Friday, August 24, 2018

Why India can't give away Kashmir - Quora Question



Q: What is the reason of India for taking Kashmir?


A: Kashmir is the fountainhead of Indian civilisation approximately 5000 year old.

Kashmir's Saraswat river from whose banks all Bramhins of India are originated. All Gaur Saraswat Bramhins & many Bengali Bramhins originate from Kashmir. Rajtarangini is the historical literature that supports the above.

Name Kashmir not changed for last 5000 years. Nilmat Puranas is a product of Kashmir. Panini's the Great Sanskrit grammar was written in Kashmir. Compared to this the name Gujarat of PM Modi's state is only 57 year old.

India cannot give away its source of civilization. Every Kashmiri in Kashmir were Pundits & now converted to others with time. So there is genetic connection with the rest of India.

Kashmir wants freedom is a purported lie generated, fact is Kashmiris want India's culture, tradition, secularism, democracy, this demonstrated through demand for Panchayati Raj in Lalchowk, Srinagar in 2018. Kashmiris wishes to be part of India's success story & not be a part of any kind of theocratic failed state. Kashmir's Constitution written by Kasmiri themselves starts with line “ Kashmir is the integral part of India”

Most of the Maulavis & Maulanas in Kashmir valley are outsiders mainly from Bihar, Uttar Pradesh.

Instrument of accession signed by Maharaja Hari Singh of Kashmir in 1947 clearly acceeds to India duly countersigned by Lord Mountbatten, this is rare example of countersigned accession out of around 600 princely states that ceeded to either of the two dominions of India or Pakistan. That Maharaja of Kashmir had option to remain independent is a lie & there is no such provision in either Gov't of India Act 1935 & Indian Independence Act 1947. Princely state should accede to either of the two dominions is the provision. On top of it dominions had the right to capture any princely state through force. That's what happened to Hyderabad.

Hence nothing should be imposed on Kashmir except their own free will.

No external aid is necessary for furtherance of Kashmiri cause. Kashmir with developmental efforts by India in Kashmir will become one of the best state in India. Late Atal Bihari Vajpayee has declared way back in 2002 to implement Jammu Ladakh all weather Rail & Road link as national project. Rest of India vows to make Atalji's dream a success of Kashmir as one of Insaniyat, Jhumuriat & Kashmiriyat.

JaiHind



Is BJP / RSS represent Hindu extremism Quora Question


Calling RSS and / or BJP Hindu extremist group without sound admissible evidence attracts criminal defamation & may lead to life imprisonment.

Extremism & Terrorism are intensely violent terms & better be avoided being used in ordinary course of conversation. To understand the terms Terrorism / Extremism please read here

BJP is the World's largest political entity & RSS is the World's largest Social organisation. Let us not go too far back into the history of India, like Indo-China war of 1962 where RSS fought alongside Indian Army & in 1963 Nehru invited RSS in the Republic day function!

Let us therefore analyse the most current natural calamities in India the one of #KeralaFloods, wherein RSS volunteers taking risks of their own lives rendered selfless relief services.

Recently RSS were there in Nepal Earthquake, Chennai Floods, Kashmir Floods: which Terrorist or extremist organisation gets involved in relief & rehabilitation works? Anyone can show any credible evidence of Al Quida, Jaish e Mohammad, Laskar e Taiba, ISIS involved in any kind of relief & humanitarian work? Rohingya refugees are also not being extended any help by Pakistan etc.

Now RSS has built Swami Vivekananda memorial at Kanyakumari by collecting private funds by its celebrated Swyamsevak Late Eknathji Ranade. Which extremist organisation is found in building national monuments? On the contrary it is the Dharma(धर्म) of the extremist organisations to destroy historic monuments.

RSS believes in वसुधैवकुटुम्बकम् सर्वे भवन्तु सुखिनः सर्वे सन्तु निरामयाः। Please read former President of India's tweet as below of what he perceives about BJP, RSS Nationalism :-


Pranab Mukherjee
✔
@CitiznMukherjee
My Address to the Pracharaks on Nation,Nationalism & Patriotism. Indian #Nationalism emanated from "Universalism", the philosophy of वसुधैव कुटुम्बकम् & सर्वे भवन्तु सुखिनः
सर्वे सन्तु निरामयाः
Our national identity has emerged through confluence, assimilation & coexistence.

8:18 PM - Jun 7, 2018
13.7K
5,480 people are talking about this
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According to Supreme Court in 1995, on the Landmark Judgment on Hindutva, is that “Hindu is not a religion but a way of life & state of mind” & all Indians are Hindus, irrespective of their religion.

Dharma (धर्म) is not religion but a duty, responsibility, righteousness, rule of law towards the environment where you negotiate yourselves everyday.

Therefore, Indians will be passionate, patriotic & nationalistic about its own country भारतवर्ष or Bharat or India, that can't be equated with Hindu extremism.

Yes agreed, there is a national movement, there is uprising of national consciousness to one of peace, prosperity, unity integrity & huge resistance to invasion on our culture, traditions, territory.

If that is being branded as Hindu extremism by ISIS propagandists then, let it be,

JaiHind

BharatMataKiJai

VandeMataram

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Monday, July 17, 2017

Protect Cows or Slaughter them?






While being in nursery and primary school, the “Essay on Cow” used to evoke great humour among teachers as they often alleged that whatever you ask your student to write, ultimately they get back and resort to one of the easiest thing in the World to write, “Essay on Cow.”


Today after four decades of schooling, the same “Essay on Cow” has assumed different dimension, making me to write yet again with forty years of experience!

It all used to start with “Cow is a domestic animal it has four legs and so on and so forth…… Those days nobody ever imagined cow to die and never talked about it, but today we want to decide whether it is right to slaughter it or not.




Dictionary meaning of “Slaughter” is brutal or violent killing by butchering.


The act itself speaks of great deal of violence or use of disproportionate use of force to ensure end of a valuable life on earth.

The life, one is able to end of the other due to physical, intellectual & circumstantial dominance in the course of bio life cycle and the victim or the prey is a mostly subdued, easily controllable being and vulnerable due to situation created by the violator.



If the slaughtering activity involves human beings with killings performed against one human being by another, it is viewed as crime in World over with no exception.

Now, is the life of an animal is more important than that of a human being, if not equal? The Supreme Court of India has held that right to life of animals need to be elevated with the right to life of human beings during delivery of the landmark judgment of Animal Welfare Board of India vs A. Nagaraja & Ors.(2014)

Apex Court directed Government to elevate rights of animals to next level & equate with Humans right to life in accordance with Article 21 – “Right to Life” of the constitution. (#1)

#1. https://indiankanoon.org/doc/39696860/ &

#1. http://roundup.manupatra.in/trans/viewdoc.aspx

Protection of species and bio diversity is an essential ingredient for sustenance of the environment and lives that exist on Earth. Every life has some contribution or the other in maintaining ecological balance. It is every man’s duty to protect the environment. Vedas vehemently advocate the cause of protection of the environment, biodiversity for easy sustenance of human life on the Globe for better.(#6) Many Indian tribal groups worship nature and find deity in jungles.


#6.http://shantanuc1985.blogspot.in/2016/09/environment-dharma-constitution-of-india.html


This subject matter is a great issue in controversy currently within Indian Union and elsewhere in the World and diaspora of the Indian Subcontinent residing across the globe is closely watching developments in popular terms known as the “Beef Ban”. Complete ban on any food fit for human consumption prima facie appears unjustified as food choices of humans cannot be restricted arbitrarily and whimsically without following due process of law.

Was this done to ensure complete ban of Pork meat in Jammu & Kashmir?

Slaughtering of animal whether it is a Bovine species or not (in which the Cows fall) for that matter any other animal, is it justified for the sustenance of the mother earth?

Is consumption of cow’s meat or beef required to maintain ecological balance?

Do protection of Cows serve any humanitarian or environmental purpose, is it required and to what extent? Is the requirement is one of prohibition, restriction or control?

Let us examine the matter in detail so as to arrive at some kind of scientific and logical conclusion.



Cow & Environment


Beef eating has impact on the environment; beef production requires much more water, land, abundant flora and manpower to produce equivalent calories of the alternative food stuff. Beef production and consumption demands deforestation, triggers carbon emission far in excess of car use.


The recent study of British people’s diets was conducted by University of Oxford scientists reported in The Guardian newspaper UK, found that meat-rich diets - defined as more than 100g per day per capita consumption - resulted in 7.2kg of carbon dioxide emissions. In contrast, both vegetarian and fish-eating diets caused about 3.8kg of CO2 per day, while vegetarian diets alone produced only 2.9kg. (#2)

#2.https://www.theguardian.com/environment/2014/jul/21/giving-up-beef-reduce-carbon-footprint-more-than-cars

Beef’s environmental impact dwarfs that of other meat including chicken and pork, new research reveals, with experts saying that eating less red meat would be a better way for people to cut carbon emissions than giving up their cars.

In the UK there is legislation and target to control zero net deforestation due to cattle production and consumption. Excessive cattle production for slaughtering leads to deforestation (#8) and disturbance of the ecology and encourages carbon emission, which is detrimental to the environment.

