Saturday, February 14, 2015

Judicial system that British gave to India

The Indian judicial system is a shining example that a pro-colonial academic in law and sociology would cite in favour of British Raj. Afore mentioned system came into existence in 1860 after forming of law commission with chairmanship of Thomas B Macauley in 1834 under Charter Act-1833. The laws formulated by British during this period are currently being used as basis in India, Pakistan, Bangladesh, Burma, Sri Lanka, Singapore and Brunei (Wikipedia-Feb 13, 2015)

Indians who were subject to this new justice system introduced by British soon started feeling the heat. The first victim who paid a price with his life to this justice system was an employee of East India Company. His name was Maharaja Nandkumar, a tax collector of Bardhwan, Nadia and Hugly. He draw East India Company's attention toward financial corruption of Warren Hastings. Latter was enjoying top position of Governor General of the company. The documentary evidence of bribe worth "more than one-third of million rupees" (Archives of Empire: Volume 1. From The East India Company to Suez Canal, 2003) was dubbed as accusation against Warren Hastings. In order to save Warren Hastings, his friend George Vansittart connived with other local Indians and charged Nand Kumar with forgery. Despite having no jurisdiction to try an Indian for a crime against an Indian, in the light of evidence that was termed doubtful according to English forgery statute (The Bribery of Warren Hastings: The setting of a standard for integrity in Administration, Hofstra Law Review, Vol. 10, 1982), Supreme Court judge Sir Elijah Impey, again a friend of Warren Hastings, sentenced Maharaja Nanda kumar to death using English law that held forgery as capital offence (India Under British Rule, 1886, p. 67). Thus, with the help of friends at high positions, Warren Hastings - a designated public robber by Edmund Bruke, saved himself from charges of corruption in India. 

Similar attempts are currently being made to save another "public robber" who is famously known as "Social Activist". Her name is Teesta Shetalvad. Teesta Setalvad became famous social activist after infamous riots in Gujarat, India, during Feb-March 2002. Currently she is facing serious "allegations of cheating, misappropriation and breach of trust" (Indian Express Date: Feb 13, 2015) regarding the funds raised to help riot victims.

Her conviction to help riot victims lead to raise funds in substantially large amounts that she has been accused of using for personal benefit. One wonders if helping riot victims was real motive behind the fund raising. Her hate for Hindu community can be gazed from the following tweet of her that links Islamic State horrors in Iraq to Hindu deities.
Furthermore, she was the face of vilification campaign that run against the then chief minister of Gujarat and current Prime minister of India, Narendra Modi. If money trail can lead to source of this campaign, Ministry of Human Resource and Development, India, ministered by Sh. Kapil Sibbal donated Rs 13,900,000/- to the trust run by Ms Teesta Setalvad. No wonders, Teesta lead the hate campaign against the elected chief minister that lasted for nearly 12 years in print and electronic media, despite supreme court appointed special investigation team found no evidence of involvement against Sh. Narendra Modi. 





All criminals are entitled to bail in order to prepare their defence subject to court orders. In this case, she was denied anticipatory bail by high court of Gujarat. As in the case of Warren Hastings, with the help of "friends" in the high offices, she avoided imminent arrest. The prompt response of Supreme Court to bail plea of Teesta Setalwad surprised many.


Despite hearing bail plea at lightening speed for the social activist, the judges of the Supreme court of India, who are enjoying constitutional independence in functioning from executive, wants to hold government responsible for extraordinary delays in delivering justice to Indian citizens.

"Senior Supreme Court judge Justice T S Thakur, who is due to take over as the Chief Justice of India later this year, on Thursday blamed “lack of governance” and “officials’ inability to take decisions” as prime reasons behind the deluge of cases choking the justice delivery system." (Indian Express Date: Feb 13, 2015)

In the end, urge of concious citizens of India to Modi Govt. has been summed up in following

Update: Feb, 18,2015

Despite rejection of bail, in a due process by high court of Gujarat, prominent left leaning intellectuals, Noam "Chomsky, historians Irfan Habib and Romila Thapar, economist Amiya Bagchi, Prabhat Patnaik, and Ashok Mitra, noted Sanskrit scholar Sheldon Pollock, film-maker Kumar Sahani and screenwriter Saeed Mirza, among others"(Hindustan Times Feb 18, 2015), have begun to use their prominent positions in academia to influence public opinion.

