Tuesday, March 26, 2019

Non-existence of Rama to His Bhakti by Rahul's Family



     Rahul Gandhi and his younger sister Priyanka Gandhi are trying to prove that they are better Hindus than thousands of others. Let them live in their own make-believe world. In Hinduism, there is no place for a demonstration, and this is one of the reasons that a person who exhibits by his/her outward behaviour of claiming to a Hindu is considered to be an impostor. Simplicity, good conduct and abhorrence from dishonesty are some of the qualities, which are the sine qua non for Hinduism. It is an altogether different matter that not many people adhere to it in real life. It can be seen from the lives of hypocrite Babas, who believe more in ostentation than in the real religion.
       However, what is most significant is that only a few years ago the Government of the Congress of which Sonia Gandhi was the President had filed an affidavit in the Supreme Court that Rama was a mythical person. It resonated the words of Karunanidhi, one of the biggest enemies of Hinduism, who said that there was no Ramsetu. Karunanidhi had even questioned the skill of Lord Rama and his army by asking that from which college Rama and his army of monkeys had studied the engineering that helped them in building a bridge? Can there be any discussion or dialogue with persons like Karunanidhi, who was more known for his womanizing and writing the scripts of phantasy films than learning and visionary thinking? But now the same Rahul Gandhi and his sister are visiting from temple to temple to show that they are also devout Hindus. They should be asked whether they were correct then or now? By the way, it is difficult to remember if they have ever visited any temple in Delhi, where they live.
      The love of the Congress Party for Lord Rama is a total sham and fake. This can be known from the undeniable fact that during the hearing of Ayodhya issue in the Supreme Court, the Advocates, who are also the important leaders of Congress party threw spanners in the hearing and demanded that it should be adjourned till July !5, 2019, when the new government at the Centre was installed. They knew it well that during the hearing their stand will be exposed.
      These leaders have many times unabashedly defended JNU lobby, that openly works against the unity and the integrity of the country. It is the same party, which promoted the policy of appeasement and communalism, which has eaten into the vitals of the country. The need is to beware of such leaders, who have gained expertise in saying and showing something, which they will never believe. The hiatus, the chasm between the words and works and preaching and practice of these people is absolutely unbridgeable.
 Can there be any bigger deception to befool the people? 

Friday, March 22, 2019

Modi is the Only Glimmer of Hope



One often wonders whether the multi-billion fraudsters like Vijay Mallya and Nirav Modi could ever have thought of fleeing the country if Modi Government had not been in power. These cheats had been freely roaming about in the country without any fear of the law and plundering the people.  Obviously, they were enjoying the patronage and support of the erstwhile governments. There are dozens of such industrialists who are under the scanner because they have looted the banks. Many of the responsible bank officials have been on record that some big businesspersons, who used to approach the bigwigs in the government to put pressure on them. Some influential persons were giving instructions to them through the Finance Minister to grant them to enormous amounts of loans throwing all the norms to the winds. The top-notch officials of the banks had no choice but to obey the orders, which were coming to them from above. However, those who have fled the country had started feeling the heat after the Modi Government came to power because the noose was tightening around them. They were not having any problems and difficulties in getting the loans and not paying them due to the connivance and orders of the bosses in the Congress Government.
 They were not at all worried about the routine notices which were sent to them from the banks from time to time. It is only after the Modi Government assumed the office that their wrong deeds were exposed and finding no place to hide, they manoeuvred their way to go out of the country. There is no dearth of such people, who are still in authority and make all-out efforts to show that the present government is seen in the bad light and that was the reason that they facilitated the absconding of Mallya and Nirav Modi.
 After all, only five years ago some politicians used to flaunt and boast their proximity with an absconder Vijay Mallya. When such heavyweight politicians were fawning to them, then who could have mustered the courage to tighten grip against  Mallya. The same thing has happened in the case of diamantaire Nirav Modi who had taken loans during the Congress regime and when he found that he could not escape action against him during Modi raj,  he manipulated to flee out of India.
 However, it is a matter of huge satisfaction that those who tried to cock-the-snook to the system are now finding themselves in the hot soup even in the foreign countries, thanks mainly to the highly effective diplomacy of the Modi Government. It may be mentioned here that while Vijay Mallya had taken the loan of around Rs. 9,500/- crores but the government have attached his property many hundred crores more than he has swindled. This is clear from his disappointment when he tweeted that the Government was doing injustice to him by seizing the property more than the loaned amount. Despite all his dirty tactics, he cannot remain any longer in the foreign land. Sooner than later he will be repatriated to India from London.
Another beguiler Nirav Modi has already been arrested and the days are not far away when he will be brought back to India to face the trial and punishment by our Courts. Apart from these businessmen, there are hordes of corrupt politicians and bureaucrats who have amassed an enormous amount of money by misusing their power and position, who are also now on the run. In this category, there are a few names which automatically come to mind like those of Lalu Prasad Yadav, Om Prakash Chautala etc, who are already in jail. Some others may very soon land up in jail which will possibly include P. Chidambaram, his son Karthi, Mayawati, Akhilesh Yadav, Mamta Banerjee, Rahul Gandhi, Ahmad Patel, Sonia Gandhi, Robert Vadra and many more. Some bureaucrats have already become jailbirds, and some are waiting for their turns. This is perhaps the only reason that most of the corrupt politicians have got united to dislodge Modi from th

