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VOLUME 2 ISSUE-3

A Leap Towards Stars

NOVEMBER 2007

big adda.com

Cover Story
Social Networking Websites

Guest Column
Governace and Right to Information

Letter from the Editor
COVER STORY =Social Networking Sites - A Survey =The Good, The Bad &The Ugly GUEST COLUMN =Good Governance and Right to Information STORY =An old Lady and A Peepal Tree
Our team is at (es-prit de corps) after overwhelming response from our readers. We received your appreciations, opinions and suggestions, and as a responsible journal we will try our best to maintain the rich ingredients of the magazine. It's not surprising that social-networking Web sites such as Orkut.com, Facebook.com and MySpace.com are all the craze among today's youth — but those same hardpartying young people might be only aware of the good part of such sites. In this issue we have researched and surveyed on such sites and tried our best to explore and bring out the bad and the ugly side. There are lots of homeless, marginalised people living in our society like living in “hell”!As they have been in this town from last four decades but still they are not considered as a part of it. A ‘Mushar’ community has been forcibly displaced from a place where they have been living for hundred years, by a local goon with the help of local police. From this issue we will present a series of essays on these homeless people. “Information is Power”, so acquaint and empower yourself. It is our right to know everything about government activities. Since 1947, this is first time citizens of India have got a Right that can be used as a weapon in taking out information from the government. Therefore, it is essential for us to know how to use such weapon. As certain weaknesses already being surfaced in the last issue, we have tried our best to improve ourselves and minimise the shortcomings. Happy Reading Folks!!!

=Tkk,Wa

rks tk,W a dgkWa

THE REAL HERO

=lqnfe;k nsoh

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The heading of the magazine is excellent.Vocabulary is good and easy to understand language is simple yet flourished. Description is eye catching. Articles in the magazine are informative. I really appreciate the concern of the students towards the suffering of the people. How they are passing through agony. Pictures given in the magazine should be more clear. Jagdish Sahni’s work was courageous. He should be nationally awarded. I extend hearty thanks to Samar Magazine for the wonderful work. Samar has brought all of us from the darkness to the light.

Previous Issue

Informative and evidence-based. Grass root effort. Kudos to the writer for the effort, enthusiasm and foresight for this article Best wishes to Samar!

Manizah

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ck<+ dh foHkh"kdk dks uk dSejs esa dSn fd;k tk ldrk gS vkSj uk 'kCnks esa O;Dr fd;k tk ldrk gS A ck<+ D;k gS vkSj bldk vkuk ;k gksuk D;k gS ] ;s oks gha crk ldrsa gSa tks Hkw[ks & I;kls ikuh esa vius cgrs vkf'k;kus dks nwljs txg ys tkus dh ukdke dksf'k'k djrs jgrsa gSa A ;k fQj oks crk ldrsa gSa tks ljdkjh lkgsc gS ¼!½ D;ksafd mUgha dk fn;k gqvk vkadM+k gj txg Nirk gS] ppkZ dk fo"k; curk gS !!! cdokl ---------dgus dh t:jr ugha exj dHkh & dHkh vdsyh vkokt izsj.kk cu tkrh gS A ^lej* dk ^;ax tsujs'ku* ds ^vuvos;j ekabM* ds fo:} ^lej* ljkguh; gS vkSj eq>s iwjh mEehn gS ;g vkokt izsj.kk cudj gha ne ysxh A

Mrs Ragini
Faculty member LN Mishra Institute, Patna Nice to see someone coming up with such relevant issues regarding our state “BIHAR”. The issues which otherwise go unnoticed. Keep up the good effort!

Anugya Sudan
What really impressed me was the topic covered in this issue. A youth magazine generally starts with hot topics which attracts everyone but Samar chose the different route. Great job!! looking forward for the next edition of Samar.

Manawwer

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Kindly mail your feedback on the prescribed address: Mailing address: Samar, Abdin House, Fraser Road, Patna - 1 E-mail: Samar_themagazine@yahoo.co.in Visit us at: www.mysamar.blogspot.com

COVER STORY

Social Networking Sites
-A Survey

ZAHEEB AJMAL This month Samar conducted a survey on Social Networking. We questioned students from various schools and locality of Patna. We selected the students of 15-21 age groups, as we all know these teenagers are more computer savvy than any other age group. We collected some interesting facts which we want to share with you. This survey was conducted by Zaheeb Ajmal andAdil.

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he first question was that “Have you heard the name of Orkut, Youtube, Facebook or any other social networking site?” We got the response as expected, only 20% have not heard about these sites, rest of the 80% were very familiar to these sites. It means that computer and internet is rapidly influencing the lives of people. An important point which is mentionable that many answers which were reported in NO was from the female students in majority. The second questions which was placed in front of these students that “How often do you visit these networking sites?” The answer was unexpected because out of every 10 person 6 of them visit these sites 3 times a week. We can draw inference from this data that how people are getting more and more attached day by day with the computer and its fascinating world of worldwide web. Notably one of the responders told us that he visits social networks sites 50 times a week (whopping!!). The next question asked was “How many friends do you have in your profile?” Out of every 10 students approached, 5 were having friends over 15. Some answers to these questions were interesting as a student reveals that he visits social networking sites 50 times a week and he is having just 4 friends in his profile. The next question asked was that “Whether your friends on social networking are more open/political/social than those among your

Have you heard about Orkut, Youtube, Facebook or any other social networking sites?

No 20% Yes 80%

Whether your friend on social networking sites are more liberal, political or social than those among your circle?

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friend circle?” 50% of the students think that there friends are not more open/political/social. But 25% do think that they are more open/political/social. (Rest of them can't say). This result means people on social networks try to be as they are. They don't superimpose their new character over real character. So one can determine other's character on these networks. The next question asked was that “Whether visiting these sites affects your personality badly, if yes then how?” The answer to this questions was straightforward as 50 % of them said no it doesn't affects their personality but 25% who thought yes their personality gets bad effects said they get more addicted towards drugs and negative thinking. (Rest can't say) We can draw an inference from it that people whose life is influenced by these sites are creating danger for their own lives which can consequently result in death. The next question asked was that “Whether it enhances your intelligence, if yes then how?” the response was good as 50% of them thought that it is a channel through which we talk to other types of people and know about different types of people who has new idea and thinking. 25% of them think that it in no way enhances our intelligence. (Rest can't say). We can have an inference from it that majority of the students are thinking that it is a channel for knowledge sharing. The other question put up by Samar was that “Do you face any kind of character assassination?” 50% of them said that they do not face any kind of character assassination. 25% of them thought yes they face but were unable to explain how, i.e, there are person who plays a negative part in social networks instead of real life or reel life. The 8th question asked was “Do you think people on these networks are more open than of general locality or society?” The responses to this question were mixed as not expected. 43% said yes they are more liberal as 57% thought that they are not liberal. We can say that majority

Can't say 25%

Yes 25%

No 50%

Whether visiting these sites affects your personality badily, if yes then how

Whether it enhances your intellegence, if yes then, how

Do you face any kind of character assassination?

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of the public thinks that the people on social networking sites are more open . The next question was a corollary to the previous one “If yes whether they are more liberal than required?” The response to this question was good as 66% think no they are not more liberal than required whereas 33% think yes they are more liberal than required. That means majority of the students think that they are as they are. The question 10th asked to the students was that “Whether you feel it is a channel to vent out your hidden emotions or thinking?” 50% of the person thinks that no it should not be that we should maintain privacy. Whereas 40% of them think yes it is a channel to express emotions. (Rest can't say). It suggests that although there are people who want to maintain privacy and be personal but there are persons who want to chat about their personal life to a person whom they don't know. The next question was in accordance with the 10th one “If yes do you think it is fair to express something on these network which you do not say generally among your circle?” The response which we got was a good one as 70% said it is fair to express whereas 30% said no it is not fair. The last question asked was “Do you think social networking is crossing the barriers of social decency? If yes, how? If no, how?” 50% of the persons thought - yes social network is crossing the barriers of social decency and their reasons were decent as one of them said it reveals our privacy it makes it public nothing remains private. It is a place where murder plan are also decided as it happened in the case of Adnan .And 38% said no it is not crossing decency limit for it is a place where we interact with our near and dear ones rest 12% said that they are not sure whether there is breach in decency limit regarding these networking sites.

Do you think people on these networks are more open than general society?

If yes whether they are more liberal than more required?

