It is requested to readout the
articles on the premise of Global poverty, secularism of norms and values,
application of doctrine of necessity and finally with the revolutionary ideas.A
human beings have right to use gun in case of starvation is the necessity for
the justification of the revolution. There are about 1.2 billion people living
below the poverty line of less than one dollar per day, and almost 3.0 billion
on less than two dollars per day, compared with a global population of over 6.0
billion people, according to World Bank figures.
In many sub-Saharan African
countries, life expectancy fell during the 1990s owing to the impact of
HIV/AIDS. Other major setbacks in health gains occurred in Eastern Europe and
the former Soviet Union, where the political and economic transition has been
accompanied by decreases in life expectancy of five years for males.In some of
the poorest countries of the world, one in five children still fails to reach
his or her fifth birthday, mainly owing to infectious diseases related to the
environment.
The Millennium Declaration,
adopted by all 189 United Nations Member States in 2000, promised a better
world with less poverty, hunger and disease; a world in which mothers and
children have a greater chance of surviving and of receiving as education, and
where women and girls have the same opportunities as men and boys. It promised
a healthier environment and greater cooperation a world in which developed and
developing countries work in partnership for the betterment of all.The
declaration established eight MDGs and time-bound targets by which progress can
be measured. With the 2015 deadline looming, how much progress has been made?
And is the pace of progress sufficient to achieve the goals?
The MDGs are break down into 21
quantifiable targets that are measured by 60 indicators. The international
communities are showing their mercy towards eradication of poverty from the
list of the world whereas the same international communities are not in position
to stop their industries which are producing the high amount of
Chlorofluorocarbon (CFCs) which have adverse effect on the survival of human
civilization.The indirect or direct support to those activities is promoting
the global poverty rather than the decreasing it. The international community
will show after 2015, rapid decrease in the poverty, hunger, and disease
through making beautiful chart or statics while the scenario will be something
different. The ground reality and the statics will be totally two poles of the
magnets which have no any connectivity.
According to the survey done by
the Food and Agriculture Organization of the United Nations, 2009, the number
of hungry people in the world has reached 963 million, or roughly 15 percent of
the world population. This represents an increase of 142 million over the
figure for 1990-92.This is a visible impact of poverty and inequality in the
present national as well as international order. Poverty is the state where the
people are not only deprived from using the natural things but also in
condition to use the things provided by the government.The state or called the
international community as the single state has sponsored to increase the
poverty world widely. The poverty is becoming the serious challenge to
establish the rule of law or norms of human rights in both the developed
countries and developing countries. The Preamble of Universal Declaration of
Human Rights (UDHR, 1948) and two binding covenant ICCPR and ICESR have talked
to protect the life, liberty and property around the world. These rights are
entitled as the inherent right of the people around the world.
The efficacy of implementation of
these rights in terms of protection and promotion of it only can be viewed from
the practical realization of it. If there is any human rights violation in any
corner of the world, that strictly raise the question mark to the efficacy of
these international instruments.The international communities were aware about
the fact of the global poverty and their consequence at the time of drafting
the charter of these international instruments but they drafted it and make
binding to the international communities. There is agreeing opinion of the
emerging scholars like, where there is starvation, illness, poor people,
unhealthy environment, un-adequate of food, water, and shelter etc, no human
rights standards can be implemented over there.
Since, the jurists are own-self
classified into two folds, one who are in favor of generation theory while one
who is in against the generation theory. But for me, the generation theory
assumption will not solve the problem of the global poverty because it is not
caused by the one generation but by the subsequently many generation and their
adverse effect are appearing to this generation.The right to food have the same
level of importance to survive while survive like animals is likely to not
survive so mean time need dignity and security by representative people. the
right o life and right to food can’t be interpreted nor applied separately
because the existence of one is depend upon the recognition of others.This is
also supported by the principle of recognition of entitlements which says about
the recognition of all the entitlements which help people to exercise their
inherent rights for what they are.
The principles also bridge the gap
of generative theory of development by providing the compensation, reparation
and other different treatment to the people who are entitled to get it.
Orissa and Jharkhand equals with
Chad and Niger in respect of BPL percentage. Orissa, Jharkhand, Bihar, U.P.,
M.P. have more poor than whole of Sub Africa. , Himachal Pradesh and Kerala
almost equals BPL percentage of Brazil(SOURCE : HUMAN DEVELOPMENT REPORT 2011 )
10% of rich people in India consumes 59% of resources, while 30% of poor just
have 3.5% of resources,4th biggest exporter of the food grains has 1/4 of its
population sleeping without food,990 five star hotel are in rich India while
1/3 of its population cannot fulfill their basic needs.,5 proud Indians are
hosting India's flag in the 20 ford’s world’s most richest people of the list,
while poor India is ranked at 96th in the global hunger index( Source, Data and
Ravallion,2009) “Minimum Basket Theory” (food, education, health, training, energy)
49.98% of the population is B.P.L. , 49.98% of the population was surviving
with a per capita daily consumption expenditure of Rs. 40 or less and were
termed POOR and VULNERABLE.
