Home Blog Page 499

Is BSNL Crisis a product of 2G Scam?

Anant Chetan
-
0
Is BSNL Crisis a product of 2G Scam?

“2G, 3G, CWG, coalG, madamG” as soon as I uttered these words, my friend (the same for whom I wrote He turned from being a die hard Modi fan to a Modi hater!) turned around, looked at me for a second and asked “Do you think 2G spectrum allocation was a scam?”

Of course it was and everybody knows it.

How? He asked, settling down on the couch. I could sense some sort of confidence from his body language, as if he knew what I was about to say and how I would not be able to prove my point.

Nevertheless, I started with whatever I knew. The government gave away the licenses at throwaway prices; 85 out of the 122 licenses awarded were illegal. The recipients did not fulfill the necessary requirements. The process was not transparent. And some more…

Again with the same type of confidence he said “and how does it affect the common man of India?” He continued, if the government would have followed the exact rules and regulations mentioned in book, had awarded the licenses to a limited number of companies, with heavy fees, would it not have affected the price of the service we common people used? Would the service cost not go up when the companies had paid hefty amount for the licenses and had only a few competitors in the market?

Awkward silence in the room.

I had no rebuttal to this. It made sense to me. May be the way government awarded licenses was unfair, some deserving company might have been left behind but the people of India did enjoy affordable services. How can this be called a scam? Can a scam be good for the people?

Moreover, Congress came up with Zero Loss theory according to which there was no loss incurred to the government. In 2017 the court also acquitted A. Raja and all his buddies, re-enforcing the fact that there was no scam. Was it just a political gimmick, highlighted by BJP for its own electoral benefits?  I had tried to dig up more information about the scam but every time I would only find the same things;  be it government not following the procedure or missing transparency or crony capitalism or favoritism. But nowhere I could find how it affected the common man like me, ………until this month.

My favorite politician, who just returned from Bangkok and will be traveling to Indonesia soon, as if it was his transit stay in India, dropped a harmless looking tweet:

merge_bsnl

It might look like another tweet from an opposition leader, however, it is not. This tweet gives an important insight as to how Congress came out clean when the shit hit the fan.

I started to dig up information through news articles, reports, different court cases related to BSNL and I started gathering information not just from 2019, or 2014 or 2011 or 2007/08 but since the time BSNL came into existence in 2000.

BSNL was very much a profit making company in the beginning or till 2007 to be precise. What happened after 2007? What changed in the later part of the decade? It was India’s largest telco both by revenue and subscriber base till 2006-07. The PSU had over 75 million customers (fixed-line and mobile), had revenues of Rs 39,750 crores, with a net profit of Rs 7,805 crore. What changed in the next two or three years that it made its very first loss of Rs.1,822.65 crore in 2009-10? Continue reading to know some of the policies/government actions that lead to the mess.

First, when in 2006-07, the telecom market in India was growing at 50% every year, BSNL’s expansion plans were foiled by the government policies. BSNL was not allowed the extra lines it requested, whereas the private vendors like Bharti Airtel expanded their services. BSNL’s tender for 45 million new lines was put on hold and later only half of the requested number i.e. 23 million were authorized. BSNL started lagging behind its competitors.

Second, a few years later, BSNL was not allowed to buy equipment from Chinese vendor amid the security concerns. However, all other private telecom companies were allowed to buy equipment from whichever vendor they wanted to.  This temporary ban was released in 2010, I am not sure if the Chinese had become friends by then and but am pretty sure that BSNL had lost its market share to the private vendors.

Third, Access Deficit Charges (ADC) which were levied on the private vendors so as to create a fund that would help BSNL provide rural services was discontinued. Instead it was replaced by Universal Service Obligation (USO). However, the interesting part was that even BSNL was asked to make a certain contribution to this fund. In short, it receives less amount for the rural services than before. Just to explain, if there are a total of five vendors including BSNL, and an amount of 100 Rs has to be generated for low cost services, earlier the private vendors were paying 25 each. But now with USO, all the five were paying Rs 20 each. So instead of Rs 100, BSNL now received only Rs 80 because Rs 20 were its own. In addition to this, even the cellular companies were allowed to use the USO funds, if they claim they are providing services in rural areas, cutting the funds for BSNL even further.

Fourth, around in the same time frame happened the spectrum auctions 2G, 3G and BWA (Broadband Wireless Access). BSNL was awarded BWA spectrum in a different frequency range than the private vendors. BSNL was awarded spectrum in 2.6Ghz whereas private vendors in 2.3Ghz (smaller frequency provides larger coverage). BSNL had to later surrender the spectrum, bearing a huge financial loss plus massive loss in market share. Moreover, BSNL was also forced to sell its WiMax franchise to Startnet, incurring further losses.

Fifth, BSNL was forced to pay more for the spectrum as the private vendors were given a temporary exemption.

Sixth, BSNL was asked to return its CDMA specturm. The company had invested nearly Rs 600 crore in a countrywide CDMA network after it was allotted the 800 MHz spectrum by the government.Not only the entire investment went waste, but the company had to spend an extra Rs 250-300 crore to re-engineer  networks and move majority of our CDMA customers to lower-grade spectrum.

Now the trillion dollar question “Why would somebody make a profit making company into a loss making company? What does anybody get out of a careful mismanagement like this?”

