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Courts are not always heroes and Legislatures are not always villains

Siddhant Mishra
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Courts are not always heroes and Legislatures are not always villains

The approach to interpretation of Constitution should be by emphasizing on primacy of the texts at the time it was enacted. The courts and more specifically the Supreme Court as a final interpreter should not have an undertone different from the original constitution as failing to do so will cease the law passed with democratic legitimacy. The change should come through democratic constitutional amendments and not through the ‘fast-win’ via courts thereby bypassing the proprietary of parliament.

There are two camps of Judges – one with more expansive approach of the constitution and then the others who take more textual approach of the constitution. The focus is not to compartmentalise the Judges rather it is on the laws moreover the black robe symbolises that all judges share a dedication to the rule of law and that they are engaged in a common enterprise of applying the law by separating it from there own personal preferences and interpretations.

The moot question is whether the courts while interpreting the question of the legislative or judicial precedent’s correctness can overrule the original texts of the constitution or statutes which were deeply rooted in our society by shadowing the more viable route of parliamentary amendment as envisaged by our framers.

Our foundational commitment is to the rule of law and Supreme Court of India has worked judiciously and mostly successfully to develop and uphold the rule of law. There has been however a lot of speculation lately about the courts being a mere political institution to settle scores which is a sad truth as can be seen in the plethora of cases filed before the court not because the petitioners have faced any travesty of justice but because they want to uproot the ‘original’ soul and fundamentals of constitution. The judges if they fail to caution against overenthusiastic activism then it will result in far reaching consequences of reducing the courts to a mere political arena.

The case of Indian Young Lawyers Association v State of Kerala is an interesting read where the majority 4:1 failed in their duty to interpret. Issue in the Writ Petition was a challenge to the validity of Rule 3(b) of the Kerala Hindu Places of Worship (Authorization of Entry) Rules, 1965 and sought directions to State of Kerala to permit female devotees between the ages of 10 to 50 years to enter Sabarimala temple without any restriction. 

The lone dissent of Justice Indu Malhotra has rightfully cautioned against overzealous campaign and adopted a textual approach while interpreting the fundamental rights to worship and practice one’s faith and religion. She warns that by permitting PILs in religious matters at the behest of non-practitioners, the Supreme Court will be allowing interlopers to question religious beliefs and practises and that the perils of such interventions are even graver for  religious minorities if such petitions are entertained.

Maintainability & Jurisdiction

On the issue of maintainability under  Article  32  for violation of Fundamental Rights, in the judgment she observed that the Petitioners do not claim to be devotees of  the  Sabarimala  Temple where  Lord  Ayyappa  is  believed to have  manifested  himself  as  a  ‘Naishtik  Brahmachari’.  To determine  the validity  of  long-standing  religious customs  and usages of a sect, at the instance of an association/Intervenors who  are “involved  in social developmental  activities especially activities  related  to  upliftment  of  women  and  helping  them become  aware  of  their  rights”,  would  require  this  Court  to decide religious questions at the behest of persons who do not subscribe to this faith.

Religious Denomination

Justice Indu Malhotra in her dissent has defined Lord  Ayyappa  at  Sabarimala  Temple as a religious  denomination,  or  sect  thereof,  as  the case  maybe,  following  the  ‘Ayyappan  Dharma’.  They are designated by a distinctive name wherein all male devotees are called  ‘Ayyappans’;  all  female  devotees  below  the  age  of  10years  and  above  the  age  of  50  years,  are  called ‘Malikapurnams’.  A pilgrim  52  on  their  maiden  trip  to Sabarimala  Temple is called a  ‘Kanni Ayyappan’. The devotees are  referred  to as ‘Ayyappaswamis’. A devotee has to  observe the  ‘Vratham’,  and  follow  the  code  of  conduct,  before embarking upon the ‘Pathinettu Padikal’ to enter the Temple at Sabarimala…  The religious  practises  being  followed  in  this Temple are founded on the belief that the Lord has manifested himself in the form  of a ‘Naishtika  Brahmachari’. It is because of this nishtha, that women  between  the  ages  of  10  to  50years, are not permitted to enter the temple.

Justice Indu Malhotra rightly cautioned the Judicial review of religious practises ought not to  be undertaken,  as  the  Court  cannot  impose  its  morality  or rationality with respect to the form of worship of a deity. Doing so would  negate  the  freedom  to  practise  one’s  religion according  to  one’s  faith  and  beliefs.  It would  amount  to rationalising religion, faith and beliefs, which is outside the ken of Courts.

Section 3 Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965

The meaning of constitutional text or statute is fixed at the time of its being enacted and  Section 3 of the Act provides that every place of public worship which is open to Hindus generally or to any section or class thereof shall be open to all sections and classes of Hindus and no Hindu of whatsoever section or class shall, in any manner, be. prevented, obstructed or discouraged from entering such place of public worship, or from worshipping or offering prayers thereat, or performing any religious service therein, in the like manner and to the like extent as any other Hindu of whatsoever section or class may so enter, worship, pray or perform. But the section contains a proviso that in the case of a place of public worship which is a temple founded for the benefit of any religious denomination or section thereof, the provisions of this section shall be subject to the right of that religious denomination or section, as the case may be, to manage its own affairs in the matters of religion. Every place of public worship which is open to Hindus generally or to any section or class thereof shall be open to all sections and classes of Hindus. “Section or class” includes any division, sub-division, caste, sub-caste, sect or denomination whatsoever.

Section 4(1) enables the trustee or any other person in charge of any place of public worship to make regulations for the maintenance of order and decorum in the place of public worship and the due observance of the religious rites and ceremonies performed therein. That section contains a proviso that no regulation made under that sub-section shall discriminate in any manner whatsoever, against any Hindu on the ground that he belongs to a particular section or class. Rules were framed under this Act. R. 3 prohibits the persons enumerated therein from entering or offering worship in any place of public worship.

Section 3 only prevents the restriction between one section and another section or between one class and another class among Hindus in the matter of entry to a temple. Moreover, the right conferred under Section 3 is subject to the restrictions imposed in R. 3. Women who are not by custom and usage allowed to enter a place of public worship shall not be entitled to enter or offer worship in any place of public worship. That amounts to a reasonable restriction and the entry in Sabarimala temple is prohibited only in respect of women of a particular age group and not woman as a class. The restrictions imposed by Devaswom Board is not violative of Articles 15, 25 and 26 of the Constitution of India.

What is permitted by Article 25(2) is State made law on the grounds specified therein, and not judicial intervention. The 1965 Act is a legislation framed in pursuance of Article 25(2)(b) which provides for the throwing open of Hindu places of public worship. The proviso to Section 3 of the 1965 Act carves out an exception to the applicability of the general rule contained in Section 3, with respect to religious denominations, or sect(s) thereof, so as to protect their right to manage their religious affairs without outside interference.

Conclusion

Is the constitution a strait jacket? No, it leaves a plenty of room to change and it makes no attempt to regulate every aspect of human life. It leaves power to change in the hands of parliament and that has given the constitution a flexibility to last. Courts however should interpret the Constitution in the light of ‘originalism theory’ and if judges abandon it or change it outside the legitimate process then we are imposing restraints on the people which they have not consented to as happened to the devotees of Lord Sabrimala.

