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देशभर में हिंसक विरोधप्रदर्शन और सेक्युलरों का मौन

મેઘલસિંહ પરમાર
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देशभर में हिंसक विरोधप्रदर्शन और सेक्युलरों का मौन

पिछले कई दिनों से देश में सीएए (सिटिज़नशिप अमेंडमेंट एक्ट) और एनआरसी (नेशनल रजिस्टर ऑफ़ सिटिज़न्स) के विरुद्ध प्रदर्शन हो रहा है। पहले देश के पूर्वोत्तर भाग में हुआ, वहाँ से दिल्ही और अब गुजरात और देश के बाकी कई हिस्सों में भी फ़ैल गया है।

और विरोध किस तरह? बसें जलाकर, पुलिस के ऊपर पथ्थरबाजी कर, निर्दोष नागरिकों को हानि पहुँचाकर। पिछले हप्ते दिल्ही की जामिया मिलिया यूनिवर्सिटी के छात्र सिटिज़नशिप अमेंडमेंट एक्ट के विरुद्ध में रस्ते पर उत्तर आए, और पुलिस पथ्थर फेंके, बसों को जलाया गया, वाहनों को नुकसान पहुँचाया गया। और भी कई जगहों पर इस एक्ट के विरुद्ध हिंसक प्रदर्शन किए गए।

ये विरोध करने वाले ज्यादातर मुस्लिम है उस बात में कोई शंका नहीं है। कुछ पार्टियाँ और संगठन मुस्लिमो में ऐसी भ्रमणा फैला रहे है की यह एक्ट मुस्लिमो के खिलाफ है, और सरकार मुस्लिमो को देश के बाहर करना चाहती है। और उसके बहकावे में आकर कुछ युवा छात्र बाहर आकर विरोध में हिंसक प्रदर्शन कर रहे है। जबकि विरोध करने वाले में से नब्बे प्रतिशत लोगो को यह मालूम नहीं होगा की यह एक्ट क्या है और उसमे क्या प्रावधान है? और विरोध क्यों हो रहा है?

बिल जब से संसद में पेश हुआ तब से सरकार और अन्य माध्यमों द्वारा समझाया जा रहा है की बिल मुस्लिम विरोधी नहीं है। और उससे भारत में रहने वाले मुस्लिमो को कोई नुकसान होने वाला नहीं है। यह बिल सिर्फ तीन पडोशी इस्लामिक देश पाकिस्तान, बांग्लादेश और अफ़ग़ानिस्तान में रहनेवाले और वहाँ प्रताड़ित हुए अल्पसंख्यक समुदाय, जो भारत में शरणार्थी बनकर रह रहे है उनको नागरिकता देने के लिए है।

कुछ लोगों का कहना है की बिल में मुस्लिमों का उल्लेख नहीं। लेकिन जाहिर सी बात है की मुस्लिम इन तीनो राष्ट्र में बहुसंख्यक है। तो उनको वहाँ कोई प्रताड़ना नहीं हो रही है। जब की हिंदू,सिख,ईसाई,पारसी और जैन धर्म के लोग वहाँ अल्पसंख्यक है, और यह एक्ट उनको नागरिकता प्रदान करने के लिए लाया गया है।

फिर भी सरकार के खिलाफ, मोदी के खिलाफ अपना गुस्सा जाहिर करने के लिए प्रदर्शन हो रहा है। न सिर्फ यह एक्ट के लिए, बल्कि आर्टिकल ३७०, राम मंदिर जैसी सरकार की सफलताओं के खिलाफ एक साथ गुस्सा बाहर आ रहा है। उसमे देश के कुछ पत्रकार, स्यूडो सेक्युलर, वामपंथी प्रदर्शनकारीओं को यह कार्य में सहकार दे रहे है। कुछ कांग्रेस और ‘आप’ जैसे राजकीय पक्ष अपने निजी लाभ के लिए उनका समर्थन कर रही है। क्योंकि उनको अपनी वोटबेंक की चिंता है। कुछ बॉलीवुड एक्टर्स भी विरोधियों के समर्थन में आए है, लेकिन उनको ध्यान पर न ले वही अच्छा है। वह लोग पैसो के लिए किसी भी हद तक जा सकते है।

लेकिन कुछ दंभी धर्मनिरपेक्ष और हिंदूद्वेषी के मुँह सील गए है। इतना हिंसक प्रदर्शन हो रहा है फिर भी सेक्युलर प्रजाति कुछ भी बोलने को तैयार नहीं है। आप इंटरनेट पे वाइरल हो रहे सब फ़ोटोग्राफ़्स देखेंगे तो उसमे दिखाई दे रहा है की किस तरह सरकारी सम्पति को नुकसान किया जा रहा है ,किस तरह पुलिस के ऊपर पथ्थरबाजी हो रही है, किस तरह बस और ट्रेन जलाई जा रही है। लेकिन यहाँ उनका सेक्यूलरिज़म बीच में आ जाता है। अगर प्रदर्शनकारी मुस्लिम है तो कुछ मत बोलो। ऊपर से उनको समर्थन करो।

कल से टाइम्स ऑफ़ इण्डिया के सौजन्य से एक फोटोग्राफ इंटरनेट पर तेजी से वाइरल हो रहा है। जिसमें एक पुलिसकर्मी रास्ते पर पड़ा है, और एक मुस्लिम युवक उस पर पथ्थर फेंकता दिख रहा है। एक क्षण के लिए सोचिए अगर वह युवक हिंदू होता तो ? तो यह सारे सेक्युलर बाहर आकर उत्पात मचाते की हिंदू आतंकी पुलिस पर पथ्थर फेंक रहा है। लेकिन जब की यह हिंदू नहीं है तो अभी तक कोई भी वामपंथी, सेक्युलर पत्रकार इस पर कुछ नहीं बोल रहा। और ऊपर से ऐसे फोटो शेअर कर रहें है जिसमें पुलिस छात्र या प्रदर्शनकारीओ पर लाठीचार्ज कर रही हो। लेकिन यह नहीं बताएंगे की ऐसा क्यों करना पड रहा है ? अगर देश की शांति को हानि पहुँचाने की कोशिश करें तो पुलिस लॉ एन्ड ऑर्डर को काबू में लाने के लिए एक्शन ले वह स्वाभाविक है। और जरूरी भी।

और सेक्युलर, हिंदू विरोधीयों का यह सदियों से चलता आ रहा है। धर्मनिरपेक्षता के नाम पर यही विरोधी हिंदू धर्म और संस्कृति को अपने पैरों तले कुचलते आए है। बलात्कार की घटना हो उसमे अगर आरोपी हिन्दू और पीड़िता मुस्लिम हो तो पूरा धर्म बदनाम कर दिया जाता है। लेकिन अगर आरोपी मुस्लिम हो तो सेक्युलरिज़म आ जाता है। तब कोई कुछ नहीं बोलता। हैदराबाद रेप केस में एक आरोपी मुस्लिम होने की वजह से सब शांत थे। लेकिन जब पिछले साल उन्नाव और कठुआ में आरोपी हिंदू थे तो इन्हीं सेक्युलर लोगों ने पुरे धर्म को बलात्कारी घोषित कर दिया था। उनको हिंदू होने पर शर्म आ रही थी।

फिल्म पद्मावत का राजपूत समाज और करणी सेना ने विरोध किया था। उसमे कुछ हिंसक प्रदर्शन भी किए थे। गुरुग्राम में एक स्कूलबस के ऊपर पथ्थर फेंका गया था। और देश के अन्य कुछ हिस्सों में हिंसक आंदोलन हुए थे। तब यही लोगोंने राजपूत को गुंडे कह दिए थे। उनको तब सरकारी सम्पति की फ़िक्र थी। बेशक़, करनी सेना ने जो किया था वह गलत था। कोई भी ऐसे सरकारी सम्पति को या नागरिको को नुकसान नहीं पहुंचा सकता।

