Showing posts with label Fundamental Right. Show all posts
Showing posts with label Fundamental Right. Show all posts

Monday, November 1, 2010

Subjective debates undermine issues Objectivity needed!!


 



























Another auspicious day in India! The States Andhra Pradesh, Karnataka and Kerala came into being at different times as part of the Indian union today. All three of them are in the southern part of India. Let us all join in wishing these states and the people a great future.


Human is the most evolved specie of all the animals that inhabit the planet Earth. We have a slew of entities with geographical boundaries termed as countries, each with its own uniqueness, predominantly practicing Democracy as the form of governance; some are theocracies, while others are totalitarian. Each has it pros and cons, endless debate goes as to which is better. Without any doubt maximum cacophony emanates from countries which practice Democracy, as it is everybodys birth right to start howling moment they do not agree with something that the state does and show inclination of doing. Be it denying permission to erect Minarets in Switzerland, or a Mosque at Ground Zero in New York USA, or expressing the desire to burn the Holy Quran by Pastor Terry Jones on 11th of September 2010 or be it the Ban on wear Burquas in public in France.  The outcry is in unison from almost all corners of the world and Democratic Rights are cited by one and all.
Lets now focus on the raging debate in India. Yes it has to be on what was stated by Ms. Arundhati Roy on the status of state of Jammu & Kashmir in the Union of India. We have since then had a series of Television debates so called liberal, Human Rights activists and Intellectuals placing their considered opinions about this issue. Like wise many articles and news report along with blogs have been written on this issue. Arguments for and against have been vehemently presented to the readers, with a bias of the author of the piece very evident as we read them. Let see what was said.  “Kashmir needs freedom from India” , “I said what millions say in Kashmir” “Pity the nation that has to silence its writers for speaking their minds. Pity the nation that needs to jail those who ask for justice while communal killers, mass murderers, corporate scamsters, looters, rapists, and those who prey on the poorest of the poor, roam free.”    ,“Only voiced what Kashmiris feel” 


After this started the round of customary round of written rebuttal from other journalists, intellectuals, legal eagles and all those who felt aggrieved at what had been stated by Ms.Arundhati Roy.“Arundhati Roy is dangerously wrong on Kashmir” . Don’t pity us, Arundhati – not yet.   ,“Congress asks Arundhati Roy to withdraw Kashmir statement”, “No damage to India from Arundhati Roy's remarks”  and “Kashmir’s molehills”. 



Rest easy I am not going to discuss the merits or demerits of what each of them have said or not said. I am going to touch upon a larger question and leave to the readers to decide for them selves what should take precedence. The orderly existence of a civil society is predicated by a set of rules or laws universally applicable across the board. We surrender before these laws and conduct our daily lives within the established acceptable norms. It maybe perfectly normal to walk stark naked within the confine of ones house, however the same act in public is treated as unacceptable and invites punishment under relevant law. Having sex is not prohibited, however if the same act is performed in public or against the will of the other party law views this as an infringement and punishes accordingly. There are no debates about the status of the accused nor is the society, media or intellectual empowered to hand out punishment this is done by the court of law duly established as per the terms set out in the constitution of a country.
Ones Freedom Fighter others Terrorist is an old debate.
The debate on the current issue should be objective in nature, unfortunately it has degenerated into a subjective debate. Why should there be talk of Freedom of Speech or Expression. The basic issue is has the purported statement been made by Ms.Arundhati Roy?….The answer to this is ‘Yes’.Is there a law which defines the limits or conditions for such speeches? Yes there is a law.  Does it in anyway transgress the established laws of the land?.... Answer I am not competent to judge this, neither is the society or the large number of commentator No is an emphatic response to that. Then who will pass a judgment on this?..Court of Law as empowered by the Constitution of the country. Who will produce the evidence and the alleged culprit before the court of law? This is the function of the executive. Let us remember when the ministers assumes office in a government, they are administered an Oath of Office. This is the text…
                                                   THIRD SCHEDULE
[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]*
Forms of Oaths or Affirmations
I
Form of oath of office for a Minister for the Union:—
“I, A. B., do swear in the name of God
that I will bear true faith and
allegiance to the Constitution of India as by law established, 1[that I will
uphold the sovereignty and integrity of India,] that I will faithfully and
conscientiously discharge my duties as a Minister for the Union and that I
will do right to all manner of people in accordance with the Constitution and
the law, without fear or favour, affection or ill-will.”
II
Form of oath of secrecy for a Minister for the Union:—
“I, A.B., do swear in the name of God that I will not directly or indirectly
communicate or reveal to any person or persons any matter which shall be
brought under my consideration or shall become known to me as a Minister
for the Union except as may be required for the due discharge of my duties
as such Minister.”

