Sunday, April 26, 2009

FREE DEMOCRATIC MEDIA WITH LEGAL CONSCIENCE

[Ok guys, this is an Abstract of my paper which I have written for seminar in Delhi, but unfortunately it was rejected as I was not up to their expectation. I don't know what they exactly wanted from me or what I lacked in it.
But as now it is wandering in my junk mail, so I think it is better to share with you people rather than junking it in my mail.]



“Give me the liberty to know, to utter and to argue freely according to conscience above all liberties.”
- John Milton

The freedom of speech and expression is a fundamental mantra to realize democratic aspirations. Democracy as a system of government is considered as a most appropriate form of government for the benefit and interest of the citizens. The citizens in a democracy are sovereign; they are the highest form of political authority. They have a right to choose or dismiss their political leader.
As in the words of President Abraham Lincoln, “Democracy is to be a government of the people, by the people and for the people.” Thus in democracy the peoples are the watch-dog and the key role of the citizens is to participate in public life, to inform about public issues and to express their own opinion and interests freely. So the media act as a platform for the citizens to express their opinion and belief. The role of the media is vital in generating a democratic culture. It is through the media that people share their experience, learn and become aware. It is how a constructive political debate about options and policies develops. Without media, people in societies would be isolated, not only from the rest of the world, but from governments, law – makers and neighboring town and cities. The flow of information is important for the development of public opinion and views and the media facilitates this.
To talk about democracy without free media is a contradiction in terms, free press and media is as important in a democracy as citizen itself. The media has helped in enforcing laws in the country, some of the most biased decisions like that in the Alistair Pereira and Jessica lal case had to be reversed after the media highlighted the issue, giving rise to a public outcry.
The healthy relationship between the media and the state is required for protecting human rights. But there is an inherent problem for ideas, beliefs and opinions when expressed may cause conflicts. To resolve such conflicts, the constitution has provided for certain ‘reasonable restrictions’ in article 19(2).
With the advent of modern technologies, electronic and digital media has become both popular and hyperactive. Electronic journals and digital press has become a popular channel for ‘expression’ and which is the most important aspect of democracy – social justice.
‘Sting Operation’ – the most popular word associated with the electronic media, by using electronic bugs while interviewing they bring out the truth. Politician, High-profile Lawyers, Government Officers, or even Army personnel none have been spared by the spy cameras of the news channels. But if the same is used for the blackmailing a person, is not only illegal but also immoral. So, in order to check these negative sides of the media, certain reasonable restraint put by the constitution over the working of press and media. The function of law must be to find out ways and means to restore the public debate and free flow f information through media.
Free press doesn’t mean that the state shall not intervene in its functioning; it shall intervene when the situation warrants. The intervention should only be in the interest of the public at large. But in the name of legal intervention, the state shall not hamper the free flow of information that will go a long way in protecting and promoting human rights.
In the concluding way, I would like to express that,‘ free press is soul of a democracy, so in order to flourish the democracy the soul must be preserve – as it is named as the greatest form of art – the Free Media’.

Request to all my legal eagles (friends), please do comment on this and tell me 'What really I lack to put in this abstract?'


P.S. - Sorry for my long delay of writing as i m suffering from examination fever, so as soon as i will come out from this horrible and unusual fever I will start posting blog regularly. Till then enjoy my these posts which I have already written months before. And please TAKE CARE OF YOURSELF......DO YOUR VOTE WITH GREAT CONFIDENCE...

Monday, April 20, 2009

HAIRY TALES...

[This article is dedicated to all bald peoples or those who is on a stage of becoming bald. Well I find this article in Times of India’s editorial page. It is beautifully written by Skand Shukla, he described each and every aspect and psychology of a person who is on a stage of baldness. Unfortunately I am also among the list of those peoples who is having this pathetic, pitiable, miserable, poor problem of Alopecia. So like all poor hair loosing peoples I also find this article very interesting. I believe you peoples also enjoy it.And please readers don't forget to give your precious comments at least for this article.]


Those were dreadful days. My eyes inevitably turned towards the bathroom floor, the towel and the comb to see how many had been lost. Still in my mid-twenties, the thought of going bald was nightmarish. All tricks were tried to retrieve every lost hair — getting tonsured during monsoon; applying exotic oils, henna, egg-yolk; washing hair with all sorts of things like reetha, shikakai, lemon-juice and cleverly advertised shampoos with bewildering ingredients — actually, almost anything anybody suggested. The barber was asked not to massage one’s head too strongly lest the endangered species fell faster. A comb was a must in the back pocket to straighten any strand gone awry, lest a bald patch was revealed to unknowing classmates, girls in particular. New styles of combing hair were devised to cover the sparse spots. Medications were sought to bring back my lost glory. Even the promise that a particular medicine would not grow the hair already lost, but retain what remained, was music to my ears and raised my dampened spirits. What bouts of envy were endured whenever someone with dense foliage was seen! How small one felt when someone taller stood by one’s side! For he could certainly see my balding pate. But with time, as my hairline receded further, it was no longer a secret. I approached my late twenties and then, even my family started expressing concern. Who would marry a bald man, they started thinking.
I, on the other hand, turned to cultivating a sense of stoic resignation to the inevitable. Beliefs like a bald person is blessed with riches, his personality manifests maturity and intelligence, he need not trouble over greying hair, and that God hid with hair the heads he didn’t like were held strongly to maintain a confident self amidst those copiously gifted with plumage. They are things of the past. I don’t look down on the bathroom floor, on the towel and the comb now. No hair can be found on them because none are left on my head to fall. I still have one problem, though. When washing my face it is difficult to know where the forehead ends and the head begins.

