Friday 26 July 2013
Sunday 21 July 2013
LACUNAE IN SELF DEFENSE LAWS
LACUNAE IN SELF - DEFENSE LAW
THE VERDICT OF TRAYVON MARTIN MURDER CASE
A STUDY BY KALYAN KUMAR MAHATA (APU)
FLORIDA CONSTITUTIONAL ARTICLE 1 & 2 :
( ORIGINALLY ENACTED IN 1838 IN ART. 1 & 1 STATING " THAT ALL FREEMAN, WHEN THEY FORM A SOCIAL COMPACT, ARE EQUAL, AND HAVE CERTAIN INHERENT AND INDEFEASIBLE RIGHTS, AMONG WHICH ARE THOSE OF ENJOYING AND DEFENDING LIFE AND LIBERTY ; OF ACQUIRING, POSSESSING, AND PROTECTING PROPERTY AND REPUTATION, AND OF PURSUING THEIR OWN HAPPINESS, " AND CHANGED IN VARIOUS WAYS IN 1865, 1868, 1885, 1985, 1968, 1974 AND 1998 ).
EUGENE VOLOKH EXPLAINS IN STATES CONSTITUTIONAL RIGHTS OF SELF - DEFENSE (VOL. II) FOR FLORIDA :
" ALL NATURAL PERSONS, FEMALE AND MALE ALIKE, ARE EQUAL BEFORE THE LAW AND HAVE INALIENABLE RIGHTS, AMONG WHICH ARE THE RIGHT TO ENJOY AND DEFEND LIFE AND LIBERTY, TO PURSUE HAPPINESS, TO BE REWARDED FOR INDUSTRY, AND TO ACQUIRE, POSSES AND PROTECT PROPERTY ; EXCEPT THAT THE OWNERSHIP , INHERITANCE , DISPOSITION AND POSSESSION OF REAL PROPERTY BY ALIENS INELIGIBLE FOR CITIZENSHIP MAY BE REGULATED OR PROHIBITED BY LAW. NO PERSON SHALL BE DEPRIVED OF ANY RIGHT BECAUSE OF RACE, RELIGION , NATIONAL ORIGIN , OR PHYSICAL DISABILITY . "
THE SELF - DEFENSE LAW OF FLORIDA (USA) IS DISCUSSED HERE AS THERE ARE DIFFERENT LAWS FOR DIFFERENT DISTRICTS IN UNITED STATES OF AMERICA.
THE MURDER OF INNOCENT UNARMED 17 YEARS OLD TRAYVON MARTIN OPENLY IN THE COMPLEX AREA IN SANFORD CITY IS A CASE OF DEATH LIKE ANY OTHER HOMICIDE. ACCORDING TO THE MEDICAL EXAMINER REPORT, THE CAUSE OF DEATH WAS DUE TO A GUNSHOT WOUND ON LEFT CHEST OF TRAYVON MARTIN WITHIN AN INTERMEDIATE RANGE. THERE WERE IDENTIFICATION SCARS ON RIGHT SHOULDER ( 1*1/2 INCH SCAR ) AND RIGHT HAND ( 1*1/2 INCH SCAR ).
( REPORT : ME # 12 - 24 - 043
DATE OF EXAMINATION FEBRUARY 27, 2012 AT OFFICE OF THE MEDICAL EXAMINER FLORIDA , DISTRICTS 7 & 24 . )
AS A RESULT OF FIGHTING IN VERBAL ARGUMENTATION AND PHYSICAL ASSUALT BETWEEN TRAYVON MARTIN AND GEORGE ZIMMERMAN , THE OWNER OF ARM AND AMMUNITION SUCCUMBED TO OVERPOWER THE VERY COMMON BOY WHO HAD BEEN ALLEGEDLY CONVICTED IN THE DISTRICT COURT OF FLORIDA AS A PROVOCATIVE ATTACKER AFTER HIS DEATH . THE ONE - SIDED EVIDENCE OF SCARS ON RIGHT SHOULDER AND RIGHT HAND OF TRAYVON MARTIN PROVED THE POWERFUL ATTACK HAD BEEN MADE BEFORE A GUNSHOT. BUT TRAYVON MARTIN COULD NOT SUCCEED TO PROTECT HIMSELF AS THE DEFENSE MECHANISM OF SELF DEFENSE RULES BECAME WEAKENED BOTH IN RESPECT OF BODY WEIGHT AND ARM HOLDING PARAMETER.