The government sold the 2G licenses at throwaway prices to the private vendors, even those who had no telecom experience or infrastructure. (which was by the way a pre-qualifier for the vendors bidding in the auction). Some of these private vendors later sold their stakes at a very high prices in just a few months or years. Unitech paid Rs 1658 crore for the licenses and sold 67% of their equity at Rs 6120 crore soon afterwards, making its full equity, Rs 5 lakh a few months ago, worth at Rs 9100 crore; Swan Telecom paid Rs 1537 crore and sold 45% of its equity at Rs 3217 crore later, making its total equity worth Rs 7192 crore. (these figures are taken from a paper Unfolding of a saga: 2G Spectrum by Govind Bahattacharjee).

Now comes an interesting question, how were these companies without any telecom infrastructure or a working setup, able to sell their stakes at such high prices?

These companies used BSNL’s infrastructure for FREE in the garb of Free Roaming services. Remember, BSNL is already a loss making company, its towers and infrastructure is just laying waste. Why not use it for the greater good? – Help the private vendors kick start their business.

So, yes Kapil Sibal’s zero loss theory was accurate. There was no loss to the government, BSNL bore the brunt at that time. As of today, BSNL may have incurred a total loss of more than Rs 90,000 Crore and the government just announced a Rs 70,000 crore bailout package. Now this is a loss to the government and the tax payers, but it is during the BJP rule. Congress never let any loss happen to the government so to say. CAG had come up with four different number ranging from 58,000 Crores to 1,76,000 Crores, it was media who used the bigger number to sensationalize and win TRPs. The current loss to the country definitely falls in that range.

More than the corrupt, cunning and selfish Congress and DMK leaders, BSNL employees are to be blamed for this huge mess. Not only were/are they incompetent but also betrayed their own company who provides them with their bread and butter. Why incompetent? 176,000 BSNL employees cater to a subscriber base of around 110 million whereas less than 20,000 each for Airtel and Jio cater to more than 300 million customers. A time and work question for students preparing for government jobs: How much more is the productivity of Airtel employees than the BSNL employees when considering the figures mentioned above? Your options are a) more than 95% b) less than 95% c) none of the above d) incomplete information. Post your answers in the comment sections.

Moreover, 176,000 is the number today, in 2010-11 it was more than 300,000. I think the government was simply hiring the people so as to keep the unemployment numbers in check. Remember Sam Pitroda? the “hua to hua“ fame? He was the first one to come up with this awesome Voluntary Retirement Scheme along with 30% divestment of the firm. Its exactly like Rahul Gandhi’s potato to gold machine; you take an unemployed person on one end and get a retired employee with lacs in his account on the other side. What an Idea Sir Ji!

Its the same with Air India or any other PSU.  Air India has been bearing the losses for the aviation scams. Coal gate scam; the coal was not mined as of that time so no loss. At the time when it would be mined, it would be a different government bearing the losses hence zero loss theory is always going to win and nation would always lose. Rahul Gandhi revealed his government’s past strategy, however he fumbled with the ordering of the different steps. The correct order is Mismanage, show mega losses, sell cheap to crony capitalists and merge. Maybe the people like Mr. S. Swami who filed the PIL in the first instance should refile the PIL after taking BSNL into account. Because in the first instance BSNL is not mentioned even once. 

The governments always come with solid strategies and long term plans. Its easy to look back and say “oh they built it piece by piece“, but it does not make sense before it is actually done. Be it scams like 2G, CoalGate or reforms like demonetization and abrogation of 370. Do you think Demonetization and scrapping 370 was spontaneous? No, they were not, the day BJP came to power, PM Modi started working on Demo and scrapping article 370. Have a look at Modi gov’s surgical strike(s) on Black Money and After effects of abrogating 35A and diluting 370

Thanks for your time and patience. Thanks for reading! Please visit my blog: Infinite Sea Of Opportunities for some other interesting articles.

The BJP’s loss in Jharkhand elections is its own making

G Indira
-
0
The BJP’s loss in Jharkhand elections is its own making

The BJP, of late, has lost two states one bigger and vital state- Maharashtra and one smaller state but significantly important one (that has been loyal to the party all along) – Jharkhand. Both happened at the fag-end of the year 2019, though the year started with a thundering note of the resounding BJP victory in general elections April-2019 with the capable, unmatchable leader Shri Modi at the helm. The BJP even at the year-end, basking on the glory of their victory at Centre, forgetting that states will have their own regional parties with regional aspirations and to compete with them, the BJP needed to tie up/make alliances with them. Like Abhimanyu of Mahabharata, it went alone and was seized by the opposition JMM-Congress’s trap.

Winning elections, depends purely on arithmetic (of the allies), and sometimes it’s on the chemistry of those partners also. Going solo, is the biggest reason for the debacle in Jharkhand for the BJP. Without calculating the arithmetic, the party went minus its (earlier) alliance partners: All Jharkhand Students’ Union (AJSU) and Babulal Marandi’s Jharkhand Vikas Morcha (JVM). Their votes would definitely have added numbers. The vote share of AJSU-8% and the BJP’S own 33% would have made a great difference. The regional party AJSU, it is said, asked for 18 seats, the BJP wanted to concede 12. They (both) could have easily got reconciled to 15, in between, as a deal. But, the BJP, it seemed, preferred to severe ties rather than to come to a common ground. Charity starts from a bigger party by accommodating the smaller one’s aspirations. It’s the law of life that magnanimity should flow from above. Now, the BJP with its bravado, crestfallen in Jharkhand. It’s a five-year loss for the party. The Congress came effortlessly, piggyback on JMM. This is what is called: ‘rubbing salt to the wound’. The Congress, no wonder learnt lessons from its earlier history, not to go alone now.

