Saturday, June 23, 2012
Contribution of Secularism
Monday, August 22, 2011
Land Acquisition Bill - Limitation & Salient Features
The Para 1 (A) doesn’t bind government acquisition to take 80% consent from the land owners before acquiring, this is only when the land will be used by Private Companies.
Inference :
The difference between Government acquisition in normal case & Urgency Clause will be of time.
POINT 2.
The Para (2) states that only the provisions relating to rehabilitation and resettlement shall apply when:-
(a) Private companies purchase or acquire land, equal to or more than one hundred
acres, on their own;
(b) a private company approaches the Appropriate Government for partial acquisition
of an area so identified for a public purpose.
PROVIDED that where a private company seeks Government intervention for partial acquisition then the rehabilitation and resettlement entitlements shall be applicable for the entire area identified for acquisition by the private company and not just the area for which the intervention is sought.
Inference :
What about R&R scheme, when Government is acquiring land under Para 1(A) of 1 (a )
There is huge gap between understandings of the law due to Point 2. There is no proper relation between Para 1(A) 1 (b) being read with Para (2) and then reading Para 3.
POINT 3.
The Part II of Para 7 (2) d states that Irrigated Agriculture Land can be acquired as last resort, whereas NO Irrigated Multi-crop land can be acquired.
Inference :
There is no definition of Multi – Crop land in this Act, everyone is aware there are two types of Crop in India – RABI & KHARIF, this become 2 types of crop thus all agriculture land will become multi crop. The only difference is Irrigated or not, thus Non – irrigation Land having multi crop can be acquired.
POINT 4.
Para 3 states that Social impact assessment will be done only when the land acquired is equal to or more than 100 Acres and will not be done in URGENCY Clause.
Inference :
If in one step a 99 acre land is acquired then it will not be covered under Resettlement & rehabilitation scheme, there is no clarity after how many months of days the land adjacent to the acquired land can be acquired. Thus giving a loophole of acquiring land in multiple stages upto 99 acres to avoid R&R scheme.
POINT 5.
Change of Land Use, there is no provision in this act to demoralize transfer of Agriculture Land to Non – Agriculture activity.
POINT 6.
The Definition of INFRASTRUCTURE PROJECTS in para 2 (n) includes TOURISM, the definition of tourism will be vague and even building HOTELS or Government Guest House can come under this definition.
POINT 7
The Definition of PUBLICC PURPOSE in PARA 2 (y) 4 is again very wide and open for interpretation, the condition of Consent of 80% through Prior informed process is not clear, and no provision is their to check whether the consent is taken under pressure or threat.
POINT 8.
The ACT doesn’t show effort of providing LAND for LAND, the principle seems to be abandon.
The SCHEDULE II Para 2 only states land for land, whereas not able to understand why only for Irrigation Project ? Whereas in case of ST they will get land for land in every project.
There is no clarity that only Canals will be treated as Irrigation Projects or DAMS too, if DAM then the government may use word HYDRO Project which will be a scape route for IRRIGATION project, whereas we know DAMs and Hydro Project are same and multi purpose.
The land for land rehabilitation is less than already exists, this Act provide ONE ACRE per family whereas in Sardar Sarovar Project 2 acres where given.
REHABILITATION & RESETTLEMENT BILL, 2011
Land Acquisition Provisions will apply when:
2. Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose (including PPP projects but other than national highway projects)
3. Government acquires land for immediate and declared use by private companies for public purpose
Note I: Public purpose for 2. & 3. above, once stated, cannot be changed
Note II: Land Acquisition under 2. & 3. above can take place provided 80% of the project affected families give consent to the proposed acquisition.
Scope of LARR, 2011
1. Land for private companies for private purposes.
The Urgency Clause
1. National defense and security purposes
2. R&R needs in the event of emergencies or natural calamities
3. To be exercised in ‘rarest of rare’ cases
Who will be Affected Families ?
Land Owners:
1. Family whose land/other immovable properties have been acquired;
2. Those who are assigned land by the Governments under various schemes;
3. Right holders under the Forest Rights Act,2006
Livelihood Losers:
1. A family whose livelihood is primarily dependent on the land being acquired
2. May or may not own property
Minimum Compensation for Land
A Comprehensive Compensation Package (Schedule I)
1. Market value of the land:
a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or
b) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid; or whichever is higher:
PROVIDED THAT THE MARKET VALUE SO CALCULATED SHALL BE MULTIPLIED BY THREE IN RURAL AREAS.
