Topic

Fundamental rights

9 petitions

Started 2 months ago

Petition to Thaawar Chand Gehlot, Ramdas Athawale, Krishan Pal, Vijay sampla, Maneka Gandhi

Ban arbitrary discrimination by housing societies in Indian cities

The Problem Young working class is the backbone of any progressing nation. However; in India they are the most ill-treated when it comes to finding a place to stay in a new city where they go to find work. I am married to an aspiring vocalist who has moved to Mumbai to find and pursue a career in music, where as of now I continue to stay in Bangalore. Surprisingly, more than the Mumbai prices, it was the harassment and torture we received at the hands of housing societies that left us helpless. Even if the owner of a flat is fine with giving us a house, the housing societies overrule a tenant because he/she is going to live single (I continue to stay in Bangalore as of now). My wife cannot share her apartment with 2 girls to share the rent, because single girls call male friends to their house. And why is that a problem? Because if they do so, they must be prostitutes. If you are not from a regressive family, housing societies ruled by archaic mindsets are more than willing, even too eager to perform the kind act of giving character certificates to your wife for you! Are you a single male? Please stay away because you must be a known trouble maker. How is that? Because we said so. Are you trying to find work? So, you are a struggler? Stay away, because you will commit suicide. And of course, the discrimination against communities and religions. These lowly, harassing and offensive remarks and discriminating acts are made nonchalantly and openly by the people running the housing societies. Please note these are the cases where the house owner/landlord is OK with you occupying their property. The Aim Through this petition, I want to represent and get help for thousands and thousands of young people that face this treatment, just like we did and continue to do so, and get the required change in the system that helps them exercise what is only their fundamental right. I was advised by lawyers to file a writ petition to high court to drag a particular housing society to high court; but I don't want to stick to solve one individual's problem (see this Q&A page for details where I got this advice from a lawyer: https://www.kaanoon.com/154450/can-apartment-associations-form-laws-that-are-discriminating-and-against-fundamental-rights ) but ensure that a fair and just social setup exists for everyone, and there is no need to file individual writ petitions. The Solution Since housing societies come under State under article 12 of the Constitution of India, and these acts prevent exercising the fundamental constitutional right of having an equal opportunity, we ask the decision makers of Ministry of Social Justice and Empowerment, and also those of Ministry of Women and Child Development to ban housing societies from discriminating people based on age, gender, caste or any such factors and restrict them to at most at requesting and accepting police verification only.

