Why I am a Hindu: an Utterly Disappointing Book

I have finished reading ‘Why I am a Hindu’, by Shashi Tharoor, a Parliamentarian and an author. Frankly speaking, I am highly disappointed with his superficial and skewed understanding of Hinduism. The book is divided into three parts: My Hinduism, Political Hinduism and Taking Back Hinduism. The first part deals with the general concept of Hinduism. One must appreciate his description of certain Indian philosophies in anecdotal style in succinct English. It gives the bird’s eye view of the Hinduism, Jainism, and Buddhism and also about the reformist movements of the 18th and 19th century.

But in the second part of the book, the writer has become diabolic against Hindus. The book nauseates with the writer’s abhorrence towards Hindu faithful. His acid-tempered description denounces and denigrates Hinduism. The title of this book should have been ‘Why I am a Hindu’ with a big question mark. He says that he is a Hindu but he does not believe in a Hinduism which is assertive or even assimilative. He likes to be the flock of that Hinduism, which suffers in silence, remains docile and is totally enfeebled. He has tried to be an apologist of the Muslim rule in India which spanned for almost 800 years. Mr Tharoor has seen all good qualities in the Muslim rulers with the microscope and has justified even their oppressions, plunders and pillages, cussed insensitivities and even most backward thinking. On the other hand, he has portrayed Hindus to be intolerant, who had to bear the brunt of exploitation and forcible conversions, whose properties were looted, women’s were abducted and raped, and men were maimed.

Very strange that he condemns the Gau Rakshaks but has not found anything wrong with the stone palters or even Christian Missionaries, who have been adopting all frauds and inducements for proselytization of Hindus. If Hindus had been so intolerant, how come the population of Muslims in the Indian subcontinent has grown up from few hundred nearly a thousand years ago to more than fifty crores today? He has all dislikes for any resistance put up by Hindus but turns blind’s eyes towards those who have been part of perpetrating crimes and terror.

The second and third part of the book is against the Hindu revivalism or anything that goes in the name of Hinduism. The book certainly serves his purpose of the mounting attack on the Bhartiya Janta Party, which is ruling over the Centre and most of the states of India. His antipathy and opposition to the BJP and RSS is understandable but why a simple devout Hindu should be beaten with the same club or stick? Hindu has always been eclectic, tolerant and the philosophy and metaphysics of Hinduism are unparallel. The only bane of Hinduism is the caste system, which has otherwise become redundant but is kept alive by the politicians for votes but here Mr Tharoor is silent because it does not fit in his scheme of things. What an irony that he is using Hinduism to condemn Hindus and their religion. The book may serve his political purpose but otherwise, it has cypher value as far as the religion is concerned.

Child Protection Laws Must be Translated into Reality

There are Acts and laws galore for the welfare and holistic development of children but most of them remain unimplemented, be it Prevention of Child Labour Act, Juvenile Justice (Care and Protection) Act or Right of Children to Free and Compulsory Education Act. That is why; the Supreme Court of India taken to task the Central Government as well as the State Governments for not properly implementing those Acts. A child is the father of the man (woman as well), said William Wordsworth in his famous poem ‘My heart leaps up’. Children are the future assets of the country and any country which does not pay proper attention for the protection and growth of the physical and mental faculties of the children is bound to suffer in the long run.

Child, as defined under various Acts, 'is a person who has not completed fourteen years of age’, in certain acts this limit is sixteen years. A child of such a tender age is expected to play and study and be carefree about his or her life. But as a matter of fact, expectations hardly meet reality. Children by work or by force are employed to work in the harsh conditions and atmosphere which become a threat to their life. Such children mostly remain underdeveloped, their mental and physical development also remains incomplete. The Supreme Court has asked various governments what citizen can do if the state pays no attention to his and her fundamental or human statutory rights, nor takes the serious interest in fulfilling constitutional obligations. What if the citizen is a voiceless child or someone whose voice cannot be heard over the din of governance?

