Thursday, May 19, 2022

Resolve Kashi, Mathura Mandir-Masjid Tangle Through Conciliation, not Courts

    Looking at the photographs and videos of Shivling found in the Gyan Vapi of Varanasi, anybody can say without any doubt, that it could not be a fountain as it is being made out by some Muslim leaders. I have seen this place scores of times during my student days at BHU and always felt that Muslims should themselves come forward to hand it over to Hindus to amicably take out the thorn of contention. The frescoes of deities on the walls of Masjid and the continuous looking of Nandi Bull leave no one in doubt about the location of Shivling.  

 The claim of some Muslim leaders about the Shivling as a fountain is farfetched. Firstly, there was no concept of any fountain in any Houj meant for waju (ablution) at the entrance. Secondly, it could not have been possible to have a modern fountain more than three hundred years ago when the part of the temple was demolished to convert it into a mosque. Such fountains can be operated only through electricity, which was unheard of. Hence, by seeing the Kashi Vishwanath temple or the Krishna Janmbhumi through naked eyes, one will have no doubt that they have been the temples, not the Mosques. Therefore, sane Muslims must come forward to resolve the tangle by sidelining the politico-religious bigots.

  Interestingly, the idea of presenting the Shivling as the fountain has not come from the local Muslims but from those rabid and vile communal leaders, who possibly have never visited Gyan Vapi yet want to make capital out of it. Hence, their claim is patently false and should be rejected and dismissed by the Muslims of Varanasi with vehemence. There is hardly any doubt that innumerable historical wrongs have been done by the Muslim tyrants. They had no respect or sympathy for the peace-loving public. They indulged in pillaging, looting, raping and killing indiscriminately men and women. In the name of Islam, they committed such horrific crimes as to scar humanity with shame permanently.

  Go to any place in the country and the barbarity of Muslim rulers is all visible there. What is most surprising is that those whose ancestors were converted to Islam by force, fraud and inducements are not even ready to retribute and condemn them. Any problem with a temple or mosque cannot be resolved through litigations in the courts. but by reconciliation and negotiations. Solutions obtained through courts will not last long but that will widen the gulf of mistrust between the two communities.

  The governments(s) should also promote helping different communities solve their religious problems with mutual understanding, logic and in a realistic manner.  It will be helpful in isolating those leaders who are spewing venom day and night. Verily speaking, the religious problems of some places like Kashi, Mathura, Ayodhya and Dhar (Madhya Pradesh) should have been given to Hindus long back and that would have set a sterling example of peace, tranquillity and harmony in society leading the country on the highway of progress.  

 

 

 

 

Tuesday, May 17, 2022

Not Sedition Law but its Misuse be Stopped

      

  It is an oft-repeated statement that the Supreme Court of India is Supreme, not because it is infallible but because it is final.  While hearing the constitutionality of section 124 A of the Indian Penal Code, which relates to the offence of sedition, the Supreme Court has put its operation in abeyance till it is reconsidered by the government of India to which it has agreed. With all humility and respect, I feel that this interim order of the Supreme Court is unjustified. There are no two opinions that civil liberties are to be balanced with the security of the state. The Union Home Secretary has already stated on oath that no FIR involving sedition would be registered until an officer of at least SP rank records in writing his/her satisfaction.

    After all, how are you going to deal with such people who openly shout slogans and provoke the public to rise in revolt against India till its Barbadi (ruination)? Or 'Bharat tere tukde honge hazar' (India will splinter into thousand pieces) or ‘we must cut the chicken neck of India so that the supplies to the north-east are stopped and it can be separated from the rest of the country?  Can these be allowed in the name of freedom of speech and expression under Article 19? What justification can be given to those who say that the Bombay blast was the handiwork of Indian forces, that too without even an iota of proof or evidence? Is there any doubt about the malafide intentions of these persons who make such irresponsible statements?

