Law Animated World brochure

LAW ANIMATED WORLD

A world law fortnightly published from Hyderabad, India.

Owner, Printer and Publisher: I. Balamani
Editor: I. Mallikarjuna Sharma

ADVISORY BOARD: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer, O. Chinnappa Reddy,
B.P. Jeevan Reddy (Former Judges, 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).

This is a journal meant to inform the public about the necessary details regarding important developments of law all over the world thus contributing in general to the cause of human progress and welfare. We are all members of one great human species and it is the grand noble ideal always projected in our country since very ancient times to view the entire world as one family - vasudhaiva kutumbakam. This law fortnightly has been formally started in March 2005 but prior to that for one year it appeared in almost regular fortnightly bulletins. We are committed to the ideals and causes of progress, democracy, liberty, equality, fraternity and human welfare in consonance with environmental improvement and universal harmony. Politically we are dedicated to and so would like to project the virtues of scientific socialism but at the same time we refrain from being closed-minded and try to be in the know of and also report about the various other streams of thought and analysis abounding all over the world. As the title of this journal indicates we largely confine its scope to law-reporting with, of course, occasional and necessary incursions into the fields of economics, sociology, history, politics and culture. This is no ordinary law reporter but a unique journal of its type in our country. We will be making, as and when necessary, some ‘ruthless criticism of all existing conditions’ in the columns of this paper in addition to reporting valuable judgments and decisions by various international and foreign courts and forums including, of course and occasionally, our own courts. The goal of scientific socialism we will never forget but it will be enriched and modified as needed by considerations of liberty, democracy and humanity. Hope the readers would understand and appreciate our ideals and intentions and wholeheartedly encourage and assist us in our endeavours.

We are grateful to the many friends and well-wishers who have so far extended their moral and monetary support. But there is great need to rapidly increase the circulation of the journal and also augment its lean coffers. We request and hope that many more friends and well-wishers would come to our aid and appeal to one and all to publicize this journal, enroll more subscribers, enlist liberal donors and also try securing some advertisements at least.

The annual subscription for this law fortnightly is fixed at Rs. 800/- (Rupees Eight hundred only) for the year 2009.* Life subscription is fixed at Rs. 9000/- (Nine thousand only) Advertisement tariffs:- Inner cover page: Rs. 8,000/-; Full page: Rs. 6000/-; Half page: Rs. 3000/-. Subscriptions/Donations/Advertisement charges may be sent by Cheque/DD/MO in favour of:
LAW ANIMATED WORLD to I. Balamani, , 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, HYDERABAD-500082 {Ph: 040 - 2330 0284; E-mail: mani.bal44@gmail.com} – Rs. 75/- to be added towards bank charges for outstation cheques.

 

 

 

[I. MALLIKARJUNA SHARMA], Editor                                                        [I. BALAMANI], Publisher

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* Subscriptions whenever paid will count from January to December of the year (back-numbers of that year will be supplied to the subscribers). Annual subscription $ 150 abroad (postage extra).

Editorial: 'LALGADH: A 'LEFTIST' LETDOWN in Law Animated World, Vol. 5, Part 1, No. 12, 30 June 2009 issue

LALGADH: A ‘LEFTIST’ LETDOWN

A basically political animal he is, this editor has been keenly enquiring about the socio-economic developments, and the pros and cons of the left front government, during his frequent trips to Bengal ever since 1985. It was appalling to find that save for the initial radical measures to better the deprived share-croppers and empower rural masses to an extent, no other welfare/construction schemes were taken in a big way there. For instance, there have been no large-scale housing schemes for the poor and lower middle classes and whatever low/middle income group colonies exist are all conceived, planned and built during the good old B.C. Roy era. Even the prestigious Salt Lake, which the leftists so vociferously opposed those days but so luxuriously populate these days, was the vision and work of B.C. Roy. The public distribution system there is woeful. So, the plight of the more distressed rural masses and tribals could be easily imagined and all said and done, the non-communist southern states’ governments were administering better, in a more social welfarist manner. No wonder the Left Front began to rapidly lose support among the urban masses first and now, due to its about-turn-policies of supporting the LPG policies, even in rural areas. The recent rebellion in Lalgadh, once a left front stronghold but now considered a Maoist citadel, illustrates the tragic consequences of this ‘leftist letdown’. But, beware Maoists, their glee at the predicament of the parliamentary left there may also not be conducive to people’s real interests. More distressing is that by such precipitation of events, and due to their violent armed actions – and that unmindful of the recent international developments, especially the debacle of the LTTE and the crisis in Nepal – they have given occasion to the central government to outlaw them all over India and this would certainly damage their prospects considerably, though not totally. Their belligerent actions and attitudes may not win them the hearts and minds of the masses at large and would in noway further any common leftist ideal of establishment of democratic socialism in the country either.   §§§

