Morality,Law Sub silentio?

Whether it is the question of law or custom:-Law Sub silentio?

In this era of awareness development and 3^rd faze of globalization, also we have many untouched fields which are yet left abounded without any question due to beliefs of some sects of society in this so called civilized peoples world. Is it necessary for a normal human being to show two dilemmatic personalities one of kind, good, civilized and well behaved and the other of cruel, barbaric, dishonest and greedy?  Laws are some rules, regulations, guidelines issued by some sovereign authority for human and societal conduct and peace keeping, is it really so? Here at this point I am bound to rethink and collect my ideas about a phrase of law people which is “for every law there is an exception” is it same for every custom prevailing in the society of course with no doubt one can say no.

What happens at a point where there is no Law to decide a particular case on the circumstances were law mind has never being through. A similar opportunity was with the High Court of Himachal Pradesh were in a cases it ruled that the slaughtering of animals for religious sacrifices is barbaric. In Hindus it is a custom of old times to often sacrifice animals for pleasing God and Goddesses it is wrong including me many people across the globe consider it as a dark custom still prevailing in the different sect of society due to their immortal faith on the religious practice. This decision of High Court was an effective and efficient use of the power of Judicial Discretion and thus is an effective foot step in the path of Judicial Activism.

Yet there are many more questions which are yet to be answered which have come up now drastically rising the conflicts of secular customs and practices in the society.Eid-ul-Juha commonly known as bakr-Eid is a well-established custom of Muslim Community were many innocent life of beautiful creatures of God known as animals are sacrificed for the purpose of celebration of Eid. Now the question is whether the Court has given its decision through the interpretation of existing Laws or Statues or it was a discretionary decision on the basis of morality and public policy. Justice Markandey Katju explain the same gave a devastating comment on one of the social networking site which says:-

“The Himachal Pradesh High Court has in a judgment banned slaughter of animals in temples to appease gods and goddesses. Was this done on the basis of some statute, or has the High Court created law?
Law making is ordinarily the job of the legislature ( not the judiciary ), and judges should not ordinarily encroach into the legislative or executive domain, as held by the Supreme Court in Divisional Manager, Aravalli Golf Course vs. Chander Haas, 2007”

If the honorable Justice Markandey Katju is right with his thoughts then what about the slaughtering of animals for the purpose of food every non –vegetarian is directly or indirectly responsible for the death caused to an animal for the purpose of food. When we cannot give life to an animal who are we to take the life of an innocent animal who has done nothing wrong for us. He has taken birth in between a brutal society of civilized human beings was that his fault or he is an animal that was his fault? Many of us would neglect the cause explaining it to be a part of food chain and a constant need for maintenance of equilibrium of motherly earth, but it is nothing just a pictorial interpretation of the facts in the way this civilized society want for their selves.

The High Court judgment has refused to recognize "animal sacrifice" to be an essential practice under scripturally established "religious purposes" of Hindu religion. It has termed the practice as "barbaric" and outdated. Thus the exception carved out under Prevention of Cruelty against Animals Act favoring slaughter for "religious purposes" has been rendered inapplicable to Hindus, but was this all about morals and public policy.

The same instance was brought to notice when the Delhi High Court banned E-rickhas in the roads of Delhi were they found that there was no legislation to govern the regulations and working of E-rickhas Is it the legislature who will decide the case, still there are Judicial institutions which will decide the fate of this optimistic society when there is no legislature just sitting idle and counting the vote banks and playing with the word secular and differentiating the society and harming the peace of society.

Law made by legislature are for Vote Bank Politics at least by way of such Verdicts Social Legislation's comes up for the betterment of society as a whole. No law allows slaughtering of the animals in the name of religion. You can’t expect Almighty God to be happy over the barbaric act of Slaughtering his own Children (animals i.e. be it any species) in order to please him and if someone argues that certain religious practice involves such a horrendous act than it’s a mere hogwash.When it can be about the religious barbarism why not Slaughtering animals for food or as it is done in Muslims community on the eve of Eid isn’t that should also be banned.

 We can be sure about the things whether wrong or right in the society. Well settled principle in the subjects of science deals with all the dilemmas in two approaches which could be followed here:-

•   Application of reasons
•  Experiment.

 By applying reason we can understand that the appearance of the sun going around the earth could be because the earth is rotating on its axis.
By experiment, we can know the falsehood of water in the mirage, because when we approach it disappears, and does not quench our thirst.