Amnesty or travesty

venugopal
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Amnesty or travesty

In India, NGO or Non Governmental Organization have been established almost a century ago. India’s first NGO was founded by Tagore’s Nephews Sri Gaganendranath Tagore in the year 1917 to help weavers and artists of the Kolkatta handloom. The Bengal Home Industries Association was founded, and registered under the Indian Companies Act VII (Section 26) in 1917. The Bengal Home Industries Association is a non-profit sharing concern, which aimed o promote and develop cottage industries, arts, and crafts, and help poor artisans by purchasing raw materials for them, advancing them money, and helping them market their goods. The organization is still in existence.

The data of NGOs in our country is baffling. Can you believe there are neary 31 Lakhs NGOs registered in India? That roughly translates to one NGO for every 300-500 persons. What is most annoying is there is one police for 500 persons. So one question begs our attention, why so many NGOs for India? Are all the NGOs really working for the benefit of Indians or these NGOs mushrooming to attack India through subversion. Are some NGOs the façade for religious conversion? Why they are afraid to disclose their funding? Why only 10% registered NGOs file their balance-sheets with Registrar of Societies? No NGO is ready to answer these questions except for playing victim card.

“There are NGOs, often funded from the US and the Scandinavia countries, which are not fully appreciative of the development challenges that our country faces.”– Manmohan Singh, Former PM, India. These words fell out from the mouth of Sri Manmohan Singh, Former PM of India, from congress party. For a man who is nicknamed ‘Mounibaba’ by some opposition parties, who couldn’t speak about the Corruption and wrong practices of Congress party and tolerated the pain underneath his teeth, was rattled by NGOs and spoke out. This is one fine example of the menace called NGO.

Now at the eye of the storm is Amnesty India which decided to shut operations in India citing the freezing of its accounts by Government and alleges witch-hunt by the Government for reporting the Delhi riots and on J&K after abolition of Article 370 and 35A. What it conveniently ignored to publish is that only one account of the Amnesty is frozen out of multiple accounts (nearly 25 it is alleged) for violation of FCRA. And the organization doesn’t offer an explanation why it cannot abide by the law of the nation. And where/how their money was used? Or why they hired divisive hate mongers to head their outfit in India?

This is not the first time Amnesty is having a brush with controversy. It is notorious for its myopic views on Kashmir and especially concerning the issues of Muslims, was a partner with Taliban supporter. It is of no surprise that there are many loyal supporters of Amnesty in India and who started hounding the BJP as being authoritarian and fascist. What they conveniently forget to bring to everyone’s notice is Amnesty has shut its operations earlier also in regime of Congress.

Irony is at its best when the Congress MP Shashi Taroor tweets with his puerile argument that these actions will undermine the reputation of Indian democracy. This laughable congress member’s amnesia should be jolted to life by reminding that FCRA was enacted by their own Govt in 1976 citing internal security threat by foreign donations and contributions which was amended by them in 2010.

“माल है क्या?” देश में माल की कमी से जूझता ड्रगवुड, प्रधानमंत्री क्यों है खामोश

ajjju
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“माल है क्या?” देश में माल की कमी से जूझता ड्रगवुड, प्रधानमंत्री क्यों है खामोश

नमस्कार मैं आपका राजा रबिश कुमार!

भारत युवाओं से भरपूर देश की नींव रखता है, जहाँ तेजी से बढ़ती युवा जनसंख्या आज काफी परेशान हैं। कारण है “माल की कमी होना” प्रधानमंत्री मोदी जी आप हर बार मन की बात करते हैं लेकिन इन युवाओं की दिल की बात भी आपको सुननी पड़ेगी।

माल की कमी क्या होती है आप मेरे से पूछिए। 2014 से पहले मुझे बराबर मेरा माल मिलता था लेकिन जब से आपकी सरकार आई है तब से धीमे धीमे माल की कमी से मुझे जूझना पड़ रहा है। साल 2017 तो मेरे लिए इतना खराब रहा कि नशा पाने के लिए मात्र फोन से ही काम चलाना पड़ता है। ऐसा क्या हो गया कि देश में माल की इतनी कमी हो गई। माफ कीजिएगा दोस्तों भावनाओं में बह गया था।

दरअसल दर्द होता है, दिल से बुरा लगता है प्लीज प्रधानमंत्री जी प्लीज समझिए। लेकिन मैं जानता हूँ प्रधानमंत्री नहीं सुनेंगे घर पर गैस लगवादेंगे लेकिन जिसकी जरूरत है ‘माल’ वह नहीं दिलाएंगे। तभी देश का युवा आज माल ढूढने में व्यस्त है कि हमें प्रधानमंत्री से माल नहीं मिलेगा तो क्वान से लेंगे लेकिन लेंगे जरूर।

दीपिका जी से ‘माल’ के ऊपर गंभीर चर्चा

R&DTV अपनी पत्रकारिता के लिए जाना जाता है आज हम अपने युवा दर्शकों के लिए माल एक्सपर्ट लेकर आए हैं। दीपिका जी आपका हमारे चैनल पर स्वागत है। इससे पहले मैं उनसे कुछ प्रशन पूछता उन्होंने मुझसे पूछ डाला। “हे! रबिश, माल है क्या?” उनके चेहरे से नशा झलक रहा था।

उनके नशीली आंखों ने कुछ देर के लिए हमें भी मंत्रमुग्ध कर दिया, लेकिन मैं अपना सख्त लौंडा का अवतार न छोड़ने पर मजबूर हो गया जैसे ‘करण अर्जुन’ फ़िल्म में करण अर्जुन की माँ कहती है ‘मेरे करण अर्जुन आएंगे, धरती का सीना चीड़ के आएंगे। ठीक वैसे ही मेरे दिमाग मे ‘मेरा माल आएगा, सभी को छोड़ मेरे पास आएगा।

मेरे मुंह से कुछ लफ्ज़ न निकलने पर दीपिका जी परेशान हो गई और रबिश रबिश चिल्लाने लगी। उनके आवाज में ‘माल’ न होने का गम था। उनकी आवाज निकलकर भी मेरे पास तक नहीं पहुंच पा रही थी।

उनको इस गम का एहसास न दिलाते हुए मैंने प्रशन पूछने की शुरुआत कर दी।

मैं:- दीपिका जी, क्या आप बता सकते हैं यह माल क्या होता है?
दीपिका:- रबिश जी , माल….. , आप के पास ‘माल है क्या?’
दीपिका जी के आंखों से आंसू की बूंद साफ दिख रही थी,गला सूखा जा रहा था, जैसे आज दुनिया भर में पानी सूख रहा है लेकिन मैं काफी परेशान था इनकी सुई तो आगे ही नहीं बढ़ रही थी। दरअसल परेशानी दीपिका जी की नहीं थी खुद की थी अगर वे बार बार यही पूछती रही ‘माल है क्या?’ तो मेरी आँखों से आंसुओं की धारा निकलने लग जाएंगी और मर्द कभी रोता नहीं।

दीपिका जी को पानी देते हुए मैंने उन्हें सांत्वना दी, और प्रशन फिर पूछा यह ‘माल क्या होता है?’

