Sunday, October 18, 2020

Editorial, "HOW THE CHICKEN DISAPPEARED!?", in LAW ANIMATED WORLD, 30 September 2020, Vol. 16, Part 2, No. 18 issue

HOW THE CHICKEN DISAPPEARED!?

All are Srivaishnavas, then how the chicken disappeared?” (అంతా శ్రీవైష్ణవులే, కోడిపిల్ల ఎలా మాయమైంది? – Srivaishnavas are supposed to be strict vegetarians) - so queries a Telugu axiom. That the disputed (Babri Masjid-Ramjanambhoomi) structure was openly demolished by hundreds of vandals posing as Kar Sevaks aided and abetted by thousands of fanatic colleagues and scores of BJP/RSS/ VHP Shiv Sena leaders on 6 December 1992 is a too well-known, generally admitted fact and Justice Liberhan Commission, one of the longest inquiry commissions in India, setting out the sequence of events in sufficient detail, remarked (in the introduction to its 2009 report) that “…this demolition of the disputed structure was one of the worse catastrophes for the nation, mankind, good governance, socialism and for a society governed by the rule of law. …a defacement of the country at the international fora, an act of violence against ……fundamental rights and against the concept of reasoned argument…….” The Commission had specifically pointed out 68 persons including Advani, Vajpayee, Kalyan Singh, Uma Bharti, Bal Thackaray, V.P. Singhal, et al as culpable for this heinous act. Harsh observations were made by the Commission regarding the collusion, connivance, even abetment and aid by the then Kalyan Singh led BJP government in UP and the Masjid’s ultimate demolition also. However, though no such observations were made against the then Prime Minister, this editor asserts that then PM PV Narasimha Rao also aided and abetted this notorious enterprise by his calculated inaction. And, well, the less said of the failure and inaction of the judiciary the better. So, in that background, and in the context of the recent pervert decision of the Apex Court setting aside the wiser Allahabad High Court judgment and handing over the entire disputed structure plot to the same communal fanatics (now in government at the center also), it is no surprise that Sri SK Yadav, the CBI Court Judge, trying 32 accused – Advani, MM Joshi, Uma Bharti et al for the demolition offences, chose it wise to acquit all of them. The communal fanatics may gleefully celebrate this occasion but it only portends the general fall of the nation – in terms of necessary morals, religious and ideological tolerance and basic respect to fundamental rights of citizens – and perhaps even the eventual ruin of the country a la Battle of Tallikota (which totally devastated the Hindu Vijayanagara Empire in 1565 AD) if any bitter struggles and wars ensue in future on this what may be termed a never-ending-sore-like-issue of the country. §§§

Monday, September 21, 2020

Editorial, "ABRAHAM ACCORDS: DAWN OF PEACE?", in LAW ANIMATED WORLD, 15 September 2020, Vol. 16, Part 2, No. 17 issue

 ABRAHAM ACCORDS: DAWN OF PEACE?

No doubt, they are the most happening events of the year, and have the potential to bring in durable peace in the region if other Arab States also follow/acquiesce in, Israel shuns aggression, Iran too tolerates this and is not attacked by the America-Israel evil axis. President Trump has to be certainly given much credit for brokering the deals and it seems he has even been nominated for the Nobel Peace Prize for this achievement. Naturally Ivanka Trump was elated and tweeted: “The Abraham Accords are signed! Today's historic signing proves that the nations of the Middle East are breaking free from the failed approaches of the past. After decades of division and conflict, we mark the dawn of a new Middle East. Congratulations to all!” Well, will the failed approaches indicate the Camp David and Oslo Accords as also the two-state solution mooted when Arafat was alive and in charge of the PLO, the later coming into existence of the State of Palestine, UN grant of observer status to it and recognition of that state by several countries in the world, clear-cut condemnation by the UN of Israeli plans/efforts to annex the West Bank by driving out Palestinians and constructing more Jewish settlements, etc.? It is somewhat relieving to find the clarification that “This Treaty does not affect and shall not be interpreted as affecting, in any way, the rights and obligations of the Parties under the Charter of the United Nations,” in these accords and also the promise not to unilaterally construct any more Jewish settlements in the West Bank; but one would be quite anxious at not finding specific reference to the longstanding United Nations Security Council Resolutions that demand Israeli withdrawal from the 1967 war occupied territories and the two-state solution to the problem; we may further note that the states concerned recognize Jerusalem as the capital of Israel. Does that mean giving a go-by to the two-State solution once for all? Also reports are pouring in that even a war with Iran could be unleashed now in order to bolster up Trump’s re-election chances, which if happens, would be quite calamitous. Hope all such cataclysmic consequences won’t ensue but gradually all/most of the Arab/Muslim states agree for the existence of Israel within secure borders’, the UN Security Council too unanimously consents and Israel also unequivocally accepts the Palestinian state with due recognition of its sovereignty and integrity and the needed just solution to the longstanding refugee problem. §§§

