Monday, March 10, 2008

Laymen's Guide to Law Vol.2

More than the Moral and Ethical Issues of Pornography, the Legal Issue is the most important one. Herewith is a brief on the legal aspect of pornography, which comes under the Cyber Jurisdiction...
Cyber law has the distinction of having the maximum compensation payable for a contravention occured...Guess ?? It can give compensation upto 1 Crore Rupees.
Besides the point that Cyber law is still in its infancy and enforcement is still juvenile, it is good to know the law. So as one talks of Cyber Crimes, the two things that shoot to one's mind are Hacking and Pornography...I will discusss briefly about pornography..
There are provisions in the Information Technology Act to curb this menance. It comes under the definition of Crime and you can be prosecuted against and put to Jail for it..though the period may vary. Also, just watching Pornography is not a Crime. Confused???

Pornography is publishing of an obscene activity in different forms of media like a Tape, CD, DVD, Radio, Internet and Television, etc.. Therefore if u indulge in any activity by which you SHOOT, Broadcast,SELL, BUY or Transfer it for any purposes from one person to another, you will be committing a Crime.

But just watching pornography at your seclusion is not an offence as there is no offence involved in it.. But beware, even if a robber intrudes your house and watches the porn movie you are watching, then u will be committing a crime, as there is broadcasting involved from your side.

Now, the people who upload on the net are committing a Crime, but if you just watch it without downloading the same, u will not be committing a Crime. MOST IMPORTANTLY, if you are involved in anything connected to Children/ Teen Pornography( Any person below 18 years), you are bound to get a Jail Term!!!!!!

To end it, better avoid it than get into any trouble!!! YOU NEVER KNOW, SOMEONE IS ALWAYS WATCHING US BEHIND OUR BACK!!!

Sunday, March 9, 2008

Laymen's Guide to Law - Vol.1

I am starting offf a series of Laymen's Guide to law. I just want to increase the awareness of people around regarding the laws around them. As i am an Indian, i will stick to only laws applicable in India. I am not writing any law book or dictionary, just a normal Informative sessions.....


Remember this golden rule. Next time, dont go to the Court/Lawyer and tell that " Hey I didnt know that there was a rule/law like__"- " Please excuse me this time, wont commit the mistake again"...cause doing so wont help you.. You might wonder??? there are thousands of Rules, regulations, bye-laws and Acts passed by different governments, corporations and other local authorities authorised to make laws...and this list is increasing every day....How can a normal person be expected to know all these??
Sadly you are expected to know all of them. Once published in an Official Gazette( a government Paper), it is known that a public person has knowledge of it. You dont need to master the laws, just know the laws and not break them!!!
But think of it, if criminal law had paved way for this rule as an exception or defence in law, EVERY CULPRIT( wrongdoer)/Defendant after committing an offence will take this defence and the prosecution( the side asking for the punishment of the other side or party seeking justice in criminal matters...although all times it is the STATE- as a criminal act against the society as a whole and not just an individual) will find it difficult to prove the opposite.

Interesting Facts: The burden of proof in criminal law is on the prosecution to prove the guilt of the Accused, who has to prove it beyond doubt...
India follows the principle of "Innocent until proven Guilty" ----- "LET 99 BAD PEOPLE GET AWAY BUT ONE INNOCENT MAN SHOULDNT BE PUNISHED!!!!!"

(If there is any mistake in the explanation/ law view,please correct me)

Wednesday, March 5, 2008

" I have a Dream " - Martin Luther King

One of the Greatest Speeches by the pioneer in the Liberty of Black's Movement in America, which paved way for equality among the whites and blacks in the United States of America. You know who i am talking about, now just read the following speech by that Great Man whose inspiration was none other our Father of the Nation, M.K. Gandhi.

"I Have a Dream full speech"
by Martin Luther King Jr

" Five score years ago, a great American, in whose symbolic shadow we stand signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of captivity.

But one hundred years later, we must face the tragic fact that the Negro is still not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity.
One hundred years later, the Negro is still languishing in the corners of American society and finds himself an exile in his own land. So we have come here today to dramatize an appalling condition.

In a sense we have come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of colour are concerned. Instead of honouring this sacred obligation, America has given the Negro people a bad check which has come back marked "insufficient funds." But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check -- a check that will give us upon demand the riches of freedom and the security of justice. We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquillising drug of gradualism. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to open the doors of opportunity to all of God's children. Now is the time to lift our nation from the quick-sands of racial injustice to the solid rock of brotherhood.

It would be fatal for the nation to overlook the urgency of the moment and to underestimate the determination of the Negro. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquillity in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.

But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.

We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. The marvellous new militancy which has engulfed the Negro community must not lead us to distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny and their freedom is inextricably bound to our freedom. We cannot walk alone.

And as we walk, we must make the pledge that we shall march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.

I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.
Go back to Mississippi, go back to Alabama, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.
I say to you today, my friends, that in spite of the difficulties and frustrations of the moment, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident: that all men are created equal."

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave-owners will be able to sit down together at a table of brotherhood.

I have a dream that one day even the state of Mississippi, a desert state, sweltering with the heat of injustice and oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character.

I have a dream today.

I have a dream that one day the state of Alabama, whose governor's lips are presently dripping with the words of interposition and nullification, will be transformed into a situation where little black boys and black girls will be able to join hands with little white boys and white girls and walk together as sisters and brothers.

I have a dream today.

I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.

This is our hope. This is the faith with which I return to the South. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God's children will be able to sing with a new meaning, "My country, 'tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."

And if America is to be a great nation this must become true. So let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania!

Let freedom ring from the snow-capped Rockies of Colorado!
Let freedom ring from the curvaceous peaks of California!
But not only that; let freedom ring from Stone Mountain of Georgia!
Let freedom ring from Lookout Mountain of Tennessee!

Let freedom ring from every hill and every molehill of Mississippi. From every mountainside, let freedom ring.
When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, "Free at last! free at last! thank God Almighty, we are free at last!"