Missile Man and former People’s President Dr. APJ Abdul Kalam addressing the Nation on the eve of his demitting the office of the President of India from Rashtrapati Bhavan on July 24, 2007.
Today is Missile man’s day! Yes, we are talking about former People’s President of India and not political President (Dr APJ Abdul Kalam) — a man of many shades — an accomplished scientist, father of Missile Technology of India, an ardent propagator of humanity and communal harmony, a complete and pure Indian by heart and soul, a spiritual connoisseur, a voice of underprivileged, a symbol of honesty, a scientific-philosopher and most importantly a legendary patriot of his type, setting a new paradigm of patriotism and nationalism.
Let’s pay homage to him in his enunciation and acquired philosophies based on the travails he faced in his life. His philosophy was not any plagiarism like so many so-called great Indians did to achieve the feat of greatness. He softly said, “Excellence is a continuous process and not an accident.” He didn’t derive this statement from any book, but it was his personal experience through trials and tribulations of life. His grit and determination speak volumes more in his work than his speech. He believed in what he asserted later, acted wholeheartedly and delivered the optimum, the best. His optimism was ‘Universal’ that’s why he said, “Look at the sky. We are not alone. The whole universe is friendly to us and conspires only to those who dream and work.”
His observation about life is somewhat different as he asserted, “Life is a difficult game. You can win it only by retaining your birthright to be a person.” He did emphasise being a person, means a person of character, quality and courage with the ability to script newer avenues beyond the stereotype, putting every odd aside coming in your path of being a man. He further says, “Man needs his difficulties because they are necessary to enjoy success.” The silent message of his quote is that life is not a bed of roses, and if it turns – a bed of roses, then you won’t be able to relish the gem of success. Life is real and earnest, meant to do everything worthwhile.
He said, “If a country is to be corruption free and become a nation of beautiful minds, I strongly feel there are three key societal members who can make a difference. They are the father, the mother and the teacher.” Making a nation as per his belief is an integrative exercise wherein everyone is a stakeholder of this life-long project. It’s cumulative and customised in numerous ways like the members of family and society have to play their respective roles, and contribute beyond their capabilities to make an ideal nation. Hence, the onus falls upon father, mother and teacher — this is a worthy message for the trio.
The current crises our country is facing are before us whether it’s economic or cultural. Indian economy in its dire state is not anyone’s surprise, swinging towards vulnerability and hate crimes destined towards a particular community is no way going to help India achieve the goal of economic prosperity and preserve the civilisational heritage. The current state is leaving nothing but a blot on the very identity of India, for which he put his sweat and blood. His thought “We will be remembered only if we give to our younger generation a prosperous and safe India, resulting out of economic prosperity coupled with civilisational heritage”, bears near semblance of the current deplorable state of the country.
The dwindling values in the educational system of India cut a sorry figure as it has become more a commercial activity rather than a tool of man-making and nation-building. Look at his take on education: “Educationists should build the capacities of the spirit of inquiry, creativity, entrepreneurial and moral leadership among students and become their role model”, it is an eye-opener if we think, retrospect and introspect in the real sense of the term. Recently, flabbergasting news got viral a couple of days after we celebrated Mahatma Gandhi’s 150th birth anniversary in his home state – Gujarat when there was a question in Gujarat state school examination: “Why did Mahatma Gandhi commit suicide”? Did Mahatma Gandhi commit suicide or shot dead? Isn’t it the distortion of the history of our great men?
Words are tiny to describe the importance, agility and vitality of a mother in an individual’s life and his/her every success at every sphere. Mother’s sacrifice for her children is universal. But hearing in Kalam Sb’s word would be spicing up the veracity of the fact, making the belief of a common man steelier and will convey an invigorating message to those who dishonour their mothers. Besides being a world-renowned scientist, an educationist, a motivational speaker, a philanthropist and a true patriot who squarely deserves Bharat Ratna, he was a die-hard follower of his mother like an innocent child who did never forget her fathomless motherly affection. Remembering his child days — the period of his struggle and poverty, he has written a poem with the title “Mother” in his book “Wings of Fire”.
Mother “I still remember the day when I was ten, Sleeping on your lap to the envy of my elder brothers and sisters. It was full moon night, my world only you knew Mother! My Mother! When at midnight, I woke with tears falling on my knee You knew the pain of your child, My Mother. Your caring hands, tenderly removing the pain Your love, your care, your faith gave me strength, To face the world without fear and with His strength. We will meet again on the great Judgment Day. My Mother!
He further elaborates: This is the story of my mother who lived ninety-three years, a woman of love, a woman of kindness and above all a woman of divine nature. My mother performed Namaz five times every day. During Namaz, my mother always looked angelic. Every time I saw her during Namaz I was inspired and moved.
Dr Kalam characterises a couplet which Dr Iqbal wrote for all the ages and for the person like him:
हज़ारों साल नरगिस अपनी बेनूरी पे रोती है
बड़ी मुश्किल से होता है चमन में दीदावर पैदा
Transliteration: (“Nargis, I am given to understand, is a rare beautiful flower that blooms once in many, many years. And even that flower has to mourn its woeful fate for thousands of years before an appreciator of its beauty is born.”)
Dr Kalam’s birthday reminds us, “Greatness is a blend of sagacity and tenaciousness, which doesn’t come to anyone overnight. It demands 3D’s: Diligence, Determination and Dedication”. And the role-model of 21st century Dr Kalam was a construct of all these to be essentially great. He was an epitome of sacrifice, who acquired greatness by his firm resolve and Himalayan commitment. He started his journey on the earth as a ‘MAN’ and ended it as a ‘GREAT MAN’ by starting his heavenly abode.
