Re: [IAC#RG] CORRUPTION COMPLAINT : Vigilance Department of GNCTD

Dear Raminder

Unfortunately the documents with IAC suggest that AK's Gopal Mohan is not an IIT graduate let alone being any kind of PhD. In any case how is it that an IIT graduate of 2013 becomes a Phd from IIT in 2011.

This is the usual kind of AAP puffery because a) Nobody cares to expose them b) The paid media will not publish the expose.

For instance the 1031 ant-corruption helpline racket Aam Aadmi Party is running is clearly a blatant extortion and blackmailing scam at public expense. It is supervised by some unknown Gopal Mohan - maybe there are 2 or 3 such Gopal Mohans which are causing such confusion. Now many of the citizen victims who are now being reverse targeted by SHOs and Tax officers etc for complaining to 1031 are approaching IAC for justice against this Gopal Mohan. So in public interest the IAC is caused to ask Arvind Kejriwal to disclose everything he knows about this Gopal Mohan who by virtue of being on his personal staff is privy to official secrets of Delhi Govt. without being administered any oath of office and secrecy

To circumvent these inconvenient questions from IAC, since we now know that the 1031 helpline was actually Arvind Kejriwal's private / personal anti-corruption phone number and staffed by Aam Aadmi Party workers sitting in Caretel Dalmia's call centre booths generating information to blackmail citizens and harass honest govt officers, Kejriwal is going to produce some B.tech and M.Tech degrees from dubious colleges like MDU Rohtak and pass them off as IIT Delhi extension degrees.

Sarbajit

On Sun, Nov 6, 2016 at 1:46 AM, Raminder Singh <ramisingh.bbc@gmail.com> wrote:

Sarbjit

I think you are referring the Gopal Mohan who is Anti-Corruption advisor to CM and has a Ph.D from IIT Delhi in robotics or artificial intelligence. He told me he had completed his PhD in 2011 when I met him during the Ramlila ground protests and he is completely devoted to Arvind and nowadays is just like part of Kejriwal household.

It would probably be easier to just file an RTI with IIT-Delhi since AAPians are all brainy peoples who have no objections to their education degrees and grades being disclosed.

Raminder

On Sat, Nov 5, 2016 at 11:17 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To:

Chief Minister

Govt. of NCT Delhi

Dear Chief Minister

India Against Corruption is constrained to report that somebody called "Gopal Mohan" employed as your Vigilance Advisor at a hefty salary, has, for quite some time, been claiming and representing through the media that he is a graduate from IIT Delhi - and probably that is why you employed him in this post.

eg: http://indianexpress.com/article/news-archive/web/inside-the-aam-aadmi-party/

"Gopal Mohan, in charge of the New Delhi campaign and a graduate from IIT-Delhi, believes the party's chances are improving each day"

Since people from IIT-D question this claim as probably false, I would kindly request you to urgently provide me, and the world, a copy of Mr.Mohan's degree certificate, if any, from IIT Delhi.

Furthermore, now that the Delhi Development and Dialogue Commission has been closed by you, do you think it is prudent to provide Ashish Khetan another office within the Delhi Sectt building  on the 4th floor just 1 door away from the same highly sensitive Vigilance Division which is also investigating the many complaints in the 125 crore MCD/Transport Dept RFID scam made against him ?

Look forward to meeting you and other RTI activists from AAP at the CIC's RTI convention on 7-8 Nov at DRDO Bhawan.

Sarbajit Roy

INDIA AGAINST CORRUPTION

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Re: [IAC#RG] CORRUPTION COMPLAINT : Vigilance Department of GNCTD

Sarbjit

I think you are referring the Gopal Mohan who is Anti-Corruption advisor to CM and has a Ph.D from IIT Delhi in robotics or artificial intelligence. He told me he had completed his PhD in 2011 when I met him during the Ramlila ground protests and he is completely devoted to Arvind and nowadays is just like part of Kejriwal household.

It would probably be easier to just file an RTI with IIT-Delhi since AAPians are all brainy peoples who have no objections to their education degrees and grades being disclosed.

Raminder

On Sat, Nov 5, 2016 at 11:17 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To:

Chief Minister

Govt. of NCT Delhi

Dear Chief Minister

India Against Corruption is constrained to report that somebody called "Gopal Mohan" employed as your Vigilance Advisor at a hefty salary, has, for quite some time, been claiming and representing through the media that he is a graduate from IIT Delhi - and probably that is why you employed him in this post.

eg: http://indianexpress.com/article/news-archive/web/inside-the-aam-aadmi-party/

"Gopal Mohan, in charge of the New Delhi campaign and a graduate from IIT-Delhi, believes the party's chances are improving each day"

Since people from IIT-D question this claim as probably false, I would kindly request you to urgently provide me, and the world, a copy of Mr.Mohan's degree certificate, if any, from IIT Delhi.

Furthermore, now that the Delhi Development and Dialogue Commission has been closed by you, do you think it is prudent to provide Ashish Khetan another office within the Delhi Sectt building  on the 4th floor just 1 door away from the same highly sensitive Vigilance Division which is also investigating the many complaints in the 125 crore MCD/Transport Dept RFID scam made against him ?

Look forward to meeting you and other RTI activists from AAP at the CIC's RTI convention on 7-8 Nov at DRDO Bhawan.

