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कोरोना काल में सेवा भाव के अतुल्य प्रतिमान गढ़ रहा RSS, युद्धस्तर पर राहत अभियानों में जुटे हैं स्वयंसेवक

यह त्रासद का समय, नगरों की सड़कें वीरान पड़ी हैं, दुकान-प्रतिष्ठान सभी बंद। विद्यालय-विश्वविद्यालय बंद हैं। हमेशा यात्रियों से भरे रहने वाले बस अड्डे, रेलवे स्टेशन सुनसान हैं। यह इस सदी का हृदय विदारक दृश्य है। यह स्थिति उत्पन्न हुई है, उस चाइनीज वायरस के कारण जिससे लोग अपने घरों में सिमट कर रह गए हैं।

कल क्या होगा? जीवन फिर से कैसे पटरी पर लौटेगा? इन प्रश्नों से उन लोगों की मनः स्थिति कितनी भयावह हो रही होगी जो लॉकडॉन में अपने घर से दूर कहीं अन्यत्र कैद हो कर रह गए हैं।

लेकिन इन सबके बीच तस्वीर का दूसरा पहलू भी है। यह आपदा के आवेग से भी ज्यादा प्रखरता से आँखों के सामने घटित हो रहा है। यह तस्वीर है सम्पूर्ण मानव जाति को बचाने का। यह तस्वीर है उस सभ्य सज्जन शक्ति की, जिसके विचार में ‘सर्वे संतु निरामया’ के भाव बीज रूप में स्थापित है।

पड़ोस के बुजुर्ग बहुत चिंतित है। उन्हें दिल की बीमारी है। दवा की जरूरत है। दुकान कब खुलेगी? दवा कैसे मिलेगी? इत्यादि उधेड़बुन में लगे हैं तभी पड़ोस का एक युवक आकर उनसे बोलता है- मैं लाकर आपको दवा दूँगा। बाबूजी आप चिंता ना करें।

यह युवक! उसी विचार पाठशाला का एक छात्र है, जिसका ध्येय ‘वसुधैव कुटुम्बकम्’ है। प्रशासन के साथ मिलकर, एक फोन पर जरूरतमंद लोगों तक पहुँचना, राहत सामग्री देना, कोई भूखा न सोए इसके लिए प्रतिदिन लाखों लोगों के लिए भोजन पैकेट तैयार कर प्रशासन की अनुमति से बाँटना, यह दिनचर्या उन हजारों स्वयंसेवकों की है, जो कोरोना संक्रमण काल में ध्वज वंदना के बाद राष्ट्र आराधना में प्रतिदिन लग जाते हैं। इसे शब्दों में बाँधे तो यह कार्य है- सेवा,करुणा और अपनत्व का।

किसी भी देश के लिए विपदा काल ही वह समय है जब वहाँ कार्य करने वाले स्वयंसेवी संगठन, समाज तथा संबंधों की राष्ट्र के प्रति दायित्वों की परीक्षा होती है। यह विपत्ति का काल समाप्त हो जाएगा, बस रह जाएँगी तो उसके निशां। ये निशां यह बताएँगे कि जब देश पर संकट आया था तो कौन से लोग किस प्रकार से राष्ट्र के साथ खड़े थे। कौन सेवा भाव से लगे थे और वे कौन लोग थे जो देश को और विपत्ति में झोंक रहे थे।

आज चाइनीज वायरस के कारण आपदा काल में बहुत से भ्रम और क्रम टूट रहे हैं।

राष्ट्रीय स्वयंसेवक संघ के स्वयंसेवक आज पूरे राजस्थान भर में भोजन व्यवस्था, सेनेटाइजेशन, दवा वितरण, मरीजों की सेवा, अस्पतालों को सहयोग, प्रशासन का सहयोग, आवश्यक वस्तुओं की आपूर्ति, जन जागरण इत्यादि कामों में नि:स्वार्थ भाव से लगे हुए हैं। आज सेवा भारती की ओर से चलने वाले बाल केंद्र, सेवा केंद्र बन चुके है। सेवा भारती के माध्यम से सेवा बस्तियों का हर प्रकार से देखभाल का जिम्मा संघ ने लिया है।

वहीं विश्व हिंदू परिषद, भारतीय मजदूर संघ के माध्यम से दिहाड़ी मजदूरों तक भोजन पैकेट का वितरण नित्य लाखों की संख्या में हो रहा है। स्वयंसेवकों के माध्यम से पूरे राजस्थान में हजारों स्थानों पर लाखों परिवारों तक हर प्रकार की सहायता पहुँचाई जा रही हैं। जयपुर प्रान्त की ओर से प्राप्त जानकारी के अनुसार 1485 स्थानों पर, 9798 सेवारत कार्यकर्ताओं के माध्यम से, 14 अप्रैल तक 1,21,262 स्थानों पर लोगों को ठहरने के लिए अस्थायी व्यवस्था की गई है।

प्रशासन के साथ मिल कर जहाँ रास्तों की ब्लॉकिंग एवं कॉलोनियों की सुरक्षा सुनिश्चित की जा रही है, वहीं 108 एम्बुलेंस सेवा के कॉल सेंटर पर प्रतिदिन 13-15 स्वयंसेवक सहयोग कर रहे हैं। विपदा के इस कठिन समय में संघ के अन्य समविचारी संगठन वनवासी कल्याण परिषद्, बीएमएस, विद्या भारती, हिन्दू जागरण मंच, विद्यार्थी परिषद्, किसान संघ जैसे दर्जनों संगठन सेवा कार्यों में लगे हैं।

पिछले दिनों एक वीडियो के माध्यम से राष्ट्रीय स्वयंसेवक संघ के सह सरकार्यवाह डॉ. कृष्ण गोपाल जी ने महामारी का प्रकोप झेल रहे समाज को सम्बोधित करते हुए कहा कि भारत के संस्कार में ही सेवा है। इसलिए आज की परिस्थितियों में न सिर्फ अपना ध्यान रखना है, बल्कि अपने आस-पास कोई भूखा न सोए इसकी चिंता करनी है।

वास्तव में जब भी इस देश पर संकट आता है, चाहे वह प्राकृतिक आपदा हो या पड़ोसी देशों द्वारा प्रायोजित संकट राष्ट्रीय स्वयंसेवक संघ हमेशा देश के लिए समाज को जागृत कर कंधे से कंधे मिलाकर खड़ा होता रहा है। संघ के कार्यकर्ता युद्ध स्तर पर राहत अभियानों में जुट कर समाज का दुःख हरने में लगे रहते हैं।

