The BJP and Shiv Sena’s decision to contest 150 and 124 seats has not gone down well with smaller parties like Rashtriya Samaj Paksh and Republican Party of India (A). Rashtriya Samaj Paksh chief Mahadev Jankar expressed his displeasure over the seat sharing issue. According to Jankar both Shiv-Sena and BJP have bagged major chunk of seats and have allotted very few seats to smaller parties. Jankar said, “BJP has deceived me and cheated my party.”
BJP spokesperson Avdhut Wagh told Afternoon Voice, “I am unaware about what Mahadev Jankar said hence I won’t be able to comment on this matter. I have not heard about his clip. The smaller allies had demanded BJP’s symbol for contesting election and we agreed to their demand. We have not forced them to contest on BJP’s symbol.”
Jankar has also threatened to break the alliance. RSP has demanded 10 seats but BJP agreed on only two. BJP was pressuring RSP to field candidates on BJP symbol and were ready to leave 10 seats if agreed. However Jankar refused the offer and compromised with 2 seats Daund and Jintur. Jankar said that injustice has been done to his party. He called a press conference to inform about the irregularities in seat sharing process.
RSP enjoys the support of Dhangars community which is one of the biggest communities. RSP has called a meeting of its state executive on Monday and will take a final call. He added that the decision to contest polls from Jintur and Daund constituency will be taken by party workers.
Jankar said, “The discussion pertaining to seat sharing has been finalised. Discussion was held with Maharashtra BJP chief Chandrakant Patil and Chief Minister Devendra Fadnavis. The BJP and Shiv Sena have cheated us. Injustice has been meted against my party. I will contest the assembly polls on my party’s symbol. Seats were allotted to my party from Delhi but I don’t know what went wrong at the state level. I inquired with the Chief Minister about this but he said that he is unaware about the proceedings.”
The BJP has been trying to persuade its smaller allies like RPI (A), Rashtriya Samaj Paksha, Shiv Sangram and Rayat Kranti to contest the polls on lotus symbol. RPI (A), Shiv Sangram and Rayat Kranti candidates will contest on the lotus symbol while Rashtriya Samaj Paksh will contest on its own symbol.
On the other hand, Union Minister Ramdas Athawale said that his Republican Party RPI (A) was not satisfied with the seat sharing arrangement among NDA constituents in Maharashtra but will support the alliance to keep Ambedkarite community in power.
“RPI is not satisfied with the seat sharing in BJP-Shiv Sena-RPI alliance. But for the Ambedkarite community to keep sharing power, RPI will support the alliance,” Athawale said.
Indian jails are really matter of concern; each jail has become a population of its own. There are several prisons where the congestion is well beyond 100 per cent and in some cases it exceeds 150 per cent. Fortunately, the Supreme Court has expressed concern about overcrowding in prisons across the country and asked all the High Courts to consider the issue as it involves “violation of human rights”.
The apex court requested the Chief Justices of the High Courts to take up the matter as a suo motu (on its own) writ petition and referred to a note given by an advocate, assisting the court as amicus curiae, in this regard. Supreme Court should review laws that violate the fundamental rights of citizens.149 of the total 1,401 jails in the country had an overcrowding rate of more than 200 per cent as on December 2015 as per the data compiled by the National Crime Records Bureau. In the Model Prison Manual 2016, the minimum accommodation space per prisoner in Sleeping Barracks suggested is 3.71 sq mt and 8.92 sq mt of ground area in Cells. No Central statistics are available on the actual space available to a prison inmate in different jails. However, a central scheme for modernisation of prisons, with a financial outlay of Rs 1,800 crores, was launched in 2002. Under this scheme, 125 new jails were constructed and 1,579 barracks were added to existing prisons. There after no such concrete infrastructure are made for Indian jails. A study on deaths behind bars reveals that on an average almost 1,000 prisoners die in custody every year, and 90 per cent of them are under-trials. Statistics also revealed that most under trial punishment are converted into death penalty. Also, the death of a prisoner is never considered a custodial death, rather shown as a case of natural death. The prisoners who get life sentence are the permanent members in jail, and they are rising day by day. Biggest reasons for overcrowding in prisons are the overwhelming number of under-trials awaiting a verdict. According to the Prison Statistics India 2015 report published in September, 67 per cent (or 282,076) of the total 419,623 inmates in India’s 1,401 prisons is under-trials. Dadra & Nagar Haveli, with 276 per cent has the most overcrowded prisons, followed by Chhattisgarh (234 per cent) and Delhi (227 per cent).