Wednesday, March 20, 2019

Mandir Hopping of Priyanka : Fake or Genuine

       If somebody wants to go to any temple, why should any objection be raised by anybody? If Priyanka Vadra Gandhi has decided to take a dip in the holy Sangam, pooja at the temple of Baba Vishwanath in Varanasi and darshan of Maa Vindhyavasini at Vindhyachal, it should not be the cause of stomach-ache for anyone. But it is a half-truth. The eyebrows are bound to be raised if anybody goes to the temple only for showing and attracting the attention of others. The motive is not the consolidation of faith but to garner votes of the gullible masses, then these visits to the temples are not only farcical but deserve to be detested and condemned in no uncertain terms.
     This is what we find in the case of Priyanka Gandhi and her brother Rahul Gandhi. Their ideas appear to be frozen in the time warp of their grandmother, Indira Gandhi. People did not have any doubt about the faith of Indira ji. Election or no election she used to go to temples and had all the respects for the religion that she espoused. Brahmins, the so-called custodians of Hindu religion, had all respect for her feelings. But that is totally missing in Rahul and Priyanka and nobody is ready to believe that they have genuine faith in their outwardly religious conducts.
      Having said it one must know that the beauty of Hinduism is that it is all-encompassing. An atheist is as much a Hindu as a theist. One may believe in any God or may not believe at all, he/she is a Hindu till he/she renounces and embraces any other faith or chooses to remain away from it. One will be aghast to know a fact that when Swami Dayanand Saraswati once visited Tehri palace (presently in Uttarakhand), the king took him to his sprawling kitchen and showed him how the buffaloes were being butchered? Swami ji could not stand there for a minute and rebuked the king for converting his kitchen into an abattoir for killing the male buffaloes in the name of satiating any Devi. He was appalled that the king was doing it at the suggestion of Brahmin priests, who were also accustomed to eating the meat.
     So when even the meat-eating Brahmins could become the priests of a religion where Ahimsa is considered to be its fulcrum, then anybody can be a Hindu provided he/she does not claim to be otherwise. Nevertheless, people have now become fully aware that who is a faithful Hindu and who is trying to cheat them by skylarking as a Hindu for the sake of votes.

Sunday, March 17, 2019

Will Artificial Intelligence lead to Immortality?