#8. https://www.tescoplc.com/tesco-and-society/reports-policies-and-disclosure/beef-policy/



Cow & Children


Most of us grew drinking cow’s milk after the period of mothers breast feeding was over (for the fortunate ones). Otherwise life as a child started with drinking cow’s milk which is considered as the complete wholesome food for the child’s gastro ingestion capacity.

Cow is a vegetarian domestic animal, consumes grass but produces wholesome food as milk. Cow’s meat is the most iron rich edible food available on mother earth. If we consider input versus output philosophy, it is a grossly disproportionate production with much inferior input; the output is much superior in nature in terms of human use nonetheless. This has something to do with weird physiology of Cow, worthy of worship. That itself is wondrous phenomenon, isn’t it?


We take food in whatever from we like but once ingested it becomes part of our body, the same mango eaten by one men and the other women becomes male & female gender on ingestion, depending upon who is consuming; that means the food stuff selection has to be done with extreme care and attention, as it becomes part of our body cells and part of our life cycle.

Nature of food consumed dominates our state of mind and determines the character that we display. There is a school of thought that consumption of onion & garlic causes mind to flicker. Consumption of non-vegetarian food obtained by violent means produces violent tendency. (#7) The food habits build up the Child’s character.

#7.http://shantanuc1985.blogspot.in/2014/11/whats-fuss-about-veg-v-non-veg.html

Cow’s milk therefore assumes great importance in building up the generation and one phenomenon that we have recently observed that in urban areas the children get the eye spectacles early and it may be because of various factors adverse to child’s health and one of which may be due to lack of good quality cow’s milk which ensures all round development of the child and prevents overall nutritional deficiency of any kind.




Cow & Statistics


Have presented the following table which represents the human population as per the census of India data and cow population as per the official report published by the national diary development board (NDDB), Anand, Gujarat, India; (#3) if you closely notice that the population of cows are dwindling compared to exponential rise in human population of India. The ratio is becoming skewer and skewer day by day and it may be already a cause of great concern for the last three decades or so. But anybody have been heard to express apprehension about this, may be it is not part of lutyens secular agenda!

#3. http://www.nddb.org/information/stats/pop



What is means that there is less number of cows producing milk in proportion to children born, so there is a huge demand versus supply imbalance with more children seeking milk and less cows producing milk with every passing day. This may be cause for availability of adulterated food stuff including impoverished milk for children.

There is one more startling fact that since 2015 India has become the largest beef exporter surpassing Brazil. (#9) What policy has led to this situation is a matter of research, some other time.

#9. http://time.com/3833931/india-beef-exports-rise-ban-buffalo-meat/



The ratio of Men Versus Cow in India was 1.7 that is there was 1 cow per 1.7 Men in 1951 but the same has dwindled to 1 cow per 4.5 Men in 2011. Cow population is falling drastically, particularly in last three decades under consideration (see graphical representation below).

Cow population remains stagnant whereas the human population shows exponential rise.

All these means that cow is slaughtered in great adverse proportion to export beef from India and to cater for domestic consumption and Cow population is not allowed to grow in proportion to rise in human population, so as to maintain balance.

There is drastic per capita fall in cow population as per the Government of India approved data. This is certainly not a good positive sign and therefore will speak of environmental imbalance including acute milk shortage.



Cow & Religion

Cow is held in high esteem in Indigenous Religions. Sometimes it happens that domestic cows on whose milk the children in the family grew up and even the elders drink as a major source of notorious food automatically develops an emotional bond with the Cow. If something unfortunate happens in the family, the cow also displays deep sad emotional expressions and vice versa. Since the Cow provides for the milk it is given the position of next to mother and called Gau Mata (Mother).


Cow is worshipped in Sanatana Dharma religion in various occasions and it is held a special place with great proportion of sentiments attached. The religious sentiment in favor of cow protection is old, widespread and deep-seated. Since it is worshipped as mother, Hindus don’t kill the same cow for eating its flesh, as killing mother or life provider is regarded as highly immoral act.

Therefore, in festive seasons cows are ornamented and garlanded with flowers and given red vermillion marks on forehead. Thereafter, Cow is worshipped in traditional style with pomp & splendor.


The protection of cow is a question of not recent phenomenon but long standing one in this country. Great importance has been attached to this question from the time of Lord Krishna. Hindus belong to a family which worships Lord Krishna as Ishtadev. Lord Krishna has a very close relationship with Cows and sometimes termed as ‘Makhan Chor” or stealer of butter produced out of cow’s milk. As any religious minded person will have no respect for those people whose attitude towards their religion and glorification of cow is one of contempt?

Indians worship cows with great fervor and festivity and as a footprint there are many famous Cow temples; Chamundeswari Temple in Mysore, Karnataka is one such example.




Srimad Bhagavad Gita in Chapter 18 Verse 44 speaks of protection of cows which is assumed to be a text of around 5000 years old. Gau Raksha means protection of cow and it has been made a duty of a particular Varna which denotes part of their profession to be performed religiously.







Cow & Cow products


Cow products are milk and other milk derivatives like Yogurt, Cheese, Butter etc. Various advantages of cow’s milk have been greatly dealt with in previous paragraphs and also in the following sub-heading.

Beef on the other hand is the meat product. Beef has certain advantages, as it is the best iron rich food available and is good for consumption amongst iron deficiency anemia patients and women.

Beef is considered as red meat and doctors advise avoidance of red meat as it contains large amount of fat and causes hardened arteries, an adverse medical indication in coronary heart disease patients, (Blocking of veins and arteries).

If the beef obtained is not by hygienic means then the consumption cause skin disease, other gastro-intestinal complications. Processed meats contain preservatives and toxins and research and found it to be cause of cancer. You can observe the lineup of patients outside any clinic in Maharashtra, Gujarat, West Bengal, Kerala or anywhere in India, you will find population of certain community generally dominate the patient lineup.



Cow Milk & Nutrition


Cow’s milk is the best source of wholesome food and is better than all other available alternatives.(#4)

#4.http://www.healthline.com/health/milk-almond-cow-soy-rice#Overview1

The above link will provide information about the nutrient value of Cow’s milk. Cow’s milk contains calcium which promotes bone growth, besides have natural proteins, vitamins and minerals. Cow being a vegetarian itself, the chances of contamination of toxins is very low. Cow depends upon grass and leaves of various plants and it is assumed that Cow’s milk is very pure and pristine, provided modern precautions are taken in the form of pasteurisation.



Cow & Price


During this research and study have found that the price of Beef is higher than Chicken in Pakistan and Mutton price being the highest. However, in India Beef prices used to be half of chicken prices. Beef, Chicken & Mutton prices are in ascending order in India. Why beef is cheapest form of meat product particularly in India and not elsewhere is a matter of research again.

Beef prices at Tesco, London, UK are 8 to 10 Pounds per kg, Chicken is 3 to 6 pounds per kg, Lamb or Mutton 8 to 14 Pounds per kg. So you would note that beef is not cheap like India and almost 8 times the price. Beef and lamb prices are almost equal, chicken is cheapest form of meat. This may be due to beef available in the TESCO stores in the UK are absolutely safe, hygienic and free of contamination.



Cow & Law


Now what are the laws of the land and Indian Constitution say about cow, its protection or its slaughtering.

There are laws enacted in the Constitution of India which are very cardinal in nature speaking clearly the Grund Norm position on Cows and other animals. The following two articles are of great significance. Article 48 is part of Directive principles of State policy now but this cannot be enforced by the court of law whilst states have discretion to implement. It was originally supposed to be placed in the fundamental rights Part III, in which case it would have been enforceable in court of law by every citizen but in the constituent assembly debates prior to constitution making by the founding fathers of India, it was sacrificed by Hindu legislators. Article 51A(g) an amended provision enacted post-independence is the fundamental duty of all citizens of India.


Article 48 states “Organisation of agriculture and animal husbandry, The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.”

Article 48A states “Protection and improvement of environment and safeguarding of forests and wild life, The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country”

Article 51A(g) states “Fundamental duty of Citizens to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”

The current position of Cow legislation in India is depicted in the following picture on Indian Map, red areas are the states where some form of the beef regulation exists and in blue areas there are no significant law controlling the production and consumption of beef. Majority of the Indian states have laws prohibiting cow slaughter including Jammu & Kashmir.





The following link explains the same in details.

(#5) http://indianexpress.com/article/explained/explained-no-beef-nation/



Many questions of law and facts arise time and again while going through the entire gamut of legislations and constitution of India.


Question No. 1: Is it the duty of the Gov’t to decide what people should eat? Does Gov’t action have taken away the citizens’ fundamental right of choice and the right to be left alone as per expanded meaning of “Right to Life” – which is embedded in Article 21 of the constitution of India?


The right to privacy to eat food of its own choice or right to live meaningful life is not the prerogative only of meat eaters. Those who worship the cow and its progeny and those who are dependent upon the cow and the cow progeny for agriculture and the like, have also a right to live a meaningful life. Their right to live cannot be taken away to satisfy taste buds of few individuals who are in minority.

The right to life is far superior to the right to kill.