Sarbajit Roy

INDIA AGAINST CORRUPTION

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[IAC#RG] More outstanding issues to be resolved concerning INDIA AGAINST CORUPTION

​

To:

Bhrashtachar Virodhi Jan Andolan Nyas, "BVJAN"

<annahazareoffice@gmail.com>, through

a)            Shri Ashok Ramesh Sabban (Trustee / Secretary)

<ashok.sabban@gmail.com>

b)            Shri Allauddind Maqbul Shaikh (Trustee / former Secretary)

<amanalu512@gmail.com>

Date: 06 November 2016

BY EMAIL

Respected Sirs,

Pranam,

We have noted that our concerns contained in our Private email communication dated 19.Sep.2016 and also 02.Nov.2016 to yourselves have not been responded to. We fully appreciate that Annaji is resting after taxing all-India tour for promoting his biopic.

As we also greatly wish to see preserved Annaji's image as a person with long record of public service, impeccable integrity and lifelong devotion to Gandhian causes like 'ahimsa' etc. we are therefore caused to ask you to urgently inquire from his close associates like Shri Datta Awari  and Shri Sanjay Pathare etc. at Ralegan Siddhi if they are aware of any keen interest some persons linked to one Moin Quereshi (meat exporter) of Kanpur (Uttar Pradesh State) are recently taking in Annaji's various anti-corruption andolans and which is reaching us.

We are urgently trying to contact Annaji's legal advisor Adv. Sham Awaba and Trustee/BVJAN to communicate some facts to him privately but all the telephone numbers for him on your website (www.annahazare.org) are not working and another number we obtained for him was being disconnected when we called.

We once again kindly request your collective active cooperation in resolving our mutual problem.

  

Respectfully,

 

JAI HIND

 

SarbaJit Roy

National Convenor

 

cc: 
Adv. Purobi Ghose Mohan at Mumbai/Maharashtra for India Against Corruption's internal records.

[IAC#RG] CORRUPTION COMPLAINT : Vigilance Department of GNCTD

To:

Chief Minister

Govt. of NCT Delhi

Dear Chief Minister

India Against Corruption is constrained to report that somebody called "Gopal Mohan" employed as your Vigilance Advisor at a hefty salary, has, for quite some time, been claiming and representing through the media that he is a graduate from IIT Delhi - and probably that is why you employed him in this post.

eg: http://indianexpress.com/article/news-archive/web/inside-the-aam-aadmi-party/

"Gopal Mohan, in charge of the New Delhi campaign and a graduate from IIT-Delhi, believes the party's chances are improving each day"

Since people from IIT-D question this claim as probably false, I would kindly request you to urgently provide me, and the world, a copy of Mr.Mohan's degree certificate, if any, from IIT Delhi.

Furthermore, now that the Delhi Development and Dialogue Commission has been closed by you, do you think it is prudent to provide Ashish Khetan another office within the Delhi Sectt building  on the 4th floor just 1 door away from the same highly sensitive Vigilance Division which is also investigating the many complaints in the 125 crore MCD/Transport Dept RFID scam made against him ?

Look forward to meeting you and other RTI activists from AAP at the CIC's RTI convention on 7-8 Nov at DRDO Bhawan.

Sarbajit Roy

INDIA AGAINST CORRUPTION

Re: [IAC#RG] CORRUPTION COMPLAINT : Ex-gratia compensation to Ram Kishan Grewal (deceased)

Titled as martyrs by Chief of AAP to the suicidal Army is not only wrong move but also insult to the army who has given their life while saving border.
Such type of action by public servants should be stopped. There should be some rules for each and everyone, which should not be crossed.

Ankit Khetan
India

On Nov 5, 2016 2:00 PM, Gaur J K <gaurjk@hotmail.com> wrote:
>
> >
> > 05/11/16
> >
> >
> > Dear Sh. S Roy, 
> >
> >
> > All your queries are genuine and relevant and it is nothing but public stunt for the resons mentioned by you.
> >
> > 1. Unfortunate suicide of ex-soldier is indeed a sad event but the fact remains he was not a resident of NCT but of NCR and hopefully knows two are not the same.
> >
> > 2, What is the settled policy of NCT in terms of amount from a few lakhs to a few crores or it depends on the whims of the Chief Minister?
> >
> > 3. What happened /status of the case when a resident of an adjoining State /a farmer commited suicide when he continued to make public speech at jantar Mantar in his presence?
> >
> > 4. Is the power of the Chief Minister of NCT absolute or subject to LG,s clearance for Cief Ministers Relief Funds.
> > 5. If from AAP funds- which the party started to collect from the time of IAC,s JanAndolan  of 2011 and were deposited in his NGO for which he has not given an account-is relevant for you as you have raised this issue in another post.                  regds JK
> > ________________________________
> > From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Sarbajit Roy <sroy.mb@gmail.com>
> > Sent: Friday, November 4, 2016 8:46 AM
> > To: cmdelhi; indiaresists
> > Subject: [IAC#RG] CORRUPTION COMPLAINT : Ex-gratia compensation to Ram Kishan Grewal (deceased)
> >  
> > To
> > Chief Minister/ Delhi
> >
> > Dear Chief Minister
> >
> > I am informed that you have announced ex-gratia payment of Rs.1 crore to family of Ram Kishan Grewal yesterday.
> >
> > If this payment is to be made from Delhi Govt funds, you may kindly ask your Law Dept to review your policy. It is settled law that such ex-gratia payments are for serving employee dying in harness while on operational duty. It is not clear how the deceased fulfils this condition. Furthermore, Ram Kishan Grewal appears to be from near Bhiwani (Haryana State) and his connection to Delhi to deserve such windfall largesse from you is tenuous.
> >
> > Since the notification for this Aam Aadmi Party govt.'s ex-gratia policy is not on the GNCTD website, I would suggest that you seek LG approval and clear rules and guidelines before making any such rash and arbitrary announcements, and also considering the notoriety your Govt is attracting for the rash of dalaals and fixers surrounding you.
> >
> > Of course if this payment is from Aam Aadmi Party's coffers we, the people of Delhi, can have no objection.
> >
> > sincerely
> >
> >
> > Sarbajit Roy
> > for India Against Corruption
> > B-59 Defence Colony
> > New Delhi 110024
> > Mob: +91-8010205897

