SAD DEMISE OF A DEDICATED CIVIL RIGHTS LEADER

SAD DEMISE OF A DEDICATED CIVIL RIGHTS LEADER

This is to convey my heartfelt condolences to the near and dear of Sri Yashpal Chibbar, the indefatigable human rights activist and the dedicated General Secretary of the People's Union for Civil Liberties on 2 December 2008 at Delhi. It will not be an exaggeration to state that Sri Chibbar worked heart and soul for the cause of the common man in India, for the protection and promotion of civil and human rights to all sections of people, especially the downtrodden and sacrificed himself like a bright candle dispensing light to one and all. No words are adequate to applaud his stupendous work for the cause of socialism, democracy and human rights. Let us all vow to follow his path and his resolve for upholding and promoting human rights in India and the world. - I.MALLIKARJUNA SHARMA, Advocate and Convener, MARXIST STUDY FORUM and Editor, LAW ANIMATED WORLD, a world law fortnightly published from Hyderabad, H. No. 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082. Ph: 040 - 23300284.

Editorial 'Wanna Socialism Without Terror' in 15-30 November 2008 October Revolution Special issue of LAW ANIMATED WORLD

Wanna Socialism without Terror

There is a sea of difference in the circumstances in which the early utopian or scientific socialist ‘seers’ lived, preached and practiced and the present space age in which all elements of both progress and reaction are developed to an unprecedented degree. At that time “there were no railways, no motor cars, no electricity generation and no large scale steel industry. Radio had not yet been invented.” The classes and class struggles talked of in the Marxian times are no longer relevant or acceptable this day when so many other social groupings overlap against the mostly economic classification envisaged in those times. Capitalism did not boil down to the two-class model but has given rise to more variegated classifications and developments. So what is the meaning in sticking to the outworn phrases and irrelevant ideals of those times? This is the question often posed by angry and educated youth who are not favourably disposed to Socialism. We do recognize the elements of truth in their scornful contentions but at the same time point out that there are also some things – some priniciples, some social customs and some ethics which are viewed or desired to be constants for any meaningful social progress. Most of the people even today are theists, adhering to sundry religions and accept the sermons from their preachers about the age-old ethical and religious ‘good’s. Likewise the ideal of individuals composing a society, cutting across the barriers of caste, status, class and even religion, rising above ‘self’ and working for the social good in a system mainly of socialized means of production, carefully planned and efficiently operated for equitable distribution resulting ultimately in the individuals’ all-round development, also has its virtue of constancy. It has also a quite modern ring and is certainly better than the greedy, callous and ruthless mindset generated by untrammelled capitalism to which the present globalizaiton processes are degenerating. However, the means to be followed by the change-desiring sections and classes of people have also to be in consonance with the high ideals and they should take cognizance of the changing needs and circumstances of the people, shunnig from mindless violence, especially indiscriminate terrorism, in their just struggles for social transformation. In short, we need a socialism without terror and with a human face, and not the naked gods of Howard Fast or terror molochs of Ayodhya or Bombay communal fanatics either §§§

Editorial, 'fESTIVAL OF LIGHTS', 31 October 2008 issue of LAW ANIMATED WORLD

FESTIVAL OF LIGHTS

The gala religio-cultural event joyously celebrated mainly in India but also all over the world by billions of Hindus, Jains, Sikhs, and sections of Buddhists too, and joined in by unassuming millions belonging to other religions even, has its libertarian significance too. Especially among the Sikhs, as it is said Guru Hargobind secured release of himself and also 53 Hindu kings from Mughal prisons and returned to Amritsar on that day when the Golden Temple and the whole town was illuminated with diyas (small clay lamps) to revel at the occasion, it is annually celebrated as the Bandi Chodh Diwas (Prisoners Release Day). We know the Hindu myth of Satyabhama, pet wife of Krishna, said to be an incarnation of Goddess Earth, killing Naraka, the demon of evil and darkness, and freeing from his captivity hundreds of beautiful princesses, on the eve of this festival to be jubilantly celebrated by rows of lights set up to mark the occasion. What was more enlightening was to find that in India it perhaps originated among Jains, adherents of a sort of ‘trans-theistic’ religion, when they started celebrating the Nirvana, long long ago in 527 BC, of their last theerthankara, Lord Mahavira, to symbolically keep the light of their Master’s knowledge alive saying, “Since the light of knowledge is gone, we will lit up the ordinary matter” (gaye se bhavujjoye, davyujjoyam karismamo). And in Nepal where it is celebrated with gusto, it is said to be a sort of folk festival too, marking the end of a harvest season and also the beginning of the Nepal Sambat (New Year). As such we have no hesitation in joining the festivities along with the ordinary masses of all denominations and earnestly wishing all the best for all suffering humanity of the world and hope that our rationalist friend would find nothing irrational, nor atheistic comrade find anything superstitious, in our happy Diwali greetings for, after all, we are only yearning for ‘the light of virtue and truth to dispel the darkness of evil and ignorance’ (Tamasoma jyotirgamaya)! §§§

Editorial, DISTRESS SUICIDES, in Vol.4: Part 2, 15 October 2008 issue of LAW ANIMATED WORLD

DISTRESS SUICIDES

seem to have spread from the ranks of farmers to those of artisans also in Andhra Pradesh. Eminent social scientists underscore that this phenomenon of large scale farmers suicides is something entirely new and link it to the last decade of globalization and trade liberalizaton under a corporate-driven economy. Some blame the modern ‘neo-coloinalist’ collaboration setup as directly responsible for all this mess. They point out that prior to the British occupation Indian peasant used to earn significantly more than the English farmer, and it is the colonial system of plunder and iniquitous land use that led to the collapse of the flourishing agriculture and handicrafts. After Independence, Indian farmer again rose up and was always able to feed the ever increasing population of the country with his skills and toils but again the LPG processes have reversed the trend. “Agrarian distress and consequent mass suicide since 1997 once again started when India again exposed its agriculture to foreign companies in 1991.” The same is true for the fate of handicrafts... And all this a part of the worldwide globalized ‘free trade’ cannibalism. See this severe indictment: “The transformation of life into commodities kills, but nowhere is this more deadly than in the extreme market conditions of contemporary China. Red capitalists use anything … for runaway overproduction. The Chinese commodities inundating the earth stem from a pitiless market of low-paid laborers, including children and prisoners, who put in long hours... With massive unemployment in rural areas and a huge migration to cities … life for many unfortunate Chinese is a constant struggle of one against all in which stolen children are sold for profit...” And that is exactly what is ailing us too. So in the final analysis it is an acute human rights crisis created by cruel capitalist greed but our human rights commissions and superior courts seem to be ‘blissfully ignorant’ and the State, giving up the welfare state ideal, aids and abets the monstrous capitalization spree. And ‘we the people’ are baffled, unable to fight concertedly to defeat such dehumanizing processes and forces §§§

Editorial: COMBATING TERRORISM, of Law Animated World, Vol. 4: Part 2, 30 September 2008 issue

