Uncouth Attitude of Tamil Nadu Chief Minister is Against the Basic Structure of the Constitution

The behaviour of Tamil Nadu Chief Minister MK Stalin is often found to be uncouth, indecorous, and uncivilised. He has been generating controversy and turmoil that could be easily avoided. For instance, during Prime Minister Modi's recent visit to Tamil Nadu for official business, Mr. Stalin was absent without a plausible reason. His absence insulted the people of the state more than it did the Prime Minister, especially since he was in Rameshwaram to inaugurate the Pamban bridge, which connects the mainland of the state to the historic religious island.

He and his party claim to uphold the Constitution of India, which emphasises three basic structural doctrines: federalism, judicial review, and fundamental rights. Therefore, it is courteous for Chief Minister Stalin to be present to receive the Prime Minister when he visits the state for governmental purposes. However, his absence in the official functions of Prime Minister demonstrates his arrogance, ignorance, and total disrespect for the Constitution, which he frequently champions.

Secondly, he stirs unnecessary controversy regarding the language issue and attempts to manipulate the sentiments of the state's people concerning Hindi imposition. He overlooks the fact that many residents of the state have been voluntarily learning Hindi due to more job opportunities and mobility outside the state. Moreover, 90 per cent of the Muslim population speaks and understands a blend of Hindi and Urdu. To my knowledge, Telugu, Kannada, and Malayalam speakers living in Tamil Nadu hold no ill will towards Hindi; they not only understand it but also converse in it. Many Tamils believe that Stalin stirs a Hindi controversy that does not genuinely exist. He and his associates also incite disputes about Sanskrit, neglecting that without Sanskrit, no Indian language can maintain a solid foundation.

Most shockingly, the recent controversy surrounding the Indian Rupee symbol arose from his decision to substitute the official ₹ symbol with the Tamil letter "Ru" in promotional materials for the state budget. The original ₹ symbol, designed by D. Udaya Kumar in 2010, combines the Devanagari "Ra" and the Roman "R." Kumar, himself a Tamilian, has expressed pride in his creation. However, narrow-minded MK Stalin may not grasp this.

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22

The Appointment System of Judges be made Transparent to Checkmate Corruption

 

According to some of the news channels a mountain of currency notes of not less than Rs nine crore were found in the residence of a judge of the Delhi High Court. It is alarmingly shocking, to say the least. It is common knowledge that many judges have been taking facilities from some people during their foreign travels but to find such a big pile of notes from the residence of any judge has been unheard of.

It is a clear case of financial corruption. Quid pro quo cannot be ruled out. Who has given this money for which for obtaining favourable order in which case can be ascertained only after thorough enquiry? If the fire had not broken out in the house of the judge in his absence, possibly secret would not have tumbled out.  What is all the more shocking is that why instead of divesting him of his works pending investigation, he has been transferred to his parent High Court of Allahabad. Indeed, High Court judges cannot be suspended in the conventional sense. However, they can be removed under specific provisions of the Constitution. Articles 124(4) and 217 outline the process for removing judges of the Supreme Court and High Courts, respectively.

The collegium system has always been under the cloud but the constitution bench of five judges did a great disservice by setting aside the NJAC, which was passed unanimously by the Parliament and ratified by 14 State Assemblies. Except for the abstention of Shri Ram Jethmalani, both houses of Parliament were of the unanimous view that that Collegium must be given go by. Only Justice Chelameswar gave his dissenting opinion in the NJAC case.

There is no gainsaying that a transparent system must be evolved for the appointment of High Court and Supreme Court judges to instil the confidence of the public in the judiciary.

Promote Hindi to make it a true National language

How sad it is to see some Parliamentarians and agents of some political parties cutting very sorry figures, who cry from the house tops for the protection and preservation of the constitution of India? They even carry the small sized copy of the constitution to exhibit their loyalty to it.  But in their real life they do contrary to the spirit of the Constitution. Let us take the question of Hindi. Article 351 of the Constitution states that ‘the Union must promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India. It also emphasizes that Hindi should be enriched by incorporating elements from other Indian languages mentioned in the Eighth Schedule of the Constitution, thereby drawing from the rich and diverse linguistic heritage of India. The goal is to make Hindi a robust language capable of representing the multifaceted culture of the country while ensuring it doesn't replace other regional languages.

    Why this hullaballoo against Hindi by some politicians, particularly belonging to the DMK of Tamil Nadu? This reflects their colossal ignorance of the constitution and their inability to govern the state of Tamil Nadu, where they have come to power by playing on the sentimental issue of language. These politicians forget the fact that people cannot be fooled any longer by creating the fear of imposition of Hindi. Presently, if you travel to any part of Tamil Nadu, you can do your work in Hindi or a simple Urdu. All three parts of Article 343 of the Indian Constitution further declare that Hindi in Devanagari script as the official language of the Union.