दीपिका:- माल एक तरह का नशा होता है बिल्कुल खतरनाक, शराब के नशे से भी ज्यादा खतरनाक आप चेक करके देखें।

दीपिका जी का यह कहना उनकी छवि में मुझे साक्षात एक उच्च स्तरीय ड्रग डीलर का रूप नजर आ रहा था, मेरा भी मन माल लेने का कर ही गया। सफेद पाउडर को देखे मेरे नैन तरस रहे थे। बड़ी उम्मीद से दीपिका जी को टेबल के नीचे से इशारा करते हुए माल मांगा।

दीपिका:- मैं आपको जया जी का नंबर देती हूँ।

मैं:- हमें बेवकूफ समझें हैं का, दीपिका जी? थाली में माल लेंगे तो NCB वाले हमें भी दबोच लेंगे। हम प्रख्यात हैं ऐसे ही थोड़े न ले लेंगे। कह के लेंगे।

दीपिका थोड़ी मुस्कुराई और कहा कि आप मेरा नंबर ले लीजिए मैं आपको पर्सनली माल सप्लाई करूंगी। इतने में मेरा ध्यान उस इंसान पर गया जो यह वाक्य को अपने कैमरे में रिकॉर्ड कर रहा था।

उसको माल की थोड़ी किश्त देकर वीडियो को डिलीट कराना पड़ा। दोस्तों यह खबर मैं सिर्फ आपको ही बता रहा हूँ ‘इशारों को तो समझो राज को राज रहने दो’

धन्यवाद।

Manusmriti: Why maligned and defamed?

Sanat Bhardwaj
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Manusmriti: Why maligned and defamed?

Scripture as old as 2nd century BC which is orated in chaste Sanskrit following truthful and impeccable purity of Panini “Asthadhyayi” should have been matter of splendid inheritance and pride of intellectual competence for any civilization.

Yet the, discourse around Manu Smriti is based on rejection and repudiation on some fallacious imagination. Narrative have been manufactured about its anti-women right and anti-weaker Caste right. How it all started and who conspired to take it forward?

A painful yet factual truth which exists and masses does not know is that we do not have original copy of Manu Smriti today in our library. In fact we have today more than 50 manuscript of Manu Smriti today and each claiming to be original and oldest. One of the popular Calcutta manuscript with Kulluka Bhatta Commentary is quite popular among the researcher.

We will be covering in another E book how the Indian scripture were written maintained, proliferated and of course adulterated.

To add to my reader’s disbelief, the Manu Smriti, the one that Babasaheb Ambedkar burnt on 25th Dec 1927 was also not original rather a translated version.

Who translated Manu Smriti? And what was the source of this translation? It is never revealed objectively to the vast audience just to fuel the controversy and malign the cultural heritage of India.

William Jones in 1794 an English Judge in Kolkata used his choice and imagination to translate this Great Scripture written in chaste Panini Sanskrit. Was he a Sanskrit scholar? No and he himself never claimed so. Thereafter two more British clerk William Hunter and Max Muller who are decorated orientalist choose their words sentences and imagination to create English translation of Manu Smriti. Both never read Panini Grammar Asthadhyayi.

William Jones, Max Muller and Hunter had common objective to manufacture a divisive narrative and fuel hatred in section of Sanatan society. And they could able to plant the seed successfully. They were missionary on mission to discredit any religious value and heritage other than their own. Worldwide, The communist and left leaning fake intellectual have demeaned every tradition which has impeded their theory of class struggle.

Hence, endless reams of paper were conspired and printed denouncing specially two aspect of Manu Smriti to the masses and especially to the impressionable young generation.

  • Unjustified Female rights and against the scientific idea of feminism.
  • Inequality among the caste and suppression of Dalit Right.

There are series of Shlokas written in those inherited Sanskrit Manu Smriti which stands for the rights liberties and freedom of female. Critique can pick up another set of shlokas from among these set of inherited manuscript manipulating and abusing the same spirit. Why so? Answer is, all the manuscript in hand are not carrying the Vedic essence on which the Manu Smriti is based upon.  Yes, with 50 original yet varied authorless manuscript, literary incorruptibility is never guaranteed.

Manu Smriti is narration by Sage Manu and Maharishi Bhrigu on conduct of Social and moral value to be pursued by the society. And hence it carries forward the same Vedic essence. The Rig Veda mentions some of supreme female scholar Romasha, Lopamudra, Apala, Kadru, Visvavara, Ghosha, Juhu, Vagambhrini, Paulomi, Yami, Indrani, Savitri, and Devajami. The Sama Veda adds Nodha, Akrishtabhasha, Sikatanivavari and Gaupayana. And not to forget the great Gargi, Maitrya, they all have contributed in writing of Vedic literature without any gender prejudice, discomfort and differentiation.

One Shloka that is common in all the 50 manuscript of Manu Smriti and which explains the essence of all Vedic literature as well is:–

यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवता:।
यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफला: क्रिया:।

Where Women are honored, divinity blossoms there, and where ever women are dishonored, all action no matter how noble it may be, remains unfruitful.

Similarly to explain the essence of Vedic Literature female power and divinity, another Shloka in Rig Ved narrates the declaration of the feminine energy as the essence of the universe, the one who creates all matter and consciousness, the eternal and infinite, the metaphysical and empirical reality (Brahman), the soul (supreme self) of everything.

या देवी सर्वभूतेषु शक्ति रूपेण संस्थिता।

नमस्तस्यै नमस्तस्यै नमस्तस्यै नमो नम:।।

Adi Parashakti is the Supreme Being and recognized as Para Brahman. The Devi Bhagwata Mahapurana suggests that Adi Parashakti is the original creator, observer and destroyer of whole universe.

Yet the deceitful interpretation and malice against female honor were smuggled into the translation creating an insidious design to create self-hating low self-esteemed Hindu.

The other conspiracy about unequal treatment to caste Dalit their right and deprivation had been raised quite vociferously. Infect Babasaheb Ambedkar had raised some of such question while he was burning the scripture itself.

To what extent Manu Smriti is responsible for this rigidity and who had conspired to fuel it is even a larger subject. The question that Babasaheb Ambedkar raised were:-

I do not believe on Chaturvarna based on birth: – Vedic Scripture and Manu Smriti nowhere writes a word about Chaturvana System by Birth. It had been explained at numerous places including one from the Bhagwat-Puran through Lord Shri Krishna himself. It is deed not birth that will decide the ChaturVarna.

Lord Krishna sings in Chapter Four, Verse Thirteen of Bhagavad Gita:

cāturvarṇyam mayā sṛṣṭam
guṇakaramavibhāgaśaḥ,
tasya kartāram api mām
viddhy akartāram avyayam

“Although I have created the four classes (Varn)-Brahmin, Kshatriy, Vaishy and Shudr-according to innate properties and actions, know me the immutable as a non-doer.’’

I do not believe in caste distinctions: – Yes Caste is nowhere and never mentioned in Vedic Scripture. Maharishi Valmiki who was not a born Brahmin yet he acquired the ability of Greatest among the Rishi, wrote Ramayan the most revered epic of Sanatan and sheltered Mata Sita and taught two Prince Lav and Kush under his authority.

I believe that untouchability is an anathema to Hinduism and I will honestly try my best to completely destroy it: – Yes Babasaheb Ambedkar was accurately right yet he missed out that the Vedic Literature and Manu Smriti is not the reason of this maladies.

I will not follow any restrictions about food and drink among at least all Hindus: – Vedic Literature does not profess any mandatory code anywhere about civility in general life. Unlike other Abrahamic literature it is un-coded. And free will and liberty has been guaranteed in all the entire essence.

I believe that untouchables must have equal rights to access to temples, water sources, schools and other amenities: – True and Vedic Literature including Manu Smriti does not obstruct.

The fact is Manu Smriti, is an oldest legal text among the many Dharmaśāstras of Sanatan and at best it is advisory in consonance with Vedic essence. To ordinary citizen the Sanskrit language is no more a subject of professional pursuit and hence it is not followed and not understood. Absence of knowledge is reason of poison, deceit hatred being spread by left leaning intellectual among the section of aspiring society and young generation.

