Hello all, We should learn how to talk to our senior and respected members. Arguing like a street boy and using the foul language such as crying and sort of things is intolerable. I’m replying because I’ve so called cried over the advertisement. I wish professional degree must have taught some professionalism, some mannerism and how to express oneself like a professional.
Mr. Rajesh asadani is our very senior and respected member and I strongly condemn such language against him. We should not forget that we have been taught to apply the law in its letter and spirit both and not in the letter only. The concept of Fundamental laws is an ever evolving and dynamic concept. If my legal knowledge is correct, I think that Article 21 of our constitution relating to life and personal liberty comes under the fundamental rights enumerated in part 3. The Supreme Court judges were not fools who delivered various MC Mehta landmarks judgments against erring private entities by applying the concept of fundamental rights of life and personal liberty! Thanks, Akhilesh. On 5/23/13, avinash shahi <shahi88avin...@gmail.com> wrote: > Mohib, I'm flabbergasted after hearing your sole resentment with > public bodies to sue them in courts. > Better you reflect the terminology 'private' and ponder upon questions > like what is private? organisation/institution which is not > government-undertaking is private? and so called NGOs like NAB, NFB > and others who claim to cater the needs of members in thousands have > no obligation towards the constitution because they are private? such > narrow interpretation is detrimental for disability movement in India > which is still at a nascent stage. > When in family of two, husband's brutality on his wife is not private, > then how NGO like NAB which has its branches in most parts of India > can claim to be private and go on exploiting and discriminating > persons with blindness? > And I wonder if you understood what I meant to send across in my > previous mail , let me delineate little further. > You must have read legal positivist HLA Hart, Jurisprudence does not > only deal with legal text. And judges apply their own rational faculty > to ensure justice to aggrieved. And judges go beyond legal texts is > palpable by various judgements. remember, pain is invisible, it has no > voice, it can't be expressed in court, it can only be beared and > experienced. and previous advertisement inflicted psychological > profound pain. Further many disadvantaged people have been benefited > not because of existing laws, but because Judges have applied their > rationality in interpreting laws in better ways. so thatNab on its > website says: "We Help the Blind Help Themselves". > What will the say in Court if this question will be asked? with regard > to add posted previously? > Further they say: "We have also provided our Reports - including the > financial statements; we believe in absolute transparency in terms of > our accounts". But sadly, I didn't find any link which substantiates > this claim. > And what to understand of fundamental rights because Parliament is > still unable to legislate right to food as fundamental right in this > country of million poors who are unable to arrange two times meal a > day. forget about 'breakfast'. > So part 3 or part four hardly matter, unless willpower is there to > facilitate their realisation. > On 5/23/13, Mohib Anwar Rafel <mohibra...@gmail.com> wrote: >> Avinash, for any kind of violation of right we will have to see >> whether any fundamental right exist there? As we might be aware that >> fundamental rights are some basic rights which have been guaranteed by >> part III of our Constitution, these rights have been classified into 6 >> clusters there. The importent point here is that They are means not to >> protect persons against the conduct of private bodies, but these are >> against the might of the State where individual needs Constitutional >> protection. The whole object of Part III of the Constitution is to >> provide protection for the freedoms and rights mentioned therein >> against arbitrary, invasion by the State. Fundamental rights impose an >> obligation upon the State not to encroach upon the individual liberty. >> Now come to NAB, It works for the establishment and strengthening of a >> social order wherein basic needs of all the blind, are fulfilled. >> It is an NGO established in 1952, when Mr. B. G. Kher, the then >> Premier of Bombay Province moved a resolution at the first all India >> Conference for the Blind held in Bombay, which led to the >> establishment of the National Association for the Blind. It was >> Registered under the Bombay Public Trusts Act, 1950. It was also >> registered under the Societies' Registration Act XXI, 1860. >> >> No document suggests that it has any involvement of government in its >> activities, its completely a private body working as an NGO. >> Thus no fundamental right can exist against any private body, if no >> right exists, therefore no violation, because no violation can be >> made in abeyance. >> But yes one right which has been violated here, upon which every one >> has consensus, that is fundamental moral right! that has been of >> course violated! >> Thats the point upon which Assistant Menager RBI, Mr Asudani insisted >> that it has been violated. Right to equality and here in terms of >> employment, the right of equality of opportunity . >> If you read the title of Article 16, which reads as "equality of >> opportunity in matters of public employment", itself suggests that it >> is available only in public employments and no private employment can >> be covered under the auspice of this article thus no person can claim >> violation of any fundamental right against such private body. >> Ever you hurd any NGO providing SC, ST and OBC reservation? never, >> because they are not bound by the mandate of Article 16(4), unless its >> control is in the hands of government. More over Sec, 33 of Persons >> with disabilities Act, provides 3% reservation against the >> establishment of the government, however new draft disability Act is >> promoting NGOs to increase employment opportunities for disables in >> lieu of certain schemes. >> >> @Mr Himanshu, so you are worried that these organizations not only >> fill their treasury but also bulk of their recruited personnel earns >> their bread and butter. so Mr. your heartache is that you are sitting >> outside of this organization and missing such opportunities? >> >> What is immoral and degrading to you may be perfectly valid in view >> of another person, so keep you imaginations limited upto you. I >> justify only just, I don't belongs to any of such organization, I am a >> professional degree holder. >> Mr you are crying here for seeing family members in the organization, >> I will not make any comment here upon your insensate observation, see >> in government offices, you can find many person from one family and if >> not family members then their near and dears! did you ever think that >> this is real form of corruption existing here in government offices. >> If you can not do any thing there, why are you neighing for so long >> then? >> >> On 5/22/13, Himanshu Sahu <sahu.himanshu2...