Whether you feel it is a channel to vent out your hidden emotions or

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If yes do you think it is fair to express Do you think social networking is crossing something on these which you do not say the barriers of social decency ? If yes, then

Conclusion:
We all know that Orkut, facebook, and other social networking website are helping people to find their lost friends around the globe. But it seems that the general mass(specially teenagers) use these networks to channelise their depressed desires to larger and global community comprising of people of various interest and faculties. Although all the users are comfortable with their respective communities but they feel that some time it becomes difficult to maintain the decency parameter because it is

very easy to cross those lines since there is no accountability check. Propensity towards social networking sites in female respondents found to be low. Although women are more compatible in socialising themselves in their vicinity but perhaps due to less mobility and lesser accessibility to technology and internet their answers are more negative comparing to their male counterparts. If this survey would have been conducted in metropolitans then perhaps more females have answered in YES than NO and then their percentage would have gone higher.

“ Catching them Young”
Percentage of Orkut users on the basis of age (Courtesy - Orkut)

The graphics shown above clearly depicts that most number of users of these sites belong to 18-25 it means more the young more the fascination. The statistics show that 18-25 group captures 61% of total users and rest of them add to 39%. Clearly, the bottomline is that these sites come in the domain of school and college going youths.

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The Good The Bad & The Ugly

FAROGHE AZZAM
Social networking sites are very popular among youths. This year Orkut has been awarded as MTV youth icon for the year 2007. Though it does not contain nicotine or any other supplement but it is an addiction. Though it was formed with an objective to socialise but it has more darker side that is untold. This article throws some light on the good, the bad and the ugly of such sites.

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COVER STORY

our neighbour is a bullshit and you wanna kill him? You wanna be rich? You need power? You wanna be loved? Sex or BDSM, pin-up ******? Destroy all your ****** enemies? One of seven capital sins? Nobody on Orkut is your friend? Tell me what you want and sign for your soul. I am your best friend...Your wish: ...Your name: ... [Inferno Customer Relationship Management] Our jingle is "Ready to serve our customers!" ” says a community named 'Ask the Devil' having over 7,000 members owned by Daniele Medri on Orkut. Search 'Happy slapping' on YouTube and you can find numbers of videos that encourage violence and bullying amongst teenagers, who were filming fights on their mobile phones. These two are just a few of the instances that openly accost and encourage violence on social networking sites. This is a simple observation of the exhausting social and human values wherein a public platform is being misused

to serve vested interests by a particular section of the society operating numbers of communities and videos related to hatred, sex, devil and so on. The concept of social networking websites emerged in 1995. The first social networking website was Classmates.com. Other sites followed, including Freindster, MySpace, Facebook, Orkut, Hi5, and so on. Gradually the social networking sites became very popular among teens. The concept of online social networking came forth by west, emerged in USA and outspread the whole world. As per the demographic data available on net portal, USA has the largest number of users of such websites. However the users in India have increased massively. Orkut was born in 2004 and was introduced in India in February 2006. India is the third largest user of Orkut preceded by Brazil and USA at the second spot. The massive numbers of children as its user, it is a tough job for their guardian to prevent their children from using such sites. “I Hate Myself And Want To Die...” says a community which has around 1,300 members. Another community named 'I HATE PAKISTAN WHAT ABOUT U ?' says 'Doodh mangoge to kheer denge!

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Par kasmir mangoge to cheer dege!!' in reply a community was started by a Pakistani user whose community 'I HATE INDIA AND WHAT ABOUT U?' says ' INDIA SUCKS!!!!!!!! THIS IS THE PAKISTANI ANSWER TO THE COMMUNITY 'I HATE PAKISTAN AND WHAT ABOUT U' JUST TO LET THE LEVEL HEADED INDIANS KNOW WE DID'NT DRAW THE FIRST BLOOD....'. there are over 2000 members in such communities. These are mere few examples of hatred on Orkut. Due to easy accessibility and various hate groups Orkut is facing controversies. Several hate communities focused on racism, Nazism, and white supremacy has been deleted due to guideline violation. However the number of these communities and profiles has not stopped growing because they can be very easily created and it is hard for Orkut to check them. Anti-religion, anti-national, and antiethnic hate groups have also been spotted. According to Wikipedia Encyclopedia “In 2005, various cases of racism were denounced to police and reported in the Brazilian media. In 2006, a judicial measure was opened by the Brazil federal justice denouncing a 20-yearold student accused of racism against Black people and spreading defamatory content on Orkut. Brazilian Federal Justice subpoenaed Google on March 2006 to explain the crimes that had occurred in Orkut.” Same message is passed by an online video sharing site named Youtube.com. Violent videos are frequently uploaded by the users like happy slapping, fighting girls and so on. Most of the videos are captured by the mobile camera. However some users use flash and assemble the photos to upload it. Both you tube and Orkut is owned by Google and on its 3H@ birthday Orkut was redesigned, from then users of Orkut can share their video. Orkut and many social networking sites are now available in BETAversion. “hey this is hot Indian….single and ready to mingle…the real sex guru and know the real

definition fun...i am open for phone sex…so girls don't think too much jus message me to get my personal no.” says the profile of hunk4u on Hi5. “I m d 1 u were looking for. Ready to do anything if u make me feel like a ****!!! I like it hot n wild n I love to be abused. I love to do all kinky things...n I love to be touched in public. So wat r u waiting for???? Come n get me. I m all urs” reads the profile of a user, Anamika Shinde on Orkut. The social networking websites are often misused by the users. As the number of online networking users increased, there was a rise in the number of fake and clone profiles. Several users want to satisfy their unfulfilled wants through net. There are more than 1000 communities related to sex. Presently these social networking sites have open online sexual transactions which have diverse effect on the psyche of the vulnerable lot. Several users are advertising them through the gay, lesbian and bisexual communities. They offer services for sexual pleasure at amounts ranging from 2 to 5,000. What they need is contact number; they exchange numbers through private messages. Beside, bare images and uncouth language the evil has clutched communities of schools in trying to lure young students into its trap. “I was shocked to know that somebody has created a fake profile of mine that has bare picture, my real contact number and my real address. I don't use that number anymore” says a young student of Notre DameAcademy in Patna. The fever of social networking is spreading like an epidemic disease. The child can be infected anytime anywhere where net is

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available. Nevertheless these social networking sites are blocked in many Islamic countries. As they say, this is due to national security issues, as users have the ability to spread wrong messages rapidly, but the government says ethical laws of Islam do not allow any person to date and match making. However, in UAE this block was later removed in October 2006. Thailand and Brazil are another two countries to block these sites. Brazil blocked only YouTube. The issue raised in Brazil when a Brazilian model and MTV VJ Daniela Cicarelli was captured by a freelance photographer while making love with her boyfriend and later the video was uploaded on YouTube. She sued YouTube and the court gave judgment in her favour and ordered YouTube to be blocked in Brazil until all copies of the video are removed. Many schools, institutions, offices and public libraries in the United States, United Kingdom and Australia have restricted access to these sites because it has become such a haven for student vicious gossip and malicious comments. This step was subsequently followed by the institutions in India, Pakistan, Turkey and many more. I asked a student of Engineering about from where he accesses these sites very often, he replied in a felicitous manner “I don't need to go cafe to access Orkut, and I pay 65,000 every year to the institute, so I use the system of my institute”. However, the sites like Orkut are banned in that institution but students some how manage to unblock the sites. “Though, these sites are meant to stay in touch through messages, scraps, and shouts as mailing have become boring and long. But

it is very unfortunate and despicable to see that people use it for pervert purposes. At the initial stage you get enthusiastic but after certain time you start ignoring your friends. I was seriously addicted to Orkut, I left it because of over communication” says a student of Western International university, Rasshad Khan. This is one case and very few people like Rasshad has an ability of selfrealization. “i wanna die ... please help me!!!! hello evry1.... i want 2 commit suicide... please giv me the most difficult way to commit a suicide... i wnt matter if it is difficult.. coz i want to die...” says a user with a profile name waiting for life. “The most difficult way to commit suicide is 'to live a long life'... Go for it... At last, you will die by old age...” replies Amrit in the same thread in the community called Suicide, which has almost 6,000 members, which had 274 members in February 2007. There are several other communities related to suicide. These communities encourage people to commit suicide and the members discuss about the alternative methods of committing suicide. In the last few months many new social networking websites can be spotted. Reliance has introduced its networking site and named it Bigadda.com (a place to hang out with friends). Another social networking site named Myindospace.com is gaining its popularity in India because of its unique facility that no social website provides and that camera to camera chat. Myindospace claims itself as India's largest and fastest growing social networking sites. The punch line of the particular site says 'the world is not enough', I wonder if they will open such sites for extra terrestrial species in near future.

You can read this article online at :
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ORKUT is the Pepsi-MTV Youth Icon 2007!

