CA Lalit Munoyat

1. Is Reserve Bank of India a Temporary Bank ?

2. Do you need to have an aircraft pilot licence for flying a Kite?

3. Unmarried Legal Father ?

4. FIR against a Parrot for insulting the modesty of a woman !

5. Suicide is Legal but Attempts Are Not

6. Adultery : A Crime Which Only A Male Can Commit

7. Service of Notice: By Post or by Beating the Drums

8. Penny Wise , Pound Foolish

9. Sorry Prisoners: You are not entitled to wear Khadi Gandhi Topi

Any Idea ? No Idea ? Get Idea ! Read On…………………..

Mahatma Gandhi’s views had played a role when the framers of the Constitution drafted Article 47: “The state shall endeavour to bring about prohibition except for medicinal purposes”. But loss in revenue and the rise of the black market made it untenable and that is why even the proposed GST Regime did not touch it and kept it to be taxed by States.

A team of Legal experts appointed by the then Law Minister Shri Ram Jethmalani, reported that some 1,200 laws had become redundant and needed to be repealed. But when the report was passed on to bureaucrats, they came up with a startling suggestion: “Sir, only 12 laws need to be scrapped”. “That’s because every law contains some power for some bureaucrat. They did not want 1,200 powers to be taken away.”

“It is due to a very serious change of circumstances in a country’s culture, economic needs or political dispensation that some laws need to be amended,” says jurist KTS Tulsi. “We are trying to run a judicial system in a supersonic age with bullock cart technology.”

“What we need is a bit of spring-cleaning,” points out Sorabjee. As per the report of the National Law Commission here is a sample list of laws, strange and sublime, to be repealed to help the nation get started:

1) PILOT’S LICENSE FOR FLYING A KITE, you need to have a licence for flying an aircraft because as per the definition of aircraft as provided under the Indian Aircraft Act, 1934 an aircraft includes “Kites”

Sec 2 (1) “aircraft” means any machine which can derive support in the atmosphere from reactions of the air, a[other than reactions of the air against the earth’s surface] and includes balloons, whether fixed or free, airships, Kites, gliders and flying machines.

So NaMo and Salman be careful on next Kite Festival 14th Jan 2016

2) DECAYED TEETH : For qualifying as an Assistant Motor Vehicle Inspector in A.P. Transport Subordinate Service you need to brush your teeth regularly twice a day to prevent decaying of teeth because if you have decayed teeth then you are disqualified from the above job because as per the Andhra Pradesh Public Service Commission: Hyderabad notification No . 21/2012 , Dated 29th December 2012 the following conditions of health are considered as disqualification for the above job:-

“Colour Blindness, Squint or any morbid conditions of the eyes or lids of either eye, knock knees, Pigeon Chest, Flat Foot, varicose veins, Hammer toes, fractured limbs and Decayed teeth.”

Question: What would be the legal position if teeth are decayed after appointment say 4 years in the service ? Will he be shunted out of Job ?

Suggestion : Go for Close Up for Pearl Drops, See the Whiteness and Feel the Shine. Good opportunity for Dentists and tooth paste manufacturers.

3) SERVICE OF NOTICE: FORGET SPEED POST ! BEAT THE DRUMS.

Residents of Delhi Beware: CM Arvind Kejriwal may call you any moment to beat drums on the streets if locusts (Tiddies) invade the city. If you disobey you will be fined Rs 50 or put behind bars for 10 days. Why ? because as per the East Punjab Agricultural Pests, Diseases and Noxious Weeds Act,1949 (extended to National Capital Territory of Delhi)

Section 1(2) in the event of any area being invaded, or in danger of an invasion , by locusts, any male person not below the age of 14 years resident in the district may be called upon to render all possible assistance in carrying out preventive or remedial measures and in the destruction of locusts :

Provided as follows :— (ii) it shall not be necessary to notify every person individually for his services, and a proclamation by beat of drum or other customary mode in the village or locality shall be deemed sufficient notice to all affected persons residing in that village or locality.