Re: [IAC#RG] CORRUPTION COMPLAINT : Ex-gratia compensation to Ram Kishan Grewal (deceased)

05/11/16

Dear Sh. S Roy, 

All your queries are genuine and relevant and it is nothing but public stunt for the resons mentioned by you.

1. Unfortunate suicide of ex-soldier is indeed a sad event but the fact remains he was not a resident of NCT but of NCR and hopefully knows two are not the same.

2, What is the settled policy of NCT in terms of amount from a few lakhs to a few crores or it depends on the whims of the Chief Minister?

3. What happened /status of the case when a resident of an adjoining State /a farmer commited suicide when he continued to make public speech at jantar Mantar in his presence?

4. Is the power of the Chief Minister of NCT absolute or subject to LG,s clearance for Cief Ministers Relief Funds.

5. If from AAP funds- which the party started to collect from the time of IAC,s JanAndolan  of 2011 and were deposited in his NGO for which he has not given an account-is relevant for you as you have raised this issue in another post.                  regds JK

---

From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Sarbajit Roy <sroy.mb@gmail.com>
Sent: Friday, November 4, 2016 8:46 AM
To: cmdelhi; indiaresists
Subject: [IAC#RG] CORRUPTION COMPLAINT : Ex-gratia compensation to Ram Kishan Grewal (deceased)

 

To

Chief Minister/ Delhi

Dear Chief Minister

I am informed that you have announced ex-gratia payment of Rs.1 crore to family of Ram Kishan Grewal yesterday.

If this payment is to be made from Delhi Govt funds, you may kindly ask your Law Dept to review your policy. It is settled law that such ex-gratia payments are for serving employee dying in harness while on operational duty. It is not clear how the deceased fulfils this condition. Furthermore, Ram Kishan Grewal appears to be from near Bhiwani (Haryana State) and his connection to Delhi to deserve such windfall largesse from you is tenuous.

Since the notification for this Aam Aadmi Party govt.'s ex-gratia policy is not on the GNCTD website, I would suggest that you seek LG approval and clear rules and guidelines before making any such rash and arbitrary announcements, and also considering the notoriety your Govt is attracting for the rash of dalaals and fixers surrounding you.

Of course if this payment is from Aam Aadmi Party's coffers we, the people of Delhi, can have no objection.

sincerely

Sarbajit Roy

for India Against Corruption

B-59 Defence Colony

New Delhi 110024

Mob: +91-8010205897

Re: [IAC#RG] DRAFT response for UCC questionaire

I tend to agree with the views expressed by Shri Dalvi. Am adding a few points not in any order. The questionnaire does not even begin to address certain basic issues.

1. At the outset, there seems to be to be a doubt in the usage of the words Uniform and Common. The good judge uses both terms for the UCC. In fact, a UCC does not have to be common to all citizens. It should apply uniformly across the land but can codify laws of different religions. For example, the Vedic marriage and Nikah can remain legal as also the option of a civil or registered marriage. The best and accepted practices of all religions and existing laws can be incorporated. If there can be a Hindu Undivided Family then there can also be Muslim or Christian Undivided family and so on.

2. On triple talaq, there is a need to differentiate between instant triple talaq and triple talaq given over a period of three months. The prior has already been invalidated by the Supreme Court in 2002. Please see Shamim Ara vs State of UP. An aggrieved muslim woman can approach any court for restitution of rights or grant of maintenance or enhanced maintenance. In case of violence or threat thereof, the provisions of the Domestic Violence Act apply to all women. The legal remedy already exists. Women may be unaware or hesitate to approach a court. This is where civil society must step in. As far as triple talaq given after an attempt at reconciliation, this is sanctioned by the Koran and any change in this would in my view be against the right to practice and propagate religion which is a fundamental right. The current petition seems superfluous. Let the muslim community discuss polygamy and halala.

3. The Supreme Court has appreciated the role of Muslim Family or Sharia Courts which relieve the load on an already overloaded legal system. A petition to ban such courts was disallowed. The beauty of the existing system is that if either party is aggrieved by the decision, they can approach a family court. A UCC would exclude arbitration by communities and all cases would enter the formal legal system. Parsis have the parsi panchayat and so on. Every family dispute does not have to go to court. Criminal, civil and taxation laws are already common so there is no urgency to codify a common law for marriage, divorce, adoption or inheritance except to make the existing law gender neutral.