  Sedition law is more than 150 years old as this section was included in the IPC in 1890 and like any other law, it must also be changed to keep pace with times but not without visualising the challenges that may arise. Obliterating any law from the statute on the ground of it being of the colonial era is no plausible reason. By that logic, the bulk of IPC, CrPC and CPC is of the colonial era, can they also be done away with? When the offence of the sedition was introduced, the punishment prescribed was transportation for life which was amended to life imprisonment in 1955. In the pre-Independence era, this law was used to stifle political dissent with cases lodged against Bal Gangadhar Tilak, Annie Besant, Maulana Azad, Mahatma Gandhi and many others. The legacy of this law in India comes from England. But citing its chilling effect on freedom of speech and expression, it was repealed by the United Kingdom in 2009. The Constituent Assembly debated this issue in great detail. Some considered it a restriction on the fundamental right to freedom of speech, but the majority did not subscribe to this view

    After Independence, a five-judge Constitution Bench upheld the constitutional validity of 124 A in Kedar Nath Singh’s case, but it left some ambiguity between the State and the Government. In fact, it is very cogent reasoning that criticism of the government cannot be labelled sedition. There is a big difference between sedition and treason, while treason is justified, sedition is indefensible.  There is no doubt that sedition law is draconian but removing it lock, stock and barrel from the statute book will help only those who have anathema for the unity and integrity of the country. 

In the Kedar Nath Singh judgment, the Supreme Court had issued certain guidelines underlining when critical speech cannot be qualified as sedition. Therefore, the need is to stop the misuse of law, which is found in the case of many other laws. To top it all, the judicial system must keep a smart vigil on false cases by way of early relief and punishment to those who misuse the law.

 

Monday, May 9, 2022

              Remove Encroachments to Make a Place Liveable

    There is nothing to be surprised at in the way anti-encroachment drives at Jahangirpuri and Shaheen Bagh of Delhi were stiffly opposed and ultimately stopped.  Encroachments of public lands have been a very common and profitable business for politicians, police, and other civic authorities. It is done with the complicity of all.  At the outset, illegal colonies are allowed to come up by taking a certain amount of money from the settlers. Some mafia dons even take contracts for such illegal settlements, they share the money with politicians, police, and the minions of the corporation. Most of the settlers know it very well that even if they are uprooted, a piece of the free plot of 12 to 18 metres in any authorised area is assured for them. Thus, scores of resettlement colonies came up in Delhi some thirty years ago. These illegal settlers were helped by some NGOs, mostly foreign-funded.

  Soon thereafter, private players having political patronage emerged. They started purchasing agricultural lands in the outskirts of Delhi to be sold to individual purchasers in different shapes and sizes resulting in the haphazard growth of unauthorised colonies. The land use was changed. Once the area was inhabited, the pressure gets built up by all parties to legalise them for the sake of votes. This vicious circle helps all crooked players to the disadvantage and inconvenience of peace-loving people.

   This is the reason that even today basic facilities are not available in unauthorised colonies. Every inch of land is sold out by the land sharks leaving no space for the hospitals, police stations, post offices, schools, markets, or parking spaces. So much so, that in such unauthorised colonies, streets for public use are left so narrow that no ambulances or fire hydrants can move at the time of any emergency. Parks and walking tracks are unthinkable.

  What to say of the unauthorised colonies even in planned colonies roads and streets are illegally occupied with gay abandon causing huge discomforts and difficulties to the people. Once, the late Jagmohan, who was the Urban Development Minister in the Vajpayee government started the anti-encroachment drive in Delhi, but he was fiercely opposed by all corrupt politicians. He was unceremoniously dropped from the cabinet, which was celebrated by the devotees of corruption, regardless of party affiliations. But what can be done when it is as clear as daylight that these encroachments are done with the complicity and connivance of the corrupt politicians, police and MCD personnel? It is, therefore, no wonder that all corrupt persons have got united against any encroachment drive in places like Jahangir Puri, Shaheen Bagh, or Sangam Vihar.