FLORIDA'S STATE ATTORNEY OFFICE RELEASED PREVIOUSLY UNSEEN PHOTOGRAPHS OF THE WOUNDS OF GEORGE ZIMMERMAN ON THURSDAY, 17 MAY 2012 .
THE ATTACKER SURVIVOR AND THE PROVOKING ATTACKER ( THE PERSON DIED IN THE CLASH ), BOTH HAD THE RIGHT TO SELF - DEFENSE. ANOTHER WAY FOR THE SURVIVED GEORGE ZIMMERMAN, THE SPECTATORS ENHANCED THE CONFRONTATIONAL TRIALS IN THE COURT ROOM TO THE JUSTICE DEPARTMENT TO ACQUIT HIM .
FOR A SENTENCE TO PUNISHMENT TO THE GUN SHOOTER, THE TRUTH OR AL - HAQ IN INTER ALIA IS ONE - SIDED PROOF FOR EVIDENCE AS THE ANOTHER SIDE IS LOOPHOLED IN THE JUDGEMENT , SO THE ADVOCACY FOR THE VICTIM OF THE 'GUNSHOT WOUND' ON THE CHEST COULD NOT DEFEND THE PEACE AND JUSTICE. AS A CONSEQUENCE MANY A THOUSANDS OF PEOPLE IN HUNDREDS OF CITIES ARE DEMONSTRATING PROTESTS AGAINST THE VERDICT ORDERED BY THE COURT IN FLORIDA.
A WORTH NOTE :
IT IS DIFFICULT TO ESTABLISH THE CAUSE OF DEFENSE BY TRIGGERING AT THE OPPONENT. THE SPONTANEITY OF USING THE GUN TO FALL SHOT DEAD ON THE GROUND ZERO NEED A GAP OF TRUMPING MOMENT WHICH CAN NOT DETERMINE THE INTENTION OF THE SHOOTER. THE LEVEL OF PUNISHMENT FOR THE MURDERER HAD BEEN DECIDED BY THE JUROR EXAMINING THE MOTIF OF THE GUN SHOOTER . POINT TO BE NOTED THAT THE AUTOPSY REPORT DOES NOT MATCH WITH THE SERIES OF TRIAL FOR GEORGE ZIMMERMAN, AS THERE IS NO ANY REVELATION OF EMOTIONAL EXPRESSION WHETHER THE ACT WAS DONE INTENTLY OR CIRCUMSTANCES COMPULSION GUIDED TO SHATTER THE LIFE OF THE ENEMY TRAYVON MARTIN PERMANENTLY. THERE WAS NO INTENTION TO KILL TRAYVON MARTIN BY GEORGE ZIMMERMAN , ACCORDING TO THE COURT'S VERDICT THAT IS YET TO BE PROVED PRACTICALLY. THE PSYCHOLOGICAL PROVING WAS NO FOUND IN THE DOCTOR'S EXAMINATION. THERE WERE NO RECORDS PROOF OF VISIONARY FOOTAGE OR THE THE MOMENTARY PSYCHOLOGICAL AFFLICTION OF BOTH DUO.
THE WHITE GLOSS , BLACK MAGIC , ASIAN TRADITION , LATINO INFLUENCE AND THE PRIMITIVE CULTURE ARE NOT CONFINED IN SILENCE INTO THE PANDORA'S BOX , THE SYSTEM OF JUSTICE DEPARTMENT MAY VARY BUT NOT THE JURY AND THE LAW TO ESTABLISH THE TRUTH BEFORE PUBLIC IN THE SOCIETY .
Monday 15 July 2013
ELECTION DIARY
PANCHAYAT RAJ
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| KALYAN KUMAR MAHATA (APU) AT THE ELECTION DUTY |
A MEMOIR BY KALYAN KUMAR MAHATA (APU)
IT WAS THE 10TH JULY 2013 WEDNESDAY, I WOKE UP EARLY IN THE MORNING UNLIKE ANOTHER DAY. AS THE DAY WAS NOT SIMILAR TO WEEKDAYS, THE DAY WAS THE PREVIOUS DAY OF THE PANCHAYAT GENERAL ELECTION WHICH IS HELD IN EVERY ALTERNATIVE FIVE YEARS IN MANY STATES IN INDIA INCLUDING WEST BENGAL. NONE LEFT THE BED BEFORE ME AT HOME. WITH A MILD JOY IN THE MIND AND ANXIOUS MOOD, I HOPED TO ATTEND THE EXTRAVAGANT GALA OF VOTING FESTIVAL IN THE GREAT INDIAN DEMOCRACY. THE MORNING FRESHNESS AND THE CLOUDY SKY WREATHED THE PIOUS LIKE MOOD, ONLY TO COMPARABLE TO THE FEELING OF MY INTROVERT EXPRESSION WITH THE CONDITIONAL MOOD OF OFFERING PRAYER TO THE GOD DURING THE HAPPY PERIOD OF LIFE.
