Gangotri of Corruption, Guda Raj and Rapes flows, from two provisions of Law. Until these two laws are set right, the river of corruption shall continue to flood U.P.
MAIN DIFFERENCE BETWEEN FIGHT
"AGAINST CORRUPT-PEOPLE" AND
"FIGHT AGAINST LAWS WHICH MAKE PEOPLE CORRUPT".
There is difference between these two fights.
1) Team Anna, RTI Activists, CBI, ACB, CVC etc are fighting against corrupt people. Their problem is, the corrupt-people are in numbers of crores. It is impossible to catch them. They hope that if there will be a mechanism to catch corrupt people and if few currupt people are hanged, nation will become corruption free.
Psychiatrist call this type of thinking as "Magical Thinking" "Rationalizing"
Corruption will go on even if 5000 people are hanged for taking bribes.
In response to my one article, a M.P. tweeted back, "No way. We are Indians."
This says a lot.
2) The Other method of fighting against corruption is "To modify Laws which are mothers of rivers of corruption, without taking on the corrupt people themselves."
I am not sure which NGO or Govt instutute is assigned this task.
HOW ONE MAGISTRATE STOPPED CORRUPTION IN A SMALL TOWN
Sometimes, in 1983, I heard this story. A young and fresh Magistrate was appointed in small town of Keshod in Gujarat. He was in charge of cases of traffic violation cases.
The fine was upto Rs.1000/-. He started imposing fine of Rs.50/- in each case.
This created problem. People stopped giving bribe to Traffic Police. They asked police to challan them. They will pay in Court. Earlier police used get bribe between 200 to 500 for ignoring traffic violations. Now no one in town was paying them bribe.
First, association of local police officers went to the Magistrate and requested Magistrate to start imposing fine of Rs.1000/, as earlier magistrate used to do. They said it is question bread and butter of their children. They also show willingness to Pay Daily-Hafta (cut from bribes) to Magistrate. He refused to oblige.
Then they went and complained to District Judge. He too was unable to persuade young magistrate to become practical and reasonable.
The Association of Police then went to Gandhinagar and represented.
Next day the Magistrate got transferred order to a court in Desert of Kutchh.
FIRST LAW WHICH IS MOTHER OF CORRUPTION IN U.P. AS WELL AS IN REST OF INDIA.
Sec.506(2) of IPC is a non bailable offence. Under this law, Police can lift any of us from our home, any time, and lock up us in their custody, about three to four days, without letting us meet our relatives, without permitting us use of our mobile phones and without producing us before a judge. If I am not mistaken this is the position all over India.
Many persons are found to have "commited suicide" or "Died due to Heart Attack" in police custody within these first four days.. These are called custodial deaths..
The law asks Police officer not keep any person in police custody for more than 24 hours.
But if there are holidays, the period is extended accordingly. So Though police picks up you in Saturday 7.00. Am, he will make entry in diary that he formally arrested you 6.30PM Saturday. Sunday is holiday. So 24 hours will expire on 6.30PM Monday. At that time court time will be over. So he will have to produce you before Judge on 11.00AM Tuesday.
This is how I understand. But I may be mistaken also.
WHAT IS THIS 506(2)?
If any one complains to police that you gave him threat to kill him. This section applies. And police can arrest you without any permission from Judge, and can keep you jail for about four days.. Many such arrests are made two days before Diwali, so that to spoil Diwali of that person.
ANOTHER PROVISION IS ABOUT U.P. ONLY.
THIS PROVISION MAY BE THE MOTHER OF GUNDA-RAJ and HEAVY CORRUPTION.
Probably in Rest of the India, one section 438 is available to people. If you find that some has lodged an FIR under 506(2), and Police is likely to arrest on a Saturady or Just before Diwali, and if you feel that police is given bribe to kill you when you are in police custudy,----
you can immediately go to Judge under Sec. 438 and Judge will order police to immediately release you on bail as soon as arrested, whether it be Saturday, Sunday or Day before holiday.
This provision takes away three powers from Police 1) Power to Extort money from you 2) Power to torture you and make you drink urine in police custody and 3) And Power to declare, "Heart Attack Death in Police Custody.
This 438 Provision is Deleted and Made Non-applicable in U.P by U.P. Legislature. Thus in rest of country, we are protected by 438 In U.P. People have no such protection.
Result therefore is, Fear of Police, Lots of Bribes and Guda Raj.
This is my understanding of corruption and Guda Raj in U. P.
I may be wrong because I am not from U.P. and I am not well conversant with U.P. Laws.