Reetesh Ranjan
14 supporters
Update posted 2 months ago

Petition to Chandrababu Naidu, Arvind Kejriwal, Devendra Fadnavis, Siddaramaiah

Order of uniform laws for tenant all over India. Stop #TenantExploitation

Summarising points as I feel description is a bit lengthy so many supporters might not read it all 1) We are raising voice against Tenant Exploitation and demand a uniform tenant law.2) No discrimination should be practised based on marital status/bachelor or married couple staying away from family.3) A stricter law which applies to societies, owners as well as to tenant which ensures any wrong practice, illogical rules and regulations aren't imposed based on emotions or mentality of few. 4) Proper check on amount of security deposit asked from Tenants (likes of Bangalore asking 10-11 months of security deposit)5) Stop discrimination on usage of society amenities for bachelors or tenants. If owners are paying for amenities, tenants should also be allowed to use facilities upon payment. Many societies don't allow tenants to use Gym, swimming pool, common recreation areas.  If you feel being harassed and ill-treated and could connect to any of the above mentioned point, please SIGN this petition. You can read more below as I have mentioned issues in detail. FULL Context Below:India is a independent country with centralised judiciary, laws and rights as per our constitution. Our rights are common to everyone be it rich or poor, educated or illiterate. And we all know this too. I had to bring this as few associations or people; even the well educated ones, forget about them and at times feel much more superior to constitutional rights. Every now and then, we see cases of tussle between tenants and society, where latter always seem to have an upper hand and dictate terms even if it's incorrect as per law. This kind of behaviour is common in Pune and Bangalore and I am sure it will be similar if not worse in other parts of urban India. Even the well educated senior citizens of our country criticise and continuously push societies/associations to have strict rule for tenants be it bachelors or family. This categorisation of tenant based on marital status(married couple with family staying away/unmarried /live-in), gender and native is another form of hypocrisy pushed deep into our roots even in 2017. We are looking at 2020 and hoping to be a developed nation but it can never be achieved if thoughts of citizens are still under-developed or I should bluntly say backward. Rules are formed and modified at will. Had they been equally proactive towards other issues like water, electricity, greenery, etc and followed norms for security as per law, things would have been really good. But no, 90% of their concentration is towards tightening the screws for bachelors or tenants. Even the promised amenities to owners/landlords are not provided in most of the societies when a flat is given on rent. Owners are still paying maintenance and even then societies are failing to maintain proper functioning of gym, swimming pools, club houses and everything else. Being an owner or president of society doesn't mean the person to just objectify tenants and ignore wrong deeds of owners. Today, societies are seen pointing out tenants for smoking, drinking, guests, interactions with other residents and even standing in balconies (I will share one such recent notice in attachment). Where are the rules for owners then? I have seen and many of us would also agree that owners have visited public or common areas with cigarettes in their hand walking casually. Or over a weekend an almost fainted owner returning late night from a party creating disgusting scenes in parking lots, lifts, stairs, etc. Have they being reprimanded by society or been fined heavily for this behaviour or threatened to leave society? Answer is NO and society association can't even do that since they had purchased the flat. So, in same way tenants specially bachelors are paying more rent then any family will ever pay for same flat. Bachelors are forced to pay 10% extra each year which they have to agree but one cannot force a family tenant to pay 10% extra every year. Recently, a lady posted about being checked by her society about male friends visits at her flat. Even when her owner dint have any problem with it, some cheap minded people in society pointed out that to society officials seeking an action. I believe she was first warned indirectly and when thing dint work out their way, society went one extra mile in taking pain of pasting a notice just opposite her flat's main