Reforms needed in Indian education system post-COVID-19

Lipika Ravichandran
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Reforms needed in Indian education system post-COVID-19

Suicide by a Kerala schoolgirl allegedly over not having access to a smartphone to attend online classes, stories of students in remote areas having to sit on rooftops to catch internet and siblings competing to get their parents’ gadgets. These could be isolated cases of struggle by students to attend online classes but they reflect the larger challenge. So it is important to discuss the reforms needed during this unprecedented pandemic induced crisis.

Thanks to the era of globalisation, As we are already exposed to the process of online learning, it was not a new system to get adopted to. Though we had started with an edge over virtual learning; there are pits and bumps to be rectified in this pandemic times. Indian Education System has been heralded since ancient times so it is imperative to keep the standards of education in India at great heights even in this dynamic situation. In order to keep our education system intact, it is important to mention the already existing challenges and how to further rectify those challenges in these unpredictable times.

The three main objectives of education are the grant of knowledge, imparting skill sets to increase employability and inculcation of values and ideals so that the student perform a constructive role in shaping the progressive modern society. In order to achieve these objectives the Indian education system as an ecosystem has to function organically in tandem with its main components viz; the students, the parents and the educational institutions. The efficiency of the educational ecosystem is adversely affected by the outbreak of COVID-19 pandemic. Various academic activities at all levels of the education system were adjourned sine die. The present scenario has jeopardised the educational ecosystem to achieve its objectives. In this regard, multifront reforms are needed for the efficient functioning of the education system in the post-COVID-19 era. We can turn the challenges posed by the pandemic into opportunities, beyond the present crisis, and can enhance the overall efficiency of our education system.

As social distancing has become the norm in the post-COVID-19 times, at least till the advent of the vaccine, the vibrant in-person relationship between the student community and the educational institutions has been pulled down. The absence of the physical relation has wrecked the processes of knowledge transformation, skilling and value inculcation. In this regard, the reforms needed in our education system should resurrect the link between the students and educational institutions. Digitization of the learning process by harnessing Information and Communication Technology (ICT) have helped in bridging the gap between the pupils with their concerned schools. With more than 90% teledensity, digitization of learning appears unchallenging in India. Nevertheless, India is a land of paradoxes. The country is profusely divided in terms of rural-urban, rich-poor, digitally, socially, gender and regionally. First and foremost, as the students are young, virtual learning should be guided by their parents. Not all Indian parents are well aware and technologically sound. So, in this case, it is important to give a guided tool to all the parents to get a hand in online teaching.

Secondarily, the Gender gap in digital learning is also posing a great challenge in the present changed scenario. The gender divide in internet usage is also stark. As per the Internet and Mobile Association of India report, in 2019, while 67% of men had access to the internet, this figure was only at 33% for women. The disparity is more prominent in rural India, where the figures are 72% and 28% for men and women, respectively. It is also noticed that the girl students face a kind of anxiety issues when they are exposed to online learning and to handle smartphones or computers. Thus, reform processes should enable the marginalized masses to access digitized learning. Reforms should also focus on the quality of the digital educational content which should provoke the thought process of the students in an interactive way.

Electronic gadgets like smartphones, tablets and laptops coupled with the high-speed data connectivity are necessary prerequisites to be part of digital learning ecosystems. The state through the interventionist reformatory process can empower deprived masses to access digital learning. The reforms should channelize Corporate Social Responsibility (CSR) initiatives, under Companies Act 2013, of corporate India to weld the digital divide. The companies should dispense electronic gadgets to marginalized students as part of their CSR spending. According to the Key Indicators of Household Social Consumption on Education in India report, based on the 2017-18 National Sample Survey, less than 15 per cent of rural Indian households have access to the internet as opposed to 42 per cent in urban households.

The state can partner with Internet Service Providers (ISP) to provide free of charge data plans with certain limits to the students. Installing at least one Wi-Fi hotspots at each gram panchayat by harnessing the BharatNet’s National Optical Fibre Network will diminish the rural-urban digital divide. The state can utilize satellite TV channels and terrestrial radio networks to cover the students residing in remote locations. The teachers along with their respective educational institutions should play the role of facilitator in digital learning. By attaining universal accessibility, the next phase of the reform process should focus on learning content. (user manual for gadgets). The power supply in all the rural areas must be taken into consideration so that it doesn’t hinder the process of learning.

The state can turn the challenge posed by the crisis into opportunity by universalizing the curriculum across pan-India. Experts panel consisting of diverse background should be formed to reformulate learning curriculum by deletion of redundant and addition of essential subject matters. Thus, the study time of students can be effectively utilised. The curriculum of higher education should be formulated to enhance employability. As various studies show around 80% of graduates learn the necessary skills after getting employed. The universalization of the curriculum enables the smooth conduct of various entry and exit exams. The learning content should be created in an engrossing manner by making use of visual media technologies. In this regard, the state can make use of leading private-sector online tutoring firms’ expertise. The curriculum should reflect the societal and constitutional values of secularism, nationalism, rationalism, scientific temper, respecting women, environmentalism and compassion.

As education is a subject under the concurrent list, the success of the universal digitised curriculum depends on cooperation between Union and various State governments. The state governments can translate and value-add the content to their region-specific without diluting the original essence. The digital learning can further be enriched by incorporating the ancient wisdom of yoga which helps in the better mental and physical health of students and in turn holistic development with life skills. Visually impaired students are facing many challenges in virtual learning, these students must be provided with appropriate laptops with braille and also provide dedicated teachers to take care of their concerns. By curriculum universalization, the autonomy at various level of the education system should not be wrecked.

In digital education ecosystem, the role of the teacher has changed from knowledge giver to facilitator. Personalised learning can come into a reality, wherein the teachers can concentrate on a few students and enhance the knowledge and skillsets in them. Teachers can also perform an active role by moderating discussing among the students. In this regard, the teacher should constantly upgrade their knowledge, as learning is a never-ending process. This can be periodically monitored by National Council for Teacher Education in coordination with concerned State councils. In this new method of virtual learning, we can improvise one to one learning and make students understand the concepts better and improvise their knowledge.

In this learning, the student-teacher ratio can be kept to the minimum. Through personalised learning, rote memory can be avoided and also it would enhance the relationship between the teacher and the students. The backend operations of learning such as attendance, performance evaluation, progress report, health status and miscellaneous data can be digitised which can be retrieved and shared easily. Human connect in learning is largely missing in these unprecedented times, but this should be compensated by the method of personalised learning.

The pandemic has endangered the nutritional health of students as they couldn’t able to access the Midday Meal Scheme implemented in their schools. This can be resolved by making students approach their nearby ICDS Anganwadi centres or by monetary transmission to their parents through DBT. Female students are more vulnerable during the crisis as they are exposed to various forms of patriarchal menace. The teachers should periodically monitor their pupils remotely leveraging technology.

If they observe any deviance, they should report to the concerned law enforcement agency immediately. It is the fundamental duty (article 51) of each parent to create a conducive learning environment, so their wards can exercise their fundamental right (article 21A) to education. Thus, through reformatory digitization of educational ecosystem, we can achieve the objectives of learning by transforming the challenges of crisis into opportunity

Influence or ignorance?

venugopal
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Influence or ignorance?