लेकिन अब उससे कई ज्यादा हद तक हो रहा है, अहमदाबाद और कई जगहों पर पुलिस पर पथ्थरबाजी हुई। हिंसक आंदोलन हुए लेकिन तब उनमे से कोई कुछ भी बोलने को तैयार नहीं है। और ऊपर से प्रदर्शनकारीओं समर्थन कर रहे है।

बात हिंदू-मुस्लिम वैमनस्य की नहीं है। लेकिन यह सत्य हकीकत है की धर्मनिरपेक्षता के नाम पर हमेशा हिंदू धर्म को बदनाम किया जाता है। यह देश अगर सच में धर्मनिरपेक्ष होता और सब धर्मो को सामान गिना जाता तो हिंदू धर्म के प्रति यह मिडिया और सेक्युलर इतने बायस्ड न होते। देश सेक्युलर है, क्योंकि यहाँ हिंदू बहुसंख्यक है। भारत के हिंदू चाहते तो पाकिस्तान के मुस्लिमों की तरह देश आज़ाद होने के बाद हिंदू राष्ट्र बना सकते थे। पुरे विश्व में सिर्फ एक मात्र हिंदू बहुसंख्यक देश होने के बावजूद भी यहाँ हिंदू, अल्पसंख्यक को साथ लेकर चलने की भावना रखते है। सोचिए अगर मुस्लिम बहुसंख्यक होते तो यह देश धर्मनिरपेक्ष होता ? विश्व में ५१ मुस्लिम बहुसंख्यक राष्ट्र है और सब इस्लामिक नेशन है। फिर भी उसका गलत फायदा उठाकर हमेशा नुकसान हिंदू धर्म को ही हुआ है।

और फिर कहा जाता है की हिंदू आक्रोशित हो रहा है। वास्तव में आक्रोशित नहीं बल्कि जाग्रत हो रहा है। और उसमे सबसे बड़ा योगदान २०१४ के बाद की भाजपा सरकार और मोदी-शाह का है। स्यूडो सेक्युलर, लिबरल और लेफ्टिस्ट अब लोगों के सामने बेनक़ाब हो रहे है। हिन्दू विरोधी और कुछ जयचंदो को अब देश के लोग पहचान गए है। और अगर ऐसे ही चलता रहा तो भविष्य में घातक परिणाम भुगतने पड़ेंगे। क्योंकि हिंदू जगत की सबसे सहिष्णु प्रजाति है लेकिन जब जब उसकी परीक्षा हुई है तब बात दूर तलक गई है।

EPS outwitted Stalin in alliance politics, made AIADMK Phoenix, nullified double anti-incumbency, DMK at the mercy of alliance and appeasement

S Ranganathan
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EPS outwitted Stalin in alliance politics, made AIADMK Phoenix, nullified double anti-incumbency, DMK at the mercy of alliance and appeasement

Even the hard core DMK supporter would admit in private that their leader has just won only the position in the party and that too because the major equity holder of DMK is Karnanidhi’s family otherwise Stalin would have be just the last level sympathiser of DMK.  But the real winner in Tamil Nadu politics is Edapadi Palanisamy popularly referred as EPS.

Stalin focused on negative politics, fear mongering and spreading lies and falsehood but on the contrary EPS focused on welfare of people, development and good governance.  Stalin aligned with congress party lead by one family whereas EPS aligned with BJP headed by Prime Minister Narendra  Modi and Amit Shah, two very honest, decisive, upright leaders who won the heart and soul of millions and millions of people.

Stalin followed the scripts and political narratives of Raghul Gandhi whereas EPS followed the governance style of Modi and showed courage and dignity in taking the state to next level of progress.

Stalin counted his success on alliance arithmetic but EPS counted his success in support base of people of the state. Stalin expected inner-party quibble in AIADMK would make him chief minister of Tamil Nadu but EPS followed the leadership style and dynamism of MGR and Amma as their shadow and regained the glory and dignity of the state and thereby continues as chief minister of the state.

Stalin abused Modi and blamed Modi for everything but EPS supported Modi and bridged the importance of centre-state relationship for the development and welfare of the state.

Today if we look at the situation of DMK and Stalin, it is quite sickening. Stalin cannot win next election without congress, VCK, MDMK and left parties. Even after AIADMK being in power for two consecutive terms, Stalin could not benefit anti-incumbency and instead need the alliance parties to become chief minister of the state.

Even after losing all most all parliamentary seats in the last parliament election EPS emerged winner, but Stalin, even after winning 37 of 38 parliament seats, lost the game, become irrelevant and his victory has gone sour and bitter than sweet to him.

Late MGR made a formula with congress party that the state belonged to AIADMK and he would lend his complete support to the centre in lieu of centre’s support to his government. Amma broke the formula, ensured centre and state, both belonged to AIADMK, reduced the congress party a fringe player but DMK resurrected congress, VCK, MDMK, left forces and finally Stalin made himself to be a dancing doll of his alliance partners.

Today congress party, VCK, MDMK and left front, all of them have assumed great significance in defeating and or ensuring the victory of DMK. On the contrary, EPS has made AIADMK the real Phoenix, defeated the family and dynastic culture that were about to swallow the party, showed them their place (TTV Dhinakaran) and made AIADMK the party of people, cadre and common man. Whereas Stalin made DMK truly and really a family property and only his son, son-in-law and other close knitted members have power to take decision in the party.

Competitive leadership and leader competition in AIADMK is only going to strengthen the party but the family ownership in DMK has started to distance the leaders from top level to ordinary cadre away from the party.

EPS proved that alliance parties need to work with AIADMK whereas Stalin made sure that DMK is at the mercy of alliance parties to win election.

From the pre-historic times, DMK has never won election purely due to its own strength or due to the support of people. Before the emergence of MGR, DMK had virtually no opponent and hence won the election easily. But after emergence of MGR till his demise, power was a day dream for the then patriarch of DMK, Karunanidhi.

After the demise of MGR, the party got split and such situation favoured DMK to come to power.  But Amma united the party and brought the party back to power. But Amma lost power mainly due to the bad repute she had to suffer due to Sasikala and her family. The anti-Amma wave then in the state favoured DMK to come to power. But the subsequent government headed by Amma focused on development, law and order and governance and hence once again DMK has to suffer sunset period. Again Amma came back to power for the second consecutive period after MGR.  But the sad demise of Amma rattled the party and its rank and file. But thanks to EPS, not only he proved he is the best and able captain but also ensured he alone can save the party.

Like Amma, EPS ensured AIDMK shall remain a strong party and come to power due to the support of people but Stalin buried his party to alliance for power and remain precarious and vulnerable to the alliance arithmetic. Without alliance DMK may not win even a single seat is the real situation in TN.

It is the time for the alliance parties to extract their pound of flesh from the alliance and must ensure DMK doesn’t contest enough number of seats to form government of its own and it can form government only with the alliance parties and agree for rotational chief minister-ship. This is the last chance for VCK, congress, MDMK and left parties to come to power in TN because DMK leadership is weak, evanescent and non-charismatic.

If Super Star enters the scene, the political landscape would change totally and then on, TN will be the land of good and progressive governance and it would be EPS versus Rajni.

As on date, EPS is the tallest and most efficient leader, next to MGR and Amma and other than that no one is there in the scene who really worth the appreciation of the people.