  Article 343(2): States that for fifteen years from the commencement of the Constitution (i.e., until January 25, 1965), the English language shall continue to be used for official purposes of the Union.

      Article 343(3): Permits Parliament to provide by law for the continued use of English after the said period of fifteen years.

This article was a significant move in establishing Hindi as the official language. What is surprising is that instead of dispensing with the dependence of English, these politicians fight against Hindi. 

How pathetic it is to see the deplorable condition of Hindi in the Supreme Court of India and many High Courts of the country, where neither judges speak, nor the advocates argue their cases in English. Knowledgeable people make fun of the English that is written and spoken in these temples of justice. Many times, even the judges of the Supreme Court have cursed the incomprehensible judgments of the High Court judges. Several times the Supreme Court has referred them back to the concerned High Courts. The book ‘Courts and Their Judgments’ written by journalist Arun Shourie, exposes the poor knowledge of English of the judges of the High Courts. This buttresses the importance of Hindi, which should be made compulsory for all judicial officers and judges. Therefore, those opposing Hindi will have to eat humble pie.

Urdu a Divisive Language must be Discouraged

The UP Chief Minister Yogi Adityanath should be congratulated for side-stepping Urdu from the simultaneous translation in the assembly. There is hardly any doubt that except for script, there is no difference between Hindi and Urdu. Its syntax and numbers are the same as those in Hindi. It is only due to some fanatical Muslims that its script is a mix of Persian and Arabic, which has no justification whatsoever. Moreover, these fanatics made Urdu laden with Arabic and Persian words. They saw to it that Urdu remains exclusively the language of Muslims. It is a different matter altogether many non-Muslims have contributed to its literature.

In pre-partition days Aligarh Muslim University played a dirty role in driving away the Urdu from the people and the area where it was born. This university and the Urdu language provided the necessary arsenal for the creation of Pakistan. It was because of the hardened communal elements that Urdu was declared the official language of Pakistan although in no region Urdu was spoken. It was imposed on Sindhi, Punjabi, Pashto, Baluchi, Pasto, and Bangali and was declared to be the lingua franca of Pakistan. It was due to the imposition of Urdu on East Pakistan that Bengalis revolted and got a separate nation i.e. Bangladesh.  

The days are not far away when Pakistan will again get divided due mainly to the fundamentalists which is what Yogi Adityanath says them to be Kathmullas. Therefore, there is no need to shed tears for a divisive language like Urdu. The only way for it to survive is to accept the Devnagari script and eschew the obstinacy of packing it with Arabic and Persian words.

However, it must also be stated that English ought not to be encouraged. More importance and encouragement should be given to the promotion of Hindi rather than dialects like Awadhi, Bhojpuri, Bundeli and Braj.

Chhattisgarh High Court Judgment in a Marital Rape Case is Shocking Denial of Justice

 

Judgment of acquittal passed by the Chhattisgarh High Court in a case of marital rape where the wife died due to the sexual brutality of the husband is nothing but a mockery of justice. The case belongs to the Jagdalpur district of Chhattigarh. The accused husband, a driver, committed unnatural sex with his wife, and left her in pain, who died in a hospital. In her dying declaration, recorded before a magistrate, the victim alleged that her husband had inserted his hand in her anus, following which she suffered excruciating pain.

The woman was admitted to the hospital for treatment, from where a report was made to the police station concerned and the offence under IPC Section 377 (unnatural sex) was registered against her husband.

The Indian Evidence Act, 1872, under Section 32 deals with the concept of a “dying declaration”. Usually, a dying declaration is only admitted as evidence in cases where the cause of a person’s death comes into question. This concept is based on the Latin legal maxim “nemomoriturus prae-sumitur mentire” which means a man will not meet his maker (God) with a lie in his mouth.

In Naeem vs the State of Uttar Pradesh, the Supreme Court ruled that a dying declaration can be the sole basis of conviction, but courts must find it to be trustworthy, and one that inspires confidence.

Notably, in this case, the doctor who had conducted a postmortem of the deceased’s body had said there were “two perforations on the rectum”, one on the anterior side and another above the pelvic floor, causing him to conclude that the victim died on 11 December 2017, as a result of the same.

In February 2019, a trial court at Jagdalpur convicted the husband under Sections 376 (rape), 377 (unnatural sex), and 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC), and sentenced him to 10 years rigorous imprisonment and a fine of Rs 1,000. However, the Chhattisgarh High Court later acquitted him, citing the marital rape exception under Section 375 IPC, which states that sexual intercourse by a man with his wife, if she is above 15 years of age, is not considered rape. Here the wife was said to be over 15 years.