The youth of India have voted 'ORKUT' - the biggest youth social networking forum, as the undisputed winner of the Pepsi & MTV Youth Icon 2007. VJ Nikhil, who was rooting for ORKUT this year says, “Orkut has not only been a mode of communication to the youth but has literally given them the power to expand their horizons! The award is definitely well deserved, validating Orkut's immense popularity.” Courtsey- MTV

Victims of Orkut
Kaushambi of Jharkhand was murdered in Andheri hotel by the guy she met on orkut. Young Adnan, who was kidnapped and then murdered by his friends, was a frequent Orkut visitor and met them on the site.

Evidence of Tripping point

Myspace

From the above table it is very clear that the popularity of such sites is increasing day by day. Facebook and MySpace are more popular in west. The growth rate of Myspace is highest and Facebook is at second place. The graphs shown above clearly depict the massive addition of users. In just one year the number of users has increased worldwide. This is just a start and expected to increase more. Banning such sites by the government will serve no real purpose as it is the human tendency to explore ways. It is impossible for the sites owner to keep an eagle watch on such sites. Such sites are very easily accessible. This may emerge as a serious challenge for the government, guardians, and institutions to prevent individuals, children and students from accessing or misusing such sites.

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Guest Coloumn

Good Governance and Right to Information
Prabhakar Sinha
colonial bureaucracy. Expectedly, the administrative machinery treated the new rulers as masters and the people as subjects as in the past. As it is, equality of man which is the very foundation of a democratic system had been traditionally antithetical to the Indian mindset, which had been rejecting it for centuries under its caste system. A new chasm was created by Macaulay's system of education with its avowed goal for creating' a class of persons Indian in blood and colour, but English in tastes, in opinions, in morals and in intellect. An educated Indian did not identify himself with the uneducated common man as he does not do so even today further hindering the growth of democratic spirit. Cosmetic changes like calling government servants Public servants were made without any effort to bring about suitable changes in their mentality and role .The real and discernible change introduced by the new rulers has been to make the bureaucracy subservient to themselves for using them to serve their own narrow interest rather the interest of society .Public servants have been reduced to the status of personal servants of the men in power owing allegiance to their political masters rather then the constitution. A number of administrative reform commissions were created, but not one of them was set up to study the problems a common man faces when he interacts with the bureaucracy at any level. There are anti corruption laws and agencies to catch the culprits, but there has been no effort to curtail the discretionary power of the public servants by making them uncountable so that there potential to extortion is made minimal if not completely eliminated. The net result is that the anti-corruption laws are absolutely ineffective,

Mr. Prabhakar Sinha is a celebrated Human Rights activist based i n Muzaffarpur, Bihar. He has been fighting for Human Rights and Civil liberties. Currently he is national vice president of PUCL.

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here is no unanimity on the definition of good governance which makes the phrase meaningless in so far as it is open to multiple interpretations. It cannot have the same contemptuous of the despotic rulers of India and were proud of the 'rule of law' they claimed to have introduced in the country though no colonial government can survive and achieve its goal of exploitation without oppressing the people. Even the popular view admire some Arab countries of controlling crime by harsh and inhuman measures like chopping of hands for theft and public execution for some grave offences. Several Islamic countries follow the 'Sharia', which contains measures which are cruel and inhuman, but are not perceived as such by their peoples, and enjoy wide popular support. Thus, the question what is good governance remains without a satisfactory answer. Good Governance in a democratic system entails, among other things, equality in treatment of citizen's rights, equal respect for their dignity, rule of law and accountability of the government ad its agencies to the governed. Even fifty years after the adoption of a democratic constitution, it is still a distant dream with little sign of its becoming a reality in the near future. This development is not accidental, but is a reflection of the attitude of the people who came to power after independence. Most of them were genuinely committed to India's freedom and were ready to make sacrifices for their cherished goal, but had no commitment to a really democratic India. Catapulted to power, they were no more the underdog, and felt no need to change the oppressive system created by the British. Most of the oppressive laws like the Police Act, Indian Penal Code and Cr.P.C etc. were retained along with the old mindset and role of the

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while corruption at all levels is rampant and uncontrolled. The people of India, who have ever remained under some form of authoritarian rule, are still unable to perceive themselves as the tax payers who feed and clothe the public servants who exist to serve them, and continue to behold them as the representatives of the ruler. They dare not demand from a public servant even their most legitimate due as a matter of right because they lack the confidence in absence of rule of law. They do not feel they have a right they may assert. They are still a supplicant before public servant .The impregnable armour of secrecy and absence of accountability to the people make the bureaucracy invulnerable. Strangely, the right to information, which is the only effective means to empower the people and make the government and its agencies truly accountable to them, was given to their citizens very late in the western democracies. The law on the right to information was enacted in 1951 in Finland, 1970 in Denmark, 1970 in Norway, 1989 in Britain, in 1974 in the U.S.A, 1878 in France, 1973 in Austria, 1977 in Canada, 1978 in the Netherlands and 1978 in Australia. Initially, the demand for the right in most of those countries came from the press, which felt seriously handicapped in its absence. India has a different story. Here the demand for the right to information came not from the top but the bottom of the society. The poor, semi starved poor from village in Rajasthan, suspecting that the money meant for development and relief went to the pockets of public servants and contractors wanted an account which was denied. Under the auspices of Medora Kisan Shakti Sangathan, an NGO headed by Aruna Roy organized a series of public hearings in which the government functionaries concerned were invited to present the account. The people sang songs saying that they were not asking for gold or silver. They were not asking for a palace or delicacies (to eat); all that asked for was an account, and photocopies of the muster roll. The movement led to a law passed in 2001. Earlier, laws on the right to information were also passed in Tamil Nadu (1997), Goa and Delhi but those were

weak laws .It created a pressure which resulted in The Right to Freedom of Information bill was proposed by the NDA government, which was very weak. The movement for the right to information ultimately culminated in the enactment of the present Right to information Act, 2005. It is the most powerful law enacted to empower the people after independence. It has the potential, implemented honestly, to check corruption and make the government accountable to the people .Any citizen can ask for any information from any authority including the Prime Minister and the President whether he has any concern with it or not. No question of locus standi can be raised nor can be asked any question about his purpose. An applicant must only give his address for communication. The definition of public authority is sufficiently wide to include even the Army forces o the Supreme Court. Even private bodies receiving funds from the state have been brought within the ambit of the law and made answerable. The definition of information brings almost everything imaginable within its ambit. A citizen is empowered to inspect documents, take extracts or notes, asks for photocopies, floppies, maps, images or any other mode in which the information is kept. Public authorities must give detailed information about themselves to the people on their own facilitate request for information. Public information officers designated by the public authorities are mandated to help applicant and provide the information within thirty days for which a request has been made. If it is about the life or personal liberty of a person it must be provided within 48 hours. He must transfer the application to the Public Information Officer of the concerned Public authority if the information sought is not in his department. If he does not give the information within thirty days, it would be deemed that he has refused the request and he would be answerable, for it. An applicant can appeal to the Central or State Commission if his first appeal to the senior officer of the Public authority does not satisfy

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him. The Information Commission is empowered to impose a fine at the rate of Rs 250.00 per day for delay in giving information. The amount penalty may be as high as Rs 25000.00 only in case one. Officers found by the Commission to the Persistent in their violation of the law may be subjected to departmental action on the recommendation of the Commission. In any appeal, the onus to justify their decisions is on the Public Information Officers instead of on the applicant. To give teeth to the Commission, its recommendation has been made binding. The Commission is not to be appointed on the advice of council of Ministers but of a committee headed by the Prime Minister/Chief Minister which could have the leader of opposition or the leader of the largest party as a member. The second member would be a Cabinet Minister nominated by the P.M/C.M. Once appointed, the Information Commissioners cannot be removed unless on a reference made by the President/Governor the Supreme Court has found them guilty of proved misbehaviour. The governments are mandated to educate the people as well as the public servants about the law and make serious efforts for its implementation. To protect the interest of the nation, certain information has been exempted from this disclosure in the nation interest. Several an intelligent organizations has been exempted from its jurisdiction with a provision that information about violation of Human Rights and corruption would be given after the approval of the Information Commission. A notable feature in the Act is specific provision that in case of a conflict between The Official Secret Act, 1923 and this Act, the latter would prevail. Consideration the large dimension of the law, the exemption covers a very small area and would not affect its effective used by the common man. The Preamble of the Act to itself states that the right to information is necessary to 'promote transparency and accountability in the working of Public authority. It is further stated that 'democracy requires an informed citizenry and

transparency of information which is vital to its functioning and also mentions that information is required to contain corruption and to hold Government and their instrumentalities accountable to the governed. Having passed the law, the Government appears to have developed cold feet. Most of the Commissions in the country are headed by bureaucrats. Even where they are not headed by them, they have retired bureaucrats as members. Bureaucrats, as a class, are unsuitable for the job not for lack of integrity but having spent their whole life in the closed system, they are not likely to possess the mindset required for effective implementation of a law aimed at transparency. The officers of the Union Government refused to disclose the noting on the file claiming exemption without any basis. Though the Central Commission has over ruled their objection they continue to propagate this illegal view. The Union Cabinet went to the extent of deciding to amend the Act, but withdrew after a nationwide protest. Many public authorities losing their cases at the Information Commission have been knocking at the doors of the High Court. The Armed Forces and the Apex Court where reported to have approached the government to be exempted from the ambit of the Act. The Act is not welcomed to the public authorities regardless of its great potentiality to make India a real democracy. Information Commissions have been entrusted with the responsibility of ensuring an effective implementation of the Act. There can be no appeal against their judgment nor can any court entertain a case under this Act. The Commission is not merely a forum for appeal but is the sole authority to supervise the implementation of this law. If the Right to information act meets the same fate several well meaning laws have met, India would lose a great opportunity and would not have good governance for a long time.