Editorial 'Electoral Fraud in Iran' in LAW ANIMATED WORLD, 15 June 2009 issue

ELECTORAL FRAUD IN IRAN

 

 

 

 

      Ahmadinejad with ‘V’ smile         Mousavi supporters on streets                          Mousavi

In what may be called the biggest crisis in Iran since the days of Islamic Revolution in 1979, lakhs of people have come out into the streets in Teheran to protest against the massive electoral frauds behind the so-called landslide victory of the incumbent President Mahmoud Ahmadinejad in the recent presidential election held there. Curiously nobody doubts the existence of frauds and rigging in the elections, but only as to how far such ‘irregularities’ might have influenced the outcome of the election. Though Ahmadinejad’s progressive challenger Hossein Mousavi had a definite edge over his rival in Tehran and many other urban areas of Iran, it was also a foregone conclusion that in the predominantly rural areas the appeal of the incumbent President was and is irresistible. So much so that a Washington Post opinion poll, conducted three weeks before the voting, had predicted the President to win by 2:1 margin which is even slightly higher than the now announced margin and so there is a possibility that the outcome after all reflected the popular will in the end. However, Ahamadinejad’s  reelection is seen as a victory of the religious fundamentalist, dictatorial forces and all democratic, secular and progressive forces from the centre to the extreme left are now jumping into the movement in support of Mousavi, reputed to be ‘honest, humble and a supporter of masses’ and was a former premier for about nine years. Though there may not be any radical change in the foreign or especially nuclear policies of Iran whoever gets elected, Mousavi is expected to bring home a new breeze of democracy and good governance. The Iranian election system seems to be very defective with no proper polling booths and the voting almost direct and especially the rural voters could be duped easily. And the counting seems to have been done at incredible speed. Now that even the Guardian Council of religious heads has agreed to probe into the rigging complaints, can we hope for some salutary developments there or would favouritism and Islamic reaction raise their ugly head and exacerbate the popular outrage still further? §§§

Editorial 'A Star has fallen' in LAW ANIMATED WORLD, 15-31 May 2009 Summer Special issue

A STAR HAS FALLEN

                                                                              Praba        with                                                              

 

 

 

 

 

                                      Fallen Prabakaran                                         Dwaraka , Mathivathani & Balachandran

VELUPPILLAI PRABHAKARAN is no more. Amidst utter anguish and disbelief we are constrained to acknowledge that at last the star of Sri Lankan Tamil Eelam has fallen. Not just the leader but his entire family – including wife Mathivathani, daughter Dwaraka, sons: 24-year old Charles Anthony and the 11-year old Balachandran – has been vengefully wiped out in a gory passion of barbaric vendetta by the ‘civilized’ Sinhalese who gave a public assurance that they would hand over the bodies to an undertaker and not just throw them into the seas. But ultimately a Sri Lankan General asserts that Prabakaran was cremated and his ashes thrown into the sea. Oh how can they do that – and that to a virtual Head-of-State!? The UN, its Human Rights Council, the International Red Cross and the Norwegian peace-brokers – where have they all gone? Has the LTTE not several times, even if not regularly, handed over the bodies of the Sinhalese dead to the Red Cross? Even the worst dictators have not acted in this maniac fashion it seems – why, the dead body of Zulifqar Ali Bhutto had been flown to Larkana and a mausoleum allowed to be built there which turned to be a centre of pilgrimage and of democratic resistance to the military rule. This one incident is sufficient to show how cruelly the Sri Lankan regime has trampled upon the basic human rights of Sri Lankan Tamils and indulged in a terrible genocide. A hero of a people has been treated worse than a beggar on the street and deliberately humiliated. Not just the Tamils but no civilized community on earth can ever tolerate such enormous war crime which is but one stupendous sin amidst hundreds of such others taking a toll of nearly 20,000 civilian lives in just a few months of the final battles. While paying our reverent homage to this intrepid martyr, we demand a habeas corpus from the international community and also that it wake up at least now and try the Sri Lankan regime for war crimes in an International Court of Law §§§