In order to build public sympathy and portray his client as victim, the print media that has been hostile to then elected chief minister of Gujarat is providing op-ed space to the lawyer who is defending Teesta Setalvad.

After issuing interim bail, by a SC bench on a phone call request, till the plea of anticipatory bail is heard, supreme court is going to constitute a new bench to decide fate of Teesta Setalvad. Wondering if this new bench is being constituted on advice of executive or its the liberty that Indian constitution provide to Supreme Court of India [to further delay the proceedings].



Update: Feb 19, 2015

The defence lawyer of Teesta and former minister of Ministry of Human Resource and Development, Sh. Kapil sibble argues "If she is arrested and sent to jail, the voice of dissent against the might of a state will be lost. She is ready to face investigation. This is a fit case for grant of anticipatory bail. Please don't allow Gujarat Police to arrest her"(Times of India - Feb 19, 2015). While lawyers argue anything in the court, one of the reason for the Gujarat high court to reject the bail plea was "Setalvad was not cooperating in the probe" (Indian Express, Feb 13, 2015). Furthermore, high court judge J B Pardiwala rules that “They cannot be armoured with full fledged anticipatory bail when applicant did not cooperate with the investigation,”.

 The publication of op-ed by another lawyer and defender of Tessta in supreme court led to unprecedented development. The Chief Justice of India, appointed new bench for bail plea hearings. The times of India inquiry revealed that "none of the judges on the earlier bench, Justices Mukhopadhaya and Ramana, had rescued from hearing the petitions" (Times of India - Feb 19, 2015)
The new bench has started afresh. All time and money spent by Gujarat high court appears to be wasted as their ruling is completely disregarded by supreme court. 


Cartoonists look better than common man!!!

A fair criticism of supreme court on extraordinary delay in delivering justice to Indian citizens if they are not having contacts in high offices.

 An opinion that supreme court least bothered to consider.

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Saturday, December 20, 2014

Leftist Hinduphobia

On Dec-16, 2014, in a gruesome massacre at Army public school, Peshawar, allegedly by Pakistani Taliban, also refereed as "Tehrik-e-Taliban Pakistan (TTP)" more than 140 school children were murdered. A school teacher was also burned alive. This mindless killing has been justified using Islamic holy scriptures by murderers. Impact of this news, as it broke, was such that simple "condemnation" without any action seemed "putting the issue in cold storage" or "It was just another event".


Despite worldwide condemnation, echoes  of the gunshots fired upon unsuspecting school children reflected in civil society of India and Pakistan are more shocking. Taking lead from attackers burning school teacher alive, "Eminent Journalists and Intellectuals" of Pakistan are attempting their best to convince locals that Indians (Hindus, if community is not specified in Pakistan context) are behind this massacre (See video of one well known Pakistani intellectual Dr Sahid Masood below). 


 

Indian "secular" bloc are busy expressing their views comparing Taliban with "Sanghis" in their peculiar way. While Pakistanis were calling people to come forward and file an FIR against the criminals, Indian intellectuals are propagating idea of "reclaiming mosques" based on report published in popular news paper "The independent" that reads

"The leader of the group that carried out the massacre has issued a warning. “If our women and children die as martyrs, your children will not escape,” Umar Mansoor warned. In the past, such threats provoked a terrified silence. No longer. In Islamabad, hundreds gathered outside the Red Mosque where extremist preacher Maulana Abdul Aziz is based. In recent days, he had been much in evidence on television supporting the Taliban."

Furthermore, 
" “We are reclaiming our mosques,” Jibran Nasir, the organiser of the protest told The Independent. “These are our houses of worship and they should represent our concerns and not that of our enemies.” They came bearing signs, “Go Taliban Go” and “Apologists are the enemy”. One sign said, “Run, burka, run”."

Nowhere in the report, Hindus are even remotely addressed. However, some authors took the lead in deriving "useful" conclusions/confusions, that demonstrate prevalent "Hinduphobia" among left leaning Indian intelligentsia .