इसके लिए मन-मस्तिष्क का निर्माण संघ अपने प्रशिक्षणों-कार्यक्रमों के माध्यम से करता है। वैसे भी प्रत्येक परिस्थिति के मूल में मन मतिष्क होता है। किसी भी चुनौती के लिए खुद को तैयार करना तथा उस अनहोनी संकट को स्वीकार कर समाधान खोजना यह एक प्रशिक्षित व्यक्ति ही कर सकता है। संघ अपने स्वयंसेवकों में इसी भाव का बीजारोपण करता है।

पूर्ण विजय संकल्प हमारा अनथक अविरत साधना,
निशदिन प्रतिपल चलती आई राष्ट्रधर्म आराधना

Speculations on post COVID-19 scenario

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Speculations are rife on the Post-Covid-19 picture in India and also in the world. Since there is no proper medicine available, no vaccine invented, post lockdown, life is dicey. It leads to all types of conjectures. How much the virus affects social, political and international relations, is uncertain. Many political pundits are of the opinion that the mammoth election rallies that are being conducted now, would be a thing of the past. Virtual campaigns, virtual meetings, virtual conferences would overtake face-to-face interactions. People are either messaged by political  parties or addressed virtually, they say. A real respite to both the addresser and addressee! 

Come June, schools have to be opened. In our crowded classrooms, can children maintain social distance? India is not yet designed for online teaching. How do children play in the playgrounds? Move with their friends? This Covid-19 has placed many physical and psychological barriers. Social distancing is opening up an avenue for untouchability once again, that we tried hard to abolish. Hugging, clutching or clasping hands have become a strict no..no. To abandon those social bondings is detrimental to human psychology. 

In India, most of the jobs need physical presence. Working remotely i.e work from home (wfh) culture is less. Again, to move in the public transport which is almost crammed in our cities, scares everyone. At present, the state and central governments have been pampering and cajoling people to stay at home. In any case, as the saying goes: ‘ships are safe in the harbour’. However, they are not meant to be in the harbour. They need to sail. Once the lockdown period is over the real picture will slowly emerge: whether India withstands the deadly virus spread or not. None can make a prediction right now. Only, our three hundred thousand gods (that reside in our country) should help us save. The governments on their part make their own efforts, of course.  

India has other internal scenes related to Covid-19, other than its travails. Tablighi Jamaat, Palghar case (the murder of two Sadhus) are potboilers for years to come in Post-Covid-19. The callousness of Maharashtra police in the Palghar incident would haunt the secular government of Shiv Sena, for years. The Liberal secular journalists that have  been aghast with the milder term the Love-Jihad, now have to deal with the newly minted Covid-Jihad. The history repeats itself. In earlier regimes, they lampooned with their terminology, now they are getting back, although of a different kind. 

In this election year, the US is becoming more and more protectionist and anti-immigrant. So are the other advanced western-European countries. POTUS (President of the United States) recently stopped funding the World Health Organization (WHO) in the hour of this coronavirus crisis. The West is becoming nationalistic. Nationalism, per se, is not bad. Love towards one’s own county is warranted. One should be proud of one’s own nation and the uniqueness of its culture. However, shutting doors to the world is isolationism. That way international trade and progress are unachievable. Surprisingly, China, where the Covid-19 originated and has spread to the world, is  increasingly trying to become from a villain to hero in supplying equipment and helping the other nations. 

The pathetic state of migrant labour moving across, during the lockdown, to reach their families, on foot, in some other states, really moved the hearts. Post-Covid-19, India’s main problem is to revive the economy. Unemployment has to be addressed. Expert-strategists are proposing infrastructural projects to be the answer. The topmost of them is: connecting the rivers of the country. That addresses the PM’S pet-scheme of providing drinking water to all the houses of the poor in the country i.e. ghar ghar paani. Afterall, why should the poor waste their time and energy in getting potable water from far away…miles away. Instead they could do some constructive work to eke out their living. 

Let’s talk about the present. For any country to develop, there should be peace and harmony within the country. The prime minister’s recent tweet (19 April 2020 at 5.15PM):

“COVID-19 does not see race, religion, colour, caste, creed, language or borders before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood. We are in this together: PM” – is an eye-opener. 

So, here we need  to remind ourselves what the world’s greatest painter, sculptor, architect, musician, engineer, mathematician and scientist of fifteenth century Leonardo da Vinci had to say about the present time, he says, “The water that you touch in the river is the last of that which goes, and the first of that which comes: so is the present time”. Let’s live in the present co-operating with the government and the country at this challenging time. India with its immense potential and talent, could certainly be the world’s principal player in the Post-Covid-19. 

Developing strategies for behavioral change communication – Looking beyond lockdown

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Amidst the Coronavirus (COVID-19) pandemic some major changes are witnessed in the climate of the country– not just environmental but also economic. At the moment, foremost transformation is needed in society’s health behavior. The pandemic is increasing the burden on our health infrastructure and while the government and other organizations have been continuously working towards containing the impact of COVID-19, a critical element for decreasing its transmission in the absence of vaccination and treatment is extensive and rapid behavior change. Washing and sanitizing hands, maintaining social distance, covering mouth while sneezing and coughing are proving to be the major steps in preventing the spread of disease. Thus, we can say that it is not the biological characteristics of the virus that are the most dangerous for the humankind, but the perilous effect of the virus’s dependency on how people either accelerate or decelerate its spread.

Massive crowding of migrant workers at Anand Vihar ISBT in Delhi and Bandra in Mumbai, a religious gathering at Markaz, people concealing their travel histories and misbehaving with health workers, frontline workers and police officials only goes to show how important it is to use social and behavioral science to formulate behavior change communication and strategies supporting COVID-19 response. A study by ‘The Lancet’ on monitoring behavioral insights related to COVID-19 states that a perceived lack of consistency, fairness, objectivity, empathy, or sincerity in crisis response in the public could lead to distrust and fear among the community. Easy to understand measures, which include all the aforesaid components and their communication through trusted mediums along with provisioning for necessary services are perceived well by the community at large. Such measures will lead to informed choices and help develop an understanding of the same. Models of crisis and risk communication can be used to comprehend the risk perceptions for further planning and strategizing effective crisis response.