If trials and convictions took place in a timely manner and the judiciary was working at full force the number of inmates in prisons would have drastically reduced. According to the report, more than 3,500 under-trails have been in jail for more than five years awaiting a trail — in many cases the time these under-trials would have spent in jail if convicted would be shorter. Another reason why there are a high number of under-trails is that many of them do not have adequate access to legal aid. Here we often hear stories of how petty criminals turn hardcore after spending time in jail. Jails often become, and continue to be, places where criminals cool their heels while plotting future plans. Also, modernisation of jails has been a project in the pipeline for far too long and it’s time some visible progress is made on this front.
Jails are meant to be correction facilities, where convicts are expected to realise their mistakes and are guided to become better citizens by the time they finish their sentence. In the process they are also trained in skills to prevent them from going back to their old ways once their sentence is served. The basic purpose of a prison in a modern democracy is that of a correctional facility — but that’s not the case in India. The criminal justice system is not well served if jails continue to be in such a shuffle.
It asked the Chief Justice of each High Court to also take up this issue as a suo motu writ petition. Overcrowding in prisons has a direct, but often underrated, impact on the security of prisons, and health and hygiene of inmates. It, jail authorities agree, also has an adverse effect on the mental health of inmates.
The Centre also apprised the court that steps were being taken to encourage setting up of ‘open prisons’ and a model uniform rules for the administration of open correctional institutions have already been framed. Semi-open prisons or open prisons allow convicts to work outside the jail premises and earn a livelihood and return in the evening. The concept was brought in to assimilate the convicts with the society and reduce their psychological pressure as they faced lack of confidence in leading normal lives outside.
During the hearing, the amicus informed the apex court that there were 63 open prisons across the country but the existing capacity was not being fully utilised.
The state governments and Union Territory administrations should also seriously consider the feasibility of establishing open prisons in as many locations as possible. The court, which is hearing a matter relating to inhuman conditions prevailing in 1,382 prisons across the country, had earlier passed a slide of directions over unnatural deaths in jails and on prison reforms across India.
Suicide rates in Indian prisons were abnormally high. It could be attributed to anywhere between 5-11 per cent of the total number of prison deaths. Police brutality was often a major cause of such suicides. There is an urgent need to undertake steps to create a robust and impactful prison health system in order to tackle a great deal of these health associated problems that persist in Indian prisons.
(Any suggestions, comments or dispute with regards to this article send us on feedback@www.afternoonvoice.com)
There are many sacred cows in India but two institutions are most important the Supreme Court of India (SCI) and the President of India who (of late) have been damaging the Republic of India, as if, with vengeance. The glaring following instances are sufficient to support this charge:
(i)- The status-quo-ante of Babri-Masjid is still not restored which is criminal contempt on the part of SCI for lowering the authority of SCI because it was demolished in the presence of SCI Observer in 1992 (whereas before that other Courts and SCI have been illegally moving forward about deciding the title suit and its appeal) and which thus emboldened the communal ‘Hindutva’ forces which resulted in many communal riots (euphemism for massacre of thousands of innocent Muslims including in 2002 in Gujarat) and thus practically made SCI complicit in bringing ‘Hindutva’ communal forces (BJP) in power at Center and in many States.
(ii)- During criminal demonetization of 2016 -17 entire India suffered (many even died) but the SCI did not stop it though technically RBI became bankrupt even under section 26 of RBI Act itself [which authorized Government of India (GoI) to demonetize Rs 500 and Rs 1,000 currency notes] when GoI gave date of third day when demonetized legal tender could be replaced by other denominations of legal tender but these were simply not available with the agents of the RBI namely commercial banks and post offices etc
(iii)- The then President of India was complicit in this criminal demonetization for the simple reason that President did not oppose it under Article 74 (1) of the Constitution though the printing of Rs 2,000 currency notes (which was meant to replace demonetized currency notes) had started months before taking the sanction of the Cabinet, for this momentous demonetization, by the Prime Minister.
(iv)- All the five judges of SCI including then CJI and present CJI were guilty of criminal contempt under section 2 ( C) (i) (ii) of Contempt of Court Act (about scandalizing the Court and for interfering in due course of judicial proceedings of the Court) when 4 Judges of SCI (instead of complaining to President of India) took press conference in January 2018 and no action was initiated against these 5 Judges of SCI (including impeachment) by President of India and the then CJI did not initiate criminal contempt proceedings against these 4 judges of SCI.
But this is much more serious issue where the President of India and SCI are complicit in not only allowing, so long, the GoI in inflicting fraud on Indian Constitution by way of amending Article 370, repealing Article 35-A of the Constitution and bifurcating the State of J&K into two Union Territories (without consulting the representative of the people of J&K while absurdly considering GoI’s own representative the Governor as the representative of the people) but also in condoning the denial of fundamental / human rights in J&K (mainly in Kashmir) and lock-down of Kashmir since August 5, 2019.
