The members of the Scheduled Castes were the children of the "Endless Night".

[yogesh saxena]

The members of the Scheduled Castes were the children of the "Endless
Night". Their birth-right was the badge of shame; their inheritance,
the overflowing cup of humiliation; their constant and closest
companion, degradation; the bride of their marriage, lifelong poverty;
and their only fault, to be born to their parents. They were denied
education. They were denied jobs except the lowest menial tasks. They
were denied contact with persons not belonging to their castes for
their touch polluted and even their shadow defiled, though the touch
and the shadow of the animals did not, for men rode on horses and
elephants and on mules and camels and milked cows, goats and
buffaloes. They were denied worship and the doors of the temples were
shut in their faces for their very presence was supposed to offend the
gods. All these wrongs were done to them by those who fancied
themselves their superiors. As the anonymous satirist said
"We are the precious chosen few
Let all the rest be damned.
There's only room for one or two
"We can't have Heaven crammed."
The treatment meted out to the members of the Scheduled Castes
throughout the ages was an affront to Human Rights. It was in a spirit
of atonement for the wrongs done to them and to make restitution for
the injury and injustice inflicted upon them that the framers of the
Constitution enacted Article 16(4) placing them in a separate class in
matters relating to employment or appointment to any office under the
State, formulated the Directive Principle embodied in Article 46, and
proclaimed the great Constitutional mandate set out in Article 335.
Children are the citizens of the future era. On the proper bringing;
up of children and giving them the proper training to turn out to be
good citizens depends the future of the country. In recent years, this
position has been well realised. The Children Act, 1948, has made
elaborate provisions to cover the International Charters relating to
the rights of children and if these provisions are properly translated
into action and the authorities created under the Act become cognisant
of their role, duties and obligation in the performance of the
statutory mechanism created under the Act and they are properly
motivated to meet the situations that arise in handling the problems,
the situation would certainly be very much eased. It is very much
necessary, therefore, that officers at the different level called upon
to perform statutory duties by exercising powers conferred under the
Statute have to be given the proper training and only when they had
the requisite capacity in them should they be called upon to handle
the situation.
The power rests on public opinion and if we diversify our intention
for the lesser important factors, the prominent amongst them may be
crucified. This was the approach of our political master to rule the
nation after getting independence . In the present context of the
political set-up of the country having certain global phenomenon
regarding involvement of the politician at large in the nefarious
activities by gaining undue prominence without any moral obligation
towards the citizens to protect their human rights , there should be
the persistent efforts of the people for participating into political
sphere as the article of perpetuating corruption by mediocrity and
thereby earning enormous money and power to be restricted for which
the person willing to sacrifice their future for the betterment of the
human rights of the public may come forward . The choice of the people
in political arena for launching any political party into the power is
just like of patting the snake or Cobra . Destiny is the result of
consequences reflecting through individuals action. An urge may lead
to big surge . Hell and heaven both exists in a society only the truth
remains without any virtue , not with any voice. It is said that where
the science ends , religion begins ; where the religion ends
spiritualism starts ; where the spiritualism ends , a reality
survives. These are the realities of the life in the process of
evolution . the creative acts of the genius are always remain the
subject matter of criticism as they are usually confronted with
optionally stupidity of other fellow citizens. There is a delicate
balance between public duty and personal honour . The numerical
majority leads to the destruction of benevolent leadership . The human
progress do not originate in the composite brains , but it is by the
wisdom of the individual personality . Thus in the search of the
better human rights provided to its citizens , there is necessarily
some impediments in process of evolution and advancement of society
because the protection is at large in favour of those citizens who are
involved through their activities towards their towards destructive
approach for advancement of the society , which is detrimental to the
interest of the superior in command . Still there may not be any
compromise with the human rights conferred upon an individual.
Society is becoming more complicated. The democracy brings with it
evils of its own system . It is difficult to search a really devotes
person amongst the majority. Psychological reconciliation amongst
fellow citizens to utilise every potential energy and to maintain co-
ordination between fellow citizens. Civilisation begins in order ,
grows with liberty and ultimately perish in chaos , civil liberty are
better and save as long as its enforcement do not bother others
existence . Administrative system and judicial institutions are
considered for vacillation of the purposes. There is always a conflict
between opinion and rivalry of the interest. Time has come to expose
the falsehood and fallacies through discussions in order to avert its
global devolution. The remedy is speech, not enforced silence. The
ship of progress is equipped with moral strength. We cannot remain
silent spectator by observing the gradual disintegration of every
institution in a democratic society. However , our potential will
prove the power to save them and to resist against evil disasters .