United we stand, divided we fall:
Whether the BJP likes it or not, as far as states are concerned, regional parties would definitely play a role. Instead of trying to make them irrelevant, making friendship with them and coming to power is better. Once in power, the party at the Centre, can spread its wings. Now, the JMM-CONGRESS-JDU combine, is trying to woo the other smaller parties (earlier in the BJP fold) in the Jharkhand, to their side in the formation of the government so that the BJP becomes a loner. In this fast-paced world, it’s difficult to sit in the opposition for the MLAs and raise people’s issues for five long years. On the counting day, when the BJP sensed that it was falling short of majority, it (the party) was making efforts to reach the smaller parties. Why couldn’t it do this ‘reach’ before elections? For, India is a diverse country and thrives on its pluralism. Hence, the big parties like the BJP, should show their accommodative flexibility.

Success has many fathers, whereas failure is an orphan:
Now, the opposition along with secular media are blaming the BJP. The party’s move to amend Chotanagapur Tenancy Act, though the move was intended to enable the tribals, was dubbed by their opponents as conspiracy to steal tribal land. This, the BJP couldn’t negate with unity as they had inner rifts while in the ruling. The taunts of the opposition on the CAA and NRC, going against the BJP, leading to the defeat, now the BJP is silently bearing them. For all and sundry, the opposition is blaming the BJP. The BJP CM, Raghubar Das was a liability. This was pointed much before elections by many media men. That didn’t fall into the deaf years of the party.

The BJP should go back to its former tried and tested recipe:
To have a common compromise program i.e. common minimum program with its allies before fighting an election and also on vote-sharing. And to have a give and take approach with the regional players. Then, there’s a possibility of coming to power in states. The regional parties represent the regional culture and aspirations much better. People tend to vote for them (in state elections) because they articulate well in their language. All said and done, losing Shiv Sena and another five-year term in Maharashtra would not augur well for the BJP. Shiv Sena might have challenged them on many issues and might have gone against the BJP. The BJP, as a bigger party, should have addressed their concerns. There’s nothing wrong for a regional party to keep its identity. The Congress and the NCP, though opposite polls of Sena in their ideology, formed government with Sena to get the power in the state. They are also allowing Sena to have its say on Hindutva so that it (the Sena) would cut the votes of the BJP (later if there are any elections) for the combine (NCP- Congress) to win. Uddhav Thackeray, CM Maharashtra, is time and again stating that he would not leave Hindutva ideology.

All in all, the main point is: why is the BJP (in its new avatar post-2019 parliament elections) having a tiff with smaller parties in stitching alliances and why it has not been able to be inclusive and accommodative with them? By this way of fight, it’s losing national picture that’s always projected TVs. If you look at history, victory almost invariably went to those who co-operated better. Rome conquered Greece, not because Romans are intelligent but because they are able to co-operate more effectively. The BJP should be sensitive to opinions and strengths of its allies in the long run.

Why the anti-CAA protests are farcical

Samved Iyer
-
0
Why the anti-CAA protests are farcical

Looking at the anti-CAA protests, I am compelled to wonder whether the phrase, “I attended a protest” is, today, but a scholarly way of saying, “I found a way to kill time.”

This is based on the following evidences:
– The protests are based purely on virtue-signalling.
– The protest banners are full of slogans with emotional jargon, and devoid of actual issues.

Now, let me turn to the government.
– It has earned, in the Lok Sabha elections, a storming mandate at the Centre with 353 seats in alliance, and a single party, the BJP, accounts for 303 of them, over thirty seats past the half-mark.
– With this clear majority, it wields a lot of power. Verily, any bill it introduces is bound to be passed in the Lok Sabha.

Therefore, the confidence of the government is at an all-time high.

With the astute political brain that Shri Amit Shah possesses, it can hardly be said that he introduced the Bill (now Act) without examining the legalities with the help of the Attorney General or the Solicitor General. Indeed, on account of being the Union Minister of Home Affairs, he has access to information on virtually everything in the country.

The sheer number of protesters and the lack of intellectual basis of the protests, confirms that none of them has bothered reading the Act in its entirety, nor do they have an idea that there are, in fact, two aspects to it: The aspect of Constitutional Law and the aspect of policy.

Any argument to the effect of (a) exclusion of atheists, Ahmadiyas etc.; (b) limitation to only three countries; and (c) state of our own economy, is a policy argument, and not a Constitutional Law argument. Verily, these are the only arguments that can be raised against the Act.

Therefore, the assertion that it violates legal procedures is demonstrably false and unfounded.

In light of this, I conclude the following:
– With such facts and such data at the disposal of the government, if it were to hold a face-to-face dialogue with the protesters, this phenomenon of protest, at least in the current context, shall fall flat on its face spectacularly, for the protesters may be blessed with intellect but it is not reflected in their protests.
– The government shall have exposed either that its own citizens lack awareness and understanding to an alarming extent, or that the protesters have vested interests.

It would be unwise to expect that the government does not have a reason for introducing the Bill at a time when the economy is facing testing times. It is of prudence to remember that we are dealing with experienced players at the Centre.