4. The state can continue to endeavour for a UCC for another 70 years. In a country as diverse as India, the laws should evolve as indeed they are doing. Has the incidence of rape reduced after the change in the law? Even Justice Verma had stated that existing laws were adequate.

5. The issue needs a serious rethink and should be shelved as also the questionnaire.

Col Pavan Nair (Retd)

Re: [IAC#RG] CORRUPTION COMPLAINT : Ex-gratia compensation to Ram Kishan Grewal (deceased)

I have read in an English daily  that the Delhi Cabinet chaired by CM okayed it yesterday.You are right that the ex- soldier had not died in line of duty in Delhi .Nor was he  a native of  Delhi. But he allegedly committed suicide  in Delhi .Earlier, a  well-off farmer from Rajasthan ,who died accidentally while attending the ruling party's rally in Delhi's Jantar Manta area,was also paid compensation.But cannot recall whether he was paid from the party's fund    

On 4 November 2016 at 13:05, Dr Neerja A Gupta <drneerjaarun@gmail.com> wrote:

Arvind Kesriwal made it very clear in his announcement that "Dilli Sarkar ki taraf se" will give 1 crore. Not Aam Aadmi Party.

Secondly he never said its AAP worker who wanted to meet Grewal's family. Its THE CHIEF MINISTER OF DELHI who was denied access to family. So no announcements were made from AAP Cofferes FYKI.

Regards

Dr Neerja A Gupta H/P: +91 9825012984
Principal

Bhavan's Arts and Commerce College, 

Khanpur, Ahmedabad​

Advisor and Coordinator

Study Abroad Program and Diaspora Studies, Gujarat University, Ahmedabad 

Syndicate Member

 Gujarat University , Ahmedabad

Vidya Gauri Nilkanth Marg

Khanpur Ahmedabad. 380001
+91-79-25600312/ 25600311
Fax +91- 79- 25601314

www.bhavancollege.org 

On Fri, Nov 4, 2016 at 8:46 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To

Chief Minister/ Delhi

Dear Chief Minister

I am informed that you have announced ex-gratia payment of Rs.1 crore to family of Ram Kishan Grewal yesterday.

If this payment is to be made from Delhi Govt funds, you may kindly ask your Law Dept to review your policy. It is settled law that such ex-gratia payments are for serving employee dying in harness while on operational duty. It is not clear how the deceased fulfils this condition. Furthermore, Ram Kishan Grewal appears to be from near Bhiwani (Haryana State) and his connection to Delhi to deserve such windfall largesse from you is tenuous.

Since the notification for this Aam Aadmi Party govt.'s ex-gratia policy is not on the GNCTD website, I would suggest that you seek LG approval and clear rules and guidelines before making any such rash and arbitrary announcements, and also considering the notoriety your Govt is attracting for the rash of dalaals and fixers surrounding you.

Of course if this payment is from Aam Aadmi Party's coffers we, the people of Delhi, can have no objection.

sincerely

Sarbajit Roy

for India Against Corruption

B-59 Defence Colony

New Delhi 110024

Mob: +91-8010205897

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Re: [IAC#RG] DRAFT response for UCC questionaire

Dear Shri Rajinder Dalvi,

There is not much we seem to agree about. You feel that the constitution is man made to enslave men, whereas in my view the constitution  is as sacred as the Gita, the Qouran ,the Bible , or any other religious scripture. The religious scriptures in my view have not been  made by God. Else there would not have been so many of them, and at conflict with each other. The scriptures ( Qouran, Bible, and to some extent th Vedas) demand blind obedience to archaic laws, which serve no useful purpose in this time and age. They were understandable in the dark middle ages. But in light of changing circumstances, the scriptures too have to evolve in consonance with changing circumstances. This is not happening.The constitution can and does change in accordance with the requirement of the day and the people, but the scriptures are too rigid. For me our constitution takes precedence over any religious book- none of them have been created by God.

 

Coming to UCC, in a secular society, there has to be one law for all citizens. All religions have ancient laws which have no relevance today- notwithstanding your support for Triple Talaq, and Polygamy, which sounds  Zakir Naiks script.

I am for Uniform Civil Code, with changes made in all religious laws to bring them up to todays requirements.

With best wishes and regards

Anad S Gangoli

 

On Thu, Nov 3, 2016 at 11:40 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear Munish

Mr. Dalvi, a very grassroots worker, has proposed a stimulating and provocative draft reply for UCC. IMHO he has given a pucca political reply to a politically mischievous and polarising questionnaire.

BTW, how would you, and other highly educated / intellectuals on this list reply to the Law Commission's questionnaire ?

Sarbajit

On Thu, Nov 3, 2016 at 9:40 PM, Dr. Munish Raizada <pedia333@gmail.com> wrote:

Shri RP Dalvi's justifications on polygamy and triple talaq do not deserve any comment. He is living in medieval era. We shouldn't forget that these practices put women in vulnerable situation when it comes to human rights.

On Nov 3, 2016 8:45 PM, "Rajinder Dalvi" <rajinder.dalvi@gmail.com> wrote:

Dear Shri Anand Gangoli

You will surely agree that Islam is one of the fastest spreading religion in history of this planet. At the same time Hinduism has always managed to survive for millenia by adapting and absorbing.

So it is better that all TRUE HINDUS seize the opportunity given by Law Commission to incorporate certain essential elements from Islam into Hindustani Law while simultaneously rejecting out some weakening Christo-Communist elements inserted by Nehru-Gandhi, ie. Hindu Code.