One of his enlightening quotes: “Let us sacrifice our today so that our children can have a better tomorrow” unfolds multiple layers in its genesis, establishing its relevance for us in myriad ways. Here ‘Sacrifice’ points towards making a ‘Knowledge Society’ that he envisioned; making the society of cooperation, love, solidarity and universal brotherhood. We need to sacrifice our trivial whim and pleasure and educate our children, garnishing them with moral values and the virtues of humanity and humility. Education is the only weapon left for us, which has the potential to rescue us with the plight of poverty and petulance, giving us the courage and conviction to fight the disparities and prejudices up against us.
Mournfully and resolutely, on the 88th Birthday anniversary of Dr Kalam, I extend my warmest homage to this great man of the millennium India has ever had, and take a pledge to enliven his dream that he cherished for India and the Indians of ‘Knowledge Society’. On this momentous occasion, I appeal the nation at large that the real tribute to Dr Kalam would be to work for realising his dream of making India a ‘Knowledge Society’ for which he worked till his last breath — if you remember, he was collapsed while delivering a motivational speech to the students of IIM Shillong and passed away the next day by a massive cardiac arrest. I wish to see Kalam’s rebirth in my lifetime!
Economic CrisisHate Crime…Identity CrisisIndia is passing through numerous crises. Economic crisis and marginalisation of largest minority in line with Nazism top the list. Constitution is used by the sleight of hand to accomplish the cherished dream of theocratic State.
Every country has her own history, topsy-turvy of her evolution, so has India. Starting from Pre-historic, Ancient age, the most civilised — Indus valley civilisation, Vedic age, Mauryan age, Gupta age, Pre-medieval age, Medieval age and the Modern age, which is further divided into Pre-independence & Post-independence ages.
Now we are in the post-independence age, which is ultra-modern age — 21st century — the 1st century of the third millennium. The first two decades of the 21st century has marked the acme of scientific developments, but our country is still in crisis! Doesn’t it sound surprising? Of course, it is! Let’s have an overview of the reasons why the country is in crisis?
Understanding Country (Nation)
A country (nation) is a union of many odds, diversities and complexities. It unifies disparate peoples; promotes cohesion in conflict-affected and fragile states, which are important tangible aspects of state-building and peace-building. Wherein, a legitimate political order needs to be based on some agreement about the boundaries of the political community, national priorities and collective identity. In addition, a shared over-arching identity can focus attention away from ethnic and sectarian identities that may have become the source of divisions in violent conflict. This leads to ideas of nationhood, thereby building a country (nation).
Moreover, we need to understand the nation in the light of Indian constitution, which defines: India, also known as Bharat, is a Union of States. It is a Sovereign, Socialist, Secular and Democratic Republic with a parliamentary system of government. The Republic is governed in accordance with the Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and implemented on 26th January 1950. The Constitution entitles a Parliamentary form of government which is federal in structure with certain unitary features.
The constitutional head of the Executive of the Union is the President. But the real executive power is vested in the Council of Ministers headed by the Prime Minister because the constitution provides the framework that the Council of Ministers led by Prime Minister, is to aid and advise the President, who exercises his/her functions in accordance with their advice. This way Prime Minister of India becomes the CEO of the country and the President — a mere titular head whose role is as significant as a rubber stamp.
As the real power vests with the Prime Minister, he takes every decision that eventually impacts the larger interests of the country. The right decision makes the country land in prosperity and sustainability, while the wrong decision plunges into crisis. And now, the country is doomed to face numerous crises. Let’s take a sneak peek objectively that how and why the country is in crisis and who are responsible for the existing and impending chaos.
NRC and CAB: Citizenship Crisis
Recently at a political rally in Kolkata, Union Home Minister Amit Shah asserted, “I want to assure all Hindu, Sikh, Jain, Buddhist and Christian refugees that you will not be forced to leave India by the Centre. Don’t believe rumours. Before National Register of Citizens (NRC), we will bring the Citizenship Amendment Bill (CAB), which will ensure these people get Indian citizenship.” What is the gist of this statement?
It’s quite clear. Simply, it’s nothing but the replication of what Hitler did in Germany with the Jews is being done with the Muslims in India. Shah & Company is all set to penalise the Muslims in every possible way shooting the bullet through the barrel of the constitution. He is talking about refugees and not Indians. Evidently, India will welcome any and every kind of refugee as long as they are not Muslim.
Of late, all this talk of refugees and immigrants is a sort of ‘Majoritarian’ politics at the anvil of ‘Authoritarianism’, which is an overarching strategy of the government to dividing the Indian people on the basis of religion. It’s a scare-mongering exercise and both-edged sword destined to the Muslims, making them feel insecure about their place and status in their own country, and simultaneously telling Hindus that this country really belongs to them, reassuring that they will never have to fear their citizenship.
If Amit Shah’s recent assertion in West Bengal was not a jumla, then the only people without the requisite documentation, who will actually face deportation once an NRC-type exercise is run across India — will be Muslims. This sort of nefarious politics is not only against the letter and spirit of the Constitution but also marks a potentially dangerous turn. This turn is bound to boost the morale of the Hindu-fanatics to perpetrate atrocities upon Muslims, making the mob-lynching-exercise – a holy act of cultural proportion.
The CAB amendment would also mean, in effect, that the NRC will have no impact on people other than Muslims because all others would qualify for Indian citizenship even if they are undocumented. The NRC, after the CAB, would, in operation, only require Muslim Indians to establish that they or their ancestors entered India lawfully. Other Indians may be mandated to produce documents, but even if they fail, they would qualify for citizenship.