To think that the government is scared of these protests is sheer gullibility of thought if not immaturity and childishness. This is something only the utopian-ist Indian communists believe in.

On the contrary, it is the moral duty of the government, nay the Prime Minister himself, that the citizens be addressed on account of the protests devolving into anarchy. Callousness bespeaks arrogance, something bad for our international image.

I seek to add something of prudence. That the government shall not admit persecuted religious minorities in mass numbers into our country is something I am confident of, for there would, otherwise, be a proliferation of the Sons of Soil Theory at the national level, although I hasten to add that something to that effect shall take years to create an impact on a pan-India level.
The popularity of the BJP shall then be on the decline, something the Centre cannot afford on account of one loss after another at the state level. Currently, the CAA shall be restricted to, I theorize, to naturalizing those already inside India.

Finally, it is not to be forgotten that there exists a cut-off date in the Act. Only those who entered India before 31st Dec, 2014 are eligible. This is done in order to ensure that people do not start emigrating to our country in mass numbers now that we have an Act. It points unambiguously, to the fact that the amount of research that must have been done before the draft was approved, was substantial.

Why Modi’s wall is still fortified

Ashutosh Rabindra
-
0
Why Modi’s wall is still fortified

In recent months BJP has lost After the loss of BJP in Jharkhand, many are saying that now the end of Modi’s era has started but is it true?

The answer is a big No!

Though BJP has lost 5 assembly elections in recent time we should remember that there is a big difference between assembly elections and Lok Sabha election.

As a matter of fact, we should not forget that it is BJP which gave Jharkhand a stable government after 14 years.

People vote differently in assembly elections and Centres election, when it comes to state election then people vote considering local issues of election and the rate of success of tenure of CM plays a crucial role. Here anti-incumbency also comes into play, no doubt top leadership gives a positive impact and gains votes for the party but unlikely Lok sabha elections in this election people give more importance to state issues and image of CM face and the party leaders.

The best example is 2019 Lok Sabha election when in spite of Mahagathbandhan people voted Modi to power because people wanted stable good governance, in Delhi AAP didn’t get any seat, even its supporters were aware that voting AAP to power in Lok Sabha will be a futile exercise.

Congress lost the election everywhere very badly because people rejected dynastic incapable leadership as well as for sure unstable government.

But when it came to assembly elections then BJP lost many states because of which many people are saying that Modi- Shah has lost the charm but it is better to understand that there can be other reasons of loss after getting such massive mandate in Lok sabha.

As far as loss in Jharkhand in concerned apart from other factors Raghubar Das’s fight with his earlier party man Saryu Rai also damaged him, he lost the election to Saryu Rai, Mr Rai’s image is very clean, he is known for exposing fodder scam of Bihar, mischief of Madhu Koda and cleaning work of Damodar river. The sidelining of Sarge Rai by Raghubar Das has not only costed the Jamshedpur seat but also effected the base vote very badly.Also, the fact that Raghubar Das was a non tribal leader could also be a reason.

The reasons can be anti-incumbency or not up to the mark work by the local leaders. We can remember that because of national policies and brand Modi when people were voting in Lok sabha then they were having a feeling that they are directly voting Modi for the post of PM but this feeling can’t take place when it comes to State assembly elections.

If we see the case of Delhi then Kejriwal’s slogan that ‘Delhi Me To Kejriwal’ makes the picture clear, this slogan has a hidden message that Kejriwal has accepted that at Lok sabha election he has no significance but at state election he wants people to vote for him because here he still thinks he can have an impact.

So, it is quite clear that Lok sabha and Vidhan sabha elections are very different in nature and same voters vote differently in these elections considering national policies and top leadership in Lok sabha but local issues in Vidhan sabha. No doubt party and its candidate gets the benefit of top leadership and name of the party but not as much as the candidates get to benefit in Lok sabha elections.5 assembly elections and many people are claiming that this has started the end of Modi era but is it true?

Written By- Ashutosh Rabindra
Advocate,Studied at Kirori Mal Colleg and CLC,Faculty Of Law,Delhi University

Truth of CAA is hard, propaganda of NRC is cheap: Revisiting legality on damage to Public Property

abhinavkumar
-
0
Truth of CAA is hard, propaganda of NRC is cheap: Revisiting legality on damage to Public Property

Can anyone Justify the Massive violence and vandalism of public property in the name of protests against the Citizenship Amendment Act,2019 (CAA)? The answer is certainly no. In any country where there is a rule of law, no citizen is having the right to take law in their hands and to create mischief to the public property. On the basis of false propaganda spread through social media platforms against CAA 2019 with some vested interest to create unrest in the country through the unlawful assembly of people who are knowingly involved in inciting violence in various parts of the country.

The question arises whether such an act to enter into confrontation with police, agencies of the government and in pursuit of the common object of such assembly of protesters to damage public property in several parts of the country is a justified act? No courts in the country will justify such violent protests. Even, Chief Justice of India while hearing the petition on CAA, 2019 criticized the violence and public mischief.

Legal position related to damage of Public Property

Part-IVA of the Constitution of India, Under Article 51A i) says It shall be the fundamental duty of every citizen of India to safeguard public property and to abjure violence. But who cares for their duties in this country. They know to create vandalism in the name of democracy, free speech, liberty, etc. However, people must remember that rights are corresponded by duties.