It is quite wrong to say that polygamy and polyandry are unequal per se. For instance after a major war where the bulk of the nation's young men have been wiped out (think USSR after WW-II) would you deny the numerous surviving womenfolk the right to derive sexual pleasure through marriage, or would you say let there be free sex and the children all be bastards not knowing their father, or would you propose that 2 out of 3 women should become prostitutes / concubines?

In the case of Polyandry, you are well aware of the sex-imbalance in India. No amount of legislation or enforcement can stamp out this menace. Polyandry is a time tasted social device for this situation.

Triple Talaq - the only people who benefit are lawyers, judges and police. In Islamic states justice is swift, sure and  effective. The remedy to the evil of Tripple Talaq, lies in periodically amending CrPC and not in tampering with personal law.

The Constitution is a man-made document meant to enslave men. The Vedas, Koran are God's words to liberate mankind.

With best wishes

RP Dalvi

On Wed, Nov 2, 2016 at 9:24 PM, Anand Gangoli <anandgangoli22@gmail.com> wrote:

Dear Shri Rajinder Dalvi ,

I disagree with some of the opinions expressed in your e mail, particularly where you have supported (or at least accepted/tolerated ) polygamy, polyandry and triple talaq.

The way I look at these issues is as follows. The Constitution assures its citizens of religious freedom, and also fundamental rights. When the religious freedom is in conflict with fundamental rights , particularly that of equality, which should take precedence ?  Polygamy violates the right of equality- the man can have more than one wife, but the woman can not. So Polygomy should go.Similarly, Polyandry also violates the right of equality- the man can have only one wife, whereas the woman can have more than one. So Polyandry should also go. The same problem with  triple talaq. The man has the right to triple talaq, but not the woman. Triple talaq should go unless the woman also has a similar right. There are other issues, like the weightage given to a man.s testimony as witness as compared to a woman's, surely that is not equality.The Shariat law consistently violates the right of equality between men and women. In my view, the right to equality takes precedence over the right to freedom of religion. There might be errors in drafting of the questionnaire ( I am no lawyer, and accept your opinion), but a bad law remains a bad law regardless. Would you support  death sentence for apostates (as  specified in the Shariat) because you support religious freedom.

There are ill conceived/ obsolete laws in all religions. There is a need to correct these, and have a UCC for all communities. Most countries have the same law for all citizens. It should be the same in India, which is a secular country. The laws of all religions need to be rationalized to be consistent with the fundamental rights under our constitution. Doesn't our Constitution take precedence over all religious scriptures? I am convinced that it does.

Regards

Anand S Gangoli

On Wed, Nov 2, 2016 at 7:35 AM, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

Dear all

I am attaching below a first draft response to key clauses of Law Commission on Uniform Civil Code.

Law Commission of India

Questionnaire on Uniform Civil Code

1. Are you aware that Article 44 of the Constitution of India provides that "the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India"?

a.    Yes

b.    No

YES

In your view, does this matter require any further initiatives?

Yes, it requires a final judicial pronouncement from the Supreme Court. The clear meaning of this clause ("endeavour") is that this principle is an unattainable goal and hence directionary, and thereby unenforceable, in nature. This principle first requires that States like J&K be incorporated within the territory of India.  For instance, there is already a common civil code in the State of Goa based on Portugese law. It is not clear if the Hon'ble Commission is suggesting that this Civil Code for Goa be extended throughout the territory of India or if the Civil Code of Goa shall be scrapped ?  It is also not clear how any Uniform Civil Code will be applied to certain states of India (eg. J&K, the North-East etc.) without a referendum on the issue and if the Hon'ble Commission proposes that the Uniform Code can be applied in a piecemeal fashion.

4. Will uniform civil code or codification of personal law and customary practices ensure gender equality?

a.    Yes

b.    No

This is an exceptionally poorly worded question. The Hindu Bahujan Raksha Dal questions the competence of the fools who have drafted this query requiring a single answer to a compound query. Accordingly, under the Roman maxim "Falsus in uno, falsus in omnibus" we are caused to reply as NO.

 

5. Should the uniform civil code be optional?

a.    Yes

b.    No

 

YES. The State cannot, and must not, interfere with the religious practices of its people.

 

6.    Should the following practices be banned and regulated?

a.    Polygamy (Banned/ Regulated)

b.    Polyandry (Banned/ Regulated)

c.    Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned/ Regulated)

 

6a: NO, this is a religious practice and out of scope of UCC legislation

6b. NO, this is a religious practice and out of scope of UCC legislation

6c. YES, Maitri Karar (and its variants) must be banned because it is a civil contract and hence amenable to UCC legislation.

 

7.    Should the practice of triple talaq be

a.    Abolished in toto.

b.    Retained the custom

c.    Retained with suitable amendments

 

We again criticise the poorly drafted query. We say Triple Talaq must be RETAINED and its benefits EXTENDED to all COMMUNITIES:

Triple Talaq is an Islamic  religious practice. It is highly beneficial and practical for all parties concerned. The alternative to 'Triple Talaq' are protracted, expensive and traumatic judicial proceedings where the only beneficiaries are the lawyers and judges. There is already a universal secular marriage law and divorce law in India (Special Marriage Act) for those who opt for it, and there is no bar for Muslims to marry and divorce under this act. Solemnisation / Registration of marriages under Special Marriage Act rules out Triple Talaq divorces.