This (the said Kashmir issue) has rendered the Indian State dysfunctional where under the influence of communal majoritarianism (buttressed by dereliction of SCI as mentioned above about its failure to restore the Status-quo-ante of Babri Masjid) the Muslims of Kashmir are suffering since August 5, 2019 and entire India and all the organs of Indian State (including the fourth, the media) are either silent or are giving only lip service to these beleaguered & harassed people of J&K (mainly of Kashmir).
Therefore the Kashmiris should stop giving disproportionately & undeservedly high respect to President of India and SCI and should stop treating these two institutions as scared cows rather (may be through Kashmiris living in Delhi or out of Kashmir) should immediately carry-out demonstration against President of India at Jantar-Mantar (designated place for this in India’s capital Delhi) where after this demonstration a memorandum should be given to the President of India mentioning & demanding the following:-
(1)- First and foremost it should be mentioned that the incumbent President Ram Nath Kovind has come to Rashtrapati Bhavan not merely on the basis of his merits (which are impressive) but also because he belongs to weaker section of the society the so-called ‘Dalits’ (oppressed) hence it is believed that this will create confidence among all the weaker sections of the society in India. Hence Kovind should not forget that if he allows Muslims to be persecuted & harassed in India (by destroying the vitals of Indian republic) then other weaker sections of the society in India (including his community the ‘Dalits’) will also face the same persecution & harassment with impunity.
(2)- It should be mentioned that the State of J&K is not like other States of India and is not (automatically) an integral part of India rather its fate as per ‘Instrument of Accession’ (IoA) is legally expected to be decided by plebiscite (the will of the people of United-J&K) and till then Article 370 & 35-A of the Constitution are necessary temporary constitutional provisions (for keeping J&K outsiders-free in the interest of free & fair plebiscite and for running J&K politically, legally and administratively as per the wishes of the people of J&K).
(3)- It should be mentioned that the dereliction of GoI for the last 70 years (by not carrying out plebiscite as per IoA) has not only created chronic & gory Kashmir problem which has caused immense loss of lives, blood, properties and honor in J&K (mainly in Kashmir) and GoI through its security forces has been showing ‘bravery’ (not by retrieving PoJK for carrying out plebiscite) but by training guns at civilians of J&K (mainly of Kashmir) under protection of AFSPA, SPA etc. but now GoI has also lock-down Kashmir, destroyed economy of entire J&K and the fundamental / human rights in Kashmir have been denied in J&K (mainly of Kashmir) since August 5, 2019 (by inflicting said fraud by GoI on Indian Constitution).
(4)- It should be mentioned that the sedition etc for separation is criminal offense applicable only in rest of India hence people of J&K (mainly Kashmiris) are illegally detained, arrested and imprisoned before and after August 5, 2019 simply because they demand separation (though it is the constitutionally guaranteed political fundamental right of the people of J&K as per IoA because during plebiscite, as mandated by IoA, they can opt for India or for Pakistan or for independence).
(5)- It should be mentioned that despite many writ petitions in SCI for stopping & quashing the said fraud which GoI inflicted on Indian Constitution (by way of amending Article 370, repealing Article 35-A of the Constitution and bifurcating the State of J&K into two Union Territories) and for restoring the fundamental / human rights of the people of J&K (mainly of Kashmir) the SCI is simply & conveniently sitting on these writ petitions and not discharging its constitutional obligation to promptly enforce their fundamental rights constitutionally guaranteed under Article 32 of the Constitution.
(6)- Therefore it should be demanded through this memorandum that the President of India should immediately under Article 143 (1) of the Constitution which reads as – “[If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon]”- should obtain opinion of SCI as to why despite so many said writ petitions in SCI the fundamental human rights of the entire State of J&K are being denied to them and the Kashmir valley is locked down since August 5, 2019.
It is hoped that the Kashmiris living in Delhi and out of Kashmir (who are not locked-down) will come forward to immediately carry-out demonstration at Jantar-Mantar (and then memorandum to the President of India) as mentioned above in order to bring succor to the people of J&K (mainly of Kashmir) who are being harassed and beleaguered (with impunity) in utter violation of rule of law by GoI and which is being condoned by SCI, in a legally & constitutionally objectionable manner.
Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of AFTERNOON VOICE and AFTERNOON VOICE does not assume any responsibility or liability for the same.
