Home Blog Page 677

A Triple Talaq for J&K?

bharatsingh
-
0
A Triple Talaq for J&K?

In a popular Indian fable, Vikram the hero and Vetal the ghost are forever caught in a time wrap – the former continuously trying to carry Vetal on his back while the latter lulling him with a story and escaping back to his haunt. The situation in J&K is no different. Jammu-Ladakh have now been carrying the Kashmiri political baggage on their backs for over 70 years while Kashmir, their spoilt sibling, stubbornly refuses to leave its old haunts. For each step forward by Jammu and Ladakh, Kashmir drags them two back. Has the time for trifurcation of J&K finally arrived?

Most commentators have a threefold argument against this proposal. First, that the amalgamated state acts as a bridge between Kashmir and the rest of India. Second, that the present configuration is linked to Article 370 which itself is a legal safeguard against an international court of law insisting on cessation of Indian claims over the entire state. Third, that any division of the state will have to be on communal lines. These apprehensions are, however, immature and redundant. There is nothing common between the three regions and the time for trifurcation of J&K is overdue as a host of reasons indicate.

Historical Issues

The indomitable Pir Panjal ranges have forever uniquely demarcated the destinies of the people of Kashmir from that of the rest of the state. The conversion of the valley into Islam under the sword by Ram Chand’s followers i.e. Rainchan Shah a.k.a. Sadr – ul – Din (a settler from Tibet, who converted to Islam out of spite when the Brahmins refused to accept him into Hinduism) and Shah Mirza, their succesor Sultan Sikandar (` But – Shikast’ or Idol Breaker), the Moghuls (Aurangzeb) and the Pathans ( Asad Khan) happened in virtual isolation. If anything, the only intermingling happened when the Kisthwar hills of Jammu Region served as temporary hideouts during periods of invasions in the Valley. Later, no migration of any value occurred during the Partition into Kashmir unlike what happened south of the Pir Panjals.

Migration during Partrition:

By their atrocities, the Qaibili raiders antagonized the Kashmiri people resulting in Sheikh Abdullah fully supporting the Indian intervention. But later, his attempt to cozy up to the US offering it a military base in Kashmir in the 60s had no linkages elsewhere in the state. Till date, no political activity or support from Jammu/Ladakh is forthcoming for Kashmir’s politics or vice versa (Census data on the govt site lists indicates refugees are only in south of Pir Panjals).

Unlike Kashmir, there were no takers for Pakistani sponsored insurgency in Jammu region in spite of having faced similar factors like rampant corruption, government apathy, police brutality, human rights violations and the infamous massively rigged elections in the late 80s. In sharp contrast to Kashmir, insurgency in Jammu region had to be literally forced –  through terrorism to subjugate the remote population in the Jammu region and through trans – Pir Panjal migration for generating pro-separatist political activity. This migration from Kashmir into the Surankot, Gool & Kishtwar areas of Jammu created the much needed linkage for spreading and sustaining terrorism south of the Pir Panjal. It was only through this common political link that Pakistan could establish a terrorist grid in Jammu region to make it tow the Kashmiri line. Today as insurgency wanes and Jammu limps back to normalcy, Kashmir is still playing into the hands of the separatists – allowing its youth to take up employment under their `militant-for-hire’ scheme.

Social Issues

Although language is an important parameter for establishing the uniformity of an entity or region, no common lingua franca exists between the three regions of the state. Dogri, Kashmiri and Ladakhi are distinctly different languages with their locally varying dialects and overlaps. Urdu, the official language for documentation finds takers, quite literally, only on paper.

Jammu and Ladakh are conscious of the immense potential of tourism for boosting economy and creating employment– as neighboring Himachal Pradesh has successfully shown. While the two regions have cried themselves hoarse for state support, they continue to get the short shift from the primarily Kashmir oriented state leadership even as Kashmir continues to create tourist – hostile situations inspite of massive state investments to boost tourism there.

Kashmir has constantly attempted to sensationalize and communalize issues – look at the Kashmiri tendency to implicate security forces even in clearly local criminal cases and their deliberate silence over the Kashmiri Pandits’ plight. KP organizations have recently used Jammu based media to voice their concerns over illegal occupation of their property, alteration of land records and even unsanctioned activity in their religious institutions/cremation grounds. In Jammu, communal issues have been witnessed only where political activists from Kashmir are settled – the average citizen south of the Pir Panjal is secular in outlook. It is no surprise then that KPs are unwilling to go back to their homes unless a separate homeland is created in the Valley. Obviously, for the average KP, Kashmiriyat ended the day the ethnic cleansing of KPs commenced in the late 80s.

Jammu and Ladakh consider themselves as inseparable parts of India. Although the average Kashmiri too holds this view, he still seeks to blackmail the government by waving the `azadi’ card to secure unaccounted for aid and concessions. It is a common refrain amongst the state citizens that while Jammu and Ladakh pay the taxes and electricity bills, Kashmir gobbles up all the central aid without having to bother about these.

While Jammu and Ladakh vote for political parties with Kashmiri leadership, the converse is still not true. The result is Kashmir centric politics and focus.

While people in Kashmir burn the Tricolour, Jammu waves it even during a protest against the government.

Here’s the last word – There is no similarity between Kashmir and the rest of the state.

Administrative Reasons

The state has a geographical area of approximately 2,22,236 square kilometers – that is four Himachal Pradesh states put together. The two states have comparable population densities and terrain accessibility, which only adds to the case for division of J&K for optimum administration. Incidentally, J&K state is also larger than numerous European countries and equivalent to most. The extremely poor quality of administration in J&K obviously speaks for itself.

Because of its geographical extent and political polarity, a unified J&K has the inescapable requirement of at least two state capitals. The six-monthly shifting of the administration and maintenance of two infrastructural facilities costs the Exchequer heavily, an amount the state can ill afford to waste. The issue is compounded by the harassment this results in for the average citizen when the administration is preparing to move or settling down.

