A Blog By Rachit Seth on Yakub Memon

http://countryawake.blogspot.in/2015/07/let-us-not-make-debate-on-death-penalty.html

Let us not make the debate on Death Penalty, a Communal One!





The law may be an ass- an idiot; but it’s all we’ve got - Modified 'Oliver Twist' Quote

Ever since the issue of the hanging of Yakum Memom came into public discourse, there is a raging debate on social as well as mainstream media that he was executed because the criminal justice system in India is Communal. Many liberals were swayed by this argument on two accounts. First, Why does the Hindutva rioters like Maya Kodnani and Babu Bajrangi are all out on bail and secondly, why did Bal Thackeray, one of the main protagonist of the Mumbai riots not brought to book and given a state funeral. On the face of it these two arguments looked valid. I agree, that Bal Thackeray should not have been given a state funeral and Kodnani and other criminals should not be left so easily without the state appealing for their execution. But this does not justify that why the one of the perpetrators of the Mumbai Serial Blasts should not be brought to book, according to Indian Law.


Our criminal justice system may be flawed because of unending delay in deciding cases, one can argue about the use of death penalty in 21st Century. One can vehemently oppose death penalty, but certainly one cannot make hangings a Hindu-Muslim debate. I am sure the Supreme Court has legal reasons for not awarding a death warrant to Maya Kodnani and company. If someone wants to see she and others executed, do file an appeal. I am sure so called liberals weeping in the name of saving secularism in India can certainly do so.


A Terrorist is a terrorist, No country should condone the acts of terrorism. Also no country should make a Tamasha in the name of hanging terrorists. The BJP Government in order to prove that Modi still possesses a 56 inches chest made a spectacle out of Yakub Memom’s hanging, which is the most shameful thing to do. Times Now anchors like Navika Kumar behaved like trolls and displayed a high degree of shamelessness in order to increase her channel’s TRP ratings. The media hounded Memom’s family members and the Government disgustingly hung him on his birthday. All this could have avoided by a silent execution like happened in the case of Kasab and Afzal Guru. The Congress Home Ministers like Chidambaram and Sushil Kumar Shinde never made a tamasha of this hanging.


Coming back to the communal debate point, It is utterly stupid to say that only Muslims are hung in India and Non-Muslims are free. A cursory look at the statistics provided here -https://en.wikipedia.org/wiki/List_of_offenders_executed_in_India will certainly change that. Facts speak for themselves.


Both sides of the divide are playing a dangerous game. Those who trend #GoToHellYakub, should be shunned and those like Owaisi who shout from the rooftops to communalise the issue should be shunned.


Communal Riots and Terror attacks cannot be compared. Although they have a very thin line of divide when it comes to the nature of the crime committed, yet if you attack innocent people of a sovereign country, by taking help from other country- then you should not be spared. The law may be an ass, the law may not have executed people indulging in communal riots, the way it treats terrorists. Then the law should be changed.


Congress led UPA tried very hard to get a Communal Violence Bill, in order to provide a closure to the victims of Communal Violence in this country and also seeking harsher punishment to those involved in these heinous crimes. But due to lack of consensus and a coalition government, it could not pass it.


The Congress is a party which represents the political centre. It is damned from the majority as well as the minority in equal measure. The country is going through a phase where polarization is becoming rampant, and perhaps that is why the Congress party is also losing ground. In a country which now has a full blown Right wing Hindutva Government, people are seeking to group themselves opposite to it in the form of Muslim fundamentalism. This is a dangerous process.


Those liberals who blame the Congress for not doing enough to stop Modi becoming the Prime Minister have themselves to blame. They did not align with the Congress- Modi’s most credible alternative and ditched it in the name of an anarchist movement. The Congress was punished by the people of India, and those liberals should suffer too. They give lectures of Liberalism, but get swayed by Anarchist movements.