There is no steady advance towards higher condition of progress. The
opinion persists to subordinate personal interest to social interest
as the vested interest are always motivated to usurp power through any
means even at the cost of its own interest. Sincerity is now slave of
destructive activities and human rights are passing through the state
of psychological retardation. Attitude of the public is mainly consist
of denouncing the receptive norms. Moral damage is more terrible.
The individual human rights enforcement is inadequately persists and
thus the existing remedies are required to fresh appraisal. The entire
fabric of the society is scattered and shattered , which is existing
with galloping corruption. The proper assessment of legal and social
condition is essential. Reason obeys itself while ignorance submits to
whatever is dictated to it . Freedom does not mean abuse nor liberty
is a license . The survival of the human rights and individual freedom
requires obedience, endeavour, honesty , truthfulness, sacrifice ,
discipline and character . Implementation of the strong idea requires
steadfast wisdom. Such idea should burst every chain , which tends to
paralyse its efforts to push forward. Most of the people tends to see
nothing nor inclined to observe. They do not take the notice of evil
consequences as the simplest and the cheapest attitude is apathy. The
ensuring success is mostly understood at the beginning due to strong
contrast of public opinion .
There is one prominent factor in representative government that it is
not ruled by the minority through the brute forces and may again lead
to us for a slavery. Thus it is seldom considered that let the
advancement of the people may suffer by other radical factors , but at
least we are not leading for the unpleasant slavery and subordination
at the hands of a foreign ruler. Thus we have to search the new
method, strategy, accountability and responsibility in the present
political system of a representative government. Every art and every
enquiry and similarly every action and pursuit is thought to aim for
welfare of the people and thus all things depends upon them to find as
better end .
The legal proposition based on such supervisory jurisdiction is
coupled with the fact as to whether an abuse of the discretion may not
be viewed by its magnitude and its gravity of the said misconduct, may
not be sufficient for disciplinary action. Such power may be exercised
in exceptional cases but atleast there may be some fear in the minds
of the judicial officer to conduct its functioning as the confidence
of the litigant public may not be shaken by the lack of integrity and
character of the judicial officer by providing the suffering to an
innocent person and also to maintain the discipline in the judicial
service. Unfortunately we have lost our sight from this basic
requirement, which is necessary to maintain the rule of law .The
system of investigation of a crime is other then the maintenance of
law and order situation and the investigation part must be either
under central government or require to be given to some other
independent agencies.
There should be the basic amenity provided to every individual on his
door step and the officer empowered to impose and realize taxes must
visit the resident of the tax payer and the people may not wait as
that of the queue waiting for taking the ticket at railway station. If
one has to wait for more than five minute for purchasing a ticket
meant for journey then he should be make a complaint to the lethargic
approach of a administration and should assemble to see that the
minister of railway may resign by their collective efforts. It will be
instructive to sun up this discourse with the observation of Chief
Justice Bhagwati in Suk Das. It is common knowledge that 70 percent of
the people living in rural areas are illiterate and even more than
that percentage of the people are not aware of the rights conferred
upon them by law. Even literate people do not know what are their
rights and entitlements under the law. It is this absence of legal
awareness which is responsible for the deception, exploitation and
deprivation of rights and benefits from which the poor suffer in this
land. Their legal needs always stand to become crisis-oriented because
their ignorance prevents them from anticipating legal troubles and
approaching a lawyer for consultation and advice in time and their
poverty magnifies the impact of the legal trouble and difficulties
when they come. More over, because of their ignorance and illiteracy,
they cannot become self-reliant; they cannot even help themselves. The
law ceases to be their protector because they do not know that they
are entitled to the protection of the law and they can avail of the
legal service programme for putting an end to their exploitation and
winning their rights. The result is that poverty becomes with them a
condition of total helplessness. This miserable condition in which the
poor find themselves can be added to situations (1986) 2 SCC 401).