@gmail.com> wrote: >>> Dear Moderator, >>> instead of the closer of this thread I am compelled to write this mail >>> and ready to bare any punishment... >>> >>> Mohib, of course they are under obligation to establish genuineness of >>> recruitment. >>> This is so because not only these organisations fill their treasury, >>> but also bulk of their recruited personnel earns their bread and >>> butter, and often more than “bread and butter” on the name of visually >>> impaired people only. And, if it is disclosed at any time that >>> anomalies are prevailed in any organisation, hamper its pecuniary >>> productivity >>> >>> I must not explore legal implications of the advertisement because I >>> am not a legal expert, but this is certainly immoral, degrading and >>> raising doubt on the ability of VIs. >>> >>> As far as your language and temper is concerned, it suggests me that >>> you belong to the same group of people who for the sake of >>> perpetuation of vested interest in such organisation, and for >>> justifying any act, whether just or unjust, moral or immoral, don’t >>> hesitate to debase others and bent down on their knees and even lie >>> down on ground for worshiping and oiling their masters. >>> >>> Here, if I start asking question that how many couples and family cum >>> close relatives and friends of members in such NGOs exist, it may be >>> embarrassing for many! So, let us leave behind this subject. >>> But one thing is for sure; your zeal for guarding such sort of immoral >>> turpitude will definitely register you in their good book and earn you >>> good benefits from such organisations. >>> >>> So, good going! >>> >>> And for adding some drops of socialism in your pond of legalism, would >>> like to inform you that in my individual capacity, I have been better >>> applying my vigor for rescuing my brethren and for that I don’t need >>> any remuneration, appreciation or endorsement of any such organisation >>> or person like you. >>> >>> >>> On 5/20/13, yusuf abbasi <yusuftajma...@gmail.com> wrote: >>>> -- >>>> Mobile 08010663328 >>>> 09268704236 >>>> Hi Friends! >>>> There is a job for computer teacher in National Association for the >>>> Blind Faridabad in Haryana State Branch. >>>> NAB Faridabad is looking for female computer teacher for teaching >>>> visually impaired students. >>>> NAB Faridabad conducts six months computer training for visually >>>> impaired students. >>>> In this training, they teach Microsoft Word, Microsoft Excel, Internet >>>> and Windows etc. >>>> anyone can apply except visually impaired person. >>>> Requirements: Educational Qualification B.A. >>>> Technical Qualification: Diploma or six months certificate etc. >>>> Good English >>>> Salary: 7000 to 10000 and according to performance. >>>> Contact: 08010663328 >>>> E-mail: yusuftajma...@gmail.com >>>> Contact soon >>>> >>>> Register at the dedicated AccessIndia list for discussing accessibility >>>> of >>>> mobile phones / Tabs on: >>>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>>> >>>> >>>> Search for old postings at: >>>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>>> >>>> To unsubscribe send a message to >>>> accessindia-requ...@accessindia.org.in >>>> with the subject unsubscribe. >>>> >>>> To change your subscription to digest mode or make any other changes, >>>> please >>>> visit the list home page at >>>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>>> >>>> >>>> Disclaimer: >>>> 1. Contents of the mails, factual, or otherwise, reflect the thinking >>>> of >>>> the >>>> person sending the mail and AI in no way relates itself to its >>>> veracity; >>>> >>>> 2. AI cannot be held liable for any commission/omission based on the >>>> mails >>>> sent through this mailing list.. >>>> >>> >>> >>> -- >>> Thanks and regards >>> Himanshu Sahu >>> Reach: 09051055000 >>> Skype: himanshu.cute4u >>> >>> Register at the dedicated AccessIndia list for discussing accessibility >>> of >>> mobile phones / Tabs on: >>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>> >>> To unsubscribe send a message to >>> accessindia-requ...@accessindia.org.in >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >>> Disclaimer: >>> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >>> the >>> person sending the mail and AI in no way relates itself to its veracity; >>> >>> 2. AI cannot be held liable for any commission/omission based on the >>> mails >>> sent through this mailing list.. >>> >> >> >> -- >> Mohib Anwar Rafel >> M.Phil/Masters in International Law, Center for International Legal >> Studies >> JNU. >> Pursuing Masters of Law, at University of Delhi >> >> Phone: 09811767506, >> 01127666896 >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please >> visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> >> Disclaimer: >> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the >> person sending the mail and AI in no way relates itself to its veracity; >> >> 2. AI cannot be held liable for any commission/omission based on the >> mails >> sent through this mailing list.. >> > > > -- > Avinash Shahi > MPhil Research Scholar > Centre for the Study of Law and Governance > Jawaharlal Nehru University > New Delhi India > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- Akhilesh Dahiya, Advocate. Mobile: +91 9818798780 Email: akhil.akhi...@gmail.com New Delhi Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