Protestors, thy name irony

adiga3
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Protestors, thy name irony

Everyone has a right to protest, peacefully. Deducing from the viral pics and videos of damage to public property and to people, the protests at Jamia University were anything but. But then in all fairness, it is difficult to judge as to who started the cycle of violence in the first place and who was responsible for escalating it, the students or the police based only on hearsay. In any case, all that is for the judges to decide, as they will sooner rather than later.

Much has also been spoken by supporters on both sides of the literally burning hot issue that is the Citizenship Amendment Act, 2019. I am not quite sure that there is something there that remains to be said, which has not been said or debated already. Therefore, I on the other hand shall attempt to talk about something else. I shall talk of an issue that I feel is as connected as it is separate from the current protests against the Citizenship Amendment Act. And for that let’s take a deeper look at ground zero.

Jamia Millia Islamia, originally founded in 1920, was accorded the status of Central University by an Act of the Parliament in 1988. In 2011, almost after a century of it being a secular institution, the National Commission for Minority Educational Institutions suddenly declared Jamia Millia Islamia to be a minority institution. It was to be the first of its kind and remains to this date, a unique instance in the entire country, which allowed for upto 50% reservation for Muslims in a completely government funded university. Empowered by its new found privilege, the University could simply ignore the constitutional mandate for providing reservation to the SCs, STs and other Backward Classes. Bearing the aforesaid in mind, it would not be wrong to say that a majority of its present constituents, both Teachers and Students, therefor have benefited from this communal reservation. More importantly, that being the case, it can be inferred that all such constituents also tacitly support or are party to this discrimination based solely on religion.

This of course begets the question, is it constitutionally permissible for a completely centrally funded educational institution to discriminate on the basis of religion? Does such discrimination, purely based on religion, not violate the basic structure of the constitution? Is this not the very question of law that we are also faced with in the debate on the Citizenship Amendment Act, 2019? Fortunately, the first two questions are already before the Apex Court in the challenge to the minority status of Jamia Millia Islamia. Be that as it may, history may be a better judge and it tells us that there were no protests when the aforesaid move was announced by the then Central Government and indeed, there has been hardly any opposition to the move ever since from the University’s own constituents.

Fast forward to 2019 and enter the Citizen Amendment Act, 2019. For the benefit of the uninitiated, in its simplest form, the Citizenship Amendment Act fast tracks grant of citizenship to refugees belonging to six religions (excluding Muslims of course) from three of the neighbouring Islamic States i.e. Afghanistan, Pakistan and Bangladesh. The rationale behind this classification appears to be that various people from the six religions have historically faced and to an extent, continue to face, both state sponsored and privately orchestrated persecution and discrimination in these countries on the basis of religion, due to an overwhelming influence of Islam and favouritism towards Muslims in those countries’ governance and laws. This of course is not merely based on a figment of someone’s imagination but is rather based on widely reported events in the history of these nations.

As we are all aware, students from Jamia University, at least half of whom have directly benefited from the aforesaid discrimination in admissions process, that’s perpetrated solely on the basis of religion, are now at the forefront of these protests. Therefore, as any other self-searching alumni of this glorious institution, it needs be that I must ask myself this… is this not irony writ large and a matter for deep introspection?

(Aditya Gaggar is an advocate practicing before the Supreme Court of India. The views expressed are personal.)

#Hindu_Lives_Matter

ramachandrag
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#Hindu_Lives_Matter

The Government enacted a law that provides succor to the prosecuted minorities of Afghanistan, Pakistan and Bangladesh. It had specifically listed out Hindus, Christians, Sikhs, Parsis and Jains and Buddhists. Obviously the majority community of these three Muslim majority nations are left out.

The Hindu newspaper says the number of the people who get such citizenship is numbered 31313.

As pointed out by many, this law does not revoke the citizenship of any person who is already a citizen in India. Many who have migrated to India due to persecution have welcomed this act.

(The issue of illegals and asylum seekers have never been seriously taken into consideration by Congress government. There were no laws enacted to identify and repatriate the illegals nor any steps to alleviate the suffering of the persecuted minorities. The illegals were turned into vote bank in the states bordering Bangla Desh by CPI(M), Congress and now Trinamool Congress. )

For those who think that there is no persecution of Christians, Hindus and Sikhs in these three muslim majority nations, can go and check the newspapers of these countries themselves. (The blasphemy laws have been used to punish and turn the minorities into docile, helpless and voiceless lot in these countries.) The present Act addresses this head on and offers a resolution which will delight the persecuted.)

But Congress, DMK, Communist and Muslim political parties have found discrimination in this law against the Muslims. The riots are being organized by opposition parties throughout India.

Let us see why some Muslims want to come to India from Muslim majority nations?

Obvious and important reason is economic opportunities. This is quite understandable. But this is not valid reason for the citizenship. Migrant labourers who migrate looking for better opportunities would go back to their preferred land when Pakistan and Bangladesh are more prosperous than India. Recently many Bangladeshis have migrated back to Bangladesh as there are more work opportunities in Bangladesh and it is going up in the GDP ladder. These migrants need labour permits to work in India which can be renewed time to time. But the people who come to India due to religious persecution in Pakistan and Bangladesh will not go back even if Bangladesh and Pakistan are richer than India. These people need the citizenship to live in India.

This is common sense. You don’t need PhDs in social science and history to understand this. But the reason, many such intellectuals have taken up “equality” and “non discrimination” to support the CAB protests are two fold. First is to give no credence to the persecution of Hindus. Second is to provide a reason for the Muslims in India to raise against the Indian state. (It is laughable that these parties never raised a voice in favor of the persecuted in these countries but now pretend to care for Muslim migrants. In short they accept that there is persecution for Muslims as well in these countries, but want India to step in and help the Muslims persecuted in the theological countries. This is sheer hypocricy and hyperbole.)

During the time of communal riots in Sri Lanka, many Tamils have migrated to India. They are being supported by India, and India is actively engaging with the Sri Lankan government as well as the displaced people regarding this. But if some Sinhalese have come to India during that time, they have to be treated differently. If some Sinhalese have written against the Sri Lankan state and need refugee status in India, that should be looked at with sympathy and provide asylum. But no sane person would say that Sinhalese should be treated on par with Tamils from Sri Lanka.

(To turn to an example which everyone can understand we should turn to the case of Taslima Nasreen who was an athiest and hounded by expremists in Bangla Desh. The Government of India did welcome her and allowed her to remain in India.The parties which agitate in favor of Muslims persecuted in Bangladesh never lifted a finger to help her or petition Government to expedite her ctitizenship request. Instead the Muslim parties threatened her and tried to kill her when she was addressing a meeting in Hyderabad. )

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Let us remember #blacklivesmatter protests in America. When systemic racism in America was killing blacks for minor infractions, the mass of African americans rose against that racist police and state machinery. They raised a banner of revolt and reminded the people of America that #blacklivesmatter. (There were meetings organized to focus the indignities suffered by black citizens in the hands of Police. )

Against this, whites raised another slogan.  #Alllivesmatter . (So to undermine the focus on injustice against the blacks this movement sought to blunt the edge and sow confusion about the principles which #blacklivesmatter stood for and create a smoke screen that the movement cares for all the lives.)

It is easy to understand the crudity and vulgarity of this slogan. #alllivesmatter slogan was raised mainly to deny and demean the injustice done to African Americans.

This slogan, ignores the systemic racism that African Americans undergo in America in their daily lives. This slogan creates a false image that all the people are undergoing a similar oppression. When it says every life is important, it tries to club the African American sufferings under one umbrella and says the African American’s life is as good or as bad as a white american’s life. Many people were criticized for putting forth the meaningless #alllivesmatter. That list includes Hillary Clinton and Donald Trump.