The Government of India has effectively used digital and social media platforms, television, radio, creative mediums such as caller tunes, songs, dance, and webinars to disseminate information, maintain the consistency of the messages while also addressing mental health during the times of COVID-19. Even after all these efforts, there is a need to produce the right messaging around COVID-19, more so because the level of risks varies from person to person, thereby, requiring effective communication strategies.

Witnessing the recent incidents in light of the current scenario, India needs to create a knowledge base about what drives behavior and the role of communication in mitigating the crisis. Stigmatization, misinformation on social media, herd behavior (people stocking food items, medicines, and even toilet papers), public perception of risk, protective and preparedness behaviors are challenges for public health communication which needs to be monitored. Although, public health crisis from previous pandemics, such as Ebola and Influenza, have helped us to get an insight into social behavior and public psychology, yet a lot has changed over time. When dealing with pandemics involving viruses, the ways in which information is gathered, and the outreach activities undertaken hold the utmost importance. National teams can work on cross-sectional studies that allow them to monitor the variables over time, assess the relationship (if any) between them, and gain an insight into the implications of interventions. These insights can be used by journalists to support media reporting while identifying their audience behavior and to develop a narrative for information sharing leading to positive behavioral changes.

Secondly, risk communication and community engagement focussed on changing community perceptions are important making presentation of the messages, related to the pandemic, an imperative aspect of the communication plan. Various evolution theories have suggested that compassion enables people to feel superior to other animals and supports group cohesion. Thus, compassion as a tool for societal bonding and duty of care spirit needs to be inculcated so that negative response to COVID-19 curative/preventive measures can be mitigated. As a result, this will help in developing an understanding among people with travel histories to self-isolate themselves without risking healthcare workers and people around them.

Thirdly, to establish authority and trust with the community it is important to reach out to as many people as possible on a regular basis. A participatory and community-based approach in preparing community action plans and communication strategies is essential. Efforts for information dissemination strategies by District Administration from different parts of the country should be appreciated. Whether it is “Break the Chain” campaign by Government of Kerala, a police officer talking about Coronavirus using a PA system and riding a horse covered in coronavirus themed painting in Andhra Pradesh or officers accompanied by men dressed in costumes of Hindu Mythological character ‘Yama’ to spread awareness among people about the consequence of violating police instruction in Telengana. Uniformed cops danced to teach hand washing steps in Punjab while in Kolkata and Pune they sang popular songs to cheer fellow citizens. These strategies have been effective in keeping people inside their homes during the lockdown. These responsive, transparent, and consistent messaging in local languages using community-based networks, involving key influencers and dissemination of information through local entities have a major role to play. Looking beyond the future of lockdown, there is a need for a long term communication strategy, as the world after post-COVID-19 will change. Preventive measures taken during COVID-19 will become the new normal.

Lastly, the use of the Health Belief Model, originally developed in the 1950s, in the country’s risk communication plan needs to be explored. It is one such model of social behavior based on a person’s readiness to change their own behavior. It states that behavior change is dependent upon perceived susceptibility (changing behavior unless they are at risk), perceived severity (change in behavior depends on the consequence), perceived benefits (getting benefits from the change in behavior) and perceived barriers (they perceive it to be hard to do change the behavior which has been adapted over time). It recognizes that huge efforts are needed to make people actually change their behavior, incorporating two more elements in the model i.e. cues to action and self-efficacy. External events that help in encouraging the desire to make a health change comes under the cues of action while self-efficacy is dependent on one’s belief to make health-related change.

Prime Minister of India, himself addressing the public at large and daily briefing by the Ministry of Health and Family Welfare about COVID-19 showcase that the Government of India is constantly trying to disseminate the correct information to decrease fear and distrust among citizens. This is the right time to develop, improve, and implement community-centered communication strategies for developing an informed and supportive community that owns the responsibility of its actions and leaves no one behind to make India COVID-19 free.

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Aishwarya Choubey is a young professional, NITI Aayog.

Disclaimer:  Views expressed are personal.

Our environment is our life

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There is an anecdote in Indian scriptures in which the mother earth in form of a cow met the then king, Raja Parikshit. She was in a great pain and distress due to her oppression and over exploitation. Tears were flowing out of her eyes as like a mother was weeping on the death body of her son. The king was righteous and almighty and hence he assured the earth and prospered her to a healthy state. Now, the history repeats and the mother earth is screaming again. She has been made barren and hollow by the precipitate digging of oil, water, coal, stones, gems and metals out of her womb. Be it water, or soil and air, the whole nature has been stricken.

The air quality index of metros like Delhi, Kolkata and Mumbai has crossed over 300 mark (very unhealthy category). We are facing worst water crisis. A report of NITI Aayog has said that 40% of India’s population would have no access to drinking water by 2030, if the current trends are followed. The perpetual rivers like Ganga, Yamuna, Kaveri, Panchganga and Godavari seem to be dying. More than 50% reduction in the water flow of Ganga, Godavari and Yamuna has been recorded. This is not limited to India but the whole world is suffering from this severe environmental imbalance.

These circumstances have arose out of the present 7.8 billion world population. The United Nations predicts that by the year 2050 the total world population figure may cross 9.7 billion. In the absence of any concrete policy and plan, this population could result in a big disaster. According to a research, 95% of the species of animals have become extinct and many others are on the verge of extinction. This declining biodiversity will create a crisis for life on Earth, which could be understood from the fact that the honeybee alone helps in the cultivation of more than 400 types of crops. If insects and moths are completely eradicated from the earth, life could not sustain on earth for more than 50 years. The earth would flourish better without us. The earth is not because of us but we are here because of this environment. Our environment is our life.

The world today is following a divisive and fragmented way of life. This fragmented view considers the creation and human as independent entities. Everything on the planet is for me and for my pleasure. It leads to the exploitation of resources and hence this idea is resulting in a disaster. On contrary, the unifying principle of every object in the universe in which the universe and human beings (or any other life) are not separate entities, but a part of this creation itself.