Yuval Noah Harari, who is still in his early forties has taken the world by storm by his three wonderful books- ‘Sapiens-A Brief History of Mankind’, ‘Homo Dues- A Brief History of Tomorrow’ and ‘21 Lessons for the 21st Century’. He is an insightful historian. The way he has analysed and thrown lights on the facts from the beginning of the homo sapiens till today and the things to shape in the future is amazing, to say the least. But there is a section which denigrates him as a writer of ‘liberal elites' because he has established with his unique logic that religion, socialism and many other forms of social structures and governments will be the things of the past.
The Communist Manifesto proclaims that: The history of all hitherto existing society is the history of class struggles. Freeman and slave, patrician and plebian, lord and serf, guild master and journeyman, in a word, oppressor and oppressed, stood in constant opposition to one another. Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly facing each other: Bourgeoisie and Proletariat. But when the Artificial Intelligence and Algorithm will replace the workers and managers nobody will exploit anybody. So where is the question of two hostile camps? Even today the communism has largely been rejected across the globe because now it no longer appeals to reason and imagination of the people.
The inexorable march of science will assert the supremacy of the Silicon Valley (Silicon Valley is a symbol), which will force the countries to give up the war and hostility. Artificial Intelligence will help produce the children, who will have immunity from the diseases. Death will be just a technical problem. There will be gadgets, which will forewarn about all the ills and ailments that may inflict any human being but the flip side of it will be that man/ women will always be haunted by some or other illnesses, which may lead to the incurable depression. Thus, the man can either evolve into a superman or will degenerate into subhuman. However, a question always lingers in mind that one can have all the paraphernalia, but can you write about love without human feelings? Terrorism, which has scared the whole world will be defeated only by the technology, which has partially been seen in the recent precision strike by the Indian Airforce in Balakot or the killing of Osama Bin Laden earlier in the Pakistani military haven,
In the days to come the agriculture, which used to provide jobs and foods to almost hundred per cent people at the beginning of the Homo Sapiens will not be pursued even by one per cent population because of the liberal use of the robotic technology developed by Artificial Intelligence. Most of the jobs will become redundant thanks to technology. The so-called debate and passionate discussion on the protection of individual privacy are meaningless because Artificial Intelligence will debunk them. Wars will be the things of the past, however, if it is ever fought, it will reduce the role of the humans to the minimum. He (Harari) has opined that ‘you are more likely to commit suicide than be killed in a conflict’. There will be no famine in the future but’ you are more at risk of dying due to obesity than starvation’.
Yuval Noah Harari is a Jew, but he regularly practices Vipassana and the Yoga for two hours every day, which gives him enough energy to cope with the challenges for another twenty-two hours. Written in simple and elegant language and in an engaging style, all three parts are unputdownable.