THE IMPORTANCE OF PERFORMING THE RESPONSIBILITY AS A VOTING STAFF SEEMED TO ME AN ADVENTUROUS TASK DURING THE ELECTION. ALTHOUGH, THE ACTUAL ENVY ATTRACTED THE ATTENTION OF THE FAMILY MEMBERS AND FRIENDS FROM THE DAY WHEN THE APPOINTMENT LETTER FOR JOINING IN THE VOTING PROCESS WAS ISSUED TO ME. AS I WAS THE FIRST IN MY LIFE TO EXPERIENCE THE HARD WORK OF PERFORMING THE DUTY IN THE ELECTION AS A PANCHAYAT GENERAL VOTING STAFF, IT SEEMED TO ME LIKE A HUGE TASK OF PULLING DOWN THE MAMMOTH FROM THE HILLOCK.
AFTER LEARNING THE BASIC RULES IN THE TRAINING SEASON, GRADUALLY THE POLITICAL ATMOSPHERE BECAME HOT. THE CONSEQUENCE OF THE TRAINING MADE ME KNOWN TO EACH OTHER OF MY COLLEAGUES APPOINTED TO THE SCHEDULED BOOTH. THE STAFF PATTERN CONSISTING OF THE PRESIDING OFFICER, FIRST POLLING OFFICER, SECOND POLLING OFFICER, THIRD POLLING OFFICER, FOURTH POLLING OFFICER AND TWO POLICEMEN ARRANGED THE 3 TIERS PANCHAYAT ELECTION PROCESS - GRAM PANCHAYAT (ELECTED VILLAGE MEMBER), PANCHAYAT SAMITY (BLOCK LEVEL ELECTED CANDIDATE) AND ZILLA PARISAD (DISTRICTED LEVEL ELECTED LEADER) WHERE THE CITIZEN ELECTED THE CANDIDATES BY CASTING VOTE (PRESSING THE CROSSED MARK STAMP IN THE MANUAL BALLOT PAPERS DISTINCTIVELY SPECIFIED FOR THREE SEPARATE VOTE ) ON THE SYMBOL PRESCRIBED. THE AGE OLD CYCLE MESSENGER FOR EVERY BOOTH WAS REPLACED BY THE TECHNOLOGY IN THE FORM OF THE MOBILE TEXT MESSAGING WITH EVERY HALF AN HOUR. BUT THE WATER - CARRIER APPOINTED BY THE VILLAGER STILL REMAINED IN THE LIST OF THE VOTING STAFF INTERESTINGLY. THE PROCEDURE DIFFERS FROM THAT OF CIVIC POLLS HELD IN THE CITY - THE PANCHAYAT OR SARPANCH POLL FORM THE VILLAGE CONSTITUTIONS WITH VILLAGE BOARD, BLOCK DEVELOPMENT OFFICE AND DISTRICT COUNCIL OR BOARD.
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| INSIDE THE TRUCK |
AFTER REFRESHMENT IN THE DAWN WITH HAVING SNACKS, I KICKED THE STARTER OF MY BIKE CARRYING A LIGHT LUGGAGE TO THE VEHICLE STAND ARRANGED FOR TRANSPORTING THE POLLING STAFF TO THE DECODING CENTER AND THE RECEIVING CENTER SIMULTANEOUSELY. THE CLOUDY SKY WITH A WEAKENING SUN LIGHT MINGLED IN THE AIR INTO AN ENVIRONMENT OF NO SPACE TO SIT OR STAND INSIDE THE VEHICLES, EVEN SOME VEHICLES MANAGED TO CARRY THE STAFF ON THE ROOF TOP OF THE BUSES, HERE IN JHARGRAM, A SMALL RURAL TOWN IN WEST BENGAL. I WAITED FOR TWO HOURS LONG, BUT NO MOTOR VEHICLE OR BUS WAS AVAILABLE FOR ME. THE DEPRESSION AND INFERIOR COMPLEXITY OVERPOWERED ME LIKE THE DEPRESSION OF BAY OF BENGAL SURMOUNTED IN THE SKY OF THE RAINY DAY, THAT SOMETIMES INUNDATES THE VAST LAND AND HABITANT. THE MOCKERY WAS HEIGHTENED IN THE STREET WITH THE INCIDENT OF REFUSAL AND BARGAINING WITH THE EXCHANGE OF VERBAL NEGATION BETWEEN ME AND A CYCLE RICKSHAW PULLER AS THERE IS NO FARE CHART FOR RICKSHAW PASSENGERS.