No one has any doubt that it is time for the State to strongly and proactively acknowledge that even children in our country have fundamental rights and human rights and they need to be enforced equally strongly. In 2015, the issue of strengthening the juvenile justice system was discussed at the Chief Justices’ Conference wherein it was resolved that High Courts shall continue to take all steps necessary, including evolving ways to ensure greater sensitivity, to effectively deal with cases in the field of Juvenile Justice in their respective States. The High Courts should ensure that constitution of Juvenile Justice Boards and Child Welfare Committees are in place, that visits are regularly made to the Juvenile Homes, Special Homes, Observation Homes, Shelter Homes and Rescue Centres etc. and that such homes are set up wherever they have not already been set up. It shall also be ensured that the requisite facilities are provided as per the Standards, Rules, Policies and Guidelines in all such Homes/Centres.

Notwithstanding nudging by the judiciary, judicial ‘activism’ and criticism of it, over the last decade or so, State Governments and Union Territories have not fully complied with the provisions of a law solemnly enacted by Parliament for the benefit of children. In many instances, only cosmetic changes have been introduced at the ground level with the result that voiceless children continue to be subjects of official apathy. The overall picture relating to the recognition of the rights of children and their realization is far from satisfactory and remains gloomy as we continue to trudge along the long and winding road.

The Supreme Court in Sampurna Behura v. Union of India and others has now again said that the State Governments have miserably failed to implement even already enacted laws like the establishment of Child Welfare Committees, Juvenile Justice Boards, Special Juvenile Police Units, establishment of appropriate Homes for children in need of care and protection, improving the living conditions of juveniles in conflict with law, medical facilities for children in the custody of the State and several other human rights issues.

In Sheela Barse II v. Union of India the Supreme Court has said that the nation‘s children are a supremely important asset. Their nurture and solicitude are our responsibility. Children‘s programmes should find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skill and motivations needed by society. The Court has emphasized that Juvenile Courts should be set up in each district and there must be a special cadre of Magistrates who are suitably trained for dealing with cases against children.

Child-related laws enacted by Parliament provide for two extremely important policy and decision-making institutions in respect of children and child rights, namely the NCPCR (National Commission for Protection of Child Rights) and the SCPCR (State Commission for Protection of Child Rights. It will be seen from the above that both the NCPCR and the SCPCR have a range and variety of functions to perform and each one of them entails a great deal of responsibility. The court has ordered that the absence of any clear-cut guidelines on who should be appointed to these two bodies, the State Governments have found an easy way out by appointing Government officials only and leaving out members of civil society. The selection of social workers as members of the JJB should be based on their experience - practical and professional. There is, therefore, a heavy responsibility on the social workers to make a meaningful contribution during the course of an enquiry and also at the time of its disposition.

The Supreme Court has underlined the use of technology is extremely important not only for the effective functioning of the JJBs and CWCs, but also to deal with issues that would arise from time to time concerning the tracing and tracking of missing children, the rescue of children working in hazardous industries, trafficked children, children who leave the Child Care Institutions, victims of child sexual abuse and follow-up action, among several other requirements. It is well-known that our country is a technological power-house and if we are unable to take advantage of the resources available with us and fully utilize the benefits of technology through computers and the internet for the benefit of children, our status as a technological power-house would be in jeopardy and would remain only on paper.

With regard to the Police generally, it was noted that due to the policy of rotation, it often happens that soon after a police officer completes his or her training that officer is transferred out to another department. This is a waste of effort and one of the ways of resolving problems arising out of transfers is for every State Police Academy to conduct regular training programmes under the guidance of senior police officials of the State and for the State Government to optimally utilize the services of its officers.

There is a lot to be said with regard to Child Care Institutions. Many of them are housed in run-down buildings and are hardly conducive to comfortable living even to a minimum degree. State Governments must appreciate that they are not doing any charity by putting up children in Child Care Institutions – they are merely performing their statutory and constitutional obligations. There is, therefore, an urgent need to make an evaluation and assessment of all the Child Care Institutions in every State to ascertain their condition, the infrastructure requirements and staffing requirements. The obligation of society is to provide solace and comfort to these children and adherence to the minimum standards of care.   

