Rural Employment Guarantee Scheme or Household breaking Scheme

R o b b y  S h a r m a             865, Block-B,Panki Kanpur-208020

                                                                                                Uttar Pradesh. INDIA

 Freelance Research Scholar                            Ph:09235844258; 09415438326

Town & Country Planning Problems                   Email.sharmarobby@hotmail.com

 Blog-http://sharmarobby.wordpress.com                    http://pretkanpuri.blogspot.com

 

 

Rural Employment Guarantee Scheme or Household breaking Scheme

To-Shri Manmohan Singh Ji                                              19-08-2008

Prime Minister of India

New Delhi

 

Respected Sir:          

1.         THE NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005 NO. 42 OF 2005 presumably enacted for the laudable purpose of giving guaranteed employment to the rural poor may not achieve the primary objective but it will most certainly ensure that every Gram Pradhan will earn a few millions, and every Block Development Officer and other Government functionaries including the District Magistrates will most certainly add a few millions to their Bank balances.

2.         What this Act will most certainly achieve will be to break up the Rural households and the joint family system prevailing for millions of years will be the casualty.

3.         The Object of the Act provides:-

            An Act to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work and for matters connected therewith or incidental thereto.

4.         Section-3 reads as below:-

3. Guarantee of rural employment to households.-(1) Save as otherwise provided, the State Government shall, in such rural area in the State as may be notified by the Central Government, provide to every household whose adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the Scheme made under this Act.

5.         The definition of “Household” is as below:-

(f) “household” means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card;

6.         What this means is that if a Householder is living together with

            say his three sons & their wives as well as his own minor

            children   as well as those of his sons then only one of the entire   

            lot will be entitled to Employment Guarantee of  hundred days

            and    if the House hold breaks up and the Sons start living

            separately then at least four of the lot will be entitled. Now what

            will this do, is,  either break up the family or force them to get

            separate ration cards, live together but lie about it and bribe the

           Pradhan and in short become a thief in the eyes of the Law. It is  

           only due to these foolish legislations, which turn every body in 

           India into a thief that I had named my Blog as

          “INDIA MANUFACTURER OF THIEVES”.

7. There is no effective provision in the Act to contain corruption, in fact 

    there is no such provision in any Legislation in India for this purpose as already written by me earlier “ It is submitted that all legislation in India were based on  the principle that those implementing it will be absolutely fair & that is why most of the legislations are failing presently because the implementing agencies are found to be wanting in honesty & fair play hence if any legislation in India is to succeed then, while framing it, it should be kept in mind that the implementing agency is most  likely to be totally corrupt & therefore for this purpose necessary safeguards & penal provisions foe very stringent punishment of the officers of the   implementing Agency have to be inbuilt in the legislation.

8. I suggest that a compulsory subject, in lieu of Mathematics, titled as “Social Audit” should be inserted in the curriculum at High School and higher levels and the students (in groups) should be taught, trained by experts & required to conduct Social Audits and verify the various works executed by Government Agencies, including those executed under National Rural Employment Guarantee Scheme so that a permanent Social Audit network is there in place all over the Country. Engineering students should be compulsorily required to undertake one year internship (like medical students), before getting the degree and during this period they should render assistance by their expertise to the students of “Social Audit” subject in their work of conducting of Social Audit & verification of Government works. IIT students should similarly be asked to do the Social Audit of high value Government works, like Roads Construction etc so that corruption in these works may be curtailed.

 

I therefore request you to make the necessary change in the definition of the word “household” in the THE NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005 NO. 42 OF 2005 so that it does not lead to breaking up the Households or to converting millions more (poor rural citizens), to the already a very large community of Liers & thieves which we, Indians already are.

Thanking You

Yours Sincerely

 

 

 

(Robby Sharma)

Copy to:-

1.         Smt Sonia Gandhi, 10 Janpath New Delhi

2.         Sri H.R Bhardwaj,the Minister of Law Government of India, New Delhi.

3.         Dr. Raghuvansh Prasad, the Rural Development Minister of  INDIA.

 

 

Global Warming-Coal & Oil Extraction are they related

Global warming- Coal & Oil extraction –are they related

            During the last about hundred years trillions & trillions of tonnes of Coal & Oil have been extracted from the bowels of the Earth. Both these are black & black color everybody knows absorbs heat. With the extraction of these black elements from the Earth, there is bound to be some affect on the heat absorption capacity of the Earth, the question is how much has it contributed, if any,  to the Global warming. Will somebody please enlighten me on this aspect ?

