Human Rights Law » Fundamental Rights

Basic Human Rights For All

Admin — Wed, 07 Jul 2010 10:02:44 +0000

As a culture, we ask the fundamental rights of freedom from violence, oppression, physical threats and discrimination. Unfortunately, we do not have any children count as part of humanity.

It seems clear that many of us are obviously with the idea that children should not be treated with less respect than other human beings printed. In fact, even some of the contributions and existential equality is not yet included children as part of their philosophy.

Many of us will find very difficult, the idea that children should enjoy the same rights we demand for us to know even granted. This kind of thinking prevails, despite the fact that it is useful to the children more compassion and tolerance towards their daily behavior. In view of the innocence of children and their lack of understanding or knowledge about how they should behave according to expectations set by the culture, one might think that we should be less punitive actions against children that we are there for us on a daily basis. Although they are delivered as beginner students, such as cultural expectations and ways of the world, we adults, on the other side, no justification for not having the rules of society. However, we would like to have the adults that we ask are not even threatened with the treatment of a violent nature, I might add, includes hitting, Swati, raps, taps, feels, or kicking. Even our most lethal adult prisoners are protected by law against corporal punishment as a means of discipline routine.

It seems to me that if someone is worthy of physical pain as a means of punishment, it should we adults than children. Finally, we should already know us, the rules of society, while the children are still trying to learn what is expected of them. Of course I’m not saying someone will be exposed to physical pain. But if we are forced to suffer physical pain punitive damages, we consider such treatment to inhuman, cruel and unusual punishment, mistreatment, torture and even in some cases. While many support the idea of children as a punitive measure, he is beaten, it is often the same people crying foul never approached for the same reasons.

Some people find it difficult to conceptualize more valued in our youth. This attitude is harmful as a major obstacle in the way children are worthy to be sufficiently considered as viable members of the human race with the rest of us looked. Until we have such thoughts behind us, it seems unnecessary to propose that we broaden our definition of “justice” to include children under treatment, we consider ourselves as fair, just and humane.

I do not think any of us the wisdom and humanity through the Christian principle would have offered to deny, “What goes around, what you want them to do you.” Most of us love this idea when it comes to the interaction with other adults. But we all know that around when it comes to treating others as we like to be treated, most of us do not include children or people as “other.”

There was a time in our history when “we excluded the people of slaves, women, Native Americans and immigrant groups as well as children. Well, times have changed and we can be proud of the social progress we have over the years us to develop a higher degree of social complexity. As evidence of this fact we can have on the equity we have just to minorities and women by giving them the equal protection of the law, which was previously known only shown by white men.

It seems to me that if we are on our way to the continuous progress of our social progress, a logical question now is stay must address one of our last remaining bastions of society, double standards and discriminatory treatment .. .. Lack of status of children given in our society. Of course there are development issues for children who limit their full participation in adult education to serve our world, but that did not influence the independent circumstances of equal protection before the law.

There is certainly no reason why we can at least discussing the issue of children the same protection against violent treatment that we have adults. As defined by the law of the country, a man in her ass woman against her, is guilty of domestic violence, assault and / or domestic violence. These laws were designed to deter the violent husband physically discipline his wife, and serve as a means to better protect their welfare in the future. A further step forward in offering children the same level of protection from violence that we offer for adults. Nevertheless, such additional protection for children gives us another reason, encouraged by our continued efforts for social progress feel, we become a society with a higher degree of social sophistication.

A note of mothers spanking

They want equality in the relationship with your husband, of course. You would not believe it would be for him to get you to disobey spank him or make repeated mistakes just because they are bigger and stronger than you acceptable.

I totally agree with you. But given the circumstances, I would ask, “What makes you more vulnerable to abuse a child?” You can say you do not deserve to be hit, but so would every child. It’s not really an argument. One can say that the relationship you have with your husband is “different”. But no love relationship is “different” when dealing with a loved one violently. You can say you are “responsible” for your children as an excuse to attack them, just as I, position that man is responsible for his wife and therefore have the right to take “keep in line” to distinguish it from a discourage interference in public and tell him to stop the same mistakes all the time. For every excuse you can to justify the beating of children state, I can counter punch with the same kind of excuses for chauvinist men their wives as a means of discipline (like many husbands past and unfortunately some still do).

The difference is that they are abused, “” if you lose against your will, while your children. I’m just asking, what do you think you’re better than the child, and therefore deserves a respectful treatment. Is it because you think that beating could be more dangerous for you, as if it were a child?

Just as you would like mothers are legally protected from the threat of physical and psychological damage to the hand of a man of intimidation, and must be of your children the same way to be protected in the hands of a relative of intimidation.

A note to fathers spanking

Traditionally it was the male species that were most guilty of denying the fundamental rights of those as small and weak. We men have is the philosophy of the practice of “power law” since the beginning of recorded history. Perhaps we have come a long way from our caveman ancestors sliding pivot. But the people, it is time that we developed over the atavistic tendencies. We have already developed far beyond the normal physical punishment as a means of perpetrators and women take control. Take the next step in our level of humanity, as we backed the physical punishment of children.

We know from the testimony of many (including small children are ill-equipped to deliver), that all adults emotionally hurt by threats or violence in varying degrees, regardless of whether violations occurred. The irony is, sadly, is that children are more vulnerable, emotional damages suffered as a result of violence (including threats) that we are adults.

The Ins and Outs of double standards and discriminatory treatment

For those of you who are not aware of a “double standard” is a different genre, ethnicity, race, religious group or age group think, in terms of less than where an individual is defined as a party. These groups of society as “less valuable,” “low,” “suspect, looked down on those segments of humanity have always been victims of unfair and discriminatory practices of the majority, the ruling class, and / or those in power.

Our history of man is filled with examples from various social groups treated with a double standard in their respective societies as a whole. And even if we say with certainty that the existence of these two standards have declined over time, we have not yet developed to the point of social sophistication that we put an end to all unjust double standards.

Women, especially women, were victims of a double standard of the most consistent of all time, and still suffer this unjust terms, compared to negative to them by men in many parts of the world. In women of our culture now generally granted the same respect, consideration and protections that people always wanted for themselves, the children run as the last segment of our society still acceptable victims of a double standard with regard to legal protection against the threat of physical violence and emotional. In this context, children are denied their basic rights.

We should never forget that in a relatively short time in our history when women were legally beaten with switches. But they were not “beaten” to the extent that their men were involved …. they were simply punished only to disciplinary action. The language was then used as a reflection of a double standard for women, parents now share the same language to describe the treatment of their children under a double standard. Men have a different language to describe such treatment for themselves … They called attack.

It is not enough to stop asking parents to spank their children without their first experience with a change in attitude towards the education of children. If children were still held in a double-standard, we would see less physical harm to children after the abolition of the practice of corporal punishment. However, we would still be the devastation of emotional damage to children as a result of being a double standard therapy. The persistence of this double standard to continue to see children treated with contempt in the form of contempt, dismissal, insensitivity and severe account.

If we consider children a part of humanity, it is time that we are into the fold to the possibility that our youth could be considered sensitive to the emotional pain treated with contempt as we adult.

The larger issue at hand horse is the fact that all adults, even the worst criminals in prison, the law of corporal punishment as a disciplinary action practice are protected, while leaving the children are excluded from this legal protection. This inequality is a reflection of discriminatory prejudice against minors at the company … Bias is known as age discrimination.

Age discrimination is just as difficult to overcome a social problem than the misogyny of bigotry and racism, as these behaviors of the same behavioral traits (an irrational prejudice, misguided and wrong are other disadvantages). Are the objectives of intolerance can vary harmful, the basis of group bias remains the same. The macho vision of his wife as a sexual object ownership is also an attitude that the woman is held in lower regard than their male colleagues saw. The basic problem lies in what a man with an attitude of superiority over women. The racist views of the target group as “inferior” and is on a lower social status, which is attributed to rationalize as acceptable.

I want the story were used by the rationalizations as an excuse for the “physical discipline” is in essentially the same for the slaves, women and children. In general, these excuses the removal of offenders’ error ‘,’ disobedience ‘or’ safety issues have contained.

The elimination of prejudice group presents a major challenge. We have ways that we can create really find understanding, raised a higher level of consciousness, and an increased level of empathy. It is difficult, because those who harbor such prejudices are rarely people who have a burning desire, her attitude towards those they consider change, poor people themselves. In addition, these prejudices common guidelines, which have deeply instilled in her early formative years. This is a development stage where learned behavior can manifest itself as a deeply held beliefs. These perceptions are also known as bigotry.

We should do our best on the inhumanity of the age discrimination socially in the same way that we are already well advanced on the inhumanity of the socially accepted racism and misogyny to move welcome. Given this, I support the idea that children should have the same social protection from violence as enjoying the rest of society enjoyed. After all, it is simply a position calling for the basic human rights for all of us.

All that you should know about Right To Information Act, 2005 of India

Admin — Wed, 16 Dec 2009 11:27:36 +0000

From Mr. R.S. Praveen Raj, http://secularcitizen.net/

Right to Information viz. RTI is a part of fundamental rights under Article 19(1) of the Constitution, which says that every citizen has freedom of speech and expression. The people cannot express themselves unless they know what’s happening in the systems that govern them. Every citizen, being the tax payee has the authority as the masters in a democratic system to know how the government bodies and public authorities, meant to serve them, are functioning.

But it is quite unfortunate that the Government authorities are still hesitant to part with the information under their control. It is in this context that the recently passed ‘Right to Information Act’ becomes very significant. Right to Information Act, 2005 is a public drafted legislation to set out a mechanism to avail information in the hands of Public authorities and Government Officials. It does not confer any new right, but simply lays down the procedures on how to apply for information under the control of public authorities, and how to avail it.

