India, Maharashtra, vijay kumbhar, News, Governance, RTI, Transparency, Civic Issues, Real Estate: 2019

Thursday, June 13, 2019

Slovenia amended the constitution to protect 21st-century liquid Gold, Water is the fundamental right of the citizens!


Slovenia, the small country in the European Union has incorporated water into the Constitution as the basic right of all. Two years ago, the Parliament of the country amended the Constitution, saying ‘the country's abundant availability of 'water is a public goods under a country's system and not a product of market' country's abundant clean supply are 'a public good managed by the state' and 'not a market commodity’. Slovenia has the basic right to all citizens of drinking water in the Constitution and to stop its commercialization. This resolution was accepted by a number of 64 against the number of 0. The then prime minister, Miro Cerar, had urged lawmakers to pass the bill saying the country of two million people should “protect water – the 21st century’s liquid gold – at the highest legal level”

Image Courtesy www.slovenia.info

A couple who come s to me for some guidance on their work. Wife is Indian and the husband is Slovenian. According to them one reputation in Slovenia is of immense importance. This couple has travelled almost across the world. After that, they decided to do something good in India and came. According to the girl, she received a lot of honour in her husband's country.

“Article 70a

(Right to Drinking Water)
Everyone has the right to drinking water.

Water resources shall be a public good managed by the state.

As a priority and in a sustainable manner, water resources shall be used to supply the population with drinking water and water for household use and in this respect shall not be a market commodity.

The supply of the population with drinking water and water for household use shall be ensured by the state directly through self-governing local communities and on a not-for-profit basis.”

II
Laws regulating the matters referred to in the new Article 70a of the Constitution must be brought into conformity with this Constitutional Act within eighteen months of it entering into force.

This Constitutional Act shall enter into force upon its promulgation in the National Assembly.

Official Gazette of the Republic of Slovenia No. 75/16 of 30 November 2016


Same the behaviour she was expecting from the people of India for her husband. But unfortunately, when they landed in India very first experience with a builder was a nightmare for them. She also had to face a lot of harassment for herself as well as for her husband. But when the builder realized that the couple is not going to succumb to any pressure, he was ready to take back the house and refund the money. But That is not enough for the couple they are expecting an unconditional apology from him. Nothing has happened yet. Now both are experiencing the Indian system in different offices


 After complaining to the Chief Minister and Food and Drug Administration about packaged purified water two days ago they both came to me when I was talking to the Reporters. They were surprised to hear the matter of privatization of packaged water and privatization of dams in the state.  They told me that in their country even if the water reservoir is private it cannot be closed and access to water cannot be restricted, anybody.

The quality of water in Slovenia is very good and, in the future, it will gradually become more valuable good. Due to its increasing value, in the future, foreign countries and international corporations may target it and increase the pressure on Slovenia. To protect water from such pressure Slovenian parliament has made it the fundamental right of citizens. Apart from Slovenia, more than 15 countries have taken such a decision. Slovenia is the first European Union country to include water rights in the Constitution.




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Saturday, April 27, 2019

Validity of penal provision in case of wrong complaint against EVM’s deviant behavior challenged in SC

Is a threat of FIR in case of a wrong complaint against EVM’s deviant behavior justifiable? Can a person accused of any offence be compelled to be a witness against himself? We will get answers to these question after hearing of a petition in the Supreme court. Mumbai based Lawyer and RTI activist Sunil Ahya has challenged the validity of the penal provision in case of mismatched voting. Ahya mentioned this petition before Chief Justice on 24 April. Court ordered to list the matter On 26 April however on that case was not listed hence Ahya again mentioned it on 26th and court ordered to list it on 29th. So petition may be admitted on 29th of April.



Ahya has prayed Supreme Court to set aside Rule 49MA of the Conduct of Election Rules, 1961 except for the procedure prescribed for purpose of creating a statistical record of the complaints; and to register the complaint of any deviant behavior of the electronic machines/equipment used in the process.

There may be counter arguments on the complaint that ‘Press Any EVM Button and vote go to an unintended candidate”. But the political leaders like Sharad Pawar, Arvind Kejriwal, sushilkumar Shinde, Akhilesh Yadav, Mayavati and thousands of other people across India have complained outside polling booths about EVM VVPAT vote mismatch. However, not sure if machine’s behavior during test vote & scared of facing FIR, no one except one in Sangli of Maharashtra challenged mismatched vote under section 49 (MA) of election rules. 

Even ex DGP of Assam alleged EVM tampering after casting vote but didn’t dare to complain. This needs to be changed. The person casting vote should be sure of his vote has gone to the intended candidate only. If there is doubt in his mind it should be cleared immediately. 

Rule 49MA of the Conduct of Election Rules, 1961 mandates elector to give declaration in case of mismatched voting. This rule read with section 177 of the Indian Penal Code, criminalizes the reporting of deviant behavior of EVM & VVPAT. After complaint of mismatched voting the presiding officer if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer has to obtain a written declaration from the elector as to the allegation. And after such declaration is obtained the Presiding Officer then permits the elector to record a test vote in the voting machine in his presence and in the presence of the candidate or his representative.

Also, is it fair and just to charge an elector for reporting such deviant behavior and to ask himself to be a witness against himself? As per article 20(3) of the Constitution. No person accused of any offence shall be compelled to be a witness against himself.

This all system puts the burden of proof on the elector, who has to face the criminal charges irrespective of whether that reporting is truthful and honest. This deters an elector from coming forth and making any complaint. This system also gives clean chit to the machine against which complaint has been made. Faulty machines sometimes may also record correct results. And that is the reason people don’t dare to complain even if they are sure of deviant behavior of EVM. Hence should be allowed to complain without fear of any action against him. 

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Subscribe for Free

To receive free emails or free RSS feeds, please, subscribe to Vijay Kumbhar's Exclusive News & Analysis
                   
RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199

                  https://vijaykumbhar-hindi.blogspot.com/
                  https://vijaykumbhar.blogspot.com/
                   http://surajya.org/
Email     –   admin@vijaykumbhar.com
                     kvijay14@gmail.com


Thursday, January 31, 2019

List of all the properties submitted to court for auction in DSK investment scam

Recently special public prosecutor Pravin Chavan in DSK Investment fraud moved a plea before the special MPID court for public auction of 143 freehold immovable assets belonging to jailed developer D S Kulkarni (DSK) and his group of companies. Here are the list of all the properties submitted to the court.