2. Value of the assets attached to land:
Building/Trees/Wells/Crop etc as valued by relevant govt. authority;
Total compensation = 1+2
3. Solatium: 100% of total compensation
This implies that in case of urban areas, the award amount would be not less than twice that of the market value determined, whereas in rural areas it would be not less than six times the original market value
Minimum R&R Entitlements
A Comprehensive R&R Package (Schedule II and Draft Bill)
For Land Owners:
1. Subsistence allowance at Rs. 3000 per month per family for 12 months;
2. Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation;
3. If house is lost, a constructed house of plinth area of 150 sq mts of house site in rural areas or 50 sq mts plinth area in urban area;
4. One acre of land to each family in the command area, if land is acquired for an irrigation project;
5. Rs 50,000 for transportation;
6. Where land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owners, in proportion to their land acquired;
7. Upon every transfer of land within 10 years of the date of acquisition, 20% of the appreciated value shall be shared with the original owner whose land has been acquired;
8. Mandatory employment for one member per affected family or 2 lakh rupees if employment is not offered;
9. Offer of shares up to 25% of the Compensation amount
For Livelihood losers (including landless)
1.Subsistence allowance at Rs. 3000 per month per family for 12 months;
2.Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation;
3. If home-less, a constructed house (plinth area) on 150 sqmts of house site in rural areas or 50 sqmts in urban area, provided free of cost;
4.A one-time ‘Resettlement Allowance’ of Rs 50,000;
5.Rs 50,000 for transportation;
6.Mandatory employment for one member per affected family or 2 lakh rupees.
Special Provisions for ST’s
1. One acre of land to each ST family in every project;
2. One time financial assistance of Rs 50,000 for ST families;
3. ST families settled outside the district shall be entitled to an additional 25% R&R benefits (and a one time payment of Rs 50,000) to which they are entitled in monetary terms;
4. Payment of one third of the compensation amount at very outset to ST families;
5. Preference in relocation and resettlement in area in same compact block;
6. Free land for community and social gatherings;
7. In case of displacement of 100 or more ST families, a Tribal Displacement Plan is to be prepared:
Continuation of reservation and other benefits from
displaced area to resettlement area for both SCs and STs
25 infrastructural amenities to be provided in the
Resettlement area, including:
• Schools and playgrounds;
• Health Centres;
• Roads and electric connections;
• Assured sources of safe drinking water for each family;
• Panchayat Ghars;
• Anganwadi’s providing child and mother supplemental nutritional services;
• Places of worship and burial and/or cremation ground;
• Village level Post Offices, as appropriate, with facilities for opening saving accounts;
• Fair price shops and seed-cum-fertilizer storage Facilities
Return of Land:
Land returned to original owner if not used in 5 years for the purpose for which it is acquired, one-fourth of the award amount for the land acquired
– Provided government can use land acquired for a department to some other department
Wednesday, June 1, 2011
Prevention of Targeted Communal Violence Bill 2011
I have gone through the draft of the “Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011”.
The Bill even though states Prevention of Communal and Targeted Violence, but the bill itself seems to be a Targeted Bill against Hindu Community. Following are the points which force me to raise doubt on the intention of the drafting members :
Chapter 1 Para 1 (2)
Quote text from the Bill :
(2) It extends to the whole of India.
Provided that the Central Government may, with the consent of the State of Jammu and Kashmir, extend the Act to that State.
Unquote.
It’s a known truth that the first communal and targeted violence in India happened in the state of Jammu & Kashmir with Hindus ( Kashmiri Pandits ) and they were forced to leave their home and are leaving as refugee in their own country.
The Para 3 (f) iv of this bill says
Quote
“force such person to leave his or her home or place of ordinary residence or livelihood without his or her express consent; or, “
Unquote.