   One can find thousands of Rohingyas and Bangladeshis, who have built their houses in various public places in the city. They are being given all facilities, almost free, at the cost of the public exchequer. Some of them shamelessly boast to be sons-in-law of India. The modus operandi is the same old one. At first, the demands are made to give them shelter on humanitarian grounds, then they get ration cards, and thereafter they are wooed for votes. Then communal politics comes into full play. If some steps are taken against them, then those who are experts in sophistry will ask why they were allowed to encroach in the first place? Their questions appear to be genuine but that is meant more to confuse and entangle the problems rather than provide the solution.

  Therefore, while removing the encroachments, it must also be ensured that those who were responsible for them and in whose time and tenure, they took place, should be imposed exemplary punishments so that it is not repeated in future. After all, it was a crime by them, therefore, they can be tried anytime as the 'crime is never barred by the limitation act'.

Sunday, March 27, 2022

India has Set an Example in Handling with Natural Calamity


  When the lockdown was declared for the first time in March 2020, some biased journalists were in the front to mock and ridicule the Prime Minister for taking such a step. These journalists relish in anti-Modi stories and find fault in him, where there is none. Obviously, these journalists are either being funded by some foreign forces, which are inimical to India in general and Modi in particular. They are so powerful that with the active support of some forces they can capitulate any government with their orchestrated echo system.

  There used to be regular debates on many TV channels, where all the time government was blamed to have not preparing contingency plans to deal with the pandemic. On NDTV, its proprietor-editor used to anchor a programme on the calamity of the Corona and had made it a point to always take an anti-government stand on the issue of handling Corona. All debaters, including some Doctors, used to agree on one point that ‘more people would die of hunger than Corona’. Now after two years one finds that these prophets of doom have been proved wrong. They look forlorn and depressed.  Deft handling of the grim situation by the government has shown to the whole world that not even a single person died because of hunger or starvation. The entire world has seen with wonder and amazement the way the Indian Government pulled all socks to face the pandemic and emerged much stronger. The free ration was provided to eighty crore populaces, month after month during the Corona, which staved them off the death from starvation.

 However, the latest and the first decision of the 2-0 Yogi government to continue to distribute free ration for three more months to over twenty crore people of Uttar Pradesh is not good for the state. The situation has returned to normal, and the Corona cases have come down next to nil therefore, the free ration supply could have been stopped. Harvesting of Rabi crop will start in another fortnight and the farmers will have enough food grains in their homes, so, the free ration supply could have been extended, at the most, for one more month. Freebies are good to tide over a crisis, but it should not be made a norm because people become lazy.

 Think of the days of March 2020, when everybody was scared. There was an acute shortage of masks, sanitisers, which are now available in plenty. Apart from it, the government asked the pharmaceutical companies to produce enough medicines to be distributed among Corona patients. Our scientists developed the two most effective vaccines in record time, which could not have been possible without the support and encouragement of the government. The country certainly suffered the crisis of Oxygen during the second wave of Corona but that was also solved on a war footing. Thus, the sterling performance of the government in handling the Corona cases won all-around accolades and appreciation for it. It was reflected in the recent assembly elections, particularly in Uttar Pradesh, where the Yogi government registered the spectacular victory.

  The biggest causality during the Corona has been the media. The damage has been caused to the profession by the paid journalists, who were overactive in spreading false and fake news to defame the government and demoralise the people. Some journalists and most of them were unemployed UTubers, who had made it a point to report against the government what may. Many of the well-known faces took the mikes in their hands and shamelessly ran the anti-Modi agenda and interviewed only those people, who have been supporters of any political party. A lady journalist, who is known for her wheeling and dealing in the UPA government and was awarded Padma Award, took a mike in her hand and started inciting the migrant workers to move away from the places of their work to their home villages. The reason for it was given since they had nothing to eat, therefore they were moving away from the places of work. She forgot the fact that the government did not waste a day in declaring the relief of free ration to one and all. Such journalists were responsible for creating chaos and anarchy on the roads, knowing fully well that trains and buses were suspended during Corona. Without losing any time, however, the government made arrangements for the buses to transport the migrant workers to their destination free of cost.