Prevention of Damage to Public Property Act, 1984 was enacted with a view to curb acts of vandalism and damage to public property, including destruction and damage caused during riots and public commotion. Its high time to invoke the provision of this law wide across this country to punish all those miscreants involved in creating mischief under the Prevention of Damage to Public Property Act, 1984.

Public Mischief

Under Indian Penal Code,1860, Section-505, says statements conducing to public mischief. It says, whoever makes, publishes or circulates any statement, rumor or report. (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offense against the state or against the public tranquility; it will amount to public mischief. And, sadly many people are spreading a rumor about NRC and CAA that it is Anti-Muslim and provoking to commit public mischief.

Let’s Understand CAA?

This amendment adds proviso in section 2, in sub-section (1), in clause (b) in the Citizenship Act, 1955.

And the proviso reads as “Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;”

Further, new section 6B added in the Citizenship Act, 1955 which states that Section 6B (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him: Provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the central government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section.

Further, it adds in the proviso that who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the ground of making such application.

In section 6B (4) Nothing in this section shall apply to the tribal area of Assam, Meghalaya, Manipur, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under “The Inner Line” notified under the Bengal Eastern Frontier Regulation, 1873.’

The object sought by this Citizenship Amendment Act, 2019 is to provide the remedy to the minorities who are a victim of religious persecution aftermath of Partition of India as the new nation Pakistan declared itself an Islamic state. And further, this Act aims to provide exemption under the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or inclusion in the Citizenship Act, 1955 those religious minorities who came before 31st December 2014 from Pakistan, Bangladesh, and Afghanistan. This Act does not talk about the exclusion of Muslims as Muslims were not persecuted in Pakistan. This Act recognizes the right of Non-Muslims who came to India due to religious persecution from Bangladesh, Pakistan, and Afghanistan.

Indian Constitution and Citizenship
Now, understand the provision of Law with regard to Citizenship in the Constitution of India. Part two and Article-5 to 11 of the Constitution of India deals with Citizenship. Article 5 says Citizenship at the Commencement of Constitution for those who has his domicile in the territory of India. Article 6 Says Rights of citizenship of certain persons who have migrated to India from Pakistan before the 19th day of July 1948.

Then, a valid question arises what about the victim of Partition those to choose to stay in Pakistan when Pakistan became an Islamic State and religious persecution started to the minorities. When the situation became unbearable for those minorities in Pakistan they started migrating to India as this country was their last hope as they all belong to the citizen of Undivided India. So, what about the Citizenship of those people who came to India in 1950 from Pakistan or say in 1971 from Bangladesh as a victim of religious persecution to Minorities?

Article-11 says Parliament to regulate the right of citizenship by law but the Indian government took so many years to pass this legislation for granting the Citizenship and finally it is being done through Citizenship Amendment Act, 2019. So, Citizenship is not the subject of Part-III of the Constitution rather it is subject to Part-II and Parliament has the power to regulate the Citizenship laws therefore it is just and reasonable.

In addition to Article-246, Union List under 7th Schedule, Entry-17 gives exclusive rights to the union for law-making power regarding Citizenship.

As far as Article-14 is concern it talks about Equality before the law and equal protection of the laws. And three tests laid down under Article-14 does not violate by this Act. As, the object of CAA,2019 is to protect against religious persecution of Minorities. Hence the reasonable classification is done on the basis of intelligible differentia is just and reasonable.

National Register of Citizen would be a separate exercise and we can’t say how it will be implemented as it is the question of future and state policy not of law in the present scenario. And CAA has nothing to do with NRC as the object of both the law is different. NRC Assam model will not be applied throughout India because the Assam Accord, 1985 laid down certain binding obligations on the center. However, that would not be a precedent for all India NRC. So, no need to worry for Muslims and we must avoid falling the victim of any conspiracy or propaganda. Therefore, the need for the hour is to know the Truth of CAA which is hard, the propaganda of NRC is cheap.

(Abhinav Kumar is associated with several Think-Tanks on Law & Policy based in Delhi and Advocate in the Supreme Court of India. Views expressed are personal. Email [email protected])

The CAB agitation – What lies beneath?

Jai Menon
-
0
The CAB agitation – What lies beneath?

The mechanics of what is happening are clear enough. The CAA was enough time in discussion for opponents of the NDA government – the Congress, the Communists and the Commentariat to plan for it. Once the bill was passed by democratic process through the Lok and Rajya Sabhas, forces that have no democratic approval on the national level decided to take the street route, i.e. “protests” – but basically pre-planned violent riots at which all three are experts. They have developed it into a fine art over the last seven decades of independence.

Their language is simple, clear and completely the opposite of truth. The CAA, in fact, just allows for systematically persecuted minorities of neighbouring countries – all majority Muslim – to come into India and receive a fast-tracked citizenship. Naturally, the minorities in these countries will be non-Muslim. In the initial days of demonstrations, this illogic became self-evident. So the goalpost was shifted slightly to ask “but why are Ahmedis, Rohingyas & Shiites excluded”? The messaging was that these Muslim groups are persecuted too, why exclude them?

The reason is straightforward. All three of these states are Muslim majority, none of these subset Muslim groups claim themselves to be non-Muslim, and most importantly, if Muslims are to be included then why not just declare that these three countries’ territories are also part of India and simply take good governance there? Or is it that only Sunni Muslims are “real” Muslims? In any case, this is an internal discussion between Muslims in which India has no explicit role. India can only offer to protect minorities stranded from 1947 who have been suffering for decades. (And let’s not forget that it was the Congress Party which wanted to bring these minorities into India in the first place).