The potential of tourism in Jammu region is more than Himachal Pradesh – adventure, religious or sight-seeing – but remains untapped due to the Kashmir centric politics. In the name of boosting tourism, only lip service has been done – a few boards, a toilet or two (which remain sealed), a garbage can or two (without disposal system) and disinterested, bureaucratic staff (mostly absent) at the reception centers. Countless forts, religious places and scenic spots remain poorly connected. The credit for the existing tourism activity can be attributed to either erstwhile Governor Jagmohan or private effort.

Economy in Jammu is sustained primarily due to agriculture, some mining and tourism. Jammu’s status as the last railway station will be usurped soon enough as most of the Kashmir headed tourist traffic gets diverted once the railway line reaches the Valley. A trifurcation will clearly boost the economies of Jammu and Ladakh regions because of the dedicated and focused attention it will generate.

Today, Jammu City is bursting at its seams because of the migration from the Valley, Poonch and Doda belts – a result of years of terrorism and de facto ethnic cleansing, even demographic rehabilitation of Rohingyas. All shades of people desirous of peace, security and normal lives have been forced to leave their historic homes and settle there in inhuman conditions. With 20 years of insurgency, a whole generation of youth has been reared on violence in the Valley deeply sensitized to militancy as a way of living (and earning). Similarly, a generation of youth in the Jammu region has been reared away from their homelands and on the notion that it is best to migrate. This situation would not have come to pass if Jammu and Kashmir had been two separate states since the magnitude of the ethnic cleansing would have been visible to the nation and the Kashmiri administration would have been obliged to take positive and proactive measures.

Even after seventy years of independence, people in remote areas of Jammu and Ladakh are leading lives of quiet desperation, vulnerable to the whims of terrorists and an insensitive administration, with no one to go to. Numerous criminal cases against minorities go unnoticed and get inadequate representation, sometimes in the hope that the issue will resolve by itself. The state is in need of efficient, honest and accountable administration, which is only possible if the state trifurcates.

The Perils of Procrastination

It is easy to get lulled into inaction due to the security familiarity to a way of life provides. But the time for change is now. For much too long, countless innocent people in J&K have been subjected to a sub-human way of life because of a political issue the central government has been unable to solve and the state government not keen to. A trifurcation would be a big leap towards J&K’s development as is happening in other recently created states.

If J&K does not honourably trifurcate now, it will disintegrate into an entity unworthy of its rich culture and tradition:

  • Communal polarity will increase as the last vestiges of minority communities migrate out of Kashmir Valley. As the government hands out sops in the form of government jobs to the migrants in Jammu to buy their silence, the simmering resentment amongst the Jammu citizens will turn overt leading to more violence – this time in Jammu.
  • The new generation raised in the two decades of insurgency will increasingly resort to the only way of living it has seen – violence – as a livelihood in the hands of political parties and separatists.
  • Tourism and other economic activity in the Valley will gradually suffer further increasing unemployment leading to a vicious cycle. This would be fertile ground for more extremism.
  • Separatist political activity will make deeper inroads into contiguous parts of Jammu and Ladakh regions expanding the insurgency, violence and communal tension. Note the bandhs in Kishtwar in support of the recent Kashmir incidents. With this, the process will repeat itself, this time in Jammu region.
  • A more interesting fate awaits Ladakh. While Kargil will go the Kishtwar way, Leh will remain isolated and neglected making it susceptible to Chinese influence as the Tibetan movement disintegrates after the present Dalai Lama and becomes Han-centric.
  • Finally, J&K veers towards three influences, possibly even trifurcating, into three parts – Ladakh with China, Kashmir (including Kargil, Kishtwar and Poonch, Rajaouri and Doda – Banihal) with Pakistan and the balance of Jammu with India.No longer will the flogging of the dead horse of J&K’s supposed autonomy serve any purpose. It is time to bury it with full honours. The political impasse because of Kashmir has kept J&K in a time wrap for the better part of a century – why should Jammu and Ladakh be chained and isolated because of their sibling? And who knows, with the trifurcation, the ghost of Article 370 would also finally have been laid to rest along with any meaningless rhetoric for a redundant plebiscite.

Sources and References:

Scrapping of MCI was needed: Here is why

S Ranganathan
-
0
Scrapping of MCI was needed: Here is why

The firmness shown by the Prime Minister Narendra Modi to scrap the MCI which had earned the title, the ‘Most Corrupt Institution’ instead of its original title ‘Medical Council of India’ needs to be appreciated.

Well-orchestrated, organized, institutionalized exploitation and looting of human mind especially when it is weak and hopeless is quite omniscient in today’s medical profession. Although a sweeping statement should not be used to define the entire medical profession, but the vivisection of medical profession in India will certainly shock the humanity.

The sufferings due to various ailments vis-à-vis the state of penury after successful treatment, which one bother the Indians the most if we ask, most would say the later and would even say that they would gracefully accept the destiny’s course than would go to the greedy medical professionals for treatment to make the future of their family pauper and penniless.

Instead of governing the medical education and practice with high level of ethical prudence, MCI seems to have breached all values and responsibilities enshrined upon it, has become the warehouse of corruptions and scams.  Therefore, scraping MCI is utmost important and installation of a new mechanism for the governance medical education and medical practice is essential.

The new body should primarily focus on the ethical behaviour of the medical practice. Today the money and not the right treatment or right diagnosis appears to drive most medical professionals in private practice. Unless and until strict vigilance is made over every clinician especially in private practice and strict punishment is awarded instantaneously for the offenders, we cannot reform the health care system in India.

In AYUSH too such stringent measures are needed. Several AYUSH Vaidyas in private practice known to breach not only the ethics but the law of the land as well by engaging in cross pathy. Unfortunately the government AYUSH bodies are least concerned about such breach of trust and professionalism by AYUSH Vaidyas in private practice.

The cross pathy by several institutionally qualified Siddha Vaidyas in Tamil Nadu has virtually impaired the progress and prospects of the wonderful Siddha system of healing practice in India.

The Siddha practitioners in government establishments are doing their best to promote and popularize the system but some Siddha vaidyas in private practice in Tamil Nadu derail the mission and raise serious question over the merit and trust of Siddha system through cross pathy.