Supreme Court Judges or Cry babies

Supreme Court Judges or Cry babies                                   09-08-2008

Afraid of false cases, which may be  registered by police against them

 

The Supreme Court Bench recently observed

“Insensitive officials need regular flogging”: SC

Sir

This is with reference to the above observations of the Supreme Court Judge Sri B.N. Agarwal while hearing a case of a Agra woman, whose FIR was not lodged by the Police although her daughter had been kidnapped & the observations were made because the Honorable Judge was aghast at the lack of action of the police, who failed to register an FIR. Directions were issued that all F I R’s must be registered by the Police. the directions  were passed in

WRIT PETITION (CRL.) NO.68 OF 2008

LALITA KUMARI Petitioner(s)

VERSUS

GOVT.OF U.P.& ORS. Respondent(s)

 

 

The directions are no doubt  welcomed by all.

Now compare this with the Observations of the Supreme Court bench which was hearing the gaziabad case relating to corruption of the Judges, who were said to have received gifts from the beneficiaries of the provident fund ghotala of Ghaziabad Court. The Judges of the Supreme Court Bench observed-  “That the Judges needed to be protected from prosecution because otherwise many false cases will be filed against them and they will be harassed”.

Sir just imagine that the Supreme Court Judges are scared that false cases may be filed against them, leading to their harassment although they know fully that even if that happens, no police man will ever have the courage to question them and the false complainant will never know what hit him because the entire might of the Indian Union will be there to protect the Judges.

However as regards the general public, it is a well known fact that thousands of false complaints are lodged against innocent persons daily leading to their harassment.

Same thing happened with me when I sought Information regarding properties grabbed by the Dainik Jagran group of Newspapers in Kanpur. They tried to lodge a FIR against me with a Police Station through a Scheduled caste Sweeper invoking every IPC section in the book. May be we should get together & take up the matter of False Police reports. The Cr P C code in India & the IPC are without adequate safeguards in them to protect the citizens against false complaints.

    The history of criminal trial in India & the mind set of the Judges, brings out a very disturbing picture and that is that if a F I R is lodged, then PUNISHMENT & IMPRISONMENT IS MUST no matter how false the Complaint may be. Because if the Police finds the complaint to be bogus & expunges the F I R or files Final report then their action can be & is very often challenged in the Courts on hundreds of grounds, like by saying that police has taken bribe etc  from the accused etc etc. On the other hand if charge sheet is filed howsoever false it may be then no Court will interfere & a innocent person will be harassed through out his life.

The provisions against false complaints, like IPC Section 182 have no teeth. Therefore there should be some provision in law of immediate Narco examination of the Complainant , to ensure that false complaints are not filed & penalty of false complaint should at least be Life imprisonment. If Forensic tools like Narco analysis can be used against the accused then why not against the Complainant and that too compulsorily. Every body knows that the named persons in Dowry/SC-ST Act etc are almost always falsely implicated .In murder cases also, persons are named in the FIR by false eye witnesses & they have to struggle in Courts for decades to be cleared & if the false witness is experienced then often the innocent are punished also.

I am giving below an example of the Allahabad High Court Judgment by which the directions given by the Sessions Judge, to the Police, to file an F I R against a false complainant were set aside by the High Court. The details are:-

A F R
      Court No.

55.Crl. Misc. Application No.6269 of 2008.

 

 

Lekhraj………………………..Appellant
                               vs.
             State of U.P…………………….Respondent.

Hon. Vijay Kumar Verma,J.

Para-3;-  “Shorn of unnecessary details, the facts leading to the filing of the application under section 482 Cr.P.C. in brief, are that the applicant Lekh Raj had lodged an FIR at P.S. Kotwali, Rampur at Crime No. 322/2002. After investigation of the case, chargesheet was filed and on committal of the case to the court of session for trial, S.T. No. 223 of 2007 was registered against the accused Mahendra and others. While passing judgment in that Session Trial on 20.02.2008, the learned Sessions Judge Rampur, was of the opinion that the informant Lekh Raj (applicant herein) had lodged false FIR against the accused persons and hence, FIR should be lodged against him for the offence punishable under section 182 I.P.C. Consequently, SSP Rampur was directed to get the FIR lodged against the informant for lodging false report against the accused.

Para-4. “ It is contended by learned counsel for the applicant that at the time of passing the judgment in session trial No. 223 of 2007, the court below could not issue direction for lodging the FIR for the offence punishable under section 182 IPC against the informant and if the informant had given false evidence during the trial, then he could be punished either by adopting the procedure provided under section 344 Cr.P.C. or complaint could be filed against him in the competent court for giving false evidence, but FIR cannot be lodged at this stage for the offence punishable under section 182 IPC.”

 

Para-9:- “Consequently, the application under section 482 Cr.P.C. is allowed and that part of the impugned judgment dated 20.02.2008, passed by the Sessions Judge Rampur in S.T.No. 223 of 2007 (State vs. Mahendra & others), whereby direction has been issued to SSP Rampur to get the FIR lodged against the informant/applicant Lekh Raj for the offence punishable under section 182 IPC and consequent FIR, if lodged in pursuance of that direction, are hereby quashed.
The Registrar General is directed to send a copy of this order to Shri N.K. Jain, the then Sessions Judge Rampur (Now Sessions Judge Ghaziabad) for his guidance in future.”
 