I am open to correction if I am wrong.
Haresh Raichura
MAIN DIFFERENCE BETWEEN FIGHT
"AGAINST CORRUPT-PEOPLE" AND
"FIGHT AGAINST LAWS WHICH MAKE PEOPLE CORRUPT".
There is difference between these two fights.
1) Team Anna, RTI Activists, CBI, ACB, CVC etc are fighting against corrupt people. Their problem is, the corrupt-people are in numbers of crores. It is impossible to catch them. They hope that if there will be a mechanism to catch corrupt people and if few currupt people are hanged, nation will become corruption free.
Psychiatrist call this type of thinking as "Magical Thinking" "Rationalizing"
Corruption will go on even if 5000 people are hanged for taking bribes.
In response to my one article, a M.P. tweeted back, "No way. We are Indians."
This says a lot.
2) The Other method of fighting against corruption is "To modify Laws which are mothers of rivers of corruption, without taking on the corrupt people themselves."
I am not sure which NGO or Govt instutute is assigned this task.
HOW ONE MAGISTRATE STOPPED CORRUPTION IN A SMALL TOWN
Sometimes, in 1983, I heard this story. A young and fresh Magistrate was appointed in small town of Keshod in Gujarat. He was in charge of cases of traffic violation cases.
The fine was upto Rs.1000/-. He started imposing fine of Rs.50/- in each case.
This created problem. People stopped giving bribe to Traffic Police. They asked police to challan them. They will pay in Court. Earlier police used get bribe between 200 to 500 for ignoring traffic violations. Now no one in town was paying them bribe.
First, association of local police officers went to the Magistrate and requested Magistrate to start imposing fine of Rs.1000/, as earlier magistrate used to do. They said it is question bread and butter of their children. They also show willingness to Pay Daily-Hafta (cut from bribes) to Magistrate. He refused to oblige.
Then they went and complained to District Judge. He too was unable to persuade young magistrate to become practical and reasonable.
The Association of Police then went to Gandhinagar and represented.
Next day the Magistrate got transferred order to a court in Desert of Kutchh.
FIRST LAW WHICH IS MOTHER OF CORRUPTION IN U.P. AS WELL AS IN REST OF INDIA.
Sec.506(2) of IPC is a non bailable offence. Under this law, Police can lift any of us from our home, any time, and lock up us in their custody, about three to four days, without letting us meet our relatives, without permitting us use of our mobile phones and without producing us before a judge. If I am not mistaken this is the position all over India.
Many persons are found to have "commited suicide" or "Died due to Heart Attack" in police custody within these first four days.. These are called custodial deaths..
The law asks Police officer not keep any person in police custody for more than 24 hours.
But if there are holidays, the period is extended accordingly. So Though police picks up you in Saturday 7.00. Am, he will make entry in diary that he formally arrested you 6.30PM Saturday. Sunday is holiday. So 24 hours will expire on 6.30PM Monday. At that time court time will be over. So he will have to produce you before Judge on 11.00AM Tuesday.
This is how I understand. But I may be mistaken also.
WHAT IS THIS 506(2)?
If any one complains to police that you gave him threat to kill him. This section applies. And police can arrest you without any permission from Judge, and can keep you jail for about four days.. Many such arrests are made two days before Diwali, so that to spoil Diwali of that person.
ANOTHER PROVISION IS ABOUT U.P. ONLY.
THIS PROVISION MAY BE THE MOTHER OF GUNDA-RAJ and HEAVY CORRUPTION.
Probably in Rest of the India, one section 438 is available to people. If you find that some has lodged an FIR under 506(2), and Police is likely to arrest on a Saturady or Just before Diwali, and if you feel that police is given bribe to kill you when you are in police custudy,----
you can immediately go to Judge under Sec. 438 and Judge will order police to immediately release you on bail as soon as arrested, whether it be Saturday, Sunday or Day before holiday.
This provision takes away three powers from Police 1) Power to Extort money from you 2) Power to torture you and make you drink urine in police custody and 3) And Power to declare, "Heart Attack Death in Police Custody.
This 438 Provision is Deleted and Made Non-applicable in U.P by U.P. Legislature. Thus in rest of country, we are protected by 438 In U.P. People have no such protection.
Result therefore is, Fear of Police, Lots of Bribes and Guda Raj.
This is my understanding of corruption and Guda Raj in U. P.
I may be wrong because I am not from U.P. and I am not well conversant with U.P. Laws.
I am open to correction if I am wrong.
Haresh Raichura