Right to possess beef and to eat beef can by no stretch of imagination be termed as a fundamental right. Beef eaters have many other alternative choices of meat like chicken, lamb, pork whereas; the farmers/cow worshipers/persons who are dependent on the cow and cow progeny have no other alternative. It is most humbly informed to the readers that the right to choice of food cannot be termed as a fundamental right. The depleting population of Cows since Independence as graphically represented in the foregoing paragraphs is an issue of alarm.


In view of the foregoing it may be justified that the constitution of India which is a Grundnorm, that is mother of all laws and Fundamental rights of the citizens read in conjunction with the Directive principles of state policy and driven by it, made some of the States to enact Cow protection legislation as a part of Directive principles of State policy and is not infringing fundamental rights of the citizens of India.




Question No. 2: Controversy over the Beef Ban imposed by Maharashtra State, where the reverse burden of proof cast upon the accused to show that he is innocent if found in possession of beef. Does it violate the general presumption of the law that “accused being innocent until proven guilty”?


State of Maharashtra came under severe criticism on enacting the statute of “Beef Ban” and following are compilations of the arguments given by the state in various public interest litigations and writ petitions filed in Bombay High Court.


a. Unless the State establishes the basic fact that the meat is the product of illegal slaughter within the State and that the person found in possession was having the knowledge of the said fact, Section 9B will not come into picture. Bombay High court further delivered a judgment that meat can be consumed in the state provided that the same is imported out of the state.


b. Reasonableness of the amendment has to be judged not from the view point of citizen who may be objecting to the restrictions but from the view point of the object which is sought to be achieved by the Statute. There is nothing wrong with the negative burden imposed by Section 9B which is brought on the Statute Book by the Amendment Act as such negative burden can be found in several Statutes including Section 57 of the Wild Life (Protection) Act, 1972.


c. Section 9B cannot be read in isolation. A conjoint reading of Sections 9A and 9B make it clear that in a trial for an offence under the impugned Act, two foundational facts will have to be established by the prosecution viz., (a) the flesh is of an animal protected under the Act and (b) the accused is found in possession of the same. Once these foundational facts are established, only then the burden will shift on the accused to show that the slaughter etc., was not in contravention of the provisions the impugned Act. The possession contemplated by Sections 5C and 5D will have to be conscious possession.


d. As far as the challenge to Section 9B is concerned, presumption of innocence is not a fundamental right guaranteed by the Constitution. Several penal statutes which provide for reverse onus clauses like Section 9B.


e. The possibility of a legal provision being misused is no ground to hold it unconstitutional. Presumption of innocence is not a right guaranteed by the Constitution and cannot per se be extended within the purview of freedom of life and liberty guaranteed under Article 21 in all cases in omnibus manner.


f. Though the right to a free and fair trial is an important right in the criminal legal system, such right cannot include the right to presume innocence for any activity termed as crime.


g. The rule of reverse burden of proof, or, in other words, shifting of the burden on the accused to prove innocence, is not foreign to Indian legal system. Several enactments such as Essential Commodities Act, 1955, Narcotic Drugs and Psychotropic Substances Act, 1985, Wild Life Protection Act, 1972, Foreign Exchange Regulation Act, 1973 and Foreign Exchange Management Act, 1999, Food Adulteration Act, 1954, Customs Act, 1962, etc. where burden to prove that his act was innocent and not in contravention of the penal provisions in the relevant Act has been shifted or cast on the accused. On the judgments of the Supreme Court in Noor Aga vs. State of Punjab the apex court supports of validity of casting of such reverse burden, where the convict was carrying banned narcotics, while flying in from abroad.


h. Section 9B comes within the exceptions to the general rule requiring the prosecution to prove every element of an offence beyond reasonable doubt. The facts required to be proved by the accused for discharging the burden within the meaning of Section 9B are especially within his knowledge and can be proved by him.


i. There are sufficient reasons why statutes provide for presumptions of fact or law and cast a burden on the accused to displace those assumptions. Presumptions are raised in respect of proof of negative facts. The English Court of Appeal in Regina v Edwards (1975), whilst considering the provisions of selling intoxicating liquor without a justices’ license, it is not for the prosecutor to prove that the defendant had no license but for the defendant to prove that he had. The burden of establishing a statutory exemption by way of a defense lays on the defendant.”



Question No. 3: Whether Freedom of trade and business to carry out anywhere in India when the provisions of statute on Cow’s meat violate Article 19(1)(g) of the constitution?


It has been widely pleaded by the various sections of press and media that freedom of trade is affected by prohibiting selling and consumption of beef, be it is so, please consider the following arguments:-

a. The question is whether the restriction imposed by Article 19 (1) (g) is unreasonable. The State urges that there is nothing unreasonable about the said restriction. It prohibits and restricts only Cows meat or beef but do not impose such restrictions on other meat products, It is for giving effect to Article 48 and Clause (g) of Article 51A of the Constitution of India. The restrictions are reasonable and not arbitrary and therefore, do not infringe Article 14. The ban is partial and not blanket for all meat products, that leaves consumer to exercise other choices. Therefore, the challenge based on violation of Article 19(1)(g) to the amendment made to Section 5 of the Animal Preservation Act completely prohibiting the slaughter of cows, bulls and bullocks is without any merit. More so, when there is a complete ban on pork meat in Jammu & Kashmir implemented with legislation.


b. Even after the amendment to Section 5 of the Animal Preservation Act 1976 by Maharashtra state legislature, butchers can still continue to slaughter other animals and traders can continue to trade in meat of the other animals. So the entire trade is not halted in omnibus manner. What is done by the impugned amendment to Section 5 therefore is a restriction and not prohibition. Hence the question is whether the restriction is reasonable in terms of Article 19(6) gets settled here.


c. In India, there is a drastic shortfall of the required cattle, as graphically represented in the previous section. India has become the largest exporter of beef and other bovine meat since 2015. These two developments are not unrelated and there lays sufficient cause to be estopped.


d. In the light of the above arguments advanced it can be stated that a ban is not a prohibition but only a restriction, because the slaughter of certain other animals is still legal and hence there is no infringement of a fundamental right to occupation, trade or business. The protection of cow progeny is “needed in the interest of the nation’s economy” and survival of the ordinary farmers and their well-being. Milk for children and future generation it is necessary to impose such restrictions on a particular kind of meat.


e. India is basically an agriculture based economy and it is far away from ultimate mechanization that cows, bulls & bullocks can be done away with and replaced with state of the art farm machinery. India still largely depends on Cow progeny for advancement of its agriculture and economy and therefore protection of cow is of paramount importance for sustenance of environment, economy and agriculture on which the largest population of farmers depends on.


f. When two fundamental rights clash like right to life and freedom of trade and business, Supreme Court has held in the case of State Of Gujarat vs Mirzapur Moti Kureshi Kassab, in 2005, that wherever any enactment is made for advancement of Directive Principles and it runs counter to the Fundamental Rights, an attempt should be made to harmonise the same, if it promotes larger public interest. In this case Cow slaughter is restricted to promote larger public interest of environment, lessen carbon emission, to cater for the religious sentiments of the majority community and prevent health hazards in in welfare of the society at large.


g. Slaughtering of cow is adverse to the interest of the ordinary farmers who has right to live a meaningful life and not be driven to suicides as it has been a recurrent event in the post-independence era.




Question No 4: Whether the Acts in restricting the slaughter of cows violate the fundamental right to practice and propagate religion under Article 25 or the cultural right under Article 29 of the constitution, to celebrate during Id festival by sacrificing Cows ?


In India press and media have persistently advanced crimes as communal acts and given communal colours to spin doctor issues in politicising it to the advantage of a particular political party the media wishes to promote in exchange of rewards. Media should act responsibly and rather should indulge in pious acts of promoting overall national interest in informing the true factual position to the general public, establishing impartiality, credibility and objectivity.