Just as animals, birds, plants, rivers, waterfalls, ponds and mountains etc. are a part of this nature, similarly man is also a part of the Mother Nature. Human beings can remain separate from their friends and relatives but could not separate themselves from the nature even for a moment. The trees give oxygen, and we are alive by taking the same oxygen in our breath. When a head is hurt, the hands protect, and when an ear hurts, the eyes shed tears. They know that they are parts of the same body and without that body the organs have no meaning. Whatever you experience as a part of yourself, nobody has to tell you to take care of that part. In any way you will take care of it. Similarly, if a man recognizes his connection with the nature, then he cannot harm her. Only with this holistic and integral way of life and the corresponding behavior, we can save the nature and life.

The idea of Param Purush and Vishwa Roop emanated from the Vedas, explains the same principle. We have worshiped rivers, mountains, animals, birds and plants on the same principle. This was the idea which encouraged the brave hearted lady of Rajasthan, Amrita Devi Vishnoi to sacrifice herself with 363 others members of her society for the protection of trees. The Daripalli Ramaiah who planted millions of trees alone and Babulal Dahiya, Tulsi Gowda, Jamuna Tudu, Salumarada Thimakka who devoted their entire life to the environment followed the same idea. Although they were less educated but their work and practice was awe-inspiring and the people of India were over-whelmed when they all were awarded the Padma Shri.

Resource are limited and desires are endless. Even if you get kingdom of the entire world, will desires cease? Mahatma Gandhi has said that nature has enough to fulfil everyone’s need but not to fulfil everyone’s greed. Today, we are in a democratic state and the public is all powerful. Democracy has its own limits and hence United Nations or any government can come up with any scheme, campaign and movement but cannot bound the people to behave in a particular way.

In democracy, people havw to play their role. Just as the fight with Covid-19 is being fought by each and every individual responsibly. Similarly and even more aggressively and pro-actively, every person has to come up as a leader in this environment conservation movement. We must understand that there is livelihood for life, not life for livelihood. Directionless economic development and an opulent lifestyle will not work to protect and nourish your life but pure water, clean air and chemical-free nutritious food will work. This notion has to go in everybody’s mind because problem has not arrived from the nature or the creation, but has been generated from the human mind and brain. Therefore, a long ago, the Isopanishad had said, “Ishāvāsyam idam sarvam yaţ kinchiţ jagaţyām jagat …” i.e., this whole creation, conscious and unconscious, living or dead is all pervaded by God. Enjoy whatever is given to you but with a sense of abstinence.

COVID-19: Abuse of PIL’s & supreme court’s telescopic view in minimum wages to migrant workers case

Introduction

Navigating through this mayhem the three pillars of democracy are acting as shock-absorbents and trying to maintain sense and semblance in society which is highly commendable. Though separation of power and mutual non-interference in each other’s domain is intrinsic to keep the constitution afloat, some progressive criticism on its working during these times is okay. The ongoing situation during pandemic compels us to apply both ‘telescopic’ and ‘microscopic’ view to assess the situation. While former is meant for all the institutions except the government including courts, the latter view is meant in regard to government to take policy decisions so as to improve day to day situations in nowadays context. Significant questions are raised regularly by civil society, representatives as to what is categorised as “matters of grave importance requiring urgent hearing”.

Recently, a public interest litigation was put up for hearing wherein the petitioners claimed a “right to livelihood” for migrant workers. The authors through this column intend to highlight the telescopic and far-sighted role played by Hon’ble Supreme Court of India[i]while passing the order. The Hon’ble Court[ii]while hearing the matter observed that , “wedon’t want to supplant the wisdom of the Government with our wisdom”and hence left it upon the prudence of the government within  domain of the State[iii]. Such an observation made by the Hon’ble Court has led to critics accusing them of not protecting the fundamental rights of migrant workers.[iv]Before getting into the merits of the observation placed , some important questions are raised here?

  • How insulated should judiciary be from the demands of the people during these unprecedented times?
  • What rights of the individuals, which category of individuals etc. must be protected against the claims of the government ?
  • How should power be divided among federal and state government?

Post-Independence Era

As the state of Punjab was cut arbitrarily into two lines, rather than a peaceful transition, sectarian violence erupted which saw the bloodiest of atrocities across the two nation. Around tens of million people were displaced as a result of partition and nearly one million died. Refugee camps became part of the landscape of major cities in the northern part of India and the government remained the custodian of policy matters and a watchdog of humanitarian crisis prevalent in the society at that time. The Constituent Assembly was working in tandem with that of government and played a very crucial role in keeping up with times. To deal with such situations, one of the eventuality prescribed in the constitutional text was imposition of National Emergency (Art.352) on the grounds of war or external aggression or a situation of an armed rebellion. The present situation of having a pandemic which has bought the world to a stand-still may not come under the purview of a National Emergency but can be termed as a case of “social emergency[v]which no civilization has ever encountered in the past. The warriors to deal such a situationwherein‘war like preparedness’ in required comes not from Army personnel or combatants but from the doctors and law enforcement agencies of the government. 

The fundamental rights envisaged under Part III of the Constitution are not absolute and unfettered. The scope of rights provided under Article 21 of the Constitution has been expanded to the effect that ‘right to life’ includes a life in a dignified manner yet critics argue that in emergency like situations ,they can be done away with.

Issue of ‘Migrant Workers’ Case 

On 1stApril a PIL before the Supreme Court was filed, asking, inter alia, that the State should ensure payment of minimum wages to all ‘migrant workers’ whether employed by establishments, contractors, or self-employed.  The argument raised by the Petitioner stated that due to nationwide implementation of  lockdown, Article 14 & 21  has been violated of the ‘migrant workers’ hence  minimum wages were sought for. The arguments raising violation of Article 14 is based on the premise that migrant workers are not having means to earn their livelihood through facilities like ‘work from home’ hence they are the biggest sufferers. The petitioners’ plea also stated that the State ought to perform its positive obligation by mitigating the disproportionate impact that has been caused by its ‘own decision’ to order an enforced lockdown.

The author of this article respectfully rebuts these contentions on two grounds. Firstly, that the right to livelihood is adversely effected not only for migrant labourers but to other categories including beggars, daily wage earners , disabled, homeless etc. Though it is true that this lockdown has come as a double crisis of health insecurity and economic nightmare for many , at the same time the government is coming forward with various temporary provisions, measures, packages to safeguard interests of people so as to mitigate the impact and magnitude of this crisis for them. Cherry-picking one category while leaving many other groups of affected people would clearly tantamount to violation of Article 14. Though rights are needed to be taken seriously , at the same time it ought to be understood that the situation is unprecedented, unexpected and grossly unforeseen across the nations. 