In about a week after the minority Muslim groups argument came to the fore, this line also started to wear thin. The next case was then raised to include a general animus towards all policies of the NDA government, with emphasis on BJP and Modi. This is when you started hearing slogans like “Hinduon se Azaadi” and seeing “F**k Hindutva” banners with the sacred Om symbol stylised into a “hakkenkreuz” (the Nazi symbol which is often referred to as a “Swastika”). Here too, the problem was that now a lot of the majority community in India began to sense that things were going in a direction they are all too familiar with, having been at the receiving end of such sloganeering for a millennium.

So, it looks like the Congress, Communist and Commentariat group are switching to the “class war” argument. Priyanka Gandhi, her mother and some leftist fellow travelers have been laying heavy hints in this direction with tweets, comments to the media, etc. Whether this will have any traction remains to be seen. But they are hoping it will because it handily combines with the “economy is destroyed” by demonetization and GST narrative, which even people who should know better (inside and outside the country) have been peddling for a while now.

Political parties, meanwhile, sensing a possible opportunity because of the numbers in the crowds shown on TV and the social media are getting into the act and fomenting violence as well as arson in the hope that this general sense of instability will reduce public support for the BJP. Congress Mother Sonia Gandhi’s concerned diatribe against the government is one of the few times she has gone on public record with anything. It is clear that an opportunity has been sensed, and the Congress machine, which knows better than anyone the value of a good riot has swung into action.

Political commentators, an integral part of the so-called Lutyens elite or Khan Market gang, have spotted an opportunity to get back at the Modi government which has given them well-deserved short shrift. So you have the avowed opponents of the government, the anti-state elements, as well as those slippery opportunists with the finest sense of wind direction coming out with their own positions and criticisms. Some are out in vendetta mode, and others with an attitude of “let me slip in the knife when I can” just in case it does help in getting the government down. Quite a number are taking chances with a strong sense that they can switch right back if things do not pan out as they predict/hope for in the current situation.

Many in the parties and commentariat will come to regret all this, because the Indian public is as savvy as any you can get on the planet. It is not for nothing they have repeatedly elected Modi. What the majority community will eventually do is actually read the Citizenship Amendment Bill (CAB), and they will discover that there is nothing in there against Muslims or anyone else. It only permits the persecuted minorities an exit route from these three countries where they are systematically & often legally targeted for violence and discrimination.

When all is said and done, the Indian voter will also remember. The majority community will certainly take the events of the last two weeks to heart. They have seen the wanton violence visited on small businesses, on private and public properties and against an entire civilizational ethos with racist and bigoted statements and imagery which cannot now be erased from public memory. All this will come up again and again, just as elections do.

The poor patsies in all this are the Muslim community. The vast majority of them are not inclined to violence and just want to get on with life as everybody else. But, once again, they have been incited into street action, into violence and sloganeering by a cynical group of politically motivated instigators, ideologically blinded agitators and opportunists operating purely on personal motive, for position and perceived advantage.

Sympathy for the Muslims will decline, unfortunately. Just as it has in most of the West, not to mention China. No one mentions China anyway, in this context. The dragon in the room breathes fire on anyone who even mentions the Muslims of China. But who will then be able to question India when it says that it only wants to keep its own boundaries under control? Who can, and not be labelled a transparent hypocrite? No country will want to engage with India on this issue. Observe the silence of the world governments (not their irrelevant mass media) over the last two weeks.

The world itself is not sympathetic and Indian Muslims know, instinctively, that over the decades since independence there are not many countries (Muslim or non-Muslim) on the planet that offers them the kind of religious and economic opportunities that India does. India is no longer as poor as it once was. It is unfortunate, therefore, that they are so readily inflamed by their own community leaders, as well as those who claim to support them like the Congress Party, the Communists and the Commentariat. But it is not unexpected, or unpredictable. However, this attitude might be adjustable.

Only time will tell.

Basic yet effective solutions for pollution

Ashutosh Rabindra
-
0
Basic yet effective solutions for pollution

Pollution has become a nationwide issue, it is badly affecting the health of all.

Those live in Delhi NCR are being affected badly but no government can do magic to curb it if each individual doesn’t contribute towards eradicating it. Stubble (Parali) burning is a major factor for air pollution but it is not the only factor, it is not like that only during harvesting times we face severe air pollution but also during other months.

Smog looks so dangerous to us, our elders and kids but we don’t do anything concrete of our part, buying air purifier or accusing the government is not the solution. Not to forget that Air purifiers are not effective if the room is not properly sealed and also affects our immunity.

Cities like Patna also face severe air pollution, this is because whether it is Delhi NCR or Patna till the time people will not start thinking about the environment, nothing will change. And it is not about only air pollution but the environmental issues on the whole.

The ignorance of common people was best seen in 2017 when Apex Court banned BSIII vehicles and because of it people purchased it with a huge discount, nobody thought that why it is banned, how does it affect our environment.

In Delhi’s middle-class colonies you can see a common habit of people to park an old scooter at their parking so that no one can park his car at their parking and these scooters are used rarely but these scooters are never in good condition and always act as a source of pollution.