The preamble of Right to Information Act, 2005 says – “Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed”. As sounded by its preamble, the Act envisages a corruption-free and transparent governance and polity. The Act covers not only the Executive, but the judiciary and the legislature also. It extends to the entire gamut of central, state and local government systems including those bodies owned, controlled or substantially financed by government and also those Non-government organizations substantially financed, directly or indirectly by funds provided by government. Information relating to any private body that can be accessed by a public authority also comes under the ambit of RTI Act, 2005.

The RTI Act defines “Information” as any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material held in any electronic form. It is interesting to learn that “Right to Information” also covers

Inspection of work, documents, records; taking notes, extracts, or certified copies of documents or records; and taking certified samples of material. It implies that any citizen can exercise his right to invigilate the transparency and accountability of governance or even insist that a particular civil work be performed in his presence. Any citizen can avail a copy of every bill settled from funds controlled by any of the public authorities and even the statement of accounts of every activity/project/event funded or organized by the Public Authority. Public authority is also obliged to provide reasons for its administrative or quasi-judicial decisions to affected persons, and publish all relevant facts while formulating important decisions affecting the public. Another interesting aspect of RTI Act is that there is “Penalty for forfeiture of information”.

Section 4(2) of the Act says that “it shall be the constant endeavor of every public authority to provide as much information suo moto to the public at regular intervals through various means of communication, including internet, so that the public shall have minimum resort to the use of this Act to obtain information“. So the dream is the change of mindset from maintenance of Official Information in Secret to Maximum Voluntary disclosure of information.

            Having told the philosophy of Right to Information, it is imperative that the ways and means of availing the information shall be set. So the RTI Act directs that ‘

Every Public Authority shall designate as many Public Information Officers (PIO) in all the administrative units or Offices under it as may be necessary to provide information to persons requesting information”. PIO is also required to help any person making the request orally to reduce the same in writing. The Act further stipulates that “every public authority shall designate an Officer at each sub-divisional or other sub-district level as Assistant Public Information Officer (APIO) to receive the applications for information or appeals under this RTI Act for forwarding the same forthwith to the respective PIO or 1st Appellate Authority or Information Commission. The Burden of proving that PIO/APIO has acted reasonably and diligently in discharge of his functions or obligations under RTI Act will be on the respective PIO/APIO.

            PIO may seek assistance of any other Officer as he or she considers it necessary for the proper discharge of his or her duties. Section 5(5) of RTI Act says that such Officer will be deemed as PIO for the purposes of providing the information requested. All the Burden including liability for Penalty on defiance of information will stand transferred to the Deemed PIO, if PIO transfers the request to such Officer with a note indicating the same

            The Request for information has to be submitted to PIO or APIO in writing or through electronic means in English, Hindi or Official language of the area with a nominal Fee of Rs. 10/-. (There is no fee for persons Below Poverty Line). PIO can demand additional sum of Rs. 2 for each page created or copied for giving it as information to the requestor or Rs. 50/- per diskette/floppy if the same is given in electronic form. Incase if Inspection of work is requested no fee is chargeable for the first hour, but Rs. 5/- each for every subsequent hours.

            The Act mandates that the PIO shall provide the requested information as expeditiously as possible, but in no way later than 30 days. However the public authorities can take 5 days more to part with the information sought, if such request is made through APIO. But in any case where the requested information involves the question of “life or liberty”, such information should be given within 48 hours.

Section 6(2) of RTI Act makes it clear that a person requesting information shall not be required to give any reason for requesting the information or any other personal details. However this freedom implies that the citizens shall show a greater sense of responsibility on the part of the use of information in the media and elsewhere. (Dissemination shall be in Public Interest.). In view of the national security, Intelligence and Security Organisations such as IB, RAW of Cabinet Secretariat, BSF, SPG, CISF, DRDO, Special Branch CID of Andaman & Nicobar, Directorate of Revenue Intelligence, Narcotics Control Bureau etc. have been exempted from stringent provisions of the RTI Act. But it is very interesting to note that the information pertaining to the allegations of corruption and human rights violations are not exempt from disclosure even in the case of those organizations. That conveys the very intention of this Legislation.

            Now comes the real question – What is the remedy if the requested information is denied? RTI Act establishes an Independent and Non-judicial appellate mechanism in which a body called “Information Commission” (Central Information Commission and State information Commissions) has been set as the apex body. Further Section 23 of the Act asserts that ‘No court shall entertain any suit, application or other proceedings in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act’. But this provision cannot be interpreted as a complete bar on jurisdiction of courts, since the options of Writ petitions and Special Leave petitions always subsists. Information Commission also would entertain the complaints from any one who is aggrieved on account of any matter relating to obtaining information under this law including the cases where the public authority refused to accept the RTI Request.

            In order to give an opportunity for the ‘public authority’ to review its on decision as to the denial of Information requested from PIO, the Act requisitions that an Officer senior in rank to PIO be appointed as the First Appellate Authority, to whom the aggrieved citizen can appeal within thirty days of expiry of time limits within which he/she should have received the information requested. The First Appellate Authority (AA) shall ordinarily dispose of the appeal within thirty days or latest by the forty-fifth day with reasons for availing such prolonged period. An appeal to the respective Central or State Information Commission may be made within a period of 90 days from the date of decision of the Appellate Authority or from the date of expiry of time limit for the disposal of the first appeal made before the first Appellate Authority.



Information Commission may, at the time of deciding any complaint or appeal, impose upon PIO, a fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, if he/she has without any reasonable ground: refused to accept an application for information; or delayed furnishing of information; or malafidely denied information; or knowingly given incomplete, incorrect, or misleading information; or destroyed information that has been requested; or obstructed furnishing of information in any manner. So the Act has teeth; it can not only bark but bite also. But of course the PIO will be given a reasonable opportunity of being heard before any penalty is imposed on him

. The RTI Act extends its arm further to declare that if PIO persistently violates his obligations under RTI Act, Information Commission shall recommend for disciplinary action against such PIO under the service rules applicable to him.

            Though the Right to Information Act moots complete transparency in the governmental system, it is also equally important that the strategic information pertaining to the State and any personal information devoid of larger public interest be exempted from disclosure. Accordingly Section 8 (1) of the RTI Act bars the disclosure of the following information.

a)      Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

b)      Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

c)      Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

d)      Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, (unless larger public interest warrants the disclosure of such information);

e)      Information available to a person in his fiduciary relationship, (unless the larger public interest warrants the disclosure of such information);

f)        Information received in confidence from foreign Government;

g)      Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

h)      Information which would impede the process of investigation or apprehension or prosecution of offenders;

i)        Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers. (However, after the decision is taken and the matter is complete or over, the decision, the reasons thereof and the material leading to the decision shall be made public);

j)       Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless larger public interest demands its disclosure

       Further, Section 9 of the Act insists that any information that i

nfringes the copyright of any person other than the State should not be disclosed. While Section 8 and Section 9 prevents the disclosure of the kind of information mentioned above, the Act maintains vide

Section 10(1) that ‘access may be provided to that part of the record, which is not exempted from disclosure, and which can reasonably be severed from any part of that contains the ‘exempt information’

            You would also be delighted to learn about an important decision of the Full Bench of Central Information Commission (Decision dated 23rd April 2007), which declared that there is “No fiduciary relationship” in respect of “Evaluated Answer Sheets”, while maintaining accepting that there existed “Fiduciary Relationship” between a) Lawyer and Client; b) Doctor and Patient; c) Bank and Customer; d) Trustee and Beneficiary; e) Organisation and Reporting Officer in respect of CR of an Employee etc. Therefore the Information Commission directed that the answer sheets should ordinarily be disclosed in all circumstances, but subject to the scrutiny under S. 8 (1) and Section 9 of RTI Act. The Commission stated further that the evaluated answer sheets could be disclosed withholding the name of the Examiner, in view of the fact that the disclosure of identity of the examiners might pose a danger to the life and safety of the Examiner. The decision also implies that marks given by each of the Interview board members are givable without revealing their identity.

          So RTI Act, 2005 is the most pretty and powerful legislation that the democratic India gifted to its citizens. Its Supremacy is being reiterated in Section 22 of the Act, which states that ‘

The Provisions of RTI Act will be having the overriding effect on any contradicting provisions in Official Secret Act, 1923, and any other law for the time being in force or any other instrument having effect by virtue of any law other than this Act”

Let me add a few sagas of successful RTI ventures as an anecdote here. The first story is from a north Indian village. Mazloom Nadaf, a 70-year old rickshaw puller had no scope for his long-awaited dream until he found light in RTI. The story reads as follows – Nadaf did not get any response for the first five years on his application on Indira Awas Yojana – India’s National housing Scheme. Five years later, authorities demanded Rs. 5000/- from him to process the application. But he refused to give the money and, instead approached the legal aid centre of an NGO working in Madhubani district and sought their assistance in drafting and filing an RTI application. In his RTI request, Mazloom asked for the daily progress report made on his application to avail of the Indira Awas Yojana. The application was filed with the Circle Officer for his block who forwarded the same to the Block Development Officer (BDO). The BDO on receiving the RTI application called Mazloom and treated him like a VIP and with a lot of respect handed over a Cheque of Rs. 15,000 (first installment payment) under the Indira Awas Yojana. He was also promised that he would get the subsequent installments in time.

         Right to Information Act was also effectively used by residents of a village in Rajasthan’s Bikaner district to put an end to the practice of selling grains from ration shops in the black market. Mr. Revat Ram, Secretary, Jagruk Yuvak Manch of the areas was Instrumental in this achievement. Revat Ram and his friends used the RTI Act to get all records of their ration shop in Himmatsar village and exposed how grains meant for the poor were being black-marketed at a ration shop in Bikaner. After the move, the villagers got the dealer removed. Besides losing dealership, the ration shopkeeper was also forced to pay poor families in the village over Rupees Four Lakhs, the cash equivalent of the grains he had sold illegally.

“They threatened us and also offered money. But we refused, because we wanted to ensure that people in our village get the grains they deserve from the government. And we did not get scared in fighting for the rights of our people” – Says Mr. Revat

.

