Neglected and lost

This image above - this is how my blog must be feeling right now - neglected, almost forgotten, lying below a thick layer of dust, weeping. I haven't seen the dashboard in ages. I haven't visited any blog in a long time. I don't even remember what I wanted to write about when something really touched me. This was not the case earlier. Back then, I remembered everything too well. I used to create a blog post in my mind while travelling, reading or even working. It used to give me a kick when I met someone interesting and he had a lot to offer that could make a brilliant blog post.

And now, today, I have to think before writing anything. Not that I don't have any subject left. But there is no motivation to blog. I love to write here, about any damn thing, without thinking or expecting any comments, opinions or views about the post. I love comments. It feels good when people read you and leave a comment behind. But since I have been so irregular here, I do not expect people to read me regularly.

Apart from being busy, I have been in a very "sorting out everything" mood. This includes from small things like books and mail accounts to big things like work and finances. I have never been a kind of person who will have fancy savings. There was a time when I had a good enough bank balance. But not anymore. I invest some money if I feel like, or just spend them. I get a lot of gyaan as to how I am simply wasting my life. But buying a fancy watch makes me happier than having some security in my bank account. I would rather take my mom out for shopping than buy some shares regularly. Yes, foolish. I know. But I had good enough savings. Enough to survive for 2-3 years easily. But I lost it overnight. Had I spent that, then probably I wouldn't be thinking about that even today.

To each one's own when it comes to savings and spending. Neither will take you anywhere. Or it might just take you somewhere, who cares. Life is all about living. Go live it the way you want to, for you might not be alive to see what happens tomorrow.

Enough of ranting for now. I am soon going to write about my experience at Wagah border. But when I am in mood and I have some time. Until then, nothing!

Image Courtesy: http://coleenpatrick.com/wp-content/uploads/2012/01/coleen-patrick-dusty-book.jpg

The girl anonymous

16th December was a very sad and shameful day for our country.  One girl was gang-raped by 6 men and thrown out of the running bus. I tried to write the details and the state of her when she was thrown out, but couldn't. Most of the people know her story anyway. She has been given many names - Nirbhaya, Amaanat, Daamini - but she will always be remembered for whatever she went through in those fourteen days that she was alive. She will always remain anonymous, yet the most popular person.

Three days before her death she was shifted to a hospital in Singapore for organ transplant. Her intestines were beyond repair and her liver was damaged too. When they moved her to Singapore, she was brain dead already. She finally breathed her last on the 29th early morning.

So many questions are still haunting me about this whole incident. First one - why was she taken to Singapore of all the places? Yes, that was the closest and European countries would have taken a lot of time to reach. But why transfer her at all. And if her transfer was necessary due to lack of facilities in our capital city, then why didn't they think of Mumbai? What I have known is that people from UK and US come to Mumbai for major surgeries including organ transplant, for it's cheaper and equally good.

Medically, a brain dead person IS dead. Was this just a diversion tactic to move her away from Delhi so that they could declare her dead? I am sure the Government would be expecting riots if she were still in Delhi. Why Singapore? Until recently, I didn't even know that it was popular for organ transplant surgeries.

Post her death, there have been many rallies - peace rallies. She was not the first victim of rape, and she has not been the last one too. After her, a few more incidences of gang rape have come out. People are trying many things to prevent this. They have been suggesting various things like ban republic day celebration, don't celebrate new year (don't know how many actually wasted their new year party pass worth a few thousands), declare a bandh and what not. And such an attitude surprised me.

It was indeed a very sad incident. But what I don't understand is - does banning/not celebrating a particular day change anything? Can't we fight things with a smiling face? Can't we continue doing things we like as well as do our bit to make things better? Being happy doesn't mean you are not sensitive towards things. Taking away someone's right to celebrate is not the solution. one MLA is talking about naming a flyover in her name, one politician is talking about awarding her an Ashok Chakra. Did she fight for the nation? No. Was she in Military? No. Then why Ashok Chakra? And why only her? So many girls die after being raped, but just because things don't come in the limelight, we will conveniently ignore them? And if mourning is the ideal thing to do during such times, then the country will mourn every single day!

The solution is not in banning a day, or declaring a bandh. First thing - strict laws and speedy trials. Why do we take ages to finish one case? And why does the culprit get up to 10 years of imprisonment only? The solution lies in educating people, spreading awareness. Most of the rapists don't even have access to newspapers/televisions. All they must be getting to know is - this girl died and the culprits are famous. It's enough for them to commit a similar crime. All of us have to be a bit alert. Notice people around you. If you find anything unusual about them, report it. If there is an incident of eve-teasing, go file a complaint. Your one step can save one or more lives, including that of yours. Each and every person has to prepare oneself to fight this. There is some hope then.