door saying opposite gender visitors should be avoided or strict action will be taken. Can you believe it? I am 100% certain that same society would not have even bothered if tenants had complained about wrong deeds by any of the owner. In this case this was a lady who was reminded and warned publicly about something that doesn't even count as wrong. For a male bachelor, situation is even worse as they are seen like drunkards, smokers, hippies, ill-managed, pathetic human beings who even after working 5 days a week, 10 hours per day and spending most of their day in office, can't even stand in their balconies and are considered threat to overall comfort to other residents and facilities in the society. I am not a bachelor but a tenant who recently got married. Since I am staying away from family, only I and my wife stay here in Pune. We have visitors over the weekend like any other owner would have over the weekend. Sometime we go out with female friends to market or late night for parties. Since few of stalkers (oldies and young) keep track of who goes where and with whom, they doubted if I was a bachelor or married. Even I already had submitted my rent agreement where it is clearly mentioned that I am married along with police verification and owner personally went to society's desk to confirm that. I remember one such day in last month when I went to market with my female friend while my wife was at home handling other friends at flat. A guard came running behind me and stopped me to ask if I was married or unmarried. I was surprised and then got angry with this disgusting question. Not that I found this question foul because he was asking me if I am married but just because I went out with a female friend to market and it had happened in past, someone (I know who it could be, a respectful senior citizen being completely idle, living here since inception and thinking as if he is the society owner himself) who was more than interested in my life told guard to ask this from me. To which I replied him to let the question come directly to me from the one who asked and should I paste a tag or something on me which should confirm if I am married or un-married. Who are these educated illiterates who based on marital status could judge and spread false news to everyone else in the society? Even in small altercation, when they come to know that other person is a tenant, confidence level goes to maximum as its a general notion amongst owners/society presidents hat tenants need to keep their tone soft. Additionally there are cases of owners/landlords/brokers asking for 10 months security deposit in Bangalore. From where will a fresher give 10 months security deposit if he/she has just passed from college. Don't people thing before making a rule? These are general problem that I had seen when I was bachelor and now also I am facing even after marriage. We are ready to abide by rules but those rules should not be specific to tenants only. Rules are for everyone and if exceptions are to be made for bulk of residents then there is no point in implementing them. Also most important motive is to let this reach everyone in Pune/Bangalore, etc. So that people could share their experience and most importantly share snaps/proofs and experience of these wrong doings.  We want Hon'ble Minister of State for Housing and Urban Affairs along with Chief Ministers of Maharashtra, Karnataka, Delhi, Telangana and Andhra Pradesh to push for a Uniform Tenant Law with following inclusions: Procedure for reporting unethical laws pushed by Societies/welfare associations. Strict restriction on security amount equivalent to 2 months rent and mechanism to report the same if forced. Making welfare associations to adhere to guidelines and code of conduct set by government and ministries. Preventing cases of exploitation of bachelor tenants against societies that deny flat/house on rent to them. Lastly I would like to urge all the tenants, be it bachelor or family, please don't overdo things thinking you will find a new flat if current society interferes. People like these make it difficult for well behaved ones too and should be poked for any wrong doings. The fight is not against owners/landlords/societies only but against wrong practices which need not be forced to anyone. Looking forward for people's support via comments and snaps of any wrong doing and unethical laws. I am not a professional at writing petition and all so I also would like to take constant feedback from everyone to improve this post so that our government gets clear message.  - Amit   