Swachh Bharat Abhiyan was officially launched on October 2, 2014 at Rajghat, New Delhi, by Prime Minister Narendra Modi. It is India’s largest ever cleanliness drive with 3 million government employees, and especially school and college students from all parts of India, participating in the campaign. Ever since the Swachh Bharat Abhiyan getting much needed importance people are cleaning the surroundings in a very big way and that is shaping up very well as people do not want litter public places and that include roads and the parks in a city. Having realised the importance and enjoying the benefits of having a clean and green city we would like to extend its reach in other aspects of life as well.
Even though we have established roots for such a campaign on cleanliness with effect from April 1, 1999, the government of India restructured the Comprehensive Rural Sanitation Programme and launched the Total Sanitation Campaign (TSC) which was later (on 1 April 2012) renamed Nirmal Bharat Abhiyan (NBA). Nirmal Bharat Abhiyan was restructured by Cabinet approval on September 24, 2014 as Swachh Bharat Abhiyan. Swachh Bharat Abhiyan aims to eradicate open defecation by 2019. It is a national campaign, covering 4,041 statutory cities and towns and it is a constructive approach to avoid health hazards by keeping the city and its environment neat and clean.
It is a common sight to see dog owners taking their dogs out in the early mornings or late evenings or anytime they like to respond to their nature’s call on the roads and making the streets filthy. This regular practice of dogs’ peeing or defecating on the roads as well as inside residential complexes has to stop. It is time now that the owners should know how to handle the poo habits of their pets and at the same time take proper responsibility of their pets. Let it be loudly known that it is just not tolerable to let the pets out to litter on the roads, let alone other nuisances to the neighbourhood and even threat to others’ life emanating from these dogs and their stylish lovers.
This is not the first time that corporations have issued a notice for imposing penalties on pet owners with regard to the filthiness caused by their pets on the roads. Several notices were issued earlier also to deter people from littering the city by spitting, urinating and throwing garbage. But these could not implemented. In most countries, littering on the roads by pets is banned. Pet owners take full responsibility of keeping the roads litter-free by keeping the pets on leash while walking on the roads, carrying a bag with them to take the dog’s shit on the roads back home for disposal.
In India, we fail to understand the crux of the problem and we take everything for our convenience resulting in failure to address the health hazards in a proper way. We lag behind developed countries by 20 years and never care for picking the dog’s shit from the street to provide a better environment and thereby avoiding spreading of diseases. The state government was able to curb spitting to certain extent in public places as we are almost successful in avoiding plastic bags in the city to prevent clogging of drainage system during monsoon season. The drive, ‘Scoop Your Pet’s Poop’ will be launched and it should be given pride of place as in the case Swachh Bharat Abhiyan to make it a successful one in the days to come. We all long for a clean and greener Mumbai and the dog owners should also extend their helping hand and set an example in this exercise.
(The views expressed by the author in the article are his/her own.)
Sena should have dialogue with BJP to resolve Aarey issue
Judicial custody for 29 silent protestors at Aarey comes as a shock as youngsters were merely trying to sound sense to save environment and protect trees which act as ‘lungs’ to a polluted city where heart as well as lung ailments are on the rise. Will declare Aarey a forest when Sena comes to power is just a poll promise and Shiv Sena should not wait for election results but talk to its alliance partner or make efforts on its own to save ecology if they truly care about environment and the health of the people.
Metro is absolutely necessary and we all welcome the infrastructure which would be a boon to Mumbai’s traffic woes. Devendra Fadnavis has done excellent job in the city’s development but seems to have been misled by some as far as recklessly axing trees in the green belt of Aarey when an underground carshed in the same locality is possible in today’s world of high-tech engineering. Citizens respect the High Court verdict but hope the decision gets a hearing in the higher courts so that we do not have to repent later if the SC does not agree with the HC verdict. The law should be stringent on those who have siphoned of thousands of crores of rupees in frauds and not on innocent youngsters who are acting as watchdog of environment for no monetary gains!
S.N.Kabra
Dussehra marks the victory of good over evil
Dussehra is a ten days and nine nights long Hindu festival. It marks the victory of goodness over evil power, such as victory of Rama over Ravana and the victory of Durga over Mahishasura. It sends a strong message to people that in a battle of right and wrong, righteousness always triumphs victorious. The festival of Dussehra is mostly celebrated outside the homes, in community places, in the form of fairs ranging from small to large.
The main attraction of the fair is a large effigy of Ravana, which is dramatically burned down to ashes by a member of the public depicting Lord Rama.
Dussehra is also called as Vijayadashami, which is a combination of two words, ‘Vijaya’ meaning ‘victory’ and ‘Dashami’ meaning ‘tenth’. Hence, Dussehra is celebrated on the tenth day with great enthusiasm and fervour.
JubelD’Cruz
(The views expressed by the author in the article are his/her own.)
A special bench of the Supreme Court on Monday asked the Maharashtra government to ensure that no trees are further axed at Mumbai’s Aarey Colony.