We presently accept the duality of things, i.e. waves can be regarded as particles (the Quantum Theory of Max Planck) and particles can be regarded as waves (the Quantum Mechanics of De Broglie, Heisenberg, Schrodinger, etc.) because that is what was found by experiment[1]

“Laws are for humans need and betterment don’t not for harming the living creatures”

This article was the outcome of a video which I saw at: - http://www.meatfreeindia.com/WCB.php

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[1] Retrieved from http://justicekatju.blogspot.in/ on Indian Philosophy.

7 Day Course Quiz Report

Chapter 1 Introduction Completed
Quiz Question 1	RTI is closely aligned with the `Fundamental Right` in the `Constitution of India` of
Your Answer	B. Right to Freedom (of Speech and Expression)`
Correct Answer	B. Right to Freedom (of Speech and Expression)`
Reason	Correct
Quiz Question 2	The fact is that even before the `Freedom of Information Act, 2002` was passed by the Parliament,
Your Answer	A. No State had its own legislation on RTI
Correct Answer	C. Some States had their own legislations on RTI
Reason	Incorrect. The correct answer is c. - Some States had their own legislations on RTI
Quiz Question 3	The first State to introduce the a law on RTI was
Your Answer	A. Tamil Nadu
Correct Answer	A. Tamil Nadu
Reason	Correct
Quiz Question 4	Which organisation is known to have taken up the first grassroots initiative for people`s RTI?
Your Answer	C. Mazdoor Kisan Shakti Sanghatan` (MKSS)
Correct Answer	C. Mazdoor Kisan Shakti Sanghatan` (MKSS)
Reason	Correct
Chapter 2 Preamble and Defination Completed
Quiz Question 5	Is the `RTI Act, 2005` applicable to the Union Territories?
Your Answer	B. Yes, but subject to the approval of the respective Union Territory Administrations.
Correct Answer	D. Yes, without any exceptions or caveats.
Reason	Incorrect. The answer is d. - Yes, without any exceptions or caveats
Quiz Question 6	"Record" as defined by the `RTI Act, 2005` does include:
Your Answer	D. All the above.
Correct Answer	D. All the above.
Reason	Correct
Quiz Question 7	The Act requires the designation within a `Public Authority` of
Your Answer	D. All the above
Correct Answer	D. All the above
Reason	Correct
Quiz Question 8	There is an upper limit for the number of PIOs and APIOs to be appointed by a Public Authority (PA) as per the `RTI Act, 2005`.
Your Answer	B. No. There is no such limit, whatsoever, as per the `RTI Act, 2005`
Correct Answer	B. No. There is no such limit, whatsoever, as per the `RTI Act, 2005`
Reason	Correct
Chapter 3 Public Authority Completed
Quiz Question 9	One of the following about the Annual Report of an Information Commission is true.Identify it.
Your Answer	A. An Information Commission should make a mention in the Annual Report that it functions like a Civil Court and hence the report is binding.
Correct Answer	B. An Information Commission should forward a copy of its "Annual Report" to the Appropriate Government concerned.
Reason	Incorrect. The answer is b. - An Information Commission should forward a copy of its "Annual Report" to the Appropriate Government concerned.
Quiz Question 10	Rules can be made by Appropriate Governments or Competent Authorities by notifying the rules: i) in the Official Gazette. ii) by publishing them on the website of the Appropriate Government. iii) by publishing them on the websites of Information Commissions - as applicable.
Your Answer	A. i) as per the `RTI Act, 2005`
Correct Answer	A. i) as per the `RTI Act, 2005`
Reason	Correct
Quiz Question 11	Under `RTI Act, 2005`, what was the deadline for all Public Authorities to, suo motu, publish information?
Your Answer	C. 12th October, 2005.
Correct Answer	C. 12th October, 2005.
Reason	Correct
Quiz Question 12	Which of the following statements about the "Annual Reports" of Information Commissions are true? i) They should state the number of requests made to each Public Authority. ii) The number of decisions where applicants were not allowed access to documents. iii) the provisions invoked and the number of times they were invoked. iv) the amount of charges collected by each Public Authority under this Act.
Your Answer	C. All i), ii), iii) & iv).
Correct Answer	C. All i), ii), iii) & iv).
Reason	Correct
Chapter 4 Exemptions Completed
Quiz Question 13	According to the `RTI Act, 2005`, as far as exempted organisations are concerned, the exemption applies to i) certain organisations of the Central Government as listed in the 2nd Schedule and to the information submitted by these organisations to this Government. ii) certain organisations of the State Governments as may be notified by them in the Official Gazette, but NOT to the information furnished by these organisations to the respective State Governments.
Your Answer	C. Both i) & ii) are true.
Correct Answer	C. Both i) & ii) are true.
Reason	Correct
Quiz Question 14	PIO should disclose information exempted in S. 8(1) if public interest in disclosure outweighs the harm to the protected interests.