But unfortunately the starting of this Bill Chapter 1 and Para 1 doesn’t cover that state J&K
My Recommendation :
For Chapter 1, Para 1 of (2), This Bill should be passed first by State of J & K and then it should be presented in Indian Parliament. This will give message to the people of India that this Bill is a secular Bill and not itself a communal and targeted Bill against a Hindu Community.
Point 2.
Chapter 1, Para 3 (e)
Quote from text of Bill :
“group” means a religious or linguistic minority, in any State in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India;
Unquote
Any person or groups of people who is/ are killed in a riot is a victim, he can be of any community. The person or group killed may be of Majority community or Minority, then why the definition of group doesn’t consider Majority also as victim if happen.
The Para 3 (e) clearly states that the definition of group will be minority. I am surprise to see that the intellectual members or this drafting committee have presume that only Minority will be killed in riots or they doesn’t consider people of Majority group as human beings having no fundamental rights.
The definition of group should be stated as “group means any community / sect / caste / religious which have been targeted.”
Point 3.
Chapter 1, Para 3 (f) (i)
Quote from the text of Bill.
(i) boycott of the trade or businesses of such person or making it otherwise difficult for him or her to earn a living; or,
Unquote
The opposite side of boycott is force to buy, no one should be forced to buy. No Muslim community buy Goat / Hen Meat being sold by Hindu Community stating is as HARAM. At present this type of boycott is being done my Minority community, if the above persists then why not boycott of Meat being sell by Hindu community should be also consider as Boycott of Trade by minority.
My Recommendation :
The above Para should be removed.
Point 4.
Chapter II Para 7 (b)
Quote from text of Bill :
(b) against any person, without their consent or against their will,
(i) the introduction by a man of his penis or any other body part
Unquote
Again this is related to one minority community why not other derogatory words or statement has been covered in this Para, shows that the drafting committee is biased.
My Recommendation :
Add ( Introduction of Man by his CHOTI, Tilak dhari, KAFIR or BOOT Prast ( Worshipers of Idol )
Point 5.
Chapter II Para 7 (1) V
Quote from the Bill “
(v) removing the persons clothes, partially or fully, or compelling that person to undress himself or herself, partially or fully, in public view or otherwise, or parading that person in undressed state in public view or otherwise;
Unquote
My Recommendation :
In the above para we should add removing of Janeu ( the thread Brahmins wear around their shoulder ) and Pagadi ( Turban ) the Sikhs wear.
Point 6.
Chapter II Para 8
Quote from the Bill.
8. Hate propaganda.– Notwithstanding anything contained in any other law for the time being in force, whoever publishes, communicates or disseminates by words, either spoken or written, or by signs or by visible representation or otherwise acts inciting hatred causing clear and present danger of violence against a group or persons belonging to that group, in general or specifically, or disseminates or broadcasts any information, or publishes or displays any advertisement or notice, that could reasonably be construed to demonstrate an intention to promote or incite hatred or expose or is likely to expose the group or persons belonging to that group to such hatred, is said to be guilty of hate propaganda.
Unquote
As stated in my point 2, the definition of group should not only be related to Minority community, because if as per the above Para 8 ,Hate Propaganda is done by Minority community on worship on Friday then they will be excluded and can’t be prosecuted under this Bill thus making this Bill as biased and targeted against Majority.
Point 7.
Para 20.
Quote from the Bill.
20. Power of Central Government in relation to Organised Communal and Targeted Violence.- The occurrence of organised communal and targeted violence shall constitute “internal disturbance” within the meaning of Article 355 of the Constitution of India and the Central Government may take such steps in accordance with the duties mentioned thereunder, as the nature and circumstances of the case so requires.
This will be used as a tool for disabling a democratictally elected state government, the vested interested group who want to remove state government or Terrorist groups may provoke riots in state to prove that there is “internal disturbance”
This will give Central Government a tool to threat government of state which is being ruled by any other party than in the ruling Central Government.
There is enough proper guidance and power vested in Governor of State to give recommendation in Article 355.
Point 8.
Chapter IV Para 23
Quote from Bill.
National Authority for Communal Harmony, Justice and Reparation
Qualifications.- (1) The Chairperson, Vice-Chairperson and Members of the National Authority shall have the following qualifications and shall be chosen from amongst persons:
(a) having expertise in relation to law or criminal justice or human rights;
(b) having a record of promoting communal harmony;
(c) being of high moral character, impartiality and integrity; and,
(d) who have not been members of any political party for a period of one year prior to their selection.