  Another remarkable decision of the government was to distribute free ration across the board, without any discrimination on the ground of the region, religion, or caste. It will not be surprising that the Muslims have been the biggest beneficiary of the free ration and many other schemes like Ujjwala, Ijjat Ghar Yojna or PM Awas Yojna. It is a different matter that the anti-Modi and Yogi feelings have been drilled in their minds to such an extent that they still remain their worst critic for no rhyme or reason.

  When the Pandemic Corona has badly broken the economy of most developing and underdeveloped countries, India has set an example for the whole world as to how to handle a natural calamity.

Friday, March 25, 2022

Paid News Peddlers have Damaged Credibility of Profession

  It hardly needs to be said that social and digital media have grown beyond all proportions in the last nearly two and half decades, due mainly to the easy availability and connectivity of the internet in all nooks and corners of the country. The speed has gained further momentum in the last decade. Another reason for its popularity is that it is not limited by any geographical barriers or time zones. It can be reached from one corner of the world to the other in a moment.

 Moreover, it is empowering in the sense that anybody who has to say or inform anything to anyone can do so without any let or hindrance. This is inexpensive also in comparison to the traditional media.  However, this media has not been accorded the same importance as it is normally given to traditional media. A few years ago, while hearing the case of Sahara India Pvt Limited in the Supreme Court, the then Chief Justice of India, Justice SH Kapadia dismissed social media (not digital media) as Bazar- gossip, which should not be given much importance. Little did he know then the enormous power and potency of social media.

Having said it, this also has to be borne in mind that social media has created a huge deficit of credibility in society. Since there is no effective mode to check the veracity of what is being spread, the unscrupulous people keep on posting the fake news, more with the intent of spreading rumours than with disseminating any credible information. Credibility is the soul of media and in its absence, it becomes a dangerous tool in the hands and minds of its operators.

The golden principle of journalism has been to inform, to educate and to instruct/ guide the people, when the need arises, but in the era of unregulated social media, all its objectives have been thrown to the wind. What has been the cause of the deep concern for the people is how the social media- Facebook. Twitter, Instagram and YouTubes- have been misused during the recent elections in five states- Uttar Pradesh, Uttarakhand, Punjab, Manipur and Goa. The disgruntled media persons, who were thrown out of their media organisations started their own ventures by taking hefty amounts of money from the corrupt politicians.

It is said that some so-called journalists made hay while the sun of elections was shining. They peddled all cook and bull stories to please their political masters. They did not have any qualms or hesitation in selling their souls, little realising that they might make some easy bucks by working overtime for some leaders and parties, but they will never be believed or relied on anybody in the future.

These reckless U Tubers and warriors of Facebook were ceaselessly drilling fake stories in the minds of the electorates that the BJP was doomed and there was no chance of the party returning to power in any of the States. As far as Punjab was concerned, almost all of them had predicted for Hung assembly. But the Voters have shown them the way and did not believe, even a whit, in what was being presented day and night. Voters developed their own parallel source of information.

The positive side of it has been that the people have identified these paid media persons and no amount of false peddling of news is going to help them or those politicians who have been liberally opening their purse strings for them. This is high time the government must take some initiative to regulate social media for the credibility of the media persons and the profession.

 

 

Saturday, March 19, 2022

Social Media: Empowering and Leveller Requires Regulatory Measures

          

  A few days back Congress leader Sonia Gandhi read out a statement in the Lok Sabha about the negative role being played by social media like Facebook, Twitter and Utube etc.  In fact, social media has been spreading all sorts of concocted and baseless stories more against the ruling dispensation than the opposition parties. Social media in India has been known to be Hindu phobic but that does not mean that it should be subjected to a blanket ban. Every type of mass media, be it electronic, print, digital or social is susceptible to misuse and that has been happening for a long time. Therefore, some regulatory measures would be welcome to make it more responsible and accountable. However, if we compare the advantages of social media it outweighs by far more than the disadvantages. The biggest advantage of social media is that it is the best leveller, and it has empowered the common and deprived sections of society. Before the advent of social media only those having access could enjoy or relish the fruits of the freedom of expression but now even a poor person, without having any resources, can create sensations, thanks to social media.