I have my eyes firmly fixed on the executive waiting for their response. Will any action on this be forthcoming!
As a child we are often taught the importance of time “Stitch in time saves nine.” The other thing that is ingrained into us that “Pen is Mightier than Sword” if this be the case then how can the purported crime of Ms. Arundhati Roy be ignored.

In conclusion is this tweet which was addressed to me earlier this evening. “Suratsuri@anilkohli54 as an Indian who did not write/indulge in any Small Things,I want freedom from Arundati Roy n all her booker contemporaries”

Latest update : Delhi High Court why shouldnt action be taken against A.Roy for antiindia speeches?Wheels R turning atlast                               

Sunday, October 3, 2010

Do Not Supress Free Speech and Expression.

“Thank you Hindustan Times for zealously protecting our right of expression as you do yours. Most of us come to this site for there is no censorship unlike most other mainstream English media sites; here comments are flagged only if they are offensive in the extreme.”

These were my sentiment as expressed on 24th of July 2010. I have been reading Hindustan Times for over 40years now.

The change or should one say the intolerance and propensity to delete comments deemed unpalatable for reasons other than abusive, derogatory or inflammatory, has transformed Hindustan Times into a virtual Police State. This trend of heightened censorship has been visible ever since the Home Minister of India issued a statement around the 8th of September 2010 in connection with the events that were to unfold in USA on 11th September 2010.

The arrogance accompanying this mindset is that the individuals to whom this platform is readily accessible may indulge in their favorite pass time of denigrating individuals, religion, caste, class or a Political outfit of their choice.

Yet the same right that is bestowed on all citizens of this country in equal measure by the Constitution of the India is being denied systematically and wantonly. This is an unacceptable situation in a free and democratic country like ours. Hindustan Times should display the courage to receive in return as good as it dishes out to those whom it pleases.

These were the comment that were posted on their site this morning in response to an article Shaving grace? by Indrajit Hazra

"Shaving grace? - Hindustan Times 22 hours ago



Wit, Humor and Satire evoke positive response if and only if timed appropriately. Conversely is a source of great embarrassment to the person indulging in the above acts!

You are found wanting in that.

Existence in a civil society is dictated by certain norms, go against them and you are classified differently.

Against the system...............A rebel
Against the state..................A criminal
Against the society...............Anti social
Against the family.................A black sheep.

Irreverence is a great tool employed by those endowed with grey cells, dark black holes do not make an intellectual.

Overwhelming response on the board are against this attempt at irreverence, yes there are 3 or 4 commentators who are going upstream, these are chronic cases seeking attention, who are delusional that the universe exist due to their efforts and they are the center piece around which the earth revolves.

Finally your reaction would not be far different from the majority on this board in case the same irreverence is display towards your ideology, parentage, siblings or your spouse.

Stink is rising fast prudence should be the watch word.
This comment is awaiting approval

Edit Delete Context HindustanTime"


I will conclude this with an appeal to all those who read this blog to make it a point to post their views if they did indeed find my comment unreasonable, derogatory, abusive or inflammatory. Do these comments need to be flagged and approved when this is not a standard practice.
Thank you all for you support.

Wednesday, February 10, 2010

"A Family Enterprise"


This is in response to the piece written by Ms.Sagarika Ghose is Senior Editor, CNN-IBN in the Hindustan Times of 09th Feb 2010A family enterprise 

This blog also appears as "The Dhritarashtra syndrome on IBNlive.com

Grudgingly one would have to agree with the author of this piece.