COMBATING TERRORISM

is not easy, indeed it is one of the most difficult tasks, not only for the different governments at the helm, but also for the progressive people at large. It involves basic questions of theory and practice. And terrorism is not a uniform monolith either; it consists of various varieties in different circumstances. The world today is convulsed by Islamic terrorism but that too has different strands. Even Bin Laden’s tirades against the American tyrants are not just religio-fanatic but curiously advert to several ‘secular’ causes. As one serious researcher puts it: “The vast majority of Bin Laden’s public statements provide secular, not religious, rationales for 9/11. The principal purpose of the attack was to punish the ‘unjust and tyrannical America’. The casus belli he invokes over and over again is injustice not impiety. … Bin Laden almost never justifies terrorism against the West as a means for subordinating Western unbelievers to the true faith. Instead, he almost always justifies terrorism against the West as a form of legitimate self-defence.” And we know terror was and is used in legitimate self-defence or even in counter-offensives against oppressive/imperialist regimes. However, we unequivocally condemn terrorism of the type which indiscriminately kills and maims non-combatant innocents on whatever ‘noble principles’ or ‘high ideals’ advocated in support. The recent bomb blasts by Islamic terrorists in various cities of our country belong to this category. Long back Marx had so analytically stated, “Terror consists mostly of useless cruelties perpetrated by frightened people in order to reassure themselves. … the blame for the Reign of Terror in 1793 lies almost exclusively with the over-nervous bourgeois, demeaning himself as a patriot, the small petty bourgeois beside themselves with fright and the mob of riff-raff who know how to profit from the terror.” Today’s terrorists also belong to similar social groups, though here surcharged with religious frenzy. To combat it needs not just tough police and military measures but also mass awareness and education programs not only to isolate terrorists but also to fight against the glaring injustices in the socio-economic systems which give fillip to such outbursts §§§

Editorial - "Right to Live v. Right to Know" in the 15 September 2008 issue of LAW ANIMATED WORLD, Vol. 4, Part 2, No. 17

RIGHT TO LIVE V. RIGHT TO KNOW

That the entire biomass in this static-dynamic cosmos (akhila charaachara viswam loni samasta praanikoti) is to be viewed with due care and respect is our ancient wisdom, occasionally noted but often flouted. We humans acted with impunity and cruelty to cause extinction of innumerable biospecies. Our superiority complex as also the arrogance about the uniqueness of our intelligence leading to novel scientific, techonological advances and tamperings with nature are some main causes; and the same now drive us toward a perhaps inevitable danger of annihilation. In our thirst for knowledge and greed for power we have split the atom, generated vast energies, committed genocides as also created dangers of a nuclear holocaust. Now we are on the brink of creating black holes, which Dr. Otto E. Rössler fears may eat up our entire earth in a matter of years if we are unable to cope with them – all this in the name of the biggest scientific experiment in world history to know the secrets of the universe. Are we unwittingly behaving like ‘Bhasmaasuras’? Doubts crop up though the spirit of enquiry tends to belittle all that as mere gibberish. Dr. Rössler and others have even approached the European Court of Human Rights, saying: “CERN itself has admitted that mini black holes could be created when the particles collide, but they don't consider this a risk. [But] … it is quite plausible that these little black holes survive and will grow exponentially and eat the planet from the inside. … We submitted this application to the ECHR as we do not believe the scientists at CERN are taking all the precautions they should be in order to protect human life." Not only the human but the entire earth should be protected. Hitherto, we are accustomed to respect the right to know as an integral part of the right to life, but now comes the juncture of a calamitous conflict between it and the very right to live. Let us hope the time has not completely run out and human wisdom prevails in the end to thwart any possible dangers to our geo-bio §§§

Edtorial 31 August 2008 typing mistake regretted

In the editorial of 31 August 2008 issue of LAW ANIMATED WORLD, posted on this blog [as also in the printed version of the newspaper), a material mistake occurred: It was typed: WOLD, instead of WORLD. We very much regret the mistake and request the readers to read it as WORLD. The title of the Editorial is: 'ONE WORLD, ONE DREAM'. - I.M. Sharma.

Editorial, 'One World, One Dream', in 31 August 2008 issue of LAW

LAW ANIMATED WORLD
A world law fortnightly published from Hyderabad, India.
Editor: I. Mallikarjuna Sharma
ADVISORS: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer, O. Chinnappa Reddy, B.P. Jeevan Reddy (Former Judges, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, S.C., Delhi).
Volume 4: Part 2 31 August 2008 No. 16

‘ONE WOLD, ONE DREAM’

The world’s gala sports feast of peace, harmony and progress came to a joyous end amidst great pomp and ceremony on 24 August 2008 with Liu Peng, President of the Chinese Olympics Committee, declaring that this 23-day sports festival conducted in the spirit of ‘One World, One Dream’ has achieved the objectives of unity, friendship and progress. Truly, China with the successful organization of this mega event has come of age as a leading power of the world, and has done entire Asia proud by topping the list of gold medals, the first since many decades for any country other than the USA. In contrast, we, the second most populous country in the world, could bag just three medals in all, and have much to learn and imbibe from our efficient neighbour in this regard. The Olympics were memorable for the spirit of friendship and amity displayed by the competing teams from >200 countries all over the world, and happily not marred by any terrorist attacks or ugly demonstrations. The IOC President Jacques Rogge congratulated China for ably conducting the Games and lauded the participants: “You have shown us the unifying power of sport. The Olympic spirit lives in the warm embrace of competitive rivals from nations in conflict. Keep that spirit alive when you return home.” That was in obvious reference to the unforgettable hugging by Natalia Paderina of Russia, the Silver medalist, of Nino Salukvadze, the Georgian bronze medalist, in 10 meter air pistol shooting, despite then raging war between Russia and Georgia, with Natalia remarking that ‘sports is not politics’ and Nino responding saying ‘politicians should straiten out the situation’. We too hope and wish this friendly spirit prevails over the undesirable enmities raging in the world today, and the belligerent powers realize the futility of, and give up, the old imperialist or aggressive policies and strive for One World of peace, unity and human welfare instead §§§

Editorial 'Whither this downslide?' in LAW, 15 August 2008 issue

WHITHER THIS DOWNSLIDE?

Sri Sri, the great poet of Telugu literature, had long back lamented in these terms the tragic plight facing our countrymen. Even after 60 years of independence, the evils he deplored – corruption, nepotism and black-marketing and greedy selfishness – are growing by leaps and bounds. Inflation and unemployment are racing uncontrollably. There may be considerable development on capitalist lines but the fruits are largely gulped by tiny sections of the people. The great majority are leading uncertain lives, to say the least, and the downmost ten percent are on the verge of starvation and in danger of extinction. Socialism has become a mere catchword and the Constitution is being undermined by its own supposed protectors. Concentration of wealth is touching new peaks, scorning Article 39, and the commons are thrown to destitution saying the inefficient and unlucky deserve such fate in a competitive society. Market economy is assuming ominous dimensions and new sort of East India Companies are being invited. Basic amenities are lacking for common people. Welfare society is becoming a dream of the past. One Abhinav Bhindra no doubt deserves all congratulations, but the basic fact that ninety percent of schools and colleges do not have minimum sports facilities tells the reason for our stark failure at Olympics or elsewhere. With participatory management always held as a laughing stock ideal, the workers have no future or even present. Honest and hardworking peasants are being driven to suicides. Only the rich and the elite are cosy. This is nothing but an oligarchy parading as democracy in an age when even developed capitalist countries are striving for high humanitarian, libertarian and social welfarist principles at least in their domestic arenas. The only remedy seems to be a grassroots revolution, but can ‘we the people’ do that? §§§