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Tkk,Wa rks tk,W a dgkWa
fofur
bl LraHk esa ge iVuk 'kgj ds mu yksxksa dh lPph dFkk dk o.kZu dj jgs gSa ftuds ckjs esa laHkor% ikBdksa dks dksbZ tkudkjh ugha gS A ys[kd us Loa; buds lkFk jgdj n`'; ys[k rS;kj fd;k gS A vr% bu ys[kksa esa dqN 'kCn ikBdksa ds fy, uohu Hkh gks ldrs gSa A

j

kr ds 9-30 ct jgs gS] Qzstj jksM fLFkr ckVk 'kks :e ds lkeus okys QqVikFk ij dqN fjD'kk pkyd fnu Hkj dke djds Fkds &ekans ] [kkuk [kk & ih dj vkjke dj jgs gaS A ,d ikW fyFkhu ij ,d pknj fcNkdj lHkh vkt dh viuh dekbZ dh ckrsa dj jgs gSa A ij lHkh dks bl ckr dh fpark gS fd ckfj'k vxj blh rjg yxkrkj dqN fnu vkSj gksrh jgh rks mu yksxks dks Hkw[ks lksus dh ukScr vk tk,xh A ;gkW a budh la[;k ikW ap gS A buds uke gS lqjs'k th] xjcw egrks ] jke ,dcky frokjh ] v'kksd vkSj jktfd'kksj egrks A buyksxks es cgqr xgjh nksLrh gS vkSj ,d nwljs dh enn fd;k djrs jgrs gS bues ls lwjs'k th vkSj xjcw egrks lcls iqjkus gS A bu nksuks dh mez yxHkx 55&60 o"kZ ds chp dh gS A ;s nksuks iVuk esa yxHkx 30&35 o"kksZ ls fjD'kk pykrs vk jgs gS A jke bdcky frokjh rFkk v'kksd egrks dh mez 45 o"kZ rFkk jkt fd'kksj egrks dh mez 40 o"kZ gS A ;s nksuksa 20 o"kksZ ls iVuk esa fjD'kk pyk jgs gS A 'kq: es bUgs viuh leL;kvksa dks crkus ls cM+h fgpfdpkgV gqbZ ij ckn es dkQh [kqydj cksyus yxs A
14

xjcw egrks ds vuqlkj mudh lcls T;knk fpark ?kj dh gS A os brus o"kksZ ls iVuk es jg jgs gS ij viuk ?kj dgus dks QqVikFk gh gS A ,d yky dkzMZ cuk gS ij vkt rd ml ij vUu ugh feyk gS A HkkM+k ij 20 : izfrfnu ds fglkc ls fjD'kk pykrs gSa A dekbZ dHkh 70 : rks dHkh & dHkh 100 : Hkh gks tkrh gS A ftles ls 40 & 50 : Hkkstu djus es gh [kpZ gks tkrk gS A xjcw egrks ds ikl xkW ao es dqN tehu gS ftlij nwljs yksxks dk dCtk gS A budk nks csVk gS tks etnwjh djrk gS A vius Hkkstu ds ckjs es crk;k fd ^^geyksx [kkuk QqVikFk ij [kkrs gS A cgqr eu gqvk rks ekal & Hkkr [kk ysrs gS A Qy & Qwy rks geyksxksa ds fy, liuk ds leku gh gS ** xjcw vius LokLF; dks ysdj T;knk fpafrr ugh jgrs gSA dgrs gS ^^ feyk tqykdj Bhd gh jgrs gS ** ] ^^iRuh bykt ds vHkko es ej xbZ ** xjcw egrks us crk;k fd ^^ muds 9 cPps Fsk ftues 7 dh e`R;q chekjh ls gks xbZ A ljdkjh vLirky es esjs cPpksa dks ns[kus okyk dksbZ ugh Fkk A ** iqfyl ds ckjs es xjcw us crk;k fd ^^geyksx jkr es fjD'kk

pykrs gh ugh gS rks ijs'kkuh D;ksa gksxh \ ** xjcw us jSu &clsjk ds ckjs es crk;k fd ^^;gkW a ds jSu clsjk es rks ncaxks dk dCtk gS ] yskx jgus ugha nsrk gS ] ihus dk ikuh Hkh ugh gksrk gS A geyksx b/kj fdlh nqdku ls ikuh dh O;OkLFkk dj ysrs gS A 'kkSpky; ds fy, lqyHk 'kkSpky; tkrs gS ] vkSj Luku ds fy, dHkh xaxk unh rks dgha fdlh pkikdy ij ugk ysrs gS A ** jke bdcky frokjh ] lqjs'k th tksfd tUetkr fodykax Hkh gS ] jktfd'kksj egrks vkSj bu lHkh es lcls ;qok v'kksd th us Hkh jgus dh leL;k dks gh lcls T;knk izkFkfedrk fn;k A jke bdcky frokjh us dgk fd ^^bl cjlkr esa jkr cSBdj gh dkVuk iM+rk gS A ** jkt fd'kksj th dgrs gS fd ^^QqVikFk lksus dh txg gS D;k \ xkM+h &?kksM+k dk Mj ges'kk cuk jgrk gS A** v'kksd th us jgus ds vHkko ds dkj.k viuh 'kknh vHkh rd ugh fd;k gS ! buyksxks dh viuh LokLF; leL;k dks ysdj ,d tSlh gh jk; gS A lqjs'k th vius ,d iSj ls fodykax gS dgrs gS ^^geyksx vui<+ gS fQj Hkh tks MkDVj dgk ogh fd;k ] eW agxh nokbZ Hkh [kjhns ysfdu fQj Hkh iRuh ej xbZ A ** v'kksd th Hkh vius iSj dh chekjh ds dkj.k T;knk dke ugh dj ikrs gS blfy; budh dekbZ Hkh de gS A crkrs gS ^^ ges'kk iSj esa ikuh gks tkrk gS tSls rSls dke djrs jgrs gS A ** jktfd'kksj egrks vkSj jke bdcky frokjh la;ksx ls LoLFk gS ij nksuks viuh &viuh iRuh ds chekjh ls vR;ar nq%[kh gS A bldk bykt os fuft vLirkyks es djok jgs gS A bu lHkh us ,d lkFk vlekftd rRoksa ls gksus okyh ijs'kkfu;ksa dks j[kk A jke bdcky frokjh us crk;k fd ^^yqPpk fdfle dk vkneh fjD'kk ij cSB tkrk gS vkSj iSlk ekaxus ij nks pkj gkFk ekj Hkh nsrk gS A ** xjcw egrks us dgk ^^gekjk nks fjD'kk pksjh gks x;k A ,d xkW /kh eSnku Fkkuk ds ikl ls rks nwljk dksrokyh Fkkuk ds ikl ls A dHkh dHkkj yqPPkk & yQaxks ls ikyk iM+ gh tkrk gS A ** lqjs'k th cksys
15