The question that we are asking is where is Sanjay the charioteer? Dhritarashtra, his compulsions, and role we understand! Is Media the modern day Gandhari? No it should be Sanjay! Silence of Sanjay is baffling, his active support to Dhritarashtras of today is bewildering.

Dhritarashtra is an apt standard for comparing most political outfits. The author has not alluded to the role of the media, which is a more than a willing partner in the disrobing of Draupadi (Indian Democracy). The moral duty of the media is not to promote the undeserving, yet all these worthies are prostrating at the feet of these very GenNext of the Political parties in India. Who affixes label of Scion, Prince and many others to these sons and daughters of the political patriarchs not the public? It is the Media. Who has killed the meritocracy in this country? Not the public, it is the media.

Has any one in the Media ever publish the Resume of these colts and mavericks who are paraded as the GenNext of Indian Politics, who will take this country forward on a trajectory that would make us a truly global player. Why does the media? Not highlight the public service done by these Icons before they assume party positions. The media has failed, is failing on a regular basis to discharge it duty of a watchdog, and the fourth pillar of our democracy. The new kids on the block would be easily judged by the public for their services or lack of it prior to being anointed heir apparent to their respective political fiefdoms and thrones.

If our political collage is feudal it is because, while the political class wanted to perpetuate it, the media has propagated it willingly. The non stop fawning over certain individual is as repugnant as is pathological hatred for others. That we witness on a daily basis in the Print and Electronic Medium.

The larger than life personalities are a creation of the Media. The Demi God Status is bestowed on the undeserving and unworthy by the media, as a constant barrage that is unleashed by the Media, that influences the young minds in this country who are yet to come to terms with the harsh realities of the world, the uneducated get swayed by this 24X7X365 Swan song played by this media.

A great disservice is being done to this country. The Dhritarashtras will sustain, disrobing of Draupadi will continue, as long as we have the willing partners for this in Print and Electronic Media in India.


I welcome a debate and discussion on this…As always, please keep your tone civil, your language polite…no sweeping generalisations please and no personal abuse.  Thank you.


Tuesday, November 10, 2009

Indians responsible for the rot in democracy

09th Nov 2009. There were three significant incidents which occurred, all three were connected to the politicians of India. The new depths that this class is discovering on an almost daily basis, speak volumes of their ability to ignore propriety in public life, offer inane and insensitive arguments, subvert, tarnish and diminish what ever they touch other than their personal assets, which multiply @ of Mach 7 or more.
We had just about digested the news that Mr. R.R. Patil re-appointed as the Home Minister in Maharashtra, he had done a wonderful job during terror strike on Nov 26th 2008. After all did he not make light of this attack, as a minor incident in a major metropolis of India, we should learn to live with it. 190 lives lost, no consequence we are a nation of billion plus, few lives lost should not galvanize or impel us to rile the political class or demand upgrading of security systems and equipment. The man was removed from this very post on 1st Dec 2008, what has changed now that the person in question is back at the helm of the same ministry. Did the political bosses make a wrong decision on 1st Dec 2008 or is it now? Guess both premise are wrong, the fact of the matter is new mandate has washed away all previous sins. We the electorate, have pardoned all the acts of omission and commission by re-electing the same persons. Who should bear the burden of this act? Naturally, we the people of Maharashtra. We had the opportunity and the choice we were decisive in our action, unlike the politicians. Let us wait for our fortunes to multiply at a similar rate as do those of the political class.
Manu Sharma out on parole! so what? Convicts are entitled to parole, victims have no such rights. We are a democratic country with well defined laws and laid down procedures to be followed. The catch is, the foot note that is appended to each and every law “Except the framers” We do claim that rule of law is prevalent in India and often hear “Law shall take it own course”. Travesty of this statement is the common man suffers all his life for want of action, the rich and famous escape the long arms of law for the rest of their life for the same want of action. Law shall take it own course, please do explain which is this course, that will ensure justice to the common citizen in this country.The CM of Delhi went to great lengths to explain the how the system works, yet she did not explain how on earth the basis of parole for a murder convict could be to attend to his Business needs. Bizarre that the state! Should be more concerned about the health of the convict’s business? rather than the sentence that he must undergo, for a heinous crime such as murder. Here again the politician cannot be held accountable, the people of Delhi after all re-elected the same government for the 3rd time in succession, so all previous sins were washed away and a fresh start.
What transpired in the late afternoon in the Maharashtra State Assembly, is best described as “Mobocracy” democracy is all about debate and reaching consensus. This was all about physical violence and intimidation. Guess what we the people are again the culprits we had the opportunity, we exercised it after due diligence and gave our verdict in favor of what we witnessed in the state assembly. The politicians are not to be blamed after all one set was engaged in protecting the Marathi Pride and Culture, the other taking oath in Hindi which is permitted under the constitution of India, was demeaning the Marathi Pride and Culture. India seems to be passing thru a period of relative calm and hence the need for excitement, what could be better after the fatwas against the national song “Vande Mataram”. A bit of indulgence in linguistic chauvinism and divide the country along those lines after all the division along religious lines is not offering the high returns that one used to witness previously. The states in India were demarcated linguistically. The trend is dangerous, disintegration of the country is a possibility that cannot be ignored. After all equal and opposite reaction, a law from Physics, would come into play sooner than later. Is suspension of 4 MLA of MNS for 4 years sufficient?
The common thread that has run thru all the three events is the role of the political class. The ultimate responsibility can only be laid at the door step of the people since it is us who elect these individuals repeatedly to govern, that mandate is conveniently transformed into an agreement to Rule us with no accountability on their part. Suffering is our share of the deal.