            The message of RTI Act is very clear – Uproot corruption and make the governmental system totally transparent and accountable to the people. So Government Employee is no longer a Government Servant. He/She has to transform to a Public Servant in Letter and Spirit.

            To End with, I wish to quote the father of our nation

-”The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused

“.

Is it that the Independent India needed 58 years to realize what Mahatmaji told?

By: R.S. Praveen Raj

Economic Justice and Democratization of Economy to Create Ideal Society

Admin — Sun, 08 Nov 2009 17:46:00 +0000

Economic Justice and Democratization of Economy to create Ideal Society

By

Prof Viswanathan,

Director,

International Socio-Economic Research Bureau

(E Mail Id : economist@dataone.in)

DECLARATION OF JUSTICE AND HUMAN RIGHTS

We, the people of all the countries, in harmony with the sovereignty of the Universal Justice hold these truths to be self-evident that every creator has inalienable ‘Right to Ownership’ on his creations and the Natural laws empowers the creators that only he should use his creations exclusively for the welfare and uplift of the human society as a whole, in which he is an inseparable member.

We declare with all judicial power derived from Natural laws that among all creations of man, his creation of capital alone has enormous ‘economic power’ capable of transforming all the socio-economic-political structures and reconstitute them to suit the aspirations of the owners of capital.

We further declare in unequivocal terms since the capital is created by the collective labor of the people as a whole it should be directly owned by the people and then only the people would secure equal ‘Economic power’ and requisite ‘Fundamental Economic Rights’ with which they could establish an ‘Ideal Society’ in the way in which they desire.

In accordance with ‘Economic Justice’ when the capital is directly owned by the people, we declare that the people would naturally secure what we consider the best among the ‘Fundamental Economic Rights’ like ‘Right to live’, ‘Right to work’, ‘Right to Economic Equality’, ‘Right to economic liberty’, ‘Right to Economic Security’, ‘Right to participate in the management’, ‘Right to capital creation’, ‘Right to live with fraternity’, and requisite ‘socio-economic-political rights to pursuit of decent happiness’

We further proclaim when the people secure the above mentioned ‘fundamental rights’ they would succeed ultimately to establish an Ideal Society or Just Society for which they were tirelessly striving in transforming one form of society into another since the dawn of civilization, and to execute their noble concept of ‘One World, One Government, and One Humanity’ and in the end the people would be victorious in choosing what form of ‘Economic System’ that would be the best of all other systems for the establishment of an Ideal Society for which they would secure all requisite authorities of Natural laws that bestow on them.

1. Emergence of Economic Systems:

Different economic systems had emerged on the horizon of the history of mankind whenever different kinds of ‘Capital Ownership’ sprang up. Especially capitalism and socialism emerged after industrial revolution on the determinant factor of ‘capital ownership’. Generally in all economic systems ‘the ownership of capital’ forms the ‘basic structure’ of a society on which the fabrics of super structure of society are determined. The super structure usually exhibits the qualitative fabrics of society such as religion, culture, education, laws, customs and conventions etc. which are determined according to the aspirations of the owners of capital. In short the social elements are dependent factors of capital ownership.

During the turbulent period of 1750s when Industrial Revolution burst upon the England and other European countries it introduced gigantic machines – a kind of capital – in the factory system of production of goods and services. It engulfed the mankind like huge deluge and tossed the world societies and changed each and every super structural elements of society in such a manner not to even to trace out their originality. We, the people, at that period were deeply perplexed and confused what to do as we were in the vicinity of utter economic ignorance.

2. Two Economic Affidavits:

During Industrial Revolution the economic environments in the factory system was not only in muddle but also demoralizing the societies. No one had any knowledge how the economy was operating and how should it be operated. Everyone was expecting for the worst to come. Whole Europe was plunged into utter ignorance. At that crucial period of time it was Adam Smith, the Father of Economics, published his famous book ‘An enquiry into the Nature and Cause of the Wealth of Nations’ in 1776.

3. Economic Affidavit of Adam Smith: In his book Adam Smith spelt out an ‘Economic Affidavit’ solemnly and sincerely that if we, the people, entrusted our capital to a few capitalists in the name of ‘Capitalism’ (Individualism), they would not only change even the sand into gold but also drive the mankind to march towards an ‘Ideal Society’ by modernizing production potentialities with the help of scientific technologies and division of labor. Completely ignoring the working class who constitutes the society, Adam Smith concentered and focused his interest on a few capitalists and advocated that they without the interference of State would accumulate wealth of nations with the help of division of labor using modern machines and assured that the few independent capitalists would moreover create a favorable climate for the establishment of Ideal Society by increasing production many folds. Adam Smith completely neglected the equitable distribution of wealth to the mass working class. He linked the establishment of an ideal society with the mass production but not equitable distribution of wealth. Thus he misguided the whole world convincingly and decisively for a long period during which the working class was thrown into appalling poverty and horrible living hood.

Ricardo and Malthus, drawing he thread of arguments from the wisdom of Adam Smith, eloquently presented their views in favor of a few capitalists and equally convinced the people to surrender their capital in the possession of capitalists who would solve all the socioeconomic problems of mankind. Thus when the people entrusted their capital in the hands of a few capitalists a ‘Capitalistic Mode of Production’ emerged with strong magnitudes in England and some other European countries. This capitalistic mode of production, shattering hitherto existing highly valuable cultures and customs of people, created a complex and conflicting, and highly demoralizing ‘Capitalistic Society’.

The newly emerged ‘capitalistic Society’ forced the social elements such as law, art, culture, customs, religion, education and other economic and political rights and liberties to work for the benefit and security of a few capitalists because on their welfare the welfare of mass working class was depending on. The capitalistic mode of production converted the ‘Right to live’ of mass working class into a dependent factor of the security of the capitalist class who owned the capital and modern factories. This was because if a capitalist collapsed with his factory, the livelihood of the workers working in that factory would also collapse. So all the social elements ranging from culture to human liberty had to work for the security of a few capitalists. Thus the Ideal Society which the people dreamt for long span of time became a myth and mirage. In the capitalistic mode of production the Ideal Society was meant by ‘Capitalistic Society’ representing a few capitalists.

4. Counter Economic Affidavit of Karl Marx:

Having abundant flow of sympathy on the exploited mass working class and endless stream of hatred on the capitalists who caused for the appalling poverty of workers the mentally and morally agitated Karl Marx and Engels declared a ‘Counter Affidavit’ in 1848 in their ‘Communist Manifesto’ and Karl Marx alone in 1867 in his magnum opus the Das Capital. In their counter affidavit they advocated that if We, the people, forfeited our capital from the few capitalists with the help of Bolsheviks (communists) and entrusted the capital in the hands of the ‘State’ under the control of ‘Proletariat Dictatorship’, that the ‘State’ would lead us ‘Towards an Ideal Society’ and establish ‘One World’.* Believing their ‘Counter Affidavit’ word by word, in the October Revolution of 1917 we forfeited our capital from the few capitalists and handed over it to the trustworthy of the ‘State’. The State introduced a ‘Socialistic mode of production’ and on the basis of this, a fearful and subjugating ‘Socialistic Society’ emerged. The working class was engulfed with awe and fearsome and terribly perplexed on the outcome of the ‘Revolution’ and utterly disappointed for not even tracing any hope of achieving ‘Ideal Society’ which their Bolshevik masters promised during the ‘Revolution’.

__________________________________________________________________

*In the words of Karl Marx : “ In a higher phase of communist society, after the enslaving subordination of the individual to the division of labor, and therewith also the antithesis between mental and physical labor has vanished; after labor has become not only a means of life but life’s prime want; after the productive forces have also increased with the all-round development of the individual, and all the springs of cooperative wealth flow abundantly – only then can the narrow horizon of bourgeois right be crossed in its entirety and society inscribe in its banners : From each according to his ability, to each according to his needs!”

– Marx(1875), pp 21-23

Karl Marx and Engels were not alive at that time of October Revolution. They were great champions for working class and ‘buts’ about it. They worried wept for working class, they suffered for working class, they sacrificed everything for the working class, and above all they were exiled, especially Karl Marx, from country to country for the cause of working class, and they really wanted to see the working class of all the countries in an ‘Ideal Society’. But the ‘October Revolution’ in Russia proved that their ‘Theory and Practice’ did not coordinate with each other and did not function in harmony. There was something wrong in the ‘Theory and practice’ which resulted in utter collapse of Socialism at the end process. What was the fault that penetrated for its collapse?

I have same streak of opinion in respect of Adam Smith and Malthus as well. I believe when they advocated that we, the people, should entrust our capital in the possession of few capitalists, they believed that the capitalists would not exploit the working class. But when their theories put into practice it was the selfish capitalists who manipulated their theories as convenient and convincing tools to exploit the mass working class. It was the capitalists who portrayed the theories in a darkest dark when they put them in practice because of their selfish motives. In other words there was unbridgeable disparity ( a deep wide chasm) between the theory and practice which the capitalists utilized it to fulfill their selfish motive of maximization of profit in exploiting the mass working class. What was the terrible fault that was penetrating here also?

Though the original proponents of capitalistic and socialistic theories were not enemies of working class, the executors of these theories, the capitalists on one hand and the ‘State’ on the other hand misled the working class for their selfish motives. The primary fault was that we, the people, instead of retaining the capital with us, separating ourselves into two diametrically opposite poles, surrendered our capital to a few capitalists in West European and North American countries and to ‘State’ in Russia, China and other East European countries.

The inherent contradictions that deeply and widely penetrated in the theories and practices of the two economic systems originated a fierce vicious spiral and exploded like a ‘Big Bang’ and scattered away violently but suddenly all the socio-economic problems throughout the world like inextinguishable fire balls. Instead of establishing an ‘Ideal Society’ these two systems, even after a prolonged period of experiments, have pushed the mankind at the verge of nuclear holocaust and wide spread day – to-day terrorism.