Editorial, "FREE CORONA CARE FOR ALL A MUST", in LAW ANIMATED WORLD, 31 August 2020, Vol. 16, Part 2, No. 16 issue

 FREE CORONA CARE FOR ALL A MUST

and that should include free testing, treatment, food and other basic facilities/costs during treatment in all hospitals and approved laboratories – public or private, and that is the minimum any government should ensure to its citizens/residents and we know that this pandemic has grown to monstrous proportions in India now. Nowadays when jingoism is at its high pitch under the fake news spread and false propaganda of the fanatic communal central government and likeminded parties and governments in states too, and one too readily hates, despises and rivals China for all and sundry reasons, why can’t we rival with China in this field too and provide a better care and treatment facility to one and all. It may be underscored that in China not only the testing is free, but any cost related to COVID-19 including treatment or cost not covered by personal insurance is borne by the government. Why China, even the small African country Rwanda provides all Corona testing and treatment free to one and all and has been especially praised by the Director-General, WHO, in his media briefing on 10 August 2020: “ Rwanda’s progress is due to a combination of strong leadership, universal health coverage, well-supported health workers and clear public health communications. / All testing and treatment for COVID-19 is free in Rwanda, so there are no financial barriers to people getting tested.” Then, there is the brilliant example of New Zealand, which the entire world knows. Further, the approved cost of testing in private labs in India runs up to Rs. 4500/- (charged costs may be much more) but it is only Rs. 500/- in Pakistan and moderate in Bangladesh too. We have seen so many videos of people virtually crying in agony when charged with lakhs of rupees for Corona testing/treatment in private facilities. It is utter shame on all of us that even after 70 years of so-called independence we have not been able to provide ourselves with any free, universal health care system. True, there is an Ayushman Bharat scheme for free treatment to economically, etc. disadvantaged sections, but it excludes too many categories and also the middle and upper middle income groups even, who have also gone broke in these times. So, this editor specifically stresses that whoever goes to any lab/hospital, for testing and treatment of COVID-19 at least, should be treated as a ‘guest’ and accorded all respect and care in consonance with the age old dharmic cum ethical principle of “athithi devo bhava” and the private facilities should seek and governments provide reimbursements at nominal/reasonable rates. §§§

Editorial, "CONTEMPTUOUS CONTEMPT?", in LAW ANIMATED WORLD, 15 August 2020, Vol. 16, Part 2, No. 15 issue

 CONTEMPTUOUS CONTEMPT?

perhaps so until the charge of ‘scandalization of court’ as contemplated and laid down in Section 2(c)(i) of the Contempt of Courts Act 1971 continues in the statute book. As far back as in 2005, we had published an illuminating article with the same title by late Justice P.A. Choudary, then an editorial adviser of ours, in which he decried the existence of this provision in the statute and asserted, referring to H.M. Seervai, that “…in the context of our constitutional provisions for impeachment of judges for misbehaviour and incapacity, the common law offence of scandalizing the court becomes incompatible with our constitution. …this common law contempt power, by making the allegation of misbehaviour itself a punishable offence, makes the working of those constitutional provisions nugatory and renders the whole constitutional scheme itself otiose. Thus this power running directly counter to the letter and spirit of the constitution must be taken to have been forbidden by the constitution” and that “It is the total absence of reasonableness in this class of contempt that tolls its death knell. This class of contempt assumes sub silentio that administration of justice is an absolute value. That is its fatal weakness. It is good that, at last, the constitutionality of this provision has been challenged by the trio of human rights champions: Prashant Bhushan, Arun Shourie and N. Ram in the Supreme Court now, but it is quite bad, we feel very sad, that Prashant Bhushan should be charged and convicted under the same provision and awaiting his sentence now for just two tweets posted by him criticizing the Chief Justice of India. The first tweet concerning the CJI violating lockdown norms is a personal hit and cannot be reckoned as contempt of court, the remedy for CJI, if he is hurt, is, if he is so advised, to sue for defamation in a civil court. Of course, this editor doesn’t agree with Arun Shourie that the CJI mounting such a costly motor bike is itself an affront to his high public status and feels he can freely dance, dine and enjoy just like any other person, of course with due decorum and attention to his public status. The other tweet of course seems to be a bit too harsh and controversial, but the Court could close the case with an admonition or post it to be heard along with the constitutional challenge referred to above to a constitution bench. In any case, this editor feels and asserts that either the judiciary or legislature should intervene and remove this obnoxious provision of ‘scandalization of court’ as a ground for contempt to protect and promote freedom of speech in our country. §§§