Again, by this post, I am not saying no to mourning or feeling sad. Everyone is sad. But sadness won't be reduced by curbing happiness. We all need to be happy. We all need some reason to celebrate. And that never becomes a barrier in the good deeds we intend to do.

Yes, she suffered a lot, something unimaginable. It was too cruel and nobody deserved such a painful death. The most important thing she did was that she managed to awake this nation, and united everyone for one cause. Fight for it, but don't limit it to one girl who lost her life. Make her your motivation and fight for safety. Abide by laws first. Say no to tinted windows and glasses. This law is there for a reason. Follow it. Respect women. It doesn't cost anything. If your friend calls a girl who is passing by "maal", tell him to learn to respect women. Do such things than outraging about celebrations.

Help out NGOs. Talk to victims. They need care and attention. Go attend peace rallies, but if you can invest that time in helping some victim or educating someone, it will be better than attending the rallies and peace marches.

A couple of months ago, Haryana Khap leader said that food like chow mein causes rapes. Two days ago, Yo Yo Honey Singh's song became a huge issue as its lyrics were offensive and the Government thought that it caused rape. The song was not even popular until then. The Government declared that they will give fifteen lacs to the Delhi rape victim. Her parents want a law to be named after her, and not flyover, in her honour. 

Yes we live in this country. And we have such leaders. I have not mentioned anything about our media. That's another story altogether. Another post, or two or more.

'Like' effects

These days we are so much dependent on social networking sites that it's very difficult for us to imagine a life without them. Life still looks better for people born before mid 80s, but the generation after that has been brought up with such things around them.

These days, wherever I go, I see people posing for pictures, get at least 100 clicked so that they have at least 30 odd pictures to upload on facebook. They want maximum likes on their pictures. The same gang will only comment on those pictures. They will discuss what they were doing when the picture was clicked, laugh, comment and be happy.

Next outing, repeat the same thing again.

Come to think of it, have you really enjoyed the place or shared enough laughs there? Or were you busy smiling and getting yourself clicked drinking, smoking, sticking your tongue out and making funny faces? That's fun too, but doing only that every time is a bit too much.

I am blessed with such friends too. But not all of them are like that thankfully. Some gatherings are full of pictures while during others we don't even remember that we should be clicking pictures. Yes pictures are memories, but what's the point of not creating the memory because you want to capture one?

I have nothing against those who upload each and every picture on facebook. I just don't believe in that concept anymore. Number of likes on a picture doesn't change my life in any manner (even though I get plenty of them), I like to change my pictures often as I get bored of my own face in same set up. 

Anyway to each one's own. The year ends, and the new one begins in a few hours. No I don't have/keep any resolutions. I am happy with my usual boring life. A lot happened in the last two months though, many things worth writing about, many things I felt strong for, I felt angry about and I was happy about. But I will write about some of them. Hope you have a good year ahead. Come to think of it, all the years are the same, right? To me at least.

Happy new year!

Defamation

It has been more than three years since I started blogging. And it has been a wonderful journey for me so far. I have had more good experiences than bad ones, I have met more good people than bad ones, I have been praised and ridiculed. But those were the things of the past when I used to blog regularly. I was kind of popular and many people read me. Even when I used to write a pathetic post, or just plain rants, they read me and left comments.

There was one particular incident when someone wrote a post about me bashing me and my blog, my writing, my readers just because I had written some rants and got a few comments. She was shocked to see that and misquoted and misinterpreted me. But she was quite sensible subtle in her post and thus she never mentioned my name - real or pseudo; which happen to be the same. But recently I came across some incidences where other bloggers wrote some defaming posts about their fellow bloggers.

Not only on blogs, these days, people abuse others on various social networking sites like facebook and twitter too. Without knowing about the consequences of such comments. Well they are not entirely unaware about the consequences, for such things go viral pretty easily and quickly. When Bala Saheb passed away and a girl from Palghar posted one negative remark about the bandh due to his death. One of her friends liked the post. The next thing they knew that they were arrested for doing so. Just a facebook status got them arrested. At times we don't take the internet very seriously, but it can put you behind bars. One should be careful about what he/she posts on internet, whether it's defamatory or not - make sure before posting and before it's too late.

Thus this post. It is about defamation - its meaning, what amounts to defamation and what are the legal provisions available when someone posts defamatory content about you or gives a defamatory speech. In India, Defamation has provisions under Civil as well as Criminal law. Defamation is one of the few offences for which our Judicial system has covered most of the loopholes, making sure that the wrong doer doesn't get away with his defaming statement/s about others with the intention to harm their reputation and/or hurt their/others' sentiments.

Defamation - Meaning and Definition: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person. In other words, it means any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

There are, however certain exceptions to the above mentioned definition. Some acts mentioned herein below do not amount to defamation. They are:

1. It is not defamation to impute anything which is true concerning any person, if it is for public good that the imputation should be made or published.