A Bench of Justices Arun Mishra and Ashok Bhushan directed the government to maintain the status quo and said it would further hear all the petitions in the matter on October 21.
The court passed the directive after hearing a suo moto PIL based on a letter written by a group of law students to the court against the felling of trees.
Solicitor General Tushar Mehta assured the bench that no trees will be further cut in the Aarey Colony. He told the court that the people who were arrested for protesting against Mumbai Metro Rail Corporation Ltd (MMRCL) action were released. “In case those are still not released shall be released immediately,” Mehta assured the court.
The court also asked Mehta to include the Ministry of Forest and Environment as a party in the matter.
Senior advocate Sanjay Hegde was representing the group of law students’ who sent a letter to Chief Justice Ranjan Gogoi, prompting him to set up a special bench to hear the matter.
During the course of hearing, Justice Arun Mishra asked whether or not the Aarey Colony was the eco-sensitive zone. To which, advocate Gopal Sankaranarayan said, “Wider issues relating to Aarey being a forest or not has been pending before the Supreme Court in a 2018 matter.”
He also apprised the court that a matter is also pending in National Green Tribunal as to whether Aarey is an eco-sensitive zone or not. “As the matter is pending the authorities should have not gone ahead with the felling of trees,” Sankaranarayan submitted.
On Sunday, the court received a letter by the students’ group against the axing of trees in the Aarey forest, decided to pursue it as public interest litigation (PIL) and constituted a “special bench” to hear the matter.
The Mumbai Metro Rail Corporation Ltd (MMRCL) started axing the trees on Friday night after the Bombay High Court rejected a bunch of petitions filed by NGOs and activists against the tree felling. Resolved to save the trees, many protestors gathered at the site to raise their voice against the felling of trees. Later, more people joined the protestors near the Aarey colony area, where the Mumbai Police imposed Section 144, thereby banning unlawful assembly. The protesters have been demanding the relocation of the bus depot, which is a part of the Metro III project.
The police had held at least 84 protestors for allegedly disturbing public order and obstructing government officials from performing their duties. Twenty-nine out of 84 protestors were sent to five-day judicial custody by a local court on Saturday. The 29 protestors were granted bail on Sunday by Dindoshi court on a cash bond of Rs 7,000 each and asked to appear at the police station for further inquiry.
Leaders from various political parties including Shiv Sena and Congress have condemned the move to fell the trees. On October 5, the Bombay High Court had refused to entertain urgent mentioning by Aarey activists to stay the ongoing tree cutting.
Political drama has started over cutting of trees in Aarey Colony of Mumbai for construction of car shed of Mumbai Metro 3. Opposition parties hit back at ruling alliance BJP-Shiv Sena for felling of over 2500 trees while Shiv Sena slammed the state government for this. Shiv Sena is on back foot over the issue of felling trees in Aarey. The party is trying to save its face in this matter. Earlier, Sena had strongly opposed the cutting of trees in the area. Congress accused the Sena of adopting double standards in this case, saying the Shiv Sena ruled BMC has given the permission of axing trees. The party said that it will raise this issue in state assembly elections which is scheduled on October 21. On the other hand, the BJP said that Metro rail project is essential for the development of Mumbai and state. Union Environment Minister Prakash Javadekar defended the government’s action of axing trees in Aarey Colony.
When our correspondent Nikhil Sagare spoke to Congress leader Bhai Jagtap he said,“Shiv Sena is adopting double standards. Sena had said that they care about the environment but the reality is far different. Congress has worked in favour of environment conservation and environment laws were made stringent during our party’s reign. Why should one choose Aarey colony to construct car shed when many other locations are available in the city?”
Meanwhile, police detained Vanchit Bahujan Aghadi (VBA) chief Prakash Ambedkar on Sunday when he tried entering Aarey to protest. Later on, he was taken to Powai. Prior to this, NCP MLA Jitendra Awhad, Shiv Sena leaders Priyanka Chaturvedi and former Mayor Shubha Raul were also detained for protesting against the cutting of trees. As officials started cutting down trees, police imposed Section 144 CrPC in Aarey Colony and cordoned off the entire area. Security forces managed to scatter people who were protesting against the government’s decision. Twenty nine college students were arrested and 38 persons were booked for protesting over felling of trees. Many people did not come forward to protest due to fear of being arrested and police action.
Shiv Sena spokesperson and deputy chairman of the legislative council Neelam Gorhe said, “We have tried to convince government on every issue. We have taken up this matter in the assembly, cabinet. We have given application and had discussion with the government. There can be two opinions pertaining to an issue within the government. Instead of supporting our stand they want to malign our image.”