The court should exhaust the entire work every day even if the court
may sit upto late night and thus no litigant should wait for the
disposal of his case in more than two hearing at the time or the case
be taken every day till it may not dispose off.
The advocate should be given responsibility of writing the judgement
and judge may sign them after due scrutiny. Extant by creating legal
awareness amongst the poor. That is why it has always been recognised
as one of the principal items of the programme of the legal aid
movement in the country to promote legal literacy. It would in these
circumstances make a mockery of legal aid it were to be left to a
poor, ignorant and illiterate accused to ask for free legal service.
This is the reason why we ruled in Khatri II case that the Magistrate
nor the sessions judge before whom an accused appears must be held to
be under an obligations to inform the accuses that if he is unable to
engage the services of a lawyer on account of poverty or indigence, he
is entitled to obtain free legal services at the cost of the state. We
also gave a general direction to every State in the Country to make
provision for grant of free legal services to an accused who is unable
to engage to a lawyer on account of reasons such as poverty, indigence
or incommunicado situations (1986 2 SCC 401).
There should be the equal treatment given to an advocate by the judge
and if the judge may not behave properly then there must be the proper
scrutiny of the complaint lodge by such advocate. The judicial system
which was initially meant for rectification of the mistake of the
subordinate judicial officer , is seldom found in itself being
indulged into its own mistake . The litigation is now being filed
nearly as a clock for attaining private ends and as such the court
must be careful to weigh conflicting interest of the other side. The
consequent delay in disposal of the cases is seldom visualised the
shortage of the water supply for the agriculture irrigation facility,
shortage in electric supply ,obstructing industrial development and
for the construction of the road and irrigation canal by entertaining
the petition on the plea of malafide or by levelling the allegation
for collateral purpose against the land acquisition proceedings. Thus
there may be reimbursement of cost of escalation resulting from such
delay to the public or to the affected party , in case such litigation
which has started for extraneous consideration ultimately fails.
No one is above law as law neither give any preference to the judge
nor provide the discrimination with the lawyer. In the judges Transfer
Case, justice Bhagwati declared that law in the following terms: where
a legal wrong or a legal injury in caused to a person of violation of
any constitutional or legal right….. and such person or determinate
class of persons is by reason of poverty, helplessness or disability
or socially or economically disadvantaged position, unable to approach
the court for relief, any member of the public can maintain an
application for an appropriate direction, order or writ in the High
Court under Article 226 and in case of breach of any fundamental right
of such person or determinate class of persons, in the Supreme Court
under Article 32 seeking judicial redress for the legal wrong or
injury caused to such person or determinate class of persons. (1981)
Supp. SCC 87).
INDIGENOUS NATURAL VEGETATION ENERGY THERAPY is on the verge of
extiction on the behests of multinational company to earn on the cost
of life of Indian Citizen This was the first claim set up by any one
of the Research Institutions to have the complete cure of Cancer
through authority documentation and result of the said research. “Fear
is an inherent characteristic of human being and for obvious reasons”.
Every minute 10 people dies in Cancer. Your watch may stop picking
but the phenomenon does not what does it mean?
That the slogan may be highlighted by the potential gathered after the
research of more than 35 years with a successful cure of cancer.
Still now the fight of man and Cancer which should have been between
treatment and cancer, is not for eradication of preventing melody, but
by the rigmarole of technicalities by the circumventing the very
object of the research under the garb of technicalities by
respondents. This is an alarming situation merely for the reason
that even sort of potential is crucify by such divisive forces who
are otherwise indulged in ruining the nation. The WORLD HEALTH
ORGANIZATION and other developed country are giving due respect to the
researches conducted by such dedicated scientist on which the medical
science has yet not been able to provide an answer. It has been said
that the blind faith is deep which closes its eyes to the scientific
inferences and terms a deaf ear. The research has crossed the barrier
of this deep scientific blind faith.
That there is neither any drug nor any chemical are used in certain
methodology for analyzing the result. The manufacturer of medicine,
which are mostly prepared from poison and drugs are injurious upon the
other organs of the body due to adverse reaction. The indigenous
product administered as nutrient energy are extracted through 1621
products taken from environment. Thus the ultimate cure is meant by
the Naturopathy of taking the ingredients of such cereals, leaves,
timber, flower, vegetable and fruits. There is the mixture of 16 type
of water in the process.