 

8.    Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices?

a.    Yes, Hindu women must be made aware of this right and measures should be taken to ensure that women, under pressure from family do not forego their property.

b.    No there are adequate protections in the existing law.

c.    Legal provisions will not help in what is primarily a cultural practice, steps have to be taken so sensitise the society instead.

 

YES. We suggest that the entire gender insensitive and biased Hindu Code of 1955-56 era should be scrapped in its entireity.

 

9.    Do you agree that the two-year period of wait for finalising divorce violates Christian women's right to equality?

a.    Yes, it should be made uniform across all marriages

b.    No. This period is sufficient and in-keeping with religious sentiments.

 

YES: It is a very sound principle, gender friendly, and should be made uniform across all marriages. Furthermore, many religions believe that marriage being a sacrament does not permit any divorce.

 

10.    Do you agree that there should be a uniform age of consent for marriage across all personal laws and customary practices?

a.    Yes.

b.    No, customary laws locate this age at the attainment of puberty.

c.    The prevailing system of recognising 'voidable' marriages is sufficient.

YES : Furthermore, we say that the minimum statutory age for marriage in all communities should be kept at 25 years for males and 21 years for women, and there must be compulsory registration of marriages to be done within 30 days.

 

11.    Do you agree that all the religious denominations should have the common grounds for divorce?

a.    Yes

b.    No, cultural difference must be preserved.

c.    No, but there should be the same grounds for divorce available for men and women within personal law.

 

C. but there should be the same grounds for divorce available for men and women within personal law, except when it leads to some anomaly.

 

12.    Would uniform civil code aid in addressing the problem of denial of maintenance or insufficient maintenance to women upon divorce?

a.    Yes

b.    No

Give reasons:

 

NO: This aspect should be addressed under the Criminal Code and maintenance should be provided by the socialist State directly under section 125 CrPC or otherwise.

 

13. How can compulsory registration of marriages be implemented better?

 

There is no law of India requiring compulsory registration of marriages. To implement compulsory registration of Hindu marriages, the entire Hindu Code of 1955-56 era should be scrapped / repealed as these are biased and gender unfriendly.

 

 

14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriages?

 

Mandate as follows:-

A)   that all such marriages be registered under Special Marriages Act

B)   that Registrants under Special Marriages Act  be given all the benefits in law available to Scheduled Castes.

 

 

15. Would uniform civil code infringe an individual's right to freedom of religion?

a.    Yes

b.    No

Give reasons:    .

YES:

1)    Many religions permit polygamy, polyandry etc which are social-cultural devices devised to propagate their religions through "breeding".

 

2)    The Hindu religion permits upto 4 wives per male. This should be retained in law.

 

3)    The Hindu religion permits Kulin marriages per male. This should be retained in law

 

4)    Since the details of any proposed UCC are not circulated, it is unfair and unreasonable to solicit queries on this issue without complete transparency.

 

5)    It seems the Law Commission is behaving in a highly biased manner by circulating such poorly designed, opaque and skewed questionnaires, and that too only among the educated elite.

 

16. What measures should be taken to sensitize the society towards a common code or codification of personal law?

Remarks:

There are a whole slew of measures we could suggest, if we were convinced that the Law Commission is serious and honest. But first, the Law Commission may clarify if it proposes to achieve a common code or whether it merely proposes to codify personal laws. To this end We strongly propose and suggest that all personal laws, and especially the entire Hindu Code of 1955-56 era be scrapped / repealed.

 

Please provide us with your name, contact number and address.

 

UNADDRESSED clauses:

2. The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects?

Marriage

3

   Divorce

4

   Adoption

5

   Guardianship and Child custody

6

   Maintenance

7

   Successions and

8

   Inheritance

a.    Yes, it should include all these

b.    No, it should exclude__

c.    It should further include_

3. Do you agree that the existing personal laws and customary practices need codification and would benefit the people?

a.    Yes

b.    No

c.    Personal laws and customary practices should be replaced by a uniform code

d.    Personal laws and customary practices should be codified to bring them in line with fundamental rights.

 

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Re: [IAC#RG] CORRUPTION COMPLAINT : Ex-gratia compensation to Ram Kishan Grewal (deceased)

Please allow me to tweet this letter.

Sent from my iPad

> On 04-Nov-2016, at 08:46, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
> To
> Chief Minister/ Delhi
>
> Dear Chief Minister
>
> I am informed that you have announced ex-gratia payment of Rs.1 crore to family of Ram Kishan Grewal yesterday.
>
> If this payment is to be made from Delhi Govt funds, you may kindly ask your Law Dept to review your policy. It is settled law that such ex-gratia payments are for serving employee dying in harness while on operational duty. It is not clear how the deceased fulfils this condition. Furthermore, Ram Kishan Grewal appears to be from near Bhiwani (Haryana State) and his connection to Delhi to deserve such windfall largesse from you is tenuous.
>
> Since the notification for this Aam Aadmi Party govt.'s ex-gratia policy is not on the GNCTD website, I would suggest that you seek LG approval and clear rules and guidelines before making any such rash and arbitrary announcements, and also considering the notoriety your Govt is attracting for the rash of dalaals and fixers surrounding you.
>
> Of course if this payment is from Aam Aadmi Party's coffers we, the people of Delhi, can have no objection.
>
> sincerely
>
>
> Sarbajit Roy
> for India Against Corruption
> B-59 Defence Colony
> New Delhi 110024
> Mob: +91-8010205897
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Re: [IAC#RG] DRAFT response for UCC questionaire

"Even though it may be true that only some women are directly and actually affected by the practices of triple talaq and polygamy, the fact remains that every woman to whom the said law applies lives under the threat, fear or prospect of being subjected to these practices, which in turn impacts her status and her right to live with confidence and dignity," it said.