Editorial 'Speaker's Saddest Day' of 31 July 2008 issue of LAW

SPEAKER’S SADDEST DAY

It is unfortunate that the high office of the Speaker of Lok Sabha has been tarnished and Mr. Somnath Chatterjee has been expelled by his own party for not abiding by its dictate. We are not following the American model where the Speaker is also a leader of a parlimentary party and could even act as a leader of the Opposition, but the Westminster model where he is considered to be non-partisan from the moment of his election to that august post. Whatever be his defaults and blunders as a mere member of the parliament and as chairman of the West Bengal Industrial Finance Corporation and holder of other offices, it is generally accepted that Mr. Chatterjee acted ably and fairly in discharge of his office of the Speaker and won the plaudits from the parliament and of the nation too. Especially during the stormy sessions of the House on 21-22 July on the Confidence Motion moved by the Prime Minister, his impartial way in conducting the House amidst great stress and strain - and what touched my heart, the avuncular affection with which he treated even his political opponents, like Shah Nawaz of the BJP – drew deserving praise from all parties in the country. If anything, he brought laurels to his own party by his sterling conduct of the House as the Speaker and it is incomprehensible how a bunch of inexperienced leaders of that party could decide that ‘he seriously compromised the position of the party’ and that too in such a summary fashion on the very next day after the trust vote. This is but a kind of fascist organizational anarchy, and certainly not a marxian democratic manner. Somnath Chatterjee lamented it as the ‘saddest day’ in his life. It is truly sad also for all those who believe in democratic norms that can alone guide any parliament or political parties successfully towards the construction of a really democratic welfarist society * * *

Dr. Subroto Roy's article on "INDO-US NUCLEAR DEAL"

Our readers may find this piece interesting:

To Clarity from Confusion on Indo-US Nuclear Deal
July 14, 2008 — drsubrotoroy
Need for ClarityA poorly drafted treaty driven by business motives is a recipe for international misunderstanding
First published in The Sunday Statesman, August 19 2007, Editorial Page Special Article, www.thestatesman.net
By SUBROTO ROY
Confusion prevails over the Indo-US Nuclear Deal. Businessmen, bureaucrats, politicians, diplomats, scientists and now the public at large have all joined in the cacophony in the last two years. On Wednesday August 15, America’s foreign ministry made the clearest most unequivocal statement possible as to the official American Government interpretation of the Indo-US nuclear deal: “The proposed 123 agreement has provisions in it that in an event of a nuclear test by India, then all nuclear co-operation is terminated, as well as there is provision for return of all materials, including reprocessed material covered by the agreement” (Sean McCormack). Yet our Prime Minister had told Parliament two days earlier: “The agreement does not in any way affect India’s right to undertake future nuclear tests, if it is necessary”. What is going on? Our politics are in uproar, and it has been suggested in these pages that the country go to a General Election to allow the people to speak on the matter. Clearly, we need some clarity.
Let us start at the beginning. How did it all originate? The private US nuclear industry prevailed upon India’s government bureaucrats and businessmen over several years that nuclear power is the way forward to solving India’s “infrastructure” problems. They would sell us, in words of the Manmohan-Montek Planning Commission’s energy adviser, “six to eight lightwater reactors” (especially as they may not be able to sell these anywhere else). Our usual prominent self-seeking retired bureaucrats started their waffling about the importance of “infrastructure”.
Then Manmohan Singh felt his foreign travels as PM could be hardly complete without a fife-and-drum visit to the White House. But before he could do so, Dabhol would have to be cleared up since American business in India was on a self-moratorium until GE and Bechtel were paid settlements of some $140-160 million each by the Governments of India and Maharashtra. GE’s CEO for India kindly said afterwards “India is an important country to GE’s global growth. We look forward to working with our partners, customers, and State and Central Governments in helping India continue to develop into a leading world economy”.
Also, before Manmohan’s USA trip, the Confederation of Indian Industry registered as an official Washington lobbyist and spent half a million dollars lobbying American politicians for the deal. (”Why?” would be a good question.)
So Dr Singh was able to make his White House visit, accompanied by US business lobbies saying the nuclear deal can generate $100 billion worth of new American business in India’s energy-sector alone. It is only when business has lubricated politics in America that so much agreement about the India-deal could arise. The “bottom-line” is that six to eight reactors must be sold to India, whatever politics and diplomacy it takes.
Now Dr Singh is not a PM who is a Member of the Lower House of Parliament commanding its confidence. He says his Government constitutes the Executive and can sign treaties on India’s behalf. This is unwise. If he signs a treaty and then the Congress Party loses the next General Election, a new Executive Government can use his same words to rescind the same treaty. What is sauce for the goose is sauce for the gander. One reason we are so confused is that India has not signed very many bilateral treaties, and there is barely a noted specialist in international law anywhere in the country. Dr Singh’s original mentor, PN Haksar, had gone about getting a treaty signed with the USSR back in 1971 which tided us over a war, though the USSR itself collapsed before that treaty ended.
Signing a treaty is much more than signing an international MOU. It requires a national consensus or a least a wide and deep understanding on the part of the public and the political class as to what necessitates the treaty. That plainly does not exist at present. Most people in India do not even know how nuclear power is generated, nor how small and insignificant nuclear power has been in India.
Natural uranium is 99.3 per cent of the U-238 isotope and 0.7 per cent the radioactive U-235 isotope. Nuclear power generation requires “enriched uranium” or “yellow cake” to be created in which U-235 has been increased from 0.7 per cent to 4 to 5 percent. (Nuclear bombs require “highly enriched” uranium with more than 90 per cent of U-235.) Yellow cake is broken into small pieces, put in metal rods placed in bundles, which are then bombarded by neutrons causing fission. In a reactor, the energy released turns water into steam, which moves turbines generating electricity. While there is no carbon dioxide “waste” as in burning fossil fuels, the “spent” rods of nuclear fuel and other products constitute grave radioactive waste, almost impossible to dispose of.
India’s 14 “civilian” nuclear reactors presently produce less than 4% of our total power. 70% of our power arises from burning fossil fuels, mainly coal. Much of the rest arises from hydro. We have vast hydroelectric potential in the North and Northeast but it would take a lot of serious political, administrative and civil engineering effort to organise all that, and there would not be any nice visits to Washington or Paris involved for politicians and bureaucrats.
Simple arithmetic says that even if all our principal energy sources stayed constant and only our tiny nuclear power sector grew by 100%, that would still hardly increase by very much our energy output overall. Placing a couple of expensive modern lightwater reactors around Delhi, a couple around Mumbai and a few other metros will, however, butter already buttered bread quite nicely and keep all those lifts and ACs running.
The agreed text of the “treaty” looks, from a legal standpoint, quite sloppily and hurriedly written ~ almost as if each side has cut and paste its own preferred terms in different places with a nod to the other side. For example, there is mention of “WMD” initially which is repeated as “weapons of mass destruction” just a little later. There is solemn mention of the “Government of India” and “Government of the United States of America” as the “Parties”, but this suddenly becomes merely “United States” and “India” in the middle and then reverts again to the formal usage.
Through the sloppiness comes scope for different interpretations. The Americans have said: try not to test, you don’t need to, we don’t test any more, and you have to know that if you do test, this deal is over, in fact it gets reversed. We have said, okay, we won’t test, and if we do test we know it is over with you but that does not mean it is over with others. Given such sloppy diplomacy and treaty-making, the scope for mutual misunderstanding, even war, remains immense long after all the public Indian moneys have found their way into private pockets worldwide. Will a future President Jeb Bush or Chelsea Clinton send F-22 bombers to bomb India’s nuclear facilities because India has carried out a test yet declined to return American equipment? Riding a tiger is not something generally to be recommended.
The answer to our present conundrum must be patience and the fullest transparency. What is the rush? If it is good or bad for us to buy six or eight new American reactors now, it will remain good or bad to do so a year or two from now after everyone has had a thorough think about everything that is involved. What the Manmohan-Montek Planning Commission needed to do first of all was a thorough cost-benefit analysis of India’s energy requirements but such elementary professionalism has been sorely lacking among our economists for decades. (emphases ours)
(The author is Contributing Editor, The Statesman)

And to this I posted my comment thus:

Dated 22 July 2008 at 7-40 AM:

I liked the article very much. It is quite clear and especially exposes the greedy economic interests behind pushing through the Indo-US nuclear deal. But Dr. Subroto Roy should also have dealt with prohibitive costs of nuclear plants, non-installation of a single nuclear plant in America since the last three decades, and the potential more devastating hazards of nuclear energy compared to other forms of energy etc. He should also have exposed the hypocrisy of Indian rulers who chant 'ahimsa' but build the most detested and most horrible nuclear weapons and all (including the present left) insist on the 'right to build nuclear weapons' i.e. 'right to proliferate'! My own opinion is India should denounce nuclear weapons once and for all, start a process of nuclear de-weaponization and demand that Non-Proliferation Treay be amended to include the newly become nuclear-weapon states as what they are : 'nuclear weapon states' with all the advantages and liabilities that entail that status. It is simply ridiculous for one to admit a patently nuclear weapon state under the category of non-nuclear weapon state. India should enter into accords with IAEA and join NPT, enter into all disarmament treaties like CTBT, etc. but in its real status i.e. of a Nuclear Weapon State. Then India should continue its nuclear (unilateral) moratorium and make it 'absolute' (in legal terms). It is simply horrendous to suggest India should go on with all tests simply because China or America has done so - build a hydrogen bomb, then go for a 50 megatonner or 100 megatonner etc., etc. If necessary let us do more nuclear research and simulate any tests necessary on computers improving our knowledge power i.e. build virtual weapons only to tackle emergencies and be prepared for any armageddon as a defending State and that only for defence (if that has any meaning at all in a nuclear armageddon). Here I differ with the present Left, which is almost sailing with the BJP Right in jingoism in the name of State Sovereignty. India should forego a part of its sovereignty in the general interests of human kind just as more than 189 States which signed the NPT, hundreds of others which signed all disarmament treaties have done - but that on the basis of recognition of its real status as a nuclear power state and not on the basis of any ludicrous 'legal fictions' placing it in the category of non-nuclear states.
I am an advocate and editor of LAW ANIMATED WORLD, a world law fortnightly, published from Hyderabad, India. Please visit our weblog: http://lawanimatedworld.blogspot.com/ to know more about us. Also I request permission from you (Dr. Subroto Roy) to reproduce this article and any other articles on your website, with of course due courtesy paid to you [I will print: coutesy: Dr. Subroto Roy at http://independentindian.com/.] I will appreciate an early positive reply from you. With regards, I. MALLIKARJUNA SHARMA, Advocate and Editor, Law Animated World, 6-3-1243/156, M.S. Makta, Hyderabad - 500 082.

And if the necessary permission is given by Dr. Roy, we will certainly reproduce this piece in the coming issue of our journal. - I.M. Sharma.

Editorial: G-8 x 123 = 000, in the LAW ANIMATED WORLD, 15 July 2008 issue

G-8 x 123 = 000

Some of the world’s most developed States annually meet as the G-8 group to discuss the international situation and mould their contributions and actions accordingly. Of late they are also inviting other major emerging economies like China, India, Brazil etc. as observers and accordingly our Prime Minister has also gone to its recent summit in Japan. Exactly for what purpose he went, and what decisions beneficial to our country he managed to obtain there we do not know but it is said it was mainly to make the 123 deal with America palatable to all the major economies in the world that he went there. He saw and returned but it is doubtful if he conquered anything. The summit itself seems to have drawn a big cipher since no worthwhile practical measures were suggested or taken to curb the growing worldwide inflation, especially the abnormal rises in oil and food prices, and to alleviate the acute sufferings of the poor and deprived people the world over. The G-8 no doubt wanted civilian nuclear cooperation with India but that subject to the safeguards and terms and conditions of the International Atomic Agency and the Nuclear Suppliers Group and for the ends of nuclear non-proliferation. Meanwhile at home the politico-economic crisis is deepening with the Right and the Left both stoutly opposing the 123 nuclear deal, stressing the need to safeguard our own sovereign interests by avoiding any junior partnership with America. Both are angry and working feverishly to topple the Government. Even if Man manages by hook or crook to wriggle out of the predicament, one wonders whether it would be in the best interests of the country to go through a deal that is strongly opposed by about half the population at the least. All this may work out only to the above strange equation, undermining our socio-politico-economical interests in the end.

'ATTACK ON PRESS FREEDOM' - Editorial of 30 June 2008 issue of LAW

ATTACK ON PRESS FREEDOM

with a special law abused for aiding and abetting fundamental rights’ violations – the scenario is somewhat reminiscent of the Emergency days, but all this just a few days back. Even if the journalists accused of a newspaper were really involved in insulting a scheduled caste leader by way of burning his effigy after slippering it, by-the-way which mode of condemnation has become very common in socio-political agitations, it is well known that it was only a protest against the preceding attacks against and destruction of property of that newspaper offices committed by that leader’s followers, if not under his instructions, at any rate with his open support. As such the investigating officers, even if a complaint was made under a special law meant for the protection of the scheduled castes and tribes, ought to have known that such protest, though might appear somewhat excessive, does not fall under the scheme and terms of that Act. They ought to also have taken note of the interest of press freedom which could be jeopardized by any hasty action on their part. In any case they should have acted coolly but not in an overzealous and arbitrary manner as they did. There was absolutely no need or reason for them to barge into the press premises in night time and arrest the journalists, and the editor late in the night, when they could have just informed the Court and caused issuance of a summons or warrant for their appearance in connection with the complaint case. But it seems the concerned police authorities acted more per the dictates of their political masters and staged an unseemly drama of midnight arrest of the editor of a largely circulated Telugu daily. Perhaps the ruling party thus wanted to push other more sensational and to-them-detrimental political developments of the day to the sidelights by enacting this high drama but such course bodes ill for the cause of social peace and liberty so much desired in the present tumultuous circumstances §§§

WE ARE BETRAYED

For information: We got this message to the journal's editor:

WE ARE BETRAYED

The last 3 generations of American's have been driven to war under the pretense of spreading freedom and democracy; but the words that fall from the mouths of our politicians that lead us to war, are seldom reflected in our actions and end results. Here is a transcript from a discussion between President Johnson and Greek Ambassador, Alexander Matsas, on June 1964 following Ambassador Matsas's refusal to agree to the US Acheson plan for the partition and 'double enosis' of Cyprus"Then listen to me Mr Ambassador. Fuck your parliament and your constitution. America is an elephant, Cyprus is a flea, Greece is a flea. If these two feckless fleas continue itching the elephant they may get whacked by the elephant's trunk, whacked good… We pay a lot of good American dollars to the Greeks Mr Ambassador. If your Prime Minister gives me talk about democracy, parliament and the constitution, he, his parliament and his constitution may not last very long.'"Three years later in Greece…1967: A CIA-backed military coup overthrows the government two days before their elections. The favorite to win was George Papandreous, the liberal candidate. During the next six years, the "reign of the colonels" - backed by the CIA - usher in the widespread use of torture and murder against political opponents; honoring President Johnson's threats to Greece.It is important to remember that President Johnson kept the United States in Vietnam from 1963-1969. It is obvious from his words to the Greek Ambassador Alexander Matsas that Johnson had no regard for the democracy or rights of other nations yet used the rhetoric to justify military funding and the deaths of close to 50,000 Americans and over 300,000 Vietnamese. The idea that we entered the war in Vietnam under the pretense of fighting communism and bringing Democracy and freedom to the Vietnamese is hypocritical to say the least when you consider it was at a time when black people in America were still fighting for their own civil rights and freedoms yet were drafted to fight and die for the freedoms of others in foreign lands.At this moment, we the United States of America have military occupation in 130 out of 190 countries across the world. These occupations have been supported by we the people under the guise of spreading peace, but few will argue the statement that is sent to the civilians and the governments of these occupied countries as they quickly realize that the presence of a foreign military sends a clear message that they better comply with US because we are already in their backyard. I am writing this to you to appeal to your common sense, humanity and pride as an American. Ignoring a problem never results in a solution; the culmination of our collective ignorance and denial is today reflected in the state of our union and our struggling economy. The work ethic that founded this great country has been replaced with complacency and denial. We are beyond the point of repair and we are all left with a difficult decision; Do we carry on with business usual and drown with our sinking ship or do face the truth of what we have allowed our country to become, and demonstrate to the rest of the world that our government has been representing their personal interests above that of its people. A government should fear its people for we have the power to replace them. If we do not stand up to our government the rest of the world will view our lack of action as complicity and agreement; and as our dollar collapses and we can no longer afford to maintain our military intimidation, we will be judged based upon our actions against the world and our inaction as American citizens to stop it. "The first duty of society is to give each of its members the possibility of fulfilling his destiny. When it becomes incapable of performing this duty it must be transformed." ~Alexis CarrelThe time for words has come and passed; the only course of action is to educate ourselves so that we can collectively make a peaceful stand and demand immediate changes starting with Congress stepping down which would allow the military to stand down gracefully. Change increases the odds of success, and to think that changing a figure head in the coming elections will change our course and replace what has been eroded is naïve and detrimental to our futures. We have spent significant time to create just3ants.com which provides extensive research and timelines of pivotal historic events and the people that benefited from what resulted. Money and assets can be lost, but knowledge can never be taken from you. Sincerely, Adam L TuckerJust3ants.com