My kids were watching the movie IRONMAN 3 and a character named Mandarin, which was played by Ben Kingsley, caught my attention. In a nutshell the Mandarin is a notorious terrorist threatening American President. But when the IronMan manage to track him down, he gets baffled by the fact that Mandarin is an artist and without any stuff he was made a bogey legend. To put it in clear words a scapegoat.

I came across The Time awards for 100 influential people for 2020. I was quite surprised to find a name which I barely heard before. She is Bilkis Dadi as she is been affectionately called from the Shaheen Bagh protests which crippled New Delhi for few weeks.

So I started my research on her and was astonished to see except for a convenient interview with Rana Ayyub, she literally has no idea what she is fighting for. She reiterates that she is fighting for justice for her children and not for the biryani packets and the Rs.500 as was being alleged. She needs respect. Wish she has raised her voice to denounce the Triple Talaaq to garner some respect for the women. She is projected as influential whereas she tells in a interview that Biryani is being provided by God and Corona will not attack those offering five times prayers. It is really surprising that the Times found her to be influential.

Whenever the anti social elements want to push their propaganda forward and appeal to the masses, they need a Legend. And in anti CAA protests they found Dadis of Shaheen bagh who were ignorant of the CAA. They knew that the Dadis wouldn’t be touched nor be sent to jail. If police happen to take any action then they can create ruckus for touching the elders. The plan was good but the pandemic flopped all their designs.

Farm Bills 2020

Anant Chetan
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Farm Bills 2020

I was getting worried if Corona has changed the way politics in India work for real. Somewhere it felt incomplete. But finally after six or may be seven months of long dull and dark night, we witnessed the morning light; deifying Corona’s new normal. Last week I heard the words “chakkajam” and “protests” after a very very long time, and they sounded like sweet music to my ears. It feels like home now. Democracy is still alive! If it wasn’t for Corona, we would have been witnessing events like these every month if not ever week. Just imagine, how many “chakkajams” and protest we would have witnessed when private players were introduced in the railway sector or the space sector.

Not only the old normal is back on the streets, the parliament too witnessed a deja-vu moment. The millennials would have got an opportunity to witness the way parliamentarians used to behave not long ago. It was fascinating, be it Derek O’Brien, tearing up the rule book like a betrayed boyfriend tearing up the old love letters or Sanjay Singh being in a state of trance, climbing up the stage like a rockstar – commo-commo-raise your hands in the air and beat it!

Whatever!

But why so much noise all of a sudden? What’s the occasion?

Farm Bills!

Three farm bills were passed in the parliament recently and they are apparently the reason for all this. So, I tried to go through the bills and tried to understand what has happened.

Three farm bills, namely:

  1. Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020
  2. Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020
  3. Essential Commodities Act

People are fine with (2) and (3). No issues there. (2) provides a legal framework to the farmers to enter into contracts with the companies before the production even starts, providing farmers necessary security and (3) says that the government can invoke the Essential Commodities Act only if retail prices rise 50% in case of non-perishables and 100% in the case of perishable items from the average retail prices in the preceding 12 months or last five years.

The major issues are with (1). You could have a look at the pdf copy of the bill here.

The bill primarily allows farmers the freedom to choose; if they want to sell their produce in the APMC (Agriculture Produce Management Committee) Mandi or outside, specified as “trade areas” in the bill as mentioned in the section 3 of the bill. Other than this, the bill in section 6 makes sure that there are no fees (in whatever names) levied on any farmer or trader in the trade areas.

Is it a good thing or a bad thing?

License Raj or Permit Raj was held accountable for the stunted Hindu rate of growth for at least four decades, here rate of growth is in economic terms and not population and Hindu refers to the nation and not to the religion (not my choice of words, it is what it was called at that time). Isn’t it ironic that Manmohan Singh and his government in 1991 were hailed to dismantle the license raj in Industrial sector, however, Modi Government in 2020 is attacked as being anti-farmers for the similar act in agricultural sector? If Manmohan Singh’s Government’s action by getting rid of license system reformed the industrial sector then why can Modi government’s exactly similar action not reform agriculture sector? Is it because of the prejudices against Modi and BJP? It does not matter what BJP does, but we won’t support it. In fact, it does become a very pressing question to ask as to why, agriculture sector was not liberated like the industrial sector in the 90s? Who was benefitting from license raj in agriculture?

Now we exactly know who.

So far the farmers were forced to sell their produce only to the license holders. The state governments levied exorbitant taxes as per their will. Different states levied different taxes. Along with these taxes, middleman/ agents/arhatiyas charged hefty commissions. Punjab and Haryana take a big lead in imposing taxes. Punjab imposes the highest taxes on wheat and rice procurement across the country i.e. 14.5% on both. Haryana imposes 11.5% tax on wheat and rice. It comes second in the list after Punjab for wheat but third for rice, Andhra Pradesh imposes 12.5 % on rice. Over and above these taxes, the middleman “arhatiya” commissions are around 8.5%. Who was bearing these extra charges? With this bill, these fees and charges gets nullified. Now you know why protests are limited to Punjab and Haryana and now you also know who is protesting in the names of farmers.

Every election, there is a debate on farm loan waiver. Just before an election, Congress announces farm loan waiver for farmers, but keeps the conditions that leave farmers with such huge debt intact. The congress ruled state governments want the state monopoly in agriculture and the fees/taxes to be levied. Probably that’s why agriculture sector was left out of liberalization in the 90s. Monopoly was laying golden eggs for them. Every one knows who had the most number of state governments at that time.

On one hand, the Ashok Gehlot led Congress government in Rajasthan issued an order against center’s bill nullifying the Mandi fees at warehouses and the very same time, Randeep Singh Surjewala tries to patronize the farmers: “Farmers with small land holdings don’t have the money even to pay bus fares, how will they sell their produce in far-flung areas, as sought by these bills” I don’t know if he is presenting a report card of his parties flawed agricultural policies or trying to prove something. Congress’ corrupt parasitic policies are the sole reason as to why farmers are in this dismal condition. Moreover, private players behave very different than the state organizations. Private players would reach at the door steps of even the farmers with small land holdings in far flung areas before anyone else. Why? Competition! if one doesn’t the other would.

The bill nowhere mentions that APMC mandies would be dismantled or the Food Corporation of India (FCI) would stop procuring the grains or the PDS (public distribution system) would be changed. Also, the bill no where mentions anything about MSP, and for that matter, no bill in the past or present ever mentioned MSP for grains, there hasn’t been any law regarding MSP (except for sugarcane, and that remains unchanged even after this bill). So, why didn’t Congress who so eagerly wants a legal backing to MSP now, didn’t do anything about it in its tenure?

But this fear of these APMC becoming irrelevant is real. Why? Because they know when farmers have an option to make more money via paying less taxes, no fees and no commission, they won’t look towards APMC mandies. Why would they want to pay extra taxes and commission? For whose benefit? Would you? This is why the chaos. It is a farmer friendly move that makes a middleman irrelevant. They are the ones who are protesting along with the state governments.

The funny thing is that in India every body becomes a farmer or a poor on a need basis. P. Chidambaram is a farmer; he sold crores of Cauliflowers and that too by growing them in pots in the balcony. Or even better you can be a farmer like Amitabh Bachchan, The government-owned seed corporation registered him as a farmer member in 2010 and provided him with a hybrid seed program for his agricultural land in Kakori near Lucknow. Just so you know he was in trouble in 2007 because he bought agricultural land. Now you can understand why he became a farmer in 2010. Foul play! But anyways he is a farmer, can buy and sell agricultural land, he even has an ox, he calls him A.. Lets leave it there.