5. Democrism – People’s Direct Ownership of Capital:

As long as more than 200 years, Capitalism had left no avenues unexplored to establish an Ideal Society but disastrously collapsed during 1930s throughout the world due to the pressure of its own weight of self contradictions and brutal ambition of maximization of profit. On the same footing, Communism too after exerting all methods of cruel tortures (Stalin’s roughshod treatment of the kulaks) in the name of ‘Proletariat Dictatorship’ for nearly 75 destroyed itself in 1992 in its own breeding place. As both the systems are now struggling for their own survival, they have now decided to end the ‘cold war’ between them. Since the both the systems pushed us into great disappointments and they did not effective economic techniques to solve our economic problems in accordance with ‘Economic Justice’, we, the people, hereby declare to forfeit our own capital both from the capitalists and the ‘State’ and retain it under our direct ownership in peaceful manner or by force if necessity demands and create a ‘new economic system’ known as ‘Democrism’ on the basis of people’s Direct Ownership of Capital and we, further declare the Natural Laws have entrusted upon us all executive powers to do so as our birth right.

On the People’s Direct Ownership of Capital a just economic system known as ‘Democrism’ will in the world and it will provide us ‘Democratic Mode of Production’ which is an inevitable must for the establishment of an ‘Ideal or Just Society’. I venture to say in short,

“Capitalism is popular and popularly defective;

Socialism is destructive and destructively popular;

Democrism is justifiable and justifiably inevitable.”

Whatever race we relate to, whatever language we speak to, whatever color we cover to, whatever religion we follow to, whatever nation we belong to, we are always being influenced by justice and by its emphatic authority of supremacy. The laws may be in transient from time to time, and vary from country to country, but the concept of justice remains illuminant everywhere. We want justice, only the justice and nothing but the justice. Throughout the long passage of history we have honored justice; we have kept in high esteem the men of justice right from king Solomon to Gandhiji . We have unshakable faith that justice is perpetual and ever pervading. We have always fought for justice and it has united us without any discrimination. In his book ‘Anatomy of Liberty’, William O. Douglas, the Justice to the United States Supreme Court, says this truth in every respect as follows:

“The appetite for justice is indeed a cementing influence amon all races, whatever language they speak, whatever of their skin”

-Douglas,William O. “Anatomy of Liberty” (p: xxiv) : (1965)

The universal fact is that if there is justice there will be harmony and immortality. The scientific facts are immortal because they are based on experimental truths. On the other hand if the socio-economic-political principles want to be immortal they should based on justice, only the justice and nothing but justice and perhaps on natural justice. The capitalistic and socialistic principles lack application of justice and therefore they struggle vainly to solve our life problems and they are marching towards their last destiny – the inevitable grave yard. Keeping the above facts in mind I have with utmost care and concern formulated the economic principles on the natural justice in the name of ‘DEMOCRISM’ which will secure universal acceptability. The genesis of all natural justices is to uphold ‘People’s Direct Ownership of Capital’ for which we have to forfeit our capital from the few capitalists and the ‘State’. Why?

“People’s Direct Ownership of Capital : Why do we want?”

1. Denying the natural justice of ‘Right to live’ by Capitalism and Socialism: (Capital promotes and intensifies war)

We, the people of all the countries, unanimously hate intensely the wars which germinate in any form or for any cause. Naturally we are peace loving people. Despite our strong protests the wars have been fought all over the world and billions and billions of innocent people having no association with the war, have been brutally killed and massacred and the skeletons of these people have been heaped like mountains in graveyards. What cause underlies for these wars? The answer is simply one word – ‘the capital’. It is the ‘Ownership of Capital’ by a few capitalists or the ‘State’ that attributes for all kinds of war that negates one’s ‘Right to live’ in the name of patriotism in particular.

Let us for time being set aside the wars fought before Industrial Revolution. The factory system facilitated for the production of ‘weapons of mass destruction’ that can be employed from the land, from the ocean and from the air. The whole world turned into open battle field for the nuclear bombs, ballistic missiles, supersonic jets, various kinds of military rockets and the military satellites orbiting the earth. Whatever might be the causes of First and Second World Wars, but their consequences were horrible that pushed the mankind to the very verge of its extinction from the earth planet. Why?

Wars before and after Industrial Revolution: Before the industrialization the wars were fought on a particular battle fields and between two hostile warriors only. The range of destruction was very narrow and limited in coverage because the warriors used only spears and swords. The weapons were manufactured in cottage industries or by the warriors themselves. Natural boundaries like mountains, rivers, oceans and great deserts prevented the enemies to enter into a independent country.

After industrial revolution, weapons of mass destruction were produced with the help of highly sophisticated technologies with help of huge capital in factories owned by a few capitalists and the ‘State’. The natural bounties disappeared and the whole world became open battle field. These weapons were maneuvered only by the highly skilled technocrats. The technocrats used these weapons on the common innocent people to terrorize the enemy-governments to surrender immediately. For example, in World War II USA used nuclear atom bombs to bombard on millions of Japanese civilians and terrorized the government to surrender without fighting in the battle field. Nowadays the battle fields are disappeared and the whole world has become open battle field in the face of mighty ballistic missiles and nuclear atom bombs. They can be produced only with the help of scientists and huge capital owned by the ‘State’ and a ‘few capitalists’. As long as the capital is owned by the ‘State’ and ‘few capitalists’ we cannot escape from nuclear holocaust. Originally Capital was created by the working class to assist them to increase their productivity of consumption goods. As soon as the capital went into the illegal ownership of ‘State’ and ‘Capitalists’ it was used for the production of mass destructive weapons. If we scrutinize the expenditure of the world governments we can detect that a large portion of government expenditure has been allocated for ‘military up gradation’ than for the ‘promotion of education’ and ‘elimination of poverty’.

2. ECONOMIC THEORY OF WAR :

Firstly “if the accumulation of destructive capital increases the temptation for war will increase and vice versa”. The destructive capital means the capital that is used for the production of destructive weapons used by military forces. Secondly the difference in economic ideology of a country prompts it to increase its military power to show its ideological success over the other country and spread its ideology over other countries through war. For example USA and Russia used war as a weapon to spread their capitalistic and socialistic ideologies over other countries. The pages of recent past history will illustrate the fact and also the reason for accumulation of nuclear weapons and other variety of scientific weapons of mass destruction. Thirdly on the globalization of world economy the capitalist rich countries invest huge volume of their excessive capital in poor and developing countries. In order to protect their huge capital from nationalization by the beneficiary countries a mighty military force is required by the investing countries. For instance the American war and threatening of war over Arabian countries to protect her huge capital invested in exploration of petrol and fuel industries. Now American capitalists are investing billion and billions of dollar in I T industries of India and other developing countries. The American capitalists believe that they can protect their capital by their country’s military power. If any country try to nationalize these industries it will result in war. Fourthly the over production of industrial goods by rich countries force them to dump their over production in poor countries through their military power.

Economic reason for two world wars : Virtually after Industrial Revolution in most of the European countries the capital was owned by a few individuals. Since the very aim of capitalism was ‘maximization of profit’ the workers were paid less and it resulted in deficiency of effective demand which caused for ‘over production’. These European countries occupied the poor countries by their military power and converted them as their ‘political colonies’ and with the concept of ‘Free Trade’, they dumped their over-production in the colonies and also exploited the wealth of the colonies. India was the notorious example for that.

With the help of exploited wealth these ‘mother countries’ strengthened mainly their military power. The safety and security of the other ‘Dictatorial European countries’ which had ‘State or less individual Ownership of Capital’ were in jeopardy and unprotected in front of the mighty capitalist countries. On detection of the geographical track these countries found that there were no countries in the world to occupy them as their colonies for exploitation in order to increase their wealth and thereby their military power. These lately wakened dictatorial countries sniffed the fact that their ‘political and military supremacy’ would be pulled down rapidly on the downward track. In order to surpass the supremacy of the Capitalistic European Countries the ‘Dictatorial European Countries, found no other alternative except ‘war’ on the Capitalistic European Countries and on their colonies all over the world. The ‘lust for supremacy’ over the other countries forced them to wage two world wars. Napoleon and Hitler waged war against all of Europe because for the sake of supremacy.

Ayn Rand emphatically points out the genesis for the two world wars in his book ‘Capitalism’ as follows:

“……World War I was started by monarchist Germany and Czarist Russia,

who dragged in their freer allies. World War II was started by alliance of

‘Nazi’ Germany with the Soviet Russia and their attack on Polland” *

- Rand Ayn :“Capitalism: The Unknown Ideal” (New American Library-1967) p:37

In this nuclear age we witness a political and economic turbulence all over the world for a mad race for military equilibrium and economic supremacy. Both the Capitalism and Socialism have no blue-print to terminate the opportunity for Third World War. The rich capitalist and socialist countries want to become richer and richer by pushing the vast majority of poor countries to become poorer and poorer as per World Economic Reports. At present the silent turbulence boiling in the poor countries will burst into a Third World War which will be fought between the rich northern countries and the poor southern countries of the world and result in nuclear holocaust. That is why the USA is very keen on preventing the proliferation of nuclear technology among the southern countries using its military might. The only way left for the mankind to stop the flow of ever threatening danger of nuclear war is the execution of economic equality by rich countries in extending their helping hand to poor countries to pull them up from poverty and to reduce the economic imbalance between rich and poor. The capitalist countries will not permit the economic equality within and without but fight for upholding their economic supremacy which will be the ultimate cause for the Third World War.

We, the people, therefore, have no other alternative except to forfeit our capital from the capitalists and the ‘State’ and retain it under our ‘Direct Ownership’ to coordinate with the command of Natural Laws to save the mankind.

2.1. Consequences of World wars and destructive capital:

The First World War was fought between 1914 and 1918. During the span of 4 years the war was fought violently 120 million seconds. Nearly 48 million people (including soldiers) were dead and wounded.* In other words in every 10 seconds 4 people were killed either dead or wounded.