The Supreme Court has already shifted the burden of proof to individuals to prove their citizenship based on documents such as of birth, land ownership or voting rights, which most impoverished and poorly lettered citizens find difficult to muster. To make matters worse, the home ministry under Shah has already notified the right of every state government, and even district magistrates, to establish Foreigners’ Tribunals, and for these tribunals to frame their own procedures and standards of proof.
The NRC & the CAB are terrifying tempests that threaten to swallow up India in the near future. The implementation will destroy in its wake this country as it was imagined and promised. Mayhem in Muslim society has surfaced deeply and everyone there is anxious about this impending upheaval. Doesn’t it attack India’s secular democratic constitution or the violation of the right to equality granted by Article 15 of the constitution?
Is it not a man-made calamity and whim-created identity crisis?
Dire state of Indian economy: Economic Crisis
The tailspin of the Indian economy is on the verge of stalling. The latest estimates for GDP show a slid for a fifth straight quarter to 5%, the slowest pace in more than six years. Abjectly, the mainstay of demand — private consumption spending — slumped to an 18-quarter low, with the expansion decelerating sharply to 3.1%, from 7.2% in the preceding quarter and 7.3% a year earlier. With demand for manufactured products ranging from cars and consumer durables to even biscuits having sharply diminished, manufacturing gross value added growth (GVA) growth plunged to an eight-quarter low of 0.6%. The RBI observed in its last monetary policy statement, consumer confidence gauged by its July survey has worsened appreciably, with 63.8% of respondents expecting unrestricted spending to stay at the same level or shrink a year ahead. Last year in June 2018, it was 37.3%.
The debilitating sales slump in the auto sector resulting in unemployment and a sweeping consolidation of public banks has created more than misery. At this juncture when all efforts should be directed towards getting the wheels of the economy moving, the government has chosen to shoot itself in the foot with an ill-conceived mega bank merger of public sector banks (PSBs). This will not only shrink the number of PSBs dramatically — from 18 as on date (27 in 2017) to a round dozen — but worse, will take PSBs eye off as one of the main stumbling blocks to economic revival — abysmally poor credit growth.
“The ongoing financial crisis in India is unprecedented. The entire economic situation had changed after implementation of initiatives like demonetisation, Goods and Service Tax and Insolvency and Bankruptcy Code. India has been facing such an economic downturn for the first time in 70 years, a liquidity crisis wherein lenders had stopped funding businesses, resulting in a situation where they had to survive on cash. In the post-independence period, nobody had faced this sort of situation where the entire financial system is under threat”, says NITI Aayog vice-chairman, Rajiv Kumar.
Isn’t it economic crisis? Doesn’t it put the country in crisis?
Abrogation of Article 370 & 35(A) in J&K: Constitutional Crisis
Recently, the shrewd turn of the government has indirectly amended Article 370 by amending Article 367, asserting that the Constituent Assembly shall mean the legislative assembly. What is the grey matter hidden over here in this amendment? It’s razor-sharp and tricky! How? The government can then argue that due to the operation of the President’s rule in the state, the role of the legislative assembly has devolved upon Parliament in New Delhi, which can recommend on behalf of the legislative assembly on account of the dissolution of the assembly.
This way, the government has completely ignored the well-established position in the law that whatever is not done pervasively can be accomplished indirectly. Constitutionality restricts to amend Article 370 without obtaining the consent of the people; one cannot indirectly amend it in the absence of their consent. But, you see, it has been already done!
Precisely, the government has changed the basic constitutional relationship of the people of J&K to the Republic of India without consulting them or their elected representatives. This casual disregard for Article 370 (3) and Article-3 is overwhelming treachery with our democracy and nothing short of legislative totalitarianism.
Federalism is the basic structure of the constitution and it means sharing of power between the Centre and states. Since the Kashmir assembly would have opposed bifurcation of the state into two UTs, we did not hold assembly elections along with Lok Sabha polls. Currently, the state is under President’s rule, and Parliament has exercised the powers of assembly. This means we have gone against the spirit of the Constitution and made it a plaything. Converting a well- functioning State into Union Territory is a rare constitutional exercise happening first time in India. The founding fathers of the Republic favoured a strong Centre, but they were also prudent in seeking the route of persuasion and accommodation towards linguistic and religious minorities in the interest of national integration.
Geographically and metaphorically, Jammu and Kashmir is the crown of secular India — a Muslim majority region in a Hindu majority country. Its people and leaders had chosen secular India over Islamic Pakistan, a fact that Islamists never reconciled with. But the territory has faced decades of brutal occupation, is now under strict martial law, with reports of torture and extralegal detention.
Constitutionalism is the anti-thesis of authoritarianism, which tries to limit the power of constitutional authorities through doctrines such as rule of law. It opposes to rule by law, ensures equality before the law, equal protection of laws to all and non-arbitrary exercise of power. But the sudden abrogation of Article 370, like the imposition of Emergency in 1975, is nothing short of the sad demise of constitutionalism.
Isn’t it a threat to the constitution and the created crisis, the country is up against?
Mob Lynching, Hate Crime against Muslim Minority: Identity Crisis
Mobs in India are lynching minorities. There’s been a series of violent attacks on minorities, especially Muslims. But the Hindu nationalist government is failing to forcefully condemn the violence. The attackers often accuse their victims of smuggling beef. Now, beef is illegal in many Indian states because cows are sacred to Hindus. Videos of these brutal beatings have gone viral on social media. But for the most parts, the attackers are not being punished.