Dt. 09.04.2008.

 

Look at the state of the Justice system in India, it is said that a person is deemed to be innocent till proven guilty. However in India it is just the opposite, as soon as an FIR is lodged against any one, no matter howsoever innocent he may be, he is arrested & sent to jail under Judicial custody & instead of the prosecution proving him guilty, it is he who has to prove his innocence & although the Courts below are empowered to grant bail but they simply do not do so & just keep on pushing the responsibility upwards often to the Supreme Court & 99 % of the persons simply can not afford it & simply languish in Jail. How can a Magistrate or a Judge remand a person to Judicial custody even when the police do not seek his remand & he is not even needed for investigation? How can the Court assume that the person if free will interfere with investigation? How ? This is the only excuse they always give. All this is done so that their brothers of the legal fraternity can reap benefit of the agony of the accused person & earn fat fees. The Jail manuals made hundred years ago simply ignore the fundamental Rights granted by the Constitution & are hit by Article-13 of the Constitution but then no body in the Country understands Article-13. Why should an accused deemed innocent person be forced to live in a dirty room with tens of others? Why should he be forced to eat the dirty & rotten food of the Jail? Why should he be deprived of his privacy, deprived from a clean toilet? Deprived of his newspaper, his T.V, clean clothes? While the Judges, the Parliamentarians, the Legislators & other Government Employees grow fat on public money.  There are thousands of cases where people have spent years in jail for murder of some person who later turns out to be alive .Now how do you compensate them for the loss of precious years of their lives? There must be some law to see that in such cases the investigating officers/Government prosecuting Counsel & the sentencing judge are punished by sending them to jail.

Therefore the Judges before passing such judgments should firstly pass directions to ensure that innocent persons are not harassed on account of false F I R’s and persons filing false complaints are given stringent punishment. I am sure that if this question is posed to the Judges, they will most likely say  “We are not the Parliament, it is for the Legislature to amend the I P C or Cr P C etc etc .”

 

 

Robby Sharma
865, Block-B, Panki Kanpur-208020
Mob-9415438326;9235844258.

Email—sharmarobby@hotmail.com

 

Wetlands preservation suggestions

R o b b y  S h a r m a             865, Block-B,Panki Kanpur-208020

                                                                                                Uttar Pradesh. INDIA

 Freelance Research Scholar                            Ph:09235844258; 09415438326

Town & Country Planning Problems                   Email.sharmarobby@hotmail.com

 Blog-http://sharmarobby.wordpress.

To the Ministry of Environment & forests sent to kaul52@yahoo.com;shruti.rai@nic.in;csingh60@yahoo.co.in

Sir                                                                                                                 08-08-2008

Please refer to the Draft notification Dated: 09-07-2008on ‘Regulatory Framework for Conservation of Wetlands for Comments. I wish to give below my objections:-

1.      The definition of wetlands is not comprehensive. Please define them by giving more examples in the layman’s language. For example are the flood plains of rivers included in them? If yes then have you demarcated them with regard to various rivers ?

2.      Please put in penal provisions for punishment on account of dereliction of duty by the officials of the implementing agency. For example if a Talab /Pond /Lake ,by whatever name called, is found to be encroached upon then the officer, responsible for reporting the encroachment or its protection should be given a prison sentence of at least ten years. Otherwise, try as hard as you want, make not one but a hundred laws, the disappearance of wetlands will not stop. If only the Lekhpal or Patwari or Revenue inspectors, by whatever name called, had been punished, in the past, not a single wetland would have ever been lost.

3.      Know all that not a single wetland of the Country can disappear without the active connivance of some revenue officer entrusted with their protection. It is the District Magistrates of the Country who are responsible for action against them but they have abjectly failed to do so.

4.      The British had made laws for the recording of the status of every inch of land periodically and the Patwaris/lekhpals(Revenue inspectors) were the first line of defense against their misuse or usurpation. They were and are responsible to keep regular records of these lands but hardly anyone does it, there are supposed to be dozens of revenue registers like for example khasra in U.P, which records everything on every inch of land at least twice annually. But none are filled in and if any are filled, they are filled by these Inspectors while sitting at Home. Just pay a few thousand rupees to them and you can grab as many ponds as you want. Lakhs of talabs/ponds have disappeared in U.P. alone in the last twenty years. Other wetlands, grabbed can not even be counted. Yet not a single Lekhpal or Patwari has been sent to Jail.