Editorial: "Electoral Equations and Eelam" in 30 April 2009 issue of LAW

ELECTORAL EQUATIONS AND EELAM

Prabakaran

Will his be the last laugh?

KK

Jayalalitha Vaiko

A poet had so beautifully put it that ‘in the womb of every defeat lies hidden a victory’. This exactly seems to be the case with the much hunted LTTE leader Prabakaran. Precisely when on the brink of total defeat and possible capture/death, his popularity has shot to meteoric heights. It may not be an exaggeration to say that he is the most charismatic and popular figure in Tamil Nadu today and the entire Tamil Nadu politics, especially in the background of the coming parliamentary elections in May, is revolving round the horrible plight of Sri Lankan Tamils and the tragic situation of the LTTE facing complete liquidation exacerbated by the sting of Sri Lankan victory howls which cut at the self-respect of Tamils all over the world. Leaders of the like of Ramadas, founder of PMK, have likened him to Netaji and lauded him as a great freedom fighter. Truly one man’s terrorist is another man’s freedom fighter, and that is why and how, despite the grave blunders and excesses by himself and the LTTE, Prabakaran has become the apple of the eye of a majority of Tamils. And today, even Jayalalitha, once bitterly opposed to the LTTE and herself hunted by them, turned a strong supporter of Tamil Eelam, of course election gimmicks forming a big part of her passion. And Karunanidhi should be reminiscing his days of rapport with Periyar and the good old Dravidanadu campaigns. We already know Vaiko of MDMK being a great fan of Prabakaran. Earlier once we had already cautioned that unless something urgent and meaningful is done for relieving the impasse of Sri Lankan Tamils and the mindset blaming LTTE for everything is changed, Tamil Nadu itself may burn in future. Prabakaran live or dead is going to be a big problem for India and wisdom lies in keeping him alive and free and try negotiate and settle with him. We reiterate the same lest the Tamils all over the world, in no distant future, should look to shift the demand, location and flames of Eelam to Tamil Nadu itself §§§

Editorial: "Make It Fundamental" of 15 April 2009 issue of LAW ANIMATED WORLD

MAKE IT FUNDAMENTAL!

May be startling but it is true that, albeit a constitutional provision that elections to parliament and assemblies are to be on the basis of adult suffrage, the right of universal and equal adult franchise through secret ballot is not a fundamental right in our constitution – this despite the clear assertion in Article 21 (3) of the Universal Declaration of Human Rights 1948 that “The will of the people … shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedure” and the initial discussions, though scanty, in our Constituent Assembly to make it a fundamental right. Also no amendments to that extent were tried even later though the International Covenant on Civil and Political Rights 1966 [ratified by India in 1979] also declared that “[25(2). Every citizen shall have the right and the opportunity …] to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guranteeing the freedom of expression and will of the electors.” We find many drawbacks in our election system stifling the people’s free choice to elect and get elected. An arbitrarily appointed Election Commission is vested with wide discretionary (say near-arbitrary) powers and the courts are prohibited to intervene whatever the blunders committed by it until after the elections. Several thousand persons, with voter identity cards even, do not find place in the electoral rolls, but no remedy is available to them as superior courts refuse to intervene except in case of ‘by way of election petition after elections’; also genuine electors barred to contest election due to capricious rejection of nomination forms on hyper-technical grounds have nowhere to go for immediate relief. But if the right to vote be made fundamental, the superior courts would be in duty bound to conduct judicial review and reach requisite immediate justice. Hence we want such right to be made a fundamental one and we have no doubt that this demand will get widespread support. §§§