Government should create a high power committee or an appropriate body to govern both medical education and medical practice. The medical practice rendered by those private practitioners although come under clinical establishment act, but regular moral and value refreshment courses for all medical professionals alone will ensure success of the mission.

Government must create two separate verticals in our health care system. AYUSH must be brought under health and wellness where pre-medical, post treatment and paramedical therapies should be the primary focus. All AYUSH Vaidyas must be brought under the above para- and pre-medical services and the second one is for treatment of diseases.

The thrust and focus must be given to pre and paramedical therapy system of AYUSH. All essential aspects that predispose various health problems like personal hygiene, sanitation, healthy living conditions, home remedies, importance of keeping mind calm and healthy etc., must be achieved through the large number of already available AYUSH vaidyas to make India healthy. Cross pathy not only affects the relevance of AYUSH but also cause medication health fraud.

Another important change India requires is in the area of drug sale. The chemists must be barred or made accountable for selling scheduled drugs without prescription.

Moral and spiritual education is needed for all medical professional as they are believed by poor people as real God. Once the definition of medical service for both AYUSH and alloapthy is brought and AYUSH service is largely utilized for pre and paramedical benefits and allopathy for treatment of diseases, we can really reform our health delivery system.

Even in far developed countries like UK and US, the services of midwife is encouraged for addressing primary health issues. Most of the AYUSH Vaidyas are predominantly located in villages and regions where poor and uneducated people reside. Therefore the service of AYUSH Vaidyas for paramedical benefits would certainly reduce the overall disease burden of our nation.

Instead of allowing cross pathy by AYUSH Vaidyas, AYUSH vaidyas in private practice must be encouraged for providing pre and paramedical services to the society. Similarly the allopathic doctors must be strictly monitored for their ethical conduct and humane way of delivering the service that they are bound to.

The far reaching wisdom, commitment, passion and vision of PM Modi to reform our health care system have been well received by the global community. Indians will certainly recognize the importance of Narendra Modi continuing as Prime Minister of India in 2019 and beyond where more such reforms will take Indian to new destination to achieve Sab ka vikas.

Why Iran is important for India

001abhinav
-
0
Why Iran is important for India

India’s diplomacy revolves around her security concern with her neighbours on both sides of the geography. On the western flank, presence of Pakistan shut off the fate of trade from Central Asia. For fulfillment of its petroleum need, India is dependent on Arabic countries. And Iran is the second largest supplier of crude oil to India. Also for Iran India is the second largest buyer after China. The US however is seeking to influence this important policy of India under which India currently imports only three fourth of its crude oil requirements.

The development of Chabahar port as India-Iran-Afghanistan three-way corridor for transport transit is contentious for US. The Chabahar port will cut transport cost and time of Indian goods by a third. The port is likely to ramp up trade among India, Afghanistan and Iran as Pakistan denied transit transport to New Delhi for trade amongst these countries.

From Chabahar port the existing Iranian Road network can link up to Zara in Afghanistan. About 883 km from the port constructed by India in 2009 can give access to Afghanistan’s garland Highway setting up Road access to four major cities in Afghanistan Herat, Kandhar, Kabul and Mazar e Sharif.

Once India reaches Afghanistan, the importance of Central Asia will increase. For that India joined Ashgabad Agreement. It is a multi transport agreement between India, Iran, Kazakhstan, Oman, Pakistan, Turkmenistan and Uzbekistan for creating national transport and transit corridor facilitating transportation of goods between Central Asia and Persian Gulf.

The north south transport corridor connects India with Russia, Iran and Azerbaijan.

Despite the threats from US India went on with the port development at Chabahar. New Delhi felt developing the court did not amount to the violation of sanctions. Iran also has its plan to benefit from the port.

It wants India to setup a free trade zone near Chabahar just like Chinese Overseas port holding companies had agreed Pakistan to create after economic zone.

The deal

Under the agreement signed between India and Iran earlier, India is to equip and operate from Chabahar Port Phase 1 with capital investment of $85.2 Billion and annual revenue expenditure of $22.95 on 10 year lease.

According to the International Energy agency, India is set to emerge as the fastest growing fruit in the world by 2040. Washington is seeking to sell more oil and gas to India and also encouraging it to switch import from Iran to Saudi Arabia and other USA allies. But for India, next door Iran has been a major oil supplier and will remain so.

I believe Tanushree Dutta, but I don’t believe Bollywood or the Media

anonBrook
-
0
I believe Tanushree Dutta, but I don’t believe Bollywood or the Media

Recent allegation of sexual harassment on Nana Patekar by Tanushree Dutta have not evoked a reaction as it should have. Many in media, for quite some time now have been talking of when will the #MeToo moment happen in India. They are the same people who stood by Tarun Tejpal and harassed the victim using the power of the media. Today they are angry at Amitabh Bhachchan and Amir Khan for not commenting on the accusations. Mr. Bachchan sited not being privy to any details for not commenting saying he was neither Tanushree nor Nana, how can he comment. Mr. Khan on the other hand said that the allegaitions are serious and must be investigated. What else should they have said? Should they have also accused or abused Nana Patekar for doing something they have no proof of him doing? Or should they have dismissed Tanushree Dutta’s allegations, calling them lies?

Many media “stories” or Opinion Pieces have also somehow brought in the allegations on United States’ Judge Brett Kavanaugh. I fail to see how that is relevant or in any way connected to the extremely disturbing allegations made by Ms. Dutta. I do not understand this inexplicable need to see everything in India and Indian society by comparing it with USA or Europe. Looking at Indian issues through USA or Europe helps nobody. No regular person on the streets cares for who is going to be Chief Justice of US Supreme Court, though he may care about how India treats sexual harassment.

Many in general public through Social Media have questioned why Ms. Dutta suddenly after ten years is remembering this, and coming out now. Some have also brought up issue of fake allegations and cited example of the ‘Dangal’ actress Zaira Wasim who got an innocent man arrested under POCSO. But one must also understand that it is difficult to come out and raise allegations due to trauma, fear of societal reaction and many psychological issues.