^^ge ikW ap cts ds ckn fjD'kk pykrs gh ugh gS A ** v'kksd th us crk;k fd ^^,d ckj mlls 300 : Nhu fy;k Fkk A ** ij jktfd'kksj vius dsk HkkX;'kkyh ekurk gS fd vHkh rd oks bl PkDdj esa ugh iM+k gS A iqfyl ds lanHkZ es jkt fd'kksj dgrk gS fd ^^jkr esa fjD'kk pykus ij dHkh idM+ dj 'kd ls iwNus yxrk gS fd D;k dj jgs gks ! fQj xanh & xanh xkfy;kW a nsrk gS rks dHkh gkFk Hkh mBk ysrk gS ekjus ds fy, ! ** v'kksd th us dgk fd ^^ dHkh &dHkh vnk dnk ijs'kku djrk gh gS ** jke bdcky] xjcw vkSj lqjs'k th us dgk fd ^^geyksx jkr es fjD'kk pykrs gh ugh gS rks geyksx dks D;ksa ijs'kkuh gksxh ** ljdkj }kjk bu lHkh yksxks ds fy, cuk, x, jSu clsjk ds laca/k es ,d gh tSlh jk; gS A vxj jSu clsjk geyksxksa dks feyk gh jgrk rks ge ;gkW a QqVikFk ij D;ks lksrs \ lqjs'kth crkrs gS fd ^^;gkW a jSu & clsjk dh O;oLFkk Bhd ugh gS A ikuh ds fy, nwljs ds pkikdy ij tkrs gS rks oks yskx MkW Vrk gSA** jke bdcky frokjh us dgk ^^ge yksx dks jSu clsjk feyk gh ugh A ** jkt fd'kksj th us dgk ^^ jSu clsjk ij ;kno yksxksa dk dCtk gS A os yksx bles [kVky [kksys gq, gS A v'kksd th us dgk ^^tks pkikdy lM+d ds fdukjs gS og [kjkc gS A ihus rd ds ikuh dk fnDdr gS A ** buyksxks dh ljdkj ls ,d vuqu; fourh gS fd geyksxksa ds fy, jgus dh O;oLFkk ftruh tYnh gks lds dj nh tk, rkfd dqN nsj pSu ls rsk lks lds A xjcw egrks dgrs gS fd ^^ ljdkj ,d fjD'kk dk Hkh bartke dj nsrs rks geyksx tSlks dk dkQh Hkyk gks tk,xk A ** lHkh dks vius cq<kis dh fpark gS A dgrs gS fd ^^tc 'kjhj Fkd tk,xk rks geyksx dk D;k gky gksxk A ** geyksx dks de ls de B.P.L. lwph es uke rsk Mky fn;k tk, A ¼vxys vad esa 'kgj ds ,d vkSj clsjs dk n`'; ½

lqnfe;k nsoh
vfu'k vadqj
yxHkx 150 o"kksZ ls i0 yksgkuhiwj eqlgjh es jg jgs iwjs leqnk; dks mtkM+ fn;k x;k A lqnfe;k nsoh ¼45½ mUgha tcju Hkxk, x, yksxks esa ,d efgyk gS A 5&6 ihf<+;ks ls jg jgs iVuk 'kgj ds ân; esa fLFkr bl eqgYys ls vpkud vk/kh jkr dks LFkkuh; jktiwr lkear iIiq flag us ekj &ihV dj bu yksxks dks Hkxk Mkyk A bl dke esa LFkkuh; iqfyl Hkh c<+ p<+ dj fgLLkk ys jgh Fkh A ogkWa ls Hkkxdj ;g iwjk leqnk; izfl}cq}ewfrZ ds pkjks vksj cl x;k gS A lq n fe;k ns o h ckdh eqlgjksa dh rqyuk esa FkksM+h â"V iq"V efgyk gS A psgjs ij mnklh ] ruko ,oa [kh> dk feyk &tqyk LFkk;h Hkko gS A ikl esa cSBh mudh iqrksgq ,d cPps dks nw/k fiyk jgh vkSj nwljs dks f[kyk jgh gS A bZV tksM+ dj pqYgs ij Hkkr cuk;k tk jgk gS A vkl ikl dqN eSys & dqpSys diM+s gS ] dqN cjru gS ftldk isank dkyk gks pqdk gS A ,d nks MCck ] ,d lqjkgh ] 2&3 frjiky vkSj dqN vU; t:jr dh phtsa gS A lqnfe;k nsoh lqcg dh pk; ,oa ikojksVh uqek xksy dqN [kkrh gqbZ fey tkrh gS A pk; okyk mUgs vius Xykl esa pk; ugh nsrk gS A lqnfe;k nsoh dsk viuk Xykl nsuk iM+rk gS A lqnfe;k nsoh dks 6 larku gS 3 yMdk ] 3 yM+dh A cM+s yM+ds dh 'kknh gks pqdh gS A mls Hkh 6 larku gS A nks csVh Hkh fookfgr gS A dqy feykdj 18
16

Pkkj o"kZ iwoZ 2003 esa ]

yksxksa dk dquck gS A lqnfe;k nsoh dk iwjk ifjokj tgkW & rgkWa ysVk gS A csVk viuh iRuh ds cxy esa ysVk gS A csVh cPpksa dh ns[kHkky o Hkkstu idkus es O;Lr gS A jkLrs pyus okyks ls cs[kcj ;s lHkh vius dke esa eXu gS A nks & pkj NksVs uUgsa uUgsa ] ihyk & xqykch eqxhZ ds cPps Qqndrs utj vkrs gS A lqnfe;k nsoh ds ifjokj ,oa vlkikl dk ekgkSy xanxh ls Hkjk gqvk] vLr O;Lr ,oa eu dks rdyhQ igqWapkus okyh xgjh mnklh dk vglkl nsrk gS A lqnfe;k nsoh vius dqucs ds chp FkksM+h l[r efgyk ekuh tkrh gS A gky esa laiUu gq, uxj fuxe pquko esa og [kM+h Hkh gqbZ Fkh A ftles reke leqnk; us c<+ p<+ dj fgLlk fy;k Fkk A lqcg ds pk; ikojksVh ds ckn og nksigj es 12 cts ds yxHkx Hkkstu djrh gSa ftles lkekU; nky] Hkkr ] lCth gksrh gS ] dHkh & dHkh pVuh ,oa pks[kk Hkh A jkr esa Hkh ;gh dze jgrk gS A iwjs ifjokj ¼18 yksxks ½ dk Hkkstu ,d lkFk curk gS A bZV ds pqYgs ,oa chu dj yk;s x, ydfM+;ksa lsa A ifjokj ds vf/kdka'k cPps uaxs ] [ksyrs dwnrs ,oaa dqiks"k.k ds f'kdkj utj vkrs gS A ioZ R;kSgkj es ekal] eNyh ] eqxkZ cu;k tkrk gS ] feBkbZ de bLrseky fd;k tkrk gS A ifjokj dh vkenuh dk L=ksr csVs ,oa ifr }kjk izfrfnu dek dj yk;h x;h etnwjh gS A dke ges'kk ugh feyrk gS A fdlh rjg [kkus ihus ,oa ftank jgus yk;d dekbZ gks ikrh gS A chekjh oxSjg dk bykt lwn ij mBk;s x, iSls ls gksrk gS A

lqnfe;k nsoh dk iwjk ifjokj chekj gS A gj fdlh dks dksbZ u dksbZ jksx gS A lnhZ &[kkalh ls ysdj Vh0ch0 rd A [kqn dks gM~Mh {k; jksx ls xzLr crkrh gS A ifr dks Hkh Vh-ch- gS A bykt ikl ds MkWDVj vf[kys'k flag ls py jgk gS A Mk0 lkgc lqnfe;k nsoh ls Qhl ugh ysrs A izfrnfu 20 :i;s dh nok lqnfe;k nsoh dsk [kkuh iM+rh gS A ,d o"kZ ls bykt py jgk gS A ifr dks Vh-ch- okyh [kkWalh gS A nqcys nsg okys mlds ifr crkrs gS ^^nk: ihus ds dkj.k ,slk gks x;k vc NksM+ fn, gS ** lqnfe;k noh ds ifjokj ds reke enZ nk: ihrs gS u flQZ ifjokj ds cfYd iwjs leqnk; ds A lqnfe;k nsoh dk ,d ukrh 2 o"kZ iwoZ xqtj x;kA mls dku es rdyhQ Fkh A os crkrh gS ^^ rhu cfjl ds gyb tc MsM dj xsybZ A m lky cM+h cjlk gksybZ gy] bykt m /kM+h u gks iybZ gy ** lqnfe;k nsoh ;s Hkh lwpuk nsrh gS fd 4 o"kZ iwoZ tc ls vius lkfFk;ksa ds lkFk iqjkus ?kj ls csn[ky gksuk iM+k gS ] gj o"kZ dqucs ds 7&8 yksx BaM esa xqtj tkrs gS A BaM o ckfj'k ls cpus ds fy, ikWyhFkhu dk bLrseky fd;k tkrk gS A ckfj'k okyh jkr vf/kdka'kr% tkxdj xqtkjuh iM+rh gS A lqnfe;k nsoh dk ifjokj 4 o"kZ ¼mtkM+s tkus ds ½ igys lqvj ikyrk Fkk A cgqr lqvj dqucs ds ckdh yksxks ds Fks A vc reke lqvj ;k rks ekj Mkys x, ;k nwljs eqlgjh ds yksxksa us pksjh dj fy;k A lqvj bu yksxks ds fy, vkthfodk dk vk/kkj Fkk - lqnfe;k nsoh dgrh gS ^^lqvj r geuh ds xk; & HkSal gyb- ,dxks lqvj ds cPpk ds 200&250 :i;k fey tk gy - cM+k gks,yk ij 1000 :i;k ys - ckdh lc ds nkslj txg ds Mkse lc pksjk ysydbZ A ** lqnfe;k dks iwjs ifjokj dk bykt vkl ikl ds futh Dyhfudksa es gksrk gS A ljdkjh vLirky es yksx fcYdqy tkrs gh ugh - ,slk D;ksa \lqnfe;k nsoh dgrh gS ^^ljdkjh vLirky es geuh lc ds iSjoh u gbZ mgka dksbZ ns[kHkky djs Okkyk u gbZ ! tsdjk 15 fnu ds ejsyk jg gy m 2&3 fnu es ejtk gbZ -** futh Dyhfudksa ds egWxs bykt ,oa chekjh dh otg ls lqnfe;k nsoh ds ifjokj ij yxHkx 25 gtkj :i;k dtZ gks pqdk gS - 10 Li;s lSadM+k dh nj ls lwn pqdkuk iM+rk gS - iwjk ifjokj ges'kk egktuksa ij fuHkZj jgrk gS A
17