· Nehru, Jawaharlal : “Glimpses World History” : p.637

In the Second World War When the war was virtually approaching its end, on 6th August, 1945 an Atom bomb by name ‘Little Boy’ – a new war machine that the mankind hitherto never experienced – was dropped on Hiroshima. With in 10 seconds one million innocent people were killed. The first world war took 10 seconds to kill 4 people but the second world war, at its end, took 10 seconds to kill one million innocent people. The annihilation depends on the density of population of a city on which an atom bomb drops on. The Super Powers like USA and Russia, have now heaped in their arsenal million times more powerful atom bombs than the one that was dropped on Hiroshima.

No doubt the atom bombs that dropped on Hiroshima and Nagasaki were invented by the nuclear scientists. The billion dollar question is whether the scientists produced them with their bare hands or in cottage industries or in sophisticated industries created by huge capital. No capitalist will ever afford such huge capital for the production of weapons of mass destruction because their aim is always ‘maximization of profit’. Only the State can siphon huge capital for the production of atomic bombs only with the help scientists to threaten the other countries and to enjoy the status of ‘super powers’.

Though the atom bombs are the brain-children of atomic physicists the capital required to manufacture them is funded only by the governments secretly against the wishes of the people. As long as the capital is owned by the governments, irrespective of Socialist or Capitalist governments, they spend huge capital for the production of atom bombs in order to achieve military supremacy over other countries or to attain at least an equilibrium in military power. Extensively it is the hard-core radical politicians brain wash the people under the guise of ‘patriotism’, ‘National security’ and ‘National pride’ for the production of atom bombs and other ballistic weapons. Since most of the atomic scientists are the government scientists they have to produce atom bombs at the insistence of governments in the name of national security.

“In 1943 the Manhatten Project Laboratory at Los Alamos, New Mexico, with

J.Robert Oppenheimer as its director, was assigned the task of developing an

atom bomb. The first test at Alamogordo on July 16, 1945, was an outstanding

success (the desert sand was fused to glass for hundreds of yards around the

the site). In August two atom bombs were dropped on Japan”.

“Hiroshima inaugurated not only a new age of science but a new kind of scientists

-the government servants whose knowledge and talent are an important part of the

national arsenal. Furthermore, the scientists were now much more conscious of their

social position and responsibilities. This was true in all advanced industrial countries,

put particularly in the United States and the Soviet Union. Presumably, Soviet

scientists were satisfied to follow the dictates of government leaders, but after World

War II, Oppenheimer and other American scientists entered into a great debate over

the human, political and social implications of atomic science and a profound searching of their own consciences. Oppenheimer resisted the building of the hydrogen bomb – a much more devastating weapon than the bombs used against Japan – in the early

1950’s, and he made important enemies. When Oppenheimer’s security clearance was

withdrawn in 1954, a great outcry from his colleagues expressed more than personal

indignation. The Frankenstein myth appeared to be true, and the monster had locked

the scientist out of his own laboratory. Certain branches of scientific research are not

only secret today, they are expensive secrets; the cyclotrons and reactors of the 1960’s

are far beyond the means of any university or other institution without government support”.*

( * – Cantor, Norman F. – “Western Civilization : Its Genesis and Destiny” III –1970; pp:528-529)

I can arrive two conclusions from deducing the above historical facts:

Firstly, we have to free the atomic scientists from the clutches of governments.

Secondly, we have to forfeit our capital from the hands of governments and to keep it under our own control and possession.

Unless we, the people, forfeit our own capital from the governments and restore ‘people’s direct ownership of capital’ we could not prevent the governments from the mad race for producing ‘weapons of mass destruction’ ranging from AK-47 to atom bombs (of 20,000 megaton attack)

When we pay the tax-money to the governments, we intend tacitly that they would spend it to solve our poverty; but they do not do so. In a speech on April 16, 1953, President Eisenhower said :

“Every gun is fired, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed …

The cost of one modern heavy bomber is this: a modern brick school in more than thirty cities…… We pay for a single fighter with a half million bushels of wheat. We pay for a single destroyer with new homes that could have housed more than eight thousand people…………

This is not a way of life at all, in any true sense. Under the cloud of threatening war, it is humanity hanging from a cross of iron…….”

Professor Dallas W. Smythe of Illinois said, “Billions for defense but not a cent for socialism. It is not socialism to have the government spend 50 billion dollars for weapons; it would be socialism if the government spent the same amount for education or for public works”.

When we entrusted our capital to the capitalist as well as the socialist governments we constituted a tacit ‘Economic Contract’ with governments. The first and foremost element of the ‘Economic Contract’ was that the governments should utilize our capital to solve our basic economic problems such as poverty, unemployment, economic disparity etc. But the governments in violation of the Economic Contract have spent our capital to destroy our own survival by engaging in the production of weapons- mass-destruction. The governments with the help of scientists produce variety of ballistic missiles and nuclear bombs and test them day in day out to display their scientific genius and military power to other governments. The accumulation of such deadly weapons have now pushed the mankind to the very verge of nuclear holocaust. We, the people of all the countries, therefore, want to recover our capital from the governments and to keep it under our own control and ownership to preserve a perpetual world peace, our birth right.

__________________________________________________________________________________

“Little Boy” is the nick name given to the atomic bomb dropped on Hiroshima on August 6, 1945. It was Monday morning. Little Boy was dropped from the Enola Gay, one of the B-29 bombers that flew over Hiroshima on that day.

Little Boy

After being released, it took about a minute for Little Boy to reach the point of explosion. Little Boy exploded at approximately 8:15 a.m. (Japan Standard Time) when it reached an altitude of 2,000 ft above the building that is today called the “A-Bomb Dome.”

The July 24, 1995 issue of Newsweek writes:

“A bright light filled the plane,” wrote Lt. Col. Paul Tibbets, the pilot of the Enola Gay, the B-29 that dropped the first atomic bomb. “We turned back to look at Hiroshima. The city was hidden by that awful cloud…boiling up, mushrooming.” For a moment, no one spoke. Then everyone was talking. “Look at that! Look at that! Look at that!” exclaimed the co-pilot, Robert Lewis, pounding on Tibbets’s shoulder. Lewis said he could taste atomic fission; it tasted like lead. Then he turned away to write in his journal. “My God,” he asked himself, “what have we done?” (special report, “Hiroshima: August 6, 1945″)

note: Paul Tibbets was Colonel, not “Lt. Colonel,” when he was the pilot of the Enola Gay.

The Little Boy generated an enormous amount of energy in terms of air pressure and heat. In addition, it generated a significant amount of radiation (Gamma ray and neutrons) that subsequently caused devastating human injuries.

The people who saw the Little Boy often say “We saw another sun in the sky when it exploded.” The heat and the light generated by the Little Boy were far stronger than bombs which they had seen before. When the heat wave reached ground level it burnt all before it including people.

The strong wind generated by the bomb destroyed most of the houses and buildings within a 1.5 miles radius. When the wind reached the mountains, it was reflected and again hit the people in the city center. The wind generated by Little Boy caused the most serious damage to the city and people.

The radiation generated by the bomb caused long-term problems to those affected. Many people died within the first few months and many more in subsequent years because of radiation exposure. Some people had genetic problems which sometimes resulted in having malformed babies or being unable to have children.

It is believed that more than 140,000 people died by the end of the year. They were citizens including students, soldiers and Koreans who worked in factories within the city. The total number of people who have died due to the bomb is estimated to be 200,000.

The A-Bombs used over Japan; Little Boy (left) and Fat Man (right)

Just three days after the bomb was dropped to Hiroshima, the second atomic bomb called “Fat Man” was dropped to Nagasaki. Though the amount of energy generated by the bomb dropped to Nagasaki was significantly larger than that of the Little Boy, the damage given to the city was slighter than that given to Hiroshima due to the geographic structure of the city. It is estimated that approximately 70,000 people died by the end of the year because of the bombing.

We strongly believe that the world must learn about weapons of total destruction. We hope that the information presented here will help you understand the pain and devastation that nuclear weapons can cause. We don’t want you to just feel sorry for the people of Hiroshima and Nagasaki, the war inflicted untold pain and suffering on many people in Asia and the Pacific. Rather we want you to work with us to ensure that all of us can live in a safe world.

We hope this document helps you understand what it was, what it means and what we have to do.

____________________________________________________________________

2.2 The cause for dropping atom-bomb on Japan:

There are two theories for dropping atom bomb on Japan. The first is to take retaliation on Japan for its attack on Pearl Harbor. The second is to prevent Socialist Russia to capture Japan. The first theory do not sound reasonable because :

Hitler committed suicide on 30th April, 1945. Immediately on 7th May the Germans agreed to unconditional surrender. Moreover Mussolini and his mistress were killed on April by anti-Fascist Italian partisans. Japan’s position was now completely helpless, and the emperor supported a party in the Japanese government that wished to seek a negotiated peace. The second world war was more or less approaching to its end.

The second theory sounds well because :

On 16th July 1945 President Harry S. Truman - who had assumed office on Roosevelt’s death on 12th April, – was informed that an atom bomb had been successfully tested in New Mexico. The U.S. military found that no other weapon was so awful in destructive power as that of the atom bomb.

At the same time the military forces of Socialist Russia were rapidly advancing towards Japan – the border country of Socialist Russia – to capture it.

The Capitalist America was now in great distress that the Socialist Russia would not only capture Japan but also convert it a Socialist state. To uphold its supremacy America thought that it had no other choice except to execute two things:

1. to prevent immediately the invasion of Socialist Russia on Japan;

2. Instead, it had to capture Japan without sacrificing any more lives of American soldiers in the invasion of Japan.

In order to fulfill the above aims, the Capitalist America was left with only one option that was to use the awful new weapon – the atom bomb – on the civilians to force Japan to immediate surrender. Persuaded by the military strategy, Truman decided to use the bomb and it was dropped on the Japanese city Hiroshima on 6th August, 1945. About 80,000 civilians were killed immediately. Nearly 200,000 died later of radiation or were maimed for life.On the sudden turn of events, Soviet Russia sensed that Japan would go out its hand though it was within its reach. So two days later, on 8th August, Russia declared war on Japan and crossed the Manchurian frontier as the Japanese army remained committed to a fight to the finish.

