some comments on Hinsa Virodhak Sangh Vs.Mirzapur Moti Kuresh Jamat.

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jacob george

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Oct 26, 2008, 2:13:12 PM10/26/08
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hello everybody,

Amit had posted this case nearly three weeks back but till now no response from the members...what is this?!!..guess the firefighting through words department is left to me, this time atleast!!...here goes...

the commentary is given in the word document attachment given below

   instead of giving my inputs for the four issues that follow the case brief, i would like to draw everybody's attention to minute details in the judgment, which shows what happens when vested interests clash and give different interpretations to suit their said interests.

its my advice to everybody to keep the judgment open either in a separate window or a tab so as to simultaneously correlate to what i am highlighting para wise...


hoping to get lots of feedback soon..cheerio,jakes..
















case-commentary no.1.doc

chandu rathore

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Oct 27, 2008, 6:12:55 AM10/27/08
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hi,everyone
i think there is nothing wrong in this judgment.
after all peace and non violence are not only the basic features of
our society but are also the principles for which indian is known in
the world, today. mahavir swami and gautam buddha were the biggest
propagator of these principles. the mind set of those who do not have
any belief in these principles is shown in this case, as they are
opposing a rational decision taken by the municipal corporation. this
is the problem our country is facing now a days. some groups of the
society thinks that fundamental rights are there personal property
which they can us even to oppose a rational decision.there prople want
to destroy the secular fabric of indian society.
jain religion is one of the smallest part of indian society
contributing more then any other religion in the development of the
country. decision of the court approves the secular philosophy of our
constitution.
i think that the slaughter houses should be closed in all those parts
of country where substantial number of jainis are living .....at least
during PARYUSHAN parv.

bhumika nanda

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Oct 27, 2008, 2:07:22 PM10/27/08
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in the Hinsa Virodhak Sangh Vs.Mirzapur Moti Kuresh Jamat case it was said in a last para.....

it is a short restriction for a few days and surely the non-vegetarians can remain vegetarian for this short period. Also, the traders in meat of Ahmedabad will not suffer much merely because their business has been closed down for 9 days in a year. There is no prohibition to their business for the remaining 356 days in a year. In a multi cultural country like ours with such diversity, one should not be over sensitive and over touchy about a short restriction when it is being done out of respect for the sentiments of a particular section of society. It has been stated above that the great Emperor Akbar himself used to remain a vegetarian for a few days every week out of respect for the vegetarian section of the Indian society and out of respect for his Hindu wife. We too should have similar respect for the sentiments for others, even if they are a minority sect.

n here i want to reteriate the above point...that akbar during his time ...when he was the emepror ...used to remain a vegetarian for a few days out of repect for the  vegie section ...so he did it out of his own voilition..n no judgement or any supreir king forced him ti do it... 

no doubt peace and non violence are part of basic structure of our constitution but we also not forget that secularism and fundamental rights, esp. 'Right to life n personal liberty' are also one of and the most important basic structure of our constitution.....the failure of which will have the repurcursions not only on the individual whose right have been infrienged but on the whole of the society....
 
aricle 19 of the constitution which speeks about right to freedom  guarntees under sub article (1) (g)..right to practice any profession, or to carry on any occupation, trade or business. subject to interest of general public interest and reasonable restrictions.. and article 21  - rt. to life n pesonal liberty except acc. to procedure estb by law...what are these restrictions and general public interest will depend upon each prsn...when in the judgement..the court sys..that its is for a shorterperiod...n in the place where the jain community is having sizebale ammonunt of population.... i think its not about the short period and population...but that putting conditions on the right to life of one section for religious purposes of the other....
 
when through major judgements...our supreme court has maintained that...right to life is not like an animal existence but also include rt to live a life wid dignity n includes rt to food, shelter, education, religion, n also right to privacy...
 
n india which is known as a  country of diverse culture and secularism should trust on it secular pillar...n instead of imposing restrictions (conditions - to be save from contempt of court...) on how one community should treat other... they shud leave it on the ppl itself n....get those ppl behind bars....who are killing our secular values in order to gain vote bank and to keep their private interst on high...
 
and when the courts say..In a multi cultural country like ours with such diversity, one should not be over sensitive and over touchy about a short restriction when it is being done out of respect for the sentiments of a particular section of society.....so now from this line the big Q ? mark is...like who is being touchy n over sensitive about whom....?
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