bu lcds vykok iqfyl lqnfe;k nsoh ds ifjokj ,oa iwjs dqucs ds fy, ,d LFkk;h vkQr cuh jgrh gS - vHkh rhu & pkj eghus igys rd dh ,d /kVuk lqnfe;k nsoh crkrh gS ** iIiq flag iSlk nsds iqfyl ds Hkst gbZ - iqfyl vkds ds ekj &ihV gbZ - pqYgk QksM+ nso gbZ ] rfuxks & rfuxks cPpk ds iqryk es ykr ls ekj gbZ - ns[k ds jgy u tk gbZ dbZ ckj lqnfe;k nsoh ds usr`Ro esa iwjs dqucs us izfrdkj Hkh fd;k gS - vkl & ikl o eqgYys ds yksx bu eqlgjksa dks ysdj mnklhu gS U;k;ky; esa mtkM+s x, tehu dk ekeyk py jgk gS tehu ds fy, lqnfe;k nsoh iwjs dqucs ds lkFk eq[;ea=h uhrh'k dqekj ls Hkh fey pqdh gS - eq[;ea=h ftykf/kdkjh ds ikl Hkst nsrs gS - LkHkh U;k;ky; ds QSlys dk bartkj dj jgs gS - lqnfe;k nsoh ds vuqlkj tc tehu dk dkxt gekjs ikl gS rks QSlyk gekjs gd esa gksuk pkfg, - og dgrh gS ^^fy[kar ds vkxs cdar ds dHkh HkSyw gbZ ckdh tt ds iSlk f[k;k ds eqdnek vkxs c<oys tkbr gbZ - ** yxkrkj f[kaprs tehu ds ,d eqdnes dks ysdj lqnfe;k nsoh [kklh ijs'kku gS - Hkfo"; D;k gksxk \bls ysdj csgn vfuf'p; o vk'kadk ls f?kjs ljdkj D;k dj ldrh \ ^^ljdkj dk djrbZ vkt ys dqN dybZ gS ts djrbZ ** os dgrh gS - fQj os vkxs dgrh gS ^^lcls cM+k fnDdr rks jgs ds gb- vkneh dek [kk rks dblgqa ys gS - ?kj jgyk ls] ds ns[ks vko gb fd ikuh ih ds jgb fd Hkw[ks jg gh -** vius iqjkus oDr dks cM+s gh f'kn~nr ls lqnfe;k nsoh ;kn djrh gS- tc lc yksx ,d lkFk eqgYys esa jgrs Fks- gkykafd lkFk esa os ;g Hkh dgrh gS fd ^^eqgYyk ds yksx iIiq flag ds Mj ls dqN u cksy gbZ- ** iqfyl ds vkrad ] jkst c jkst ftank jgus ds fy, t:jh lk/ku tqVkus dh tn~nkstgn ] chekjh] egktu o U;k;ky; bu reke phtksa ls ,d lkFk tw>rs &tw>rs LoHkko esa FkksM+h vkdzedrk vk xbZ gS - ij 'kk;n ftu vekuoh; ifjfLFkfr;ksa esa lqnfe;k nsoh dks jguk iM+rk gS mlls la/k"kZ djus ds fy, ;g 'kk;n t:jh 'krZ gS -

tkfu, vius vf/kdkj
;fn Kku 'kfDr gS rks vKku nqcZyrk ,oa csclh A vaxzstks
us lh-vkj-ih-lh- ,d xqyke ns'k ds yksxksa ij 'kklu dh idM+ etcwr djus ds fy, cuk;h Fkh A fons'kh 'kkld dh utj es iztk ds thou vkSj O;fDrxr Loara=rk dh dksbZ vgfe;r ugha gksrh A blfy, mudks iqfyl dks fdlh Hkh lhek rd vf/kdkj nsus esa dksbZ fgpd ugh gksrh A ;gh dkj.k gS fd lh-vkj- ih-lh- dh /kkjk 41 esa iqfyl dks fcuk okjaV ds fxj¶rkj djus dk vf/kdkj gS A jftLVj esa vo'; ntZ gks A ¼x½ fxj¶rkjh ds le; eseks vkWQ vjsLV vfuok;Zr% cus ftl ij fxj¶rkj O;fDr ds ifjokj dk dksbZ O;fDr ;k bykds dk dksbZ tkuk ekuk O;fDr xokg gks ftldk eseks ij gLrk{kj gks A ¼?k½ fxj¶rkj O;fDr dk Hkh ml ij gLrk{kj gks A ¼M½ fxj¶rkjh dk le; rFkk rkjh[k ntZ gksuk vfuok;Z gS A ¼p½ fxj¶rkj O;fDr ds ifjokj dks ;k 'kqHkfpard dks fxj¶rkjh dh lwpuk vkSj fxj¶rkj O;fDr dgkWa gS ] bldh lwpuk nh tk, A ¼N½ fxj¶rkj O;fDr dks crk;k tk, fd mldks lwpuk Hkstokus dk vf/kdkj gS A ¼t½ tgkWa fxj¶rkj O;fDr dks j[kk x;k gS ogkWa mk;jh es fxj¶rkj O;fDr rFkk ftldks lwpuk nh xbZ gS mldk rFkk fgjklr es j[kus okys iqfyldehZ ds uke ntZ gksus pkfg;s A ¼>½ fxj¶rkj O;fDr dh gj 48 /kaVs ij MkDVjh tkWp gksuh pkfg;s A ¼¥½ fxj¶rkjh esa iwNrkN ds nkSjku fxj¶rkj O;fDr dks vius odhy ls feyus dk gd gksxk A ;|fi iwjs iwNrkN ds le; odhy dk jguk t:jh ugh gksxk A ¼V½ ftyk rFkk jkT; ds eq[; dk;kZy;ksa esa daVªksy dk izko/kku gksxk ftldh lwpukiV ij fxj¶rkj O;fDr dh lwpuk yxkbZ tk;sxh A fxj¶rkjh dh lwpuk daVªksy :e dks fxj¶rkjh ds 12 ?kaVs ds vanj nh tk;sxh A ¼2½ fxj¶rkjh ds le; fxj¶rkj O;fDr ds 'kjhj dks Nwus vkfn ij jksd ¼lh0 vkj0 ih0 lh0 /kkjk 46¼1½ & ;fn fxj¶rkj fd;k x;k O;fDr viuh fxj¶rkjh dks Lohdkj ysrk gS rks fxj¶rkj djus okyk O;fDr mlds 'kjhj dks gkFk ugha yxk;sxk A ¼3½ ¼d½ fxj¶rkj fd;s x;s O;fDr ij t:jr ls vf/kd
18