The cutting of the trees continued despite protests by people and various political parties. The activist filed an appeal in Bombay High Court for stay during the felling of trees. But High court refused to stay. Shiv Sena Chief Uddhav Thackeray tweeted, “The upcoming government will be our government, and once we come to power once again, we will deal with the murderers of Aarey forest in the best possible manner.” Yuva Sena chief Aaditya Thackeray criticised Mumbai Metro Rail Corporation Limited (MMRCL) for cutting trees. He also condemned arrests of people protesting it.
BJP MLA Atul Bhatkhalkar said,“The Bombay High Court has given permission for cutting trees at Aarey Colony. Metro is necessary for Mumbai’s development. This issue will not affect our chances in the upcoming polls.”
It is worth mentioning that there are 4.8 lakh trees in Aarey. On August 29, the BMC tree authority gave green signal to axing over 2600 trees in Aarey Colony. The BMC tree authority ordered to cut 2185 trees and to transplant 461 trees. Environmentalists and activists filed petitions in Bombay High Court against this decision in September. Next day on September 17, the High Court stayed the felling of trees till September 30. On October 4, the High Court dismissed all petitions in this case. Within few hours of High Court’s decision, officials started cutting of trees in the Aarey Colony amid tight security.
People have expressed their anger on social media regarding this action in Aarey Colony. Twitter is abuzz with tweets against felling of trees.
Journalist Nikhil Wagle tweeted over this issue, “Government will go down as the most cowardly and undemocratic government in the history. What was the urgency to cut down #Aarey trees in the night with heavy police protection? It is a direct assault on the right to life of Mumbaikars. SHAME!”
Shreya Nair tweeted, “My sister and best friend were arrested last night during the #Aarey Protests. They were manhandled and have been charged with a non bailable offence. Citizens with a voice being treated like criminals. Videos floating in of random arrests being made to spread fear.”
Progressive Students’ Union tweeted, “This is the situation at #Aarey. People are being detained. Protesters are being lathicharged. Section 144 is imposed. Injustice is at it’s peak. Politicians are busy in election propaganda. Trees are being cut down. MUMBAI IS DYING.”
Actor and Producer Farhan Akhtar tweeted, “Cutting trees at night is a pathetic attempt at trying to get away with something even those doing it know is wrong.”
Congress leader Milind Deora tweeted, “The brutal felling of trees at Aarey is a major setback for Mumbai. It’s like repeatedly stabbing yourself in the lungs! When cities destroy coastlines & green cover, they’re advancing the doomsday clock.”
Shiv Sena leader Priyanka Chaturvedi tweeted. “On my way to #aarey and main entry points to the site have been blocked by Mumbai Police!”
Former Congress MP Priya Dutt tweeted, “A sad day today where so called development wins over quality of life and preservation of environment. The trees are already being chopped down in the dark of the night. This is murder of mother nature and we will all have to pay for it. God help Mumbai.”
The protest continues over felling of over 2,500 trees in Mumbai’s Aarey Colony for the proposed car shed for Mumbai Metro 3, a big political row has erupted. Protests intensified leading to the arrests of 29 people and 38 being booked. Several leaders were also detained while protesting. Meanwhile, allies Shiv Sena and BJP have been at loggerheads over the issue. The opposition in Maharashtra blamed the ruling alliance for the “slaughter” of trees. Congress slammed Shiv Sena of adopting double standards by condemning BMC tree authority’s decision to cut trees but continuing to support the BJP-led government. Political drama is heating up over the axing of trees and more reactions are pouring in, but one must know the reality and act like matured citizen of Mumbai.
Some politicians have mentioned that they are not “opposed” to the idea of Mumbai metro but only to the construction of the metro shed 3 at the “Aarey Forest” which are the “lungs” of Mumbai etc. The Protestors argue that the present government is killing the lungs of the city and destroying forests and that the move is anti-environment. So let me break it to you, this same government has planted 33 crore trees in the last 5 years. There are 3691 trees in Metro 3 depot land out of which 461 trees are to be transplanted and 2185 trees are to be cut and 13110 trees will be planted. It is important to note that these 3691 trees occupy approximately 17% of the total land that the Metro 3 project will be built upon (30 Ha.).