In few days from now, you will find Congress claiming that “it was our idea, we were trying to do this in 2012-13, you could see the debates, but Modi government’s implementation is flawed. We would have implemented it in a much better way”. True! if the Modi government just removes the four lines from the bill that are mentioned in m(ii) and keep the rest exactly the same, they would have had no problems with the bill at all.

While defining the “trade areas”, m(ii) says:

“private market yards, private market sub-yards, direct marketing collection centers, and private farmer-consumer market yards managed by persons holding licenses or any warehouses, silos, cold storages or other structures notified as markets or deemed markets under each State APMC Act in force in India are excluded from the trade areas“

i.e. strict demarcation between private and public. The bill has no loop hole that could be exploited by any politician or corrupt bureaucrat or gangster/”bahubali” or middleman to control the free market. If Congress would have brought this bill, there would have been a loop hole for someone to exploit. It has always been. And the people with “contacts” are able to exploit them and people like me and you are left behind. You can pick any law enacted by Congress and read it carefully, you will find the loop holes. There are many examples for this. You can read about the Right to Education act 2009, which makes education compulsory and brings India in the league of countries where education is compulsory. Is that true? The definition of the compulsory education is different. Have a look at A Right to Unemployment.

This is one of the biggest reasons why I don’t like Congress. The more I read about their policies and reports the more I end up despising them.

Thanks for reading!!

I hope you liked the article. Please do share the article, your sharing is the only why it gets more readers.

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Domestic violence and laws in India

Ravi S Gupta
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Domestic violence and laws in India

In India, more than 30% of women have been subjected to domestic violence at some point in their lives, per the National Family Health Survey (NFHS) data. Yet, nearly 75% of those who reported being subjected to domestic violence did not seek help from anyone. For those who do, by confiding in close family members, the crime often gets brushed off as a private or family matter that doesn’t require outside, legal intervention.

During the first four phases of the COVID-19-related lockdown, Indian women filed more domestic violence complaints than recorded in a similar period in the last 10 years. But even this unusual spurt is only the tip of the iceberg as 86% women who experience domestic violence do not seek help in India.

The phenomenon of violence against women within the family in India is complex and deeply embedded. Women are subject to violence not only from husbands but also from members of both the natal and the marital home. Girls and women in India are usually less privileged than boys in terms of their position in the family and society and in terms of access to material resources. Marriage continues to be regarded as essential for a girl; control over a woman’s sexuality and its safe transfer into the hands of husbands who are assumed to “own” their wives is of primary importance. Systematic discrimination and neglect toward female children is evident in a declining sex ratio of 900 women to 1000 males (2013-2015). Nevertheless, there are regional and community variations. Women in the north have relatively less autonomy than their counterparts in the south, and experience fewer opportunities for control over economic resources. A small segment of urban upper class women enjoy some of the benefits of education, careers, and economic independence.

Despite regional differences in women’s status, there is much less variation in rates of domestic violence. Overall, domestic violence is prevalent in all settings, regions, and religious groups. Although there are some differences in reporting by region—women in the south report fewer beatings than their counterparts in the north—in-depth qualitative studies have found considerable under-reporting in the data.

What is domestic violence?

Domestic violence (also called intimate partner violence (IPV), domestic abuse or relationship abuse) is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.

Domestic violence does not discriminate. Anyone of any race, age, sexual orientation, religion or gender can be a victim – or perpetrator – of domestic violence. It can happen to people who are married, living together or who are dating. It affects people of all socioeconomic backgrounds and education levels.

The strict importance of the word Domestic Violence essentially implies any violent or forceful conduct of any individual inside the Home as the word here may be ‘Domestic’ or as such a brutal fight between a couple which may constrain a female companion to file for mental badgering fundamentally under Domestic Violence Act and different arrangements of Indian Penal Code (IPC) and Criminal Procedure Code (Cr.P.C). Essentially from ages, Domestic Violence has been Committed against ladies however in the present situation men can likewise petition for Domestic Violence which can go under the classification of Domestic Abuse, family viciousness fundamentally emerging in the connections, for example, marriage incorporating associations with relatives, family companions and so on and it can be in different structures, for example, physical animosities, sexual manhandle, psychological mistreatments and so forth.

Violence could of various types i.e. physical abuse, emotional abuse,  economic abuse, psychological abuse.

Laws related to domestic violence in India

In India, law on domestic violence has mainly evolved in 3 stages:

The Indian Penal Code Amendment in 1983

A unique area, numbered 498-A, that authoritatively made Domestic Violence a Criminal Offense was added to the Indian Penal Code in 1983. This Section of the law particularly covers Cruelty towards wedded ladies by their spouses or their husbands’ families.

An accommodating statement in this Section enables woman’s relatives to make the objection for them. This is greatly helpful in situations where the Woman is excessively anxious, making it impossible to talk up for herself, for reasons, for example, she could get captured by her significant other or basically can’t leave the house. One sort of Cruelty that can be punished is conduct that causes a woman’s death or genuine damage, or pushes her to confer suicide. Another kind is the sort of provocation identifying with threatening the woman or her relatives to surrender her property.

Under the Law, acts of cruelty include, but are not limited to, the following:

  • physical abuse;
  • psychological torture by threatening her or her loved ones (such as children);
  • not giving the woman food;
  • locking her in or out of the house as punishment; and
  • sexual abuse against the woman’s will.

Convicted punishers will be charged with imprisonment up to 3 years or fine or both.

The Protection of Woman from Domestic Violence Act, 2005

Domestic violence is defined by Section 3 of the Act as “any act”, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

  1. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
  2. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
  3. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (1) or clause (2); or
  4. Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

The Act goes on, through the section Explanation 1, to define “physical abuse”, “sexual abuse”, “verbal and emotional abuse” and “economic abuse”.

Other provisions for safety of women

  • There are different controls or arrangements being made for protection of women against domestic violence under the statute, for example, Sec.304B of IPC relating to endowment passing.
  • Under segment 313-316 of IPC female child murder has been made culpable which implies mightily ending the pregnancy of a lady.
  • Different areas of IPC managing these issues are segment 305-306 identified with abetment of suicide and 340,349 of IPC individually wrongful restriction and wrongful limitation.
  • An objection can likewise be recorded under area 498A of IPC for cruelty which additionally falls under aggressive behavior at home.

THE 2013 CRIMINAL LAW AMENDMENT

As a reaction to the solicitations made by the Justice Verma Committee, a little Commission named after and headed by one of India’s most respected law specialists, a long rundown of alterations to the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act were presented in this 2013 demonstration.

The point of the Amendment was to give harsher and swifter discipline to those hoodlums who submitted mishandle against ladies. Insights with respect to rape and assault were elucidated and included onto. For example, “assault” was given a superior and more thorough legitimate definition, to incorporate non-consensual infiltration utilizing non-sexual items, and also non-penetrative sexual acts.

Punishments for offenses, for example, assault, attack, and inappropriate behavior were expanded. Specifically, heavier sentences were announced for attackers, notwithstanding including capital punishment for especially irritating cases, for example, group assault where the casualty was left in a vegetative state after the wrongdoing.

New offenses that are punishable by law were introduced by the amendment as well. These include, but are not limited to:

  • acid attacks
  • stalking
  • voyeurism
  • publicly and forcefully disrobing a woman

What should victims do when they are attacked?

