7 ms·

So, is kidnapping not a crime in India?

by oxryly1 11y ago

thedesihobbit 11y ago
Not exactly kidnapping. More like curtailing someone else's liberty and freedom of movement. He was restricted in his office space. The funny thing is: there were police and politicians involved on the scene! If they too cornered him, forget about crimes and the application of law.
- HeyLaughingBoy 11y ago
  Funny to see how different some things are in other countries. In the US, if I restrict you in your office space that's unlawful imprisonment, which is a Federal crime and my ass will be hauled off to jail pretty fast.
  - abhi3 11y ago
    It's the same in india and since the employees were holding him to make him satify some claims it's an offence of even higher degree. https://www.kaanoon.com/indian-law/ipc-348/ https://www.kaanoon.com/indian-law/ipc-348/ All the employees could still end up in jail for 3 years though its not likely.
  - drl42 11y ago
    This is in the context of a labor dispute. This is a tactic known as "gherao" or a Lock-in (vs a Lock-out) https://en.wikipedia.org/wiki/Lockout_%28industry%29#Lock-in https://en.wikipedia.org/wiki/Lockout_%28industry%29#Lock-in
  - thedesihobbit 11y ago
    Sorry for not being clear. The law would say that it's a criminal act. But law is only words on paper, on the word, it is the sensibilities of the people that gives law its force. Most people here would condemn the founder and think the gang was justified in bullying the founder. Take a look at any comment thread. Hence law is of no effect.
    - oxryly1 11y ago
      Hence "rule of law" being such an essential challenge/opportunity facing so much of the developing world.
      - HeyLaughingBoy 11y ago
        He's got a good point, though. Consider how many people go flying by a SPEED LIMIT 55 MPH sign at 70 mph. Or the ear-to-ear grin on the mug shot of the mom who was arrested for beating the guy who molested her kids. I'm sure at that point the cops were just going through the motions and she was released in hours.
tn13 11y ago
Indian law and Indian in general do not understand the idea of law and individual liberty. Hence a lot of sensible things that you might expect from law enforcement in developed world does not work well in India. In India police mostly see themselves as keepers of peace and would use arbitrary force to keep things from escalating. Indian laws are complex and hence cops can do whatever they want without impunity. Check what happened to this Australian [1]. Not only he was harassed by people but the police made him write an apology letter to those people who manhandled him. (All because the guy had a tattoo that offended other people.) There are some other crazy things in India for example "Right to Education" law which basically forces to shut schools down if they do not comply with arbitrary clauses but only if the school is run by a Hindu. If the school is run by a Christian or Muslim the school need not comply with the law. [1] http://bit.ly/1HiJdRo http://bit.ly/1HiJdRo
- nindalf 11y ago
  I'd love to see a citation on that last line.
  - tn13 11y ago
    Citation is provided by the comment above. You can check this activists blog which may cover other doubts you have https://realitycheck.wordpress.com/ https://realitycheck.wordpress.com/.
- abhishivsaxena 11y ago
  It doesn't matter who runs the school. However if the school identifies itself as a minority institution it doesn't have to comply with RTE guidelines as per the constitution bench of Supreme court. Here's an excerpt from a newspaper report. However, the constitution bench exempted minority schools, both aided and unaided, from the purview of the Act. It said minority schools could not be put under legal obligation to provide free and compulsory elementary education to children who were not members of the minority community which had established the school. It said, "In our view, if the Act is made applicable to minority schools, aided or unaided, the right of the minorities under Article 30(1) of the Constitution will be abrogated. Therefore, the (provision of the) 2009 Act, which made it applicable to minority schools is unconstitutional." [1] So it's more about minority rights, than about religious discrimination which your post seemed to suggest. Quite mischievously too if I might add. And so far as schools being shut for not complying with some "arbitrary clause", it is actually more about private schools refusing to fulfil 25% reservation for children from socially backward communities. You also left that out. Jai Hind! [1] http://indianexpress.com/article/india/india-others/25-pc-reservation-for-minority-institutions-invalid-under-rte-act-sc/ http://indianexpress.com/article/india/india-others/25-pc-re...