How can you have true democracy
when the majority of Indians who live in the rural areas live in poverty? They
have no electricity, no clean drinking water and no good schools? The fact that
the traders, and the middle classes, who live in big cities, and who constitute
a minority of the one billion Indian people, enjoy wealth and have good schools
does not prove that they have true democracy. Indian has no doubt made great
strides in such fields as military sciences and software engineering. But this
should not mean that they should become complacent. They must preserve the good
things they have, get rid of bad things we have acquired by imitating others,
and acquire the good things they lack.
Some people equate Indian and
American democracies, saying that both are dominated by money, and that both
democracies are the best democracy that money can buy. Well, it is true that
American democracy is dominated by money, but this is because America is the
bastion of world capitalism. In America you have the best democracy that money
can buy. In America, the vast majority of people are well off.Even an
ordinary person, who works as a garbage pickup person for the little town, can
not only afford to support his family financially, but he can also afford a
family car. He is not ashamed of telling others that he is a garbage collector working
for the little town.
This is because there is dignity
of labor in the West. But in India things are different. The vast majority of
the people there, who live in rural areas, have no electricity, no clean
drinking water, no regular source of income, and little hope that things will
improve in the future.More than 20 million women continue to experience ill
health each year as a result of pregnancy. Poverty has existed for a very long
time, and to different extents it remains worldwide still now in this 21st
century.In primitive societies it was most often the case that everybody was
equally poor, but more modern societies have generally tended to involve
poverty being confined to an often substantial minority only - though this can
often harm those concerned even more than universal poverty does.
In India, 32.7 per cent of the
population subsists on less than $1.25 per day and 69 per cent make only $2 a
day.In rural India, 34.28 per cent of the population lives on less than $1.25 a
day, down from 43.83 per cent in 2005. In urban India, 28.93 per cent of the
population is in extreme poverty, down from 36.16 per cent in 2005, according
to
the report. More than 12 million
Africans have died of AIDS (over two million in a single year), and 13.2
million have been orphaned, due to HIV/AIDS.Several hundred million people
continue to be infected annually with malaria, which results in almost 300
million clinical cases worldwide each year, and over one million deaths. Hence
the answer to what is poverty is not simple, as poverty does come in different
forms and extents, allowing different definitions of poverty, but it is always
harmful to those concerned and especially harmful to children whose biological
development and survival chances can also be greatly harmed.
Poverty itself means misery to the
poor and it also greatly limits their freedom of life choices and makes them
vulnerable to other various nasty forms of exploitation including child
exploitation.Poverty can also be very harmful to society as a whole, insofar as
it can maintain a divided conflict society where the poorer conflict with the
richer and acceptance of poverty generally encourages social badness rather
than goodness.
Two issues have been preventing
most governments from handling poverty well,
1. Most governments in both rich
and poor countries do not see poverty-reduction as being any priority to them,
and so do not make much attempt to reduce poverty. The wider benefits of
reducing poverty are not widely understood.
2. The few governments in rich or
poor countries that do see poverty-reduction as being of some priority to them,
have commonly wasted much of the resources they use in mistaken attempts at
poverty reduction from not understanding their best policy options for that.
The dynamics of revolution is
difficult to predict for making easier to understand it. The revolution has
long history or we can say that the milieu of revolution interlink with the
development with civilization of human society.The revolution requires for
addressing the unresolved problem created by the human society itself. Some of
the Vedic philosophical leaves premises or grounds also talked about the
justification of revolution and their legitimacy.The revolution is the out
result of non-equality in resources in words of Marxist or called Communist
while revolution is the outbreak of non participation and non representations
in the mainstream of abstract entity called it state in speech of democratic
norms. The revolution maximally advocates about the principle of secularizing
the human society.
Secularism is important
anti-religious concept in words of some atheist and communist which create a
wall between religion and state. Distinction between these only can bring state
in right track which is needed for the personality and state development.The
secularism notion is always straight forward. It never wants to entangle with
the jurisprudence of religion and others matters related to this. It gives
scientific platform for the human beings to discover the norms of humanity and
applied for the betterment of the human beings without any distinction.