And simply because another person lied or that statistically speaking more than 50% of such allegation are false doesn’t mean that the current allegation is also untrue. After all, truth does not depend on the statistical likeliness of a statement being true but on the facts of incident. Hence, such allegations must be taken seriously whenever they are raised. It is also to be remembered that Ms. Dutta had actually raised these allegations at the time that she claims to have been sexually harassed she had complained to Cine and Television Artistes Association (CINTAA) demanding compensation for damage to her property and reputation after she was fired from the film.

I don’t expect anything of substance from a fraternity that came in support of Sanjay Dutt, a convicted criminal and an industry that supports Salman Khan, another convicted criminal, who was accused of domestic violence and also of homicide. Aishwarya Rai Bachchan is the daughter-in-law of Amitabh Bachchan and what has he done about Salman Khan allegedly assaulting her? And media demands and expects him to be vocal about allegations by Tanushree Dutta?

I also don’t expect anything from a corrupt media that is pontificating today but was actively supporting Tarun Tejpal. The same media that today claims to stand by Tanushree Dutta, was siding with the harasser instead of the victim- a journalist- in the NBSA hearing just recently.

However, what I don’t understand is what the end goal here is. Let’s say I believe Ms. Dutta. I believe her, despite not knowing her or anything about her. I believe her, without any proof, that a man sexually harassed her. And let’s say just like me everybody who heard her believes her. What now? What does it change? Have we made any progress in this case? What does Ms. Dutta want us to do about the allegations she has made?

I am not asking these questions to demoralize her nor am I trying to defend Nana Patekar. After all they are both equally unknown to me. By publicly raising these allegations she, a stranger, is asking us to believe her word when she accuses Mr. Patekar, another stranger. A stranger is asking us to ruin the life and reputation of another stranger. Should we do it simply because she accused him and we feel sorry for her? And that is why I ask what is going to happen by ranting and complaining on TV, on Social Media, to journalists? Do you want Nana Patekar to suffer the consequences as he should or not? If yes, file a police complaint. Let there be an investigation and have him be prosecuted under relevant sections of Indian Penal Code.

If a crime has been committed there has to be punishment as per law, punishment in form of loss of reputation and livelihood is unacceptable if the crime cannot be proven. A civilized society that believes in justice has to believe in the “presumption of innocence until proven guilty”. Hence, Ms. Dutta, you have my sympathy but not my belief. That does not mean that I think you are lying but that I don’t know what the truth is. So, until an investigation finds Nana Patekar guilty, do not expect us or even the film industry- as immoral and hypocritical as it may be- to boycott him. Until he is proven to be guilty, you can only expect our sympathy and moral support, if it means anything all.

Those who want to see these allegations as India’s #MeToo moment are deeply mistaken about it being something good and something to be replicated. Whether a person is guilty or not, whether they should be punished or not and how they should be punished can not depend on public opinion. It cannot depend on whether some people with some authority of hiring and firing support the accuser or accused. Guilt has to be established by full, proper and fair investigation followed by prosecution and punishment if found guilty.

The #MeToo movement is nothing more than people being fired because the public outraged when somebody said something which may or may not be true. This is not justice. This is the opposite of justice. People are punished for being accused and are denied due process. What happens when a victim comes forward and media doesn’t cover it as extensively or public doesn’t outrage as much because fatigue has set in due to constant outrage? Should the guilty go scott free because the public is too tired to outrage?

Let us also consider what happens to those who are punished by #MeToo outrage. Louis C.K., for example, was accused of horrifying sexual misconduct by multiple women last year, which he admitted as being true but he has started performing again this year. Was he jailed or punished in anyway? Were there legal consequences? But Public Intellectuals and feminists in India want to emulate #MeToo? Why?

The lying dynast

S Ranganathan
-
0
The lying dynast

Plenty of lies can be found in literature, mythology, in our daily life and of course in politics.  The conflict of existence versus ethics, only the existence matters to people and that is why we find plenty of lies and lies outscore truth both in our personal and public life.

The debate is not about lie or it should be accepted or we should prevail upon truth and truth alone should be spoken.  We are morally and culturally bound to look at the implications of our lies and how it can impact the future of our society.  Lies at the imaginative fallacy level shall entertain people while the lies in politics most often favour electoral victory.

But the lies that betray the internal security of own country or that can affect the relationship between two nations cannot be treated as existential lie. Such lies should not be believed at the same time such liars must be identified, sorted, isolated and made powerless and such onus of responsibility definitely rest with people of India.

The dynast has proved to be a congenital, compulsive, malicious, pernicious, unconscionable, damned liar. Just for his political survival, he has breached all ethics and values and is targeting not only the Prime Minister, but targets and tarnish the internal security and image of India, and even the army of India.

Ironically he could also find a partner in France, the former Premier of France to twist, distort and truncate the truth to make the dynast, a big liar. The former Premier of France is also appeared to have no concern for own country but wants some prime time space in world media after he demit the office.

The recent political engagement of the dynast over Rafale deal points towards yet another truth that the dynast is a pathological liar.  Besides the dynast being a congenital, compulsive, malicious, pernicious, unconscionable and damned liar, he also appeared to suffer from the disease of lying.

Trust is inevitable for our life. That is why knowing fully well about the possible existence of lie in different form, shape and size; we still trust ’lies’ consciously and move forward.  People who speak lies alone are also tolerated and accepted. But lie harming the basic values and doctrines of human existence and the very existence of own country cannot be accepted nor can be nomenclature such an attempt as part of politics.

The major corruption cases and the investigating agencies

sudip47
-
0
The major corruption cases and the investigating agencies

Senior Bharatiya Janata Party (BJP) leader Subramanian Swamy blamed the Central Bureau of Investigation (CBI), India, for the delay in action in some major cases of corruption by the agency including the Aircel-Maxis, National Herald, and Robert Vadra cases. In a letter to the Prime Minister Narendra Modi, Swamy listed these cases and referred to inaction by the CBI for the past several months. The list includes also Nalini Chidambaram and Sarada scam and Chopper scam. Mention may be made of the following four cases where also no adequate progress has been made: Coalgate scam, Railwaygate scam, Tatra truck scam, 2G spectrum:

The BJP leader was for many months also unhappy with a senior Finance Ministry official for slowing down or diluting the cases against P Chidambaram and his family under Black Money Act and Benami Act. As per PGURUS (27/09), Swamy has now written to the Finance Minister, seeking sanction for Prosecution of Hasmukh Adhia, Revenue Secretary under Cr PC Section 197 and Section 19 Prevention of Corruption Act. He has been accused of having a nexus with Nirav Modi.