That the Patients need not come to any Research Center but herbal
produce are send direct to patients or their representative after due
diagnosis of disease of Cancer from other medical resources not
associated with the centre. It is after being conversant with certain
fact, in which organ of body, and from when the Patient is suffering
from the Cancer, the product made the several type of Nutrient and
water are provided in expenses incurred in preparation of such
indigenous product, which may not be called the medicine in actual
name of therapy provided to patient as NUTRIENT ENERGY THERAPY.
The position is so alarming that there has been the unauthorized and
illegal seizure of the nutrient extracted from the natural vegetables
under the garb of the alleged circular prohibiting the claim for the
complete cure of certain alleged incurable diseases. The impugned
action of the respondents purported to have been done in pursuance of
Schedule’J’ ( Rule 106 of Drugs and cosmetic Rules, 1945)
( Annexure- ) is wholly arbitrary, unconstitutional and void.
That the nutrient energy therapy for the cure of diabetes, blood
pressure, hyper tension, cardiac vescular ailments and also to fight
against paralysis. The success achieve in such type of the research
is highlighted by the perusal of the successful cure conducted over
the individuals suffering from such incurable diseases as alleged by
the officials of drugs and medicine department. There is a long story
of the success gain by the centre from the year of 1965. It was in the
year 1985 when there was a circular issued for the purposes of
providing the incentive by de-licensing the industries indulged in
developing the new scientific skill and temperament based on the
research through indigenous produce of the vegetation and the extract
of natural environment for providing nutrient energy therapy like
present research centre .
That on one hand a registered society indulged in the cause of
upliftment of the down trodden citizens at large suffering from the
alleged incurable disease like cancer etc. has been restraint by the
respondents to carry on their research by NUTRIENT ENERGY THERAPY
through the vegetable INDIGENOUS NATURAL VEGETATION from the nature
are being threat by the respondents for closing their research centre
under the garb of violation of provisions of drugs and cosmetic act
1940 while on the other hand the multi-national companies like the
East Indian Company in the past, are indulged in administering the
poisonous and toxic substance under the authority and licence of Coca –
Cola, Pepsi, Miranda, which is causing ulcer, gastro-intestinal
problem and in some case the renal failure and also to the cancer.
There is no authority prohibiting the advertisement of these cold
drinks on the Audio visible media like Door Darshan and these products
have yet not been banned even the effect of the consumption of these
soft drinks is in violation of the provisions of the food adulteration
act. The petitioners are placing some of the relevant factor relating
to the ill-effect of such soft drinks known as Coca cola and Pepsi in
the paragraphs written herein after in the present writ petition.
soft drinks commonly known as Pepsi, Miranda, etc. are being
manufactured under the authority of Pepsi Co. Inc . U.S.A. in India
That the commercial advantage taken by the beurocrates in collision
with the manufacturer companies of the cold drink may not be
beneficial for the growth of the nation. A country having a
Constitution with the galaxy of Fundamental Rights is now being rules
with the governance through laissez-faire, policy with political set
up having coordination with the divisive forces for economic, social
and national operation of the people al large.
That The country where 50% of population is still illiterate, is
required to be governed in such a manner as the illiterate person may
also get their right of survival in the nation. This is neither the
concept of the distributive justice nor the same is permissible from
any yard stick to promote such the injurious product through the
advertisement of the Government agencies like Doordarshan and other
channels.
That the effect of the advertisement directly reacts upon the
conscience of the people that the product shown through such
advertisement should have been approved by the Central Government
otherwise it would not have been displayed for the consumption of the
general public before obtaining of such product from Indian Standard
Institute and Quality Control Department. Thus there is vicarious
cause upon the Union of India to provide the awareness to the public
regarding the injurious effect of such a product the human
consumption. Every right is co-related and co-existent with the duty
and as such in a Sovereign Democratic Republic. There may be the
endeavor for the enlightenment from the injurious and disastrous
product to the public. Unfortunately we can not achieve the objective
of an egalitarian society which is free from corruption, favoritism
and nepotism even after the expiry about 55 years from our
independence.