Your Answer	D. Yes, but only after prior permission from the Information Commission concerned.
Correct Answer	B. Yes.
Reason	Incorrect. The answer is b. - Yes.
Quiz Question 15	There are certain exemptions with respect to the information that can be provided under the `RTI Act, 2005`.
Your Answer	A. True.
Correct Answer	A. True.
Reason	Correct
Quiz Question 16	The `RTI Act, 2005` will supersede
Your Answer	D. All a, b & c.
Correct Answer	D. All a, b & c.
Reason	Correct
Chapter 5 Process Completed
Quiz Question 17	An RTI application can be sent
Your Answer	D. Through any of these means.
Correct Answer	D. Through any of these means.
Reason	Correct
Quiz Question 18	"Deemed refusal" under the `RTI Act, 2005` is
Your Answer	A. A failure on a PIO`s part to provide information within the specified time limits.
Correct Answer	A. A failure on a PIO`s part to provide information within the specified time limits.
Reason	Correct
Quiz Question 19	Which of the following are true?
Your Answer	D. All are true.
Correct Answer	D. All are true.
Reason	Correct
Quiz Question 20	Which of the following statements about further fees to be charged under the `RTI Act, 2005` are true? i) The fees to be charged should be reasonable. ii) Details of such fees should be provided alongwith the caluclations of the fees to be paid. iii) An applicant has the right to appeal the further fees charged and should be provided all information about this. iv) It is up to the applicant whether to pay fees or not, but information has to be provided in any case. v) Information provided after the specified time limits should be provided free of cost.
Your Answer	A. All i), ii), iii) iv) & v) are true.
Correct Answer	C. Only i), ii), iii) & v) are true.
Reason	Incorrect. The answer is c. - Only i), ii), iii) & v) are true.
Chapter 6 Appeal Completed
Quiz Question 21	The First Appellate Authority should decide on first appeals i) within 30 days from the receipt of the first appeals. ii) in less number of days that the PIO concerned took to take a decision on the application. iii) within 45 days from the date of receipt of the appeal, if the reasons are recorded.
Your Answer	C. Only i) & iii).
Correct Answer	C. Only i) & iii).
Reason	Correct
Quiz Question 22	There could be a time limit for deciding appeals of a `Third Party` by an Information Commission
Your Answer	D. There is no such provision for time limit for hearing third party`s appeals at all in the `RTI Act, 2005`.
Correct Answer	D. There is no such provision for time limit for hearing third party`s appeals at all in the `RTI Act, 2005`.
Reason	Correct
Quiz Question 23	The time limit specified in the `RTI Act, 2005` for the Central / State Information Commissions to decide on (second) appeals is
Your Answer	C. No such time limit has been specified.
Correct Answer	C. No such time limit has been specified.
Reason	Correct
Quiz Question 24	Would the action in good faith provision be applicable if a PIO unknowingly discloses exempted information.
Your Answer	A. Yes. It applies to any action of any official under the `RTI Act` or any rule thereunder.
Correct Answer	A. Yes. It applies to any action of any official under the `RTI Act` or any rule thereunder.
Reason	Correct
Chapter 7 Complaint Completed
Quiz Question 25	Consider the following. A PIO: i) malafidely denies information. ii) obstructed furnishing information. iii) knowingly gave incorrect, incomplete or misleading information. For which of these actions can he / she be penalised by an Information Commission.
Your Answer	A. The Supreme Court or the High Court as the case may be.
Correct Answer	A. The Supreme Court or the High Court as the case may be.
Reason	Correct
Quiz Question 26	The grounds for a complaint could be i) being asked to pay an unreasonablevamount of fee. ii) being given incomplete or false information. iii) any matter relating to requesting or obtaining access to records.
Your Answer	A. All i), ii) & iii).
Correct Answer	A. All i), ii) & iii).
Reason	Correct
Quiz Question 27	Which of the following are true about an inquiry carried out by an Information Commission? i) It may examine any record to which the `RTI Act, 2005` applies. ii) No such record can be witheld from it (irrespective of any provision of any Act passed by the Parliament or the State Legislature). iii) IC has the powers of a Civil Court trying a suit under the Code of Civil Procedure.
Your Answer	B. Only i) & iii).
Correct Answer	D. All i), ii) & iii).
Reason	Incorrect. The answer is d - All i), ii) & iii).
Quiz Question 28	While inquiring into a complaint, Information Commissions have the power to i) summon and enforce attendance of persons. ii) compel them to give evidence on oath and produce documents or things. iii) Require discovery and inspection of documents.
Your Answer	C. All i), ii) & iii).
Correct Answer	C. All i), ii) & iii).
Reason	Correct