Lastly, Abolishing death penalty in India is a very healthy debate. Sections from across political spectrum want that. They should, along with the civil society pressurize the Government of the day to change the law. But, please don’t make the death penalty debate a Communal one. Thanks.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Frequently Asked Questions(FAQs)

*Courtesy: International Labour Organisation,2014 ·        What is Sexual Harassment? Sexual harassment is any unwelcome sexually defined behaviour which can range from misbehaviour of an irritating nature to the most serious forms such as sexual abuse and assault, including rape.   The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 defines sexual harassmentto include any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:          i.            physical contact and advances        ii.            a demand or request for sexual favours       iii.            making sexually coloured remarks      iv.            showing pornography        v.            any other unwelcome physical, verbal or non-verbal conduct of sexual nature. ·        What is sexual harassment at workplace? Sexual harassment at the workplace is any unwelcome sexually defined behaviour which has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, abusive or offensive working environment. The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 states that if the following circumstances  occur or are  present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace:    I.            Implied or explicit promise of preferential treatment in her employment in her employment; or II.            Implied or explicit threat of detrimental treatment in her employment; or III.            Implied or explicit threat about her present or future employment status; or IV.            Interference with her work or creating an intimidating or offensive or hostile work environment for her; or V.            Humiliating treatment likely to affect her health or safety. ·        Quick checklist: Is your work environment free from sexual harassment? Most women themselves fail to recognize sexual harassment and treat it as trivial and routine. Take a look at the checklist below and fill a check mark (√) to an appropriate box. Check items Yes No 1.      You have supervisors or colleagues that you want to avoid working together 2.      You feel that somebody is constantly staring at you 3.      The number of female and male workers is not well-balanced 4.      There are times when supervisors or colleagues touch your body 5.      There are uncomfortable incidences at my workplace but I tolerate it with my patience 6.      My supervisor sometimes asks me out for dinner 7.      I stay obedient to whatever my supervisor says as I do not want to lose my job 8.      I receive some jokes and comments related to my appearance 9.      My supervisor frequently asks me about my personal life 10.  I often receive emails irrelevant to my work from a colleague/supervisor If you have many check marks under “Yes”, your work environment may not be free from sexual harassment. If you are in doubt, discuss with trusted colleagues, and do not stay silent.  ·        What should you do if you experience sexual harassment? If you experience sexual harassment, take action to stop it. Speak up at the time: Be sure to say "NO" clearly, firmly and without smiling when you experience sexual harassment as that is the best way to let the harasser know that his or her behaviour is offensive. If you are asked to go places, do things, respond to questions, or engage in situations that make you uncomfortable, say "NO" emphatically and clearly and do not worry about offending the other person or hurting his or her feelings. Objecting to the behaviour when it occurs helps if you decide to file charges later. Keep records: Keep track of what happens in a journal or diary and keep any letters or notes or other documents you receive. Keep copies of any offensive material at the workplace. Write down the dates, times (including frequency of offensive encounters), places, and an account of what happened. Write down the names of any witnesses. Every document that you use during trial must be authenticated by a witness. Keep this in mind during your depositions when the defense asks you where you obtained a document. If you are not clear about where you got the document, and who can authenticate it, you will not be able to use it during your trial. Take all letters of commendation, awards, thanks you's and anything at all that will corroborate your positive job performance. Pay special attention to documents that your superiors have provided lauding you and your work. If possible, ask your clients, staff, and peers for letters of commendation. Talk to someone you can trust: Being quiet or stoic about sexual harassment lets it continue. Talk to other co-workers, union members, family members or friends whom you can trust. You may not be the only one harassed by this person. Create a witness: Inform a trusted colleague and try to insure that s/he is an eye or ear witness to a situation where you are being sexually harassed. This will be useful later if you chose to file a formal complaint. Report sexual harassment to the appropriate person in the organization: Explore the different avenues available to you and file a formal complaint if necessary. If your organization does not have a policy, ensure that your employer formulates an anti-sexual harassment policy and carries out all the connected tasks. Get a medical check-up: If you have been raped or physically assaulted, go for a medical check-up. Obtain a medical report. This is important, should you decide to pursue a legal case. ·        Can an aggrieved file a civil suit in a case of sexual harassment in the workplace? Yes, a civil suit can be filed for damages under tort laws. The basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment. ·        Under what circumstances can complaints be filed? Complaints may be filed under the following circumstances: ·        Cases involving individuals from the same organization ·        Cases that concern third party harassment, which implies harassment from an outsider. ·        Where can I file a complaint? o       Internal Complaints Committee – if you are an aggrieved woman who has a relationship of work with that specific organization o       Local Complaints Committee – if you are an employee from an establishment where the Internal Complaints Committee has not been constituted due to having less than 10 workers. In the case that the complaint is against the employer himself/herself and the individual feels that the case may be compromised, she can also lodge the complaint in the LCC  o       For instances where the LCC may not be immediately accessible, the Act instructs the District officer to designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, who will receive the complaint and forward it to the concerned LCC within 7 days. o       Local police station, in case provisions under the Indian Penal Code are applicable.