(Please take care of your HAIR hehehe...)

Wednesday, April 15, 2009

LET US BE THE CHANGE WE WANT ....

Well yeah ok, I understand the ad-nauseam created by the election rampage with democratic dance; it is one of the biggest fest of India which whole of India celebrates it with great ‘non-patriotic’ politics.
From political parties to non political organizations both launched themselves into the campaign, some for the greed of votes while other for the grief of votes and these campaigns grow louder day by day.
The race for the seat of 15th Lok Sabah is on a high; all the political parties are trying to woe the voters by preparing and publishing their party’s manifestos. If one is promising to back the money from the Swiss bank, then the other one is calling for the list of those money drainers. The congress party is trying to save their butt from the recent terrorist attack while the BJP is blaming the congress for not providing the security to the nations.
In this general election, Varun Gandhi is a founder and initiator of hate speeches, so just after him our Congress leader Srinivas made a hate speech, he said, “I m ready to chop my head off for the welfare of the minorities. I will cut off any head if that tries to point a finger at the minorities”, and now our Railway minister Lalu Prasad yadav also added in a league, he said, “ if I had been the home minister, I would have run a roller over Varun Gandhi for his hate speech against Muslims”. Well it looks like a battlefield of hate speeches against each other. (Poor minister can only do war with their tongue, what else they can do at the age of 60 plus).
Recently I saw another sign of releasing the frustration over the ministers – throwing shoes on them. And the first scapegoat became our Home Minister P. Chidambaram who on a press conference got a big RELAXO juta from a Sikh scribe. Thanks for the revolution started by the Iranian reporter who threw a Juta on President George W. Bush…ooops Ex. President.
Somebody told me that the real elections will be held after the results are declared, because the results might not determine the final complexion of the government and they are expected to throw up choices and amalgamation of political parties. If anyone knows the best use of the Permutation and combination then no doubt it is our ministers only. They do all types of combination and permutation for their parties to be in a government.
Ok let’s talk about the candidates for the seat of PM: -
First, Rahul Gandhi – he will step in only if the congress gets a full majority on its own. He will not become the PM of an uncertain coalition. Then the chance of Rahul Gandhi is quite low.
Second, Manmohan Singh – he will be the PM if a congress – led UPA coalition comes back to power. The chances are high for him.
Third, L.K.Advani – he will be PM if either the BJP wins on its own, or leads a coalition government to power. This will be his last chance to lead the party. The chances are high for him also. (if Advani ji would not able to conquer the seat of PM, then probably he will have a heart attack as he is trying from Vajpayee’s days.)
Fourth, Mayawati – her chances of becoming PM are very bright if she gets over 40 Lok Sabha seats. She can lead a Third Front, NDA or even UPA coalition without any qualms. (But don’t worry, she is having a less chance)
Fifth, Nitish Kumar – he has good chances of becoming the PM of an NDA alliance. He could emerge also as a consensus candidate for the Third Front, particularly if Mayawati does not do as well as expected. But after his interview he cleared that he doesn’t want to be PM as he is happy to be a CM of Bihar. That’s what I call a Bihari effect.
Sixth, Sharad powar – he can be the ‘Dark Horse’ backed by regional parties across the board for the post of PM. But then also the chances are not so good for him.
These are the six candidates who have some chances to be our fifteenth Prime Minister. The real fight is between BJP and CONGRESS i.e. Manmohan Singh vs. L.K.Advani. But as I told you earlier also it is all guesswork, the real politics start after the result of the elections.
So I will just say, “FORTUNE + VOTE FAVOURS THE CANDIDATE”
Well after this whole discussion the question is arising whom the Indian voter will vote for?
The government is continuously trying to flourish the education to exercise the adult franchise, but what we need to understand, whether the vote given by the voters really matters or helps the democracy to fledge its hand or it is just going to elect another criminal to the parliament?
About one-fourth of the members of the parliament are having some kind of criminal backgrounds, criminalization is so deeply entrenched into the political system. Not that every parliamentarian is a criminal but then being in the same political party of criminals, doesn’t make them any less criminals. We don’t have any other choice, if we are going to vote then either we have to vote for criminal or Anti Indian. This is the condition of Indian political scene, which we take a proud that we have a democratic form of government.
In our constitution of India there is a provision in the section 49-O “not to vote”. If we don’t want to vote for any of the political party, then we can vote for ‘not to vote’. And if the ‘not to vote’ ballot is more than the other ballots then the whole candidature would be barred by the Election Commission. But I believe this provision is also having a loophole that is why it is not par by the Election commission.
As stated in some magazine, if you go purely by statistics then it is a fact that almost half of the educated people don’t care for he vote, not because they are unpatriotic but because they are educated and they realize their votes don’t bring the change in the system. But if they see any hope in the candidate, they will definitely go and cast their vote for him. So real voting, therefore, can happen only when we have the real hope that change is going to happen. Till then whether it is Amir Khan or Sanjay dutt appeal from the voters to go for vote, nobody will go and vote for the criminalization of politics.
It has became a long article, sorry for the boredom. But in the last I would like to light an appeal to my readers that don’t waste your vote by choosing any anti-national or criminal candidate or don’t go for vote just for a vote but go as to bring the change. Try to judge the right candidate doesn’t matter whether it is from BJP or Congress but the vote should be like a Vote. So that, in Future we will also say like Americans,“Yes we can change; we can bring the change we want…”

- MOHAMMED FARHAN KHAN