The following arguments may be read in between the lines to understand what our mother India really needs to sustain national unity, integrity and survive diversity and convergence of cultures that many predictors of Indian Union after independence negated and forecasted an inevitable failure. But seven decades on, We proud Indians have proved them wrong including Winston Churchill.


a. In a decision of the Apex Court in the case of State of West Bengal v. Ashutosh Lahiri (1994) it was held that slaughtering of cow during Id festivals is not an essential part of Muslim religion. Merely because a certain practice is permissible as provided in religious texts, it does not automatically mean that it is an essential part of the religion. Sacrifice of animals is a ritual and can be done with any kind of animal. The things which are made compulsory or necessary for the purposes of a particular religion are covered by the right guaranteed under Article 25 of the Constitution of India to freely profess and propagate any religion. The Apex Court in the case of State of West Bengal v. Ashutosh Lahiri refers only to the sacrifice of the cows and holds that it is not essential religious practice and do not contravene free dissemination of the religion in question.


b. No culture can claim perpetual and inflexible existence beyond the character of the civilization that created it. Customary rights should not be confused with culture. Article 29 aims to preserve essential culture of the people and not peripheral customs and rituals, which have no relation to an existing culture. For example, abolition of a traditional practice like Sati cannot amount to destroying culture. Slaughter of cows, bulls or bullocks is not an essential part of any culture. Common thread in Article 29 (1) is protection of language, script and culture and not religion. There is large difference between a ritual and religion. All rituals are not necessary to sustain a religion. Both cannot be equated as per convenience. Since culture is to be protected and not religion per se, the argument that free religious practice is infringed is devoid of any merit.


c. In the case of State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others(2005), the Apex Court has termed the act of slaughter of cattle in its old age as an act of reprehensible ingratitude. The Amendment Act of the Statues is thus saved by Article 31-C and it is in furtherance of Articles 48 and Clause (g) of Article 51- A of the Constitution of India, hence cows need protection not sacrifice.


d. A decision of the Apex Court in the case of Indian Handicrafts Emporium and Others v. Union of India(2003) pointed out that amended provisions of the Wild Life (Preservation) Act, 1972 prohibited the trade of imported ivory. The Supreme Court upheld the said complete ban on the ground that it was necessary to implement the ban on poaching of Indian elephants. He urged that the ban on import was necessary to avoid evasion of taking recourse to camouflage.


e. Several States in the country as per the map seen as above, there is a total ban on the slaughter of entire cow progeny. It is contended that practically in all the States in Northern, Sothern & Western India, except the North East, Kerala & West Bengal there is a total ban on the slaughter of entire cow progeny. States relied on the decision of the Apex court in the case of State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat(2005). Relying on Article 48 of the Constitution of India, it is urged that there is no constitutional mandate in favour of slaughtering of animals.





Question No 5: When Jallikattu is banned citing cruelty to animals how come cow slaughter can become legal and business as usual?



Jallikattu was a traditional sport played with bulls and bullocks during the festival of Pongal mainly in Tamilnadu, India.


Of course this game is dangerous and there are grave chances of people getting seriously injured during the play. Supreme Court of India had banned this animal sport of Jallikattu citing cruelty to animals, now the question is, whether slaughtering less cruel than Jalikattu?

The following questions of law were settled by the Apex court while delivering the landmark judgment on Animal Welfare Board of India Vs A. Nagaraja & Ors ( 2014) popularly known as Jallikattu Verdict.


Here violations of law, compassion to living creatures, Humanism while dealing with other species, right to life of animals etc., are discussed.

a.Violation of Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any animal in a way that causes unnecessary pain or suffering.
Seminal issue of pivotal importance with regard to the Rights of Animals under our Constitution, laws, culture, tradition, religion and ethology, which we have to examine, in connection with the conduct of Jallikattu sport.

In compliance of Central Govt.’s Department of Forest and Environment Notification dated 11th July 2011 and also in the light of relevant judgment pronounced by Hon’ble High Court, Mumbai Bullock Cart Race, Bullock Race/ Bull Fight/ training of bull / Bullock / Ox for such race, fights / using them for any animal sport activities is being prohibited by law.

The State of Maharashtra has accepted the judgment of the High Court for all the bans as above and the Government decision of 2012 is also not under challenge, hence all these prevails with no protest from any quarter.


b. Compassion for living creatures: Article 51A(g) states that it shall be the duty of citizens to have compassion for living creatures. In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others (2005), Supreme Court held that by enacting Article 51A(g) and giving it the status of a fundamental duty, one of the objects sought to be achieved by Parliament is to ensure that the spirit and message of Articles 48 and 48-A are honoured as a fundamental duty of every citizen. Article 51A(g), therefore, enjoins that it was a fundamental duty of every citizen “to have compassion for living creatures”, which means concern for suffering, sympathy, kindliness and killing etc., which has to be read along with Sections 3, 11(1)(a) & (m), 22 etc. of Prevention of Cruelty to Animals Act. Thus slaughtering is one step ahead of this in terms of cruelty and therefore needs prohibition.


c. Humanism: Article 51A(h) says that it shall be the duty of every citizen to develop the scientific temper, humanism and the spirit of inquiry and reform. Particular emphasis has been made to the expression “humanism” which has a number of meanings, but increasingly designates as an inclusive sensibility for our species. Humanism also means, understand benevolence, compassion, mercy etc. Citizens should, therefore, develop a spirit of compassion and humanism which is reflected in the Preamble of Prevention of Cruelty to Animals Act as well as in Sections 3 and 11 of the Act. To look after the welfare and well- being of the animals and the duty to prevent the infliction of pain or suffering on animals highlights the principles of humanism in Article 51A(h). Both Articles 51A(g) and (h) have to be read into the said Act, especially into Section 3 and Section 11 of the Act and be applied and enforced. Therefore slaughtering of cows does not enhance humanism for that matter and needs to be prevented and / or controlled as per the above verdict.


d. Right to Life: Every species has a right to life and security, subject to the law of the land, which includes depriving its life, out of human necessity. Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word “life” has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution. So far as animals are concerned, “life” means something more than mere survival or existence or instrumental value for human-beings, but to lead a life with some intrinsic worth, honour and dignity.


Animals’ well-being and welfare have been statutorily recognised under Sections 3 and 11 of the Act and the rights framed under the Act. Right to live in a healthy and clean atmosphere and right to get protection from human beings against inflicting unnecessary pain or suffering is a right guaranteed to the animals under Sections 3 and 11 of the Prevention of Cruelty to Animals Act read with Article 51A(g) of the Constitution. Right to get food, shelter is also a guaranteed right under Sections 3 and 11 of the said Act and the Rules framed thereunder, especially when they are domesticated. Cow is a domestic animal and right to dignity and fair treatment is, therefore, not confined to human beings alone, but to animals as well. Right, not to be beaten, kicked, over-ridden, over-loading is also a right recognized by Section 11 read with Section 3 of the Act.


Animals have also a right against the human beings not to be tortured and against infliction of unnecessary pain or suffering. Penalty for violation of those rights are insignificant, since laws are made by humans. Punishment prescribed in Section 11(1) is not commensurate with the gravity of the offence, hence being violated with impunity defeating the very object and purpose of the Act, hence the necessity of taking disciplinary action against those officers who fail to discharge their duties to safeguard the statutory rights of animals under the Prevention of Cruelty to Animals Act.


In view of the forgoing as vindicated in the very language of the landmark verdict it is established that slaughtering and halal killing are the cruelest form of treatment that can be meted to domestic animal such as cow and therefore prohibition of the same is all the more justified.



Conclusion


With Milch cows humans have a special relationship; milk is produced by the Cow. Interesting point here to ponder is although being an animal product it is not considered as non-vegetarian, on the other hand beef is considered as extreme non-vegetarian product for consumption. Now we know whatever we consume as food, a part of which becomes integral part of our body. That means we assume the cells produced by cow and imbibe it as part of our body. Cows milk is one of the most whole some source of food after mothers breast milk. In the country Cow has an emotional relationship with the household.


If Jallikattu can be banned on the premise of cruelty then uncontrolled and unabated slaughtering and production of halal meat is certainly more cruel form of violence on Cows.


Why is beef cheap in India and not in western countries and not even in Pakistan, is the excess production is allowed at the cost of the environment and carbon emission, there is not so large demand for beef consumption as majority does not consume beef. The preliminary causes of cheapness of beef in India are uncontrolled, unlicensed slaughter houses producing beef under unhygienic conditions. The better quality and safe beef is exported and Indians are allowed to consume adulterated, unhygienic beef. This is another health hazard for Indians and partly explains the lineup of the patients outside doctor’s chambers all over India as explained earlier.


If the slaughtering is continued unabated as it is happening in India, days are not far when this species shall become extinct.

The recent incidents of lynching and cow vigilantism in the name of cow is in all probability a false show for which Prime Minister is repeatedly calling for action and no Indian can support this type of extremism. As reported in various press and media this activity may be foreign sponsored to malign India in a global stage like Church attacks before Delhi elections and POTUS HE Barrack Obama visit and permanent disappearance thereafter!!!!


Therefore, for the sake of humanity and sustenance of human civilization, cow slaughtering and consumption of beef needs to be prohibited, restricted and controlled by law in line with the western countries.


#Jai Hind

Wednesday, May 10, 2017

#Justice for Sunanda






Sunanda Pushkar💮💐 a well accomplished business entrepreneur, publicly adored Honorable lady, celebrity in her own right, a socialite of repute, a women, a daughter, a wife & a mother: why her life be just given away & everybody else succumb to corridors of power & remain calm😨


Out of all that is reported in main stream media & press including that of interviews of celebrities, cacophonous debates; what doubt gravely stirred minds of the ordinary, is that it's a no well settled natural cause of death😡


So when doubts are cast, it's better to get it investigated & air is cleared once for all.


More so, when it's a question of life & dignity of an India's daughter, then better we take the matter seriously & delve into it in detail.


Allegations of Sunanda checking into one hotel room & dying in another, if true is the best circumstantial evidence, as it's impossible to conduct such a mission in a 7 star hotel like Leela, where all kinds of standard security exists; eg room specific key-less entry with electronic cards, guests of one floor not allowed to go to another floor by using the same room card, card-only access to the elevators, exit only on designated floor etc.


Medicine prescribed for the husband found by the bed side of dead wife, is no matter of mere co-incidence.