Govt has not been acting into these allegations. This is very surprising indeed. In the meantime, the rift at the top in India’s leading investigative agency is out in the open with reports of a fallout between the Central Bureau of Investigation (CBI) director Alok Verma and special director Rakesh Asthana. The latter had approached the government with a note saying the agency’s director Alok Verma was interfering in probes undertaken by him.

As special director, second in command at the CBI, Asthana oversees several high-profile investigations, including those into fugitive billionaire Vijay Mallya, the Agusta Westland corruption scandal, former finance minister P. Chidambaram’s son Karti in the INX Media case, and the land dealings in Rajasthan of a company belonging to Robert Vadra.

The rivalry between the two factions, each with its own well-wishers in other investigating and intelligence agencies, government departments and political circles, has intensified to such an extent that it is casting a shadow on investigations and the image of the CBI.

Enforcement Directorate (ED) officials say that Asthana’s role needs to be probed on account of his name figuring in a diary recovered during an income tax search on the premises of the Gujarat-based Sandesara Group. The matter is currently being probed by the ED, CBI and Income Tax Department. But, ED is also reportedly afflicted by similar infighting

However, bureaucratic circles are abuzz with news of the ED widening the scope of the ongoing probe against journalist Upendra Rai. The cold war wind within the bureaucracy is likely to return soon as inquiries revealed that the ED’s investigation has reportedly established Rai’s linkages with over 200 IAS officers, 150 IPS officers and 115 IRS officers. As mentioned, there are already allegations against some bureaucrats for hindering CBI investigations. So, there may be some relevance in these enquiries.

The matter has been brewing since July when the government said it would not interfere in ongoing tussle, in view of the autonomy of the premier investigating agency. But such a state of affairs can’t be allowed to continue in bureaucracy ED and CBI, as this is probably affecting their functioning particularly in pursuing properly the aforesaid important criminal cases. Manning the organization with suitable. personnel or transferring/removing of officials remains the responsibility of the parent ministry and this does not in any way impair CBI’s autonomy. Therefore, it is high time govt. intervene and take appropriate measures.

Finally, there has already been considerable delay in proceedings of the above cases. Supreme Court (SC) should bring these cases under fast track courts for early resolution. Alternatively, SC monitoring of trial could be a solution.

My response to Justice Katju’s article that was not published by DailyO

Fayaz Ganie
-
0
My response to Justice Katju’s article that was not published by DailyO

On 15th of September, Markanday Katju’s article entitled, Why India Doesn’t Need a New Charter of Freedom was published by DailyO, online news portal of India Today Group. I responded to the article which was published through the same portal on 18th of September 2018. Here is my response.

To this, Mr. Katju riposted and was carried on the portal on the same day. To this, again I continued with a response but this time my response was not carried by DailyO, which left a very important discussion incomplete and which was not fair to give space to one and deny that to the other side of the same story.

As such, I am reproducing my unpublished response to Mr. Katju’s article below to restart this important discussion. Hope this is carried by the OpIndia on its main website so that the discussion is carried forward to arrive at a consensus.

When ramblings, or rambling dissertation, make the worthy Ex-Justice of the Supreme Court of the largest democracy in the world to respond, or riposte to put it in his words, means the ramblings are not so much confused, I personally scorn to respond to ramblings of any sort.

Anyway, it is a dangerous assertion to make that India, or majority of them are not bothered about civil liberties, it is equivalent to putting the Indian masses with the people of dark ages. Liberties, and civil liberties are the basic and fundamental things which the people of all nations strive to get and Indian people are no exception to the rule. Whether I have been able to provide the cogent response to the assertion of Mr. Katju or not but the rule remains unchanged.

The question which Mr. Katju has posed is intentionally quite valid; a man who is hungry, unemployed or homeless remains engrossed with the ways about how to come out of those hardships and is hardly able to give a thought to civil liberties and other freedoms. But, it is not that the person never wants civil liberties, it is only that these liberties are given secondary importance and consideration.

The first importance, and rightly so, is given to survival and then comes the question of honorable and sustainable existence. Governments, especially democratic governments, have a simultaneous role in the both.

To his question I may put a counter question; does he mean that give a hungry man food, unemployed man a job, and homeless man a home, and your responsibility as a government and governments institution ends? Are the government and the institutions, not duty bound to provide these things and civil liberties simultaneously?

Who would refuse to the fact that poverty has destructive effect on all rights and freedoms and who is not aware about the prolific unemployment, status of poverty and unending distress of farmers alongwith the poor state of health care, education and other human development parameters. These are the impediments which prevent the people in distress to care less about civil liberties and freedoms. But, we cannot take away our sight from the fact that poverty since the adoption of liberal democracy has been reduced appreciably, state of education is comparatively better and other parameters have also improved.

When Mr. Katju states, “unless we can find a way of annihilating all of the problems sated above, all talk of a ‘Charter of Freedom’ sounds hollow” is not it equivalent of saying that the fathers of Indian constitution should have delayed the inclusion of Fundamental Rights in the constitution unless the problems of poverty, malnutrition, homelessness and others were taken care of. In that sense there should be no fundamental rights in the constitution even today for the assertion that many people do not have food, shelter and employment!

True, “necessitous men are not free men. People who are hungry or out of a job are the stuff of which dictatorships are made” (F. Roosevelt). This fact makes the New Charter of Freedom for India even more imperative where proving jobs, feeding the hungry and homes for homeless should be the utmost priority. In fact, these are part of freedom and liberties; freedom should include provision of food, shelter and jobs to people in a civilized world.