According to Hate Crime Watch, crimes based on religious identity were in single digits until 2014, when they surged from nine in 2013 to 92 in 2018. Of the 291 incidents mentioned by the website, 152 occurred in Bharatiya Janata Party (BJP)-ruled States, 40 in Congress-ruled States and the rest in States ruled by regional parties or coalitions. Rarely, if ever, did bystanders attempt to stop the violence or police arrive on time to do so. In both studies, Uttar Pradesh topped the list of states with the largest number of hate crimes for the third year, followed by Gujarat, Rajasthan, Tamil Nadu and Bihar.
As per the data revealed from an authentic source, 86% of those dead in cow-coated violence since 2010 are Muslim. Of them, 97% of the attacks took place after 2014. Almost 122 incidents of cow-coated violence took place in India between 2014 and 2019.
Although lynching is not a new phenomenon, yet the meticulously designed and trending new-craft of lynching took an aggravated turn since 2014. And in 2015 when Mohammed Akhlaq was lynched in UP’s Dadri for allegedly storing and consuming beef in his house, it gathered scrupulous storm, setting a new plot for lynching as the Akhlaq’s assailants were acquitted followed by felicitation rather than bringing them to book.
Since then, there is no looking back as the brutality turned out experimental in every nook and corner of the country, strengthening the belief of the fanatics that whatever they did were righteous, spicing up the religious verve as the majoritarian society as well as the state machinery — whether it’s judiciary or executive — protected them like holy war crusaders.
That orchestrated mob-lynching paved the royal road to the ‘right-wing-lynch-squad’, boosting their morale to cling to communal sprawling and looking for a slide to making ‘lynching’ — an ethos of sorts and a routinely telecast ‘serial’ alike. In fact, the aftermath of mob-lynching persuaded the assailants that lynching was no longer a crime as it got a thematic approval from the ‘Social-Naxals’ as well as the ‘Governmental-Smugglers’, thereby invigorating them to conspire for these incidents consistently.
Regrettably, “Jai Sri Ram” has become a provocative ‘war-cry’ today that leads to law and order problems, and many lynchings take place in its name. It is shocking to see so much violence perpetrated in the name of religion! These are not the middle ages! The name of Ram is sacred to many in the majority community of India.
Hasn’t this situation created a crisis where the life of a Muslim is at stake?
Starting from 2015, the voice of dissent whether it is against the hyper-Hindutva or the fascist order has been crushed. Three eminent Maharashtrian rationalists, Narendra Dabholkar, Govind Pansare and MM Kalburgi have been shot dead for rejecting superstition in favour of reason, and Gauri Lankesh of Bengaluru for her independent views and her opposition to Hindutva.
Others have been threatened with death and forbidden to write. Writers are told don’t publish your book or we will burn it. Don’t exhibit your paintings or your exhibition will be destroyed. Filmmakers are told, ‘Change the dialogue in this scene and cut out the next scene. What is this?
The fundamental right of freedom of expression enshrined by the constitution under Article 19 is under threat. The people are dictated: do as you are told, or your life and your art are not safe. It seems that the questioning mind, the creative imagination, and freedom of expression have no place in the present political climate, and where there is no respect for freedom of thought or for democratic rights, writing becomes a risky activity.
The minorities and those who don’t support the Hindu Rashtra agenda have become targets for fanatics who roam the streets. Christian churches have been vandalized. Lynch mobs are openly attacking and killing Muslims on invented rumours. Historians are feeling the heat now that Indian history has been brought under state control. In some states, large chunks of the past have been distorted or done away with altogether.
History repeats itself as there has always been the case in authoritarian regimes all over the world where art is kept under state control and writers face punishment and persecution if they step out of line. The Russian authors Joseph Brodsky and Aleksandra Solzhenitsyn who was thrown in jail by the communist regime but later won Nobel Prize for literature.
Lately, an FIR was lodged against the 49 celebrities, including Ramchandra Guha, Mani Ratnam, Aparna Sen, Shyam Benegal, Anurag Kashyap, raising concern in July over the growing incidents of mob lynching. The lodged FIR consisted of several sections of the Indian Penal Code (IPC), including sedition. This is despite the Supreme Court’s stance that sedition charges cannot be invoked for criticism of the government. Supreme Court Justice Deepak Gupta also recently advocated the dilution – if not complete abolition – of the sedition law.
Is the country not in crisis where the freedom of expression is under threat?
Dissent against Totalitarianism Unnoticed: Voice Crisis
People across the spectrum have been dissenting ever since the manifestation of authoritarianism starting from 2015 to the current date. In 2015, a four-month drive was launched by a group of writers and film personalities against the growing incidents of communal violence and the Modi’s government’s inability to protect writers and intellectuals from the enemies of free speech.
Hindi writer-journalist, Uday Prakash, protesting against the murder on August 30, 2015, of Kannada writer-academic, MM Kalburgi was the first to return his award. This was followed by Nayantara Sahgal, eminent Indian English writer-intellectual, and Ashok Vajpeyi, Hindi poet and cultural administrator, both returned their awards. Almost 50 personalities, of whom, nearly 40 were Sahitya Akademi award-winners, returned their awards.
The award-returners protested against the attack on the freedom of expression, and most of them were in the opinion that the pro-Hindutva turn in Indian polity and culture post-2014, has been gaining ground exponentially. That’s why they thought to take a stand. Was award wapsi a hugely successful movement against intolerance or especially revolting crusade against a legitimately elected government? The answer perhaps lies in between.