What victims of domestic violence must remember is, to not blame themselves for what is happening to them. Violence is unacceptable and the perpetrator is 100 per cent responsible. Victims must not make excuses for the actions of the perpetrators, as there are none. Acceptance of such actions may lead to a vicious cycle of abuse.

  • The option of reporting domestic abuse to the police is always available. However, if the victim does not intend on that course of action, they can create a safety plan for themselves, with a safe word to alert people they live with when faced with a threatening situation.
  • It is advisable to keep a friend, family, neighbour or someone in proximity informed in case of escalating risk. It is also helpful to discuss this with trusted family member/s or friends and build perpetrator accountability. There are also a number of helplines for domestic violence and free online counselling websites that victims can use for relief.

Addressing domestic violence

An effective response to violence must be multi-sectoral; addressing the immediate practical needs of women experiencing abuse; providing long-term follow up and assistance; and focusing on changing those cultural norms, attitudes and legal provisions that promote the acceptance of and even encourage violence against women, and undermine women’s enjoyment of their full human rights and freedoms.

The health sector has unique potential to deal with violence against women, particularly through reproductive health services, which most women will access at some point in their lives. However, this potential is far from being realized. Few doctors, nurses or other health personnel have the awareness and the training to identify violence as the underlying cause of women’s health problems.

The health sector can play a vital role in preventing violence against women, helping to identify abuse early, providing victims with the necessary treatment and referring women to appropriate care. Health services must be places where women feel safe, are treated with respect, are not stigmatized, and where they can receive quality, informed support. A comprehensive health sector response to the problem is needed, in particular addressing the reluctance of abused women to seek help.

Role of public health personnel

Domestic violence against women has been identified as a public health priority. Public health personnel can play a vital role in addressing this issue.

Since violence against women is both a consequence and a cause of gender inequality, primary prevention programs that address gender inequality and tackle the root causes of violence are all essential. Public health workers have a responsibility to build awareness by creating and disseminating materials and innovative audio-visual messages, which project a positive image of girl child and women in the society. An integrated media campaign covering electronic, print and film media that portrays domestic violence as unacceptable is the need of the hour. The role of increasing male responsibility to end domestic violence needs to be emphasized.

Hence, the responses to the problem must be based on integrated approach. The effectiveness of measures and initiatives will depend on coherence and co-ordination associated with their design and implementation. The issue of domestic violence must be brought into open and examined as any other preventable health problem, and best remedies available be applied. As a responsible citizen we should keep our eyes open for signs of violence around us too.

How “lives mattered” for our ancestors

Tomal
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Since 2013, the slogan “Black Lives Matter” has taken shape within the United States and then spread all throughout the world. With the U.S. election in 2016, presidency of Donald Trump, and the multiple police shooting and police brutality incidents, this movement has reached a greater traction.

This movement has collated other movements as well, such as “Women Lives Matter”, “Black Lawyers Matter”, and the opposing groups that raised the slogans such as “All Lives Matter” and “Blue Lives Matter.”

But how is this related to India, you might ask. This new slogans, new movements and the social and civil justice, going on in the United States. Yes, it has spread throughout Europe and yes, there were such slogans in Shaheen Bagh as well. But why bring it up here?

Because, our ancestors understood this, and dealt with it. While the modern India is obsessed with facial whitening creams, our ancestors saw beauty differently. They saw beauty in the mind, and not the skin. So, to them, all those who were in the mind for the benefit of the world, would be considered beautiful. All those mattered. 

Take for instance our beloved Krishna. According to the Monier Williams Sanskrit-English dictionary, Krishna means “black, dark, dark blue, the all attractive.” Yes, our ancestors understood that being black, dark could also make the person attractive, such that he became our God. Our ancestors looked at the message that he lightened us with through the Sreemadbhagabad Geeta, and not if he was dark or light.

This is not only for Krishna but for Krishnaa as well. Krishnaa, or whom we mostly know as Draupadi, is described as a beautiful woman and highly regarded throughout the Kuru-Panchala region. She was credited for her beauty within the mind, making her Yagnaseni, and not for the color of her skin. We have similar situation with Gauri, wife of Mahadev who is credited by her fair skin. Gauri, which means “white, shinning and brilliant” goes complete opposite of Krishna, and at the same time both are revered as Gods. And let us not forget Maa Kali, also called Shyama, and Kalika, as she is described as black, and being our mother.

The examples can go on and on with Krishna Dwaipayana Vyas, Dhumravarna as Lord Ganesh, and the more recent Gauranga, also known as Chaitanya Mahaprabhu. To our ancestors, Shiva as “karpur gauram” or white as camphor, Hanuman as Haemshalbdeham or having a body like golden mountains, and Vishnu as “meghavarnam” or the color of clouds. To our ancestors, the color of the skin never mattered. It is to us that the differences started coming in.

This is not only for the color of skin but also I’d add gender issues as well. Our ancestors looked at women equal to men, and women were given higher grounds than many other ancient cultures. Patanjali and Katyayana wrote that women were educated and enjoyed equal status with the men. They married at a later age, and were able to choose their husband (as it can be seen from the swayamvar ceremonies). They were considered scholars from the Rig Vedic period as Gargi Vachaknavi and Maitreyi are mentioned competing equally with men. 

To add the icing on the cake, is not limited only to women. Iravan, son of Ulupi and Arjun from Mahabharat was a transgender. According to scholars, he was in the Mahabharat since the early Vedic period, or 2000 – 1500 BCE. Bahuchara Mata, Ardhnarishwar and many more are considered examples of our diversity. From then to now, to include someone who is transgender in a religious scripture was not considered blasphemy but shows the ever accepting nature of Hinduism and the Dharmic philosophy.

These examples all point out the greatness of Hindu philosophy. Our ancestors understood differences in community to be normal, and yet we were told to find unity. We were told to march forward in a common goal and work together in harmony. To our ancestors, differences were part of the nature itself and as the world itself. Yet, as foreigners started arriving, they started to impose the idea that we needed to promote based on race, culture and now “lives mattered.” 

But O Westerners, look upon the mirror yourself. Do not teach others what you are yourself.

United South India is just a vehicle to espouse Tamil supremacy and sane Kannadigas want to opt out of it

Lakshmisha K S
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United South India is just a vehicle to espouse Tamil supremacy and sane Kannadigas want to opt out of it

Ever since Narendra Modi came to power in 2014. There has been growing chorus about injustice to “South India”. From Kamal Hasan forming a party to fight for South India to likes of data hack Praveen Chakravarthy penning op-eds of the same. However, none surpasses the propaganda espoused on this topic as Dhanya Rajendran and news minute claiming to provide south specific news and analysis. There is a continuous stream of articles published complaining about one injustice or the other (here, here and here to name a few).

Recently prompted by DMK there was a T-shirt campaign against Hindi speakers started in Tamil Nadu. Some not so popular and out of work Kannada actors took to twitter to promote similar linguistic T-shirts in Karnataka. So again the nonsense of South Indians fighting against North Indian tyranny is being propped up the usual suspects.

But as a proud Kannadiga, born in Karnataka (and dare say who can read, write and speak in Kannada), we Kannadigas are apprehensive of these so called “united south India” claims. And the apprehension is this that, united south India is a cover to promote and propagate Tamil supremacy and fascism. Tamilian supremacists have always punched above their weight, though accounting only for 5% of the population, Tamil politicians have had a virtually a veto over central government policies. To see their stranglehold on power in the heydays of Manmohan Singh government, check here, here and here. However with Modi’s coming to power in 2014, the dravidian politics veto over Indian mainstream has been shattered. This is no different to the other shattered vote banks in the post 2014 world. Learning a leaf out of their Islamists brethren who use so called “Dalit Muslim unity” as a cover to promote Islamic fundamentalism, similarly Tamil supremacists are leveraging the combined weight of southern Indian’s power to push their narrow hate filled sectarian agenda.