ON BOARDING ON A TRAIN I REACHED TO COLLECT THE VOTING MATERIALS ALONG WITH OTHER STAFF/ COLLEAGUE. AT NOON IN THE SCORCHING SUN LIGHT OVER THE HEAD, SHARING ON THE FLOOR OF AN OPEN HOODED APPREHENDED TRUCK SMEARING ON THE WARMING DAY LIGHT, I ENDED THE JOURNEY TO THE DESTINATION AT KENTHIA PRIMARY SCHOOL IN THE VILLAGE KENTHIA IN THE DISTRICT OF WEST MIDNAPORE.
THE BUSY AND HECTIC SCHEDULE OF CONTINUANCE VOTING PROGRESS FROM MORNING TO EVENING ON THE FOLLOWING DAY WITHOUT ANY OFFICIAL BREAK FOR TIFFIN OR LUNCH (WHICH IS AN INHUMAN RIGHT APPROACH IN THE LAW CODE) I JUST KEPT THE RECORD OF THE IDENTITY OF THE VOTERS AND GAVE THE BALLOT PAPER TO CAST THE VOTE TO APPLY THE DEMOCRATIC RIGHT. THE COMPLETION OF SEALING THE BALLOT BOXES AND FILLING UP THE NECESSARY DOCUMENTS, PRECEDED THE TRUCK JOURNEY UNDER THE GUIDANCE OF DRIZZLE AND FEEBLE STARRY SKY, TO THE RECEIVING CENTER AT MADPUR.
AFTER EXAMINING THE DOCS COMPARING THE CHECK- LIST THE THREE BALLOT BOXES WERE HANDED THE RECEIVING OFFICERS OVER AND I GOT THE RELEASE ON A WRITTEN MANNER FROM THE ELECTION DUTY AT 10:30 P.M. THERE WAS NO TRAIN OR VEHICLE FOR RETURNING TO MY RESIDENCE. I MANAGED TO LIE DOWN ON THE GROUND UNDER THE TENT USING MY LIGHT LUGGAGE SINCE THE MORNING WITH AMICABLY ! THE JOY OF PARTICIPATION TO BUILD A HEALTHY COMPETITION IN THE GREAT INDIAN DEMOCRATIC ORGANIZATION CAME TO AN END BY THE PATIENCE, ENDEAVOUR AND TOLERANCE ABILITY SHOWN IN THE LABOUR TO BE KEPT IN SILENCE RESISTING MYSELF NO DEMONSTRATING THE RIGHT TO VOICE.
AS PER THE VOTING WORK DURING THE ELECTION PERIOD THE STAFF INCLUDED TO ENGAGE IN THE BOOTH TO ASSIST THE ELECTION PROCESS POSTS OF THE MEMBER OF A TEAM ARE INSTRUCTED TO
BY THE ELECTION COMMISSION OF INDIA AS THE FIRST POLLING OFFICER, SECOND POLLING OFFICER, THIRD POLLING OFFICER AND THE PRESIDING OFFICER. I WAS A FIRST POLLING OFFICER IN THE SAME ELECTION AND I WAS PAID RUPEES EIGHT HUNDRED ONLY IN INDIAN CURRENCY FOR POLL ALLOWANCE. THE CURRENCY NOTES WERE ENVELOPED THAT WAS LOCKED IN A DRAWER. I DISCOVERED THE ENVELOPE CONSISTING OF RS. 500+100+100+100 HAD BEEN THEFT. IT WAS A SAD EXPERIENCE TO TELL THAT THE ONLY POLL ALLOWANCE WAS SNATCHED. (UPDATED ON 19 SEPTEMBER, 2013).