turkaf=d O;oLFkk dks viukus vkSj lafo/kku es thou vkSj O;fDrxr Lora=rk dk ekSfyd vf/kdkj nsus ds ckotwn iqfyl ds bl euekus vf/kdkj dks u lhfer fd;k x;k vkSj u blds nq:i;ksx ds fy;s mudks ftEesnkj Bgjkus dh O;oLFkk dh x;h A urhtk gS fd yk[kksa yksx fcuk t:jr tsyksa es can gksrs gS A fxj¶rkjh dk Hk; fn[kkdj iqfyl yksxks ls iSls olwyrh gS ] gktr es NksVs NksVs vijk/k djus okyksa dks ekjrh fiVrh gS vkSj dqN dh gR;k rd dj nsrh gS A ,slh fLFkrh es vke yksxksa ds fy, cprk gS tkudkjh] vnkyr ds dqN mnkj fu.kZ; vkSj dkuwu ds dqN izko/kku tks vfLrRo es rsk gS ij O;ogkj es ugh A ge bl dkWye ls ikBdksa dks muds vf/kdkj ls ifjp; djk,axs A ,slk ge ekurs gS fd ekuokf/kdkjksa dh tkudkjh lekt dh muds izfr laosnuk izkIr vf/kdkjksa dh lqj{kk rFkk vf/kdkj {ks= dk foLrkj gh leL;k dk ,d ek= funku gS A ge bl ckj ^^fxj¶rkjh ** ds laca/k esa vius vf/kdkj dks tkuasxs A fxj¶rkjh & fxj¶rkjh ds laca/k esa mPpre U;k;ky; dk foLr`r vkns'k ¼Mh-ds- clq cuke if'peh caxky ljdkj ¼1997½ 1 ,l- lh- lh- 416½ ¼d½ fxj¶rkj djus okys vf/kdkjh dk uke rFkk in dh iÍh Li"V fn[kkbZ ns A ¼[k½ iwNrkN djus okys iqfyl vf/dkjh dk C;kksjk

(restraint) cafn'k ij jksd ¼lh0 vkj0 ih0 lh0 /kkjk 49¼1½ & fxj¶rkj fd;s O;fDr ij t:jr ls vf/kd cafn'k ugha j[kh tk ldrh A ml ij mruh gh cafn'k j[kh tk ldrh gS ftruk mldks Hkkxus ls jksdus ds fy, vko';d gks A ¼[k½ gFkdM+h & loksZPp U;k;ky; us flVhtsu QkWj Mseksdzslh cuke LVsV vkWQ vklke ¼1995½ ( Citizens for Democracy Vs State of Assam (1995) 3 SCC 743 ) esa gFkdM+h ds ckjs esa fuEufyf[kr fn'kk funsZ'k fn;s & bl ns'k ds fdlh Hkh dkjkxkj es can ltk;k¶rk ;k xSj ltk;k¶rk ¼fopkjk/khu½ canh dks ,d tsy ls nwljs tsy vFkok tsy ls vnkyr ,oa vnkyr ls okil tsy ys tkus ds dze esa gFkdM+h vFkok nwljs ca/ku esa ugh ckWa/kk tk;sxk A vxj fdlh iqfyl vf/kdkjh dks ,slk yxrk gS fd dksbZ dSnh tsy ls vFkok dSn (Custody) ls Hkkx ldrk gS rc og mls lacaf/kr naMkf/kdkjh ds le{k izLrqr djsxk A naMkf/kdkjh fojy ekeyksa esa tgkWa dSnh }kjk iwoZ esa fgald izo`fr iznf'kZr djuk] dSn ls Hkkxus dh dksf'k'k djuk vFkok mldk bruk [krjukd gksuk fd mls Hkkxus ls jksdus dk nwljk dksbZ O;kogkfjd rjhdk miyC/k u gksuk] dk fuf'pr izek.k ekStwn gks] gFkdM+h yxkus dh btktr ns ldrk gS A nwljs lHkh ekeyksa esa iqfyl fdlh fxj¶rkj O;fDr dks gFkdM+h ugha yxk;sxh ftls U;kf;d@xSj U;kf;d fjekaM es ysus dk vkns'k fdlh naMkf/kdkjh }kjk fn;k x;k gks ,oa gFkdM+h yxkus dk vkns'k ds le; iqfyl }kjk ugh fy;k x;k gks A tc iqfyl fdlh naMkf/kdkjh }kjk okjaV ds vk/kkj ij fdlh O;fDr dks fxj¶rkj djrh gS rc Hkh fxj¶rkj O;fDr dks gFkdM+h ugh yxk;k tk;sxk vxj naMkf/kdkjh }kjk okjaV fuxZr djus ds le; gFkdM+h yxkus dk vkns'k ugha fn;k x;k gks A tc iqfyl fdlh O;fDr dks cxSj okjaV fxj¶rkj djrh gS rc mijksDr funsZ'kkuqlkj gh fxj¶rkj O;fDr ds iwoZ vkpj.k ¼fgalkRed O;ogkj vFkok @,oa dSn ls Hkkxus dh dksf'k'k½ ds vk/kkj ij iw.kZ larqf"V djus ds mijkar iqfyl mls U;kf;d naMkf/kdkjh ds le{k izLrqr djus rd gFkdM+h yxk ldrh gs A ysfdu mlds ckn gFkdM+h@ca/ku yxkus ds fy, naMkf/kdkjh dk vkns'k izkIr djuk vfuok;Z gksxk A
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¼4½ fxj¶rkjh ds le; fxj¶rkj O;fDr dks fxj¶rkjh dk dkj.k cukus dh vfuok;Zrk ¼lafo/kku dk vuqPNsn 22 (i) rFkk lh0 vkj0 ih0 lh0 /kkjk 50 ½ % fodze cuke LVsV vkWQ caxky] 1975 lh0 vkj0 vkbZ0 ,y0 ts0 1249 ½ Vikram V State of West Bengal, 1975, Cri L.J. 1249 ¼5½ fxj¶rkj O;fDr dks 24 ?kaVs ds vanj eftLVsªV ds lkeus gkftj djuk vfuok;Z gS A ¼lafo/kku vuqPNsn 22(i) ,oa lh0 vkj0 ih0 lh0 /kkjk 47 ½ ,slk ugha djus ij dSn (Detention) xSjdkuwuh gS A Kultej Singh V Circle Inspector 1992, J1173 Karnatak, 9 Majoj V State of M.P. (1999) 3 SCC 175 ¼6½ eftLVsªV ds }kjk U;kf;d fgjklr esa Hkstus ds vkns'k ij fxj¶rkj O;fDr ds gLrk{kj dk izko/kku ¼ lh0 vkj0 ih0 lh0 /kkjk 167½ % /kkjk 2(ii b) ds rgr tc rd fxj¶rkj O;fDr dks eftLVsªV ds le{k gkftj ugha fd;k tk, og mlds fgjklr dk vkns'k ugha ns ldrk A ;fn fxj¶rkj O;fDr dks eftLVªsV ds le{k gkftj ugh fd;k tk, og mlds fgjklr dk vkns'k ugha ns ldrk A ;fn fxj¶rkj O;fDr dks eftLVsªV ds le{k gkftj djus ds iz'u ij dskbZ fookn gks rks eftLVsªV ds vkns'k ij fxj¶rkj O;fDr ds gLrk{kj ls gh bldk fuiVkjk gksxk A UkksV %& ¼d½ O;ogkj esa eftLVªsV ds lkeus fxj¶rkj O;fDr 'kk;n gh dHkh gkftj fd;s tkrs gSa A bl iz'u dks ysdj dne mBkus dh t:jr gSA blls iqfyl ds }kjk ekjihV dh ?kVuk ij jksd yxsxh A ¼[k½ ,d vU; egRoiw.kZ iz'u mBkus dh t:jr gS A D;k /kkjk 167 ds rgr eftLVsªV ,d jcj LVkEi gS ] tks gj fxj¶rkj O;fDr dks U;kf;d fgjklr esa Hsts ;k mldks ekeys ij lskp fopkj dj foosdiw.kZ fu.kZ; nsuk gS \eftLVªsV dHkh Hkh vius foosd dk mi;ksx ugha djrs vkSj fcuk fxj¶rkj O;fDr ls feys ;k fxj¶rkjh ds dkj.kksa ij fopkj fd;s fxj¶rkj O;fDr dks U;kf;d fgjklr esa Hkst nsrs gSa A izLrqfr % ftrsu nkl ¼gekjs vf/kdkj ] izHkkdj flagk] 2004 ls lkHkkj½