You may ask why are Kannadigas, apprehensive of Tamil supremacists? There is long historical context to it. One is that Karnataka as always faced aggression from Tamil kingdoms and powers and rarely faced the same invasions from Northern India. Secondly Karnataka always accepted it being a part of India and actively contributed in shaping India’s destiny.

In the history of the sub-continent today’s Karnataka has come under North Indian rule for extended period only once, that is under Mauryan empire. I am here discounting foreign barbaric invasions from the likes of Khiliji’s, Tughlaqs, Mughals, British and Sonia Gandhi. However, every major Kannada kingdom (except for Vijayanagar empire) have faced repeated invasions from Tamil polity. Chronological speaking we see Chalukya – Pallava conflicts, Western Chalukya – Chola wars, Hoysala – Pandyan conflicts to Wadiyar wars. The conflicts are endless have and continued till modern age.

Additionally historically speaking, Kannada power centres like Chalukyas and Rashtrakutas always viewed themselves as part of Larger Indian subcontinent and tried and did extend power and hold over vast stretches of India. Chalukyas have ruled over parts of Maharashtra, Gujarat and Madhya Pradesh while Rashtrakutas were involved in the tripartite struggle (Kannauj triangle) for supremacy over North India with Gurjara Pratiharas and Palas. Kannadiga origin rules even ruled distant Bengal for few centuries.

Tripartite Struggle - Wikipedia

While one might claim all of this as ancient history the fact is that even today there is continued discord between Tamil Nadu and Karnataka. The most obvious example of this would be the long, bloody and protracted conflict over Cauvery waters. Going to the nitty gritty of the conflict would require more than an article, but the important thing to note is that there has been continued and sporadic violence due to this issue and is always one dry monsoon spell away from reigniting. I would agree that water is a complex issue and water based conflict need not necessarily demonstrate a language conflict per say.

But let me give few more examples for the fact that even today we Kannadigas have been at the receiving end of Tamil hegemony which makes one wary of any so called unity among southern or dravidian states. Let’s take the example of granting “classical” status to Kannada and Telugu, a decision taken in 2008. Prior to that only Sanskrit and Tamil were considered “Classical” languages. However the awarding of “Classical” status to fellow “Dravidian” languages was opposed not by Hindi supremacists but by fellow dravidians from Tamil Nadu. There has been repeated PILs (here and here) against granting of the status to Kannada in Madras HC by Tamil activists. And to allay any doubts on why the PIL was filed, the activist has stated “that the prominence of Tamil language would be lost if the other languages, which have been conferred ‘classical language’ status, are treated on par“.  To quote from the Animal farm, “it seems all dravidian languages are equal but some dravidian language are more equal than others“.

Let me provide another example, a Kannadiga, Mr. M. K Surappa’s, (former director of IIT-Ropar) appointment as VC of Anna University was opposed by DMK and other Dravidian parties. DMK working president M K Stalin took to social media to make his displeasure known. Even the new proponent of South Indian Unity, the founder of Makkal Needhi Maiam party, Mr, Kamal Hassan opposed the move. It is ironic given that the 6 hands in MNM party symbol is supposed to signify the 6 states of South India but the founder of the party doesn’t find in him to support a fellow South Indian being appointed to a University in Tamil Nadu.

This duplicity and hypocrisy of the dravidanists and south Indian language warriors is what one makes Kannadigas like me apprehensive of their motives. Karnataka over the years as hugely benefitted with outward and cosmopolitan outlook. Bangalore today has a mixed population of language speakers with Kannada accounting only for ~45% of total population with Tamil, Telugu and Urdu accounting for 15%, 14% and 12% respectively. This in comparison to Chennai where nearly 80% of population speaks only Tamil. It is interesting to note that in 1901, only 60% of Chennai population was Tamil speakers and nearly 20% of the population speaking Telugu. However over the years, Chennai has become more insular and less friendly to other non Tamil speakers.

This difference in Bangalore and Chennai has had huge impact. At the dawn of Independence, Chennai was the pre-imminent Metro of India along with Mumbai and Kolkata and was the third largest city in India. Bangalore on the other hand was a sleepy Tier 2 Town, 7th Largest in size with half the population of Chennai. Come 2020, Bangalore is the third or fourth largest urban agglomeration in India surpassing Chennai. Today Bangalore is the Start Up capital of India with highest no of unicorns at 8 while Chennai has none. Bangalore ranks in the Global Top 10 Cities for Startup Funding in 2020 along with NCR. Bangalore received 1.6 Bn in startup funding in H1 2020 as compared to Chennai which received 1/8th the value at 0.23 Bn in the same period. One of main contributing factor was Bangalore’s phenomenal success is the lack of parochialism and  language nonsense. The Bengaluru Innovation Report 2019, ranks Bangalore as the most millennial-friendly city in the country.

On the other Chennai is not perceived to be open to outsiders. Anecdotally speaking I remember one of my seniors from MBA who had got a dream job in Global MNC quit within a month as the posting was in Chennai. Even though Chennai has some of the same qualities that worked in favour of Bangalore and Hyderabad, a strong technology talent pool, a legacy of IT services, and its software product expertise, Chennai lags behind in the start up space. In an article which dwells into the reasons for the same, a quote from an IIT professor encapsulates the one of the prime factors – “Young entrepreneurs also require opportunities to network in a relaxed environment, an area where Bengaluru, NCR and Mumbai region succeeds. Meeting others over a beer is taboo. There are hardly (networking) options, and the ones available are either too expensive or restrictive.” In the Catenon attractiveness of cities to Tech talent, even though Chennai scored better in most cost of living and commute/traffic metrics, Bangalore remained the top preference over it. And one can easily attribute significant aspect of this lower attractiveness to the perceived parochialism, linguistic chauvinism in Chennai.

While there is always a grouse that Bangalore’s growth has not necessarily resulted in jobs to locals. I disagree as the investments and wealth creation has helped Karnataka as a whole. The growth of the city has provided enormous entrepreneurial opportunity in allied and service sectors like Restaurants, Transport, Travel and Retail which has significant ownership and employment of Kannadigas. Additionally the growth in the Real estate value has primarily accrued to Kannadigas who own the land. Finally Bangalore today contributes to 87% of Karnataka’s economy. It contributes to 74% of Stamps & Registration Tax, 52% of Motor Tax, 57% of excise Tax and 60% of commercial Tax. Thus Bangalore contributes to nearly half of the State’s budget whose dispersal funds development across the state building infrastructure and access to remote parts of the state.

Hence I would want to conclude this article with an appeal to Dravidanists and other proponents of United States of South India. Please keep Karnataka and Kannadigas out of it. We have prospered by integrating with the rest of the country. The road proposed by you leads us to parochialism, chaos and conflict. We don’t want to be under the tyranny of Tamil fundamentalism replacing our unique identity which is guaranteed in today’s federalist India. We have always looked North and looked at influencing India’s polity, we have given one PM till date and hope to give more. Staying out of United States of South India nonsense means Bangalore and Karnataka continues to grow economically, politically and culturally. On the other hand, I would request you to take a leaf out of multi cultural aspect of Karnataka to reform and reorient leading to prosperity and growth.

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