Editorial, "SUICIDES OR MURDERS?," in LAW ANIMATED WORLD, 31 July 2020, Vol. 16, Part 2, No. 14 issue

 SUICIDES OR MURDERS?

It is quite disturbing that so-called suicides of bright stars on the film skies, and of other arenas too, are occurring often; many of those alleged as murders, sought to be passed off as suicides, and some successfully so. Perhaps it is easier for the investigating agencies to close cases of suspicious deaths as suicides than to take up the onerous task of forensic research and thorough investigation to arrive at the truth. We had, about 2½ years ago, rued the case of what appears to be a patent murder of Sridevi, a most famous Indian heroine, being passed off as a suicide amidst allegations of hushing up the matters at the highest political levels. Citing the instance of the death of another star actress Priya Rajvansh that was also sought to be so passed off but due to public outcry and on closer investigation tried as a deliberate murder, this editor had expressed several doubts on Sridevi’s suspicious death, as also the earlier such deaths of Telugu film heroes Udaykiran and Ranganath, and hoped that “someday, somehow and by somebody the real truth would come out.” Now, the same holds good for the recent death of Sushant Singh Rajput, the lively rising star of Bollywood, and possible rape and murder of his secretary Disha Salian a week before; her autopsy report indicates some injuries to her private parts even. Seems the Bombay Police are not proceeding properly with the investigation and very surprising to know that even a FIR has not been registered by them since the last 6 weeks. Even for the cases taken up under S 174 of Cr.P.C., as suspicious deaths, the filing of a FIR is quite essential. Much furor and outcry from various circles arose and his own father filed a complaint in Patna, Bihar, the police there registered a FIR and took up investigation on the charges of murder by Sushant’s new lover Rhea Chakravarty/her family members. One famous hero-actor, Shekhar Suman, openly shouted ‘murder’ and has given a representation to the Maharashtra Governor, requesting the investigation to be handed over to the CBI. There is an urgent need to hand over both the cases to the CBI or any independent investigating agency, under the monitoring of some High Court, especially since allegations of involvement of persons in high political echelons, like the minister, Aditya Thackeray of Shiv Sena, is alleged in connection with both the cases. We also opine that it is essential for Section 174 Cr.P.C. to be suitably amended for handing over all cases of suspicious death to a Sessions Judge/Judicial Magistrate for necessary inquiry. §§§

Editorial, "INDIA-NEPAL RELATIONS AT A NEW LOW," in LAW ANIMATED WORLD, 15 July 2020, Vol. 16, Part 2, No. 13 issue