So, is kidnapping not a crime in India?

by oxryly1 11y ago

So, is kidnapping not a crime in India?

Not exactly kidnapping. More like curtailing someone else's liberty and freedom of movement. He was restricted in his office space. The funny thing is: there were police and politicians involved on the scene! If they too cornered him, forget about crimes and the application of law.

HeyLaughingBoy 11y ago
Funny to see how different some things are in other countries. In the US, if I restrict you in your office space that's unlawful imprisonment, which is a Federal crime and my ass will be hauled off to jail pretty fast.
- abhi3 11y ago
  It's the same in india and since the employees were holding him to make him satify some claims it's an offence of even higher degree. https://www.kaanoon.com/indian-law/ipc-348/ https://www.kaanoon.com/indian-law/ipc-348/ All the employees could still end up in jail for 3 years though its not likely.
- drl42 11y ago
  This is in the context of a labor dispute. This is a tactic known as "gherao" or a Lock-in (vs a Lock-out) https://en.wikipedia.org/wiki/Lockout_%28industry%29#Lock-in https://en.wikipedia.org/wiki/Lockout_%28industry%29#Lock-in
- thedesihobbit 11y ago
  Sorry for not being clear. The law would say that it's a criminal act. But law is only words on paper, on the word, it is the sensibilities of the people that gives law its force. Most people here would condemn the founder and think the gang was justified in bullying the founder. Take a look at any comment thread. Hence law is of no effect.
  - oxryly1 11y ago
    Hence "rule of law" being such an essential challenge/opportunity facing so much of the developing world.
    - HeyLaughingBoy 11y ago
      He's got a good point, though. Consider how many people go flying by a SPEED LIMIT 55 MPH sign at 70 mph. Or the ear-to-ear grin on the mug shot of the mom who was arrested for beating the guy who molested her kids. I'm sure at that point the cops were just going through the motions and she was released in hours.

tn13 11y ago

Indian law and Indian in general do not understand the idea of law and individual liberty. Hence a lot of sensible things that you might expect from law enforcement in developed world does not work well in India. In India police mostly see themselves as keepers of peace and would use arbitrary force to keep things from escalating. Indian laws are complex and hence cops can do whatever they want without impunity. Check what happened to this Australian [1]. Not only he was harassed by people but the police made him write an apology letter to those people who manhandled him. (All because the guy had a tattoo that offended other people.) There are some other crazy things in India for example "Right to Education" law which basically forces to shut schools down if they do not comply with arbitrary clauses but only if the school is run by a Hindu. If the school is run by a Christian or Muslim the school need not comply with the law. [1] http://bit.ly/1HiJdRo http://bit.ly/1HiJdRo

nindalf 11y ago
I'd love to see a citation on that last line.
- tn13 11y ago
  Citation is provided by the comment above. You can check this activists blog which may cover other doubts you have https://realitycheck.wordpress.com/ https://realitycheck.wordpress.com/.
abhishivsaxena 11y ago
It doesn't matter who runs the school. However if the school identifies itself as a minority institution it doesn't have to comply with RTE guidelines as per the constitution bench of Supreme court. Here's an excerpt from a newspaper report. However, the constitution bench exempted minority schools, both aided and unaided, from the purview of the Act. It said minority schools could not be put under legal obligation to provide free and compulsory elementary education to children who were not members of the minority community which had established the school. It said, "In our view, if the Act is made applicable to minority schools, aided or unaided, the right of the minorities under Article 30(1) of the Constitution will be abrogated. Therefore, the (provision of the) 2009 Act, which made it applicable to minority schools is unconstitutional." [1] So it's more about minority rights, than about religious discrimination which your post seemed to suggest. Quite mischievously too if I might add. And so far as schools being shut for not complying with some "arbitrary clause", it is actually more about private schools refusing to fulfil 25% reservation for children from socially backward communities. You also left that out. Jai Hind! [1] http://indianexpress.com/article/india/india-others/25-pc-reservation-for-minority-institutions-invalid-under-rte-act-sc/ http://indianexpress.com/article/india/india-others/25-pc-re...