Thursday, March 14, 2019

SC Saves Six Innocents from Gallows



 Death penalty or capital punishment is the highest degree of punishment to be awarded to an individual under the penal law of any country. It has been in existence since the inception of the State. There has been an intense debate in India whether capital punishment should be abolished or retained. Article 21 of the constitution guarantees every citizen the fundamental right to life and it expressly states that ‘no person shall be deprived of his life or personal liberty except according to procedure established by law’. This means that the life of an individual can be taken only through the given process of law and not otherwise.
 The purpose of Indian Penal system is two folds: one is deterrent and the other is reformative. The inherent principle of ‘innocent until proven guilty is followed in the justice delivery system.’ Till now after independence, nearly 1400 people have been hanged to death for committing heinous crimes. The Law Commission and various other committees have expressly stated that the death penalty should be abolished except in terror-related cases. The Supreme Court has laid down the golden principle way back in 1980 in ‘Bachan Singh vs the State of Punjab’ that the death penalty can be awarded only in ‘rarest of rare’ cases.
 The moralists have been insisting that death penalty should be abolished hook, line and sinker because once a person has been executed then there is no possibility of any atonement even if the facts dawn at the later stage that the person who has been hanged to death was really not guilty for the punishment. In the first week of March this year the Supreme Court has acquitted six innocent persons, who were awarded death penalty by the Nashik Sessions Court. The conviction of three of them was confirmed by the Bombay High Court. However, it commuted the sentence of the other three to life imprisonment. Thus, the Supreme Court heard two sets of appeals, one was filed by those whose death penalty was confirmed and other was by the Government of Maharashtra against the commutation of the death penalty of three convicts to life imprisonment. This case, which brought six innocent persons to the brink of execution, has left a deep scar on our criminal justice delivery system.
 The brief facts of the case are as follows: Six persons-Ankush Shinde, Rajiv Shinde, Raju Shinde, Ambadas Shinde, Bapu Shinde and Surya were guilty of murdering Trambak Satote, his daughter Savita, his sons Sandeep and Shrikant and his nephew Bharat More on the intervening night of June 5-6, 2003. Luckily, his wife Vimalabai and her son Manoj survived the attack and went on to identify all these six men in the Test Identification Parade (TIP). The Nashik court sentenced all of them to the death penalty, but the High Court took the view that Ambadas Shinde, Bapu Shinde and Surya did not deserve death because they had not raped Savita. The Supreme Court acquitted all of them. Why? What has happened with eye witness testimonies? Did Vimalabai and Manoj lie to the court? Were they compelled to make false testimonies? These are the questions which are nagging to the minds of the people. It is true that five persons were killed in the attack, then who killed them? Does it mean that real killers got away without any punishment?
The Court has now directed  after the lapse of 16 years to conduct further investigation under Section 173(8) of the Code of Criminal Procedure qua those four persons ‘who were identified by Vimalabai,  the injured  eye witness from the album of photographs of notorious criminals with their names, i.e., immediately after the incident, whose particulars and names were mentioned in her statement so that real culprits should not go unpunished in a crime in which five persons were killed brutally and one lady was even subjected to rape.’
 With regard to other accused persons, the Supreme Court said, ‘the deposition of Vimalabai was full of contradictions/omissions and improvements and therefore she is not a reliable witness who can be believed. Even otherwise it appears that there was no fair investigation by the investigating agency/prosecution. The prosecution has suppressed the material fact from the Court. Neither the investigating officer nor even the special executive magistrate initially stated anything about the recording of the statement of Vimalabai on 7.6.2003, a day after the multiple murders and she identified four persons from the album of the photographs of the notorious criminals. In fact, it came to the light during the course of hearing of the appeal before the High Court. Her memory was fresh, and it ought to have been given more weight than her identifying the accused persons after a long delay.