That the soft drinks commonly known as Pepsi, Miranda, etc. are being
manufactured under the authority of Pepsi Co. Inc . U.S.A. in India by
the respondent no. 10 while the soft drinks known as Coca Cola, Thums
up, Fanta etc. are manufactured under the license and authority of
Coca Cola Company, U S A by the respondent no 11. These cold drinks
are having its ingredients as carbonated water, sugar, citric acid,
emulsifying agents, sequestering and buffering agents, which are not
only harmful, but the use of these agents may be so injurious that the
consumption of these soft drinks to the extent of few litters may
result in death of an individual. The preservative flavour and carbic
acid is further injurious resulting in gesto intestinal digestive
problem and finally causing ulcer. However, on account of unawareness
from the potential harms to the public, the Indians offer these soft
drinks as a matter of grace in the honor of a guest. There is the
irreparable loss to the health of the children, who use to take these
cold drinks in order to provide a cooling effect in the body in the
scorching heat during the summer.
That it has come to the knowledge of the people in U.S.A. on the basis
of a research conducted regarding the injurious effect of these cold
drinks which was published in a research journal namely” THE EARTH
LAND GENERAL”. According to its report, the contents of one bottle of
soft drink may have about 40 to 72 Milligram of psychotropic substance
i.e. Glycerin, Eastergum and glycol which is extracted from the corpus
of the dead animals. It has been observed that on account of having
the citric acid, it has got the same effect in the body which phenyl
may give effect for washing the tiles. It has been said that if the
rust is given effect upon the cloths, it may remove the blot if we may
rub them after pouring the cold drink inside the washing machine. It
removes the grease from the strain cloths. That in the article written
by the journalist in Hindustan Times, ( H T ALLAHABAD LIVE) on the
basis of observations made by Dr. Dhanesh Agrahari, it has been found
that “ Looking at the ingredients written on the label of a premier
soft drink, containing 1.5 litre soft drink, you will find that it
contains phosphoric acid. Minute quantities of ethylene glycol are
also used. This is popularly known as antifreeze, which prevents
water from freezing at 0 degree Celsius and instead, drops the
temperature by(- 4) – (-5) degrees. The chemical is the caliber
arsenic, Dr. Dhansesh Agrahari suggests. That according to him, we
should prefer flavoured milk, tender coconuts, butter milk, lassie and
plain water to soft drinks. He told Hindustan Times live that the P H
value of these soft drinks is very low and causes digestive problems.
It also affects the esophagus and finally causes ulcer. Its acidity
is strong enough to dissolve teeth and bones. Human body stops
building bones at the age of about 30 years.
Cancer doesn’t have to be a killer disease, not if you understand the
various possible causes it, and learn how to fight it by targeting
those fundamental causes. Cancer develops because certain conditions
in the body allow it to develop . Once you understand those
conditions, and learn how to change the internal environment in the
body so that it becomes a place where health flourishes, not cancerous
cells, cancer can be beaten, with or without using chemotherapy or
radiation.
While there certainly can be situations where someone is just too far
advanced and doesn’t have energy or time to recover, being sent home
to die doesn’t mean it is too late.
Cancer cells are always developing. They always have done so. The
immune system has components whose job it is to seek out and destroy
cancer cells. Cancer has been around as long as mankind. Cancers
exploded in the second half of the 20th century because the overload
of toxins, pollutants, stress, poor food and the wrong type os food,
pathogens, electromagnetic stress, just about anything that wasn’t
around 200 years ago, even lights, helps create a weakened immune
system and other conditions inside the body that lead to cancer.
Cancer tumors begin when more cancerous cells are being created than
an overworked, depleted immune system can destroy. Constant exposure
to tens of thousands of manmade chemicals from birth onward,
electromagnetic radiation, pollution and other toxins, leads to the
creation of to many free radicals and excessive numbers of cancerous
cells. Alone this would be enough to raise cancer levels, but combined
with an immune system weakened by a diet of refined and overprocessed
food, mineral depleted soils, too much light.
The body is overworked and depleted from our high stress living
conditions and constant need to deal with the huge number of toxins we
are exposed to. What you get is a malfunctioning immune system and a
body that is not capable of destroying the excessive numbers of
cancerous cells that develop. Some, sooner or later, survive and
multiply. And you have cancer.