When it comes to Public vehicles in Delhi NCR government is very strict and have a rule of CNG based vehicles, why doesn’t this rule can be applied on private vehicles in Delhi, it is very easy if government increases CNG pumps then it can make a rule for private vehicles also to use only CNG in Delhi and there can be a switch so that if someone is going out of NCR then he can switch to petrol or diesel. If it is implemented properly with ample CNG pumps then people will also use it because within the city they can’t drive very fast and once it is made compulsory and everyone has a CNG kit then they will also like to use the cheaper method of traveling.

Nowadays, Electric cars are also available, but it is quite expensive, the government needs to increase the subsidy on these cars and help the people with charging stations but then also very less percentage of people can use e-vehicles so it is important to make CNG compulsory for private cars, but it needs a good groundwork by the transport department.

We can see the apathy of people in case of plastic ban also, everybody wants to carry plastic bags, they still argue with shopkeepers for this and shopkeepers also always keep it, when the MCD comes under action mode then they hide these plastics and after few days again the same thing starts, it is like a vicious circle, it is also true that without plastic bags many times people suffer but it is better to suffer for the plastic bag than to ruin the environment, keeping jute bags should become part of our lifestyle, also government can raise subsidy on eco-friendly carry bags so that normal shopkeeper can afford to keep this.

Disposal of waste is also a major issue and needs to be addressed, people need to be educated for this, we can have a strict rule for all the RWA (Resident welfare association) and societies to have a waste management center and to segregate the dry waste, wet waste and domestic hazardous waste at source to make compost.

Keeping Air conditioner in every room and stepping out only in AC cars is not the solution in summers, this increases the pollution, we need to understand the core issue and address the same.

For very basic things like green cover during construction people try to cover only that part which can defy the fine but no one thinks why it is essential, nobody thinks about other’s health, forget others health, people affect their health unknowingly to save some money which they finally spend in consulting doctors.

We call it a good step or bad but it is true that after the Motor vehicle act amendment people have started following traffic rules, not for their safety but due to heavy fines, now people use helmet, not for their safety but to avoid heavy fines, in the same way, the pollution issue needs to be handled because it is affection out planet very badly.

Our planet is facing water scarcity but in Delhi, we can easily see people washing their cars for hours, some people are so careless that they wash the car from their 1st or 2nd-floor balconies, wasting a large amount of water, we need to ban washing of Cars by water in this way and dry wash solutions need to be implemented everywhere.

From childhood the basic habit to save the environment should be inculcated at home and also it should be taught in schools properly with practical examples.

People bring religion in between when someone objects to cracker but they forget that even those persons who boast that they have never smoked are practically smoking more than 15 cigarettes per day because of this pollution.

Like foreign countries, governments should make lanes for cycles and encourage people to use cycles for local use instead of bikes. Every metro station can have rented cycle stand and carpools or public transport should be encouraged in such a way so that nobody should worry about his or her safety and comfort.

At the same point of time government should introduce means to effectively deal with the Parali issue so that neither the farmer is victimized nor the environment, Parali can be dealt with scientific method and subsidy should also be provided.

It is also learnt that Parali can be handled in a very positive manner, a commercially viable process is there which will not only convert biomass into CNG but it will also create jobs.

Conversion of stubble into coal, biofuel or paper pulp will help us tremendously.

So, we can say that to fight the pollution a collective measure and effort are required which involves the government as well as all the individuals and to win this fight we have to be strong and avoid thinking for small benefits.

Ashutosh Rabindra
Advocate
Studied at Delhi University(kirori Mal College and Faculty of Law)

Modi’s Journey from “Hindi Belt” to a “Hindu State”

atruesecular
-
0
Modi’s Journey from “Hindi Belt” to a “Hindu State”

The idea of Hindu Rashtra and Hindutva is with which the opposition seems to be biased while attacking the Modi government. The opposition has constantly maintained the position that this government is analogous to that of Hitler in Germany and Mussolini in Italy in the nineties. And while doing so they are blaming Veer Savarkar for this dangerous idea of Hindutva.

While the strategy worked in getting support from a certain section of the society, it is going to backfire them shortly. They probably are oblivious to the fact that it was Hitler who was successful in creating a national identity among the Germans. No one could achieve the same before him. While persecuting the Jews can never be supported, it is because of that national identity Germany could establish itself as a powerful nation in the aftermath of all those notoriety.

This truth was validated by none other than M K Gandhi. Gandhi did not find Hitler to be “as bad as he is portrayed” and accepted the fact that “ Germans of the future will honor Herr Hitler as a genius, a brave man, a matchless organizer and much more”. On a similar note, Veer Savarkar too acknowledged the fact that Nazism and Fascism actually were “the most congenial tonics, their health demanded.”

However, Modi is a classic and a different case and does not hold any relevance to Nazism or Fascism. But thanks to the opposition, he is achieving the same consequences without causing any bloodshed. The opposition has probably forgotten that Modi is the modern Indira in India. He has the same popularity mixed with nationalism and good governance as was enjoyed by the former Prime Minister of India. This is the reason he can make these tough decisions without being rejected by the people of India. It is Modi who made us feel proud of the country even outside the India-Pakistan cricket match.