Columbia university professor Carla Shedd says that #alllivesmatter slogan is blatant racism. After many intellectuals criticized this counteracting slogan, Jennifer Lopez and Hillary Clinton publicly apologized for saying #alllivesmatter.

A similar #alllivesmatter slogan is raised in India against the prosecuted Hindus of Afghanistan and Bangladesh.

The systemic persecution of Hindus in Afghanistan, Bangladesh and Pakistan are motivated by the religion. These are self declared Islamic states who deny important posts in the country to the minorities in the name of religion. Just to oppose BJP, entire opposition, intellectual class is denying the persecution of Hindus in Afghanistan, Bangladesh and Pakistan. It had never raised that issue as an important issue in India. But Pakistan’s prime minister calls the CAB as Hindu fascism. These intellectuals never asked a simple question, if they are not oppressed by whatever fascism in these countries, why they want to come to India?

More than Intellectuals, what is worrysome is the mainstream political parties of India who are displaying their hatred for Hindus. When you deny the systemic oppression that Hindus, along with other minorities, undergo in Pakistan and Bangladesh, whose cause are these political parties serving? They act as if they are the Jihadi sympathizers who want the demographic invasion of India. If they want to have such a state, they can visit these three lands now itself to have the life they want. Jihadi sympathizers may be useful idiots for Jihadis who went on a rampage for the sake of Rohingya refugees. But if Indian state allows itself to be manipulated by these organized riots, the future of India as a democracy is at stake.

But these mainstream political parties have always stood against Hinduism as a religion. Congress has officially said that Rama is an imaginary character. DMK and its parent organization Dravidar Kazhagam have always stood against Hindu religion unequivocally. We need not talk about Communists.

But beyond the hatred that these parties show against the Hindu religion, now they have started showing their hatred to Hindus themselves. That too the Hindus who have escaped the prosecution in Bangladesh, Pakistan and Afghanistan.

What is being displayed by these protests is just pure Hinduphobia. Let us call it for what it is.

Let us say #Hindu_Lives_Matter

Layman’s guide to CAA

Sahil Jain
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Layman’s guide to CAA

Ever since the Parliament passed the Citizenship (Amendment) Bill, 2019, and its subsequent notification in the official gazette, there seems to be a deliberate attempt to create mayhem in the whole country by vested interests whose entire lives have been about targeting anything and everything associated with the Hindus. The law is to bestow Indian Citizenship to persecuted religious minorities from our neighbouring Islamic countries of Pakistan, Bangladesh and Afghanistan, where Hindus, Sikhs, Jains, Parsis, Buddhists, Christians are subjected to various forms of atrocities ranging from forceful conversions, abductions, murder, etc just because they happen to belong to these religions. Such phenomena are well documented wherever Muslims are in majority, even if its in North Pole or South Pole.!

Prime Minister Modi himself has said that the law is to correct the historical wrong committed during the partition of our country. Hindus who hoped for a better future and migrated to Pakistan were belied and the resultant effect was that they were systematically targeted by the Pakistani state because of their religious beliefs,  and in order to escape this wrath, they had no other option but to enter India in order to save their culture, tradition, wives, sons, and their very lives.! Bangladesh was earlier part of Pakistan(known as East Pakistan) till it was liberated by Indian military intervention in 1971. The situation for Hindus is similar in Bangladesh, if not worse.

The Constitution of Pakistan, Bangladesh, Afghanistan say Islam is their state religion and hence the name Islamic Republic Of Pakistan, Bangladesh, Afghanistan. So when the Constitution of these countries explicitly professes Islam to be their state religion, how can the Muslims living there face religious persecution in their own homes. Its like saying Hindus are persecuted here in India and seeking citizenship somewhere else. This just does not happen.! And its because of this very reason that the Muslims of those countries are excluded from the ambit of this law. However, if they apply for Indian Citizenship, it won’t be denied, but due process will be followed to accord citizenship to them. Its just that the current Citizenship (Amendment) law is altogether different from the normal Citizenship law under which any person of any country can be granted citizenship after due process.

Coming to the protests that we are witnessing against the amended law in some parts of the country, it is purely motivated. No Indian, in any way, is affected by this amended Citizenship law. Indians have nothing to lose due to the passage of this bill in Parliament. The protests in Assam is because the law negates the Assam Accord of 1985, wherein all Bangladeshis irrespective of their religious beliefs were to be identified and deported. What Citizenship law does is that it keeps religious minorities (Hindus, Sikhs, Jains, Christians, Parsis, Buddhists) of Bangladesh and talks of deporting only illegal Bangladeshi Muslim from Assam. The reason for keeping them is already quoted at the beginning of this article. However, the people of Assam, rightfully, and understandably, were peacefully protesting  against the amended law, until it was hijacked by vested interests and turned violent.

The people of Assam are amongst the most tolerant and peace-loving people of India, as is evident from the fact that they have historically shared the disproportionate burden of illegal Bangladeshis for decades and continued with their peaceful protests. But they must, and I think have already understood, the importance of the new law that protects our fellow brethrens who were treated mercilessly by the Muslim-majority neighbouring country. Like I said before, the Prime Minister has himself said that the law is to correct the historical wrong committed at the time of partition of our country, and Assamese people are aware of it now. Besides, the Government has already constituted a committee to implement Clause 6 of the Assam Accord, 1985 that seeks to protect the cultural, social, linguistic, political rights of the Assamese people, clearly sending a message that the government cares for the rights of the Assamese people, unlike the Congress Party that never cared to implement Clause 6, or conduct an NRC exercise in the state as was promised to the Assamese people under the 1985 accord. The Modi Government has done both.!

As for the protests elsewhere, it is deliberately done by the enemies of the Modi regime who don’t want Hindus to remain at peace anywhere. And for the protesters, they themselves know what will happen when NRC is implemented throughout the country, and just like PM Modi said, those who are protesting can be identified merely by looking at their clothes. It is this fear that’s forcing the illegals and their backers, to come out and ransack anything that they can lay their hands on. The Government is watching, the Intelligence Bureau(IB) is collecting all the data about the protests and their sponsors. Wait and watch what the Government of India does. Meanwhile, state governments can learn from Uttar Pradesh Chief Minister’s assertion that those who destroy public property during  protests will have to compensate for it themselves by having their own properties’ auctioned.

Justice delayed, ‘not denied’: CAB fulfills historic promise

drvinushareddy
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Justice delayed, ‘not denied’: CAB fulfills historic promise

The Past causes the present, and so the future. The recent past of our nation cannot be forgotten in the back ground of present events happening in our country. Modern men came to Indian subcontinent 55000 years ago. Evidence of domestication of animals, food crops, storing crops and permanent structures dating back to 6500 BC appeared in Mehrgarh (Now in Balochistan). Gradually came the first urban civilization of world The Indus Valley Civilization which flourished during 2500 BC to 1900 BC along the river Indus or Sindhu basin. Vedas were composed in Sanskrit during 2000 to 500 B.C. The word Bharat was described in Indian epics.The word India was derived from Hindush -Persian terminology referring to the civilization living along Sindhu or Indus river.

Later, Mughal empire widely used word Hindustan. Different languages and kingdoms developed subsequently over thousands of years. After 10th century Central Asian Turks Invasion began, continued establishing Islamic Delhi Sultanate in 1206 subsequently establishing Mughal empire. This is followed by invasion by Portugals and Brtish from 15th century. Subsequently British India was established. Afghanistan became independent in 1919. Freedom struggle intensified in India. All India Muslim League strongly advocated for a separate Muslim majority nation. Obliging the demand of Muslim league, Indian National Congress agreed for partition of India leading to formation of Pakistan. In 1971 Bangladesh was carved out of Pakistan.