Taking example from Germany, the Basic Law distinguishes between externally and internally induced emergencies. During an external emergency there can be a shift towards the federal government, simplifications in the legislative process and restrictions of fundamental rights. How do these regulations match the current COVID-19 epidemic? What about Fundamental rights? Answers are of course not very simple but this needs to be looked on the basis of prevailing circumstances which are not normal but exceptional . Hence there was a drastic limitation placed upon fundamental rights by the present government .

Though in Indian context we need to have a codification as to what is normal and what is an exceptional circumstance keeping in mind the present scenario, it also needs to be emphasised that extraordinary times require extraordinary measures. Rights based litigation during these times is a part of a larger debate. Even Article 15 of the European Convention on Human Rights explicitly contains regulations for the restriction of fundamental rights in states of emergencies and can serve as an example for law and policy-makers during a dilemma. 

Another argument raised by the petitioner was that, Article 21 should include right to livelihood with specific questions on payment of wages. The Hon’ble Chief Justice of India responded to this by asking “why wages are required when meals are being provided by the Government?”. The critics have pointed out that loss of livelihood, economic loss or mental agony  caused to migrant workers is a direct result of State action hence the onus to rectify the same falls completely upon the state. That mere subsistence of protection of life by providing meals would not serve the purpose of migrant labourers. 

The authors again express their humble disagreement with such a narrow interpretation that lockdown is the result of State action and this action shall be subject to strict Judicial Review in the times to come wherein the reality is that the government is fighting at all fronts during this situation equivalent to “social emergency”. The panacea and quick-fix in case of infringement of constitutional rights leads to knocking up of doors of Court under Art 32 and Art 226 – the hallmark of the Constitution which needs to be used sparingly and as a measure of last resort. The present PIL challenging the situation of State Action to enforce entire catena of rights interpreted under Article 21 during these extraordinary times is reflective of the misuse of PIL culture[vi]which is acutely deplorable and pitiable to say the least. The ‘right to health’ and ‘right to food’ which are well covered under Article 21 are well enforced by the State but any other infinite expansion of this constitutional text as per convenience of few would lead to a chaos  and disaster to many others in the country which cannot be reversed. As of now India can come through  Covid-19 crisis, albeit not completely unscathed , but it will require robust leadership & much strong emergency measures which the government is duly taking at its behest.

Revisiting My Lord, Justice H.R. Khanna’s Principles

The petitioners cannot paint the canvas of Articles 14 and 21 of the Constitution for all times and in all situations. Hon’ble Justice H.R. Khannain his famous dissenting opinion has very well laid down the Magna Cartaof implication of State action on fundamental rights of citizens during the times of emergency. The position during “Emergency” was due to State Action but the present time cannot be compared with an emergency situation as the plight of ‘migrant workers’ is not because of state action or inaction but to facilitate their ‘protection of life’ due to an ongoing threat of highly infectious disease multiplying manifold with the speed of infinity taking entire world in its grip.

The Hon’ble Supreme Court has not only raised the morale of the Government in such challenging times but has also aptly applied the principle of ‘separation of powers’ to not encroach upon State’s role to control the spread of disease. It would not be out of context to cite the Judgement[vii]rendered by Division Bench of Hon’ble Punjab and Haryana High Court, headed by Justice Rajiv Sharma,  who dismissed the PIL filed against decision taken by Chandigarh Administration to ‘relax the curfew’ in public interest on the ground that scope of judicial interference in a policy matter is very limited and Administration has weighed all pros and cons before taking the decision. 

CONCLUSION

A famous German virologist calls Covid-19 a “natural-disaster in slow motion”. It has re-set the clock of entire world and an impending disaster seems to await unless a vaccination is found or a natural immunity is developed. The morale of global society is down and everyone, everywhere across the national boundaries are at first trying to save human civilization in totality. Under such circumstances and as a positive critique of democracy it needs to be remembered that all the pillars should work constructively in tandem, aimed towards betterment of the society as whole. 

 The famous anecdote of Niels Bohrwas quoted by their Justice D.Y. Chandarchud, lately in an address wherein he highlighted the importance of Constitution. He said that the Constitution works for even those who may not believe in it.[viii]Father of the nation Mahatma Gandhi always emphasized the importance of de-centralised form of governance so at to reach grass-root level and ensure last-mile connectivity. Looking at the present scenario, the novelty of the virus and India’s disaster preparedness response during this pandemic seems to include even the last strings of the chord including government doctors, police officials, divisional commissioners, district collectors, zila parisahds, nagar palikas, safai karamcharis et,cetera. who are working day in and day out to combat this deadly virus and come out bigger and better. The response may not be the best but the least that can be done is by not interfering in the working of the government and by letting them decide upon the public policy matters ensuring dignity of life and the Judiciary to consistently  maintain a constructive cross-check. 

The cult of ” poor” as proxy for PIL’s needs to stop especially during these unprecedented times. In the present context the, The PIL leviathan should be reined in to its origins, its applicability, why choosing one particular class of individuals and the overall ambition that the PIL needs to attain. It needs to be gauged whether fundamental rights, statutory rights or mere interests are at stake. Interests are loosely referred to as legal rights, blurring what is actually deserving of legal protection during COVID times.

*Ashish Bansal is practicing advocate at the Punjab & Haryana High  Court, Chandigarh. 

**Pragya Parijat Singh is a practicing advocate at the Supreme Court of India. She is presently pursuing her LL.M from University of Cambridge, UK. The views expressed in this article are entirely personal


[i]Refer to Order dated 07.04.2020 passed in Wit Petition (Civil) Diary No. 10801/2020 available at the website of the Court. 

[ii]https://www.barandbench.com/news/litigation/migrant-workers-plight-during-coronavirus-lockdown-will-not-interfere-in-government-decision-for-few-days-cji-sa-bobde

[iii]https://www.tribuneindia.com/news/nation/sc-refuses-to-pass-order-for-payment-of-wages-to-migrant-workers-during-lockdown-66933

[iv]https://indconlawphil.wordpress.com/2020/04/07/coronavirus-and-the-constitution-x-rights-not-policy/

[v]https://timesofindia.indiatimes.com/india/coronavirus-pm-modi-interacts-with-floor-leaders-of-political-parties-says-priority-is-to-save-every-life/articleshow/75046993.cms

[vi]https://www.ndtv.com/india-news/shut-down-public-interest-litigation-shops-centre-to-supreme-court-2205739

[vii]Judgement dated 29.03.2020 passed in CWP-PIL No. 38 of 2020. 