LATER ADDED PART :
AS PER THE VOTING WORK DURING THE ELECTION PERIOD THE STAFF INCLUDED TO ENGAGE IN THE BOOTH TO ASSIST THE ELECTION PROCESS POSTS OF THE MEMBER OF A TEAM ARE INSTRUCTED TO
BY THE ELECTION COMMISSION OF INDIA AS THE FIRST POLLING OFFICER, SECOND POLLING OFFICER, THIRD POLLING OFFICER AND THE PRESIDING OFFICER. I WAS A FIRST POLLING OFFICER IN THE SAME ELECTION AND I WAS PAID RUPEES EIGHT HUNDRED ONLY IN INDIAN CURRENCY FOR POLL ALLOWANCE. THE CURRENCY NOTES WERE ENVELOPED THAT WAS LOCKED IN A DRAWER. I DISCOVERED THE ENVELOPE CONSISTING OF RS. 500+100+100+100 HAD BEEN THEFT. IT WAS A SAD EXPERIENCE TO TELL THAT THE ONLY POLL ALLOWANCE WAS SNATCHED. (UPDATED ON 19 SEPTEMBER, 2013).
Thursday 4 July 2013
EGYPT - A SEARCHING FOR POLITICAL CRISIS
EGYPT - A SEARCHING FOR POLITICAL CRISIS
A SHORT EXPLANATION BY KALYAN KUMAR MAHATA (APU)
Middle East is popular for the potential of petroleum. The people of this region became unrest for transitional change in the administration. An interim military approval Judiciary administration has been formed headed by the Chief of the Justice of Egypt court President Adly Mansor removing the Ex-President Muhamad Morsy. After the Egyptian Revolution in 2011, the Chief of Supreme Council of the Armed Forces announces the suspension of the constitution, which was formed in March 2012 by following the conveying of the newly elected the People's Assembly Maglis al-Shura and Maglis el-Shaab. On June 30, 2012 Muhamad Morsy was elected to assume in office as President that lasted on 3rd July 2013.
The names of the city in Egypt remind the ancient history of the pre-historic world, likewise Cairo, Alexandria, Aswan, Sina, Gizah etc. recently where people demonstrated the protest against the failure of the President. The demands of the people shattered in the political turmoil and the growth of the Economic as there is the strict law for accepting the monetary helping outside Egypt. People here compelled to get down on the streets of Cairo, Alexandria, Nasr city and other places.
The Republic of Egypt carries its age old name by the name of various heritage sites of Phyramid, Spinx, oldest shrines and the Hieroglyph scripts. So the concentration of the world generally attracts the Archeological and Anthropoligical sciences. The valley of the Nile deserves the oldest ever civilization that is closed to the Mesopotemia civilization.
The impact of colonialism in the Republic of Egypt pays a huge cotribution for transforming the civil society. The result of the colonial rules tend to the righteousness of the administration which failed in recent times, preceded and followed by the interim military emergency rules. The Strategic location of this country in the Middle East of the World between Europe and Africa is a dense populous (82,079,636 as on July 2012) country, the third largest in Africa. The Suez Canal is the most important en route for transshipment to Europe, Asia and African countries. The another most remarkable international political situation is related to the Arab Republic of Egypt (officially known as in Egypt) is the influential impact of the regional transitional aspects of changing scenario of that part of the world, lead by Israel and Palestine. The religious conflict in respect with the land dispute (i.e. the most prominently the acquiring of the Holy land marked division by the wall) accumulates the power of self-religious practice with an esteemed and belief. But in Egypt, the political parties took part in the constitutional People's Assembly in Maglis el-Shura are free from religious influences.
The ancient values in archeology and anthropology deserve the highest honor and importance in the history of the world, the ancient Hieroglyph script and many other sculptures put the mark in the mind of the people who lived in the past as well as the present modern times. No comparison is made these invaluable proof of realities to any other historical monuments and the Medicinal advancement of preserving the human dead bodies for a long long period, which is surprisingly intelligence capability even today. The cities in Egypt on the bank of the Nile remain the absolute silence, since the moment of creation, the emergency laws prevailed from 1967 after the departure of the colonial rules.
As a consequence, thousands of refugees take shelter every year in various countries in Europe and Asia mainly in the Arab regions where the respective countries face the political undefinable syndromes. It is time for watch what will bring in the fate of the Egyptian in the next couple of years with the help of the International Watchdog.