The conversation begins with Ms Versey, for whatever reason, opining that Hindus should reclaim temples from "sanghis" or "Hindu Taliban", a term invented by "Secular" bloc. A local general knowledge says that barring [probably] only 2 temples (Padmanabhswami temple, Kerala and Tirupati, Andra Pradesh), all Hindu temples are under state control. On contrary, Hindus are actively working to get rid of state intervention in temple management and improving conditions of the temples.


Conversation continues to reveal true nature, purpose and location of gathering (Thanks, Tarek Fatah).


What else can be clear manifestation of "hinduphobia" among "leftist intellectuals"? They did not miss even this tragedy from using for their predetermined motives.

update (23/12/2014): Pakistan urdu media blames India for Peshawar attack. (Link)
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Wednesday, May 8, 2013

Religion that impacts in Electoral politics

Recently Karantka state elections 2013 concluded. Indian National Congress (INC) won decisively. Bharatiya Janata Party (BJP) ended in third place. Lot of joy was seen on congress supporters on social media. BJP supporters were searching for reasons for BJP's defeat.

In all this one important picture that shows light on how a specific religion impacts electoral politics.

Is this appeal, or recommendation in behalf of candidates listed, by religious body changed the electoral outcome? How appropriate for a religious body to issue a whip in the name of "appeal" to voters? How different it is from "imposing one's will on others"? This is surely a dangerous sign in electoral politics in democracies.

Congress has won elections with near majority. This "appeal", to support congress and subsequent congress victory, is indicator that "Muslims" in India is a "vote bank"?
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Religion that impacts in Electoral politics

Recently Karantka state elections 2013 concluded. Indian National Congress (INC) won decisively. Bharatiya Janata Party (BJP) ended in third place. Lot of joy was seen on congress supporters on social media. BJP supporters were searching for reasons for BJP's defeat.

In all this one important picture that shows light on how a specific religion impacts electoral politics can be seen.

Is this appeal, or recommendation in behalf of candidates listed, by religious body changed the electoral outcome? How appropriate for a religious body to issue a whip in the name of "appeal" to voters? How different it is from "imposing one's will on others"? This is surely a dangerous sign in electoral politics in democracies.

Congress has won elections with near majority. This "appeal", to support congress and subsequent congress victory, is indicator that "Muslims" in India is a "vote bank"?
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Sunday, April 14, 2013

Culcutta Chromosome synthesised

The ghost of Subhash Chandra Bose (Bose) has greatly haunted Nehru-Gandhi legacy during Indian freedom struggle in India. The British, or may be Europeans in general, who see M K Gandhi as epitome of non-violence, give full credit to Indian National Congress (INC) for Indian independence. Furthermore, apart from M K Gandhi (Gandhi) and J L Nehru (Nehru), all other important leaders of INC hardly get any mention in western historical narrative. This selective approach builds an impression of INC as 2 men army, who fought for freedom without arms i.e. using non-violent methods.

Is it true narrative adopted by officially appointed historians? Or is it the case that historians were hired to perpetuate 2 men army model of the INC? The article, "Culcutta Chromosome" by Patrick French (P French), is another such article to emphasis 2 men army model of INC, who led India to Independence undermining important contributions of others, Bose in particular.

P French argues, that "it was Gandhi and Nehru's policy of patience that secured Indian independence". This statement is lack of substance and long perpetuated myth by colonial rulers and historians of Marxist flavor in Independent India. 

This blog is to break this myth using most available information in the public domain and hence not making any new revelations. It is known that Bose was advocating armed fight against British. Therefore, British were keen to arrest him. Bose, as P French mentioned, "escaped" from prison in "Calcutta and travelled abroad disguised as a Pathan pilgrim". Bose also went into negotiations with world leaders, during WWII including Hitler, for his cause - armed Indian freedom struggle.

Hitler is a most polarizing figure in world. Someone, who is not vehemently criticizing Hitler, is often dubbed as Nazi supporter and Holocaust denier (From my personal experience in Australia). Horrors of Holocaust hits first mention whenever Hitler is quoted. This information is nicely used by P French when he pose question "Why should Bose be a hero after his embrace of Hitler?" This question has to be answered. 

It is true that Hitler had no positive opinion for Indians. P French rightly mentions, Hitler saying to Lord Halifax, "Gandhi ought to be shot and the Congress leadership executed in batches of 200 at a time". However, Bose had never expressed slightest consent to Hitler's thoughts. In fact, his opinions for Indians were so negative, Hitler declined to meet Bose and ignored his cause.