[viii]https://timesofindia.indiatimes.com/india/constitution-trusts-the-wisdom-of-people-justice-chandrachud/articleshow/67177250.cms

Lockdown and Mangru

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Streets are now widowed. Her red mark smeared with tears and salt trickles down the huge blue canvas, painting the story of man’s grief. There isn’t much rolling on the black tarmac which otherwise has always been grey. Only a few vehicles now and then breaking the monotony, distanced as if they are averse to each other’s proximity. A white sheet is pasted on their face crying out loud their VIP status-ON DUTY-ESSENTIAL SERVICES-POST/HEALTH/MEDIA/DAIRY etc etc.

Essential means only that which is tangible, right? However a band of ‘free men’ are on the roll in the streets flouting lockdown, possibly because they noticed for the first time that the walls in their house overwhelmed with photo frames are closing in on them. Damn! these walls and sentiments. Someone amongst them brought up Mangru and they all engaged-what will become of his family, now left with scanty food? Sadly none quipped about the abundant reserve of foul water. And then they quickly whisked to other topics. Mangru, Premchand’s Hori and Dhania, Mulk Raj Anand’s Bakha-their names have a peculiar ring to it.

People like us are unaccustomed of hearing such names except in the leaves one may have turned over. People like us-I need not explain that. It’s fairly obvious. People having essentials laid out in plate and empathy gushing out from hearts that somehow doesn’t translate into action. I wonder if something will change for Bakha if he is renamed to something that comes across as ‘familiar’ to our ears. I wonder if the pejorative overtone in his name will ever go away. I wonder if it will draw attention to the variety and gravity of their drudgery. Mangru is on a great fall. Falling through the cracks of system and security net of empathetic civil society. Even the sieve that media extends is too broad to catch him. In a critical phase when stranded laborers are scavenging through pile of discarded food, contrastingly the ‘mainstream media’ has successfully hoarded surplus fodder for itself to ruminate over years.

The 5 p.m. battle ground is a slot facilitating exclusive access to communal slurs and bigotry while Mehak sustained only with salt and raw rice, curses herself for her dried-up breast oozes no milk to feed her new born child. Meanwhile, Darwin reposed in his fine and private place ,grins at Pope praying to an empty ST.Peter’s Square and at the hushed pilgrimage to Kabbah attended by none but a flock of birds.

Amidst all the clamor of claims and theories about fate and helplessness of human, I am reminded of Shaw’s’ Creative evolution’. The intention at the back of his idea is that man should work judiciously towards the evolution of a human form that will be strong enough to maintain the paradise on earth. Man is the potential superman, that can hasten the evolutionary process by ‘’willing’’ his upward development. Tangible empathy towards the most vulnerable groups and faith in human capabilities will ensure survival of all and not just the fittest.

Communal lynching of saffron clad Sadhus: The Palghar incident

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Some 100-odd kilometres north of Mumbai in a town called Palghar, two Hindu priests and their driver were mercilessly lynched by a frenzied mob, suspecting them of being petty thieves, while they were on their way to attend a funeral. Lynched brutally with connivance of the police officials who allegedly tossed those innocent men into the hands of the crowd and shamelessly stood by as passive spectators. 

The incident took place in the Konkan division of Maharashtra bordering the state of Gujarat which witnesses a large numbers of conversions every year, especially the conversion of tribals inhabiting that area. Christian proselytisation has led to the emergence of an ecosystem where converts are tacitly indoctrinated into hating Hindus, especially upper class Hindus. The tribals of Palghar faced the brunt of christian missionaries after they began rejecting their notions but with constant drum-beating and deceitful schemes, those evangelists proved themselves victorious in exploiting the vulnerabilities of such tribes, eventually getting the best of them. The mob that lynched the three men majorly comprised of these tribals.  

But not a word of condemnation from our revolutionary friends who seem to have embarked on the journey of transforming the Indian society by freeing it from the shackles of ‘patriarchy-driven-backwardness’. Not even a modest reference to communal lynchings. No words either from the flag-bearers of the cherished notions of French revolution. No human rights activists or NGO-hoppers? Because here the victims unfortunately happen to be saffron clad Hindus.

Without an iota of doubt, one can effortlessly arrive at the conclusion that the CM of Maharashtra has allowed the state to descend into lawlessness and anarchy, where the ubiquitous nature of the ‘rule of law’ has been subjugated to a mere theoretical phrase that different people use differently so as to suit their preferred narratives. 

Relations between India and Israel have reached a new phase

Relations between India and Israel have reached a new phase. Last year India voted in the United Nations in support of Israel for the first time. However, in the past also, India helped Israel and Israel helped India through all difficult times. Be it the China War or the 1971 and 1999 kargil war with Pakistan, Israel helped India with sophisticated weapons. Now when the whole world is struggling with the corona epidemic. India has become a troubleshooter for many countries in this global crisis.

India Recently removed the ban on the export of hydroxychloroquine and started export to Israel. This drug is proving to be very helpful in fighting corona. After Brazil and United States Of America, now Israel has also thanked India and praised Indian prime minister Narendra Modi for hydroxychloroquine. Indian prime minister Modi has also assured Israel that we will provide all possible help.

Before, In light of the lack of supplies, Israeli prime Minister Benjamin Netanyahu requested Narendra Modi to approve an exemption and allow ‘the exports of masks and pharmaceutical raw materials’ to Israel. This request was presented after India came to a decision of terminating the export of these products to meet its own domestic requirements considering the rapid spread of novel coronavirus. India approved to Netanyahu’s demand to supply them N95 face masks for medical teams and raw materials for the Israeli pharmaceutical industry.

Chloroquine was initially used for malaria, later it was used as an arthritis and pain reliever. Hydroxychloroquine is an advanced version of the same drug. Investigations so far have proved that this drug is effective to some extent in the treatment of corona. Apart from prevention, there is no cure and cure for this disease, hence the same drug is being used.