The Supreme Court passed certain instructions to be followed by the Central as well as State governments like; the Ministry of Women and Child Development in the Government of India and the State Governments should ensure that all positions in the NCPCR and the SCPRs are filled up well in time and adequate staff is provided to these statutory bodies so that they can function effectively and meaningfully for the benefit of the children. They should take their duties, functions and responsibilities with great earnestness keeping in mind the faith reposed in them by Parliament. A position in these statutory institutions is not a sinecure. These bodies have a very significant and proactive role to play in improving the lives of children across the country.  The State level Child Protection Societies and the District level Child Protection Units have an enormous responsibility in ensuring that the JJ Act is effectively implemented and Child Care Institutions are managed and maintained in a manner that is conducive to the well being of children in all respects including nutrition, education, medical benefits, skill development and general living conditions. These two bodies would be well advised to take the assistance of NGOs and civil society to ensure that the JJ Act serves the purpose for which it is enacted by Parliament.

Since the involvement of the State Governments and the Union Territories is critical to child rights and the effective implementation of the JJ Act, it would be appropriate if each High Court and the Juvenile Justice Committee of each High Court continue its proactive role in the welfare of children in their State.

Delayed Justice – Sad Reflection on the System

        ‘Justice delayed is justice denied’ is such an oft-repeated maxim as it has lost its impact on the common litigants in India. There is no gainsaying that the rule of law cannot exist without effective judicial system, which is capable of enforcing rights in a timely manner that inspires the public confidence in the administration of justice. For the law to govern, the system through which it is administered must measure up adequately when mapped against the three dimensions of justice- substantive justice on merits, timeliness in the disposal of cases, and proportionate use of the State’s resources. Access to justice must ensure that legal redress does not become the preserve of a few. Unfortunately, apathy and ineffective governance have created barriers to accessing justice, which has resulted in granting limited access to the full range of socio-economic and civil -political rights available.

Every politician of any stature, minister or a judge will invariably lay emphasis on the speedy justice delivery but that remains elusive. While the High Court and the Supreme Court judges are still addressed as ‘My Lords’ but they look at litigants with their noses high and behave in a manner as if it is they who are the sole repository of understanding and wisdom. However, the way a judge of Madras High Court K. Chandrababu has won the heart and the laurels of the public with his humility and uprightness. Delivering a judgement, he has apologised to an 89-year-old man for the 37-year long delay in delivering the justice, although he was no way personally for the same.

The brief facts of the case are that the petitioner V. Gandhi joined the Indian National Army (INA) of the great leader Netaji Subhash Chandra Bose. He was a part of the Indian Independence League in Rangoon (Burma). In the struggle for freedom of this Country, he underwent imprisonment in Rangoon Central Jail from May 1945 to December 1945. The petitioner, with this background, thus made a request on 6^th July 1980, for grant of freedom fighters' pension by the State of Tamilnadu. He waited for 12 years but when there was no response, he sent a reminder on 18^th November 1992 but neither the original application nor the reminder was considered by the government favourably. It is not that the petitioner has not made the said claim without having any justification or proof. One K.Kalimuthu, a co-prisoner, has issued a Certificate to him certifying that the petitioner is a bonafide freedom fighter and that he was also imprisoned on account of his participation in the freedom struggle. He was lodged in the same jail along with the said K Kalimuthu from May 1945 to December 1945 at Rangoon Central Jail, Burma. It is also seen that K.Kalimuthu is a recipient of freedom fighters' pension from the Government of India. Apart from the said Co- Prisoner Certificate, V Gandhi has also obtained another personal knowledge Certificate from Col. Lakshmi Sahgal on 15^th April 1994.

It may be mentioned here that Col. Lakshmi Sahgal was a Commander in the Indian National Army. She was the mother of the well-known politician Mrs Subhasini Ali. She was born on 24.10.1914 in Madras (now Chennai) to Shri. S. Swaminadhan, a Lawyer and Smt. A.V.Ammukutty, a Social Worker and Freedom Fighter. She became a Doctor by profession. However, at the age of 26, she left for Singapore in 1940 and three years later, she met the revolutionary leader Subhash Chandra Bose, who changed the course of her life. A Women's Regiment called the Rani of Jhansi's Regiment was set up and she became Captain Lakshmi, which name stood as her identity throughout her lifetime. Captain Lakshmi was arrested by the British Army in May 1945. She remained under house arrest in the jungles of Burma until March 1946. She married Col. Premkumar Sahgal, a leading figure in INA in 1947. After independence, she led her life all throughout by serving the public. She was the presidential candidate for the left party in 2002. She died on 23rd July 2012 at the age of 97. Such is the short story of the great personality viz., Captain Lakshmi Saghal. She had chosen to give the above-said Certificate to the petitioner, specifically indicating her personal knowledge about the petitioner's role in INA and his fight for freedom of this country.