Amit Bhardwaj
1,660 supporters
This petition won 3 months ago

Petition to Mr.Palaniswamy , Karima Bennoune, David Kaye, Annalisa Ciampi, Michel Forst, Nilanjan Mardi, S. S Poovalingam, Satyanarayan Mohanty, A. K. Vishwananthan, Shri Srinivasa Kammath

Noone should be arrested for mourning

Human rights activists Thirumurugan Gandhi , Daison Jose , Ilamaran , Arun who were arrested on 21.5.2017 for conducting candle light vigil for the dead in the Srilankan civil war, have been booked under  “The Goondas Act” . They were denied bail on 25.5.2017, initialy they were held under different charges. After sensing that the original charges filed against them will not hold judicial scrutiny, The Tamilnadu Police Charged the activists with “ The Goondas Act “. They are detained in Puzhal Central Prison. Thirumurugan Gandhi, is one of the most committed and honest activist from Southern India, who fights for the democratic rights of all people for the past nine years. He consistently advocates for the democratic aspirations of Eelam Tamils, Palestinians, Kurds , Kashmiris ,Western Saharans and  Sikhs , he also regularly lobbies with the diplomats of the global south to realize the interests of the nations without state power, indigenous people groups and communities which have faced war crimes comitted by the global powers at the Geneva human rights sessions of the United Nations (UN) for the past three years. He has represented Tamil civil society in Permanent people’s Tribunal for Srilanka in Dublin and Ireland (2010 and 2013). To introduce Permanent people’s tribunal, it is an opinion tribunal whose activities include identifying and publicizing cases of systematic violation of fundamental rights, especially cases in which national and international legislation failed to defend the rights of the people. He has also been in the forefront to call for the justice during the custodial murder of migrant laborers,asserting water rights of the farmers , campaigning and protesting for worker rights ,refugee rights, disability rights , campaigns against death penalty, fighting for the rights of the linguistic and religious minorities, Tribal rights, Transgender rights and  have  been active in protesting against new WTO rules pertaining to public distribution system, privatization of electricity , Eco-sensitive projects like hydraulic fracturing, and against commissioning of Nuclear reactors in dense populations. His organization “May 17 movement” stood firm in opposing the Free market-Hindu fundamentalist policies of the Modi Government from day one. He is also a frequent participant in television debates pertaining to the issues mentioned above in regional and national media. His Strong Convictions and uncompromising attitude in standing for the weak have unsettled many powerful people and groups in India. One of the many reason, he is being hounded now. From 2011, every year Chennai’s marina beach hosts remembrance for the fallen Tamils lost during the end of the genocidal war. The event which receives wide participation from Ordinary civilians of every political complexion including Writers, Artists, Human rights activists, Students and lawyers became a place for collective mourning to respect the fallen. This event acts as a focal point in the public discourse to bring the perpetrators of the horrific crimes to account for their evil deeds. The United Nations Basic Principles on the Right to  Remedy and Reparation recognizes “commemorations and tributes to the victims” as a form of reparation. It also became an event where the remedies for the crimes are contemplated and discussed. Overtime, due to the increased political consciousness of the public and the activists coordinating the event, the place also became an important venue where injustice happening to Kashmiris, Kurds, Migrant laborers, Women, Physically challenged, the fisher folks, and the tribal folks started receiving serious attention and a place of expression of solidarity. The event has occupied a important place in the Tamilnadu’s cultural calendar. “Remembering the dead is a fundamental right of the culture of every people and begs the question of how weeping commons, remembering their loved ones, can threaten public order and safety? The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), called “The Goondas Act” in short is a preventive detention law used by the state governments to attack and intimidate political opponents who speak truth to power. This legislation tramples upon the personal liberty of a citizen without giving him a chance to opt for judicial scrutiny, The Act is meant to be used only under exceptional circumstances in cases of grave and imminent threat to public safety and order. A total of 8,450 of them have been detained under the Goondas Act and the NSA since 2011 and many of them have been thrown outside by the court. One of the main principles of legal jurisprudence is that any person accused of any offence should be given an equal chance to be heard and to defend himself in the courts of law, This preventive law denies the detained person this chance. The procedure requires that within seven weeks of detention, the detainee should be brought before the Board, which has three retired judges as its members. When these avenues fail, the higher courts can be approached. The majority of the cases have been habeas corpus petitions on which the higher judiciary ruled in favor of the victims, coming down heavily on the States mainly for non-application of mind and procedural lapses. One of the main principles of legal jurisprudence is that any person accused of any offence should be given an equal chance to be heard and to defend himself in the courts of law, This preventive law denies the detained person this chance. It is therefore apparent that the purported charges are mala fide and dangerous to the functioning of healthy civil society. It is to be noted that the legal attack is part of the trend where the rulers of the Indian Union trying to dismantle, intimidate, coerce dissenting activists. Noone should be arrested for mourning the dead. When RSS can be given permission to hold rallies on Marina Beach and ADMK members can assemble in large numbers there to pay homage to Jayalalitha, why should other social organisations or political parties be prevented from using Marina Beach for their public events? Will the Chennai police stop bowing down abjectly to the parties ruling centre and state and show some spine in implementing laws impartially? We are worried about the shrinking democratic space for reason and deliberation, one of the cornerstones of a constitutional democracy. We call upon all the democratic forces across India to show solidarity to one of our fellow beings. Strike Down the draconian "The Goondas Act" Immediately We deplore the recent wave of arrests by the government of Tamilnadu and the use of force to disperse peaceful protests.  We demand the immediate release of all political prisoners, an end to political prosecutions, and a return to the rule of law and respect for human rights. Government authorities must respect dissent and their own constitution.  We therefore demand our fundamental rights be respected and immediate release of the political prisoners. We urge the government authorities to ensure the physical and moral integrity of all the activists detained. We ask you write to the Indian authorities, Indian diplomatic representatives and to the Ministry of Foreign Affairs in your respective countries to draw their attention to your concerns and forward them this statement      

Maxwin rayen
13,486 supporters
Update posted 4 months ago

Petition to Chairman IRDAI

Stop Insurance Co rebating of premium by Direct Marketing, IRDAI keep competition Fair.