Editorial: 'DAMMING THE GANGES' in 15 June 2008 issue of LAW

Gangotri Glacier Prof. G.D. Agarwal Gangotri in September

DAMMING THE GANGES

could be quite dangerous to the fragile ecosystems of the Himalayan region with calamitous consequences for the people in the Indo-Gangetic plain. No doubt there may be some immediate benefits like cheap hydro-electric power and irrigation facilities to hitherto unreachable areas but the cons unfortunately outweigh the pros in this regard. There was stout opposition to and intense agitation against the construction of the Tehri Dam earlier with the controversy even carried to the Supreme Court through PILs when finally that Court took the regretful decision to give it a green signal and put the matters to rest for the timebeing. But it seems the governments at the helm are not satisfied with the damage already inflicted but want to dam the river near its very origin – Gangotri. Prof. G.D. Agarwal, former Dean, IIT Kanpur, has taken lead now for a spirited fight against this move and has begun his protest fast-unto-death from 13 June. His reasoning is that the damming would lead to the drying up of the lower reaches of Gangaji, which offends not only the sentiments of crores of Hindus who worship the river as a mother goddess but also starts a process of desertification of considerable portions of the Gangetic plain in the near future. The vast water reservoirs created by such damming are hotbeds for tectonic quakes. The entire Himalayan region is a relatively recent geographical formation in creational timescale and it could not endure such human tampering for long. Already in this journal we had earlier discussed the pros and cons of big dams and the enlightening report of the World Dams Commission and all wisdom dictates restraint in this matter. Let the Governments not rush through such potentially disastrous dams but concentrate on less risky medium and minor irrigation works and development of alternative energy sources §§§

Editorial "Damming The Ganges" of 15 June 2008 issue of LAW ANIMATED WORLD

DAMMING THE GANGES

could be quite dangerous to the fragile ecosystems of the Himalayan region with calamitous consequences for the people in the Indo-Gangetic plain. No doubt there may be some immediate benefits like cheap hydro-electric power and irrigation facilities to hitherto unreachable areas but the cons unfortunately outweigh the pros in this regard. There was stout opposition to and intense agitation against the construction of the Tehri Dam earlier with the controversy even carried to the Supreme Court through PILs when finally that Court took the regretful decision to give it a green signal and put the matters to rest for the timebeing. But it seems the governments at the helm are not satisfied with the damage already inflicted but want to dam the river near its very origin – Gangotri. Prof. G.D. Agarwal, former Dean, IIT Kanpur, has taken lead now for a spirited fight against this move and has begun his protest fast-unto-death from 13 June. His reasoning is that the damming would lead to the drying up of the lower reaches of Gangaji, which offends not only the sentiments of crores of Hindus who worship the river as a mother goddess but also starts a process of desertification of considerable portions of the Gangetic plain in the near future. The vast water reservoirs created by such damming are hotbeds for tectonic quakes. The entire Himalayan region is a relatively recent geographical formation in creational timescale and it could not endure such human tampering for long. Already in this journal we had earlier discussed the pros and cons of big dams and the enlightening report of the World Dams Commission and all wisdom dictates restraint in this matter. Let the Governments not rush through such potentially disastrous dams but concentrate on less risky medium and minor irrigation works and development of alternative energy sources §§§

Editorial 'Degeneration of Democracy': LAW ANIMATED WORLD, 31 May 2008

DEGENERATION OF DEMOCRACY

There is much truth and relevance in the ancient philosopher-cum-statesman Aristotle’s categorization of and preferences for different types of states which still appeal to the present realities, especially in a dysfunctional democracy like ours. Aristotle called tyranny, oligarchy and democracy as perversions of better forms of state – monarchy, aristocracy and polity respectively, and meant some sort of constitutional elite governance by the last. He was of the firm view that because of the proneness of democracy to degenerate into license and mobocracy it is not to be preferred but of course tyranny is the worst form of state. Nowadays we also witness the same type of license and mobocracy in our country with all the noble values and principles espoused by our constitutional framers and even prior to them by the indefatigable national liberation fighters given a go-bye for narrow group interests. Curiously two glaring perversions of this sort occurred almost simultaneously – one in the North and the other in the South of India. The pictures above speak for themselves but we further say that the attack on the press freedom blatantly resorted to by a communal organization espousing the causes of the ‘most downtrodden of the masses’ bodes no good for the future of our polity. If at all they had been piqued by the innuendo of being ‘hired leaders’ they could have retorted, a la Sri Sri, that many papers too are and act like ‘daughters of Capital and anthills of lies’ and more effectively rebutted any vily propaganda against themselves than by stooping to such low levels of anarchic violence. Likewise the Gujjars better realize that craving for more backwardness never helps any community, antagonizes the rest of the society and perpetuates sloth and meanness. It is high time that individuals and communities think of the fate of the country and democracy first and their particular interests only next.

ON INDO-NEPAL TREATY AND SPECIAL RELATIONSHIP WITH INDIA

ON INDO-NEPAL TREATY AND SPECIAL RELATIONSHIP WITH INDIA

MALLIKARJUNA SHARMA Says: May 19, 2008 at 10:31 pm
I think the open borders should continue and it is the Nepalese who benefit most from it. Introducing visa by Prachanda will also mean Nepalese have to get visa from India too and that will affect the livelihoods of millions of Nepalese who periodically come to India to make some money and go back home. Prachanda should not be swept by national chauvinism. Likewise India and China cannot be equated. Nepal had, has and will have a special relationship with India. It is almost like a border state of India and the people there I found to be so comfortable with Hindi and relations with Indians (except of course any exploiters among them). If there are any other specific clauses and instances of injustice to Nepal those should be discussed threadbare and sorted out in a spirit of friendship and mutual cooperation. Of course a review of the treaty and subsequent arrangements there should be.