It is judiciously acknowledged that fair trial includes fair investigation as envisaged by Articles 20 & 21 of the Constitution of India. The role of the police is to be one for protection of life, liberty and property of citizens, that investigation of offences being one of its foremost duties. That the aim of the investigation is ultimately to search for truth and to bring the offender to book. Apart from ensuring that the offences do not go unpunished, it is the duty of the prosecution to ensure fairness in the proceedings and also to ensure that all relevant facts and circumstances are brought to the notice of the court for just determination of the truth so that due justice prevails.
The Court said that ‘it is the responsibility of the investigating agency to ensure that every investigation is fair and does not erode the freedom of an individual, except in accordance with law. One of the established facets of a just, fair and transparent investigation is the right of an accused to ask for all such documents that he may be entitled to under the scheme contemplated by the Cr.PC.  Nothing is allowed by the law which is contrary to the truth. The criminal justice administration system in India places human rights and dignity for human rights at a much higher pedestal. The investigation should be judicious, fair, transparent and expeditious to ensure compliance with the basic rule of law. These are the fundamental canons of our criminal jurisprudence and they are quite in conformity with the Constitutional mandate contained in Articles 20 and 21 of the Constitution of India.  In case of Darya Singh v. the State of Punjab has observed that the prosecution must act fairly and honestly and must never adopt the device of keeping back from the Court only because the evidence is likely to go against the prosecution case. 
Murder and rape are indeed a reprehensive act and every perpetrator should be punished expeditiously, severely and strictly. However, this is only possible when guilt has been proved beyond reasonable doubt. The prosecution/investigating agency is expected to act in an honest and fair manner without hiding anything from the accused as well as the Courts, which may go against the prosecution. Their ultimate aim should not be to get a conviction by hook or crook.  It is to be noted that all the accused persons are nomadic tribes coming from the lower strata of the society and are very poor labourers. Therefore, in the facts and circumstances of the case, false implication cannot be ruled out since it is a common occurrence that in serious offences sometimes innocent persons are roped in. We have no other alternative, but to acquit the accused of the offences for which they are convicted.
The Court observed that Ankush Maruti Shinde, who was subsequently found to be a juvenile, he has clearly opined that he has lived under sub-human conditions for several years. He was kept in isolation in solitary confinement with very restricted human contact and under perpetual fear of death. He was only allowed to meet his mother and that too only infrequently. He was not even allowed to mix with other prisoners. All the accused remained under constant stress and in the perpetual fear of death. Therefore, in the facts and circumstances of the case, we direct the State of Maharashtra to pay a sum of Rs.5,00,000/- to each of the accused by way of compensation.
 Our justice delivery system is slower than the tortoise and it takes not years but decades to decide whether a person is guilty or innocent and during this period he or she has to languish in jail. If the person is declared innocent as has happened in the above-mentioned case who should be held responsible for their pains and sufferings?  They have been in jail for more than fifteen years apparently for no fault of theirs because they were found to be falsely implicated. Is it not the time for the higher judiciary and the legislature to take notice of such cases where many times the innocence are implicated and convicted but the real culprits go scot-free because of the shoddy investigation of the cases by the police?