Story

An old Lady and A Peepal Tree
mind." I added further. "Where did you live in Begusarai?” "We lived in Begusarai near Stadium. The name of the colony was Pokharia." I told. " Yes I know Pokharia…. where in Pokharia ?" He interrogated. "It was rented house, I don't know whose house was that I only remember that these was a doctor in our neighbourhood - a child specialist one. Mr. Haq, we called him. We often a visited him. He was a close companion of my father. He was loving and caring. Sometime he would serve a full bowl of Kheer to me & my younger brother or half dozen of milk biscuits on any other occasion." “Yes, Yes! He is still there." He was delighted to know that I know somebody whom he knew very well. "Another gentleman whom we would visit was Mr. Abid Vakil. His son lived in Malaysia." "Aa ha!" He exclaimed. "His son is still in Malaysia. Now Vakil Sahab has built a beautiful palatial home." He added. Slowly & slowly I told him about many significant things of the locality where we lived 20 years ago. On every account, he gave his original comments and made me amazed. Then I remembered something. I put stress on my mind and recalled the face of a very old & very poor woman. I asked him, "Do you know that there lived an old lady under a big peepal tree. That peepal tree was beside the wall of official residence of a high ranked officer." In reply, he only nodded his head in affirmation. Perhaps he was recalling something; at least his mysterious smile suggested so. "She had lost both her hands and legs", I continued, "For locomotion she used a wooden sledge having four ball bearings (virtually they were broken parts of any kind of vehicle). She had no teeth, she did not utter any word her eyes would say everything. She had remarkably appealing appearance. You could not forget such a beggar once you saw her. "Yes it is." He added "When she died? I guess she must have died” "She died perhaps in 1997 or '98. She was 85 or 90 yrs

Milind

I

got no difficulty in finding my seat in the bus. Thankfully, bus was not a video coach. If it had been, it would have ripped through my mind and texture. I sat comfortably, looking outside the window. Just then, a fat, cumbersome man came and sat beside me. He was creating troubles for him self. He would put his legs in proper place then his belly would bulge out, he would settle upper part of his body then his legs would have scarcity of space. I was smiling under my lips. He looked at me. He smile too as he was saying it is all in the game. He was fat and heavily built but he had a face of baby. When he would laugh profusely, his eyes would sink deeply and eyebrows would hug each other. He asked me to start the play "where are you going? " I am going to Hajipur" . I told him without hesitation. " Hajipur ? I too am going to Hajipur". In reply, I smiled only. He then asked me home ? " " Patna". Readymade answer was there in my bag. " Mine is Begusarai", the word Begusarai echoed in my mind. I tried to identify his tone of voice modulation. Really, he was a native of Begusarai. I could say that with confidence because I love that tone speaking colloquial Hindi stretching of the " where is your

vowels for the convenience of listeners that the words have more weight than expected. Soon I came to know he was borne and brought up in Begusarai. He had a proud prudence of Mithila -- the ancient, country. "I too lived in Begusarai some 20 years ago." I revealed the secret upon him. To my astonishment, he tried to jump over his seat but failed miserably because of his physical structure. "I was only 5 years old when our family left that town. Only incoherent memories are left there in my cultural and geographical part of our

20

old, perhaps more than that. And you will stand on your feet when you learn that the budhiya (old lady) had got Rs. 5 lakh in her possession at the time of her death." He said. "Where did she live? Where were his children?" I asked like a child. "Until she did not die we thought she had no offspring. However, the day she died some men came from outside the city and claimed that they were here children. All other days, a man called Iqbal cared for that lady. He was a driver of an officer. He lived just next to that people tree. He knew that old woman was a rich person. Every evening he would carry her to his home. We all knew that he was milking the cow. But nobody was interested in that lady. Nobody wanted to know how she eats, how she drinks, how she sleeps and how she does all her daily works because all of these works were just impossible for her perhaps Iqbal knew it." "Then?" I inquired "Then…then she died. The news spread like a wild fire in all the nearby localities. She was a permanent part of the vicinity. Even old people did not know when she sat first under that peepal tree……………" "It means everybody come to have a look." I interrupted 'Yes' he continued, "everybody who could visit the place easily came and saw the corpse. Iqbal and other people of locality wanted to give a graceful end to her last part of life. They bought a clean and sheer white piece of cloth to make coffin. Some incense sticks were put beside her. Even the round verandah under people tree was washed and cleaned." He stopped for a while. I was visibly in laughing mood. I had a comment.

"Did budhiya become a revered lady or devi like thing?” He thought for few seconds and said. "It was going to happen. Some young men came and said that we would take out a full-fledged funeral procession of the lady. Some people opposed the motion. After great debates, it was decided that a procession would be carried by hundred odd young and old men and it would pass through each single street of the locality with lots of flowers. All the people agreed over it. The procession took off. It roamed here and there. Everybody would should in choir Ram Naam Satay hai." I was laughing profusely. He also joined me. "Then…... I asked. " Then … suddenly her children arrived from no man's land. It took almost six hours of fierce fighting, barking and growling among men & women to prove and to be convinced that those people were hier apparent. Until then budhiya's corpse was kept on ice. I don't remember who brought ice. Perhaps Iqbal did. After that, the so called relatives of budhiya took her body with themselves. They disappeared in the dark night. She was cremated in late night. It was the final end of that famous old lady. We wore a piece of silence on our faces for almost half a minute. Then I broke the silence “Who took the money, the sum of Rs. 5 lakh? “I don't know." He said, "perhaps Iqbal or perhaps her children, there is no proof. Even there was no proof that there was such a big amount of money." " Hummm…………." I hummed . The bus reached Hajipur. Both of us got down and went in different directions perhaps with an ember of hope to meet again.After all, a story is a story.

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In the NEWS
MASS MEETING ON FLOOD SOLUTION
TEJI ISHA

Khagaria: An organisation Local Govt & Decentralized Economy Social Group, called up a mass meeting in Khagaria district. The meeting was organised with an objective to seek for a permanent solution of flood in Bihar. Around 10 thousand of the people gathered for the meeting. However, the number of people is less as compared to the previous year where around one lakh people attended for the meeting. The idea behind organising this mass meeting was “social ownership”. In this meeting the affected people joined and worked out the solution of their problems without taking any help from the indifferent and unjust government The idea emerged in the meeting was that society should take initiative to establish its own

education system, economy systems development system with social accountability under its own supervision. Under the leadership of Vivekananda, Madhuri Sewa Nyas trust tried to establish self sustained social model of social governance and society owned education, economic and health system. T w e n t y o n e technical-professional and vocational training institutes are being established. This Nyas has also established 33bed nursing college through social ownership. But this year, meeting seemed not to be up to the mark. Even, most of the people participating in meeting were not aware about the goal. It puts the question mark somewhere over their huge claim. Meeting seemed to be more political than social.

DETERMINED SATYAGARAH
About 30 thousand landless farmers, tribal and displaced people of 18 states marched from Gwalior to Delhi on Gandhi Jayanti. It was different from today’s unnecessary political rallies. There were no sensational speeches, no entertainment for the determined Satyagrahis. Everyone was aware about his goal, so the determination level among them remained very high. It was the rare feature of this march. They put questions in front of Prime Minister of India what he was providing them from this 9 % growth rate in economy. Do they have no right over their own lands, jungles and rivers? Effect of this protest march was that Prime Minister compelled to take steps and to form Land Reform Committee under his own presidentship.

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AL-KHAIR CHARITABLE TRUST
“CALLING YOUTHS FOR SOCIAL CHANGE”

Al-khair is an organization working with a missionary zeal to build an equitable society where everybody has equal opportunity to make his/her life dignified and beautiful. It is working on:•Linkage between differing economic strata of the society • Poor biased policies • Model of co-operatives •Area specific intervention • Micro finance as a tool of economic empowerment Al-khair believes that youth having broad visions bright and big dreams are asset for the society. Al-khair invites and inspires such youth who want to associate themselves with movement of social change. Let us share our skills and dreams with the mission of empowering the poor to come out of their destitution and deprivation and spread these noble notions among larger sections of the society.

AL-KHAIR CHARITABLE TRUST HAROON NAGAR SECTOR-II PHULWARI SHARIF PATNA-801505 (BIHAR) TELEPHONE-0612-2252404

SAMAR
Abdin House Fraser Road Patna Pin code - 800001 Phone: 09304782763 Phone: 09955238836 E-mail: samar_themagazine@yahoo.co.in

Flowers
By Yamna Fatima Soft as furs, bright as stars, How beautiful are those flowers! Swinging on twigs they merrily dance, Capture all cares just at a glance, Blushed with joys, beaming with please Gathering around butterflies and bees, No worry for them, no gloom they know The more you look the more they glow, Blooming with love of Heaven and all Leave their traces even when fall,

www.mysamar. blogspot.com

Pierces in soul their lovely smell Such beautiful sight cast a magic spell, Thinking of them when I am alone Is worthier for me then kingdom and throne, Their incredible sight will please me for hours How beautiful are those lovely flowers!!!

Sunset in the Island of Pearls
Captured by: Madeeha, who is a student of Grade 9