Editorial of LAW ANIMATED WORLD, Vol. 4: Part 1, 15 May 2008, No. 9 issue

LAW ANIMATED WORLD
A world law fortnightly published from Hyderabad, India.
Editor: I. Mallikarjuna Sharma
ADVISORS: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi).
Volume 4: Part 1 15 May 2008 No. 9
C O N T E N T S
1. May Day Message 1
2. Law News: $1.4 trillion Indian ‘Black Money’ in Swiss Banks 2
3. Lakshmi Bai: Rani of Jhansi 3-4,by I. Mallikarjuna Sharma 73-74
4. Ashoka Kumar Thakur v. 5-32,Union of India (IND-SC) 45-72
5. RTA v. Grand [AUS-HC] 33-44
6. May Day: Made in America 75
7. May Day Poems Walter Crane and Alfred Hayes 76
Pictures: Left to right: 1. May Flowers; 2. Militant worker; 3. Labour Armed.
Editorial Office: 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082; Ph: 23300284E-mail: mani.bal44@gmail.com;
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MAY DAY MESSAGE

It is not only a jolly holiday for workpersons all over the world but is also their fighting day and as rightly stated by Old Al, it is the workingman’s New Year’s Day. It is also a day for dedication of all democracy and liberty lovers to the cause of labour and the general welfare of the masses. However, we find that the situation of the working classes in our country is quite bleak and though we have a high-sounding Constitution and some labour welfare statutes too, in reality there are no proper institutional safeguards and remedy mechanisms to quickly resolve their disputes. So much so that while the better placed, status-holding government employees walk away with several monetary, statutory and other benefits from time to time, the ordinary workpersons are deprived of even the basic remedy of knocking a labour court directly, except in cases of unjust termination. The superior courts are also not paying due attention to their weals and woes, and in these days of fast progressing LPG economy, they are prone to lend more attentive ears to the employers. Writ petitions by needy employees in various High Courts lie pending for years together without even minimum interim reliefs granted. The cosy airconditioned environment perhaps makes them forget the blistering conditions of the working people for whom the ultimate justice may be too late when, if at all, it reaches. We are not able to understand why workmen should be barred from directly going to a labour court for the many grievances they have, when the more comfortably placed Government employees can directly approach an Administrative Tribunal for all and sundry causes. Needless to say, it is only a militant upsurge of the working classes for quick remedial justice that can win them their just rights but are the Indian workers in a position to rise up and agitate? §§§

Yearning for Independence - Editorial in 30 April 2008 issue of LAW ANIMATED WORLD

YEARNING FOR INDEPENDENCE






was quite evident among the Tibetan diaspora all over the world, when, following the bloody demonstrations inside Tibet in March this year, spirited demonstrations were held in various cities of the world to stall the march of the Beijing Olympics Torch. Though Tibet is recognized as an integral part of China by many countries of the world, including India, several European countries and even USA, it is also true that there has been widespread sympathy among democracy lovers in the world towards the Tibetan national movement, mainly emanating from Dalai Lama, the spiritual cum temporal head of that community, taking refuge in India since 1956. Although it is also true that China has more valid claim to the ‘title of Tibet’ than India has for Kashmir or Nagaland, the scenarios are different in the two countries. Unlike in our relatively open democratic setup, in the closed state socialist, or state capitalist, system of China it becomes extremely difficult to gauze the actual situation in the contentious territory. No title deed however valid can hold against the express aspirations of the inhabiting communities of a territory. It seems that this time the protests inside Tibet have been far more widespread, and the Tibetan national sentiment more acute and articulate than ever in the past. Up to the Eighties the Chinese themselves used to stress that “Countries want independece; nations want liberation and people want revolution,” which saying may be more true nowadays. As such it would behove well for the Chinese regime to quickly take remedial steps to protect the Tibetan national identity and also for some real devolution of power to assure their autonomy. And for that the Chinese should immediately start negotiating with Dalai Lama and other leaders of the Tibetan national movement §§§

Once again Notice and Warning and intimation of another e-mail address for correspondence

Earlier this notice and warning was posted. We repeat it here:
NOTICE AND WARNING
All the readers of and correspondents to LAW ANIMATED WORLD are hereby informed that the e-mail account malliksharma@yahoo.com which we have been using till now has been hacked by some miscreants and we are not able to open it even. Moreover, fraudulent messages that this editor, namely MALLIKARJUNA SHARMA, had gone to Nigeria, lost all his belongings and even his mobile and requests confidentially the recepient of the message to send 3000 dollars are being sent to each and every earlier mail recepient from that e-mail account. So many friends and well-wishers have anxiously enquired from this editor the real state of things and were shocked to know about this fraud. It seems some coterie among Yahoo employees who operate or use the servers or some other very versatile miscreants are behind this fraud. We do not know for what other dirty purposes too they may be using this e-mail account now. So we have decided to trash that e-mail account since all our efforts to at least open it once to at least copy the erstwhile address book in it have miserably failed and our earlier complaints to Yahoo Administrators have gone futile. As such each and every one of the readers, well wishers and acquaintances of the LAW ANIMATED WORLD and its editor are hereby warned not to use that e-mail account ever again. We will not be responsible for any anxiety, tension or loss that may incur such persons who disregard our warning or who have already unwittingly done so. We will intimate our next e-mail account through this blog and also print it on the next issue of the journal but till then the readers, acquaintances etc. may use the account mksharma55@gmail.com to correspond with us through the net. Sorry for the trouble and thank one and all.I. MALLIKARJUNA SHARMA, Editor, LAW ANIMATED WORLD.

So none may henceforth use the hacked and discarded-by-us e-mail address (malliksharma@yahoo.com) but use this gmail address (mksharma55@gmail.com) only. Further we have printed another new e-mail account on the front and back title pages of the journal in recent issues - mani.bal44@gmail.com - which may also be used by readers of the journal or this blog for correspondence with us. Thank you - I.M. Sharma.

Victory for Republican Democracy - Editorial in LAW ANIMATED WORLD, 15 April 2008 issue

Victory for Republican Democracy

The curtain is almost down on the historic Constituent Assembly elections 2064 B.S. in Nepal and by all indications it is the cause of socialist republican democracy that ultimately triumphed there. Belying all adverse psephological prognoses the Communist Party of Nepal (Maoist) led by Prachanda and Bhattarai has registered a resounding victory and would have even gained comfortable majority in the CA but for its own earlier insistence (a correct and proper one though) for proportional representation system. However, a point for exultation is that the combined vote of the different communist parties and groups, undoubtedly the more progressive sections among the populace, exceeds even 55% of the total. Viewed in the light of the general pragmatism and flexibility displayed by the communist movement in Nepal which at one time rallied unitedly around the late Comrade Manmohan Adhikari, the Bhisma Pitamaha of Nepal politics, in the wake of the 1990 Jana Andolan that spelt the doom of absolute monarchy and brought the beginning of constitutional democracy, it may not be unrealistic to expect similar statesmanship now from the tested leader Prachanda, who is talking and acting sensibly and we hope his commitment to mutiparty democracy and people’s welfare would get better over any narrow sectional (rigid party) interests. The need of the hour is to work for the immediate abolition of the monarchy, to wage a concerted war on poverty, health afflictions and illiteracy to overcome the acute backwardness, guard against the usurpations of the LPG economy, establish friendly relations with neighbouring countries while continuing the special relationship with India, and catapult the country into the comity of fast developing nations in the world §§§