India was partitioned based on faith followed by a bloody massacre. Citizens were able to choose country and were given citizenships. Nehru Liaquat pact was signed on April 8, 1950 by Prime minister of India, Nehru and Prime minister of Pakistan, Liaquat Ali to take care of refugees and minorities in both nations. The pact protects the refugees and guaranteed equal rights, opportunities and freedom to practice religion to the minorities in both countries . But, persecution of minorities continued in Pakistan and Bangladesh which resulted in decrease of hindus from 27 % in Pakistan in 1947 to 2.6% in 2011 and from 22% in 1951 to 9.5% in 2011 in Bangladesh.

In India minorities were treated equally. The percentage of Muslims from 8% in 1947 to 14.6% in 2011. Minorities in India held highest posts of President, Vice President and Chief Justice of India. This was not followed in Pakistan and minorities were betrayed and had injustice. This injustice should have been corrected decades back which did not happen. Now justice will be delivered to the minorities of erstwhile India persecuted. Pakistan borne Manmohan singh became Indian.CAB helps others like him. Jogendra Nath Mandal, the Dalit leader worked with Muslim league, demanding a separate nation for muslims and thought Dalits would be better in Pakistan.

Jogendra Nath Mandal was one of founding fathers of Pakistan and first law minister of Pakistan. He fled back to India years later unable to tolerate persecution of minorities and social injustice to them. The number of minorities who shifted from India to Pakistan due to religious persecution from India after 1950 is insignificant. But persecution of minorities in Pakistan continued after 1950. Recently a Hindu dental doctor was murdered and 2 days back 14 years Christian girl abducted ,converted to Islam and married to Muslim. So fleeing of persecuted minorities to India continued every day after 1950. Lakhs of such persecuted minorities came over many years and are coming every day from Pakistan and Bangladesh. Such Persecuted minorities are not having any rights to education, jobs, vote, own properties.

The people of erstwhile India, who came to India due to religious persecution believing the promises of fore fathers during partition are not Indians. They are people of Noman’s land. Where will they go? What was their mistake? Just being Indians on the other side of border during partition. Ex PM Manmohan singh, Jogendranath mandal and many were given Indian citizenship because of promise during partition to minorities in Pakistan, other minorities from erstwhile India should also get the citizenship and rights.

Pakistan, Bangladesh and Afghanistan are the only theocratic Islamic countries which were part of British India and share border with India. They consider non Muslims as Infidels or kafirs and persecute minorities only for following different faith.In these countries religion Islam also can control the activities of governance.

Article 11 of Indian constitution allows parliament to regulate the right of citizenship. Many countries give citizenship on their own guidelines, including investments or exchange for money. This is not the first time India is accepting citizens from other countries. Previously India has accepted from many countries for various reasons.India was the only country to give asylum to Jews during persecution in world war II. India gave citizenship to millions of refugees, predominantly Tamilians, of geopolitical persecution from Sri Lanka. Thousands of Asians expulsed by Idi Amin from Uganda due to Indo phobia were given Indian citizenship. Bangladeshi Muslim Taslima Nasreen who was exiled for her writings was given asylum in India. Left supported groups opposed India giving asylum to Taslima and even orchestrated attacks against her. Many Pakistani Muslims like Adnan Sami were given Indian citizenship as per rules. Now also any citizen from any country including Pakistan can apply for Indian citizenship.

Article 14 provides equality among equals. Equal law shall apply to all in the same situation. Equals and unequals can not be treated equally. So how can minorities of 3 countries be treated equally with majority people of 3 countries? There are laws and facilities to protect minorities of India. This law protects the minorities of erstwhile India who were promised rights and freedom by both countries during partition.

The bill will in no way affect any citizen of India irrespective of faith. The interests of indigeneous population in North east have been taken care. Tribal areas under sixth schedule of constitution in Assam, Megahalya, Tripura & Mizoram are exempted from the bill. The bill also is not applicable in areas needing Inner Line permit system in Arunachal Pradesh, Manipur, Nagaland & Mizoram. Unnecessary Panic is being created over misconceptions, which is absolutely unwarranted.
Citizenship Ammendment Bill provides citizenship to religiously persecuted minorities of Christianity, Hinduism, Sikhism, Jianism, Bhuddism & Zoroastrianism from 3 countries of Pakistan, Bangladesh & Afghanistan. It is not about one faith. The bill decreases time for eligibility from 11 years to 5 years and the cut off date being December 31,2014.

Ex Prime Minister, Manmohan Singh was born in Pakistan in 1932. After partition his family migrated to present India. It was Dr. Manmohan Singh who requested the then home minister L.K. Advani in 2003 to develop a more liberal approach in granting citizenship to the persecuted minorities coming from Bangladesh. Mr. L. K. Advani also migrated to India from Pakistan after partition. In 2012, CPI (M) secretary Mr. Prakash Karat wrote to then PM Manmohan Singh urging to amend citizenship act for fast tracking the procedure to give citizenship to the persecuted minorities from Bangladesh. What do they want? Some times they want to give citizenship quickly to minorities from Bangladesh, sometimes they don’t want. They oppose giving citizenship to a persecuted Bangladeshi Muslim Taslima Nasreen. Irresrpective of who is running government, every political party should have a definitive and reasonable stand in such issues and not to create unnecessary panic and spreading misassumptions.

India has a history of more than ten thousand years. World reknowned Takshashila university and famous sites of Indus Valley Civilization like Harappa & Mohenjodaro are in Pakistan today. Even though being situated in Pakistan now, Takshashila university or Harappa stand for Indian culture and heritage. Few decades is very less time in a nation with thousands of rich history and heritage. India has a responsibility to take care of those minorities who are socially, culturally and geographically linked with us. Where will those minorities from erstwhile India persecuted for their faith go? For decades minorities in Pakistan and Bangladesh were denied the justice promised. Here, lies an opportunity to give their rights back to them. Justice delayed is justice denied.

It’s better to be late than NEVER.

Dr. B. Vinusha Reddy M.D. (General Medicine)

Protesting policing and propaganda

bhakti22
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Protesting policing and propaganda

“Those who make peaceful revolution impossible will make violent revolution inevitable.”
― John F. Kennedy

It is rightly said that dissent and democracy goes side by side. The recent development came as several pleas have been filed after a violent clash between Delhi Police and the Jamia students on Sunday. Meanwhile various protests were carried out in several places of Assam and West Bengal where at least 5 trains and 3 railway stations were torched.

The article will analyze what the law lays down about protesting, damaging the public property along with what is the Standard of Procedure (hereinafter referred as SOP) followed in so far as the police is concerned while dealing with protests, rioting and incidents of the likes as being seen in Delhi.

Rights and Restrictions

As far as the law is concerned, we have a Fundamental Right to Demonstrate, to form Associations in a Peaceful manner but the Constitution guarantees nothing in an absolute way, the Fundamental Right to Form Association, to Demonstrate, to make Representations collectively come with the rider of being subjected to reasonable restrictions. The law as it stands today states that one has to be reasonable while demonstrating, while making representations. There are certain ways and manners where one has to seek permissions, like in Delhi, one has to have permission from the police before having any kind of demonstration.