Unquote
My Recommendation :
As the power given to NACH is of as per Para 33 (2) is of Civil Court trying a suit under the Code of Civil Procedure, 1908
(a) The person should have worked as Judge in any court of India.
(b) He should not have been member of any political party this will help in refraining political appointment.
Point 9.
Quote from the Bill
Term of office of Members.- (1) The Members of the National Authority shall serve on a full-time basis for a six year term.
Unquote.
My Recommendation :
When the term of office of Honorable President of India is of FIVE years, the symbol of democracy our parliament term is of FIVE years, then how come NACH term of office can be of SIX years.
The NACH can’t be more important than our Honorable President and our Parliament.
Point 10.
Chapter IV Para 25
Quote from the Bill :
25. Resignation and removal of Chairperson, Vice-Chairperson and Members.-
Unqoute
My Recommendation :
As per Para 33 ( 2 ) the power of NACH is as of Civil Court Judge then he should be removed as per process laid down for removal or Civil Court Judges.
In addition to it, no where in Para 25 there is provision of IMPEACHMENT, when in the constitution even President of India can be removed after following process of IMPEACHMENT then why not NACH ?
Point 11.
Chapter IV Para 32 (ii)
Quote from the Bill
32. Monitoring and review by National Authority of performance of duties.- The National Authority shall observe, monitor and review the performance of duties by public servants in relation to the following:
(ii) postings, transfer and replacement of any individual officers, administrative or police, from their jurisdictions of power and control that affect areas where outbreaks of communal and targeted violence or possibilities thereof, are reported or anticipated;
Unquote
The Law & order as per constitution is State subject then interfering in State decision by NACH as per para 32 (ii ) will be attack on federal structure of our country.
The word “anticipated” gives immense power and thus this will give direct control to NACH in interfering in STATE subject at any time.
My recommendation :
The above para should be removed.
Point 12.
Chapter IV Para 42.
Quote from the Bill
42. Statements made by persons to the National Authority.- No statement made by a person in the course of giving evidence before the National Authority, shall subject him or her to, or be used against him or her in, any civil or criminal proceedings;
Provided that the statement –
(i) is made in reply to the question which he or she is required by the National Authority to answer; or
(ii) is relevant to the subject matter of the inquiry.
Unquote
How can any person be exempted for giving false evidence if any ?
My Recommendation :
The Para 42 should be removed as this will encourage people to give false evidence, if the person giving the statement of evidence is legally and morally correct then even though it is used against him in any civil or criminal proceedings he will be judged innocent.
Not able to understand why you are promoting people to give false statement or evidence people should be responsible and accountable for their conduct.
Point 13.
Para 45
Quote from the Bill
45. Appointment of Chairperson, Vice-Chairperson and Members of the State Authority.-
Unquote
Why appointment of State Authority is required ? The drafting committee feels that whole year there will be riot and in each state.
The NACH is enough to handle this type of case after all what Data, Facts & figures from year 1947 till date recommends that the number of Riots are so high that it can’t be handled by NACH and State Authority is also required.
This shows filling of office of Profit and adjustment can be made for retire politicians.
My Recommendation :
Para 45 should be removed.
Point 14.
Para 82
Quoted from the Bill
82. Attachment of property.- (1) Where the charge has been framed in relation to an offence under this Act, the Designated Judge may direct that the property of the accused person be attached during the pendency of the trial and until conviction or acquittal, as the case may be.
Unquote
This is denial of natural Justice, how can you attach property during trail ? If the person accused is not presenting himself or absconding during trial then only Judge should give order of attaching his property.
I am surprise to see that during trail the person will be in Jail as the offence under this act is non bailable and then also you are attaching his property ? This para shows that you want to punish the innocent family of that accused by attaching his property during trail, and shamelessly you are stating in the Para “until conviction or acquittal” means you agree that he may be found innocent and may be acquitted.
My Receomendation :
Para 82 should be removed.
Point 15.