(3) Any person who fails to render the assistance required of him under sub-section (2) shall, on conviction be punishable with fine which may extend to fifty rupees or in default to simple imprisonment for a period not exceeding ten days, and the offence shall be tried summarily as provided in section 260 of the Code of Criminal Procedure, 1898.

Comment: Namoji, we saw you Beating the Drums to the perfection in Japan. Opportunity for a new social service.

4) ALL HOTELS TO PROVIDE FREE DRINKING WATER.

The Sarais Act, 1867 The Act enjoined upon a keeper of Sarai or an inn to keep a certain quality of water fit for consumption by “persons and use of it by the animals” to the satisfaction of the District magistrate or his nominees.

The Sarais Act 1867 required Sarais (lodges) to provide free drinking water for persons and for animals too and toilet facilities to the public. The Act is used to harass hotel owners, as indicated by recent news reports. For instance, a hotel in Delhi was harassed because it did not offer free drinking water to passers-by, as required under the Sarais Act.

Further People visiting Gateway of India wanted to use the toilet of the nearby five-star hotel. When the hotel raised objections, a PIL was filed and the hotel finally had to build a public toilet outside. But even that clashed with laws related to coastal areas. (independent verification required).

Failure for maintaining the standard entailed a liability of rupees twenty.

Comment: Namoji had full knowledge of this law that is why he started the mission to build toilets and Swacth Bharat Abhiyan and to fund this movement he has proposed to levy a Swacth Bharat cess. (Believed to have been repealed)

5) KHADI GANDHI TOPI Mahatma Gandhi, when in prison in South Africa, was classified as a negro prisoner and was made to wear Topi resembling the Khadi Topi used by our Parliamentarians today. But prisoners in an Indian prison can’t wear a khadi Gandhi Topi.

Why ? Because if the prisoners are allowed to wear Khadi Gandhi Topi they would look like Parliamentarians and the prison would look like a parliament house. So what ? We have recently seen the monsoon session of parliament which was described by the Hon’ble President of India, in his 14th August 2015 address to the nation as being “ A place for combat and not for debate”. Any breach of privilege is sincerely apologized.

6) UNMARRIED FATHER: Under The Hindu Marriage Act, 1955 a marriage may be solemnized between any two Hindus only if the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage

Under Indian Majority Act, 1875 it is provided that every person domiciled in India shall be deemed to have attained his majority when he shall have completed his age of eighteen years and not before.

However under the Hindu Adoptions And Maintenance Act, 1956 Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption.

Therefore though one can’t marry if he is below the age of 21 years but he can become a Father by adopting a son or a daughter when he attains the age of majority i.e. 18 years. Any Question ? Tweet to the Ministry of Law & Justice

7) SUICIDE IS LEGAL BUT ATTEMPTS ARE NOT. Which is the law which punishes a crime if it is not committed and leaves the accused if he is successful in committing the crime. Section 309 in The Indian Penal Code —Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year or with fine, or with both. Thus Suicide is legal but attempts are not. So if you succeed, you die. And if you fail, you are arrested. However the present government is considering an amendment to it because a suicide-failure is a highly disappointed person and to punish him for attempt to suicide would further increase his level of dissatisfaction. What is needed is counseling and not punishment. Never Say Die.

Comment: Whether Santhara in Jain religion is an attempt to commit suicide or an act to proceed to Haven ? Check the recent Rajasthan High Court Judgment.

8) RBI A TEMPORARY BANK One of the largest central bank of the world namely The Reserve Bank of India constituted by the Reserve Bank Of India Act, 1934 [Act No. 2 of 1934] [6th March 1934] is only a Temporary Bank even after a working of 81 years. Take a good look at the Preamble of the Act:

“Whereas it is expedient to constitute a Reserve Bank for India to regulate the issue of Bank notes and the keeping of reserves with a view to securing monetary stability in India and generally to operate the currency and credit system of the country to its advantage;

And whereas in the present disorganization of the monetary systems of the world it is not possible to determine what will be suitable as a permanent basis for the Indian monetary system;

But whereas it is expedient to make temporary provision on the basis of the existing monetary system, and to leave the question of the monetary standard best suited to India to be considered when the international monetary position has become sufficiently clear and stable to make it possible to frame permanent measures; It is hereby enacted as follows”

Finance Minister Shri Arun Jately please answer when the international monetary position would become sufficiently clear and stable to make it possible to frame permanent measures for RBI ?.