The Problem In the past couple of years, a few insurance companies have aggressively started direct marketing or B2C initiatives by tapping into the existing large client databases. The Direct Marketing team of such companies are offering the same products generally marketed by insurance agents, advisors, corporate agents/banks, brokers, insurance marketing firms and other Intermediaries ("Agents"), but at “discounted or rebated premiums". This practice is affecting the livelihood and competitiveness of agents, corporate agents/banks, brokers and other intermediaries, since obviously clients are lured to purchase a policy at “rebated premiums". Why should the Agents be subject to this unfair business practice ?  Agents are required to have a minimum qualification to undergo mandatory training, pass an exam and then get licensed by IRDA, only after which they are permitted to acquire new clients and solicit business for the insurance company. Agents are trained to analyse the client’s existing insurance, suggest additions or changes, explain the features of various policies and customise insurance solutions to suit clients needs. They also provide administrative services, such as keeping records, assisting in policy renewals and help policy holders in settlement of claims. For the above, the Agent earns a commission from the company. Are the Direct Marketing employees trained and licensed by IRDA to provide the above services which an Agent is trained and licensed to provide ? if not, then an Agent is put in a disadvantageous position if a policy is purchased from the direct marketing employee vis-a-vis an Agent due to the above and the predatory pricing that is currently prevalent.  Section 41(1) of Insurance Act 1938 states that “No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the Policy, nor shall any person taking out or renewing or continuing a Policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectus or tables of the insurer: Provided that acceptance by an insurance agent of commission in connection with a Policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this sub-section if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. "The Insurance Act, 1938 does not permit the offering of any rebate on the commission payable or any rebate of the premium shown on the policy.   41 (2) Any person making default in complying with the provisions of this section shall be liable for a penalty which may extend to ten lakh rupees." The insurance company's direct marketing initiative of offering policies at a discounted premium is nothing but a "rebate of premium" in disguise. It may be argued that the company may have sought approval from IRDA to offer discounted premiums for direct clients but this would defeat the very objective and intent of Section 41 which essentially does not permit rebating of premium.  Further, an Agent and a direct market employee have a similar relationship as such with an insurance company, although the manner of compensation differs. The difference, as I understand, is that the direct marketing employee gets a fixed salary plus incentives, while an Agent does not get the benefits of a fixed salary and is purely dependent on variable commission and incentives.  I strongly believe that this is an unfair business practice, which is leading to unhealthy competition and may adversely impact the insurance industry in the near future. IRDA needs to urgently address this issue of “rebating of premium”, which if continued to be permitted, would affect the livelihood and competitiveness of more than 2.2 million Agents, Corporate agents/Bank, brokers and other intermediaries, who have been the back bone in the past and will be  instrumental to the growth of the Insurance Industry in future. Way Forward :- IRDAI must regulate the published prospectuses or tables  rates of the insurer at fixed rates for direct marketing teams, Agents and all intermediaries. The clients are free to choose direct marketing or Agents based on their quality of advice and services. We are very much for competition but it must be fair and on a level playing field. We must collectively urge IRDAI to stop insurance companies from rebating of premiums and predatory pricing strategy, so that Agents and all intermediaries can focus on increasing the insurance penetration in India rather than fight a failing battle with an Insurance company's direct marketing team based on price.  I have decided to protest against the "rebating of premium" and predatory pricing strategy adopted by Insurance companies by wearing a Black Tie to work everyday, I request you to do the same or at least wear a Black Ribbon or arm band everyday or at official meetings and functions as sign of peaceful protest against this unfair and unethical business practice.  Objective: The objective is to stop the unfair competition, predatory pricing strategy and prevent mass unemployment amongst 2.2 million + Agents. This petition is not intended to be against any particular insurance company but is only against the unethical and unfair insurance industry business practice of “Rebating of Premium”. If you have any queries or would like to discuss this issue, please feel free to call/whatsapp me on 9892219020 or email prakashsmahtani@gmail.com. I will be happy to hear from you.  I request you to Sign this petition and forward to others on Whatsapp groups and like, comment or share on Facebook, so that we can together mobilise a large number of Agents and garner strong support to stop “rebating of premium” by Insurance companies with the help of IRDAI. I sincerely thank you for your kind attention and support. Prakash Mahtani Disclaimer : The views and opinions expressed in this petition are solely those of the author and do not reflect the views, official position or policy of any company or agency in any manner whatsoever. 

Prakash Mahtani
153 supporters