Twitter wars & claims and counter claims of account hacking by both parties few days before death gives rise to suspicion of grave dispute amongst parties.


Allegations of adultery by wife & rebuttal by the husband is sign of relationship involving storm & lack of serenity. Hotel registers of offshore location allegedly of Dubai needs to be retrieved to nail the issue.


Allegations of attempt to manipulate post mortem reports & written statement of forensic expert should not be able to dim light on the indelible truth.


Efficacy of Delhi police & their commitment towards independence and impartiality & FBI findings corroborated together will determine the outcome of investigation, whether positive or regressive. Video footage of post mortem report is mandatory as per law, but compliance is under suspicion.😱


Injury & struggle marks on the dead body is vital clue to determine whether it's a fit case of murder.


Complete erase of CCTV evidence, in that specific period, gives rise to question of conspiracy not arguably beyond reasonable doubt, since star hotels are invariably equipped with emergency backups.😏


All these incidents are likely to prove that, for the entire episode, Hotel authorities are no less than complicit by any means😵


Second question is when Sunanda is supposedly sick then why should anybody check into a 7 Star hotel instead of a Hospital in the same city where she has a matrimonial home😰


Conduct of the husband prior to and after the death need to be thoroughly investigated to reveal the actual circumstances leading to death. That will determine whether or not husband is an accomplice either principal or abattoir.😨


The presumption of death of the bride within 7 years of marriage applies here, the husband shall be presumed by the court beyond rebuttal to have caused the death, only thing needs to be proved that the death is an unnatural one; that's it. (113a of Evidence Act) Here dowry and or abetting of suicide assumes yet another modern nomenclature of who the hell paid Kochi IPL "Sweat Equity" why & how?🤔


Then comes the husband's a very confused muddling statement recently on Twitter as reaction to investigative reporting by @Republic TV quoted as below:-

"Exasperating farrago of distortions, misrepresentations&outright lies being broadcast by an unprincipled showman masquerading as a journalst" on 8th May 2017

The husband of the pre-deceased women makes use of very hard vocabulary in a knee jerk reaction displaying signs of nervousness, in a possible attempt to escape truth.😅


But conversely it was a huge source of amusement for Twiterrati, there the spelling mistake of "journalst" which decoded by his twitter followers as Journo with lust = journalst 😇🤓😄🤡


"Exasperating farrago" could not be decoded so easily but deciphered as something a source of amusing vocabulary which symbolises the state of affairs of our country 70 years post independence, something like whatever done in & for the country by the political class; the gullible & ordinary cattle class never understood & avoided to take notice out of despair & desperation for basic needs🤔😰😨😱


However insincere the husband is in his approach in dealing with his personal tragedy, but people of India are deeply anxious to know the truth.


Believe Delhi police is on the job & some positive outcome shall be delivered in the interest of justice for #Sunanda🌹🌷🌺


This well may be acid test for Indian administrative & judicial organs to prove once again and pass this "Agni-Pariksha" that our governance is not only for the rich & famous but also for the poorest of the poor and for all vulnerable sections of the society especially for women & children.



#JaiHind

Tuesday, March 7, 2017

LGBT or LGBTI, who cares for this true minority?







Men are believed to be the creation of GOD, the creator, the sustainer and the destructor of the Universe. Then, there are certain terms which are of frequent use, such as normal, abnormal, abysmal etc. and also majority and minority. Suspect with utter disbelief that there may be some intermingling conspiracy amongst all these nomenclatures, none other than by GOD himself!


Whatever majority does it is construed as normal by default and whatever is done in defiance to majority or majority view is called abysmal or dissent and is vehemently resisted initially, this may be a natural phenomenon embedded by the creators, as well.



But history is witness to this occurrence though that with time and human evolution, the rational minority view point achieves acceptance. So when Men & Women and their established heterosexual behavior and love for each other is considered as normal, then feeling of desire amongst the same sex can also be normal subject to the altered perception of the society at large, provided we are prepared to display attitude to accept change and indicate maturity.



Now, two major human communities on earth are Men and Women who are close to fifty-fifty in numbers. But nature as a normal phenomenon has variants in all creations and that’s where the minority community in question comes in. The current trend is to name this community as LGBTI or Lesbian, Gay, Bi-sexual, Transsexual and/or intersex.



The Indian LGBTI population is only half a million out of one hundred and twenty five Crores or One and a quarter billion. Which works out to exactly 0.04% (zero point zero four percent). By any standards LGBT qualifies more than a minority and deserves all the attention in the World than what the other minorities can logically garner. To provide the legitimate rights and privileges of LGBTI are therefore all the more important to prove the tyranny of majority is non-existent in our beloved country, India.



But what we have done so far is the question!



It is not a fact that the phenomenon of LGBTI is known only recently to us. NO! is the answer for that matter.

The references of LGBTI do exist in Vedic scriptures. “Brihanalya”, the God or Godess as depicted in the Mahabharata as a lover of Arjuna and the character is portrayed to be belonging to neither sex of Men & Women. “Ardhanarisharya” is yet another depiction of God and or Goddess of dual sexual behavior. In contemporary spiritual wisdom traditions that the Chaitainya Mahaprabhu of Nadia, West Bengal, preached and propagated, is the combination of Radha (The lover and not wife) & Lord Krishna (Symbolises the creator) in one body and mind and is a bisexual character may be presumed as the representative of sexual duality. Vedas did not denounce LGBTI but enumerated it as a combined “Vasana” of being present in all sexes. The dominant “Vasana” or a term very close to desire or the term which is source of very desire in all beings, is the determinant for the predominance of Men or Women sexual hormone present to determine one’s sexual orientation and behavior. Hormone also believed to generate from thought and action (“Karma”) of the individual and its intercourse with bio-system.



The various Sanskrit scriptures and literatures uses controversial terms such as “Ubhaya, Napumsaka” etc, to describe what is frequently referred to as the “Third Gender” (“Trtiya prakrti”), besides Men and Women. These expressions may be taken as referring in general to sexually dysfunctional men or women, who may be, according to the context, impotent, homosexual or even having abnormal genitalia, for which they themselves are no way responsible!


What a great creation the human body is? Wonder, whose-soever has conceived and designed it and how does it function and malfunction? How the procreation method and the process have been designed to happen? Like No machine can be 100% efficient, No Gold can be refined to 100% purity, No Men can also be 100% perfect. LGBTI is thus one of the imperfections in Men, which we have to learn to accept like any other impurity; imperfections; contaminations are part of the whole and thus NORMAL.


The Holy Book of Bible indicates that, “Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders. (1 Corinthians 6:9)


Here may a clue why in Indian Penal Code 1860 drafted by Lord Thomas Babington Macaulay that was presented by the First Law Commission in 1835 and was submitted to Governor-General of India in 1837, and was adopted much later in 1860, had eventually opted to criminalize the sexual behavior other than those of heterosexual choices, the most important phrase used was “against the order of nature”. This is the outcome of 25 years of thought by the then law makers of the country!


The pertinent portion of the Section 377 in The Indian Penal Code reads as: - Unnatural offences.—“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.”


Not much voluntary support has been received from the Apex Court of India citing lack of legislation or even the Government of the day on evolving the law for the minority LGBTI community to make it contemporary so that the law of the day advances as on date in the beginning of 2017 as well. His Excellency Tathagata Roy – The Hon’ble Governor of Tripura one day tweeted in protest that “even Birth control is also against the order of nature” and so the question arises whether even Birth control should be made criminal as well or remain to be de-criminalised.

https://twitter.com/tathagata2/status/838795257231745025

According to the latest news reports, India avoided taking a position on the need to end discrimination based on sexual orientation at the Human Rights Council of the UN, as the Supreme Court is yet to “pronounce” on the issue of rights of LGBT persons, as per the Ministry of External Affairs (MEA) communiqué in 2016. The MEA’s clarification came a day after India abstained from a voting at the UNHRC on a resolution to set up the office of Independent Expert to end discrimination against LGBTI (Lesbian, Gay, Bisexual and Transexual and or Intersex) persons. “The issue of LGBTI rights in India was as a matter considered by the Supreme Court under a batch of curative petitions filed by various institutions and organisations till 2016. As such, we had to take this into account in terms of our vote on the third UN resolution to institutionalise the office of an Independent Expert to prevent discrimination against LGBT persons,” said MEA spokesperson. This statement comes more than two decades later after giving only adoption and voting rights to the community as late in 1994, which are actually peanuts against their due. This complacent attitude of law makers is the major issue of concern.


But the hope not willing to fade away as, like New Zealand was the first country to give voting rights to Women in 1893 and the rest of the countries then followed suit, thus we have lot of expectations for change in the future and like growing democracies elsewhere in the World, LGBTI rights will also assume due proportion.


Overall lot of things needs to be done for this community to make justice and rule of law prevail in this country but the problem is that they do not constitute such quantity to qualify as vote bank, so when this vote bank policies of the political parties shall end, then only there may be a ray of hope, otherwise no light at the end of the tunnel can be sighted.




#JaiHind


Saturday, January 7, 2017

Future of Terrorism





What is terrorism? It makes all the more difficult to define the term terrorism in just one paragraph with the kind of dimension that it has assumed!