9) PAYMENT IN COINS

As per the Reserve Bank of India FAQ I. Coins

Coins in India are presently being issued in denominations of 50 paise, one rupee, two rupees, five rupees and ten rupees. Coins up to 50 paise are called ‘small coins’ and coins of Rupee one and above are called ‘Rupee Coins’.

Coins in the denomination of 1 paise, 2 paise, 3 paise, 5 paise, 10 paise, 20 paise and 25 paise have been withdrawn from circulation with effect from June 30, 2011 and are, therefore, no more legal tender. Then why do we draw cheque in odd paise when the same can’t be paid in terms of coin.

How is it possible to make a payment of Rs. 950.12 when coins of 1 paise and 2 paise are no more legal tender.

Suggestion: Frame a law to Round up all the financial transactions to the nearest multiple of Rs. 1. Save the cost in “Small Coins” and incur in “Rupee Coin”. Reminds me of a famous adage “ Penny Wise , Pound Foolish”

10) ADULTERY : A CRIME WHICH ONLY A MALE CAN COMMIT

Section-497- Adultery “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.”

An analysis of this definition provides following peculiar situations :

a. If a man engages into physical relationship with the wife of another man with the knowledge or connivance of that other man, then it does amount to adultery.

b. Physical relationship of a male with an unmarried woman or a divorcee or a widow is Not an adultery.

c. Women cannot file a case of adultery against their husbands under this section, even if he is having an extramarital affair with a married woman. On the other hand, the husband of an adulterer wife can not only file a case of adultery against his wife’s lover and bring him to justice, under this section, but can also file for a divorce from his wife, on the ground of adultery, if the charges brought under this section, are proved.

d. Last but not the least, the section does not even provide any provision which enables the court to hear the woman against whom the husband brings charges of having indulged in an extramarital affair. However, fortunately, in this case, the courts have already agreed that there is nothing in the section that prevents the concerned woman from being heard at the trial, if she makes an application to the court to that effect.

11. GOVERNMENT MONOPOLY ON COURIER SERVICES Private courier services are technically illegal. Only the government has the right to courier letters. These restrictions are provided by the provisions of Indian Post Office Act, 1898

Exclusive privilege of conveying letters reserved to the Government.-

(1) Wherever within India posts or postal communications are established by the Central Government, the Central Government shall have the exclusive privilege of conveying by post, from one place to another, all letters and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, dispatching and delivering all letters,

Provided that nothing in this section shall authorize any person to make a collection of letters excepted as aforesaid for the purpose of sending them otherwise than by post.

(2) For the purposes of this Section and Section-5, the expression “letters” includes Postcards.

The above means that the courier community can get away with it, though, by calling letters ‘documents’.

12. FIR LODGED AGAINST PARROT FOR HURLING OBSCENITIES AT WOMAN ! Zee News August 18, 2015

A parrot in Chandrapur, Maharashtra, was detained by police on after an old woman filed a complaint against it for making obscene remarks at her.

Janabai, who is in her 80s, filed the complaint with the police in Rajura city of Chandrapur District, saying the parrot had been tutored by its owner to shower abuses at her whenever she passed by his house.

“I am being harassed for the last two years. On seeing me, the parrot uses bad language and foul words. That is why I have complained thrice in the last two years. Police called me, Suresh and the parrot to the police station. Police should investigate and seize the parrot,” said Janabai.

The police had called the agitated woman, her son and the parrot to the police station to verify the complaint.

However, the police said the parrot did not utter a word when his cage was brought near Janabai at the police station. As there is no law to imprison a parrot, the police officials later handed it over to the forest department officials.