Para 86 (6)
Quote from the Bill
(6) A victim shall be entitled to receive free legal aid and to engage any advocate who he or she chooses from among those enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority established under the said Act shall pay all costs, expenses and fees of the advocate appointed by the victim or informant at a rate not less than the fees payable to the Special Public Prosecutor.
Unquote
As the Victim shall be entitled to receive free legal aid the accused should also be given the same entitlement as accused till proven guilty is innocent.
My recommendation :
Rights of Victim and accused should be same as till proven guilty everyone is equal in the eye of law.
Point 16.
Quote from the Bill
CHAPTER VII
RELIEF, REPARATION AND RESTITUTION AND COMPENSATION
90. Right to relief, reparation, restitution and compensation.- (1) All persons, whether or not they belong to a group as defined under this Act, who have suffered physical, mental, psychological or monetary harm or harm to his or her property as a result of the commission of any offence under this Act, and when death has occurred as a consequence thereof, the next of kin of such deceased person shall be entitled to relief, reparation, restitution and compensation as applicable to them in accordance with the provisions under this Chapter.
Unquote.
Interesting to see that Relief, reparation and restitution and compensation will be given to all person whether of not they belong to Minority community but Right to Justice will not be given ?
Sunday, July 4, 2010
WHITE SUGAR – OFFICIAL BLACK
We all are wondering why the price of all commodities are going up ? The price of daily needs is out of control of government. The Finance Minister says it’s all because of MONSOON and the agriculture minister doesn’t know when the price of commodities will be in control, obviously he is not an Astrologer, neither has he claimed.
Our great economist Prime Minister is as usual mum. He is a great economist, he knows how to open the market, he had done this in eras of nineties, and he knows how to decontrol. He is master in decontrolling the market, he has recently decontrolled petroleum products price also. Why are you expecting him to control ? Your expectation of controlling price from our great Prime Minister is not justified because he is master in decontrolling everything; even the Maoists are not in control!
I have never understood economics better, and the chapter on Demand & Supply, which determine the price, is still not understood by me.
Some says in simple language that price of a commodity depends on its demand & supply. The more the demand and less the supply, the price will rise and if the demand is less and supply is more the price will decline, keeping few others factor constant.
Let’s discuss about Sugar, which is talk of the town. The sugar price is soaring, means there is scarcity of sugar in India. The supply is less in comparison to the demand. It seems simple or at least we can say this is one of the reasons. Keeping in mind the scarcity of sugar supply in India our great economists Prime Minister should have taken the decision of importing sugar, to increase the supply to meet the demand.
But the Sugar is only white the game behind it is official black.
On 15th of February, 2010 the Ministry of Commerce ( just below the nose of our great economist Prime Minster, obvious with his consent & direction ) issued an Order vide Public Notice No.41 / 2009-2014 allocates exports of 10,000 MT ( Ten thousand metric tones ) of white sugar to European Union.
The export order of 10,000 MT of sugar will again increase the scarcity of sugar in Indian market thus forcing the price to increase. The above order states that it is issued in PUBLIC INTEREST.
The government of Dr. Manmohan Singh was sleeping for next 8 days and suddenly on 23rd of February, 2010, the new order of Ministry of Commerce vide Public Notice No.45 / 2009 – 2014 withdraw the earlier order of exports of 10,000 MT. of White Sugar, which was allocated to M/s Sugar Exim Corporation Limited, New Delhi. This order also states that it is issued in PUBLIC INTEREST.
Thus both the order of Export of 10,000 MT of white sugar and next order after 8 days of withdrawn of export order was issued in Public Interest. I can understand Mr. Prime Minister that both the orders were in Public Interest, but can we common public dare to ask whose interest was being fulfilled between 15th Feb to 23rd Feb, 2010. I know as usual you will keep mum.
The hue & cry made during those periods on sugar price forced our great Prime Minister to understand the basics of Demand & Supply theory on Price. The memory of Public in whose interest the Order were issued is short, we know this and even the Prime Minister.
The business should go on, because business generates money, and every activity is for money. The exports of White Sugar will bring money and as no exports made there will be no money but if exports of 10,000 MT of white sugar is made then price will rise.
The task is difficult, money should get generated because our earlier Prime Minster stated money depreciate while its move from New Delhi to a village. Thus money should move, and for that exports of Sugar should be done in such a way that the supply should not get affected in India, great economist mind got involved and here we say yes our Prime Minster is great economists.