Although the philosophical notion
of secularism is convincing to the human beings for talking about the
betterment of the humanity throughout the world but the implementation is very
difficult task. Revolution justifies on the ground that, a human being never be
subject or slave or any inferior to fellow human beings. The nature has created
all of us with the same values, standards, dignity, prestige and cranial
capacity.The only difference is that someone has enough access to the natural
resources while other lacks. The race on the common property of all human
beings is only created by the natural phenomenon. The differences never drawn
on the basis of biological distinction, when distinction among the fellow and
other human beings get root, the seeds of revolution starts.
The revolution not merely tries to
make human beings more secular only but it also try to give the justification
for the number of unresolved issues.The number of issues may be violated in the
name of revolution. The prior concern of the revolution is to create the
society based on mutual respect, mutual tolerance, and mutual
co-existence. There are some of the human rights related international
instruments we called it treaties or declaration also talk in favor of respect
of human rights and their fulfillment and avoiding the chaos from the
society.But we can never forget the most painful and destructive war in the
human history till now and their adverse affect on the human civilization. No
matter whatever instrument we have to protect or help to make conducive
surroundings for the humanity will fail to work, when we fail to erase out the
attached problem of human society. It will only change into reality if the activists
and others human beings are true secular.
It can’t be viewed only from the
religious paradigm which talks about the justification of religious revolution.
It was time in the human history when there was supremacy of religion over the
state and people had to suffer in the name of religion, to end with these bad
story, holy war took place in the Europe and resulted with the Westphalia
Treaty called it bloody destructive religious war for thirty years.Revolution
will happen in each society in different forms to address different problems.
For each revolution, there is necessity among youth to develop the norms of
secularism for better future. The notion regarding the secularism is also
politicized in the most of the country where it understood wrongly.
The secularism is the philosophy
of neutrality which can be applied anywhere no reference to any of the
prejudice. The secularism emerged and developed as a philosophy of free from
any biasness in the state functioning but latter on it diluted with the
religion and state neutrality limiting their wider scope from the neutrality as
whole to religious affairs.The abstract entity like state never had, have or
will have the religion so it was, is and will be neutral from all the point but
room for talking about the secularism only is minute. The state never functions
itself; it needs the driving force which we called the government and it
constitutes the representative of the people assign to perform some of the
function as accordance with the will of people.
The religious matter is totally
the private one; there is no any place of state interference in the private
life of human beings. The secularizing state doesn’t mean, the state don’t have
their any religious faith, recognition and others things, the only question is
about the state sponsored religion and their active involvement in protection
and promotion of one any religion with keeping in shadow for rest of the
religion.Another sect on revolution is bridging the vacuum in the country when
remaining things are silence to speak about the emerged issues. It is linked
with the doctrine of necessity for justifying of the revolution.
Although Black’s Law Dictionary,
eighth edition did not say anything about the doctrine of necessity rather it
defines necessity as a legal principle which is a “justification for a person
who acts in an emergency that he or she did not create.”Black’s Law Dictionary
further defines the Necessary and Proper Rule that arose from American
constitutional provision on the function of the congress which says that the US
can take appropriate measure when it is adapted to fulfil an objective.This
invariably means that the Congress, under the Necessary and Proper Clause, can
make any resolution to address any emergency situation .The term, Doctrine of
Necessity, was first used in 1954, in Pakistan when the Pakistani Chief Judge,
Muhammad Munir, validated use of emergency powers by Governor General, Ghulam
Mohammad. In his judgment the Chief Justice cited Bracton’s maxim, “that which
is otherwise not lawful is made lawful by necessity,” thereby providing the
label that would come to be attached to the judgment and the doctrine that it
was establishing.
The Doctrine of Necessity was also
invoked in 1985 in Grenada for the second time to permit a murder trial to
continue in courts that had been brought into being by an extra-constitutional
decree. In a 1985 judgment, the Chief Justice of the High Court of Grenada
invoked the doctrine of necessity to validate the legal existence of a court
then trying for murder the persons who had conducted a coup against former
leader Maurice Bishop.The court had been established under an unconstitutional
“People’s Law” following the overthrow of the country’s constitution, which had
subsequently been restored. The defendants argued that the court before which
they were being tried had no legal existence under the restored constitution,
and they were therefore being deprived of their constitutional right to a trial
before a “Court established by law.”