Further, it is seen that one K.Gurumurthy, the President of All India Freedom Fighters' Successors' Organization, has also sent a communication to the respondents on 4^th August 2015, indicating that the claim of the petitioner is genuine, especially, when Dr.(Col.) Lakshmi Sahgal had issued the Personal Knowledge Certificate, which will vouch for the credential of the petitioner's participation in the Freedom Fighters Movement and sufferings. He specifically stated that it is a rare fortune that personality like Dr.(Col.) Lakshmi Sahgal issued a certificate for him. He also further stated in the said communication that the petitioner is in poverty and he has to be rescued from such pathetic condition by providing freedom fighters' pension.

On receipt of the above communication from the said K.Gurumurthy, he forwarded the same to the governments to take necessary steps to accede to his requests. As nothing had happened, again a reminder was sent by the Mr Gurumurthy on 20^th January 2016. Except sending the reply in a mechanical manner, the State government did not take any effective step to consider the request of Mr V. Gandhi for freedom fighters' pension, even though it was brought to its knowledge that there is an urgent need of extending such monetary support to him. The pension is not a charity, but conferment of an honour on such a selfless freedom fighter. Unfortunately, the government failed to note that but for such selfless contribution and participation in the freedom struggle by the persons like Mr Gandhi we would not have been in the present position to deal with this matter like this. It is a sorry state of affair and saddening factor to note that a person, who fought for freedom of this country is again driven to fight now, even after freedom, to get some financial assistance for his sustenance by way of such pension.

        The judge said that ‘in my considered view, persons like Mr Gandhi, who fought for freedom, should have been conferred with such due honour and dignity by extending the invitation to them and not by waiting for them to make their application. I am totally unable to either comprehend myself or conceive the above reasoning of the government for rejecting his claim for the pension, that too, especially when the same is not going to the root of the matter. When the factual aspect of the matter viz., the factum of participation of the petitioner in the freedom struggle, is vouched by a co-prisoner, and by the great personality Col. Lakshmi Sahgal, who issued the Personal Knowledge Certificate, there cannot be even a little doubt for the government about the bonafide of Mr. Gandhi. Despite the availability of those two overwhelming pieces of evidence, it is very unfortunate, that the government has chosen to mechanically reject the claim of the petitioner with irrelevant and immaterial reason which only shows that the government officials somehow wanted to wash off their hands and relieve themselves of their liability.’

The judge further said that ‘I wonder as to how such immaterial reasoning with regard to the age of the petitioner, Mr Gandhi, even assuming to be true, is not going to alter his claim with regard to the payment of freedom fighters' pension. It is very saddening to note that the government has chosen to rely on the irrelevant materials to deny the claim of the petitioner rather than accepting the genuine certificates proving the petitioner's participation in the freedom struggle, especially when these respondents did not dispute the genuineness of such certificates. I fail to understand as to how the age of the petitioner at the relevant point of time is going to matter much while considering his claim for freedom fighters' pension now, when his actual participation in the freedom struggle, through INA, is proved and established through the undisputed Certificates issued by those two competent and eminent persons. What is relevant to be seen is as to whether the petitioner actually participated in the particular freedom movement or not and certainly not his age, at which he had participated in such freedom-movement. Therefore, the respondents have indulged in fishing out a reason, only to reject the claim somehow.’

The judge said that ‘I can only say to the writ petitioner "Sorry sir, you are made to suffer at the hands of our people too, as, unfortunately, this is how the bureaucratic dogmatism with wooden approach works, at times, in this country, for which you fought to get freedom.’ The judiciary, certainly, needs such judges, who are humane and sensitive to the problems and difficulties of the people.