A Order by Ministry of Commerce was issued on 15th June, 2010 vide Public Notice No. 75 / 2009 – 2014 which states that 10,000 MT of White sugar will be exported by M/s Indian Sugar Exim Corporation Limited subject to condition that equivalent quantity of sugar will be imported by M/s Sugar Exim Corporation Limited.
Now if 10,000 MT of sugar will be exported and 10,000 MT will be imported then what is the net result ? The net result is zero but the business has happened of 20,000 MT of sugar. Once business has happened money will get generated, movement of money will be there and as told by Late Rajiv Gandhi money depreciates when its moves. The depreciation will be enjoyed by some one.
Now at what price the export and import of sugar will happen ? Same price ? No way if same price and same quantity of sugar export & import is done, then what is the use of this activity ?
Let’s think in Public interest & Nation Interest, the export price will be high and import price will be lower. If this is true then the nation from which we will import is dumb ? Can’t that particular nation export sugar to the nation which we are planning to export, on lower price than us ? The export price of sugar will be high and import lower if the quality of import sugar is poor in comparison to export quality of sugar and in that scenario we as Indian are not having the right to eat sugar of better quality produced by ourselves.
Now let’s think in the interest of those economists who think this order of 15th June is perfect. The export price should be lower than the import price means export at lower rate and Import at higher rate. Then there can be chance of commission. Business will happen then profit will happen, money will move, money will move then it will depreciate, no one will know where it depreciated.
It’s Official now White Sugar is BL………
Wednesday, June 30, 2010
The World Heritage Monuments
“Heritage is our legacy from past, what we live with today and what we pass on to the future generations. Our cultural and natural heritages are both irreplaceable sources of life and inspiration” (Para from UNESCO about World heritage)I was so inspired by the above words that I though to visit some world heritage monuments in India. Lets see what is our tradition our customs. Let’s visit the monument which depicts our culture let learn about the culture which we are going to pass to our future generations.
Being in New Delhi, the first monuments which I find near to my house is Qutub Minar – one of the identities of Delhi. The monument was listed in UNESCO list as world heritage monuments in year 1993. http://whc.unesco.org/en/list/233
I was full of enthusiasm to see the monuments which depicts our culture and legacy which we are passing to our future generations.
I bought the entry ticket from ASI (Archaeological Survey of India) booking office, the ticket money which will be used to protect the monuments. At the entry of the gate I saw a plaque of UNESCO and with our National Emblem ( the four Lions ), the details on the plaque inspired me more which is as follows :
“QUTUB GROUP OF Monuments has been inscribed on the world heritage list of the convention concerning the protection of the WORLD CULTURE and Natural Heritage inscription on this list confirms the exceptional UNIVERSAL VALUE of a CULTURAL or Natural Sites which deserves protection for the benefit of all HUMANITY” ----- The photographs taken by me of this plaque ( attached )

So I was ready to see a monument which depicts our culture and the monuments which deserve protection for the benefit of all humanity, including me, if the Indian government & you think I am human too.
When I move forward towards the monument which was visible to me even out of the premise of Qutub Minar, the tall tower, I was more eager to know about it and there was a plaque of stone in English & Hindi both which was ready to satisfy my curiosity.
I was reading the inscription of that plaque and ………… I don’t know what to say, whether I was feeling angry or ashamed or a feeling as if someone slapped me on my face.
The inscription of the plaque was haunting me,
Is this our Culture ? Is this what deserves protection ? Is this monument is for benefit for all humanity ? Is this the legacy which we want to pass to our future generation ?
The plaque read as follows :
“Known as QUWWATUL ISLAM ( Might of Islam ) Masjid, it is the earliest extant of Mosque in India. Its consist of a rectangular courtyard, 43.2 M by 32.9 M. Enclosed by cloisters which were erected by Qutbuddin Aibak with the carved columns and other architectural member of TWENTY SEVEN HINDU & JAIN TEMPLES……………………( Photograph taken by me of both plaque in Hindi & English )
This is the culture which we want to protect, the culture of destroying others.