The High Court acknowledged that
the lower court “had come into existence in an unconstitutional manner”, but
“the doctrine of necessity validated its acts.” On this basis, the murder
trials were allowed to proceed.The doctrine was used for the third time in
Nigeria on February 9, 2010 when the National Assembly passed a resolution
making the Vice President, Goodluck Jonathan the Acting President and Commander
in Chief of the Armed Forces. Both chambers of the Assembly passed the
resolution after 78 days of absence of the President Umaru Yar’Adua who
is in Saudi Arabia receiving treatment and has refused to hand over power
voluntary as stipulated in the constitution.
Though, there was no such
provision empowering the National Assembly to pass such resolution in the constitution,
the Senate President, David Mark, said the Senate was guided by the “doctrine
of necessity” in arriving at its decision. While reacting to the usage of this
doctrine, a constitutional lawyer, Chief Mike Ezek home, said that “the
decision is constitutional, legal, legitimate, and appropriate and meets the
need of justice.Under the doctrine of necessity, this decision is well taken.”
He corroborated this by one of Hippocrates, the father of medicine‘s lecture
that “a desperate disease needs a desperate remedy.” Another legal
practitioner, Mallam Yusuf Ola-olu Ali, (SAN), was of the opinion that the
doctrine of necessity was not unconstitutional in the context which it was used
by the Senate.
He said “if for instance, a law
said that you should use your left hand and the left hand is incapacitated and
cannot be used, to use the right hand will not be out of law since the law did
not say you should not use it.The reliance of the doctrine of necessity as used
the by the National Assembly at a time like this was in the interest of the
entire Nigerians, more so, when the country had been without a recognized head
for so long a time. Chief Richard Akinjide, SAN once said in one of the
interviews he granted the media that “It is not enough to be talking about
constitution, there are other two critical elements, and they are: national
interest and conventions.
The two are as strong as the
constitution.” To lend credence to this, another Professor of law, late Funsho
Daramola once said that “a judge who wishes to give a just solution ought to
ask what a society is seeking which solution will end to this ends.” In this
way, the constitutional revolution justify through application of necessity
principle.The application of necessity principles only can provide the better
solution for a particular problem like the constitutional deadlock,
constitutional silence, constitutional vacuums, constitutional crisis and
others.
A number of application will we
find regarding the uses of necessity principle for giving legitimacy of acts
which used to be considered illegitimate in other conditions.Some of non
forgettable inferences of the revolution which had occurred throughout the
world are like, French revolution, American Independences revolution,
Bangladesh Revolution, India Independence revolution, Cubic revolution, Russian
revolution, Chinese revolution and Nepalese revolution etc. The discrimination
can’t be justified by any means of the world for instances, the people of far
western Nepal were dying in lack of medicine, water, food, proper security
while the people of Kathmandu are enjoying all the facilities provided by the
government.
The people has made revolt not for
to have the civil mall or buildings like then Monarchy palace but for to have
twice food in day. The revolution has brought a lot of changes in the Nepalese
society while destructing huge amount of property. A serious question arise,
whether a person have right to revolt against the maltreatment from another
person or not.The world was when sense of brotherhood and common values are
practised. Any form of revolution will justify, if it concern with the human
beings and their development. There is small incidence which justify the
revolution:-
There are number of these kinds of
examples in the poor country where the generous students have to face number of
problem to survive and march ahead in the academic life for good score. One
side, the privatization and globalization has brought sense of competition in
each discipline while in another hands the poverty and dependency has increased
a lot.The governments are silence for such matters. Finally the generous
students have to engage in revolution for their rights. World has the same
story. If we recall and study the facts about the children involvement
in the ten years civil war in our country, we will have the same inferences
like Rojina. They were compelled to leave the school and become freedom fighter
in the early childhood, when they had to have special care from the family and
time to build the base for the education.
The children were not to be stand
for the revolution but they did because the cause was genuine. They were
fighting for the rights of coming generation and also for their inherent rights
which has stolen by someone. Rabindranath Tagore in
“Gitanjali “Children build their houses with sand and they play with empty
shells. With withered leaves they weave their boats and smilingly float them on
the vast deep. Children have their play on the seashore of worlds.They know not
how merchants sail in their ships, while children gather pebbles and scatter
them again. They seek not for hidden treasures; they know not how to cast
nets.” The revolutionary idea doesn’t bear in the well furnished houses but in
the slums areas.The enslaved history of human society is not far behind from
the modern developed society. It was time when slavery was justified, apartheid
was legitimized, internal colonization was valid and finally virginity of girls
was supposed to treat as good means for success of the land lords.
This is the history which had
legacy of subordination, treatments like worst animals and keeping in
subjection to majority of people.Under colony period of India, the vast
majority of population were beneath of foots of few white people. Under number
of periphery, Indian independence revolution was justified. The French
revolution had the same sort of history.