Saturday, March 9, 2019

Supreme Court Stays Eviction of Forest Dwellers


 The Supreme Court has stayed its own order of 13th own order of evicting lakhs of dwellers living on encroached forest land. It has come as a huge relief for the people living in the forests for many generations. Around the world, as communities expand, and natural places are reduced, people and wildlife are increasingly coming into conflict over living space and food. If humans make proper use of space and food, it is possible to have enough for animals also. While key areas should be protected for wildlife, buffer zones need to be created and investing in alternative land uses are some of the solutions to tide over the problem of humans and animals’ conflict. Keeping the goal to avoid such conflicts the Forest Rights Act was passed in 2006, which says that those who are living in jungles would have to stake claims of their rights. Thereafter, it will be verified by the authorities but if they fail to fulfil the criteria as laid down in the Act, they will be evicted. Clutch of Public Interest Petitions were, nevertheless, filed in the Supreme Court for and against the implementation of the Act.
 The aims and objects of justice are that it must have a human face. This has been the reason that even at the cost of health, hygiene and any planning the humans have been given utmost importance in the judicial pronouncements. The underline principle is that all human being is equal in dignity and rights. Equality is one of the fundamental factors, which enables everyone to live a life of dignity and enjoy its full potential. The Supreme Court has been striving hard, right from its inception, to dispensing justice in a manner that upholds the honour and the dignity of every citizen. This has been the reason that it has often come to the rescue and relief of those who are deprived and denied even basic human rights.
            The Apex Court has been reminding and pulling up the authorities, time and again, to ensure that they fulfil obligations to the general public. And whenever the state or its apparatus have failed to fulfil the objectives, the Supreme Court has not hesitated in giving the rap on the knuckles of the concerned authorities. Way back in 1985 in ‘Olga Tellis and others vs Bombay Municipal Corporation’, the Supreme Court had made it mandatory for the authorities to provide alternate accommodation to the slum dwellers if their shantytowns were demolished.
           However, that was the case of rich versus poor, where the poor were being ignored by the authorities but when it comes to the existence of humans and animals, the Court cannot sit idle in order to ensure the very survival of animals. The Court has always ensured that a balance should be struck between the humans and the animal. Needless to underline that due to the increasing conflict between humans and animals, the lives of animals have become very dangerous and difficult. Now in a petition filed by the Wildlife Trust of India, Nature Conservation Society and Tiger Reservation and Conservation Trust the Supreme Court has ordered all the state governments to ensure that the encroachment of forests by human beings should be evicted. This order will impact the lives of millions of people belonging to the Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) and that is why a large number of organisations have come out demanding review of the Supreme Court order.
             When the Forest Rights Act (FRA) was passed, it required the government to hand back traditional forestlands to tribal and other forest-dwellers even against the laid down criteria. It intended to provide a framework to recognize and vest the rights and occupation in forest land to Scheduled Tribes, who have been residing in such forests for generations but whose rights could not be recorded.
There are over 100 million people who make up India’s tribal population, four million of which reside in protected forest areas of nearly 500 wildlife sanctuaries and 90 national parks. It gave them the legal right to live and work on the land for three generations. According to the Supreme Court order, the claims of 18 Lakh dwellers have been accepted and their titles have been handed over to them and their families. But more than a million claims have been rejected, who face eviction. The Court has now said that the state governments would ‘ensure that where the rejection orders have been passed, the eviction will be carried out on or before 27th July 2019. In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this Court.’
The order of the Supreme Court has caused a great deal of panic and anxiety for the state governments. As per the available records, approximately 12.50 lakh hectares of forest land is under encroachment and the Court ruled that ‘all encroachments which are not eligible for regularisation should be summarily evicted in a time-bound manner. The forest dwellers say that authorities have always been hostile towards them mainly due to the right of collecting and selling the Minor Forest Produce (MFP), which the (Adivasis and forest dwellers) get under the Forest Right Act. MFP is a major source of revenue and forest authorities do not want to lose it because states earn more revenue from MFP than they earn from timber.
This order, as expected, has acquired political overtones. Some parties and organisations have even asked the Central Government to bring an ordinance so that lakhs of forest dwellers are saved from eviction.  At least two-thirds of the country's forest lands are tribal lands under the Vth Schedule of the constitution. The implementation of this order will definitely see more unrest in various parts of India, which is being seen to lead to the impoverishment of the tribal and the other forest dwelling communities.
However, the Supreme Court in its main order has tersely asked for its compliance. It said that once the orders of eviction have been passed, the eviction ought to have taken place without any compromise. The Court has asked the Chief Secretaries to the States to file an affidavit as to why the orders of eviction have not been carried out so far in respect of the incumbents whose claims have been rejected. In the case of Assam, the Court found that the total numbers of claims belonging to Scheduled Tribe is 74,364 and Other Traditional Forest Dwellers is 19966. The Court ordered that the Divisional Forest Officers, within their jurisdiction, to submit proposal to the Principal Chief Conservator of Forest & Head of the Forest Force to carry out eviction in respect of claims rejected by the District Level Committee and that steps should be taken for eviction of all the encroachers/claimants whose claims have been rejected. The Chief Secretaries to the States have also been directed to file an affidavit stating whether the incumbents in respect of whom the rejection orders have been passed, have been evicted or not? And if not, the reasons for the same must be recorded. More or less, similar orders for eviction have been passed in respect of other states.  
         In case of the State of Uttar Pradesh, it was found that 31,846 claims have been filed by STs and 50,442 claims have been filed by OTFDs, out of the above, 20494 claims of STs and 38167 claims have been rejected. Therefore, the Chief Secretary to the State of Uttar Pradesh will have to tell as to why after the rejection of the claims, which have attained finality, eviction has not been made. The Chief Secretary shall ensure that where the rejection orders have been passed, the eviction will be carried out on or before July 2019.
The court has also directed to the Forest Survey of India (FSI) to make a satellite survey and place on record the encroachment positions and also state the positions after the eviction as far as possible. The ideal position in any civil society is that there should be no encroachment but in India, it has become a rule rather than an exception.
 Many organisations have welcomed the order of the Supreme Court as it will go a long way for saving wild animals, who have the inherent right to live in jungles, which is being endangered because of the encroachers. On the other hand, some parties are asking that forest dwellers need not be disturbed until a comprehensive rehabilitation policy is put in place. Whenever any orders by the Supreme Court or the High Courts are passed for evicting the encroachers, the politics come into play. As a result of it, the encroachers make the hay while the sun shines and the country, as a whole, suffers. Hopefully, the Court will have a holistic look at it. The humane consideration of justice is laudable, but it should not be stretched too far as to disrupt the ecological balance and cause constant conflict with animals.