Overcoming cancer is a process of reversing the conditions that
allowed the cancer to develop. The exact causes don’t have to be known
though certainly the more different approaches taken to correct those
conditions, the more likely you are going to hit on what works best in
a particular case. What needs to be done is to strongly and
dramatically interrupt and reverse these cancer causing conditions so
that a body becomes more healthy, and no longer becomes a cancer
creating environment. The more cancer there is, the more serious and
worse the conditions, the more that has to be done. It may be too
late, or it may not. No one knows where that cutoff lies as very
advanced cases can turn around.
What you will be reading in this report isn’t about a cure for cancer.
It isn’t medical advice. It is sort of like the advice from the
National Cancer Society that one of the most important things you can
do for your health is to eat five servings of fruits and vegetables a
day. Now, eating five fruits and vegetables a day is not going to make
much of a difference once you have cancer. Fifty a day might,
especially if it was organic produce. Or to speed up the fight even
more, using whole food concentrates and products that concentrate
nutrients that dramatically and strongly reverse cancer-causing
conditions. To supercharge changes so that serious cancers of any type
might possibly improve. For example, the suggested normal
supplementation for a couple of edible blue green algae formulations
is 4 tablets of each of them a day. However, an 80 year old woman sent
home to die with tumors throughout her body, several on her spine, in
her legs and elsewhere was told by a person who had himself recovered
from terminal cancer to take large quantities of these algae
supplements, 30 tablets of each a day. Over seven times the normal
amount. A few months later, when she went in for a cat scan, the
tumors were gone. Some people taking care of a woman hospitalized with
severe cancer heard about this success. She had already been eating
these algae supplements, the normal amount. And was very bad off. In
fact her doctors said they had never seen a person still alive with as
much cancer in her body as she had. (It could be that the small amount
of algae she was taking was helping to keep her alive a bit longer.)
Her caretakers started giving her 60 tablets a day of these algae
supplements. She regained her health. Other people with severe cancer
heard about these women (and others like them), and a number also ate
large amounts of the algae. And recovered. Certainly not everyone
eating large amounts of these algaes recovers, that would be too good
to be true. But if a drug had ever
There must be a proper communication, transportation and security of
the passenger traveling inside the train and they should not be
treated as a slave. The water should be preserved by having the
storage of the entire rainy water in the village by digging the pond
as only 4 percent of drinking water is available as underground water
for consumption. We must not allow our country to become desert like
that of Islamic nation of the world. The Environment related Laws
enacted by the Parliament under Articles 252 and 253 of the
Constitution of India. The Water (Prevention and Control of Pollution)
Act, 1974 was promulgated as a Central Legislation under Article 252
of the Constitution. Since, the "water" is listed under the State
list, a Resolution from two or more State Assemblies empowering the
Parliament to enact the Legislation on the State List was required.
The Water (Prevention and Control of Pollution) Act, 1974 became
effective at the State level when it was adopted by the concerned
State Assemblies. The Air (Prevention and Control of Pollution) Act,
1981 and the Environment (Protection) Act, 1986 were promulgated under
Article 253 of the Constitution of India, which empowered the
Parliament to enact legislations on such matters as necessary for
compliance of International Agreements in which India has been a
party.
The Supreme Court of India in numerous matters elaborated the scope of
Article 21 of the constitution of India, which deals with protection
of life and personal liberty - No person shall be deprived of his life
or personal liberty except according to procedure established by Law.
In the matter of Rural Litigation and Entitlement Kendra Vs State of
U.P. - the Hon’ble Supreme court held that the right to unpolluted
environment and preservation and protection of nature’s gifts has also
been conceded under Article 21 of the Constitution of India. The
Constitutional provisions provide the bed-rock for the framing of
environmental legislations in the country. Article 48-A of the
Constitution deals with the Protection and Improvement of Environment
and Safeguarding of Forests and Wildlife – The State shall endeavour
to protect and improve the environment and to safeguard the forests
and wildlife of the country. On the basis of the said provisions, the
Environment (Protection) Act, 1986 and the Wild Life (Protection) Act,
1972 (as amended in 1986) have been enacted by the Parliament. Under
Part IV-A of the Directive Principles of State Policy, Fundamental
Duties have been added under Article 51-A by the 42nd Amendment of the
Constitution in 1976. Under Article 51-A(g) provides the Fundamental
Duties with respect to the environment which includes - To protect and
improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures.Supreme Court
Cases-2006S.C.C.vol.1 page1