There is already a law of 1984, Prevention of Damage to Public Property which says that in case of destruction by people in such a manner where buses or any property for that matter is set ablaze, destroyed or any kind of destruction is done, then there is a provision for imprisonment up to 5 years. Now in 2015, there was an attempt by Government of India to bring changes in it, but the things have not yet materialized to the extent they should have. The Government wanted the market value of the destructed property should be recovered from the persons who have been identified as destroyers. One instance which happened two years ago, where one of Dera Chief in Chandigarh was arrested from Sirsa and when brought to Panchkula court, it resulted in a large scale destruction of public and private properties. High Court of Punjab and Haryana took the view that they have to pay for all the destructed property.

Duties and Rights of Police

The presence of the police is meant to ensure that no unlawful activity is indulged and in case they have issued order under clause 144, they have got to be complied by it.

Speaking strictly from the angle of the duty of the Police, there is a big NO to the destruction of the property and a big YES to right to protest that is where the law stands. Now when people start indulging in mob violence and vandalism, the riff-raffs take advantage. Now police couldn’t identify who is the stone pelter, is it the students or the riff-raffs, therefore police starts with the minimum force which is lathicharge below the waist, on the legs and then they switch to tear smoke shelling and then further force.

Talking about situations in West Bengal and Assam where the State Government is carrying out its own protest. Thus, irrespective of the place, the duty of the policeman remains the same.

If the law is being hurled, if the bombs are being hurled, there is no such law which prevents police or any security agency who is in-charge of maintaining law and order in that particular area, from not entering the university. It is only a courtesy which has developed into a practice over a period of time that police does take permission from Vice Chancellor or the Principal but only if there is time. There is a term “hot pursuit”, if in the hot pursuit, the police find that the ones whom they are chasing have entered the premises of a particular institution, even library, they certainly have all the rights to enter the library as well. Also, the Law makes no distinction whether it is students or anybody.

In case of such demonstration, what happens is that there is a sort of spiral circulation going on. One tab incites it, second tab gets incited, third tab giants it and then since crowd mentality is warm, thus the crowd becomes violent. When police finds that this kind of mentality would come, at that point of time, police has to break that mind, otherwise the damage would be much more.

As far as the issue of innocent bystanders is concerned, they are the victims by the protestors. One fact has to be seen that if in a demonstration, violence started taking place, no peaceful Citizen will stand there and remain a part of it as they will scoot so people standing there are the ones most likely to indulge in vandalism.

Crux of the matter

One major question which arises is that who decides what actions to take and what force to be used? As per law, it rests with the officer who is present at that instance. It can be the sub-inspector as well, therefore even the subordinate officer and sub-inspector can certainly give orders for dispersal and for use of force.

Coming to the amount of force that should be used, law states that minimum force should be used. Now the level of minimum force shall vary with situations, which could go till the extent of firing. The minimum force is decided according to the situation so it is the person’s duty who is taking decisions on the behalf of police to determine how much force is to be used against the crowd on the basis of how the crowd is behaving and at what stage, one should interfere.
Supreme Court in Baba Ramdev’s agitation, held that the police used its power which was beyond its requirement, at night, when the protestors were sleeping, they went and bounced upon the protestors and imposed article 144 which violated their right to demonstrate.

Apex Court stand

Citing destruction of property amid anti-Citizenship Amendment Act (CAA) protests in the national capital, Chief justice of India SA Bobde said, If violence and destruction of public property continues, we will not hear it. Further, he added, “Just because they happen to be students, it doesn’t mean they can take law and order in their hands, this has to be decided when things cool down. This is not the frame of mind when we can decide anything. Let the rioting stop,”

Supreme Court gave a set of guidelines on October 1st, 2018 to curb arson, destruction of public and private property during political agitation. Guidelines can be called Cautious Hamas’s, where the law is not there, the Supreme Court can always fill the law till the law is made for that matter which is a domain of the legislature and to promulgate that is the domain of the executive. Supreme Court is clear that no kind of vandalism would be tolerated. And it seems like if such incidents takes place in a regular manner, it would be uncertain whether the Supreme Court will the hear the plea or not. The beauty of democracy is you have the Right to Speak, you have the Right to Demonstrate, Right to Dissent but all are with the reasonable restrictions,, which means that if you have a Right, doesn’t mean you can invade someone else’s right.

Concluding Remarks:

The good thing is that technological aids have been invented- video cameras and CCTV’s are there which could bring up the evidence. It’s just that the visual media must play a more positive role, with more restraint and more balance. Any action can be taken after due course of enquiry either judicial or non judicial as one cannot punish a person without an enquiry. If a policeman has exceeded knowingly, intentionally with a motivation, certainly he should be punished but not before the enquiry. The media should see such things and inform the citizens accordingly.

What is enshrined in the Constitution is a Freedom of Speech, Expression, Demonstration. But the question is from where is the idea taken? We need to go back in history when Mahatma Gandhi used to indulge in a Satyagraha, there were demonstrations but the word used was “Satyagraha”, truthful demonstration where the intent was truthful and was achieved by non-violence, now demonstrations starts with a violence then that mischief culminates in the form of violence.

Opportunistic politics and hypo critic agenda- The root cause of CAA violent riots

drvinushareddy
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Opportunistic politics and hypo critic agenda- The root cause of CAA violent riots

Dissent and debate are essential parts of democracy, Not rioting or violent activities or ransacking public property or hurting civilians & government servants or spreading panic by lies.

  • Some questions which are not asked by many media.
  • Why Students of Jamia wanted to rally outside university?
  • Why did students rally along with protestors of AAP Amantullah Khan?
  • Why did students not oppose the so-called outsiders when they were damaging property, inciting violence and entering university?
  • Why did the Vice Chancellor not say about proctor (disciplinary officer) writing a letter to Delhi Police asking assistance to control situation?
  • Why do they won’t interview the injured police, civilians and those who lost their properties?

It does not require rocket science to say that the attacks were preplanned, orchestrated and politically motivated. The facts in this violent incident are shocking. In these riots dangerous precedent of using students,children and women as shields has been started.

In Malda, a mob of 1000 allegedly used 100 children as human shield and hurled bombs and pelted stones at police. In Jamia Milia Islamia a Kerala based lady activist ,who supported Yakub Menon, Shielded a rioter from police men. She said police men would never attack ladies and was made SHERO by some media. Riots are not uniform, they are sporadic concentrated in specific states and universities like Jamia Milia Islamia (JMI) Delhi, Aligarh Muslim University (AMU), Lucknow, Moulana Azad University, Hyderabad, which are Institutes for minorities and left leaning Jadhavpur University, Kolkata & Jawaharlal Nehru University (JNU), Delhi. Protests in Jamia Milia Islamia (JMI) went very violent mob burning 100 two-wheelers, 20 private cars, 4 public buses, targeting police post and injuring around 30 police men, 2 of whom are critical in ICU. Protestors tried to put fire on a bus with civilians inside.

This resulted in public inconvenience by halting metro and bus services. Trains were burnt, buses were damaged, stones pelted at police and even civilians attacked and hurt by protestors in West Bengal. AAP MLA Amanatullah Khan has delivered a provocative speech addressing thousands of minorities and allegedly “After passing Triple Talak bill Narendra Modi and Amit Shah took our silence for their smartness” minutes before rampant violent attack. Videos of Amanatullah Khan serving food to rioters allegedly emerged. Nearly 25000 people including Amanatulla Khan, participated in the peaceful rally organized by Jamia students which became violent causing a lot of damage and inconvenience. Police appealed repeatedly to stop rioting. As the rioters set buses on fire the Police were forced to act strictly on rioters using tear gas shells, batons,etc.. and had to enter university to detain the protestors.

The truths which came out later are even more shocking. Sensing the trouble growing, the Proctor(disciplinary officer) of Jamia University has written to the Delhi Police for assistance to control situation,after which Delhi Police entered university.In the arrested protestors , there was not even one Jamia student. Nearly 30 police persons were injured and 2 critically injured in this orchestrated attack.