It also cited the five-judge SC bench’s ruling in Navtej Singh Johar vs Union of India (2018) to say that if an “unnatural offence is done with consent, then the offence of Section 377 IPC is not made out”.It is ridiculous to say that the wife consented to her husband to insert his hand in her anus. The law, it is often said is like an ass but all the same, it is also true that insensitive justice is no justice. This decision was the height of insensitivity. 

Most women, from a very young age, are sold the idea that safety and prestige come with marriage. However, ironically, marriage becomes just another apparatus in patriarchy’s arsenal, to perpetuate violence, as was seen in this case. Rape isn’t merely about a violation of a person’s consent but also involves an assertion of power that men enjoy in a patriarchal society.

The central argument against criminalising marital rape is the fear of its misuse, a reiteration of each time when laws have been proposed for the protection of the marginalised. This decision of the Chhattisgarh High Court is a clear miscarriage of justice and very shocking. Sex with a wife without her consent may fall within exception 2 in section 375 but extreme brutality resulting in her death is frightening, to say the least.

 

Morons like Dayanidhi Maran must be condemned for insulting Sanskrit

Lok Sabha speaker Om Birla must be admired and congratulated for reprimanding the DMK Member of Parliament, Dayanidhi Maran who, on the other day, insulted Sanskrit on the floor of the House by asking a silly question from the Speaker. The speaker informed the House that the facility of simultaneous translation is available in 22 languages. The short speech (intervention) of Dayanidhi Maran was that this facility should be made in Sanskrit, which is not the language of any state. His question exposed him as an illiterate and non-sensical bordering on the brink of insanity. What is most idiotic is that this nincompoop did not have any objection to any other language but only to the translation facility in Sanskrit. Possibly, he is not aware that Sanskrit is the mother of all Indian languages including Tamil, although clowns like him do not accept this fact. It appears that he does not know that even the Tamil of Chennai differs from the Tamil of Madurai and Rameshwaram. Moreover, the names like Dayanidhi, Karunanidhi, Jayalalitha, and Ramachandran are of Sanskrit origin.

All religious activities among Hindus are performed throughout India in the Sanskrit language. Our national song Vande Mataram was written by Bankim Chandra Chatterjee in Sanskrit. All Indian languages are replete with Sanskrit words. It has been the ancient language of knowledge and learning. Perhaps this man is not aware that Baba Saheb Ambedkar had proposed in the constituent assembly that Sanskrit should be made the lingua franca or official language of India, as this would not any heart burning or favour to any section of society or any state. Scientific, legal, and medical terminology is found abundantly in Sanskrit, which is the only language in the world with the most scientific grammar.

It appears that Dayanidhi Maran has been sidelined in his family politics and the days are not far away when he may have to report to the son the Chief Minister Stalin. So not finding any political space for himself in Tamil Nadu politics, he thinks that he may remain in the limelight by raising such moronic controversies.

Greek and Latin languages are not in common use anywhere in the world but still, they are respected for being the storehouse of knowledge. There is no need to pity the dimwits like Dayanidhi Maran, but such persons should be boycotted and condemned at every forum.

‘Nexus’ is an immensely captivating book

Yuval Noah Harari is a well-known Jewish writer. His books have been acclaimed all over the world. He teaches history at the Hebrew University of Jerusalem. His book ‘Sapiens, A Brief History of Humankind’ is considered a meticulously researched book on human history. His latest book is ‘Nexus: A Brief History of Information Networks from the Stone Age to AI’. There cannot be any dispute that humans today have much more information and power than in other ages, but we cannot say for certain that our role in the universe is equally better.

Science and technology have completely changed human thinking patterns, lifestyles, and interrelationships. Most of the changes have taken place in the last two hundred years but the changes in the last three decades have been mind-boggling. The writer has tried to explain the information, as it is a tool to discover the truth. Its main role is to represent the reality. Religious books like the Vedas, and Torah of Judaism have also been considered to be the representative of reality. There are two levels of reality. One is objective like stones, mountains etc. and the other level is subjective like pain, pleasure and love.

Harari is, without a doubt, a good storyteller who focuses on myths to drive his points home. He says that in Christianity and Islam, women have been considered intellectually and ethically inferior to men and suggested that women should be subjected to subordinate roles in society. Saint Paul is attributed to having said, ‘A woman should learn in quietness and full submission’. Thus, we find that Hindu scriptures and society, on the contrary, have accorded the highest respect to the women folk. However, aberrations crept into them also due more to slavery and oppression by the aliens, who became the rulers upon them. The Hindu scripture, it must be stated, never supported the principle of turning the other cheek for tyrants in the name of ‘absurdity’ that proclaims that the meek shall inherit the earth.