Recently, within a month, two IAS officers — Kannan Gopinathan from Dadra & Nagar Haveli Cadre and S. Sasikanth Senthil from Karnataka Cadre — resigned showing their dissent against the repressive policies of the government.
On 21st August 2019, Kannan Gopinathan, a 2012 Batch (IAS) officer did put down his papers stating that one of the reasons behind quitting the job is the denial of “fundamental rights” to lakhs of people in Jammu & Kashmir after the special status was scrapped from the state. He further added that Article 370 or its abrogation is not the issue, but denying citizens their right to respond to it, is the main issue. They could welcome the move or protest it, that’s their right, but it has been denied forcefully violating the spirit of Articles 19 & 21 of the Indian Constitution — this disturbed me enough to resign. He also said, “Not that my resignation will cause anything even worth a flutter. But one has one’s own conscience to answer”.
On 6th Sept’ 2019, S. Sasikanth Senthil, a 2009 Batch (IAS) officer resigned stating that it would be “unethical” on his part to continue in service “when the fundamental building blocks of our diverse democracy is being compromised in an unprecedented manner.” He further added, “I also feel strongly that the coming days will present extremely difficult challenges to the basic fabric of our nation and that I would be better off outside the IAS to continue my work at making life better for all. It simply cannot be business as usual anymore.” He said the decision was purely a personal one and was in no way connected to anyone or any event during his current stint.
On 9th Jan’ 2019, Shah Faesal, a 2009 Batch (IAS) Topper resigned from the government services, citing “marginalization and invisiblisation of around 200 million Indian Muslims at the hands of Hindutva”as a reason. He asserted, “To protest against the unabated killings in Kashmir, and lack of any sincere reach-out from the Union Government; the marginalisation and invisiblisation of around 200 million Indian Muslims at the hands of Hindutva forces reducing them to second-class citizens; insidious attacks on the special identity of the J&K State and growing culture of intolerance and hate in mainland India in the name of hyper-nationalism, I have decided to resign from Indian Administrative Service”. He further added, “The current regime’s subversion of public institutions such as RBI, CBI and NIA has the potential to decimate the constitutional edifice of this country and it needs to be stopped. I wish to reiterate that voices of reason in this country cannot be muzzled for long and the environment of siege will need to end if we wish to usher in true democracy”.
What does this dissent show from across the spectrum? Do these situations not conform to India (Country) in crisis?
The challenge to secular, democratic, and pluralist India has come to the fore after the landslide victory of Modi-II, acquiring a renewed and stronger mandate and is actively consolidating its power at the Centre. Now it’s quite obvious that this new dispensation is armed with an ideology and a socio-political programme that is at odds with what we have been accustomed to for most of India’s post-independent period. It’s remarkable that when the RSS supremo proclaims that India is a ‘Hindu nation’ and ‘Hindutva’ is its identity, he is simply bringing a blow at the secular concept of Indian citizenship and at the Constitution itself.
Spraying anti-Muslim venom into society on one hand, and advocating the value of ‘positive secularism’ on the other, it has become a new trend today to decry secularism as “a tired, formulaic, hack concept”. Similarly, the law of sedition, (124A of the IPC), and illiberal provisions of the IPC like section 153A, and the Unlawful Activities (Prevention) Act, and other draconian laws were being invoked in the name of fighting terrorism. Legitimising Hindutva, pushing the validity of majoritarianism as an imperative of electoral democracy and calling for an authoritarian ‘national unity’ and ‘patriotism’ on the deeply divisive and reactionary basis is what pseudo-nationalism seeks to achieve for the communalists.
Now the freedom of the press and the freedom of speech and expression in India today are under threat. Besides journalists, ordinary citizens too found the fundamental right to freedom of speech and expression diminished and constrained by a climate of fear and intimidation. Everyone knows, a total information blackout and Internet shutdown was imposed in flagrant violation of Article 19 of the Constitution on the entire population of the former State of Jammu & Kashmir for a prolonged period, without the government even bothering to offer a serious explanation as to why such extreme measures were called for.
What quantum of extremes should be there to declare India (Country) in crisis?
Disrupting Communal Harmony…Injuring the Soul of Father of Nation Mahatma Gandhi @ 150 Birth Anniversary: Cultural Crisis
Mahatma Gandhi firmly believed in the idea of communal harmony, secular nationalism and unity of the country. He was deeply committed to Indian Pluralism and human rights and individual dignity. He was also aware and appreciative of the contribution to Indian culture by all communities, particularly of Muslims. He believed in tolerance and acceptance of all religions within the Indian national framework. A modern nation-state, he knew, could not be built on intolerance towards others and by excluding them. Nationhood cannot be based on religion. It will only lead to intolerance, hatred and violence. He opposed ‘Religious Nationalism’ as he believed it does lead to fascistic tendencies.
The communalists are hate mongers on one hand, and champions of their vested interests on the other. It is also important to note that communalists cannot be democrats either. They do not believe in democratic dissent. Anyone who disagrees is a traitor to the ’cause’. Majoritarian thinking, which is contrary to the idea of democracy, is dominating and the minds of people have been communalised, as never before in the history of the country. Communal politics has brought out the worst in us. Presently, Communal harmony and democracy in India are facing a grave threat. It seems the demise of democracy, with all voices of dissent, are being stifled.
The RSS, with its agenda of nationalism was not the country’s enemy but its ideology of dividing India into communal lines has posed a serious threat. Although the NDA government had taken several regressive steps like demonetisation and GST, which had slowed the country’s growth, yet its communal agenda is the most dangerous to — communal harmony in India. Sadly, the promotion of hate-culture in politically compartmentalised climate is disrupting our age-old communal harmony.