Bose was planning to build army using Indian soldiers. He saw opportunity, of building army, in Indian prisoners of war (PoWs) kept in enemy camp. Probably P French forgot to mention that Indian PoWs were used as shooting targets by Japanese army. Following Picture (taken from Wikipedia) should refresh these memories.


Bose, talking to Hitler and Japanese for his cause of Indian independence, really saved many lives of Indian PoWs. This, in my opinion, is sufficient to make him a hero. As a hero, a leader, he made Indian National Army (INA) and fought against British for his cause. He nurtured a sense of Indian nationalism in demoralized Indian PoWs. This sense of Indian Nationalism in British Indian Forces, made British government of that time grant India independence.

P French may be ignoring the conversation of the then prime minister of UK C Attlee and Bengal governer B P Chakravarti that states among several reasons, "the most important were the activities of Netaji Subhas Chandra Bose which weakened the very foundation of the attachment of the Indian land and naval forces to the British Government." Furthermore, on questioning contribution of nonviolent movements of Gandhi and Nehru in granting India independence, C Attlee replied "'mi-ni-mal' (Emphasis added)." (from http://folks.co.in/blog/2012/01/23/who-brought-freedom-gandhi-or-netaji/)


N S Rajaraman argues that the fall of British empire began with fall of Singapore.  Therefore, independence of India is more closely linked with freedom of South-East Asia. Furthermore, post-war trials of INA members lead to mutiny in British Indian forces. This new development is generally ignored by historians of Marxist flavor. From impeccable British sources, it can be said that Bose made a great contribution in cultivating Indian nationalism. INC, on the other hand, miserably failed to do the same despite enjoying massive popular support. Sometimes, I ask myself, what exactly was the purpose of A O Hume to establish Congress in India.

In article published in The Week, P French makes a subtle and weak attempt to undermine contributions of Bose and therefore fails to decode Calcutta chromosome.
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Sunday, March 31, 2013

Intellectual skirmish

A skirmish between MaCauley Putras and Anglophiles  can be seen here. "MaCauley putras" is a term referred to those elites of India who take pride in speaking flawless English. Furthermore, they thank British for coming to India, and enslaving (ooops. educating and hence civilizing) them. On the other hand, "Anglophiles" are those who speak fluent English but refuse to accept that British brought education and hence civilization to India. They also put a bad light on British crimes during British raj.


I included this post in blog to show that sledging can be done in a respectful manner. This skirmish also show how Anglophiles are countering MaCaulay Putras in India.
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Tuesday, March 12, 2013

A systematic sale of Girl

In Islamic world, it is allowed to marry more than one wife subject to condition that the husband treat all his wives equally. Whatever may be the reason for having multiple wives, there is an ample scope of it being abused. 

Some poverty stricken Indian Muslims forget that they are responsible for their daughter's future. For sake of small money paid in return for marriage, they are playing with emotions of their own daughter.

Marriage being a "contract" in Islam, here is a classic report by Sreenivas Janyala published in Indian Express on Mar 10, 2013 that can be said as "a systematic sale of girl" to a foreign tourist.