  The credit for it goes only and only to the Technology, not to any person or government. In fact, the whole world has changed after the invention of GOOGLE. Thus, the Media is divided between – Before Google (BG) and After Google (AG).  Think of any subject of the world and plenty of information about that is available on Google, that too, in a jiffy. During the recent elections of UP and other states, we have seen that every Tom, Dick, and Harry became a journalist and was not preparing the news as it was but as per the dictates of those, who paid them. Many of these flies by night journalists, without any training or ethics, were bribed to prepare the reports,  to the likings and benefits of their paymasters.

    Because of the proliferation of social media, some anarchists have found their easy tools to create confusion. This media was also able to a great extent to sway even the mainstream media is playing up the communalism and casteism. Regrettably, the issues which should have been discussed by the media were ignored mainly because of the corrupt media. It is always easy for politicians to purvey lies through social media than any other media.

 Be that as it may, it must be said in the same breath that in this era of powerful social media, it is easy to spread fake news. But it is equally true that fake news can also be exposed with Godspeed provided proper regulatory measures are framed.  

 

Tuesday, March 15, 2022

Nitish Kumar Must Apologise to the speaker for his Uncouth behaviour

 

 It was a very sad and unfortunate spectacle to see the Bihar Chief Minister Nitish Kumar livid with rage against Assembly speaker Vijay Kumar Sinha yesterday on the floor of the House. Nitish Kumar is known for being a sober politician but the way he behaved with Speaker Shri Sinha was reprehensible, highly unbecoming of the leader of the house and deserves to be condemned in the strongest possible terms. In fact, after the verbal humiliation that was heaped on him by the leader of the house, Shri Sinha has lost all moral authority to continue in the post he is holding. If he has even an iota of self-respect, he must tender his resignation from the post of the Speaker. It is being reported that terribly hurt by the insult, he did not attend the house today. 
Why was Nitish Kumar so provoked and enraged that he forgot the basic courtesy towards the Speaker and started openly fulminating against him despite many requests from him to calm down and listen to him? Nobody knows the exact reason for losing his control but it is certain that Nitish Kumar has done irreparable damage to the institution of the Speaker. Shri Kumar was visibly shivering with rage against the Speaker but that is not done in a democratic set-up. Even if Shri Nitish Kumar had any grievance against Shri Sinha, he should have privately discussed the issue in the chamber of the Speaker and resolved the same. In fact, in Parliamentary democracy, the Speaker of either the Lok Sabha or assemblies is the highest authority of the house as he/ she presides over the meetings and is the custodian of the House. The highest respect must be shown towards any Presiding Officers even if he/she is not the Speaker or Chairperson of the House. Anybody, howsoever high and mighty he/she may be is expected to show respect to the post of the Speaker/ Chairperson. The Speaker of the Lok Sabha is elected under Article 93, and he/she can be removed by resolution under Article 94 of the Constitution. Similarly, the Speaker of the Assembly is elected under Article 178 of the Constitution of India and can be removed by resolution under Article 179 of the Constitution.
The Constitution provides the highest dignity to the office of the Speaker. So much so, the Speaker can haul up even the judges of the High Court and the Supreme Court if any impeachment proceeding is initiated against the Justices. The speaker cannot be summoned by any court of law. The historic cases of 'Keshav Singh of UP Assembly' or 'Pandit MSM Sharma versus Sri Krishna Sinha and another' have clearly delineated the powers and privileges of the Speaker.  In the recent past the then Speaker of the Lok Sabha Somnath Chatterjee had refused to even accept the notice of the Supreme Court in the petition filed in the Raja Ram Pal Sigh case related to the disqualification of some MPs. Thus, the primacy of the office of the Speaker in the Lok Sabha and the Assemblies is undisputed and beyond any reproach. 
It is very strange that Nitish Kumar who has a very long parliamentary career was yesterday behaving with an Assembly speaker like a cheap and rowdy politician. The least that he can do now is to restore the dignity to the office of the Speaker by publicly apologising to the Speaker on the floor of the house and instead of washing the dirty linens against any constitutional authority, he must set an example of equanimity by paying respect to them at least in public.