Surprisingly they riot violently ,damage public property ,hurt people and then go to court with help of political parties. Supreme court came down heavily on the rioters saying “Just because you happen to be students, this does not give you right to riot. If protests, violence and destruction of property continues, we will not hear the case” and warned rioters to stop violence. Chief Justice of India said “What option police has when some one breaks the law and pelts stones? Why were buses burned?” Supreme court refused to take up the case of Police action in JMI.

There is a set of political parties supporting the rioting students of whom many have maintained a stand against illegal immigrants and supported for giving citizenship to persecuted minorities previously. In 2003 ex congress PM Manmohan Singh requested the then home minister L. K. Advani for a more liberal approach on treating religiously persecuted minorities of Bangladesh.In 2005 Mamata Banerjee stormed to well of Loksabha, threw paper against the speaker demanding action against illegal immigrants in Bengal and campaigned in elections. Ex Congress Assam CM Tarun Gogoi campaigned against illegal immigrants and won elections. In 2012, Tarun Gogoi promised to fast track NRC in Assam and demanded granting citizenship status to persecuted minorities of Bangladesh. In 2012, CPI(M) general secretary Mr. Prakash Karat wrote letter to then PM Mr.Manmohan Singh to amend Citizenship act to provide quick citizenship to minority refugees of Bengal. Now all of them have taken U turn, spreading panic with lies and in a single voice condemning police and supporting rioters. AAP went a step ahead and falsely accused the police of burning buses.

Bangladesh says It will tack back illegal immigrants who have entered India. The process of identifying illegal immigrants has started. The relationship between India and Bangladesh is sweet and they will deal maturely with matter of illegal immigrants. Now the above words by Bangladesh show truth, practicality and maturity.

In Assam, the epicentre of illegal immigration, curfew has been lifted and things are getting normalized. But there are violent riots in SPECIFIC areas only. This definitely shows a strong political motivation behind these riots:

Who is rioting? Why are they rioting? Against whom are they rioting? For whom are they rioting?Will they riot against Bangladesh also now? Who gave them the right to damage public property and burn buses with citizens?

Rioters are not respecting constitution of India. They are not respecting fellow citizens. They don’t respect taxpayers properties. Any Indian lawful citizen irrespective of faith will not get affected by CAA. Article 11 gives right to parliament to regulate citizenship.

Every political party has to maintain peace in the country while expressing dissent. The congress in Rajasthan and Mamata government in Bengal has arrested women over social media posts. Left has arrested many citizens before Sabarimala verdict. Such parties supporting rioters and crying for their freedom shows their hypocrisy. The last thing expected from political parties is to use religion and students as tools and instigate violence and damaging public property of taxpayers’ money. Universities and students supporting and taking part in such politically motivated violent protests and later turning the blame on police and government is absolutely unwarranted and shows country in a bad light internationally. Media has to be unbiased and project a real picture and facts, not according to their own interests. It is such media and politicians who survive on the division and increase division of society.

Dr. B. Vinusha Reddy
M.D. (General Medicine)

Has the Supreme Court become a court of first resort?

Narasimhan Vijayaraghavan
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Has the Supreme Court become a court of first resort?

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way”. That was the mail received from a puisne judge of a High Court, in the wake of the intervention by the Supreme Court, in the encounter deaths of the 4 accused in the horrific rape and dastardly killing of Disha in Hyderabad. It is the famed opening passage from Charles Dickens’ Tale of Two Cities, of 1859 vintage, a historical novel of inimitable beauty, set in London and Paris, during the French revolution.

The message was not hidden but direct. The Supreme Court set up a three-member inquiry commission  by orders dt.12th Dec, 2019, to investigate the recent killings of four Telangana rape and murder suspects in what the police said was an encounter. The commission will be headed by a retired Supreme Court Judge, Justice V.S. Sirpurkar. The two others on the panel are former Bombay High Court judge Rekha Baldota and former CBI Chief Kartikeyan. They have six months to complete their investigation.

The puisne judge’s message was indicative of the assumed jurisdiction by the top court, as if the court of first resort, rather than last resort, as envisaged by the framers of the Constitution. Even Art.32 of the Constitution, to invoke fundamental rights, described by Babasaheb Ambedkar as the “heart and soul has its judicial limits to its remit”, said Justice V.R. Krishna Iyer. Krishna Iyer put it eloquently, “Supreme Court commands a high stature, lofty functional independence, unitive, hierarchical structure and robed mega power. Even so, judges be they ever so high, exercise authority under the Constitution, never over it. True, the Supreme Court is final, not because it is infallible, it is infallible because it is final”. The message from the pusine judge is straight as an arrow. Nowadays, the orders of the Supreme Court appear to be coming not as ‘final’ verdicts but as possibly the ‘first’ verdict. Got the message?

Of course, we are in the best of times and worst of times, at any given point of time, in the judicial history of this nation. Undeniably, the Supreme Court of India is the most powerful institution in the world. “Constitutionally, it may not be designed so, but it has usurped to itself the power to do good to the highest numbers from where it is perched”, suggested late Chief Justice P.N. Bhagwati. The recent verdict in Ramajanmabhoomi verdict and ‘dismissal of all review petitions’ on 12th Dec, 2019, is a classic instance of the Supreme Court, entertaining its  hierarchial jurisdiction, when it was meant to be, in first appeal, sitting over the Allahabad High Court Special Bench’s suit verdict. It was not an assumed jurisdiction that belonged to the lower tier.

Who better to quote again than Chief Justice P.N. Bhagwati, “The Supreme Court of India had for long remained an arena of legal quibbling for men with long purses. But now, increasingly it has started being identified by judges as well as by people as the last resort for the oppressed and the bewildered.  The transition from a traditional captive agency with a low social visibility into a liberated agency with high socio-political feasibility is an interesting development of the Indian appellate judiciary”. Mark the expression, “appellate judiciary”.

That is where very serious reservations  have arisen and academicians are worried that the law lords of Supreme Court appear to be lording over the hierarchy, ‘as if they matter and they alone matter’ (Justice Holmes) and unwilling to resist entertaining matters which may belong to even Magistracy, leave alone the constitutional High Courts. The visibility that the Supreme Court has gained of late is phenomenal. The commoner is now bombarded with cacophony and pandemonium in his drawing room with ‘loud mouthed louts as anchors peddling ideological food fights on the idiot box’, as Havard Professor Michael Sandel disdainfully dismisses them.  On the daily orders from the Apex Court.

While it is true that in the case of say the Karnataka Assembly imbroglio or the Mess in Maharashtra, the intervention of the Supreme Court lent credibility to the immediacy and scope for quick closure. But that cannot become the rule, for the top court to deal with causes, which did not belong to them, as if the court of first resort. In the Constituent Assembly debates, it was made clear that ‘while the supremacy of the Supreme Court was to be accorded its due primacy, it ought not to be at the cost of forsaking the need for a systemic hierarchical discipline.” Meaning that the judges who adorn the pulpit, ought to yield to the Courts below, their pride of place, and not be seen to be seen jumping in, ahead of time.

In cause after cause, we now find the spectacle of issues being escalated to the Supreme Court not from the High Courts but directly, bypassing the courts below. There is now a willingness to overrun the hierarchical courts. Matters belonging to Magistracy too land up before the Supreme Court, as the Gautam Navalakha and Rafale defence deal controversies. That casts a serious shadow on the efficacy of the courts below.