Sunday 30 June 2013
INTELLECTUAL PROPERTY
LAW FOR INTELLECTUAL
AN OBSERVATION BY KALYAN KUMAR MAHATA (APU)
A Revolutionary measuring steps for remedy for those persons who attend in a continuous process to supply the demand of enriching and fulfilling the emotional base of the layer of the mind is,somehow, not justified anywhere in the world. The United Nations Intellectual Property Protect Act is accepted by many courts of justice. But the expression and explanation of the thinking of persons representing in public cost a huge acclaim if those are related with art, literature, invention, music, song, etc. in exchange with money and royalty the common man and woman or other person or institution pay for the value both to the owner and the Government wealth fund. The knowledge of intellect helps to build the career, to choose an occupation and make a professional. The Copyrights Act, the Patent Act and the Trademark Act conventionally regulate the resource, production and market proclaiming the penalties and offenses, sometimes, announcing remedial solutions to control the conflict between the aggression of acquiring the residual income value and the owner of the intellectualism capability for a new creation or to those persons who produce things in a different way, that none had made before.
The unfair practices for duping, infringement, counterfeit need knowledge of tempering which is a low level of thinking comparing that who first ever thinks. The intellectual capacity is divided by class distinctions through this method of illicitness considered as unauthentic. Trafficking, theft, transshipment, trade secret theft literally violate the Intellectual Property Rights Acts, at the same time, the activities of this type of crimes must deserve the highest level of thinking performance i.e. the breaching of security need more capability of mind power than that of the security provider, though the laws in the court could sue making proper judgement respecting the constitution. As a consequence, the law of IPR (Intellectual Property Rights) can not give much importance to the real thinker of better knowledge as it is not possible to show the proof of any witnesses and documents regarding the scientific limitation and boundary of infliction of the corporate (law) punishment, probably to maintain the diplomacy and administrative ruling power for the greater cause of keeping national integrity and protecting the Internal Security of a boundary.
The Patent Laws describe in the clauses of Patent Infringement 35 u.s.c.of 271; 281-297 of the U.S. Constitution for unauthorized making, using, selling or importing any patented invention. Remedies available in 35 u.s.c. of 283 of the U.S. Constitution, says "in exceptional cases, the court may award reasonable attorny fees to the prevailing party, 35, u.s.c. of 285.
Any controversy of cyberpiracy and cybersquatting in connection with Internet Domain Names, 15 u.s.c.of 1125(d), violating the nation's rule not in judiciary trial or a fleeing to another country for taking shelter is really critical to prove if there is no adequate intrinsic documents are produced before the jury. This type of person is not a simple hacker; rather than a great 'Intellectual Property Thief', an international criminal, according to the law of Cyberpiracy Protection for Individuals,15 u.s.c. of 1129.
A contractor of CIA (Central Investigation Agency) and National Security Agency, Edward Snowden, the fugitive, revealed some information sensitive to the state administration for the growth of mass production as well as economic sustainable indices. The revelation of the secret information and dealings with a regular basis task in various places, the employee of the security service unlawfully provides the common man and woman reality in the veil of the state policy. The 'whistleblower' runs for leaking the important documents published in THE GUARDIAN, again boosts the gross development of digital technology of an unwanted and malicious informative deed. He did not support the surveillance by the sub- contractors of the Govt. agencies. To defend the terror strike and protect the lives of the of the people live in the US, stared this suspicious penetration of surveillance to the privacy in Digital Electronic Usage after 26/11 strike, the proof is yet to be.
The limitation of Intellectual Property Acts undoubtedly creates a lacuna in the school of law. As per the data collected by the inheritance users and owners of the natural goods from the traditional and ancestral aspects of view, the demand of the patent holder could not satisfy the law and order of the highest court and the United Nations ' Legal Office and the International Court in the Hague. Many a thousand of the natural products could not find any resolve to identify itself as a potential food or usable items all over the world. Not a single country, human race or company establishes self- acquisition of the license of the patent even in the present times, the distinguished natural product i.e. water is not under control fully by the patent law, though the package mineral water and natural resource water, processed water sold under the trademark.
"Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agriculture and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour".
Article 1(3)
Article 1(3)
(A declaration in Paris Convention in 1883 for the protection of Industrial Property.)
Thursday 27 June 2013
DOMA
DEFENSE OF MARRIAGE ACT
SAME - SEX MARRIAGE
- KALYAN KUMAR MAHATA (APU)
Marriage equality or equal marriage marks a new milestone in the history of marriage registration act in the United States of America at the moment when the Supreme Court announce the legality of the age old controversial social issue in California . This is a recognition of social, political, human rights, civil rights, religious, debatable and economical as well as birth control issue in many populated countries. The cases started in 1996 at court after rejecting in District court, at that period the Supreme Court of Hawaii granted to marry for gays and lesbians.
