Civil litigation through the court of law compel in criminal proceedings, the accused is punished for his being failed to perform such obligation towards society and duty in respect of individual. There are also the instances where public wrongs are remedied through civil proceedings and likewise private wrongs are punished in criminal court. Some acts may be both civil wrong as well as a crime e.g. a thief may be punished for the offence of theft and an the some time may be forced to restore the stolen property to be real owner. There are certain cases where the enforcement of violated rights are impossible. The proper punishment for such offence is to deprive the accuse involved in such offences from their the victim or to the dependent of such deceased as the case may be. Every private wrong and refusal to discharge such obligations towards society must be dealt with criminal proceeding. Preventive measurements may be implemented even with a slight provedation of certain rights. Punishment is before all things deterrent and therefore the commission of such offence should be made equivalent to “A Bad Bargain for the Offender”. Punishment should not meant to prevent criminal but to make such punishment an example to the peoples having criminal tendencies as they may not dare to go for it. Deterring the people from breaking the law may protect the society. “Penalty keeps the people under control, penalty protects them, penalty remains awaken when people are asleep. People are in check by punishment, for it is difficult to find a man who by nature sticks to the path of virtue”. It is true that simultaneously however preventive punishment has some time have undesirable affect. It may harden the first offender or the innocent criminals who may have committed a crime under certain circumstances which might have never occur again in future and by putting them such criminals in association of hardened criminals, may not procure the desirable results. Therefore in awarding punishment the character and age of offender his breeding, education, environment and circumstances should have been taken into consideration under which crime was committed. The reformative system of punishment must not allowed to assume undue prominence. The emphasis should now be put on the circumstance which might have been responsible for commission of crime, wisdom and the call of humanity no doubt alike suggest that it, consistently with such primary objective the reformation of criminal can be brought about, no means should be emitted by which such desirable objective can be achieved. Therefore even the subsidiary purpose of penal discipline may be kept in the subordination to its primary and principal objective. In certain circumstances the person with whom wrong crime is committed may be allowed to take his revenge or to get adequate compensation from wrong door. The punishment must be inflicted for the role objective keeping in mind that the offender has committed a crime to some individual. Punishment should be imposed in order to avoid the danger of private vengeance. Let the debt be paid and wrong be expiated. We must not divorce the action of offender from his personality. It is better to prevent crimes, then to punish them because crime is a product of social excess. Frivolous litigation should be ironically dealt with by awarding the monetary benefit through exemplary penalty so that valuable time be compensated in term of money. We are still like cavemen, with our backs turn has had such diversity in unity where the politician has imposed mindless socialism on the nation, which held in all the peoples on devour and enterprise, which has resulted in the transfer of wealth from the honest rich to the dishonest opportunist, the present licence quota Rajya has laid down money empire for bureaucracy. Indians are fifteen percent (15%) of world population and having 1.5% of world’s income. We are 54% of all illiterate of the world who are living in this country. Where 50 million Indians are seeking employment. In 1950 Indians ranks 16th in the list of exporting counties of the world. Now it ranks 43rd . In 1950, India had 2.2% of export of world market today its share stand to 45%. Population of Hong-Kong is 0.7% and its land area is 0.03% of India and yet it has almost three times the trade of India. India has less than half of are percent of worlds tourist traffic. It is significant to mention here that north has only a quarter of world’s population and it has 70% of wealth and 80% of trade. It has 90% of Industry, 99% of finest and most advanced countries of learning and technology. The total weight of their milk which is surplus is a million ten while the butter is 1.5 million tens. There is 20 million tons of surplus feed. It is interesting that our corruption prevents the benefit of aid from trackling down the poor, Aid goes into the private pockets and as such has stopped all such assistance, which they virtually find as surplus in their countries. A different set of considerations arise when politician ask another country to do finance the corruption in their own State. Mankind has a habit of serving the worst catastrophes created by its own error or by violent turn of nature. There is any meaning of life in its existence