2. It is not defamation to express in good faith any opinion whatever regarding the conduct or character of a public servant in discharge of his public function.

3. It is not defamation to express in good faith any opinion regarding the conduct or character of any person touching any public question.

4. It is not defamation to publish a substantially true report or result of a Court of Justice of any such proceedings.

5. It is not defamation to express in good faith any opinion regarding the merits of any case, which has been decided by a Court of Justice, or the conduct of any person as a party, or the witness or the agent, in such case.

6. It is not defamation to express in good faith any opinion regarding the merits of any performance which an author has submitted to the judgement of the public.

7. It is not defamation if a person having any authority over another person, either conferred by law or arising out of a lawful contract, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

8. It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

9. It is not defamation to make an imputation on the character of another person, provided it is made in good faith by person for protection of his or others' interests.

10. It is not defamation to convey a caution, intended for the good of a person to whom conveyed or for public good.

Thus, the articles written published in newspapers, or the reports shown in news do not amount to defamation if they are stating the truth. Newspapers and news channels, i.e. our media has rights to even publish about an ongoing case. They, however cannot publish the likely verdict before it's out. They cannot give their opinion about the likely verdict too. Further, they have to publish the judgment verbatim. If they do not follow any of these rules, it amounts to an offence.

Remedies for defamation are available in Civil as well as Criminal laws. Civil remedies are available under law of torts. In Torts, defamation is of two types: Libel and Slander. Libel is any Defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard. When a suit is filed under Civil laws, there are two reliefs that the person who has been defamed gets - Damages and Injunction. Damages can be for the amount of loss the defamed person suffers due to defamatory statements by someone and/or other damages which are more like a punishment to the person for making defamatory statement/s, the amount of which is decided by the jury after examining the case.

Under Criminal law, remedies are available under section 500 of Indian Penal code. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. This is a non-cognizable that is to say a bailable offence.

Section 66A of Information Technology Act, 2000 talks about punishment for defaming someone using computer as the defaming source. Any person who sends, by means of a computer resource or a communication device,

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

Our laws accept electronic mails as an admissible evidence against a person accused of defamation. Our laws safeguard us. We just have a misconception that our Judiciary is not capable enough and thus we publish any content anywhere without thinking about the consequences. But that is not true. Yes, it takes time to get justice, but with time, if more and more people are aware about their rights and the consequences of their actions, things can improve. 

Phew! Our laws are indeed very extensive. One point has so many provisions, we should know how to put them to use. Rather, to avoid the legal complications. Yes it's a long post, and if you have are reading this, then my efforts were worth. And if you are reading only this, then remember this: I am a lawyer and I will help you if you ever need any legal help. Not for free though. Free material is written above. Laziness costs a lot you know.

Simple times

November was one crazy and busy month. Work, lectures, travel and everything. Now trying to rest as much as possible as I am really tired. When you are outstation, you do not realize the amount of stress you take. But once you are back home, in your space, you realize how tired you feel.

And there is a reason for it: I was supposed to reach home on 29th November, but thanks to Air India (I didn't have any other option but to fly that airlines), it took me 17 hours to reach home instead of 6! I spent 14 hours at the airport. And that was too stressful. But I met a couple of Canadians at the airport, thus didn't realize much how the time passed by at Amritsar Airport that has just a small food stall and nothing else. From Delhi to Bombay flight was from the International Airport, thus it was not too difficult to pass my time there too.

Instead of reaching home at 8 pm, I reached at 9 am the next day. Unlike my few friends, I am not scared of flights, thus the travel time went in taking well deserved naps. I was so tired that I vaguely remember what I ate in the flight and went back to sleep immediately after having tea. I WAS tired.

After the trip, it's been even more hectic. Work back here has piled up, health has not been so good thanks to the extreme climate changes. Not that I am unwell, I just feel exhausted too soon, and which is not good for the workaholic me.

At such times when you look back and think about life, the simpler life that you lived more than a decade ago, you feel happy remembering that, but sad too as you cannot live that anymore. I was sitting outside a movie theatre yesterday. In front of me, there was a group of four girls. They would not be older than 14. Each of them were carrying a 10 Rs note. They bought one burger from Mcdonalds and four of them shared it. They were happy and content after eating that.

Immediately after that I went for a quick meal with a friend. I had Lasagna and some wine there. And we were talking mainly about work. It was a very delicious meal, but I was not as happy and content as those girls. I didn't have friends snatching away the fork and finishing that plate within five minutes as if the food will disappear if not eaten really fast.

Fancy life, easy life, convenient life - that's how it is now. But somewhere in my heart I miss that simple, mobile phone free, internet free life. 

PS: I clicked the picture of those girls, but then thought against posting it. I am too popular you see. I don't want people to recognize them and they in return wanting to sue me for this.