Since there was a race for supremacy between Socialist Russia and Capitalist America to capture Japan and moreover Russian army crossed the Manchurian frontier, the Capitalist America was forced to act swiftly. So, a second atom bomb – Fat Man – was dropped on Nagasaki on 9th August, 1945 by Capitalist America. Nearly 70,000 civilians died immediately. The following day the Japanese government offered to surrender. On 14th August the terms laid down at Potsdam were accepted and the Second World War was over.

The truth is still solid and sound that the atom bombs were dropped on Japanese cities not because Japan would succeed in the second World War but because the governments of Capitalist America and Socialist Russia were arrogantly desirous to show their supremacy over the other as their economic systems were quite contradictory with each other. Both Capitalism and Communism wanted to prove that it was their system that ultimately led the Second World War towards victory. This ideological conflict between the America and Russia, at the end of the war, resulted in nuclear holocaust of Japan.

There is no assurance to the people of all countries that another nuclear war will not burst out due to the ideological conflicts between the countries or to show their supremacy or for some other reasons the time will decide. Not only America and Russia but all the nuclear countries do not now wish either to destroy all their nuclear weapons or dismantle the industries which produce such weapons of mass destruction. Under these circumstances and ground realities how can we believe and console ourselves that yet another nuclear war will not threaten mankind and cause to vanish the very existence of mankind on the earth. So, we, the people of all the countries, declare to forfeit our capital from the few capitalists and the State and to keep it with ourselves. When we have ‘direct ownership of capital’ we will not allow our capital for the production of nuclear weapons or any other weapons of mass destruction.

3. Economic Justice in jeopardy and in peril:

When we handed over our capital to a few capitalists, we were under strong presumption, that they would in certain sense, solve at least our basic problems of poverty and unemployment. On the contrary, since the very basic aim of capitalists is ‘maximization of profit’ they execute all kinds of nefarious designs to exploit the laborers and treat them like other business commodities. So with the enrichment of new technologies the capitalists always intend to replace the workers or minimize the labor force by sophisticated machines. The capitalists never show any interest to promote the economic justice in solving the human problems like poverty, unemployment, economic inequality, unequal distribution of income and wealth etc.

But now the capitalists in some way or other have promoted the welfare of society only by way of promoting their own self interest. In other words if and only if the capitalists are assured that their self interest would be promoted then alone they will allow the betterment of welfare of other members of society. The welfare of huge majority of society is always considered to be a ‘dependent factor of a few capitalists’ in the system of private ownership of capital.

In other words the Welfare of Society (WoS) operates as ‘function of Interest of Capitalists (IoC)’. We can write it as

WoS = f(IoC) ……………. 1

The Interest of Capitalists, in turn, depends on their ‘Maximization of Profit (Max o P). So the equation becomes

IoC = f(Max o P) ……………. 2

The Maximization of Profit (Max o P) by the capitalists results in the ‘Exploitation of Working class’ (EoW). It may written as

Max o P = f(EoW) ……………. 3

The Exploitation of Working class (EoW) creates ‘Maldistribution of National Income’ (Md o NI).

EoW = f(Md o NI) …………….. 4

The degree of maldistribution of national income exposes how the workers are exploited in a country. Generally speaking in most of the countries the top 10% of population enjoys 80% of the national wealth and only just 20% of national wealth is distributed to a vast majority of 90% of population. The maldistribution of national income has always kept the vast majority of people to suffer with low purchasing power and in due course it results in over production. Due to over production the producers are forced to reduce their volume of production and level of employment. On finding the disequilibrium that the goods are not consumed at the rate at which they are produced the producers are forced to close their industries. The very aim of capitalists, the maximization of profit, not only crushes them but also the whole society. Therefore, the private ownership of capital will be dangerous to the whole society and the national capital capital should be equally distributed among the people for the welfare of the mankind. So, Betrand Russel says:

“Private ownership of land and capital is not defensible on the groundsof justice or on the grounds that is economical way of producing what the community needs”

– Russel, Bertrand : “Political Ideals” (p ; 35)

Equally the Marxian theory of “State Ownership of Capital” lacks perfection and threatens human rights. Marxian theory is formed on adamant and inflexible principle and it will not coordinate with the changing world conditions. It preaches a kind of ‘economic fundamentalism’ which wants the elements of society to remain in rigidity for ever. So Loucks rightly states:

“Errors in the theoretical of Marxian thought are so serious and so basic that they cannot be corrected by interpreting or modernizing Marx not can they be considered superficial”

Loucks : “Comparative Economic Systems” ( p : 166)4.

Poverty in the midst of plenty:

We, the people of all the countries, have accumulated capital more than enough and the goods that could be produced with the help of that capital is more than adequate to eradicate poverty in the world. The statistics of “World Development Report – 1991” substantiate that if we distribute the goods produced equally among the people of all the countries, each one would receive the goods approximately worth of Rs.300 per day, which is more than enough for one’s needs. But in contrary with this fact, two third of world population is now subjected to appalling poverty and suffering with hunger and various diseases for want of adequate notorious food.

The poverty prevails not only between the countries but also within the countries irrespective of whether the country is developed or developing. As there is darkness below the burning candle so is the poverty even in the affluent society due to maldistribution of income and wealth. John Meynard Keynes criticizes the capitalistic system with this ever prevailing paradoxical element of “poverty in the midst of plenty”. Since the capitalism do not know how to distribute income and wealth equally among the people, the capitalists have no moral right or legal right to keep our capital with themselves. They have to honestly return us our capital and we know how to solve our problems under ‘people’s direct ownership of capital’.5.

Absence of Right to Live:

Throughout the length and breadth of the world we can notice the youth both in rural and urban areas bearing great agony in their eyes, having no value for their education are wandering desperately on the streets in seeking employment. The unemployment has pushed them to strip away their dignity, self respect and equal status among others not only in the society but also in their own family. Everywhere they are treated as insignificant trivial and above all less than a human being. In the economic systems, both in capitalism and socialism, they feel that they have deprived of the possession of ‘Right to Live’ at all.

6. Origin of terrorism and economic crimes:

It is partly true that unemployment generates economic insecurity among the youth. But by and large it victimizes the youth an easy prey to drug addiction, trafficking, terrorism, and other socio-economic evils.

The universal accepted fact is that capitalism cannot solve unemployment. The function of capitalism is such that if we want to adhere with capitalism we have to live with unemployment at certain level. The advocates of capitalism have now proved that full-employment in capitalism is only a myth and mirage. Hence as long as capitalism is prevailing in the world, so long as the socio-economic evils will also be pervading in the world as its by products and they will be deteriorating all the well-nurtured cultural fabrics of society. If we want capitalism, we have to learn to live with terrorism and other socio-economic evils.

7. Economic Equality is a Mirage :

It is evident throughout the world, the economic inequality among the people not only within the country but also between the countries is going on widening with an accelerated momentum. In 1982 the per capita income of developed countries in average was 42 times more than that of developing countries like India and China, but the gap was still widening 56 times in 1989. As the gap is going on increasing the poor countries are becoming still poorer and rich countries are more richer. It is natural not only among the people but also among the countries to develop strong feeling of jealousy and hatred, and an impression of inferiority complex and a sentiment of economic slavery. In the complex and confused modern economic systems, the concept and reality of ‘economic equality’ is rushing over beyond the orbit of one’s reach. In this context, our strategic fiscal and monetary policies are reducing to be insignificant to face the challenges. Hence Jawaharlal Nehru rightly blames the capitalistic system of economy for the economic equality:

“Normally speaking it may be said that the forces of a capitalist society, if left unchecked, tend to make the rich, the richer and the poor, the poorer, and thus increase the gap between them”

- Nehru, Jawaharlal : “The Years of Power” (1960) p;294

It would be faulty conclusion that the economic inequality is inseparable function of capitalism alone; even in communist countries we can notice wide economic disparities among the people. Prof.P.T.Baur states:

“….. But there are evident wide differences in income in communist countries after decades of communist rule. And in Soviet Union (a country often thought to be dedicated to the removal of economic differences), the differences in income and living standards are quite as pronounced as in some market oriented societies and this after more than half a century of mass coercion”.*

-* Baur, P.T. : “The Grail of Equality”

The economic equality is one the three basic necessities of ‘Equality, Liberty and Fraternity’ for the establishment of an Ideal Society. But neither capitalism nor communism do not know any effective economic technique to ensure us ‘economic equality’. Hence I venture to say it is futile to allow our capital to remain in possession of some individual capitalists or the State.

8. No Right to Work :

Invariably the ‘Declaration of Independence’ of all the countries proclaim that man has ‘Right to Live’. On the introduction of ‘Division of Labor’ in the modern production system, no one can produce all the goods that require even to lead a very simple life, or a single whole commodity one needs.