5.      Therefore if you  can not keep a check on the Monsters, who will in all likelihood man the Authorities, which you are most likely to create by the legislations, there is no hope of any success, just remember this

 

    Thanks

Robby Sharma

865, Block-B, Panki Kanpur-208020

 

Solution To Land Acquisition letter to Sunita Narain

Dear Sunita Narain ji                                                                     02-08-2008

This is with reference to your article on Daily South Asian News, titled “Land Acquisition, What is the solution ?”

It is true that what you have written is happening. It is also true that Land needs to be acquired by the Government. It is also true that our Constitution makers may have differentiated between Land & livelihood (although they did cover it under property another fundamental right then, which the Later on Politicians, aided & abetted by the highly pro-Government & anti people Judiciary, removed from the constitution,)although to the farming community i.e. about 75% of the Populace, Land means livelihood & thus Article-21 of the Constitution should come in to play in matters regarding Land Acquisition of Farmers but The Judiciary has failed abjectly to protect this Right & what is more, they are saying that Land is at most A property & now their is no Constitutional protection to it under the Fundamental Rights chapter & it is at best a legal Right. The higher Judiciary in India has totally overlooked the Article-13 of the constitution, the most important article & has shamelessly allowed the Government to trample upon the fundamental Rights of the people, even by declaring the most draconian legislations as being reasonable.

The Constitution has allowed the States free hand to make legislation about “Land”, keeping it in their list forgetting that any denial of the most profitable Use of Land by its owner or the Acquisition of it means acquisition of the very source of Livelihood of the majority & this being a fundamental Right, it “Land” should have never been kept in the States list. It is very disturbing to note that to a very large extent the so called environmentalists, including you have welcomed when the Union Government made the CRZ(Coastal Regulatory Zone) laws, which I think are the most draconian of Laws ever enacted aided and abetted by the Supreme Court, This law forces the owners of Land in CRZ areas to keep them un-built-upon & this means Acquisition by the State without paying any Compensation even. Then the various Urban Laws are also doing the same thing & curtailing profitable use of Urban Land by the owners, for decades & often for the entire lifetime of the owner although if the Government wishes to restrict such use beyond a reasonable limit then it should acquire the Land within a reasonable time i.e. within five years at the most from the date when the “first restriction regarding its Use is put in Place”. The idea behind the Urban Laws being only orderly growth of Cities /Urban areas& nothing beyond it.  But the Urban Authorities have unreasonably encroached upon the fundamental right to livelihood of the Land owners & the Courts are aiding & abetting these Illegal Usurpation of the Rights.

Last but not the least it is also true that vast majority of the Land owners i.e. the Farmers are not being able to eek out any reasonable living out of their Land for the very simple reason that Land is very little & persons dependant on it are more. Therefore there is no denying the fact that in a majority of cases, the farmers are too happy to part with their Land but to a purchaser of their choice. What is more surprising is that in case of Acquisitions, the Government ends up paying more Compensation than the price on which the farmer sells his land, willingly to the private parties. The reason is the COBRAS that the Government has nourished in the shape of Collectors & other Land Acquisition Officers, who in their vested interests deliberately declare the Compensation at one tenth of the amount than the market value so that later on when the Villagers are forced to file Compensation claims with the tribunal, everybody can make merry (including the Village strongmen ,who finance these CLAIMS of the illiterate& poor farmers, for a very very very hefty share from the increased Compensation  , the Advocates, the Tribunal Judges & the Land Acquisition Officers& Officials)at the cost of the farmer. These cases drag on for decades & decades & decades due to the anti farmer attitude of the Judiciary. That is why any Land Acquisition attempt leads to such violent protests.

The corruption prevailing in Courts, in Land Acquisition Compensation claims is quite apparent from the Observations made by the Allahabad High Court Bench in their judgment dated-05-03-2004 in the matter of  Fiirst Appeal No.981 of 2002 (Agra Development Authority V/s State of U.P) and other connected appeals, the Observations are:-

“These facts disclose the scandalous state of affairs prevailing in the district courts of the U.P. and it is no wonder that the public is disgusted with this state of affairs which smacks of rampant corruption”………………………

“Let the Registrar of this Court  place copy of this judgment before the Administrative Committee of the High Court for taking appropriate action against the concerned persons and Judicial officers who appear to be in collusion.”

            The other reason is that a considerable percentage of rural poor are dependant on the Lands of others & by Acquisition, they get nothing & their entire families are uprooted. I have given detailed suggestions on the Land Acquisition Amendment Laws, which can be read on my Blog  http://sharmarobby.wordpress.com, in March/April 2007 posting & later on in another short letter to the group of ministers before whom the Land Acquisition Amendment bill-2007 is pending, posted on blog on 2nd  August-2008

Thanks

Robby Sharma

865, Block-B, Panki Kanpur-208020

Mob-0-9235844258; 9415438326.

Email—sharmarobby@hotmail.com