It is bizarre that in Christianity inquisitorial methods were adopted and even recommended in ‘The Hammer of the Witches’ to avenge personal slights or to gain personal or economic advantage. Novah Harari, therefore, is of the view that humanity will be able to explore the revolutionary implications of the rise of AI (Artificial Intelligence) after understanding the politics of information in historical systems.

While discussing the brief history of democracy and totalitarianism, the writer says that information networks are highly centralised, and the centre is considered to be infallible. A democracy, in contrast, is a distributed information network, possessing strong self-correcting mechanisms. Elections are a central part of the democratic tool kit, but they are not democracy. In every democracy, the limits of human civil rights are often discussed. However, allowing the governments to supervise the search for truth is like appointing the fox to guard the chicken coup. Democracy and dictatorship are not binary opposites but rather are on a continuum.

We have seen that the new information technology of the late modern era has given rise to both large-scale democracy and large-scale totalitarianism. However, there have been crucial differences in how the two systems use information technology. Technology only creates new opportunities; it is up to us to decide which ones to pursue. We are living amid an unprecedented information revolution. It is difficult to determine what is driving this revolution. Is it the internet? Smartphones? Social Media? Blockchains|? Algorithms? or AI? Computer-to-computer chains can now function without humans in a loop. For example, one computer might generate a fake news story and post it on a social media feed and the second computer might identify this as fake news and not just delete it but also warn other computers to block it. Within a few years, AI could eat the whole of the human culture and digest it. For thousands of years prophets, poets and politicians have used language to manipulate and reshape society but now computers are learning how to do it. In ancient India, Hindu and Buddhist sages argued that all humans lived trapped inside Maya- the world of illusion. The computer revolution is bringing us face-to-face with Maya or illusion. Tech giants like Facebook, Amazon, and Alibaba are not just obedient servants of customers’ whims and government regulations, they increasingly shape their whims and regulations. There is no doubt that AI is going to bring about unthinkable and unfathomable changes very shortly. The persuasiveness of the book ‘Nexus’ by Yuval Noah Harari is a laudable and mesmerising one that opens the eyes of readers.

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11

‘Nehru’s India- contains only anti-Modi narratives

Some books are to be tasted, others to be swallowed, and some few to be chewed and digested; that is, some books are to be read only in parts; others to be read, but not curiously; and some few are to be read wholly, and with diligence and attention, so said Francis Bacon. Putting the book ‘Nehru’s India’ by Professor Aditya Mukherjee in any of the above categories is difficult. The book is more like a pamphlet bereft of any seriousness as it does not make any in-depth study about Jawahar Lal Nehru. It can also be called an adulatory hagiography because the author fails to make a critique of Pandit Nehru.

The foreword of the book has been written by a known distortionist of history, Irfan Habib. By reading the book anybody will conclude that the writer is a diabolical Modi hater, therefore, everything looks yellow to a person with a jaundiced eye. The writer fails to see or deliberately ignore the fact that the country has made tremendous progress in the last more than ten years of Narendra Modi’s rule.

There is no doubt that the medieval history written under the supervision of Jawahar Lal Nehru and the Congress rule was skewed. It gave much importance to the Mughal rulers, although they were cruel, brutal, unscientific, and backward-looking. They (the Mughals) spent the country's resources not for the benefit or welfare of the masses but for their pleasure and suppression of the people.

In the pre-independence days, Nehru and his bandwagon did not make any effort to awaken the Muslim masses. Still, they subjected the Hindus by attacking them in the name of majority communalism ignoring the fact that it was minority communalism that was responsible for the vivisection of the country. Muslims, on the other hand, were in thrall of Jinnah, who led to the partition of India. If the properties and population had been transferred at the time of the partition, the country would have made formidable progress in all fields. Surprisingly, the left-leaning thinkers and politicians who kept themselves aloof during the freedom struggle, became the supporters of Nehru and Gandhi, not because they loved them or were inspired by them but because of their hatred towards Hindus. The writer has quoted rabid anti-India journals like ‘The Economist’ to prove that India has been lagging behind many unknown countries as far as economic progress is concerned but the fact is that these have been fake narratives.

India has been a living example of a robust democracy, and it is not because of the idea of Nehru but it has been innate and inherent in India’s culture. During Nehru’s time, the press was overawed and almost servile, but now the vested interests are preparing their agenda and narratives to criticise the Modi government which can subserve their cause. The writer has given credit to Jawahar Lal Nehru for setting up some industrial organizations and educational institutions. Still, if we compare it to the last ten years of Modi, we can safely say that the country has made giant strides in almost all fields. The biggest achievement has been the construction of toilets for every household and a roof over the heads of all families even those living in the remote corner of the country.

The book is very shallow on every parameter. It is based on fake data and dubious newspaper reports by an author who has made an all-out effort to denigrate the Modi government by using Jawahar Lal Nehru.