As a member of the Muslim Community, I personally thank to the people who are so concerned about our mothers, daughters, and sisters and, including their right. that's really a flavour of ModiG Achedin which only Richest man, big corporate Houses like Ambani and Adani have been enjoying till date. jot common citizen, even common people have nothing to deal with their women dead. India's entertainment houses, brothels are full of women from middle class family, they only dream for their dignity.

Yes Triple Talaq, is some thing which is being misused against women,but at the same time, that is also way of relief for those people who really need, other wise, women are burned to death.

Like Man, Woman does has right to come out of the marriage contract , if she feels insecurity and undignified relation with a man.

Please dig dipper in the society and get the data of the cases regarding Polygamy, certainly you would find the facts that the cases polygamy, divorces, murdering, and burning of women are very less as compared with country's other community.

O yea, there is good thing Polygamy, had this rules been in effect in entire America, Hillary Clinton and Trump would not have been in the situation of embarrassment and humiliation during the debate, and presidential campaign.

Its only Muslim in India, who  always inculcate the evolution of women and principle of gender justice, which forced other community to care their women even after their marriage in the properties etc as being wife, daughter, sister and mother.

Of course, there is wisdom behind Triple Talaq :

The Muslim Personal Law Board, in its reply to the petitions, had defended the validity of triple talaq saying that if the practice is discontinued, a man could murder or burn his wife alive to get rid of her.

"If there develops serious discord between the couple, and the husband does not at all want to live with her, legal compulsions of time-consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive," the AIMPLB's affidavit had stated. The board had also said that divorce proceedings instead of triple talaq could damage a woman's chances of re-marriage if the husband accuses her of loose character in court.

Thanks for your time.

Sajid Anjum

---

From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Anand Gangoli <anandgangoli22@gmail.com>
Sent: Wednesday, November 2, 2016 3:54 PM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] DRAFT response for UCC questionaire

 

Dear Shri Rajinder Dalvi ,

I disagree with some of the opinions expressed in your e mail, particularly where you have supported (or at least accepted/tolerated ) polygamy, polyandry and triple talaq.

The way I look at these issues is as follows. The Constitution assures its citizens of religious freedom, and also fundamental rights. When the religious freedom is in conflict with fundamental rights , particularly that of equality, which should take precedence ?  Polygamy violates the right of equality- the man can have more than one wife, but the woman can not. So Polygomy should go.Similarly, Polyandry also violates the right of equality- the man can have only one wife, whereas the woman can have more than one. So Polyandry should also go. The same problem with  triple talaq. The man has the right to triple talaq, but not the woman. Triple talaq should go unless the woman also has a similar right. There are other issues, like the weightage given to a man.s testimony as witness as compared to a woman's, surely that is not equality.The Shariat law consistently violates the right of equality between men and women. In my view, the right to equality takes precedence over the right to freedom of religion. There might be errors in drafting of the questionnaire ( I am no lawyer, and accept your opinion), but a bad law remains a bad law regardless. Would you support  death sentence for apostates (as  specified in the Shariat) because you support religious freedom.

There are ill conceived/ obsolete laws in all religions. There is a need to correct these, and have a UCC for all communities. Most countries have the same law for all citizens. It should be the same in India, which is a secular country. The laws of all religions need to be rationalized to be consistent with the fundamental rights under our constitution. Doesn't our Constitution take precedence over all religious scriptures? I am convinced that it does.

Regards

Anand S Gangoli

On Wed, Nov 2, 2016 at 7:35 AM, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

Dear all

I am attaching below a first draft response to key clauses of Law Commission on Uniform Civil Code.

Law Commission of India

Questionnaire on Uniform Civil Code

1. Are you aware that Article 44 of the Constitution of India provides that "the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India"?

a.    Yes

b.    No

YES

In your view, does this matter require any further initiatives?

Yes, it requires a final judicial pronouncement from the Supreme Court. The clear meaning of this clause ("endeavour") is that this principle is an unattainable goal and hence directionary, and thereby unenforceable, in nature. This principle first requires that States like J&K be incorporated within the territory of India.  For instance, there is already a common civil code in the State of Goa based on Portugese law. It is not clear if the Hon'ble Commission is suggesting that this Civil Code for Goa be extended throughout the territory of India or if the Civil Code of Goa shall be scrapped ?  It is also not clear how any Uniform Civil Code will be applied to certain states of India (eg. J&K, the North-East etc.) without a referendum on the issue and if the Hon'ble Commission proposes that the Uniform Code can be applied in a piecemeal fashion.

4. Will uniform civil code or codification of personal law and customary practices ensure gender equality?

a.    Yes

b.    No

This is an exceptionally poorly worded question. The Hindu Bahujan Raksha Dal questions the competence of the fools who have drafted this query requiring a single answer to a compound query. Accordingly, under the Roman maxim "Falsus in uno, falsus in omnibus" we are caused to reply as NO.