without self organising chance if man is intended to survive. A half conscious leader must come out of his present chaotic life for ideal human unity and un-accomplished gospel and its preservation will only provide a chance for our success. There is no doubt that a race weary of its own bloodshed and divisiveness will ultimately give its way to a system, which offers the only chance for survival of the species. Conquest of India says nothing of any natural superiority on the part of British’s and Mughal conquerors, but it is due to lack of character and discipline of Indians, who are subjected by exploiting the divisions and language from its invaders. Spain could not be able to conquer Dutch province with their petty population and the same is with Switzerland and Greeks in old time. Israel and Vietnam are the recent example. India on the other hand was conquered by an Army consisting of its own citizens and the remaining 1/5 part on the average of the invaders. Thus India can hardly be said to had been conquered at all by invaders. She was rather conquered herself. The truth is that there is no India in political and scarcely in any other sense. It is a geographical expression invaders subjugated and abrogated the resources of the country by its own weakness and succeeded in their policy of “Divide and Rule”. Which our politicians have borrowed in succession. Alexander invaded the country and defeated kind porus with the help of the Indian Rules. Since the time of rise of Mahmood Ghaznavi a steady storm of invasion has paved in India, because the tie of nationality was broken and patriotism has situation to their benefit by appeasement policy for traitors and alien to nation. The sacrifice and benevolent achievements by the patriots are subjected to humiliation with politicians, which ever the invaders were not doing with such impunity as they were having their character. Churchill has rightly expressed on eve of independence of our country, that we are committing a folly by giving the power in those hands, who do not know how to live, History will not forget us after the down of 45 years of independence in India as everything will be taxed except air and water, but unfortunately how ever the water and open air is taxed, which Churchill was counting in abundance in India. The diplomacy of British rulers is responsible for partition of India in 1947. They want to see the India continent divided into several political unit in order to Balinese the country. The wanted to keep the great nation internally weak and divided as part of their glival strategy and international power game. On 28th February, 1947 the Prime Minister of England made the following announcement:- “His Majesty Government, wish to make it clear that it is their definite intention to take necessary steps to effect the transference of power to responsible India hands by a date not later than June,1948”. On 3rd June,1947 the actual plan proposal for the British’s prepared partition of India. Since under Government of India Act 1935 the British’s have provided separate electorate and communal representation to the Muslims, they took the under advantage in the High pitch of communal frenzy. Elections to the central legislative Assembly was held first. The Results of Election to the Central Legislative Assembly were known towards the end of December 1945. The Congress won overwhelming success in the general constituencies while Muslim League won all Muslim Seats. The nationalist Muslims mostly forfeited their deposits in many constituencies. Congress secured 91.3% of the votes cast in Non-Mohammed an constituencies and the Muslim league get 86.6% of the total votes cast in Mohammadan constituencies. The final figures were: Congress…….57 Muslim League….. 30 Independents…..5 Akali Sikhs….2 & Europeans….. 8 Total elected seats- 102. Elections to the provincial Legislatures followed shortly. The results in the different provinces may be summed up as follows:- SINDH the Muslim League won 27 seats and one independent member jointed it after the elections. The Congress won 21 seats but was jointed by 7 members belonging to two other groups and by one independent labour members. Although the Congress coalition commanded a majority of one over the Muslim League. The leader of the League was asked to a form a Ministry by the Governor. II, N.W.F.P.: The Congress won 30 seats (including 19 Muslim seats) while the Muslim league got only 16. Dr. Khan Sahib formed Congress Ministry. III, Punjab :- Out of 175 seats, the results of the elections were as follows:- 1. Muslim League-75 Congress-51Akali Sikhs-22 2. Unionsits-20 3. Indepenents-7 There were some changes after the election. Congress and Akhil Sikhs formed a working alliance and failed. Eventually a coalition was formed between Congress, Akhil Sikhs and unionists, under Mr. Khizar Hyat Khan who formed the Ministry. BENGAL:- Our of 250 seats, the Muslim League won only 113 seats and the Congress get 87 seats. Mr. H.S.Shuhrawardy, the leader of the Muslim League negotiated with the Congress for a coalition, but being unsuccessful , formed a League Ministry with the support of independent members.
Posted on: Wed, 25 Sep 2013 03:32:07 +0000
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