On the Division of Labor, everyone is trained to produce only a part of a commodity for which he can receive his wage and with which he has to buy the necessary goods in the market to lead his life. Since a man cannot produce whatever he wants to live, his ‘Right to Live’ solely depends upon his ‘Right to Work’. But no Constitution of any country is powerful enough to provide ‘Right to Work’ as one of the ‘Fundamental Rights’ because the economic systems that the countries pursue are basically defective and incompetent to face the economic challenges. In the absence of ‘Right to Work’ irrespective of what kind of economic system a country follows, the employers never consider man as a man and not even as a commodity. On the other hand they treat man as a ‘rental commodity’ that can be engaged by paying wages as ‘rent’. The defect of economic systems have reduced man and humiliated him as mean and ignoble thing. With full of depression in heart, P.A.Samuelson exhibits the real condition of man as follows:

“Since slavery was abolished, human earning power is forbidden by law

to be capitalized. A man is not even free sell himself; he must rent himself at a wage” *

-* Samuelson, P.A. : “Economics” (p : 52)

9.Absence of Stable Just Price :

Universally in all economic systems – whether it is market oriented economy or State controlled economy – the prices in the market are behaving erratically and disorderly. Especially the prices of consumption goods of poor people are always enhancing. But the income of poor people is not increasing as much as the increment of price of their consumption goods. Consequently this economic phenomenon is horribly crushing the purchasing power of the poor. Hence the fact is universally accepted that ‘the poor people are born in poverty, live in poverty and die in poverty’ Whenever the governments declare that they have contained or reduced the rate of inflation it seems always to the benefit of the rich. The economic systems, existing now, do not know any economic techniques to sustain a just price level at stable for the welfare of the vast majority poor.

10. Injustice to Working Class:

In Jerusalem I heard the Israeli Supreme Court say : “It is better that ten guilty persons be acquitted than that one innocent person be convicted”.

This legal justice should not be confined only to the courts of justice but it should be equally extended to govern both the economic justice and economic systems. The economic systems, on the contrary, conveniently permit the economic criminals to escape from punishment and in turn punish the innocent workers who perform their social duty.

The utmost duty of a worker is to produce socially needed goods and services only; but it is not the duty of the worker to bear the responsibility whether the goods and services he produced are sold out. On the other hand it is the duty of the consumers to buy the goods and services that are produced for their consumption at a just price and at the rate at which the goods and services are produced for them.

On the contrary, the consumers, as a whole, behave in the market, guided by their erratic psychological factors, create time lags in purchasing the goods that are produced for their consumption and sometimes neglect the goods to buy at all. These negative and duly non-responsive factors affect the economy severely and ultimately result in the stagnation of goods in the markets. Due to the stagnation of goods in the market an equal volume of goods stagnated are not produced in the subsequent round of production. On the reduction of production of goods the workers who have fulfilled ‘the production – duty’ of the economy, have to lose their employment. The unemployment of a worker not only affects his ‘Right to Live’ but also of the whole family that depends on him. The unemployment of a worker ruins the education of his children, their future ambition in life and their morality and social dignity and their future economic security.

The present economic systems are not competent and efficient enough to secure and save the “Right to live” of the workers who have honestly accomplished their ‘production-duty’ of the economy.

To strengthen my argument I like to quote the words of Prof. Mrs. Joan Robinson :

“It is true, with adequate organization there need be no unemployment … There is always something useful that can be done even with a man’s bare hands”*

*– Prof. Mrs. Joan Robinson : “Economic Philosophy” (p : 114)

Joan Robinson too finds fault on the economic systems for wide range of unemployment; in other words, the economic systems that we pursue now are the primary reasons for the failure to provide “Right to Live” to the workers throughout the world. In the present economic systems and economic conditions ‘employment’ and ‘Right to Live’ are synonymous or just the same.

What is the basic cause, today, throughout the world, for billions of youth are crushed by the burden of unemployment? It is the cause :

“Every person, only up to the standard of education and technical training that the society has offered to him, can produce socially needed goods with his bare hands or with the help of small and simple capital that he can afford by himself and thus create ‘self-employment’ opportunities and secure right to live by himself. The creation of self-employment creates an expectation in the mind of the of the worker that the society i.e. the consumers should behave with a sense of ‘economic responsibility’ by consuming the goods at the rate at which he produces, at a reasonable price to sustain the livelihood of the worker. But every self-employed youth knows that the ‘economic responsibility’ is absolutely lacking in the minds of consumers. What is deeply rooted in the minds of unemployed youth is ‘a fear about the future’ that the consumers or the society that he belongs to would not perpetually and automatically accept the goods at a reasonable price that he produces by ‘self-employment’. The ‘fear about the future’ in the minds of the youth who wants to venture in ‘self-employment’ is reasonably justifiable. Due to ‘fear on the future’ the unemployed youth are not venturing in self-employment competing with the highly sophisticated industries. It is then whose fault if the youth are unemployed? The present economic systems have no economic techniques or ‘action programs’ to evacuate the ‘fear of the future’ in the minds of the unemployed youth and to induce ‘economic responsibility’ in the minds of society to save the ‘self-employed’ youth from the competition of well-organized industries.

I have to point out it is the fault of the economic systems for the cause of unemployment and moreover I wish to state that the capitalists and equally the governments should not lay blame on the ‘fate’ of the youth for their unemployment. On the other hand the capitalists and the governments are persistently blame the fate of the youth and try to escape from their ‘economic responsibility’. So we have no other alternative except to forfeit our capital from the them and retain it with ourselves as we know perfectly well how to solve our unemployment and other economic problems.

11.Economic Gambles:

The basic intention leading for the invention of money is it should be used as a ‘medium of exchange’ in buying and selling goods and services. On the contrary, our present economic systems have invariably paved way for the money not only to be used as a ‘medium of exchange’ but also at a large extent as a ‘Medium of Economic Gambles’ throwing away the honesty and morality of societies to the winds. The multi-millionaires, today, have idly and futilely invested billions and billions of money in the stock markets as a medium of gambles uprooting the very noble function of money. The electronic media and the news papers extensively propagating the stock market indices for the benefit of the rich gamblers, the economic criminals, who want to earn quick and easy money with out shedding even a drop of sweat. The present economic systems have accepted this kind of economic gambles without any shyness.

In addition, in the cradles of civilization, especially in the places of sports and games like cricket stadium, Tennis courts, Football grounds, Boxing arenas billions and billions of money are set into circulation as a ‘medium of gambles’. With the help of the ‘capital-power’ the capitalists today have vigorously transformed the noble arts, skillful sports, beautiful games and wonderful cultures into easy-money-earning centers instead of promoting these symbols of civilization. The capitalists in the name of ‘promoters’ have developed strong hatred not only in the minds of ‘players’ but also in the minds of ‘audience’. This kind of economic gambles is now rapidly spreading like dangerous virus in all four corners of the world. For example, the ‘Statesman’ in its 10th October 1978 issue states as follows :

“Britain is a gambling nation. Nearly 94 percent of population indulge in an occasional flutter on races, at the gambling tables, on foot-ball pools or on a variety of other sports. 39 percent of all Britons are habitual gamblers. In 1977 an estimated $ 800 million were stated on races and gamblers. In 1977 an estimated $ 800 million were stated on races and other sports”. Instead of producing socially needed goods and services and creating employment opportunities, the capitalists are utilizing ‘our capital’ for economic gambles extensively and demoralizing our long cherished cultures and civilizations throughout the world.

The capitalists now adopt a new business strategy to exploit the consumers : ‘First kill the civilization and then sell the goods’. The capitalists know the consumers will become a easy prey for sexual exposition. So they in all their advertisements use ‘women in half naked beauty’ to enchant consumers to buy their commodities. We know the capitalists are misusing ‘our capital’ to ‘sexually assault’ the consumers to maximize their profit at the cost of cultural destruction and spreading demoralization. With deep mental agony I like to state that millions of young women have now turned as prostitutes as a source of employment and the International Labor Organization (ILO) now recommends to accept prostitution as ‘flesh industry’ which contributes reasonable amount of foreign exchange for many countries.

12.Class distinction and failure of economic machinery :

In lieu of promoting fraternity among the people the present economic systems create various class distinctions such as 1. proletariat and capitalist, 2. consumer and producer, 3. savers and investors. The class distinction between proletariat and capitalist is always underlying at the bottom of strikes, lock outs and innumerable industrial disputes. The class distinction between ‘consumers and producers’ is attributable for the failure of determination of ‘just price’ in the market and for uneven distribution of goods among the people. The class distinction between ‘savers and investors’ is harmfully preventing the requisite acquisition of investment to eradicate poverty and unemployment expeditiously in the world. The present economic systems are full of contradictions without which they can not function. Our capital in the possession of few capitalists and the State is the root cause for all class distinctions. Once the capital comes under the ‘direct ownership of people’ all the class distinctions will disappear

13.Maximization of profit destroys morality of society:

In the present economic systems the industries project their ‘volume of profit’ as the ‘balance of judgment’ of their determination of ‘industrial success’ The industry which earns more profit is considered to be more successful. The mental attitude forces the capitalists even to destroy the natural environment extensively in order to produce goods cheaply. With the sole aim of maximization of profit, the capitalists have no even an iota of concern over the future welfare

By: Prof Viswanathan

Public Law Specialists

Admin — Wed, 23 Sep 2009 01:37:31 +0000

Public law is the name given to the branch of law that governs the relationship between the state and individuals. Although a little known practice area the workings of public law can be seen daily in some of the most high profile news items – for example in relation to the controversial powers with regards the detention of suspected terrorists.

Ask yourself, what are the responsibilities of government officials, what is the nature of the relationship between you and state organisations such as the police or the NHS, what are their powers, rights, capacities, and duties – public law encompasses all these things. Because public law regulates some of the most fundamental rights we have in a democratic country, if you have problem arising from your dealings with a public body, you do need to ensure that have a public law expert on your side. Duncan Lewis & Co is one of the few firms large enough to have a dedicated department of public law solicitor, who can help you in connection with all public law and human rights matters.

All public bodies are governed by rules. However, that is not to say that the rules are always followed. If an error or a deliberate breach of these rules takes place it can have a devastating affect on individuals – for example if, as a result, you are detained, denied treatment or threatened with homelessness. The law has developed dramatically in the last 10 years, following the introduction of the Human Rights Act – which means that people have greater ability than ever before to ensure that the state is held to account for how it treats individuals. A Human Rights lawyer, may not only help you overturn an unfair decision made against you, but may also be able to help you recover damages to compensate you for any loss you have suffered as a result.