Saturday, November 7, 2009

Religion or Nation First

The suggestion or a premise that singing of Vande Mataram would amount to affirming ones patriotism, conversely lack of it, is ludicrous and absurd.

What was the purpose of the fatwa? If it was to object the coercion or compulsion to sing the national song, then what is being done, is exactly the same, coercion is employed prohibiting a section of the Indian society from singing the national song. If the former is unacceptable, is communal, how on earth can the latter be acceptable and secular.

However there are larger points which need to be visited and should not be glossed over in our usual hope this will fade away. The benevolent attitude, of the Union Government, the accompanying pontification is a cause for serious concern.

A fatwa in the presence of ¼ to ½ a million Indians of common faith, carrying the message back to a nuclear family of 4 at the very minimum we are looking at a million plus people who receive the message first hand, the Geometric Progression impact would be much larger.


Was this an aggressive assertion of religious identity, and ability to influence elections or change the course of history of this Nation!

Has India not paid a heavy price or do the clerics feel cost has not been paid in full and more is due.
Contentious issues raised by the minorities are secular, become communal when raised by the majority community.

1. Was there a tacit nod from the Union Government, the Congress party to exhume this issue after nearly 5 decades?
2. Should sub identities over ride Nationality?
3. What does secularism mean?
4. Why the need for a religious identity by a minority which is the largest group?
5. Was this done to provoke an aggressive and opposite reaction from the majority?
6. How should the common man answer to his young ones who are the future of this country what comes first Religion or Nation!
7. Does the Constitution permit this Fatwa, opinion, decree or edict what ever one may wish to call it!
8. Would it be acceptable to the Union Government if some Sadhus and Sants gave a clarion call for construction of a temple or prohibiting an act or performance to the member of their community?
9. Where is all this going to end and when?
10. When are we going to activate the process of healing?
11. Winning election and garnering votes more important than unity of this Nation.

The door has been prized open for further such fatwas towards other national symbols, should this not be nipped now, the price exacted could be far heavier. What would the Government do incase this religious group was to demand that the passports issued to them should be written in Urdu?

Did the very Congress perform its duty of protecting the minority group in 1984 when there were large scale killings on the street of Delhi between 1st to the 3rd of Nov? Is this duty enshrined in the constitution of India? What are the duties of the minorities? Where are they enumerated?

Those who are in a position to influence their co-religionists would serve them and the Nation by adopting a positive approach towards, empowering the people thru education, employment, tolerance and providing space for other religions by engaging in a constructive dialogue to overcome all out standing contentious issues.

Needless to say we are a large family of diverse religion, languages etc etc, we are also civilized, capable of discussing and resolving matters.





I welcome a debate and discussion on this…As always, please keep your tone civil, your language polite…no sweeping generalisations please and no personal abuse.  Thank you.