 

5. Should the uniform civil code be optional?

a.    Yes

b.    No

 

YES. The State cannot, and must not, interfere with the religious practices of its people.

 

6.    Should the following practices be banned and regulated?

a.    Polygamy (Banned/ Regulated)

b.    Polyandry (Banned/ Regulated)

c.    Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned/ Regulated)

 

6a: NO, this is a religious practice and out of scope of UCC legislation

6b. NO, this is a religious practice and out of scope of UCC legislation

6c. YES, Maitri Karar (and its variants) must be banned because it is a civil contract and hence amenable to UCC legislation.

 

7.    Should the practice of triple talaq be

a.    Abolished in toto.

b.    Retained the custom

c.    Retained with suitable amendments

 

We again criticise the poorly drafted query. We say Triple Talaq must be RETAINED and its benefits EXTENDED to all COMMUNITIES:

Triple Talaq is an Islamic  religious practice. It is highly beneficial and practical for all parties concerned. The alternative to 'Triple Talaq' are protracted, expensive and traumatic judicial proceedings where the only beneficiaries are the lawyers and judges. There is already a universal secular marriage law and divorce law in India (Special Marriage Act) for those who opt for it, and there is no bar for Muslims to marry and divorce under this act. Solemnisation / Registration of marriages under Special Marriage Act rules out Triple Talaq divorces.

 

8.    Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices?

a.    Yes, Hindu women must be made aware of this right and measures should be taken to ensure that women, under pressure from family do not forego their property.

b.    No there are adequate protections in the existing law.

c.    Legal provisions will not help in what is primarily a cultural practice, steps have to be taken so sensitise the society instead.

 

YES. We suggest that the entire gender insensitive and biased Hindu Code of 1955-56 era should be scrapped in its entireity.

 

9.    Do you agree that the two-year period of wait for finalising divorce violates Christian women's right to equality?

a.    Yes, it should be made uniform across all marriages

b.    No. This period is sufficient and in-keeping with religious sentiments.

 

YES: It is a very sound principle, gender friendly, and should be made uniform across all marriages. Furthermore, many religions believe that marriage being a sacrament does not permit any divorce.

 

10.    Do you agree that there should be a uniform age of consent for marriage across all personal laws and customary practices?

a.    Yes.

b.    No, customary laws locate this age at the attainment of puberty.

c.    The prevailing system of recognising 'voidable' marriages is sufficient.

YES : Furthermore, we say that the minimum statutory age for marriage in all communities should be kept at 25 years for males and 21 years for women, and there must be compulsory registration of marriages to be done within 30 days.

 

11.    Do you agree that all the religious denominations should have the common grounds for divorce?

a.    Yes

b.    No, cultural difference must be preserved.

c.    No, but there should be the same grounds for divorce available for men and women within personal law.

 

C. but there should be the same grounds for divorce available for men and women within personal law, except when it leads to some anomaly.

 

12.    Would uniform civil code aid in addressing the problem of denial of maintenance or insufficient maintenance to women upon divorce?

a.    Yes

b.    No

Give reasons:

 

NO: This aspect should be addressed under the Criminal Code and maintenance should be provided by the socialist State directly under section 125 CrPC or otherwise.

 

13. How can compulsory registration of marriages be implemented better?

 

There is no law of India requiring compulsory registration of marriages. To implement compulsory registration of Hindu marriages, the entire Hindu Code of 1955-56 era should be scrapped / repealed as these are biased and gender unfriendly.

 

 

14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriages?

 

Mandate as follows:-

A)   that all such marriages be registered under Special Marriages Act

B)   that Registrants under Special Marriages Act  be given all the benefits in law available to Scheduled Castes.

 

 

15. Would uniform civil code infringe an individual's right to freedom of religion?

a.    Yes

b.    No

Give reasons:    .

YES:

1)    Many religions permit polygamy, polyandry etc which are social-cultural devices devised to propagate their religions through "breeding".

 

2)    The Hindu religion permits upto 4 wives per male. This should be retained in law.

 

3)    The Hindu religion permits Kulin marriages per male. This should be retained in law

 

4)    Since the details of any proposed UCC are not circulated, it is unfair and unreasonable to solicit queries on this issue without complete transparency.

 

5)    It seems the Law Commission is behaving in a highly biased manner by circulating such poorly designed, opaque and skewed questionnaires, and that too only among the educated elite.

 

16. What measures should be taken to sensitize the society towards a common code or codification of personal law?

Remarks:

There are a whole slew of measures we could suggest, if we were convinced that the Law Commission is serious and honest. But first, the Law Commission may clarify if it proposes to achieve a common code or whether it merely proposes to codify personal laws. To this end We strongly propose and suggest that all personal laws, and especially the entire Hindu Code of 1955-56 era be scrapped / repealed.

 

Please provide us with your name, contact number and address.

 

UNADDRESSED clauses:

2. The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects?

Marriage

3

   Divorce

4

   Adoption

5

   Guardianship and Child custody

6

   Maintenance

7

   Successions and

8

   Inheritance

a.    Yes, it should include all these

b.    No, it should exclude__

c.    It should further include_

3. Do you agree that the existing personal laws and customary practices need codification and would benefit the people?

a.    Yes

b.    No

c.    Personal laws and customary practices should be replaced by a uniform code

d.    Personal laws and customary practices should be codified to bring them in line with fundamental rights.

 

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