Editorial LAW ANIMATED WORLD, Martyrs Memorial Special issue, 15-31 March 2008

A world law fortnightly published from Hyderabad, India.
Editor: I. Mallikarjuna Sharma
ADVISORS: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi).
Volume 4: Part 1 15-31 March 2008 No. 5-6
C O N T E N T S
1. Justice: Socio-politico-economical 3
2. LAW NEWS: History, Fiction and Queens, by Jaishree Misra 4
3. Lakshmi Bai: Rani of Jhansi by I. Mallikarjuna Sharma 5-8
4. Bhagat Singh and the GhadarMovement by Harish K. Puri 9-17
5. People’s Access to JudicialProcess, V.R. Krishna Iyer 18-19
6. On Freedom of Religion… in India, Dr. Asma Jahangir 20-22
7. Justice H.R. Khanna, KGK 23-24
8. Fallouts of ‘Secularism’ under Indian Constitution, RK Jain 25-26
9. Stoll v. Switzerland [ECHR] 27-66
10. Medellin v. Texas [US-SC] 67-106
11. Divine Retreat Centre v. State of Kerala (IND-SC) 107-124
12. NHRC v. State of Gujarat and others (IND-SC) 124-128
13. M/s Parakh Foods Ltd. v. State of A.P. … (IND-SC) 129-130
14. For Abolition of Death Penalty, Srikanth Hariharan 131-134
15. October Revolution and the Democratic Idea by RVR 135-146
16. Advertisements 2, 147
17. Poems, Bahadur Shah ‘Zafar’ 148
Editorial Office: 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082; Ph: 23300284E-mail: mani.bal44@gmail.com; Film making: VSS Laser Graphics, Hyderabad - 500004 (Ph: 23325979); Printed at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad - 500 004. (Ph: 23380000)
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Justice: Socio-Politico-Economical
is a lofty ideal ‘we, the people of India’ set to achieve on gaining independence wading through floods of ‘blood and tears’ and by the supreme sacrifices of innumerable martyrs and freedom fighters. We proclaimed our country as a sovereign, socialist, secular, democratic republic and also committed ourselves to secure liberty, equality and fraternity – all this for the general welfare and prosperity of the country as also of entire humanity. As such it would be apt for us to, from time to time, do some review of our progress towards the achievement of the objectives and some introspection about the failures occurring and mistakes made in this regard. We could not achieve enough progress in forging fraternity among the diverse peoples inhabiting this country. Communal, linguistic and regional chauvinisms abound and are even sanctified in the name of ethnic and cultural identities. At one extreme we find advocates of a steamroller centralization, admired as the only alternative to the present fissiparous tendencies, doing serious damage to whatever federal structure and spirit embodied in our Constitution and in turn giving further fillip to these very deleterious trends. At the other end are various divisive and parochial tendencies – ravings of the Shiv Sainiks, rantings of Kannadiga and Tamil chauvinists, insurgencies in the North-East and the ever-burning pyre (Ravanasura kaashtha) of Jammu and Kashmir, etc. – challenging the very existence of fraternity in our country. This again is telling on our ability to achieve sufficient justice in social, economic and political spheres. So-called high economic growth and the fast running Liberalization-Privatization-Globalization processes of recent years have not really helped the people to any significant extent but are resulting in further immiserisation – always relative, but at times absolute even – of the masses. The crying need is to build up a vast infrastructure of basic public facilities accessible freely or at low cost to the common man by pumping huge public investments and relegate the competitive mechanisms to any further improvements in the socio-economic systems. Basic necessities assured, people would be largely content and, hopefully, tend to be rational and progressive in thinking about their further needs. We are lagging very much in this respect, compared to even avowedly capitalist systems, and once we improve such basic necessities and also develop sufficient fraternity, certainly our ideal will not remain a mere mirage §§§

LAW ANIMATED WORLD, 15 FEBRUARY 2008 issue

Open this link for the complete issue of LAW, 15 February 2008.

LAW ANIMATED WORLD, 29 February 2008 issue EDITORIAL

INTOLERANT INDIANS
One may claim India to be one nation or view it as one country of many nationalities and/or sub-nationalities. Interpretations are variegated, even conflicting. Despite all this, there is also a longstanding emphasis on the ‘unity in diversity’ that exists, and that ought to exist, in this land of many communities, languages, religions and cultural entities. As long as outside invasions and foreign rulers were there, some common causes and basic bonds between the divergent communities existed. Even Indian nationalism originated in such confluence of necessities coupled with the ‘divine dispensation’ of the British imperialist rule. Our protracted struggle for independence had fostered the ideal and spirit of a casteless, classless, secular, socialist, or at least social welfarist, democratic society enveloping all the different nationalities and communities in a fraternal embrace. But now that the British are ‘out’, it seems the divisions and conflicts are rushing ‘in’ and, instead of unity and fraternity, wild passions of jingoism, parochialism, communalism and bigotry are gaining upper hand. Optimists may see in these developments mere though inevitable side-effects of the long-suppressed ethnic, linguistic, regional, religious, etc. identities bursting out in a freer climate after the ouster of the alien rulers; and pessimists may rue them as an indication of the eventual ‘balkanization’ of the country with few benefits if any for ‘we the people’ at large. But the point is that intolerance and hatred buttressed by mobocracy are becoming the order of the day as exemplified in the recent Raj Thackeray and Shiv Sainik attacks on the ‘outsiders’ in Maharashtra, the Taslima-hunt by communal bigots and a sulky state with the acquiescence of even some so-called leftists, tirades against films like Jodhaa Akbar, flare-ups on criticism of the ‘founding fathers’, etc. etc. Beware, all this would only give rise to the glee of diehard reactionaries and to the subversion of whatever sublime that lies in our constitution and polity §§§

LAW ANIMATED WORLD, Vol. 4: Part 1, No. 3, 15 February 2008 issue

A world law fortnightly published from Hyderabad, India.
Editor: I. Mallikarjuna Sharma
ADVISORY BOARD: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Ravi Kiran Jain (Senior Advocate, Allahabad), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi).
Volume 4: Part 1 15 February 2008 No. 3
C O N T E N T S
1. War on Roses? 1
2. LAW NEWS: Torture of Bangladeshi Journalist; Stop Saudi ‘Witch’s’ execution! 2, 59
3. McLIBEL 3-10,by David Wolfson 51-58
4. R v. C.L.Y. [CAN-SC] 11-18
5. British Columbia v. 19-20,Zastowny [CAN-SC] 41-50
6. V. Subbulakshmi v. S. Lakshmi (IND-SC) 21-25
7. DFO, Kothagudem v. Madhusudan Rao (IND-SC) 26-29
8. Karnataka Bank Ltd. v. State of A.P. (IND-SC) 30-40
9. Poem - Jhansi ki Rani, Subhadra Kumari Chauhan 60
Editorial Office: 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082; Ph: 23300284E-mail: malliksharma@yahoo.com; Film making: VSS Laser Graphics, Hyderabad - 500004 (Ph: 23325979); Printed at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad - 500 004. (Ph: 23304835, 23380000)
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EDITORIAL:

WAR ON ROSES?
But We Hate You!




It is no doubt hard and painful to envisage a situation when hooliganism tends to break up things, even heads, in protest against offering of roses and chocolate in expression of love, but strange things do happen in the world, and stranger so in our country. Otherwise it is very difficult to understand the self-styled custodians of ‘Hindu morality’ in Bombay and several other places in India going berserk on the Valentine Day with their hate campaigns. And they find strange bedfellows in orthodox Islamic Saudi Arabia where the government banned all celebrations on that Day, including sale of roses and any ‘red things’ even, as ‘all that is un-Islamic’! That way New Year’s Day is un-Hindu, un-Islamic; so is the April Fool Day and umpteen other usages in India and elsewhere – including the dress you wear and the food you eat, not to speak of the law and politics you mainly follow. Even your chillies are not Hindu my dear, so are tea and coffee; and the most common bananas are not of Indian origin. Whatever be, roses certainly are not Indian but that does not stop us loving their beauty and aroma. Saint Valentine of Terni and Saint Valentine of Rome may be two different persons or not, but tradition hails their fearless martyrdom in the cause of love – to be more precise, their affectionate support to would-be-couples – against Roman imperial barbaric suppression. They are ‘vicariously’ remembered and honoured on 14 February by lovers and would-be-couples exchanging chocolate and roses. What is there in it so alien to Hindu culture which is replete with love, even porn, stories of gods and goddesses and which has deified sex symbols to that pitch which no religion has done. Don’t we have our Nala Damayanti, Radha Krishna, Heer Ranjha, and so on? Capping all, we have the wisest saying ‘udaara charitaanam tu vasudhaiva kutumbakam’ and so let us all try to be liberals in mind and spirit and shun all sorts of fundamentalist excesses §§§