The victory of the moral conscience of the eternal human loving truth and attitude gracefully acknowledges the need of conjugal life of same gender of human being without any biasness and conflict of standard partnership for living in the society. The other side of familial understanding would gloriously enhance the mutual social status of the followers of the gay(ism) and lesbianism, in a liberal way that effects in emotion of ups and downs of man and woman . At the same time the freedom of living together like in mess, hostel or ashram copes up with a bonding of two minds rather than differently in the meaning of sex (oral, anal, gonado) and its gratification. Though the incidents are not revealed in public or legal ruling but the allegations are lodged in the police station frequently and gradually it is forwarded to solve the stigma in the court. The long awaiting verdict certainly makes the couples mirthful in personal life.
NPR's Nina Totenberg comments :
The cases are United States v. Windsor and Hollingsworth v. Perry.
"One case tests the federal defense of marriage act, known as DOMA (Defense of Marriage Act). The law bars federal benefits to same sex couples who are married in states where such unions are legal. Those challenging the law contended that it unconstitutionally denies them the equal protection of the law and that it also violates the constitution by refusing to recognize state endorsed legal marriages. The second case from California, is an outright challenge to state laws that bar same sex marriage. Same sex couples are challenging California's ban as a denial of their constitutional right to equal treatment."
President Mr Barack Obama said in a statement, the federal law "treated loving, committed gay and lesbian couples as a separate and lesser class of people." He also said the Supreme Court has "righted that wrong, and our country is better off for it."
The federal benefits given hetero- sexual married couples are extended to same sex married couples "swiftly and smoothly" with the proclaim by the Supreme Court.
In DOMA case , Justice Kennedy was joined by the four members of the court's liberal wing - Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts dissented, joined by Justices Scalia, Clarence Thomas and Samuel Alito. (Source : WSJ)
Chief Justice Roberts said, the ruling of the states to "continue to utilize the traditional definition of marriage."
Justice Kennedy said the Defense of Marriage Act "violates basic due process and equal protection principles application to the Federal Government."
The opponents of gay marriage, it is important to see now that they will be remain silent in the ruling path or with a anger to sustain the hidden truth of human attraction in the verge of self - suppression in a progression to prove themselves radical avoiding the timeline of the countries of Europe, South America, Asia, North America, Autralia !
Monday 17 June 2013
A DISCUSSION ABOUT GENE TEST
INDIANIZATION OF ROYAL FAMILY OF BRITAIN
(GLORIFICATION OF DNA TEST OF PRINCE WILLIAM)
A DISCUSSION BY KALYAN KUMAR MAHATA (APU)
A RESEARCH AT THE UNIVERSITY OF EDINBURGH, UNITED KINGDOM CLAIMS BRITAIN'S NEXT ELIGIBLE KING PRINCE WILLIAM HAS A LINEAGE HEREDITY RELATION TO INDIA. THE OBSERVATION OF GENEOLOGY STUDY WAS DONE BY GENETICS EXPERT DR. JIM WILSON OF THE UNIVERSITY OF EDINBURGH WHO DESCRIBED THE GENETIC LINK AS "UNASSAILABLE''. THE FAMOUS SCIENTIST OF BRITAIN DNA ALSO PROVED THE RESULT OF AT LEAST HALF INDIAN IN A DNA TEST FROM SALIVA SAMPLES. THE WOMAN WHO IS RESPONSIBLE FOR THIS INTERESTING AND EXCEPTIONAL RESULT IN GENETICS IS DUKE'S GREAT-GREAT-GREAT-GREAT-GREAT GRANDMOTHER ELIZA KEWARK, AN ARMENIAN. THEODORE FORBES, A SCOTTISH MERCHANT WORKED FOR EAST INDIA COMPANY IN WESTERN PART OF INDIA IN THE PORT CITY OF SURAT, WAS THE MATING PARTNER OF THE HOUSEKEEPER, ELIZA KEWARK DURING THE EIGHTEENTH CENTURY. THEIR CHILD KATHERINE'S DESCENDANTS ARE DIANA SPENCER WHO MARRIED THE PRINCE OF WALES AND FRANCES SHAND KYDD WHO IS COUSIN OF PRINCESS DIANA'S MOTHER. PRINCE WILLIAM IS THE SON OF EX-PRINCESS DIANA SPENCER.