Although the BJP has maintained a safe distance from the idea of “Hindu Rashtra” as propounded by Veer Savarkar and repeatedly demanded by RSS, the growing nationalism is, in reality, unifying the Hindus. And by Hindus, the idea of Hindutva includes the Sikhs, Buddhists, Jains, and Parsis. Veer Savarkar maintained that Muslims and Christians could never assimilate with the culture and idea of India because India was not a holy land for neither of them. The recent vandalism by Muslims all around the country proves Savarkar’s idea to be right. After 70 years, they are yet to identify themselves with the idea of India. The baseless protest with a shallow understanding of the Citizenship Amendment Act,2019 genuinely points to the frustration among Muslims due to Ayodhya Verdict, the abolition of 370 and many other similar issues. The slogans against Hindus to insult their religious beliefs in the Anti-CAA protests speak volumes about the impending doom Islam will face in this country.

But the significance of these things is that the Hindus who would have otherwise not cared about religion became more aware and have started to identify themselves by religion. This Hindu unity mixed with nationalism will take India towards a Hindu Rashtra seamlessly. Today this trend is not only found in India. A growing aghastness against rising Islam is prevalent all around the world. Most of the developed countries are now led by the right-wing and this effectively strengthens Modi manifold. Of course, India may never be officially called a Hindu Rashtra but the idea of Hindutva will continue to dominate the psyche of the sleeping Hindus, Buddhists, Jains, and Parsis. Gone are those days when you can set up a narrative just by getting a celebrity talk about it in your favor. Every propaganda, no matter how strong it is, will fall out of place eventually.

Amid this turmoil, the opposition seems to be shooting at their feet by turning every issue into a communal thing and afterward standing strategically against the Hindus. This political stupidity will rob them of their strength and will surely backfire because the people of India can see to it who is playing the communal card deliberately. Thus, BJP MP Dr. Subramanian Swamy rightly says that he does not hate these protesters because they are playing instrumental in solidifying BJP’s Hindu voter base. Hindutva is no more a feeble idea. It has become dominant and that day is not far when the common people themselves will urge for a Hindu Rashtra by voting Modi again into power in 2024.

CAA protest is about denying persecuted minorities their livelihood

devind
-
0
CAA protest is about denying persecuted minorities their livelihood

Left wing “Liberal” outrage is not about inclusion of the majorities from the neighbors rather keeping the minorities. Hindus from the neighbors without any representation and make them miserable to please their “Litfest”. Rawalpindi masters in “High Spirits”.

If the self proclaimed liberals like Mamata really believes in her outrage she would have supported Taslima Nasri and allowed her to live in Bengal. Also remember the same liberals outrage against giving Citizenship to Adnan Sami. Both of whom are muslims who fled Islamic Republic persecution.

Current outrage is more about denying the rights to the Hindus who have been persecuted, so as to hold their “Litfest” masters in Rawalpindi in high “Spirits”.

Every country has the right to choose who they give naturalized citizenship to and right so. Obama did deport the largest number of illegal immigrants in American history. And he did not bother or even bother to give citizenship to poor Rohingyas.

Even the liberals of the west are focused on giving the richer version of the asylum seekers who are not burden to their tax paying populace.

India has the right to choose whom they give citizenship, not on the basis of bullying from the brotherhood inspired USCIRF lobby, if they are interested they should have taken in the million strong persecuted Rohingyas. When a law is written for giving citizenship to persecuted religious minorities, legally how is it legally tenable to prove the a person following Islam is being prosecuted for being minority?

Why are these college kids does not use common sense? We cannot expect common sense from the Bollywood stars whose despise the cops for actions during law and order problems and have no shame in asking for security from the same cops during their “Parties”.

Does the far-left radicals in India want to establish safe zone in both Bangladesh and Pak on the lines of what US did in Iraq and Syria and send the Hindus there or to keep their Rawalpindi masters happy deport them to their slavery?

NRC, putting fears to rest

Anoop Chathoth
-
0
NRC, putting fears to rest

I do see a lot of fear and apprehension over the NRC which is anticipated post the CAA . So I just went through the CAA-NRC FAQ issued by the Govt of India .

On the question to what details would be required it states the following
“It will be sufficient to give the details of date and place of birth and if you do not have the details ,you have to provide the same details about your parents”

Secondly about the documents it says the following
“Citizenship can be proved by submitting any documents related to the date of birth and place of birth. However, a decision is yet to be taken on such acceptable documents. It is likely to include voter card, passport, Aadhaar, license, insurance paper, land or house papers or other similar documents issued by government”

Now I did go through the UIDAI website to check the Aadhaar coverage and found it to be close to 90%. The outliers primarily being the North East, especially Assam owing to the fact that the Aadhaar enrollment started pretty late there.

The enrollment has not reached a 100% primarily because a lot of under 18 citizens have not registered .

I just took Aadhaar as a benchmark here but as you can see , there are a host of other govt documents that would also suffice . Most importantly the NRC is not yet drafted so it’s too early to comment on what additional provisions it would provide for the proofs.

So purely on the basis of Aadhaar we should be able to cover more than 90% of the citizens (considering parents would be able to cover juveniles). If we include the additional documents deemed valid , this number should go up even more.

A lot of the fear is due to the fact that the Assam NRC didn’t go down too well, but it would not be appropriate to mix this with a national NRC due to the Aadhaar disparity. However I would still want to ensure that the govt doesn’t miss out on even 1% of the citizens due to lack of documents coz with a population like ours that number would still be 1.3 crores.

P.S : The purpose of this post is not to support or justify the NRC but to quell any fears.

1...498499500...889Page 499 of 889