LAW ANIMATED WORLD, Volume 4: Part 1, No. 4, 29 March 2008 issue

NOTICE AND WARNING

All the readers of and correspondents to LAW ANIMATED WORLD are hereby informed that the e-mail account malliksharma@yahoo.com which we have been using till now has been hacked by some miscreants and we are not able to open it even. Moreover, fraudulent messages that this editor, namely MALLIKARJUNA SHARMA, had gone to Nigeria, lost all his belongings and even his mobile and requests confidentially the recepient of the message to send 3000 dollars are being sent to each and every earlier mail recepient from that e-mail account. So many friends and well-wishers have anxiously enquired from this editor the real state of things and were shocked to know about this fraud. It seems some coterie among Yahoo employees who operate or use the servers or some other very versatile miscreants are behind this fraud. We do not know for what other dirty purposes too they may be using this e-mail account now. So we have decided to trash that e-mail account since all our efforts to at least open it once to at least copy the erstwhile address book in it have miserably failed and our earlier complaints to Yahoo Administrators have gone futile.
As such each and every one of the readers, well wishers and acquaintances of the LAW ANIMATED WORLD and its editor are hereby warned not to use that e-mail account ever again. We will not be responsible for any anxiety, tension or loss that may incur such persons who disregard our warning or who have already unwittingly done so. We will intimate our next e-mail account through this blog and also print it on the next issue of the journal but till then the readers, acquaintances etc. may use the account mksharma55@gmail.com to correspond with us through the net.
Sorry for the trouble and thank one and all.
I. MALLIKARJUNA SHARMA, Editor, LAW ANIMATED WORLD.

Republic Day Special issue 15-31 January 2008 issue of LAW

this is the editorial of 15-31 January 2008 Republic Day Special issue of LAW ANIMATED WORLD:

No right to life for animals?







Friedrich Neitzsche made Zarathustra speak up: “…Man is the cruelest animal. At tragedies, bull-fights, crucifixions hath he hitherto been the happiest on earth; and when he invented his hell, behold, that was his heaven on earth.” The mad culling of lakhs of chicken mainly in Bengal but also in other states, as also in various countries, only confirm that reading. Would or should we ‘cull’ entire populations if and when some hundreds of humans die en masse due to plague or other mahamaaris? What permits the human conscience to callously hatch them and breed them in captivity and then mass-slaughter in captivity with nothing like minimum freedom of life allowed? Arguments of vegetarianism or non-vegetarianism apart, have we no duty to all sentient beings – can we arrogate to ourselves the right to mass-slaughter animals in the name of protecting our own few lives - that too when there are indications that the bird flu itself might have been due to us humans polluting the environment? The latest WHO records show deaths of humans all over the world as 225 out of 327 reported bird-flu cases in 5 years (2003-07) but the number of birds culled might have easily crossed the one crore mark. We may conclude with these precious observations by the Kerala High Court in some other context: “Circus animals … forced to perform unnatural tricks, housed in cramped cages, subjected to hunger, fear, pain, not to mention the undignified way of life they have to live … Though not homo-sapiens, they are also beings entitled to dignified existence and humane treatment… In many respects, they comport better than humans, they kill to eat and eat to live and not live to eat as some of us do, they do not practice deception, fraud, or falsehood and malpractices as humans do, …they do not proliferate as we do depleting the already scarce resources of the earth, …nor do they inhale the lethal smoke of tobacco polluting the atmosphere and inflicting harm on fellow beings. …it is not only our fundamental duty to show compassion to our animal friends, but also to recognize and protect their rights. … If humans are entitled to fundamental rights, why not animals?” §§§

REPUBLIC DAY GREETINGS

LAW ANIMATED WORLD expresses hearty Republic Day greetings to all the readers. Please wait for our REPUBLIC DAY SPECIAL ISSUE which will be released within a few days.

All righteous violence is the greatest Dharma

This article is recommended for reading by our readers:
DHARMA HIMSA TATHAIVA CHASwami Chinmayananda
Personally, I am no advocate of violence. But violence, too, has its rightful place in life, life does not preclude death. The average Indian has been moulded into a particular national mentality of quixotic tolerance. His attitude is shaped into its distinct pattern by the ideologies and moralities preached in our national literature. And no single work in our classics has gained such a wide influence on our people as the Bhagawad Gita: and in, this century, no other single message had such a universal appeal to our countrymen as the single line, "Ahimsa Paramo Dharmah" -- "Non - Violence is the greatest Dharma."
This line in its over - emphasis, has sapped both initiative and energy in our millions, and, instead of making us all irresistible moral giants, we have been reduced to poltroons and cowards. And banking on this cowardly resignation of the majority, a handful of fanatics have been perpetrating crimes which even the most barbarous cave dwellers would have avenged. To clothe our weaknesses, we attribute to them glorious names and purposefully persuade ourselves to believe that they are brilliant ideologists !
Let us for a moment go to the original sacred verse and investigate the significances of the moral precept: Ahimsa Paramo Dharmah. This is the opening line of a stanza, and the very next line reads: Dharma himsaa tathaiva cha. "So too is all righteous violence." Indeed, non - violence is the supreme policy to be adopted by man to foster enduring peace in the world; but there are certain dire moments in the life of individuals, as of nations, when we will have to meet force with force in order that justice be done.
To every individual his mother, wife and children are the nearest dependents and to guard their honour and life is the unavoidable first moral duty of each head of the family. This is an obligation whether the victim be a member of the majority or of the minority class within a country, province or city.
By the over - emphasis laid on non - violence we have come to witness the pathetic situation of today, when thousands, in cowardly fear take to precipitate flight, leaving their innocent children to be butchered and their unarmed helpless women to be dishonoured or converted or killed. Under the cloak of glorified non - violence, an entire nation of cowards fly from their homes, when a small sect of fanatic barbarians boldly stalk in and out of their open undefended thresholds to kill, to rape, and to loot. When will we learn to fully interpret our Vedas, scriptures and Upanishads. If only we all learn that dharma - himsa is equally noble as ahimsa.
To me it seems that the only solution for the day's internal chaos is to bring home to the people the significance of the much neglected teaching of dharma - himsa. As it is, a misled and over - excited minority in the country has the sole monopoly of violence; and non - violence is a dangerous folly. However ideal a moral precept may be, so long as, in a society, innocent children, helpless women and defenceless old are left to be butchered dishonoured and tortured, while the youth of the land is made to watch impassionately the hellish scene, we are to conclude that either the idea is a dangerous one, or that we have not rightly understood the full meaning of the precept.
Under the present available scheme of chaos in this country, when under the planned instigation of a few power blind, reckless men, a minority community is rendered into a murderous gang of fanatics, it is the duty of the majority to win back the erring thousands. The cure depends upon the disease; the potency of the medicine is decided upon the virulence of the illness. Today when looting, arson and rape are the dharma of a few, it is rank cowardice for the many to suffer the tyranny of the unprovoked violence in meek submission. In the battlefield, when violence is rampant, it is the dharma of everyone to meet that maniacal violence with determined, restrained, violence not only in self - defence but also to convince the aggressive vicious few that 'it rarely pays to be violent.'

LAW ANIMATED WORLD NOVEMBER 2007 October Revolution Special issue

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HAPPY NEW YEAR

WE WISH ALL OUR READERS AND VIEWERS A VERY HAPPY AND PROSPEROUS NEW YEAR!

LAW ANIMATED WORLD 31-10-2007

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