Mumbai Metro is an ambitious infrastructure project that attempts to connect every nook and corner of the city. A city clogged with traffic and people this comes as a mode of quick, safe and cheap transit. The state government aided by the Central government has undertaken this ambitious project as if they are in a war. The war is for providing a better lifestyle to the hardworking Mumbaikars. Facts mention that at least 10 commuters die daily on the railway tracks having fallen off the local trains. Mumbai locals are working on thrice their actual capacity and are massively clogged as of now. This city deserves a better infrastructure. Mumbai Metro may solve this problem. Moreover, an average Mumbaikar travels for hours being on the road, huge traffic, and terrific crowd needs some alternative. For development, some states have demolished temples and some cut the trees. Very important to note that the Sanjay Gandhi National Park is spread over 11,687 hectares and Aarey Colony in 1287 hectares. Out of the 1287 hectares, the metro car shed will be only built on 30 Hectares of Aarey land and even within that 5 Hectares has been kept intact for greenery. So in a nutshell, only 2% area of the entire Aarey Colony will be utilised for the proposed metro car shed. Not just that this metro line 3 shall reduce 6.65 lakh vehicular trips per day and an overall reduction in fuel consumption by 3.54 lakh litres per day! The current status of the project is pretty impressive too. While 61% of tunneling being already completed the station work has achieved 40% of completion status. The government has already incurred 11,198 cr of expenditure on this project while awarding 10 contracts to specialised systems agencies.
The current agitation being led by Bollywood actors, activists, NGO’s and few citizens are primarily with the shed being constructed under the Metro 3 project. Lot of protesters are not aware of the actual facts and are being mislead by the NGO bunch with half trusts and half lies. There are some people who are opposing it simply because they hate BJP and some protestors are political parties, ahead of 2019 assembly elections they want to encash this issue to their advantage. Mumbai will potentially be safer to travel and environmentally richer with a Metro and 2700 trees less, than it will be with 2700 trees but no Metro. Every single day that the project is postponed, 8 people die falling from the Mumbai local (18,000 deaths in 5 years!). Every single day that the project is postponed, vehicles on the roads remain the same (or increase) and stressful traffic leads to further CO2 emissions. Consequently, the Metro line will help reduce the burden on both the local train and vehicular traffic, making our mass public transport relatively safer. The Metro will help reduce CO2 emissions by 2.62 lakh tonnes per annum. That’s not my opinion, or the government’s. It’s an assessment by the UNFCC. To give you a reference point, 3000 trees would help reduce CO2 emissions by 82 tonnes a year. A promise has also been made to plant thrice as many trees cut, and while none other than NASA has acknowledged India’s efforts towards “Greening” of the planet one should be suspect of such promises earlier this year.
No one likes trees being cut. Not me, not the activists, not the MMCL, not Devendra Fadnavis, we are all on the same page! Our conscience is hurt with the idea that trees might have to be cut, and rightly so. But our conscience must also hurt for people that die daily falling over from local trains. Our conscience must hurt knowing that a BEST bus that is supposed to carry 51 people is carrying 120 and a local train that is supposed to carry 1,174 passengers is carrying 6,000. It’s not “bad luck” when there’s a stampede or a bridge collapse and people die, in fact it’s a miracle that it doesn’t happen more often. We need to save Aarey, but we also need to save the people who die because this city’s infrastructure is crumbling around them. And it would be disastrous if we left their fate to chance, only because we failed to see the bigger picture.
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Adv. Pratibha Bangera (Advocate and legal Expert in litigation and commercial law) explains process to attest documents when you are out of the country with our Editor-in-Chief Dr Vaidehi Taman.
Can an Indian sign a legal document outside India?
Yes for purpose of attestation of documents one can visit the Indian embassy and get it attested, provided these documents are to be used for purpose of legal filing or representation in India. If a person is travelling out of India or is a student or temporarily residing out of India, he can visit the Indian embassy office in that country with prior appointment and get his documents “attested” before the Consulate General of India.
What is Attestation?
It is a procedure to verify the authenticity of documents to be submitted before any authority or court.
What is the process involved for authentication of such documents?
The Consulate General of India has the power to verify the address and id proof of the citizen by verification of original passport along with the copy submitted and thereafter attest the documents taken before him. Documents such as Power of Attorney or court affidavits or petitions can be attested for purpose of identification and verification. The office of the Consulate General will do the same before affixing stamp and seal of the Indian Consulate on documents required to be attested.
Can a visiting foreigner sign a document to be produced in his country at the Indian Consulate?
No. A foreigner can visit the Consulate of his own country in India and attest it as per norms of his country and either send documents by Indian post or courier to his representative in his country for legal purposes.
How does the Indian Consulate verify any Indian who wants to sign a document before them?
The Passport of such Indian is required along with a passport size photograph of the person signing before the Indian Consulate General. The Consulate general may also require a copy of the address proof and id proof along with passport copies for purpose of records.
What is the validity of such documents?
The documents attested before the Consulate general are valid and cannot be challenged in any court of law unless the papers or stamps are forged
What is the time taken for this process?
In most countries there are proper website of the Indian Consulate in such country and all procedures are mentioned for seeking date of appointment or interview and verification.