Earlier, the Israeli Embassy had requested the Indian Foreign Ministry to transport Israeli citizens to Israel amid the global epidemic of corona virus. After which the Indian carrier Air India safely evacuated 314 Israeli citizens to their country by their special aircraft. Israel also thanked India wholeheartedly for this. The symbolic gesture of helping foreign nationals in the middle of an outbreak is a sheer gesture of growing trust and friendship between the two nations.

Last month Indian Defence Ministry signed a contract of 880 crore for purchasing almost 16,000 light machine guns from an Israeli firm for frontline troops. The deal was highly criticized by activists around the world. They claimed that the deal amount could have been put into a better use during an epidemic crisis. The deal was introduced on the life expense of doctors on the frontline in India, where they have been continuously complaining of a shortage of medical face masks and proper gears. India went ahead in signing the agreement. By ignoring all, the two countries shared friendship and complete the deal.

There is a lot of similarities too between India and Israel. India and Israel were born in the same year 1947. However, Israel officially gained independence in 1948. The initial relations between the two countries were not good. It was only in 1947 that India voted against the recognition of Israel as a nation. Similarly, in 1949, India once again voted against making Israel a member country in the United Nations. In the first 2 years with the rise of Israel, India’s favor was always against Israel.

Relationship of both countries improvement started in 1950. For the first time in 1950, India recognized Israel as an independent nation. Along with this, India appointed Israel’s Counsel in 1951 in a local Jewish colony in Mumbai. It was upgraded in 1953 to the rank of Counsel. In 1956, Israeli foreign minister Moshe Sherrat visited India amid the ongoing controversy over the Suez Canal. The Suez Canal dispute was between Egypt and Israel.

Israel also helped India with state-of-the-art weapons during Kargil war in 1999 against Pakistan. Not only this, when the Indian intelligence agency RAW was formed by then prime minister of India Indira Gandhi, the Israeli intelligence agency Mossad helped a lot. In 1992, PV Narasimha Rao was the prime minister of India, at that time India established diplomatic relations with Israel.

From 2015, the real story of the changed and postive relationship between both countries became public. India remained non-existent at the United Nations during the vote resolution on human rights rights abuses in Israel. Only after that the first visit by an Indian prime minister took place in Israel in 2017 and prime minister Narendra Modi visited Israel for 3 days. In 2018 Israel prime minister Benjamin Netanyahu undertook a 6-day extensive tour of India. However, at the United Nations, India voted against a resolution recognizing Jerusalem as Israel’s capital.

Pappu ki factory: India’s love for dynasty

Covid-19 crisis is a unique one. Staying indoors because of a government imposed lockdown for so long is equally unique. Yet this never before never again tragedy, produces responses which are deeply stereotyped.

To me, most state Governments have understood the gravity of the situation and in partnership with Centre are doing their best. At this moment there is not much to choose between any of them as outlier on either side. Best or worst. However, notwithstanding the best effort, there have been few lapses such as attacks on doctors, or patients breaking the quarantine etc. And though infections & death numbers across the country are not out of control, they are not stopping either.

Infected foreigners coming into Mumbai (Thane including) and Pune in large numbers, turned both these cities into Covid-19 hot spots. Mumbai is having more than 20% of country’s Corona patients followed by Pune with close to 4 %. Even mortality ratio in these two cities is way above national average. Obviously this has sent alarm bells ringing there. As luck would have it, lot of my relatives and friends stay in these cities. And understandably, they are under pressure.

During one of these lockdown days, Maharashtra CM, Uddhav Thackeray appeared on TV. He had not much to offer. Just a general palliative advice. Stay home, maintain social distance, watch Ramayana & Mahabharata on TV, play cards etc. And then he went on to say something really funny. He added, please don’t use Air conditioners and Air coolers. By that he meant, that staying in colder surroundings might lead to cold and cough. Which might create conducive conditions for Covid-19 infection. Now there is no scientific or clinical evidence to support this statement. People in extreme hot conditions have also been infected by Covid-19 and died too. This is nothing short of misleading general public. And that too in official capacity as a Chief Minister. 

One of my relatives, from one of these two cities, called few days post this address. And what that person said, shocked me. For this relative, the CM was calm and composed. What he said was reassuring and made sense.  But the best (or worst) was kept for the last…”He is a natural”. The call ended. I was left shell shocked.

Reassuring? How? Maharashtra is doing worst when it comes to containing Corona crisis. And Mumbai is the biggest hot spot right now. For a moment let us cut some slack to Uddhav for not containing this current crisis. But what about regular administrative fumbles and complete surrender to ‘Secular’ lobby in the alliance? Just look at these instances over last couple of weeks.

8th April: Anant Kurmuse, 40 year old engineer was picked up NCP thugs, taken to Jitendra Awhad’s bungalow (Cabinet Minister for Housing) and thrashed brutally. Police was complicit. 

9th April: Already holidaying, multi-scam indicted Wadhwan family breaks lockdown and travels 180 km (Khandala to Mahabaleshwar). Approval letter for this was provided Principal Secretary.

14th April: Mumbra: Hundreds of Migrant workers gather and break the lockdown.

14th April: Bandra: Thousands of workers gather outside Sunni Masjid, adjoining Bandra station under the pretext of travel.

16th April: A mob lynching took place. 3 people, including 2 Hindu Sadhus were brutally hacked to death. In video, police is seen police man handing over 70 year old Sadhu to the murderous mob.

Particularly the last incident, has exposed the wobbly law and order situation in Maharashtra.

All these shocking lapses have taken place in last 8 days. And every incident has basically broken lockdown. Which is proving biggest factor in stopping the spread of infections. Undoubtedly these have contributed in turning Mumbai & Pune into hot spots. Last six months have clearly shown Uddhav lack the required administrative experience and maturity to handle someone like Sharad Pawar. This calamity has merely exposed it ferociously.

Yet why did my relative feel CM is doing a fantastic job? Is it the middle class’ disappointment with Modi Sarkar which is showing up? Or the regional bias? It’s an open secret that Devendra Fadnavis was not even liked by many BJP voters from these cities. The main reason, he tried too hard to correct regional imbalance between Vidarbha and West Maharashtra. Or is it the fear of death, which is pushing people to clutch to whatever they have? Completely baffling! I was at my wits end.

