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Puneet2
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This House deeply expresses its serious concern over the rising incidents of
violation of Human Rights in various parts of the country and urges upon the
Government to take effective steps to curb the occurrence of such incidents. I
am a Member of this House for the last 32 years.I have never seen this
House ever had a structured debate on a very important subject pertaining to
millions and millions of people of our country. We debated and we raised the
issue whenever there was any incident of human rights violation, but there had
not been a structured debate on this important subject which is agitating the
people of the country. Today, I am raising this subject because I found thal
even after constitution of National Human Rights Commission in 1993, the
number of incidents of violation of human rights has not reduced and it is
increasing day-by-day. I have the figures for the last three years where you
will find how the number of incidents has increased. In 2006-07, it was around
82,000, next year it increased to approximately one lakh and then it came
down slightly to 90,000 but it is still more than the number of incidents that had
taken place in 2006-07. You will be surprised to know that in one year, the
incidents of custodial death have increased to more than one thousand and so
also the cases of murder. The Right to Life is a Human Right and a
Fundamental Right. The right to have a decent living is a Fundamental Right.
But what is the situation today in our country? A substantial percentage of the
population do not have decent living. .If one-fourth of the population has to go
empty stomach daily even after 65 years of independence, will it be treated as
decent living? This is the situation today prevailing in our country. If a
substantial percentage of women are suffering from malnutrition, is it a decent
living? The Prime Minister had called it a national shame. Lakhs and lakhs ol
people are living in slums without any amenities, without any facilities in unhygienic condition.
Once such an instrument is duly executed, the Registration Act allows it to
be registered even though the donor may not agree to its registration and
upon registration, the gift takes effect from the date of execution. It was
further held, that the doctrine that a donor who has left his gift incomplete
cannot be compelled to complete it, has no application to a case where the
donor, by executing the deed has done all that he needs to do; registration
can be effected even without his cooperation. If the interpretation of
Section 123 of the Transfer of Property Act and Section 47 of the
Registration Act as canvassed by the defendant were to be accepted, it will
open the doors for all purchasers of immoveable property to avoid payment
of stamp duty on the sale deeds and become owners only on the basis of
executed unstamped and unregistered sale deed and claim to be unable to
pay the stamp duty and have liberty to pay the stamp duty whenever they
desire. I may in this regard notice that Section 54 of the Transfer of
Property Act pertaining to sales is at par with Sections 422 and 123 of the
Act pertaining to gifts. I may in this context also record that per Section 17
of the Indian Stamp Act, 1899, instruments chargeable with stamp duty and
executed by any person in India have to be stamped before or at the time
of execution and per Section 29 thereof, in the absence of an agreement to
the contrary, the expense of providing the proper stamp duty is to be
borne, in the case of a conveyance and which would include a gift, by the
grantee i.e. donee as the defendant claims to be in the present case. The
counsel for the defendant, in rejoinder, contrary to his earlier categorical
stand that the defendant is not seeking enforcement of the gift, argued that
the suit be put to trial to determine the intention of the parties. .It is also
argued that it is to be determined in trial, as to who is in possession of the
property.