Just imagine what could have happened at the Police Station:

1. Description of the Accused

a. Name of the parrot : Hariyal

b. Color : Green

c. Beak Color : Red

d. Wings : 2

e. Identification Mark : Red strip around neck –by Birth

f. Charges :Indian Penal Code

1) Section 160 : Punishment for committing affray i.e. Disturbing the Peace

2) Sec 120B. Punishment of criminal conspiracy

3) Sec 109. Punishment for abetment of crime

4) Sec 509. Punishment for use of Word,gesture or act intended to insult the modesty of a woman

2. Abuses used by Hariyal : Nakti, Archana, Vidhi, Nangi, Kali, Kaluti, Budhiya, Janabai Kali

3. Time of abusing : Every time she passes by her cage

4. Police Station : Chandrapur, Maharashtra

5. Interrogation : During interrogation the police provoked Hariyal to use those abusive words, but seeing the Khakhi the parrot smelt a rat and chose to remain silent throughout the interrogation. Not finding any alternative, the police brought the woman face to face with the parrot but the parrot again kept its cool and kept utter silence. Frustrated, the police took his cage near children and the parrot started speaking Mittu- Mittu.

6. Custody : The police was in a very embarrassing position not being able to decide whether to produce the parrot before the Court and ask for police remand or send it to the judicial custody.

7. As there is no law to imprison a parrot, the police acquitted the parrot of all charges and released it with due honor. Later it was handed over to the forest department officials.

Watch the story on the following link:

http://zeenews.india.com/news/videos/top-stories/fir-lodged-against-parrot-for-hurling-obscenities-at-woman_1649223.html

The above write-up has been compiled from the information available in the public domain. Copyrights, wherever applicable, are protected. By this article the Author and the Publisher don’t endeavour to undermine the supremacy of the Parliament and the same is fully respected. Any breach of privilege is totally unintentional and is sincerely apologized. In the Parrot Story additives have been added based on the conversation displayed on a TV news channel.

Compiled by: CA LALIT MUNOYAT, B.Com.(Hons.), CS,FCA, DISA, @ munoyat@gmail.com # 98201 93508

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0 responses to “It happens only in India”

  1. Manish says:

    Wow. You should be in the Parliament.

  2. Arun says:

    Thought provoking article…good…

  3. K gangadhararao says:

    Hats of to u sir

  4. Mohan Thulasingam says:

    A very interesting, informative and thought-provoking article. Thanks for presenting the facts in a readable format. Pl do share your thoughts regularly. This paradox situation is aplenty in indian systems. Take for instance, the case of Dearness allowance. This allowance is for compensating the rise in prices, but when the employer pays, government levies income tax on it. Thus defeating the very object of DA.

  5. MANOJ GOYAL says:

    Great article…………Enjoyed a lot…!!

  6. Varaprasad Daitha says:

    Another item. The CVC – the central vigilance mechanism – prescribes time bound limits for actions under vigilance to all the Chief Vigilance Officers, Inquiry Officers, Presenting Officers, Custodian of Documents etc. It also stipulates the periodical reviews of all pending proceedings. But in practice none of them – 100% – will not observe this system. More over they argue that the State should not suffer for the lapses of the machinery. But the charged officers may wait and bear.

    If Supreme Court orders that Charge Sheets issued without proper sanction, the Vigilance Officers re-issue charge sheets by setting right the omissions even after 7 years.

  7. Bhagwan Chandnani says:

    If you want a job of Excise Inspector you must compulsorily know CYCLING. This was introduced by British for ease of access through narrow paths in tea gardens in Assam, but the rule continues even after 69 years. If you don’t know cycling you will not get the job as Excise Inspector.

  8. Roshni says:

    Dear Sir,

    enjoyed reading your article. Thank you for sharing.

  9. CA Vaibhav Vakharia says:

    Awesome article Sir !

    Really impressed by your analysis….

    But I believe no country is perfect…. It needs to be made perfect….

    Anyways, hats off to you !!!

    – Vaibhav

  10. CS Jaymeen Patel says:

    Fantastic write up……………

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