"Osama Ibrahim arrived in Hyderabad a month ago with very specific requirements: he wanted to marry a girl below 20; he would pay Rs 1 lakh to her family as bride price; the marriage would last a month; and that he would leave the country after a divorce.
The 44-year-old Sudanese engineer, who has a wife and two children back home, had no problem finding what he wanted. At least five brokers agreed to provide girls and families meeting his specifications. He rejected three brides-to-be, before selecting a 17-year-old.
Her story would have become one of many in Hyderabad's bride bazaar but for the fact that this girl decided to fight back. On March 1, eight days after the nikaah, she managed to escape, reached Moghalpura police station and filed a complaint.
Since then, Ibrahim, the girl's father Yousuf Ali, her aunt Mumtaz Begum, the qazi who conducted the wedding, Mohammed Nasiruddin, and an alleged broker, Zahira Begum, have been arrested. On March 5, the girl was shifted into protective custody at a Government Girls' Home on the recommendation of the Investigating Officer in the case, Vijay Kumar.
"I was surprised when I came to know that the marriage was performed by a government-appointed qazi. It is illegal. He claims he did not know about the contract (for the wedding), but I do not believe him," Inspector Kumar says.
The 17-year-old from Moghalpura's Tallabkatta area has eight younger siblings—two brothers and six sisters. Both her parents, Yousuf and wife Ayesha, work as labourers. Yousuf has two other wives, with several more children. His two brothers and their families also live with them.
An intermediate drop-out, the girl says she was told she would be marrying a wealthy engineer, who would pay her father Rs 1 lakh. "I did not know that he was 44 years old and already married. On February 21, the nikaah was performed at our house and, even before I could give my consent, the ceremony was over. I was in shock and do not even remember saying kabool. Only after the ceremony did I see him," she says.
"After the wedding, he came to our house every day but I always found one excuse or the other not to be alone with him. My friend helped me slip away from home and call the police," she says.
Zahira Begum, who is accused of brokering the marriage between the Sudanese and the girl's family, initially tried to pass herself off as a distant relative. But police have found that she was not related and allege that she is a well-known broker operating in Charminar, Moghalpura and Barkas areas.
The girl's aunt met Ibrahim through brokers, who also contacted families of several other girls. "Ibrahim chose this girl, paid the money to her aunt and within hours, a qazi performed the nikaah. The girl was taken home and was to return to the guesthouse where Ibrahim was staying, but she slipped away from home and lodged a police complaint," says Kumar.
Ibrahim is among the many "grooms" from Sudan and Nigeria believed to be scouting Hyderabad for young girls to marry and leave. The racket that was earlier confined to sheikhs from the Gulf has spread to these African countries. There are cases where young students from East African countries have entered into contracts with girls' families with a clause that the alliance is to automatically end the day they complete their studies and return home.
"It is often girls from poverty-ridden families who are forced to agree. Sometimes there are six to eight girls in a family, and they feel there is no way out. The understanding is that the bride price received would pay off debts, if any, and help the family in dire straits. It also paves the way for other girls in the family to marry," says Shiraz Amina Khan of the NGO Women and Child Welfare Society.
If anything, getting such brides has become easier. "Earlier, at least the bride price was a few lakh rupees, now it is just about one lakh. After brokers take their cut, the family ends up getting less," says Khan.
The Waqf Board says that government-appointed qazis do not perform these contract marriages. But the girl's case proves this to be wrong. "Such marriages cannot be considered valid under the law of the land or Islamic law. Poor families are falling into this trap lured by brokers and fixers," says Ikramullah, chief of the government-appointed qazis for Hyderabad. He adds that he would make sure that Nasiruddin, who performed the girl's marriage, is convicted and never performs another nikaah.
Last July, concerned over the increasing number of such marriages, the Waqf Board had called a meeting of government-appointed qazis. "Our aim was to convey to the qazis that they should desist from performing contract marriages," Waqf Board chairman Syed Gulam Afzal Biyabani says. However, of the 14 government-appointed qazis, only eight turned up. "Of the eight, two said they would not perform a marriage if they 'felt' something was not right or the girl 'appeared' to be a minor. Only after we talked tough did they agree to scrutinise all marriages involving foreign nationals," a Waqf official says.
Officials admit the demand and the ready supply, given the desperation of the families, make it difficult to break the nexus. Still, they believe, the Waqf Board is not strict enough. "The board should not attest marriage certificates in suspicious cases and insist on couples registering their marriages. Qazis should be asked to file copies of all nikaahnamas of marriages they perform. If the board wants, it can ask the qazis to insist that foreign nationals get permission from their governments to marry here," says Zahid Ali Khan, editor of Siasat newspaper, which ran a campaign a few years ago against contract marriages.
One of the senior-most qazis in Hyderabad, Ali Abdullah Rafai, was arrested in 2011 and his licence cancelled after he arranged contract marriages of several minor girls with Arabs. In the past two years, at least six government-appointed qazis have been either suspended or arrested, according to the Waqf Board.
"Everyone knows that in Islam, such contract marriages do not have any validity," says Khan of the Women and Child Welfare Society. "They are just disguising what they do by labelling it a contract marriage." "


(Last edited May 15, 2013). 
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