Chief Justice of India Dipak Misra, before retirement said, “Assumption of jurisdiction must be the rule and not abdication”. True. But that is to be practised vis a vis causes of national security et al. Not in terms of hierarchical courts, where the Supreme Court overwhelms the Courts below, by assuming causes which they ought to abdicate in favour of them, at the first instance. For instance, even in matters such as Aadhaar or Triple Talaq or Art.370, TN local body elections, and now to emerge Citizenship Amendment Act challenges, a few decades ago, the Supreme Court would have let the High Courts, to handle them at the first instance. Even where similar litigation were pending before several High Courts, all that the Supreme Court did was to intervene to ensure transfer and consolidation of all of them to one High Court, to have the benefit of a verdict, before sitting in judgment over it. That enhanced institutional integrity and judicial discipline.

Alas, it is no longer true. There are a battery of expert lawyers practising in the art of the approaching the Supreme Court, as the Court of first resort. Honestly, as a practitioner too, one sincerely feels that it was time for Supreme Court to decline to ‘entertain every other cause in irrational exuberance as avoidable proclivity’ as Nani Palkhivala remarked once, in another context. For the Supreme Court to retain its supremacy as the final arbiter of mother of all laws viz. Constitution, time may have come for Parliament to enact a National Court of Appeal, allowing the luxury of time for the top court to deal with constitutional issues alone.

(Narasimhan Vijayaraghavan- Author is practising advocate in the Madras High Court)

Margazhi Musings: Tiruchur Brothers Srikrishna And Ramkumar on Song

Narasimhan Vijayaraghavan
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Margazhi Musings: Tiruchur Brothers Srikrishna And Ramkumar on Song

Imagine a Bullet Train chugging along at top speed, on a steel bridge, as you lie down to go to sleep. As you are getting used to the musical reverie, the train alternates with a fast and furious entry into a cave. That was some enthralling experience that we the Rasikas were taken on, by Tiruchur Brothers, Srikrishna Mohan and Ramkumar Mohan on 14th Dec,2019 at Brahma Gana Sabha, at 18.00 hrs. Giving a typical start to any of their concerts, they literally tuned the acoustics to fit their duo singing, and that meant they were in their element. 

The brothers have now made the grade. They have now built a fan following which ensures that the hall gets filled up, notwithstanding the host of concerts on, simultaneously. They made the ‘grade’, literally,  a couple of years ago ,when the Music Academy, (which had its inauguration on 16th Dec, 2019,at 17.00 sharp, with clockwork precision) escalated them to the evening slot at 16.00 hrs, answering the clarion call from the rasikas, for at least two or three years running. It is time the Academy deigned to elevate the younger performers, as such recognition goes a long way in enthusing more, to emulate, and Carnatic music deserves close nurturing, to lend more strength, vigour, energy and effervescence, which is the need of the hour. Performing at Lords is lordly, one has to concede. 

As the Bullet Train left the station, it was a jumpy start with the Varnam Mathe. But it was no jerky motion. It was on an even keel. That is the beauty of their upbringing, with their mother, as possibly their first Guru at home, and continuing to be their leading light. That their father Sri. Mohan accompanies them on stage, on Mirudangam, makes it, in part, a family affair. One wonders what the dinner table conversations at home, would be like. 

It appears that their home at Tiruchur, was a welcoming one, for every other Carnatic musician, from all over India, led by the inimitable M S Subbulakshmi. Naturally, music was in their growing and the mellifluous ambience appears to have got into their veins. The Brothers have imbibed musical environment, as well as they could. That they were blooded early, is evident from the confidence level, they exude from the stage. As they sit erect, set the mike and throw the swarams, as if in a fusillade, from their throats, as is their wont, the concert platform is well lit.

The duo now performs like a M.S. Dhoni – Virat Kohli or to go back, a Sachin Tendulkar- Virender Sehwag or even earlier Sunil Gavaskar – Gundappa Vishwanath pairing .There is an intuitive feel between them. As one phrase is lobbed by the elder Mohan , the younger one, catches it in time and completes the run. There is now such a telepathic understanding between the two that the swaraprastharams exchange keep them afloat throughout the concert. Not once they miss a catch or there is fear of their getting run out. They do not fail to score the boundaries and sixes, as they exchange batons. It is a run, sorry, musical feast .There is sublimation in the musical matchmaking with the brothers alternating from a crescendo to the decrescendo or diminuendo (as is your pick), as their USP. 

As one approached the venue, tickets were found to have been sold out. From the corner of the eye, one noticed that Balu @ N. Balasubramanian, Secretary, Brahma Gana Sabha, trying to organise seats for the latecomers. He had a tough ask and was surrounded by far too many aspirants for a seat. But not for nothing is old school time buddy friendship. That has an enduring faculty to trump over other networking retinue. So, Balu yielded his own seat and not for the first time. 

One thanked Balu for the vantage seat, upfront, to watch and hear the brothers in action, on a day, they were on song. They broke into Aaro Evararo – Arunachala Kavi’s classic on Lord Rama as seen by Sita Mayya. (season favourite or Ramjanmabhoomi effect? ). The manner in which the singing duo exchanged the phrases, with meticulous and mellifluous H.N. Baskar on the fiddle, father Mohan on the Mirudangam (who else) and Shankar on the Kanjira, it was a Kasihalwa, Ravadosa,Filter Coffee combo. Filling and fulfilling. The brothers were particular that accompanists were identified, recognised and applauded by the rasikas, a welcome gesture, as Thani Avarthanam is always the awkward raskikas’ time to take leave. 

Swati Tirunal’s (Subbudu’s bête noire vis a vis his running feud with Semmangudi Srinivasa Iyer, another day, another story) Bhogeendra Saayinam in Kuntavarali raagam, was the perfect breezy interlude, as the Bullet Train was speeding along in perfect rhythm. It was around 20.00 hrs when the Carnatic music Rasika gets itchy to take leave, when the brothers sought leave of the assembled, to carry on till around 21.00 hrs. There was thumbs up, as the duo broke into Raagam Thanam Pallavi in Beeethovenpriya Raagam (Musician Ramesh Vinayagam’s creation, we were told) on Lord Venkateswara.  The Bullet Train did not yield speed, one bit, as it climbed the hill, and gave us free darshan with lots of laddoos. It was a sweet presentation ‘with lots of liberties taken’ as the singers confessed. 

As they wound up with a home grown lullaby, from God’s Own Country, one heard muted sobbing from the rear. Without indecently turning back, one, sharpened the ears to pick up that it was a widowed mother yearning for her only son’s love, as she was reminded by the lullaby, which she had sung as a young mother, to put her child to bed. Now, she was ‘put up’ by her generous son, a software engineer in the US of A, in an old age home. (after selling the family jewels which he claimed that his wife and 2 girls born abroad, had no use for). 

As the brothers broke into their own Mangalam routine, not the usual, one was rudely shaken by the inconsolable mother. It took a while for her neighbour, to get her on to her wobbly knees. But then, one went away with the feel that the concert was, after all, a success,  as the emotional roller coaster of those in joy, revelry, calmness, prayerful, soulful, with the sad sombre sobbing of a doting mother, completing  the full circle, of what a Carnatic music can and does offer. The Bullet Train was not brought to a halt with a sudden braking or a thud, as if a shakedown. It was eased into the station from the fast and furious to the mellowing, to the soft lullaby. One wonders whether the old lady had a good night sleep despite the fabulous concert we had come to. If she did not, which could have been more like it,that too, the Tiruchur brothers can take credit (for pathos too is an intrinsic, creative, impacting musical faculty) for.  Life is full of contrasts, and Carnatic music platforms are no exception to this rule.

(Author- Narasimhan Vijayaraghavan- is practising advocate in the Madras High Court) 

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