How can we call talk of freedom in a poor country, or for that matter in any country, a cruel joke if all the requirements about how the people can be free from poverty are taken care of in the tale? If new Charter of Freedom includes ways and means to end poverty more vigorously is that charter not the necessity which the India of today should strive to get enacted.

Considering the geographical and demographic diversities of India the best form of government that can rule the country is the parliamentary system. If this is not the case I am sure Mr. Katju would have not remained an integral part of this system for the entire period of his active service. He knows the merits of this system of government better than anybody else.

About the faults they are there and they creep in when institutions and people holding important posts in this system fail to perform their roles and duties well. Appeasing and appealing to caste and communal forces is a deviation which has been introduced in the system by the dereliction of the people and institutions holding important positions in the parliamentary system of governance. With these people and institutions, underperforming and avoiding their duties, if any other form of governance is adopted in India the faults will remain and the role of caste and communal forces will still be there. The need is to correct the wrongs, and uproot the entrenched practices & malformed habits.
About the test that Mr. Katju has mentioned I would like to share a story.

I belong to a middle class family. Every day, during my childhood days, number of people would visit to our family for a cup or two of Namkeen and tea. Today, nobody of those families visits us for that purpose and I would love to invite Mr. Katju to their families. He surely would be ecstatic to see the variety of biscuits that the families will bring for him. Their homes too are now of good standard and good standard. Isn’t this the proof that living standard of lot of people has been improved? No doubt that lot of work is still to be done but we can’t shut our eyes to the contributions that have been made by the parliamentary form of government.

To ease out the life of majority of people in distress in the country the best alternative is the New Charter of Freedom which should necessarily include the provision of food, jobs and homes as the first priority and with simultaneous freedoms and liberties.

Finally, I would like to end this by stating that my response is in no way for the sake of criticism only. If Mr. Katju wants food, jobs and homes for people I second that but simultaneous there should be freedoms and liberties for the people and New Charter of the Freedom can take care of that. Let me reiterate that not only congress but the entire should press to get that and Mr Katju can become an important force for making that a reality for India.

Sabarimalai and other rulings: striking a political balance at the cost of Hindus sentiments?

Krishna Baalu Iyer
-
0

The Supreme Court of India’s five recent rulings (Aadhar, Adultery, Ayodhya, Gay Sex, and Sabarimala ) has political connotations. However, it is amusing to note that 4 out of these 5 rulings, would satisfy the leftists and liberal media. The one that has apparently gone against them, may have electoral repercussions. No qualms from either side. And there was ruling on ‘urban naxals’ arrest too, so one can say that the ‘balance’ is 4-2.

The Supreme Court ruling on Sabarimala issue has been much discussed. But here it is crucial to recollect what the same court said about ‘Mosques”. The SC observed that ‘what is not part of Koran or Islam, cannot be legitimised through a court ruling’. So, now we Hindus wonder, why the same thought cannot be applied reasonably in Sabarimala case too? So far as Hindus faith is concerned if the same ‘Mosque’ parallel is applied then ‘what belief is part of Hindu scriptures, cannot be undone by a court ruling’.

The first couple of opening paragraphs from judgement on adultery issue would certainly confuse all of us. The Hon’ble Supreme Court has nicely expressed the subtlety of the issue of the woman’s liberty’, particularly sexual freedom’

The Supreme Court on Sec.497

“Any system treating a woman with indignity, inequity and inequality or discrimination invites the wrath of the Constitution”

“Any provision that might have, a few decades back, got the stamp of serene approval may have to meet its epitaph with the efflux of time and growing constitutional precepts and progressive perception“

But it appears the Hon’ble Supreme Court has gone overboard and exaggerated the ‘freedom of woman’s issue is concerned. It implies that every married woman should and must have unfettered freedom to her sexual promiscuity? While only a fraction, a minuscule fraction of married women indulge in adultery, but the SC observation implies as if it is a clarion call for all the married woman in general to liberate themselves from the bond of marriage?

The Adultery is in Clash with Divorce Law’s of India

The Supreme Court unmindfully ignored another aspect of legal consequences. The act of ‘adultery’ is one of the main grounds for Divorce.  The divorce laws are not common for an Indian woman in general but differ for a Hindu Woman, a Muslim woman and a Christian woman.

The institution of ‘Marriage’ would be destroyed

If this Judgment is implemented then the mute question would be, ‘what is the tenacity of ‘marriage’ in the first place. What is the ultimate objective of a ‘marriage’, if a wife can legally indulge in adultery, and a Hubby can go on cheating his wife uninterrupted by ‘law’? The whole meaning of sacred Vedic marriage would be redundant. The whole concept of ‘Saptapadhi’ goes for a toss.

Judicial activism

What is Judicial activism? When Sec. 377 was being interpreted and critically looked into by the Supreme Court Bench headed by CJ Deepak Mishra, the media did not cry foul dubbing it as ‘interference’ and “unreasonable Judicial activism”, in their usual senses but gleefully accepted and celebrated the verdict, overlooking the well built up boundaries, that ‘the Judges are not to trespass into the lawns of the Parliament’?

But for some obvious reason, the media and the so-called Left lenient Intelligencia have deliberately ignored this aspect probably for the reason that since things have started falling exactly in the places marked by “them”. This is just the ‘media’s mind game’ and that is yielding results too. Even when their ideology is sitting in opposition benches, they still can win.

Today the Supreme Court has become a ‘legislature’ ‘suo motu’. The next question would be who is powerful today? CJ Dipak Misra or PM Modi? The Supreme Court’s judicial activism would “go in a long way” and may establish a very undemocratic precedent in our Democracy.

LGBT is one burning issue where the Right and the Left came together and had a unanimous consensus. They then jointly named it as ‘Love’. The other ‘dissent’ voice was never even heard. Some say it was heard but was not audible enough. Quite tricky! We all accept the fact unanimously that ‘criminalising’ it is a bit too much, but under this disguise legitimising the very same sex relationship itself, is audacious. This is almost like a one-sided match, with Umpires, referees, adjudicators, sponsors, organizers all joining the winning team.