It is popularly described in two ways, one version by the ones who commit it and the other version by the ones who face it and undergo victim-hood.

Those of who do the terrorism themselves glorify it as fight for freedom, fight for political belief, fight for social right, fight for equality or sometimes popularly and conveniently termed as ‘Jihad’ and those who face it, condemn it as heinous act, barbaric act, act of the cowardice.

So by the way the subject of terrorism or the acts of violence gets represented by the body language of the presenter or the tone of speech, you can now decipher who the Terrorist is and who is the Victim, right?


1.0 History and background

Incidentally, Terrorism has connection with the famous French revolution of late 18th century wherein the word terrorism was derived from the French word “terrorisme”, uttered in reference to the rule of Jacobian faction also said in Latin as terror, which is to generate extreme sense of fear amongst civilians and innocents by the armed fighters.


The word Terrorism evolved since the late 18th century, in reference to the rule of the Jacobin faction, it is also believed to have derived from Latin verb “terrere” or to cause to tremble. After the Jacobian’s lost power this very word was termed as abuse.


We have not been able to get over the horrifying word till in the midst of the 21st Century i.e. even after almost 3 centuries, with every passing day it is becoming grave and graver and may reach a limit beyond imagination.


The unlawful use of violence and intimidation, seeking revengeful vengeance, especially against civilians, unarmed population, innocents, women and children in the pursuit of political, social, religious aims etc., falls within the ambit of terrorism.
This menace is not just a localized problem but today it has assumed International dimension. There are several mechanisms that are being devised to fight it from International perspective.


Terrorism is the act performed by generally the non-state actors and evokes fear in the mind of innocents. State actors who have limited courage adopt this cowardly route to destabilize their opponents. Targets are incapacitated, unarmed, innocent persons who have no link to their idealism. Terrorist do not know whom are they killing, don’t really understand their cause well and are thoroughly misguided by their masters. At times some states who are not courageous enough to fight the battle themselves and win on the basis of brevity; clandestinely send their mercenaries and guerrillas to terrorise to primarily create media attention and attract the attention of the international community by attacking and killing ‘innocents’ preferably a popular public place frequented by multinational visitors.


Terrorism cannot be made an act of bravery as the handlers of terrorism do not generally confront the armed and equipped state personnel who are in a position to rebut their act, but unfortunately attacks vulnerable groups like unarmed civilians, women, children in schools, who has nothing to do with either for or against their mission and objective. Thus the act of terrorism are acts of cowards who cannot have enough courage to face war officially following the international rules in place and can therefore be called as act of cowardice in no uncertain terms.


In modern times "Terrorism" usually refers to the killing of innocent people by a private group in such a way as to create a media spectacle. In November 2004, a United Nations Security Council report described terrorism as any act "Intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a government or an international organization to do or abstain from doing any act".


In many countries including India, acts of terrorism are legally distinguished from criminal acts done for other purposes, and "terrorism" is defined by statute or law.


2.0 Is Terrorism a part of larger conflict?


All conflict arises in humanity out of the reason that we are out of touch with the actual reality, means at the fundamental level, we human beings are totally interdependent with each and everything else existing in the Universe. There is ‘one inseparable wholeness’ exists in the Universe which is sole origin of all our resources. This is basic concept spelt out in the wisdom traditions of east: Vedanta. Separate self, individuality and becoming extremely selfish and not caring about others or anything surrounding us is an illusionary and delusionary attitude. Thus to begin with care for humanity and environment is the starting point of selflessness and this idea is close to true nature of our beings.


Conflict is a natural phenomenon, it persists and pervades. The conflict gives rise perpetually and history is the witness to this fact. Conflict mongers also keep it alive for various beneficial reasons for their sustenance, like arms producing countries wish to keep the engagement alive to maintain their sale of arms for a profitable business venture. Conflict between daughter in law and mother in law gives rise to soap opera business, but let us accept that all these are naturally arising.


Terrorism, therefore, may be a part of larger conflict to attain control of events and may be a part of power struggle. There are power centers who have extreme desire for control, consequently they keep the conflict alive by mischievous means and don’t allow the same to subside.

India may be victim of this, we all should better be aware now, if not already.




3.0 Terrorists have no religion true or false.



‘Terrorists have no religion’ is yet another myth and unsubstantiated statement. Religion has so far proved to be the key element involved in the terrorists’ activities. If religion is not abused, majority of the terrorist activities shall cease to exist.


When the terrorists are eliminated they are mostly buried and mortal remains are disposed of according to their own individual, firm and respective religious beliefs and there is no equality there. Therefore, irony is those who fight for equality and lay their life are treated unequally on death.


Seventy two virgins and life in heaven are unrealistic assumptions neither supported by science nor spirituality and is the most common motivation for terrorists by which they are lured into the oblivion of non-realism.


The holy Quran translated by Abdullah Yusuf Ali, (Goodword Books 2105) has reference to Verse 8:38 where unbelievers of Allah are to be dealt as “And fight with them on until there is no more persecution or oppression, and religion becomes Allah’s in its entirety, but if they cease, surely Allah does see all that they do.


Here fighting of persecution and oppression is talked about and not creating the same adverse effect on others unless faced first by the subjects.

Verse 9:29 states, “Fight those who believe not in Allah nor the last day, nor hold that forbidden which has been forbidden by Allah and His Messenger, nor acknowledge the religion of truth, (even if they are) of the people of the Book, until they pay the ‘Jizyah’ (poll tax) with willing submission, and feel themselves subdued.”

If you don’t believe the Allah then it can be neutralized by payment of poll tax, so that there is no issue, thereafter.

Verse 9:30 “The Jews call, ‘Uzayr a son of God, and the Christians call The Christ the son of God. That is a saying from their mouth; (in this) they imitate what the Unbelievers of old used to say. Allah’s curse to be on them: how they are deluded from the truth!”

Holy Quran thus depicts and recognizes that Allah is the ultimate truth. Nothing wrong; all other religions say the same.

However, there are certain preachers who misguide and mislead about religious dictates and sermons and attempt to cause turbulence in the society for other selfish benefits and serve their own hidden agendas, which are the matters of complicated research.


Thus 'Terrorist' groups are at times made up of frustrated, exasperated, disillusioned people who feel that society is deeply unfair to them and social injustice have had affected them the most. They believe that peaceful politics cannot solve their problems and it is acceptable to break the law and adopt violence to achieve change. They are the believers of ‘Ballot cannot bring about the desired change but bullet can’.

Many a times it has been observed from the voice intercepts of the Terrorists and their handlers that they invoke the name of respective God almost in every sentence that they exchange especially during the carnage and crisis. Terrorists while executing various acts of terrorism on ground are also known to have uttered religious phrases in all of the recent attacks in Europe, USA, India and elsewhere in the globe.


Terrorism is a serious conflict in the minds of the planners or the conspirators, thereafter they take advantage of the weak point of the society like of the economic backwardness and other social injustices and recruit young boys and girls from that indigent social strata and motivate them mostly in the name of religion.


Terrorists have no religion, is therefore a delusionary statement, it is nothing more than a misnomer, a politically correct statement, meant for serving ‘I am holier than thou’ self-certification and vote bank agenda and nothing more.




4.0 History of terrorism in India


Terrorism in India presumed to have started before India got independence in 1947 but during those times the terrorist activities aimed to create a fear among the British Rulers and not to kill the general civilians, vulnerable groups such as women and children, innocents. So we cannot call these freedom fighters as terrorists, but after 1947 the terrorism activities were instigated to kill the innocent masses of weak, susceptible and defenseless population. In early times the Kashmir, Punjab and North East Frontier part was affected by terrorism.


But in current scenario the terrorism domain has been on the rise. The regions with long term terrorist activities today are Jammu and Kashmir, Mumbai, Central India (Naxalism) and Seven Sister North Eastern States (independence and autonomy movements). Kolkata of West Bengal appears to act as a hub as there are hardly any explosions taking place there, where on the contrary all other places in India have not been spared to that extent. In the past, the Punjab insurgency led to militant activities in the Indian state of Punjab as well as the national capital Delhi, which of course have died its natural death.


In Indian context the concern for the terrorism, it is the main attribute of the terrorist activities on this soil is that it is in the form of religious terrorism. Religious terrorism is terrorism performed by groups or individuals, the motivation of which is typically rooted in the religious based tenets. Terrorist acts throughout the centuries have been performed on religious grounds with the hope to either spread or enforce a system of belief, viewpoint or opinion. In current scenario the domestic and external terrorist activities are increasing in monumental proportion, something appears to be out of control of the Government security machinery.


One of the dreadful incidents that took place was of 26/11 in Mumbai, where a group of ten trained terrorists killed 168 people and injuring more than three hundred. Many daughters lost their father and saw it right before their own eyes body to get splintered into pieces in a moment. That was the eye witness story of one of the helpless innocent girl, out of the entire operation that lasted around four frightful days.