Our country is a country of bewildering diversity and the Gandhian concepts of truth, non-violence and tolerance is highly necessary to maintain this diversity. Today our unity is in great danger like never before and as true Gandhians and patriots it is our fundamental duty to not only preserve but strengthen this diversity and save the country from violence and hatred, on one hand, and from likely disintegration, on the other.
This is nothing short of a cultural-crisis our country is facing now.
Takeaways from the Current Crises
Knowingly, our founding fathers had the wisdom to declare India a secular democratic republic, not because they were against religion but because they understood that in our deeply religious country of many religions, only a secular state would provide an overall umbrella of neutrality under which every Indian would have the right to live and worship. The Constituent Assembly, which carved out the Constitution, had a majority of Hindu members but they drew up the Constitution, which gave liberty, equality and fraternity to all Indians.
Rather than choosing Hindu Rashtra, our founding fathers chose a secular and democratic structure to safeguard the spirit of the salient feature of ‘Unity in diversity’. Unfortunately, the model they adopted is under threat now. Our freedoms are in danger; and it is affecting every surface of our lives: what we eat, whom we marry, what we think and what we write, and, of course, how we worship. Today we have a situation where diversity and opposition to the ruling ideology are under fierce attack. Is this the same India that Rabindranath Tagore envisioned via his poem?
‘Where the mind is without fear and the head is held high’
The politics of hate-mongering and the marginalisation of the largest minority of India will not only affect them alone but also the nation at large. Nobody would be able to escape from its unconscious affect. The current state of affair reminds me of the popular couplet of one of the noted Indian poets – Rahat Indori:
This is a time to take a clarion call by the majority community to debar the hate-crime, step forward to restore the communal harmony and ask the question with the establishment of creating employment and how to ride out the storm of the economic slowdown. Nation comes first over anything else. Our country is passing through numerous crises. What we need as a nation is to think beyond narrow confines and come-forward to protest as we did in 2012 with the slogan — India against corruption. This time, we can usher in with the slogan:
Male Infertility: A social-taboo asking a lot of questions in the wake of its rising incidence.
Two friends – Naveen Ahuja and Moqeem Kareem are in conversation while puffing…
Moqeem:Hey Naveen, what is this male infertility? Nowadays, we find people discussing. Yesterday, while coming out from canteen, I overheard one of our colleagues talking to her friend about the infertility of her husband. She is very much worried as she hasn’t been blessed with a baby seven years after her marriage.
Naveen:Yes, this issue is gaining ground as last week I also read an article in the newspaper about male infertility. It covered this pressing issue widely, pertaining to an array of factors responsible for it, presenting some startling facts as well. Actually, male infertility is a taboo in our society, but its incidence has been escalated over the decade globally. The sperm count has been in a free fall. It’s worrisome.
Some findings reveal that the incidence of infertility affects an estimated 15% of couples globally, amounting to 48.5 million couples wherein males are found to be solely responsible for 20-30% of infertility cases and contribute to 50% of cases overall. Sperm counts have been in a free fall in western countries over the last 10 years.
Infertility, in general parlance, is a condition when couples are unable to conceive a child, even though they have had frequent, unprotected sexual intercourse for a year or longer. Up to 15 per cent of couples are infertile. In over a third of these couples, male infertility plays a role. In male infertility, there is erectile dysfunction, low sperm production, abnormal sperm function or blockages that prevent the delivery of sperm. Illnesses, injuries, hormonal imbalances, chronic health problems, lifestyle choices and other factors can play a role in causing male infertility. The semen analysis is one of the main tests to evaluate the male partner.
Moqeem:Oh! Now, I am able to connect that infertility case of my neighbour. Actually, one case of male infertility has come to the light recently. My neighbour Asim is 32-year-old, who got married to Salma five years ago with no issue yet, consequently Salma has been consistently ridiculed by her in-laws for her inability to conceive a child. They took her to multiple Ayurveda centres but nothing helped. A visit to the gynaecologist and a couple of tests later, she got the rude shock that the real reason behind her failed attempts to conceive was actually her husband—Asim.
Naveen:In fact, gone are the days when talking about male infertility seemed to be a taboo, but now in the face of advancement in medical science, the reality is being revealed. Infertility is most often seen as a woman’s issue and it is they who bear the brunt of not bearing a child. But according to a recent report by the WHO on the status of infertility in India, of all infertility cases, approximately 50% is due to “male infertility”, owing to various reproductive anomalies in the male.
Moqeem:You have handful of information about male infertility in general, which I didn’t expect that much from you. You are very informative. Do you have an account in Indian context? Please elaborate!
Naveen:The incidence in India is no less than the global rate. Let’s see through the data and the survey report that will give the better overview.
Male Infertility in India
The fertility rate of Indians (measured as the number of children born to a woman), has plummeted by more than 50 percent, from 4.97 during the 1975-80 period to 2.3 for the current period of 2015-20. By 2025-30, the report projects, the rate will nosedive further to 2.1, touching 1.86 from 2045-50 and 1.78 from 2095-2100, reveals the World Population Prospects – 2017 Revision Report.
Latest statistics reveal that male infertility in India is very high. It generally occurs due to low production and motility of sperm, abnormal shape of sperm or complete absence of it. A group of Indian scientists have also found underlying genetic factors for infertility in Indian men. They hope this knowledge could help them develop a genetic test for male infertility in near the future.