Due to this outrageous dominance of the followers, the right-wing intelligentsia was also stepping along with the Leftists, Liberals, the anti-Hindu Abrahamic lewd crowd in the MSM as well on Social Media racing in competition, supporting the ‘Gay rights’, ignoring the very popular morality, which would fall under the category of ‘majoritarianism’ in breach of the spirit of our Constitution.

How did a fistful of Journos succeed in impacting the minds of our “learned elite” and for what ‘purpose’? And please note, as I repeatedly mention, that the Judges at the outset make some significant remarks countering the arguments of the Lawyers. So this time again, Hon’ble Justice CJI Dipak Mishra’s comment saying that  “Majoritarian views and popular morality cannot dictate constitutional right’.

The ‘lobby groups” in our society and media world are always alert and working relentlessly through PILs to achieve their goals. The PILs have almost turned our Judiciary into a Legislator. Some common and ordinary but churned out phrases like gender equality, Intolerance, bigotry, love, freedom, privacy etc have become tools in their hands to shoot in the court halls, to abuse the very system, and converting into their pets. (Thanks to the CJI next Justice Ranjan Gogoi, reminded Prashant Bhushan, that PILs are meant for the poor, implying that it’s not meant for foreign-funded pressure and lobby groups, who are misusing our liberal judiciary to their advantage)

This is called ‘mind game’, a very powerful Psychological bullying tool. Right from young Gurmehar Kaur to elder Kamal Haasan and many others are aware of this pleasant truth, that if they speak a kind of dissent in a kind of language, they will get maximum publicity, coverage, stipend, scholarships, promotions and perks. On the other hand, if any young college student like Gurmehar Kaur had spoken in a language of RSS, she would have been ignored or would have been trolled badly and stamped as a communal by the Left groups.

The media’s shakedown is working and yielding fruits too. The media can tactfully intimidate any system to turn its upshot smiling towards them.

Hon’ble Chief Justice Deepak Mishra has a strong mind but a big heart. This is how our liberal souls described the CJ n appreciation after the verdict. My view is contrary to this ‘purportedly coloured view’. Why can’t he be the opposite? After all, Judges are humans too.

This hypothesis was accepted and compromised with, and as a result, the inevitable is happening in India right now. The Maoists, Urban Naxals, Christian Missionaries, Islamist outfits, Biblical bigots, Left-liberals, liberal mainstream media, are all increasingly running restless and joining hands forming a powerful ‘lobby group’ with a common agenda in mind, that is ‘defeat Modi’.

Then there must be a common animosity among them, for choosing their “common enemy” that is “Modi”. That animosity is a pure religious bigotry. That is the “hatred for Hindus and Hinduism’. Modi is not only standing with Hindus and Hinduism but also along with other non-Hindus equally. But he is also clipping the unlawful activities of the so-called ‘minority groups’. As a result the conversion business is down, the media is now secular enough to question the raping Christian Fathers, indulging Nuns, protecting Churches, questioning the criminal confessions in Churches, ending the ‘triple talaq’, almost ending the Islamic Terrorism, communal clashes, sectarian clashes among Muslims and many many so they are all ‘worried” about their ‘future.’

But the irony part of it is the lobby group is succeeding in their dreams under the very nose of this dubious “Right Wing” government. This Government is hearing this ‘invisible transition’ that is taking place by their ears but eyes closed and hands tied due to election fears. What the BJP was accusing the Congress of ‘minority’ quenching and succumbing to ‘Left lenient media’s mind games when UPA was ruling, the same protocol is being followed by the BJP in power now, facilitating the Congress to question the BJP in the same fashion.

After the resolute ruling on Yakub Memon hanging, Justice Dipak Mishra had received even death threats. Yet, he stood for the Justice and Indian Constitution. However, this is not all the reality. Repudiation is the cause of most miseries. Later CJ Dipak Mishra had encountered a shocking uprise within the Supreme Court.

On 12th January 2018, Justice Chelameswar (Rtd) had stained the face of the Bharat Mata like an Ink attack and shocked the nation into disbelief. Though initially, it appeared as if CJ Dipak Misra withstood this sudden barrage, it had its own sway. The nation then witnessed a leftist leader, a violent trade union mark, entering the residence of the Justice Chelameswar and having a chat with the Judge. Everything slowly started turning thereafter.

“Those who please all, please none“?

Chief Justice Dipak Mishra with his latest verdict on the issue of ‘Woman’s entry into Sabarimala’, allowing women’s entry into the temple, has knocked down all the bullying liberal media, leftists, RSS, BJP, Shah and Modi with 4-1 ruling and seems to tell all that out of 5 major cases, one for Right Wing, rest is for Leftists, striking an imperfect balance. Yet the BJP RSS has to go in silence mode. This is inevitable in this election year.

After retirement, the Chief Justice of India Dipak Mishra will be hailed by our Leftist Media as the upholder of women’s rights, equality and slayer of Religious bigotry. There will be seminars all over India organised by the Leftists, Maoists, Islamic Terrorists, Christian Missionaries and name, fame and fortunes that follows. The break India always breaks India. No one can stop them. Not even BJP, RSS, Shah, or Modi.

Recent Supreme Court judgement on Ayodhya is welcome, but there are questions on others

G Indira
-
0
Recent Supreme Court judgement on Ayodhya is welcome, but there are questions on others

The Supreme Court CJI (Chief Justice of India), Deepak Mishra at the fag-end of his career delivered three-historic yet controversial verdicts, making him remember in the annals of Indian history forever to come.  The -1994-Ayodhya- mosque case, whether the mosque is mandated by the community for prayer or not, was over-ruled paving the way for an uninterrupted and unmitigated arguments on the title suit.

As is in the case of eminent domain Law, that is practised in other progressive western countries, Indian government has also every right to acquire the land of Ayodhya disputed site. Now the road is smoothened for arguments in the case of temple issue, the age-old dispute may be resolved hopefully before the 2019 parliamentary elections. That will give relief for the government and the people to work towards day-to-day issues of progress and development.