Can a marriage be registered by the Consulate General?
No. Registration process can be done online but a certificate of marriage is given only by the Registrar of marriages. The bride and bride groom will have to visit the office of registrar of marriages personally or even register before their local municipal authority if there is a section assigned for registration of marriage after their marriage is conducted.
Can a person file a court case by attesting his court affidavits before Consulate General ?
Yes one can get such documents attested however all such petitions should be accompanied by a constituted attorney or “power of attorney holder” (adult Indian relative or friend or employee) and in some cases you may also need permission of the court to present such petitions through the power of attorney holder in India.
Can a lawyer be a power of attorney holder?
No a lawyer cannot be made a power of attorney holder for legal representation. Lawyer can be appointed to represent a case or for identification of person but lawyer cannot be made a constituted attorney.
Can a person purchase a property before the Consulate General?
Property cannot be registered before a Consulate General. Property purchase is subject to payment of government valuation of property by way of stamp duty and registration fees and property can be registered only before at the office of Sub Registrar of Assurances assigned as per pin code of the area of the property situated.
Can a company attest its documents at the Consulate?
The authorized signatory can represent the company after passing necessary board resolution and by way of power of attorney given by company to represent along with the company seal and board resolution and authority letter of Company may be required.
Dussehra is celebrated all over India by people belonging to the Hindu community. But in the place where I reside, loud music accompanied with dancing, goes on even after midnight during the nine days of the Navratri festival, although the deadline to stop music as declared by the court is 10 pm. Complaining to the police does not help as they (the police) are bribed by the organisers to let the music play even after midnight.
JubelD’Cruz
Time to replace dishonest MLAs
Poll promises often never get fulfilled but citizens should vote judicially so that their voice gets heard in a democracy. Elections are time when voter is supreme and for once they are the examiners and candidates the students. Flooding is Mumbai’s biggest problem and the city drowns in a few minutes of heavy downpour. City’s drainage system needs upgrade and this should be the up most demand of the people. Travelling in crowded local trains is a big challenge and city needs alternate transportation like metro, sea route the work for which should be speeded up in the times to come. Mumbai in recent times have become a concrete jungle and the situation can be neutralized by planting more trees, constructing gardens as well as more parks and playgrounds.
This is assessment time of your corporators performance and those who failed to meet your expectations should be replaced. Penalise corrupt MLA’s and vote for honest ones in your constituency.
S.N. Kabra
Aarey Millk Colony trees cuttings
Bombay High Court should have certainly covered a host of issues before giving its judgement, agreeing with the proposal to cut down certain number of trees. But then, it is the government’s responsibility to make serious attempt to convince the people, the public, as to why the trees need to be cut and why it could not wait till the issue is heard by the National Green Tribunal (NGT), which has scheduled to hear the case on Oct. 10th. It is now or never position and a make or break situation.
Nikhil Mani
Reasons for recusal by judges should be made compulsory
It refers to media-reports mentioning that as many as five judges of Supreme Court recused themselves from hearing a case. Recusal by judges from cases is not uncommon. Earlier also a Supreme Court judge recused himself from the bench hearing an appeal challenging closure of politically sensitive Bofors case. A judge of Delhi High Court once recused herself from hearing a case where she herself issued notice to former President Pranab Mukherjee after admitting a writ filed by some individual urging some contents of the book authored by the former President to be deleted.
Recusal by judges from cases is not uncommon. Only recently a Supreme Court judge recused himself from the bench hearing an appeal challenging closure of politically sensitive Bofors case. Such recusal of judges resulting in formation of new benches results in unnecessary delay in hearing of cases. There have also been incidents when judges of higher courts have written to sitting Chief Justice of India about pressure and influence especially also from politicians.
It should be compulsory for judges to record reasons with complete details for seeking recusal. It will induce transparency and accountability in justice-delivery-system imposing an effective check on incidents of trying to influence or pressurise judges.
Madhu Agrawal
(The views expressed by the author in the article are his/her own.)
The BJP and Shiv Sena’s decision to contest 150 and 124 seats has not gone down well with smaller parties like Rashtriya Samaj Paksh and Republican Party of India (A). Rashtriya Samaj Paksh chief Mahadev Jankar expressed his displeasure over the seat sharing issue. According to Jankar both Shiv-Sena and BJP have bagged major chunk of seats and have allotted very few seats to smaller parties. Jankar said, “BJP has deceived me and cheated my party.”
There are many sacred cows in India but two institutions are most important the 
Swachh Bharat Abhiyan
Sena should have dialogue with BJP to resolve Aarey issue
A special bench of the 
Political drama has started over cutting of trees in 
Adv.