The AIIMS doctors have reported that over 12–18 million couples in India are diagnosed with infertility every year. They have reported that while the sperm count of a normal Indian adult male used to be 60 million/ml three decades ago, it now stands at around 20 million/ml.
Moqeem: The data seems correct because lately when Asim-Salma visited their consultant gynaecologist, she said that it is observed that male infertility factor is the primary reason for the inability to conceive in your case. The incidence is specially high between the age group of 29 and 35. They either have a combination of low sperm concentration or poor sperm motility, or abnormal morphology. However, due to social stigma, male fertility problems are considered secondary and most often go undiagnosed and untreated.
Naveen:Actually, there are so many reasons behind the rising incidence of male infertility. Earlier, it was perceived that this is only found in women, but now the share has reached almost 50%. The reasons and its remedial measures listed by the physicians so far are as follows:
Reasons behind Male Infertility
Unhealthy lifestyle
Lack of physical activity
High-pressure jobs
Pollution
Poor diet
Alcohol consumption and smoking
Tobacco use affects spermatogenesis causing low sperm count
Unhealthy lifestyle
Using certain illicit drugs
Being overweight
Having certain past or present infections
Being exposed to toxins
Overheating the testicles
Having experienced trauma to the testicles
Having a prior vasectomy or major abdominal or pelvic surgery
Being born with a fertility disorder or having a blood relative with a fertility disorder
Certain medications
The primary causes of male infertility include low sperm production, abnormal sperm function, or blockages that prevent the delivery of sperm. But while these issues are sometimes the result of underlying health problems, they can also be caused by certain lifestyle factors. One recent study even suggests that the type of job a man has can significantly impact his chances of conceiving with a partner.
In the same study, the researchers found that 13 per cent of the men with physically demanding jobs had low sperm counts. In contrast, only 6 percent of men who did not perform such strenuous work had lower semen concentrations. The researchers were able to demonstrate that the physical demands of the job were what mattered: Other work factors like late-night shifts, heat, noise, or prolonged sitting were not associated with semen quality.
The same study reveals that diet and lifestyle are much more likely to be contributory factors than environmental chemicals such as pesticides, plastics and hormones in the water, because of the evidence that they could induce such striking effects at low levels of exposure is unconvincing.
There is a chance that women might ultimately be behind the sudden drop in sperm count, because of the rates of maternal smoking and the use of painkillers during pregnancy, and the reduced sperm counts of sons in adulthood.
A baby boy’s testes are formed during the first trimester when many women don’t know they’re pregnant, and the period immediately after their formation is critical for the production of testosterone. What we are seeing now could be the expression of a generational problem: the fact that, since the 1970s, women are more likely than ever to smoke and take over-the-counter painkillers.
Remedial Measures…
Often, the exact cause of infertility is not identified. Even if an exact cause isn’t clear, the doctor might be able to recommend treatments or procedures that will result in conception. In cases of infertility, the female partner also is recommended to be checked. This can help to determine if she will require any specific treatments or if proceeding with assisted reproductive techniques is appropriate. Treatments for male infertility include:
Surgery
Treating infections
Treatments for sexual intercourse problems
Hormone treatments and medications
Assisted reproductive technology (ART)
In case the above-mentioned methods fail, and it’s impossible for a man to father a child. One can adopt lifestyle changes and home remedies. The following steps might be effective towards the restoration of male fertility.
Increase the frequency of sex
Have sex when fertilization is possible
Avoid the use of lubricants
Practice stress-reduction techniques
Consider going to counselling
Express yourself
Stay in touch with loved ones
Some Interesting Facts about Male Infertility
Sexually Transmitted Diseases (STD’s) are a major cause of fertility problems
Presence of Aluminum may affect swimmers, reducing the sperm count
Higher temperature affects male fertility
Male fertility decreases with age in a subtle way
Vegetarians and vegans might have poorer sperm
Smoking badly hurts male fertility
Obesity heavily affects male fertility
The heat releases from Laptop affects the sperm badly
A loss of smell can be a sign of infertility
Depression or emotional stress can impair a man’s fertility
Mob-lynched Tabrez Ansari won’t get justice as murder charge against 11 accused dropped from the police charge-sheet. The police find it a culpable homicide. It’s indeed a deliberate executive prejudice against Muslim minority!
Pogroms, communal strife and massacre have been cultural blots in the garb of reflex action ever since independence because these are ingrained in the bedrock of divided India. But lately, the emergence of ‘spontaneous-mob-lynching’ with a tinge of pride-pouring Hindutva superseded by the enlightened spirit to safeguard its sanctity is, of late, anew craft in the attire of democratic subversion, scripting unveiled snarls. The ‘new-lynching-normal’ of the trivial kind in ceaseless series conceived in the last five years might be a subtle attempt to let the people feel the sought-after-transition of India from a ‘Secular State’ to a ‘Theocratic State’.
What we can call this new dispensation? It’s armed with an ideology and a socio-political programme that are diverse with what we have been accustomed to for most of India’s independent career. It is important to realise that a silent proclamation that India is a ‘Hindu nation’ and ‘Hindutva’ is its identity — strikes a massive blow at the secular concept of Indian citizenship and at the Constitution itself.
Needless to say that the spraying of anti-Muslim venom into society, which has resulted in the formation of lynch-culture, the over-enthusiastic fanatic crusaders are pretty confident to desert and decry secularism — tattooing it — ‘an outdated, formulaic and hack concept’ — presuming to replace it with trending Hindutva.