The judgement on -Section 497 of IPC– ‘Adultery no longer a criminal offence’ is a bit worrisome. It indicates that we are moving towards westernisation of India. I agree that a part of modern India is westernised but not the whole India in its entirety. The judges have made the section 497 from criminal to civil offence. Criminal is more coercive they might have thought in their wisdom as is in the case of section 377 of IPC (i.e LGBT rights).

As per all religions, Adultery is a sin. Marriage stands on edifice of faith between the married couple. Indian ethos is for ‘self-control or self-restraint’ not for ‘self-gratification or self-indulgence’. The courts go by the egalitarian principle of gender-justice. They are of the view that the Indian man treats his wife as “chattel” i.e his property like any other object. As a matter of fact, on the contrary, it is true of a woman also. A wife doesn’t permit her husband to do adultery or to have any illicit-relationships. She has law on her side to control.

Now with this judgement both are not bound by any restrictions to have adulterous relationships. That means we are moving into an open-society! The judges went by the syntax of law in imparting equality of gender, rather than the spirit of the country where marriage is sacrosanct. Now it has become a flimsy contract. Even in the case of Sabarimala Aiyyappa temple their stand was the same- ‘gender equality’.

However, Indians go by more of conventions than the laws made. A Law works only as a deterrent and a recourse when controversies arise. The resilience of Indian people that has survived their customs, practises and traditions from time to time though there were onslaughts on them will hopefully remain after these changes also, is the belief of many.

The dissent judgement is found to be more interesting in the Sabarimala case than the assent. I would go by what Indu Malhotra, the woman-Judge and what she had to say on the Sabarimalla in her dissent-judgement. She says: “Issues of deep religious sentiments should not be ordinarily be interfered by the court. The Sabarimala shrine and the deity are protected by Article 25 of the Constitution of India and the religious practices cannot be solely tested on the basis of Article 14.”

“Notions of rationality cannot be invoked in matters of religion,” said Justice Malhotra, adding: “What constitutes essential religious practice is for the religious community to decide, not for the court. India is a diverse country. Constitutional morality would allow all to practise their beliefs. The court should not interfere unless if there is any aggrieved person from that section or religion.”

“Present judgment won’t be limited to Sabarimala, it will have wide ramifications. Issues of deep religious sentiments shouldn’t be ordinarily interfered into,” said Justice Malhotra further.

She also said that “Religious practices can’t solely be tested on the basis of the right to equality. It’s up to the worshippers, not the court to decide what’s religion’s essential practice.”

In the sensitive matter of Sabarimalla, the government of the day should have taken the referendum of Hindu women, at least, online rather than to be decided by the Apex Court.

Aadhar verdict– One more feather to the crown of PM Modi to build New India

S Ranganathan
-
0
Aadhar verdict– One more feather to the crown of PM Modi to build New India

Supreme Court granting constitutional validity for Aadhar comes as proof to the vision, mission and exemplary governance character of the Prime Minister Narendra Modi. Aadhar has ensured the benefit of various schemes of the government to the needy than the middleman leaching all such benefits that was happening during congress regime.

The above grand victory of the Modi government has shocked the opposition. Now the opposition are overworking on the comments of one of the judges DY Chandrachood that Aadhar bill is constitutionally invalid because it was passed as money bill.

The point of larger debate should be not about whether it was passed as money bill or not but whether the intent and purpose of Aadhar deserve constitutional status or not and finally the SC has granted constitutional validity to Aadhar.

We must understand how politics is being played out by several opposition parties for their own existence without caring the interest of our nation. The best example is the street cry of the dynast over Rafale jeopardising the internal security of our nation. The opposition stalling the upper house to block all wonderful initiatives of PM Modi from getting implemented is well known. The best example is Triple Talaq.

Every Muslim woman must remember how the congress party has behaved in Parliament with reference to Triple talaq, when they vote the next government in 2019.

Sometime to meet the good intent, short cuts need to be adopted.  When the constitutionally elected members of the upper house fail to discharge their duty to the nation and act more in partisan manner, the government has the responsibility to offer good governance, develop the country and achieve sab ka vikas therefore government must scuttle the procedure and must implement new schemes.  Such acts must be seen as necessary evil to safe guard the interest of the nation.    Even Lord Ram has to adopt such method to deal Vali, the brother of Sugriva.

Technically the intent, meaning, definition and purpose, the Aadhar bill will not lose because it was passed as money bill. That is why majority judges overthrew the dissent of the single judge and granted constitutional status to Aadhar.

Aadhar verdict has proven that Government has the right and legitimacy to introduce various schemes and initiatives and based on the larger interest and hence the court must facilitate and support the government. Whether the bill was passed as money bill or otherwise must not be seen technically alone, the politics played by the irresponsible opposition parties also must be seen while passing judgment.

The reflex response is autonomous and independent and does not take the command of brain. The reflex is must for spontaneous safety. Sometime some actions must be taken as necessary evil in larger interest.  So people of India do not see nullifying the power of unelected to offer good governance.

Governance and administration should not be seen as mere text book application of the contents but it must include the larger interest of the nation. Therefore the incumbent government has applied the larger interest of the society through Aadhar bill which was disrupted by the elected members irresponsibly. To achieve the larger interest of the society and also due to plenty of technical aspects, the bill was passed as money bill.

The constitutional validity granted by SC to Aadhar bill should not be trivialized as it was questioned by a single judge.  In democracy dissent is allowed however the view of majority shall prevail.

BJP only brought clear direction, definition and meaning to Aadhar and the congress was totally clueless about aadhar, although the concept was initiated by them.

When the world appreciates PM Modi for Aadhar and how it ensures poor people from various schemes of the Government, congress is finding it difficult to digest. Instead of being magnanimous to appreciate and work with PM Modi they are making frivolous criticism and raking up unnecessary comments to deflect the attention.

The constitutional status granted to Aadhar by SC is like yet another feather to the crown of PM Modi. People of India should recognize the fact that India is passing through a transition phase therefore they must ensure the continuation of the same government in 2019 and beyond and India should not be given to those on bail.

Development and sab ka vikas should be agenda and this Modi government alone can achieve the above.

1...676677678...889Page 677 of 889