The statue of Chatrapati Shivaji Maharaj planned by the Government having identified at a strategic location in Arabian Sea near coast of Mumbai is to provide an ‘immersive experience’ using both traditional curatorial skills and contemporary virtual-reality based technologies. This will help anti-terror surveillance and have an opportunity to earn perpetual revenue, which can be directed for social security of the adjacent coastal area. The exhibits will not only re-animate the ‘life and times’ of Chhatrapati Shivaji Maharaj’s but provide visitors deep insight into his character and showcase his progressive vision of a cohesive and inclusive nation.

This may be an intrepid step to help promote social tranquility in the adjacent area.





5.0 Criminology and Jurisprudence of Terrorism



Considering the criminology of terrorists and according to Italian Physicist and Criminologist Dr. Cesare Lombroso, terrorists are born criminals, but later advent in criminology by Enrico Ferri determined it as Anthropological. Raffaele Garofalo an Italian magistrate mentioned it as a moral organisation based on thought process. Overall it has been revealed that Terrorists are the victims of circumstances consisting of locality, environment, childhood incidents and situations etc. and all reasons combined with genetic, anthropological, thought process and circumstances notwithstanding, all are attributable to the acts and omissions of Terrorism and no single cause can be ruled out. (#2)



World tower collapse of Manhattan, NewYork USA of 9/11 is the unforgettable date, where the twin tower was made to collapse by hijacked aircraft directly hitting the two buildings containing all ‘innocents’. The reason this incident deserves a mention that after this, the human rights perception for terrorist’s rights changed for good.


Now the United nation commission on human rights denies human rights for terrorists which otherwise were of the opinion that terrorist are also human so they should also have human rights, changed to this new concept in humane perspective in view of the new philosophy of Jurisprudence for the terrorists. Thus Jurisprudence in dealing with terrorism has also failed to evolve a solution to a large extent. The offence is to be viewed strictly or the offender has always been a question that hounded the Jurists.


In India, we had a few of the anti-terror laws but many of them were not implementable, the reason attributable for non-enforcement may be ourselves, our flawed value system of democracy, vote bank politics, our dishonesty in misusing the power of position and authority, our hidden agendas, misplaced intents and ultimately not being honest to ourselves and to our national pride.


Armed Forces (Special Powers) Acts (AFSPA), are Acts of the Parliament of India that grant special powers to the Indian Armed Forces in dealing with insurgency, what the Act terms as "disturbed areas". One such act passed on September 11, 1958 was applicable to the Naga Hills, then part of Assam. Thereafter, it was greatly in force in Jammu & Kashmir for handling of foreign shore sponsored insurgency. However, there are widespread allegations of misuse and fast until death saga of Irom Sharmila’s of Manipur and elsewhere reinstates that view.


Terrorist and Disruptive Activities (Prevention) Act or TADA, enacted in the year 1985 and allowed to lapse in 1995 due to unpopularity and widespread allegations of abuse.


The Prevention of Terrorism Act, 2002 (POTA) was passed by the Indian Parliament in 2002, but by the time it was October 2004, the Act was repealed. This time for it being abused against the political opponents and many high profile cases like Vaiko came to limelight.


Unlawful Activities (Prevention) Act (UAPA) Amendment Act 2012 (#1) This piece of legislation was introduced way back in 1963 and enacted in 1967 to protect the unity and integrity of the Nation and was amended in 2012 with emphasis on possession of nuclear arms, aircraft hijacking, money laundering and economic security point of view. However, this Act also proved to be ineffective and inadequate. This to certain extent was inspired by the American law of JASTA “Justice against Sponsors of Terrorism Act”.

6.0 Terror Funding


The financing of terror organisation is fascinating indeed and may be considered the root cause of terrorism. Without funding of their activities in a systematic and organised manner, it would not be possible to sustain any terror operation.

Funding problem through Hawala and other illegal route is an international problem and there are various means that have been considered in the past by all countries including USA, Australia, and European countries but without any major success.

There are stumbling blocks are somewhat intriguing and raises suspicion as to why these funding are not being blocked. If this stalling is successful then there is some hope to see the end of this dreadful menace. Severe financial control at various points of exchange needs to be done.

Cash is a menace with fair chance to avoid responsibility. Large cash handling needs to be discouraged and banned if required, across the World and digital mode needs to be resorted by all Nations, seeking peace and tranquility, so that it facilitates tracking of money transactions. Thus it will make the life of the terrorist outfits difficult to operate under the veil of charitable organisations.



7.0 Conclusion


When Americans have realized that no terrorist activity can take place in their soil unless the local help angle is addressed in its right spirit, terrorist who are strangers to the land where they have been assigned to perform terrorist act, cannot conduct acts of violence, unless they are aided and abetted with a local emotional and logistics support.


That is the reason they are more serious about the sponsors of terrorism rather than the terrorist themselves. The Indians shall also need to realize this issue, no sooner than later, and become extraordinarily alert in their respective neighborhood, so as to operate as a preventive mechanism for nipping terrorism activities in the bud.


Today the ‘enemies within’ and sympathisers of unlawful activities are bigger threats than threat of any external aggression.


If India wants to achieve its goals of development, peaceful environment has a great impact and evoking patriotism in ourselves becomes an important factor, as it will radically reduce the enemies within our own country.


Press reports and past incidents suggest that the terrorist’s attacks of Jammu & Kashmir and Mumbai 26/11 could not have taken place, if there were no local handlers assisting the enemies with logistics and information. Patriots, are therefore, to remain extra vigilant for any kind of suspicious activity in the neighborhoods, not only for self-protection and self-defense but also for overall security of the society and Nation.


The power struggle, extreme desire and urge to control affairs around them may be many out of the root causes for conflict and terrorism thereof. Terrorism cannot be dismissed as solitary events and actually are the evil designs of their masters and in general an organised crime and dreadful activity.


Terrorists have been found in possession of latest and upto date ammunition and improved explosive devices (IDE). One amongst them popularly known as AK 47 assault rifles or Kalashnikov machine guns, capable of firing upto 390 rounds of fire in one go. Unless there exist a systematic funding and training regime, it is not a child’s play to organise and operate these killer ammunition.


It is a matter of great distress that the worst sufferers of Terrorism are unsuspecting, innocents, women and children who has no knowledge about what is going on and what for people in conflict inflict their lives.


Psychology of terrorists persists with their delusion about their own life, not knowing about their true nature and misplaced identity. Terrorism is a criminal conspiracy against the institution of humanity and recognition of this fact is universal.


Nuclear weapons & terrorism are the biggest threat facing the World that we live in today, if Nuclear arms slips into the hands of terrorists, for which there exists enough suspicion, then there will be no respite and World is certain to be not far away from destruction.


There is a famous saying that “When people shout there's no understanding, when people make minimum sounds that shows a better understanding but interestingly intense love happens on silence. To quote in famous poet Rumi’s words,

“I choose to love you in silence…
For in silence I find no rejection
”


Hence, to further the cause of understanding, and obliterate the feeling of rejection around we all need to work is in silence to bring about peace and minimize conflicts.


Ultimately, it can be seen that World has become a lunatic asylum because of social disparity, social injustice, inequality and all that promote conflict and its vulnerability towards self- destruction.


Here are people who fight for no real cause and terrorism is nothing but mischievous actions of certain sections of the society, this evil needs eradication with an equal, if not better, systematic methodology than what organised terrorists intend to do.


Future of terrorism is therefore in our hands, the ordinary citizens of the globe and country by being extraordinarily alert, truthfully vigilant and consciously aware of the phenomenon to be successfully able to guard against this outrageous destructive menace.


Then we all must collectively make endeavours to build our country the most livable place on the planet and strive for excellence in terms of progress and human development, as it is many amongst joint and several responsibilities and not to be passed upon solely on the Government of the day as their liability.


#JaiHind


#1. http://www.legalservicesindia.com/article/article/anti&-8208-terrorism-laws-in-india-382-1.html

#2. http://www.tandfonline.com/doi/abs/10.1080/09546553.2014.959405?journalCode=ftpv0

#3. https://books.google.co.in/books?hl=en&lr=&id=RJ7PftMXx2oC&oi=fnd&pg=PA17&dq=criminology+of+terrorism&ots=7UYJQETW-
O&sig=VC2BPGhNV4taOfzcsgIHBdSL058#v=onepage&q=criminology%20of%20terrorism&f=false

Sunday, December 18, 2016

Culture of Corruption




British could not have beaten the Nawab of Bengal: Mirza Muhammad Siraj ud Da Daulah (more commonly known as Siraj ud-Daulah), who was the last independent Nawab of Bengal, unless there existed a person named Mir Jaffer. The commander who was supposed to be the lead protector for the Nawab, Mir Jaffer fell victim to bribing by the Robert Clive, the British invader. What an amazing circumstances and feelings amongst its subjects might be then!


The episode of betrayal ended in Nawab’s reign and marked the start of British East India Company rule over Bengal when Siraj ud-Daulah lost the Battle of Plassey on 23 June 1757. The forces of the East India Company under Robert Clive conquered and the administration of Bengal fell into the hands of the British Corporate governance of ancient time!