It is important to know your rights, but in a highly specialised field of law the only realistic way to ensure that you understand your rights is to engage expert assistance. Duncan Lewis can provide you with all the expert help that you need – and often public funding (formerly “legal aid”) will be available so that your case can be progressed without you have to bear any additional financial burden.

Duncan Lewis & Co was established in 1998. Its phenomenal growth in the last 10 years has been based on consistently high levels of service and expertise. If you need help in relation to a public law or human rights matter you could not be in better hands than those of our public law experts. For more information visit our website at www.duncanlewis.co.uk or contact us on our freephone number.

By: Sridhar

Trafficking: Issues and Framework of Laws

Admin — Thu, 13 Aug 2009 02:02:00 +0000

Trafficking: Issues and framework of laws

                                                                                    Dr.Vinayakam, MLM., Ph.D

   Assistant Professor

Trafficking of human beings is the recruitment, transportation, transfer, harboring or receipt of people for the purpose of exploitation. Trafficking involves a process of using illicit means such as threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability. Exploitation includes forcing people into prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. For children exploitation may include also, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for begging or for sports (such as child camel jockeys or football players)

Trafficking in human beings is a global issue, but a lack of systematic research means that reliable data on the trafficking of human beings that would allow comparative analyses and the design of countermeasures is scarce. There is a need to strengthen the criminal justice response to trafficking through legislative reform, awareness raising and training, as well as through national and international cooperation. The support and protection of victims who give evidence is key to prosecuting the ringleaders behind the phenomenon. The trafficking of Human beings is a matter of global concern as it involves the violation of fundamental rights. Although numerous separate abuses that contravene both national and international law are committed during the course of trafficking, it is the combination of the victim’s displacement from their community and their commercialised exploitation that makes trafficking distinct. There is a large body of international and national instruments like declarations, conventions and prohibiting trafficking. An overview of selected International conventions that regulate trafficking is presented below.

The United Nations obligates States to refrain from committing human rights violations and also to take positive steps to ensure that individuals are able to enjoy their human rights. A State’s legal obligations are articulated in human rights instruments, such as treaties and conventions. The UN also drafts politically binding documents that do not have the force of law, such as declarations and resolutions, but which nevertheless represent important guidelines on States’ obligations. More information about the United Nations system, human rights documents and enforcement mechanisms can be accessed from the International Law section of this site.

The United Nations addresses trafficking in women from various directions. First, the UN human rights instruments apply to women and men equally, and are relevant to the kinds of abuses that women suffer in cases of trafficking. In addition, the UN international standards on the treatment of crime victims also obligate States to protect victims of trafficking. Second, of the types of violence against women addressed by this site, trafficking in women was perhaps the first to receive the attention of the UN as a transnational crime. This section, therefore, includes a historical overview of the UN conceptualization of trafficking, prior to the emergence of an international women’s human rights movement. Third, the UN treaties and resolutions that articulate the rights of women are applicable to the situation of trafficking and define trafficking as a form of gender-based violence. Since the early 1990′s, all major UN instruments on States’ commitment to ensure women the full enjoyment of their human rights and their protection from violence have included specific obligations to combat trafficking in women. Fourth, the UN Convention Against Transnational Organized Crime entered into force in September 2003. The accompanying Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children received its 40th ratification in September 2003 and entered into force on December 25, 2003. The Trafficking Protocol contains the international consensus definition of trafficking and sets forth State obligations to prevent trafficking, to protect victims and to prosecute perpetrators of trafficking. For more information on the Trafficking Protocol, please see the section entitled The Trafficking Protocol and Recent Initiatives. Finally, at its 60th session in April of 2004 the United Nations Commission on Human Rights appointed a Special Rapporteur on Trafficking in Persons, Especially Women and Children for the explicit purpose of focusing on the human rights of victims of trafficking. To do so, the rapporteur’s job is to gather and exchange information from governments, non-governmental organizations and victims of trafficking in order to propose appropriate measures to prevent and remedy trafficking violations. Working within the major international instruments and definitions of trafficking, the Special Rapporteur will conduct country visits, publish reports, and take up cases where individual or widespread rights abuses have occurred.

States are obligated to protect the rights of trafficking victims under general human rights instruments. The International Covenant on Civil and Political Rights guarantees women the right to life, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to security of person. This Covenant also grants trafficked persons the right to an effective remedy for acts violating their fundamental human rights. The International Covenant on Economic, Social and Cultural Rights provides such basic guarantees as the right to an adequate standard of living (including food, clothing and housing), the right to the highest attainable standard of physical and mental health, the right to education and the right to favorable work conditions, which includes fair wages, equal pay for equal work and reasonable limitation of working hours.

1. International Agreement for the suppression of the white slave traffic – 1904.

          The agreement was formulated with the intension of securing for women of full age who have   suffered abuse or compulsion against criminal traffic know as the white slave trade.

2. International convention does the suppression of the white slave Traffic 1910.

        This convention criminalised the procurement enticement or leading away of women or girl under the age of 21, even with her consent for immoral purpose irrespective of whether may have been committed in different countries.

4. Slavery convention 1926

         States parties are enjoyed to discourage all forms of forced labour slavery means the owner’s control over another person, without the salve’s full informed consent for exploitation.

5.Forced Labour Convention (ILO) 1930.

     Article-1 of this convention calls for the suppression of the use of forced or compulsory labour in all its forms as soon as possible.

7.Universal Declaration of Human Rights (1948)

     Article 4 of the Declaration prohibits slavery and the slave trade. Article – 13 recognies the right of persons

8. Unconventional for the suppression of the traffic in persons and of the exploitation of the prostitution of others (1949).

      This convention is a compilation of four previous international conventions 1904, 1910, 1921 and 1933. It made procurement, enticement, etc for prostitution punishable, irrespective of the age of the person involved and his/her consent to the same (Article -1). Brothel keeping was also denounced as illegal and punishable Article 20. However, it is limited to trafficking for prostitution and related activities.

10.Abolition of forced Labour convention (ILO) 1957.

     Under this convention, states parties under took to abolish any form of forced or compulsory labour that is used as a means to establish political coercion, economic development, labout discipline or racial, social, National or religious discrimination.

15.United Nations convention against Torture and other cruel; inhuman or degrading treatment or punishment (1984)

     The convention provides against the expulsion or return of a person another state if there are substantial grounds for deeming him/her to be in danger of torture. Victim compensation measures are also stipulate in it.

16.Tourism Bill of rights and the Tourist code (1985)

      Adopted by the WTO, the code enjoins that state parties should preclude any possibility of the use of tourism to exploit others for the purpose of prostitution.



Legal Frame Work Against Trafficking In South Asian Countries:

BANGLADESH:

      The Bangladesh constitution guarantees equal rights and equal protection to every one regardless of gender. The fundamental principles of state policy require the state to prevent prostitution. Article 34(1) prohibits all forms of forced labour. The suppression of immoral Traffic Act 1933 protects all children up to the age of 18 from sexual exploitation. The women and children repression; prevention Act 2000 provides stringent penalties against trafficking, Kidnapping, collection random, rape, the sexual exploitation etc., These provisions also apply to both internal and cross broader trafficking. These were the some of the legal framework in Bangladesh Against Human Trafficking.

BHUTAN:

     There is very little information available on the laws of. Bhutan on trafficking. In 2001, the UN committee on the Rights of the child considered Bhutan’s initial report and noted the absence of legislation on the minimum age of for employment. There is insufficient data and awareness regarding the Human Trafficking. It also suggested that new laws Need to be promulgated and existing law need to be suitably amended to address these issues.

MALDIVES:

    There is no specific law to prohibit or prevent the trafficking in persons. There are no reports of persons being trafficked to from or within the country following Nationwide consultations, the Government has drawn up a National plan of action on the basis of the Beijing platform for action and the common wealth plan of Action on Gender and Development.

NEPAL:

     The constitution of Nepal enshrines the principles of equality and Justice for every citizen without any discrimination on the basis of race, caste, sex, creed, etc., and safe Guards the human rights of all citizens. Code of law 1963. Lays down provisions against Inter-state and other of slavery and domestic trafficking-section decrees prison sentences of 20 years for International trafficking and 10 years for attempted sale, plus fines equaling to the amount of transaction.

PAKISTAN:

      One of Pakistan’s major problems is the smuggling of children to countries in Gulf for camel Jockey and racing. The high profits and the lessening fear of harsh punishment have bolstered syndicates of Human traffickers across “Asia, the middle east and Europe.

     The prevention and control of Human Trafficking ordinance 2002 has been promulgated to deal with all types of human trafficking.    However the legislation suffers from certain limitations. Also legislation is focused on trans border trafficking and not on domestic trafficking. And the Human trafficking ordinance 2002 defines Human trafficking to include trafficking for any purpose, via, prostitution Forced labour and services. It also takes into considerations the organised nature of the crime and presumes the vicarious liability of each member of the trafficker’s group by providing for stringer gent punishments; the ordinance also includes provisions for the compensations for the victims.

SRILANKA:

      In country trafficking is one of srilanka’s major problems s.360 of the srilankan penal code deals with the offence of trafficking defined as the act of buying or sealing or bartering of any person for money or for any other consideration. Those assisting, arranging the travel, recruiting, etc., said to be trafficking and be prostituted.

     The national child protection Authority act is a landmark initiative that can help in preventing child abuse and in protecting child abuse and in protecting the rights of children.

INDIA:

     The constitution of India, under Article 23(1), prohibits trafficking in human beings and forced labour; this right enforceable against the state and private citizens.

However, trafficking was never defined in Indian laws except in the Goa children Act, which is specified to the state of Goa. In India the law has no express provision for confiscating the assets amassed by the traffickers, nor does it have provisions for the victim protection. The concerned authorities should consider these points so that the laws and provisions are made victim friendly.

      Let us prevent commercial dealings in human beings.

By: Dr Vinayakam