This is what we want to pass to our future generation, disrespect others faiths & beliefs.
This monument deserves protection so that at least those who have some shame in their eyes should feel ashamed.
I felt the same helplessness which in year 1191 AD at that point of time the Indians would have felt.
Saturday, March 27, 2010
Freedom with Condition
Yes, the midnight is long and still persists; the freedom has yet to come. My words are not of a philosopher, I mean it in literal sense.
I have understood the word Freedom as a status where you are free from slavery, where you are free to make your own laws, where you are free without condition. Our own Parliament, our own representative’s elected by us. There will be no condition imposed on us by our past British ruler. If the condition still persists and we are under compulsion to follow that, then we have to think are we really Independent, are we truly free, are we a sovereign country ?
The word Freedom, the word Independence is an ability to think, make own decisions, to act on its decision and of making a choice. Freedom of a country can’t, I repeat can’t be with condition.
There was a conditional Transfer of Power on 15th of August 1947 by British to Congress, the condition where properly mentioned by British in their Parliament and the condition mentioned by British in UK Parliament become law for India, even after Independence. Even after so called Independence we had obeyed their wish. The Transfer of Power was made by and act, which is known as THE INDIAN INDEPENDENCE ACT, 1947 passed in British Parliament on 18th July 1947. We were not allowed to punish those who were supporting British for ruling this country, those who were shooting at our patriotic freedom fighters. Who were putting our freedom fighter behind the bars.
We were properly handcuffed even after Independence by Section 10 of Indian Independence Act, 1947 which was passed in British Parliament. We (Free Indian) a sovereign country was asked to give respect to the GADDARS, who where Judges, Police Officer during British rule. Those who played major role in making India slave. As per British, we have to give them salary, pension and respects as they were getting during the period when we were slave. This was conditional freedom which we got in midnight.
This is not end of conditions imposed on us; our constitution which came into existence was also influenced with condition imposed by British. They left their blood in India and named them as Anglo- Indian. Anglo Indian is those citizens of India whose Father’s or grand father or grand grandfather’s were British / French / Dutch Christian but mother were Indian.
The Article 331 of our constitution gives privilege to Anglo Indian and as per this article TWO Anglo Indians can be nominated as Member of Parliament in Lok Sabha. I am still not able to understand why this privilege was given in 1950 to our Rulers who made us slave, who outside their club wrote on boards that “Indian & Dogs not allowed”, was it under pressure or was this condition imposed by British for our conditional freedom. The logic people can give that this ruler class was in minority after Independence and thus their voice should also be in the Parliament, due to this reason the privilege was given. If this privilege is based on religion then why Parsi’s were not given this privilege. Thus by not giving this privilege to Parsi’s, creates doubt that Article 331 introduced in constitution was under pressure or just the difference is of British blood running in some veins.
The special status & privilege doesn’t ends here, the next Article of our Constitution Article 333 again give this privilege of nomination to Anglo Indian in State Legislative Assembly.
Was this our expression of gratitude towards British for making us slave for approx 200 years?
No, we were so obliged to British that we assured them that Anglo Indian will be appointed on goods post. The Article 336 of our constitution states:
“During the first two years after the commencement of this Constitution, appointments of members of the Anglo – Indian community to posts in the railway, customs, postal and telegraph service of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947”
Why was this commitment? To whom was this commitment? Was it under pressure? Is this not Conditional Freedom? Why till date this Article 336 is not yet deleted?
The word Condition & Freedom can’t be together, “conditions” will always overpower “Freedom” and its influence your ability to think, your ability to take decision and on your act. Once condition is there, there is no freedom.
The story would have ended here if the provision of these privileges would have been ceased as per constitution after 20 years, but the above privilege was extended to next 10 years by amending Article 334 (b) by 23rd Amendment act in year 1969.
We were still not able to understand that after Independence all citizens of India are actually citizen of India, irrespective of their religion, Caste or creed. We created a new citizenship of Anglo- Indian by giving them privilege. Again we amended the constitution by 45th amendment in year 1980, then 62nd amendment act in year 1989, 79th amendment act in year 2000 and recently in year 2009 by 109th amendment act it has been increased for more 10 years.