 INDIA-NEPAL RELATIONS AT A NEW LOW

now and that, no doubt, due to the chauvinistic attitude and measures of the current Nepali government led by K.P. Sharma Oli. It is very sad that entire Nepal Parliament stood behind this pervert PM as against India though for the last about 200 years the current control and arrangements, to say the least, are being followed in the Limpiyadhura- Kalapani-Lipulekh triangular sector. An insightful write-up by Naresh Koirala in The Khatmandu Post (4 June 2020) itself has refuted the bellicose statements/measures of the Nepalese PM and it may be sufficient to quote some salient portions of the same: “Nepal’s publication of a new map showing the Limpiyadhura-Kalapani-Lipulekh area within its territorial boundary has raised passions here and across the border in India. The area in question, a 370-square-kilometre strip located at the north-western corner of the country, has been under Indian administration for a long time. But Nepal argues that, under the terms of the 1815 Sugauli Treaty, it is her land and should be returned. It looks like the newly unveiled map will bring India to the negotiating table.” “The territorial boundary of modern Nepal was defined by the Sugauli Treaty signed with the British East India Company in 1815. It said that the course of the Kali River, called the Mahakali downstream, marked Nepal’s western boundary which is the subject of the current row. …… The Mahakali has two tributaries – one starting at Lipukekh and the other at Limpiyadhura. The treaty did not specify which of these two tributaries would be considered the Kali for the purpose of delineating the boundary. India says the Kali starts at Lipulekh, and Nepal says Limpiyadhura is the river's source.” “In the early 1960s, King Mahendra gave consent to Indian Prime Minister Jawaharlal Nehru to continue the use of the Lipulekh-Kalapani area, according to the then Home Minister Biswabandhu Thapa. In 1961, Mahendra signed a boundary treaty with China, which says, ‘The boundary line starts from the point where the watershed between the Kali River and the Tinkar River meet the watershed between the tributaries of the Mapchu (Karnali) River on the one hand and the Tinkar River on the other hand’. This treaty makes Tinkar, about 10 kilometres south of Lipulekh – the tri-junction where the China-India-Nepal borders meet – and supports India’s current position.” Further, the UN map of Nepal, the CIA facts book map, and the various maps by Nepal itself till now, do not claim the triangular portion and China entered into an agreement with India in 2015 for opening a trading post at Lipulekh, in effect recognizing the trijunction as within Indian jurisdiction. A shorter, more convenient route to a most sacred pilgrimage site, Manasarovar Lake, lies through Lipulekh, to facilitate which India has built a new road up to Lipulekh recently, which raked up the entire controversy now. However, it seems there is strong opposition to Oli in the ruling Nepal Communist Party itself and the faction led by Prachanda, who stood foremost in the militant struggle against monarchy and for achievement of democracy in Nepal, is bitterly opposed to the fanatic and perverse policies and actions of Oli, especially his rabid anti-Indian stance. Hope the Nepal Communist Party will oust Oli and install a saner, liberal leadership in that government, which then can mend relations with India for the better. §§§

Editorial, "A NEW COLD WAR!?," in LAW ANIMATED WORLD, 30 June 2020, Vol. 16, Part 1, No. 12 issue

 A NEW COLD WAR!?

It seems so as the Trump administration in the U.S., hard pressed by the fast spread of the Coronavirus contagion making America the No. 1 in that field too, as also by the countrywide George Floyd memorial “I can’t breathe” protests, which have in many places degenerated into mere chaos, is concentrating its guns on China now, spreading all sorts of malicious lies and inciting its protégés and ‘allies’ to attack it by all means. The Democrats in America, piqued by the shocking defeat of their candidate in 2016, tried all vicious tricks to first spread Hate Russia campaign under the directions of the deep state in America, shooting Trump with wild, false RussiaGate allegations and prolonged impeachment proceedings all of which boomeranged to their utter dismay. Now they are in the main leading the George Floyd protests also though, queerly, all the anarchy is concentrated in their controlled States. So now Donald Trump has targeted all his guns on China – against which there seems to be bipartisan unanimity in the U.S. in terms of wild hatred borne out of sheer jealousy at its phenomenal growth in the world economy despite all sanctions and vile measures of the U.S.-NATO coteries. They are spreading a venomous propaganda against China mainly on the issues of the so-called repression of ‘democracy’ in Hong Kong and their new National Security Law, of the allegedly deliberate spread/non-information on the spread of Coronavirus pandemic, and alleged ‘persecution of Uighur Muslims’ in China. More recently, America is trying to make best advantage by meddling in our [India’s] border clashes with the Chinese in an effort to shoot it over our shoulders. However, all the lies and schemes in their vicious propaganda and aggressive measures have been exposed by reputed scholars and wise statesmen all over the world and we Indians must realize that just as America had severely damaged the interests of world peace and progress by its stubborn cold war against the Soviet Union, it is again imperiling the welfare, even the very survival, of humanity by such confrontational moves in collusion with other Western coteries and trying to use us India as a pawn in their wicked game; we should strongly reject all such offers and moves, and build bridges of friendship and peace with China and Russia, as also other developing countries in the world, to foster not only our own national interests but also world peace and progress at large. §§§