficent laws have now become inadequate. One of them is 17B of the 'Industrial Disputes Act, 1947. Recently, I wrote an open letter to the Shri Mallikarjun Khare, the Labour Minister of India, which is reproduced below.

To

The Labour Minister

Government of India

Shram Shakti Bhavan

Rafi Marg, New Delhi- 110001

Sub.: Need to amend section 17B of the Industrial Disputes Act.

Sir,

Labour laws in India are welfare laws, where the role of State is undeniably very high unlike those countries, where the policy of laissez faire is followed. There have been many changes and amendments in labour laws from time to safeguard the interests of the workers, but some of the most beneficent laws have now become inadequate. One of them is 17B of the 'Industrial Disputes Act, 1947. Recently, I wrote an open letter to the Shri Mallikarjun Khare, the Labour Minister of India, which is reproduced below.

You are fully aware that the fight between a workman and his/her employer is, indubitably, an unequal fight. On account of dilatory tactics, which is often adopted by the employer, the workman suffers. This was the reason that the Legislature in its wisdom thought it fit to introduce section 17B to the Industrial Disputes Act in 1982, which became effective from 21st August 1984. The amended section 17B reads "Payment of full wages to workman pending proceedings in higher courts— where is any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in the High Court or the Supreme Court, the employer shall be liable to pay such workman, during the pendency of such proceedings in the High court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in establishment during such period and an affidavit by such workman had been filed to that effect in such court.

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the court shall order that no wages shall be payable under this section for such period or part, as the case may be.”

Before the enactment of this section, the awards directing re-instatement were often contested by the employers in High courts or the Supreme Court without paying an interim relief to workers. Delay in implementation of awards invariably caused hardship to the workman. There are innumerable instances where workmen have been dragged by the endless mire of litigation with the sold aim to tire them out. But 17B proved to be a boon for the victimised employees as it considerably eased their pathetic financial condition. Thus, this amendment was, without doubt, a revolutionary piece of legislation in conformity with the avowed aim to have welfare labour laws. However, with the passage of time, this legislation has virtually been reduced to be dysfunctional particularly; due to reactionary and anti-labour judiciary.

Needless to tell, that the current trend of the adjudication is to award either lump sum amount or 50% or 75% of the last drawn wages till time of retirement in lieu of reinstatement even if the dismissal or discharge of the employee is found to be unjust and illegal. As a result of it, the workmen are denied of reinstatement. Employers, almost without fail, challenge such awards in the High Court without giving a single paisa to the workers. Workers cannot claim interim relief under section 17B because the precondition of reinstatement is missing in such awards. Ultimately, the workers are left high and dry.

We have come across many such cases where workers have left to their heavenly abodes without availing any benefits of labour laws. This is nothing but mockery of justice.

The intentions of the legislature are laudable but insensitive judicial pronouncements have defeated the very objective of section 17B of the I.D. Act.

Therefore, it would now be in the fitness of the time and occasion that this provision of 17B should be revisited by the Legislature so as to help the workers in their fight against mighty employers and it would be a great relief to the working class.

Thanking you,

Yours faithfully,

Parmanand Pandey

Copy to: Shri Prabhat Chaturvedi IAS,

Labour Secretary, Government of India

Shram Shakti Bhavan

Rafi Marg, New Delhi- 110001