History is witness to these facts of bribery, betrayal, disloyalty, unfaithfulness, treachery all presumed to be encompassed in one word of modern day ‘corruption’. More interestingly, the entry the Britishers’ gained is through Bengal and later spread over almost all of South Asia. Can Bengal therefore be named as the weak link or in the path of least resistance, through which any inroads, if any one plan to make can make? Do the enemies, mercenaries, terrorists are aware about this phenomenon and are they planning anything in the same line of thought? Well then, we all must be indeed careful and not allow repeating history, one more time. Otherwise what is the reason for bomb blasts and terrorists attacks in all places except Kolkata?


If we go by the history of India’s culture, then it would not be very difficult to ascertain that corruption and bribery has been integral part of our lives, deeply embedded into our belief system. Indians are not weak per se’ but their weakness lies in susceptibility to get bribed at the slightest provocation. Because of this compulsive behavior of accepting bribes in exchange of immorality, Indians get enslaved by their own uncontrollable desire and greed.


Question is not the quantum of immorality but the degree of immoral behavior, which leads to dangerous circumstances and catastrophe!


History repeats itself and keeps on repeating till date, when in the year 2016, we seem to have assumed corruption as way of our lives and not “Hindu as way of our life.” This was categorically adjudicated by the Honourable Supreme Court of India during the course of proceedings of landmark Hindutva Judgment in the year 1995. We have become so used to corruption that now we feel it is normal to engage in corrupt ways and get smallest things done in our lives, right from breaking traffic signal and getting away with it, to obtaining cash in exchange of our old notes during the process of recent de-monitisation. We have become so habituated to corrupt practices that we have accepted it as part of the game and part of our lives. It is not that for the whole thing we can blame the Government of the day but as citizens we all are equally responsible, if not more.


All the time in the World, we are looking for shortcuts in our lives and wish to achieve fame, money, recognition, eminence, assume celebrity status overnight and everything else ‘material’, which we think can make ourselves happy. If corrupt ways are not available at will, some people start feeling of breathlessness? The ‘corruption’ word has thus become part of our belief system and it is quite shameful to observe in a democracy that political parties cutting across lines indirectly and passionately advocate in favour of corruption and tries hard to justify corrupt practices. Their attempt may not be direct but it is for all the people, for whom it is not so impossible to comprehend the camouflaging in its simplest way as what is behind that cry which is palpably coloured in no uncertain terms.


These acts of our legislators and politicians are not far away from the doctrine of colorable legislation, which itself a repugnant act while legislating of course, but feel should be applied outside the parliament while not legislating as well. The principle where it is profoundly spelt out that “what you cannot do directly cannot do indirectly”, should also apply in legislators conduct all the time.


The unending pursuit for money sustains, because we have been somehow made to believe that money is everything and assumes top priority and everything else is secondary. In a recent incident where a 45 year old man stood in an ATM queue and died of heart attack in Bandel, Kolkata on 3rd December 2016 and people watched him to die for half an hour and nobody even tried to lift him or offer help for because none is ready to give up their serial number, so that a dying person in need could be extended a helping hand. Humanity has touched its lowest ebb in recent times!


This unfortunately reminds of the 1976 Bollywood movie, “Na Baap Bada Na Bhaiyaa, Sabse Bara Rupaiyaa.” – Nether Father nor brother is great but Money is greatest. (#3)


Politicians are screaming in the name of commoner but the actual cry is coming out of the pain they personally suffered due to de-monitisation. As for political parties they can deposit all their cash and other donations in installments of Rs 20000/- (twenty thousands) each transaction and need not declare the contributor or donor. And all that is free from Income tax! So what is their problem when party fund was not to be affected? Mind it, all these were devised as per Income Tax Act far way back in 1961 and the same was strengthened in 2005 in Right to Information Act. (RTI), where Indian political parties were kept out of the ambit of the people’s right to know about their wrongdoings through simple instrument of filing RTI application. So this conspiracy to encourage corruption is deep rooted and not a matter of 5 or 10 years that we can attempt to eradicate.


According to less privileged people, after de-monitisation there is at least talks of differentiation between rich and poor people, otherwise all the time there used to be discussion about Hindus and Muslims; this is a welcome change for better. Most of the poor people I met recently are happy, may be on the account that they feel rich may be less privileged now. Actually there is a word in German as ‘Schadenfreude’ which means deriving pleasure out of other people’s misfortune, this well may also be the case, as effect of such financial reform is bound to have good amount of gestation period.


British formulated Indian Penal code for its dominion but did not do so it even today in their own country. British Judicial system runs on common law of precedence, ratio decidenti but no codal provisions. This discrimination is glaring and reasons for not adopting a Criminal code in the UK till date is a matter of great research. So can it be presumed that Britishers’ are more civilized and honest in their approach, that may as well be researched or British have intentionally corrupted Indian minds through narrowly designed missionary education. One in many ways it might as well be true as the convent school curriculum is devoid of spirituality, psychology, patriotism and vehement methods of imparting as to how to behave and conduct later in life. But then our parents are gullible about it and instantly adopts with no hesitations.


If India wants to achieve its goals of development, patriotism becomes an important factor towards contribution to development as it will radically reduce the enemies within our own country. Press reports and past incidents suggest that the terrorist’s attacks of Jammu & Kashmir and Mumbai 26/11 could not have taken place, if there were no local handlers assisting the enemies with logistics and information. Patriots to remain more vigilant for any kind of suspicious activity in the neihbourhood and there may be rewards for reporting by the Government.


Another source of corruption is undoubtedly poorly laid electoral system since Independence and Income Tax Act 1961, all these make earnings by political parties tax free and the system awfully encourages corruption in public life. In the name of political donations people are encouraged to divert funds for personal use. There is no accountability and unwillingness to conduct electoral reform as the this intention of the legislature or Sententia Legis is further proved and furthers the cause that while legislating RTI Act as late as in 2005, it did not had any provision to allow public to seek information on the political parties of its financial functioning. What more saddening can be for the ordinary masses of this country?


The remuneration of the police and security force is dreadfully low and the living standard that they are subjected to is far below the international norms. The salary of qualified professionals also far below international level, all these factors contribute to utter frustration and leads to corruption. The highest paid job in the west is that of a teacher which is not the case in India, Gurus are not honoured and rewarded adequately and suitably, what could be the principle and policy behind, is just not comprehensible.


Indian’s mistake may be in getting away from Vedic traditions, emphasizing and seeking external comforts and not peeking within so as to ascertain what is the root of the problem? One reason could be adoption of too much of western ways of life, assigning too much prominence to it, thereby neglecting our own ethos and traditions. Especially, if we get into the depth of Vedic wisdom traditions, we would begin to appreciate that it has otherwise all the necessary ingredients to guide us through the right direction towards peace, tranquility and prosperity and development in real terms. (#2)


It may not be out of place to mention here that ‘Development’ as such do not necessarily mean only building up of roads, infrastructures but improvement in “The Human Development Index” (HDI) which is a composite statistics of life expectancy, education and per capita income indicators, which are used to rank countries into four tiers of human development.


A country scores higher HDI when the lifespan is higher, the education level is higher, the GDP per capita is higher, the fertility rate is lower, and the inflation rate is lower. Development has to be commensurate to ordinary human consumption and thus sustainable and not at the cost of the future generations’ lives, so that with days to come earth becomes better and better place to live in.


India today falls in the medium range of HDI in World map but it needs to be taken to next level of high HDI index like Europe, US and Australia who are around 0.9 whereas for India it is around 0.6, on the top of HDI chart it is Norway with 0.944, followed by Australia 0.935, Switzerland 0.930, USA 0.915, UK 0.907 and in comparison Pakistan 0.538, Sri Lanka 0.757 and India is ranked 130th at 0.609 amongst 188 countries (#1), so it is a long way to go, isn’t it, as far as the development is concerned?


Right to development as per the United Nations proclamation in 1986 is, “The right to development” is an inalienable, natural human right by virtue of which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.


Communist Party of China conducts examinations and classes on whatever principle they believe is the right one for their country and the same is conducted throughout the year and for all age groups. May be India can take a leaf out of China’s book and ensure that character building and shape up of a national consciousness which would lead to development of the human index in real terms, takes place with all earnestness.


Unless we are able to comprehend in the premonition of impending danger, our culture and traditions is heading southward for destruction. The one basic character which we need to bear in mind is the weakness of Indians is toleration of any wrongdoing and quick acceptance by the society. If we are to conserve our heritage, culture and ensure our future generation better days to come or “Anchee Din” or Good Old days, then character, building, morality, patriotism are to be imbibed in our future citizen’s mind and belief system right way with specially designed curricula in basic levels and refreshing course at all levels.


So has alarm bell rang and is the time come to deal with matters of national importance with iron hand? Many of us may think so.


#JaiHind

References:

#1. http://timesofindia.indiatimes.com/india/India-up-5-spots-ranks-130th-in-Human-Development-Index-UNDP/articleshow/50170343.cms

#2. http://shantanuc1985.blogspot.in/2016/07/why-vedic-traditions-refuse-to-die.html

#3. http://indiatoday.intoday.in/story/demonetisation-atm-west-bengal-mamata-banerjee-modi-kolkata/1/826035.html