I went over the call again. And again. And then it struck me! The call ended with “He is a natural”. It was a perfect stereotype! By ‘Natural’, the person meant Uddhav is the heir to a throne. His father, the iconic Balasaheb’s throne.  So leadership, handling people, administrative skills are in his blood! He can’t be a failure. Maharashtra and Mumbai may be biggest contributors to Chinese Virus infections. Sadhus may have been lynched. Own allies may be sabotaging the administration every day. But all this data doesn’t matter. What matters, in this crisis is he belongs to ‘Royal’ family. He is born to rule. Also the fact that, he has replaced someone from far off Nagpur, definitely helps.

You see, it’s not a coincidence that you see dynasts all around you, in every political party. There is a reason, notwithstanding the election defeats Congress persists with Rahul. Today BJP may be gaining by branding him as ‘Pappu’. But Congress high command knows, sooner than later, people will start falling to this “He’s a natural” campaign. We may chant “Merit”, “Talent” and “Hardwork” every day, but secretly we love the dynastic progression. In nearly 75 years, non-dynasts ruling India was rare. Modi is an exception. Pappus at the helm is the rule. We are in danger of becoming a factory of ‘Pappus’.

भारत में प्रमाणपत्रवाद (सर्टीफिकेशनलिज़्म) का सफर

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प्रमाणपत्र : एक ऐसा पत्र या डॉक्यूमेंट जिससे किसी खास व्यक्ति, समाज या फिर उनसे जुड़ी किसी भी तथ्य को प्रमाणित करा जा सके।

आम रूप से इस पत्र में जिनके नाम पर जारी किया गया हो उनका नाम और अंतिम में जारी करने वाले अधिकारी का हताक्षर एवं मुहर लगा होना अनिवार्य होता है। परन्तु हम आज जिस प्रमाणपत्र विशेष पर चर्चा करेंगे उसमें ये सब का झंझट नहीं है। राह चलते या फिर आजकल तो हर कुछ में e-सुविधा हो गयी इसलिए डिजिटल माध्यम भी एक्सेप्टेड फॉर्मेट है। आई थिंक कि आप समझ गए होंगे अबतक कि किस प्रमाणपत्र का जिक्र होनेवाला है। हाँ वही भक्त, संघी, चड्डी, अन सेक्युलर वाला।

हाँ तो चर्चा को आगे बढ़ाते हुए सीधे पॉइंट पर आते हैं। हुआ यूँ कि 26 मई 2014 को औद्योगिक युग के इस दौर में अचानक से एक शार्प टर्न आता है और फिर से चीन से लेकर अमेरिका यूरोप होते हुए भारत के हर कोने में अचानक से कुछ सामाजिक, सांस्कृतिक, ऐतिहासिक, और नोबेल से लेकर भावी मैगसेसे अवार्ड धारी वैज्ञानिकों द्वारा हर साइज के प्रमाण पत्र छापने के लिए प्रिंटर और कागज़ खरीद लिए जाते हैं।

बस फिर क्या, उसके बाद धड़ल्ले से जहाँ तहाँ वो नायक फिल्म के अनिल कपूर वाली स्टाइल में जो सामने दिखे उसके लिए प्रमाण पत्र प्रिंट करते और झट से अपने नेचुरल गोंद से सामने वाले के मुंह पर चिपका दिया करते। और बेचारा सामने वाला फिर उसको नाख़ून या कुछ भी से नोच कर नजदीकी बाथरूम या सुलभ शौचालय जैसे जगहों पर धोने चला जाता। इस कार्यक्रम से कुछ यह हुआ कि बहुत लोग अपने बाल उखड़ा जाने क डर मात्र से या तो वैज्ञानिको कि पंक्ति में आ गए या ये सोचते हुए चुप रहने लगे कि अगला सनकी है भाई वी शुड नॉट इंडल्ज आवरसेल्वस इन दीज थिंग्स। लेकिन इसी दौर में समाज के लगभग हर भाग से कुछ शेफाली वैद्य, मधु किश्वर, विवेक अग्निहोत्री, मेजर गौरव आर्या, पुष्पेंद्र कुलश्रेष्ठ, अर्नब गोस्वामी, रोहित सरदाना,अजीत भारती, डिफेंसिव ऑफेंस वाले वैभव सिंह, एवं op इंडिया इत्यादि टाइप थेत्थर लोग आ गए जो उसी गोंद लगे स्टिकी पत्र को सामनेवाले के आठ में से कुछ छिद्र को मूंदने के पीछे हाथ धो के पड़ गए। और कई बार तो वैज्ञानिको के प्रयोगशाला पर ही धावा बोल दिया जाने लगा। कई सारे वैज्ञानिको के गले से लेकर प्रिंटरों के इंक तक सूखने लगे। बस फिर क्या था, आफत शुरू।

ये दोनों पक्षों की लड़ाई चलती रही। ट्रस्ट मी, खूब चली और उस लड़ाई का अंत वैसे तो कायदे से 23 मई 2019 को ही हो जाना था । पर अफसोस कि ऐसा हुआ नहीं, और अभी भी छपाई धड़ल्ले से चल रही। क्रेडिट गोज टू पता नहीं किसको!

और फिर इसी तरह की एक और कोशिश यही बीते 22 मार्च को भी की गई जिसमें इन प्रिंटरों को तोड़ने के लिए लिए ताली, थाली, घड़ीघंट और नहीं कुछ तो कोई कोई संघी लोग शंख बजा दिया ताकि आवाज से कुछ जलजला टाईप आ जाएगा और कागज़ सब उड़ वूड जाएगा। एक हद तक उड़ा भी। इन फैक्ट काफी उड़ा। यहां मलेशिया से भी देख पाए हम तो।

फिर 5 अप्रैल को इन्हीं लोगों ने मोदी के कहने मात्र से हीं दीया जलाने की साज़िश रच दी जिससे बाकी बचे कूचे सब कुछ को जला के रख दे! और जला भी दिया, आप खुद हीं लेटेस्ट नासा की सेटेलाइट द्वारा ली गयी धुआं रिपोर्ट में यह क्लियरली देख पाएंगे। फिर हमें बताइयेगा कि हम सही कहे कि गलत!

वैसे जाते जाते यही कहूंगा कि जो भी हो, बस ये मोदी और अमित शाह की सरकार बस इतनी सी जिम्मेदारी रख ले कि इन छापाखाना चलाने वालों की खुद की कागज़ सलामत रहे, नहीं तो क्या ही दिखा पाएंगे!