The time has come to wake up, let’s leave behind the midnight. Let’s correct our mistake. Let’s be free, free without condition, let’s be free, mentally free and be INDIAN, just Indian, not North Indian, nor South Indian and never Anglo- Indian.
Saturday, December 5, 2009
Commonwealth Games - Celebration of Slavery
Let’s understand what is Commonwealth?
Origin of Word Commonwealth:
First time the word “COMMONWEALTH” was used by Mr. Roseberry, who was Lord of Canada, in 1884, as some of the British colonies were being sovereign, he called all those states as Commonwealth of Nation. The concept was formally passed as an act in British Parliament on 11th December, 1931.
So we can comprehend that the basic reason for making Commonwealth of Nation by British was to satisfy their ego of being a ruler even though their colonies were becoming independent. The Commonwealth of Nation was earlier known as BRITISH COMMONWEALTH.
The Membership:
At present there are 53 countries as member of Commonwealth and most of them are former British colonies or their dependencies. Thus the membership criteria of Commonwealth are that the nation should have been slave of British Monarchy directly or indirectly. The London Declaration Clearly states that a republic country can be member of Commonwealth provided that they recognize the MONARCH (Queen or King of UK) as the Head of Commonwealth; the London Declaration was specially made for keeping India as Member of commonwealth.
The declaration stated “The Government of India have ... declared and affirmed India's desire to continue her full membership of the Commonwealth of Nations and her acceptance of the King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth”
The Head:
Any Organization is represented by its head, as in case of our country, our President represents our country, and as he / she is elected indirectly by the people (Electoral collage) of India, we call our country as democratic and sovereign. There is no hierarchy system in being President of India. In same way, lets talk about any organization such as SAARC ( South Asian Association for Regional Cooperation ) or any International Organization, like NAM ( Non aligned Movement ). The SAARC secretary is elected in alphabetic order for three years terms. The NAM is run by Secretary General who is elected by all the members.
As affirmed above the overall purpose of Britishers is to show their supremacy as ruler, thus the head of COMMONWEALTH is not elected, she is Queen Elizabeth II of United Kingdom for life time, and she took over as Head of Commonwealth from George VI after his death, who was King of United Kingdom. This clearly shows that COMMONWEALTH is not a democratic organization and all the members of Commonwealth have to accept the head as they were while as slave.
Status of all Nations:
The Motto of commonwealth games is Humanity, Equality & Destiny. Let’s take “Equality” and see where as India we stand in the eye of the Queen Elizabeth – The Head of Commonwealth.
There are 53 countries as member of commonwealth, then how many team will participate in Commonwealth Games 2010 ? This is not simple answer, 71 teams will participate in Commonwealth Games 2010. So the number of member nation and their team are not equal? The reason is very clear, Queen treats its colonies equally; even Indian team is treated as equal to team of Scotland, Wales, England, and Ireland.
The states of United Kingdom are equivalent to any other sovereign countries. It’s something like in SAARC countries meet, UP, Bihar and other states of India are sharing desk with Nepal, Pakistan, Bangladesh, Maldives and Sir Lanka.
This is the equality in the eyes of British for other sovereign nation; they still treat them as colonies in Commonwealth Games.
Relationship:
The bridge of relationship between any two countries are its ambassador, but have we ever thought why we sometime call ambassador and sometime High Commissioner ?
The dictionary meaning of Ambassador is “a diplomat of the highest rank; accredited as representative from one country to another” & Commissioner means “a government administrator”
Thus representative of a sovereign country in other sovereign country is called Ambassador, whereas High Commissioner is a government administrator between the commonwealth countries. This is again to dilute the sovereignty of a country and to mentally realize them that once we were slave of British.
Thus an ambassador to Pakistan will be called as High Commissioner, whereas same diplomat if transferred to United States will be called as Ambassador.
The overall purpose of making a Commonwealth Organization of British is to mentally rule the commonwealth Nation and to make them realize that they were once slave.
Celebrating Slavery:
Israel is the only country which is not member of Commonwealth nation till date, even though it was ruled by British.
It is well said; to get respect from others, first respect self.
If this is the Pride of Nation as per our Prime Minister then the citizen of this country should think, where do we really stand? Are we celebrating slavery as Commonwealth Games 2010?

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