THE GENE LINE FLOWS IN MATERNAL SIDE THAT HELPS THE SCIENTIFIC RESEARCH TO ANNOUNCE BEFORE WILLIAM AND KATE MIDDLETON'S VISIT TO INDIA , THE PAST COLONIAL BASE OF THE BRITISH EMPIRE. IS THERE ANY NECESSARY DIPLOMACY TO PROVE IN ANY TYPE OF SCIENTIFIC STUDY TO BE SHOWN THAT THERE IS A TINIEST PART OF INDIAN INHERITANCE WHERE ELIZA WAS ARMENIAN, AN EUROPEAN DESCENT OR TO FIND OUT THE LINEAR RELATIONSHIP OF THE ROYAL FAMILY MEMBERS IN THE COMMONWEALTH COUNTRIES ?
DR WILSON SAID, "THIS WAS INDEPENDENT EVIDENCE THAT THERE WAS INDIAN ANCESTRY."
"FOR ME, IT CORROBORATED THE FINDINGS FROM THE mtDNA. WE'VE GOT TWO DIFFERENT KINDS OF GENETIC EVIDENCE THATARE INDEPENDENT FROM ONE ANOTHER AND THEY BOTH CORROBORATE THE STORY."
"SO IT REALLY SEEMS THAT OUR FUTURE KING HAS A LITTLE BIT OF INDIAN BLOOD."
WHAT IS THE DIFFERENCE BETWEEN THE IDENTICAL GENE AND THE POPULATION GENE ? THE ENVIRONMENT AND THE GEOGRAPHICAL CHANGES INVOLVE TO DIFFERENTIATE THE FLOW OF GENEOLOGICAL LINE OF ANCESTRAL ORIGIN. THE MIGRATION OF PEOPLE FROM ONE PLACE TO ANOTHER MARKS THE TRACE S OF GENEOLOGICAL COMPLEXITY. AFTER A LONG PERIOD, THE IDENTICAL GENE OF SOME INDIVIDUAL RESEMBLES TO THE REGIONAL STATE OF LIVING GENEOLOGICAL DIVERSITY AND THE CORRESPONDING. IN THIS WORLD, WITHOUT THE LINEAR BOUNDARIES AMONG THE COUNTRIES, THE SIMILAR FEATURES AND CHARACTERISTICS OF GENES ARE DIFFERENTLY OBSERVED AND DISCOVERED IN A LINEAR PROGRESSION BY THE EXPERTS.
THE DISCOVERIES SOMEDAY WILL PROVE THE HEREDITY OF HUMAN BEING THAT WILL SHOW THE SIMILAR FEATURES OF GENE IN A WAY THAT THE COLOR OF SKIN (DERMIS) DOES NOT DIFFER THE CHARACTERISTICS OF THE GENE OF HUMAN BEING BELONGS TO DIFFERENT COUNTRIES, NOT COMPROMISING WITH THE LIVING STANDARD AND RACIAL EFFECT. THOUGH THERE IS NOT ENOUGH ETHICS AND CLUES TO PROVE THE CREATION OF THE FIRST HUMAN BEING IN THE NATURE. THE ELEMENTARY BIO- CHEMICAL COMPONENTS OF THE PHYSICAL BODY ARE SIMILAR TO ALL OF THE SAME CLASS OR RACE OF ANIMALS IN MOLECULAR BIOLOGY. THERE IS NO EXCEPTION FOR HUMAN BEINGS. IN MANY ASIAN AND AFRICAN COUNTRIES WITHIN A LIFE SPAN A CHILD BEARING WITH A WHITE OR BLACK SKIN GROWS IN LATER LIFE RESPECTIVELY BLACK, BRON OR WHITE CLAD. DOES THE GENE TRANSFORM ITSELF FOR ANY UNTOLD REASON ?
HOW DOES GENETICS RULE OVER THE COUNTRY WISE SPECIALITY IN CHARACTER IN THE HIGHEST LEVEL OF STUDY AND RESEARCH? WHICH NATURAL ELEMENTS OCCUR THIS BIOLOGICAL METHOD OF PERPETUATION OR ANY ARTIFICIAL STATE OF ENVIRONMENT DOING THIS PROCESS OF DIFFERENTIATION HARMLESSLY ? THINKING DIFFERENTLY MAKES DIFFERENT, THINKING SAME THING IN A SIMILAR WAY IS THE STEP IN OR FORWARDNESS FOR UNIFICATION. THE GLOBALIZATION AND THE ACCEPTANCE OF THE PRODUCTS OF THE MULTINATIONAL PRODUCERS DO NOT PROVE THE HRERDITARY DIVISION OF MANKIND IN THE WORLD.
REFERENCES :
1. www.news.sky.com
2. www.dawn.com
3.www.washingtonpost.com
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