Monday, May 19, 2008



MALLIKARJUNA SHARMA Says: May 19, 2008 at 10:31 pm
I think the open borders should continue and it is the Nepalese who benefit most from it. Introducing visa by Prachanda will also mean Nepalese have to get visa from India too and that will affect the livelihoods of millions of Nepalese who periodically come to India to make some money and go back home. Prachanda should not be swept by national chauvinism. Likewise India and China cannot be equated. Nepal had, has and will have a special relationship with India. It is almost like a border state of India and the people there I found to be so comfortable with Hindi and relations with Indians (except of course any exploiters among them). If there are any other specific clauses and instances of injustice to Nepal those should be discussed threadbare and sorted out in a spirit of friendship and mutual cooperation. Of course a review of the treaty and subsequent arrangements there should be.

Sunday, May 18, 2008

Editorial of LAW ANIMATED WORLD, Vol. 4: Part 1, 15 May 2008, No. 9 issue

A world law fortnightly published from Hyderabad, India.
Editor: I. Mallikarjuna Sharma
ADVISORS: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi).
Volume 4: Part 1 15 May 2008 No. 9
1. May Day Message 1
2. Law News: $1.4 trillion Indian ‘Black Money’ in Swiss Banks 2
3. Lakshmi Bai: Rani of Jhansi 3-4,by I. Mallikarjuna Sharma 73-74
4. Ashoka Kumar Thakur v. 5-32,Union of India (IND-SC) 45-72
5. RTA v. Grand [AUS-HC] 33-44
6. May Day: Made in America 75
7. May Day Poems Walter Crane and Alfred Hayes 76
Pictures: Left to right: 1. May Flowers; 2. Militant worker; 3. Labour Armed.
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It is not only a jolly holiday for workpersons all over the world but is also their fighting day and as rightly stated by Old Al, it is the workingman’s New Year’s Day. It is also a day for dedication of all democracy and liberty lovers to the cause of labour and the general welfare of the masses. However, we find that the situation of the working classes in our country is quite bleak and though we have a high-sounding Constitution and some labour welfare statutes too, in reality there are no proper institutional safeguards and remedy mechanisms to quickly resolve their disputes. So much so that while the better placed, status-holding government employees walk away with several monetary, statutory and other benefits from time to time, the ordinary workpersons are deprived of even the basic remedy of knocking a labour court directly, except in cases of unjust termination. The superior courts are also not paying due attention to their weals and woes, and in these days of fast progressing LPG economy, they are prone to lend more attentive ears to the employers. Writ petitions by needy employees in various High Courts lie pending for years together without even minimum interim reliefs granted. The cosy airconditioned environment perhaps makes them forget the blistering conditions of the working people for whom the ultimate justice may be too late when, if at all, it reaches. We are not able to understand why workmen should be barred from directly going to a labour court for the many grievances they have, when the more comfortably placed Government employees can directly approach an Administrative Tribunal for all and sundry causes. Needless to say, it is only a militant upsurge of the working classes for quick remedial justice that can win them their just rights but are the Indian workers in a position to rise up and agitate? §§§

Sunday, May 4, 2008

Yearning for Independence - Editorial in 30 April 2008 issue of LAW ANIMATED WORLD


was quite evident among the Tibetan diaspora all over the world, when, following the bloody demonstrations inside Tibet in March this year, spirited demonstrations were held in various cities of the world to stall the march of the Beijing Olympics Torch. Though Tibet is recognized as an integral part of China by many countries of the world, including India, several European countries and even USA, it is also true that there has been widespread sympathy among democracy lovers in the world towards the Tibetan national movement, mainly emanating from Dalai Lama, the spiritual cum temporal head of that community, taking refuge in India since 1956. Although it is also true that China has more valid claim to the ‘title of Tibet’ than India has for Kashmir or Nagaland, the scenarios are different in the two countries. Unlike in our relatively open democratic setup, in the closed state socialist, or state capitalist, system of China it becomes extremely difficult to gauze the actual situation in the contentious territory. No title deed however valid can hold against the express aspirations of the inhabiting communities of a territory. It seems that this time the protests inside Tibet have been far more widespread, and the Tibetan national sentiment more acute and articulate than ever in the past. Up to the Eighties the Chinese themselves used to stress that “Countries want independece; nations want liberation and people want revolution,” which saying may be more true nowadays. As such it would behove well for the Chinese regime to quickly take remedial steps to protect the Tibetan national identity and also for some real devolution of power to assure their autonomy. And for that the Chinese should immediately start negotiating with Dalai Lama and other leaders of the Tibetan national movement §§§