Observably, functional Hindutva, steering the legitimacy of majoritarianism as an imperative of electoral democracy and calling for an authoritarian ‘National Unity’ and ‘Patriotism’ on this divisive and reactionary basis is what ‘Pseudo-Nationalism’ seeks to achieve for the communalists. Moreover, this experiment is all set to carve out a barren plain for ‘Real-Nationalism’ undermining the edifice of age-old communal harmony in tandem.
Trending Melodrama of Muslim’s Mob-Lynching
As per the data revealed from an authentic source, 86% of those dead in cow-coated violence since 2010 are Muslim. Of them, 97% of the attacks took place after 2014. Almost 122 incidents of cow-coated violence took place in India between 2014 and 2019.
Although lynching is not a new phenomenon, yet the meticulously designed and trending new-craft of lynching took an aggravated turn since 2014. And in 2015 when Mohammed Akhlaq was lynched in UP’s Dadri for allegedly storing and consuming beef in his house, it gathered scrupulous storm, setting a new plot for lynching as the Akhlaq’s assailants were acquitted followed by felicitation rather than bringing them to book.
Since then, there is no looking back as the brutality turned out experimental in every nook and corner of the country, strengthening the belief of the fanatics that whatever they did were righteous, spicing up the religious verve as the majoritarian society as well as the state machinery — whether it’s judiciary or executive — protected them like holy war crusaders.
That orchestrated mob-lynching paved the royal road to the ‘right-wing-lynch-squad’, boosting their morale to cling to communal sprawling and looking for a slide to making ‘lynching’ — an ethos of sorts and a routinely telecast ‘serial’ alike. In fact, the aftermath of mob-lynching persuaded the assailants that lynching was no longer a crime as it got a thematic approval from the ‘Social-Naxals’ as well as the ‘Governmental-Smugglers’, thereby invigorating them to conspire for these incidents consistently.
Now look at the chronology of lynching since 2014.
Year
Lynching
2014
· Incidents of lynching and thrashing occurred in the states of Karnataka, Delhi, Haryana and Gujarat by chanting the magical slogan — “Jai Shri Ram”.
2015
· Md. Akhlaq lynched while Anaf, Arif and Nazim, from Kaimrala village of Dadri were beaten; Noman from Saharanpur, UP was beaten to death.
· Abdul Ghaffar Qureshi was thrashed; 2 beaten in MP, one in Haryana and one in J&K over cow vigilantism.
2016
· Md. Mazlum Ansari and his 15-year-old son — buffalo herders were found hanging from a tree in Jharkhand.
· Muslim couple thrashed for objecting their bags being searched for beef in MP.
· Bajrang Dal convenor and a Gau Rakshak shot at by alleged beef smugglers.
· Cow vigilantes thrashed two men on Eid in Haryana.
· Five men assaulted by Gau Rakshaks in Alwar; 1 dead in Rajasthan.
· Gau Rakshaks attacked Muslim family in Kashmir; beat a nine-year-old girl with the iron rods.
2017
· Man stabbed to death, 3 others thrashed over beef-eating rumours in Haryana.
· 3 lynched in WB over alleged cow theft. One brutally assaulted for ‘carrying beef’ in Maharashtra.
· Two men lynched by villagers, on suspicion of being cattle thieves in WB.
· Pehlu Khan, a dairy farmer lynched by a mob of 200 alleged cow vigilantes in Alwar, Rajasthan. Six other people were also beaten up by the mob.
· Two youths, Abu Halifa and Aiyazuddin Ali, were publicly lynched in Assam.
· An adolescent Junaid was stabbed to death and another sustained injuries after a mob attacked them in a train near Haryana’s district of Faridabad. They were returning home to a village near Ballabgarh in Haryana after shopping for Eid at Jama Masjid in Delhi. For three and a half hours, they were abused, humiliated and assaulted by a mob of 15- 20 people that passed communal remarks and accused them of carrying beef in a bag.
2018
· Mob in Alwar, Rajasthan killed a man on suspicion of cow smuggling.
· Muslim youth lynched on suspicion of stealing buffalo; Violence in Bulandshahr, UP over cow slaughter where two killed.
· Cow vigilantes in Gujarat stopped a truck carrying buffalo calves, stabbed one person in Gujarat.
· A man was beaten to death by a mob over alleged cattle theft in Araria, Bihar.
2019
· Man transporting buffalo, tied to a pole, beaten and chained by Police in Haryana.
· Recently, Tabrez Ansari was brutally murdered by lynch mob in Jharkhand. Ironically, the police have dropped the accusation of murder in the charge-sheet.
Tabrez Ansari’s Recent Lynching and Police Charge-Sheet
Surprisingly, the Jharkhand police have diluted the charges of the assailants by writing down that the 11 men arrested for Tabrez lynching, which was a culpable homicide that does not amount to murder. Doesn’t it sound strange that those who labelled Ansari a thief tied him to a pole and assaulted him for hours at night are not going to be prosecuted for his murder? Whether the police are going to include accounts, which claim that he was forced to chant ‘Jai Shri Ram’ or not, is unrevealed.
Doesn’t it establish a clear sectarian motive on the part of the crowd to turn into a lynch mob and attack him? Then, how the police have chosen to prosecute them for culpable homicide? What does it show? Is the causal link between the assault on the person and his death has been established? There is a volley of questions revolving around this brutal murder, which has been transmogrified to homicide.
Notwithstanding, the line between culpable homicide and murder is thin, yet it is the jurisdiction of courts to establish, but, here the police have given its report, which seems like a judicial verdict in the format of charge-sheet. Murder is punishable under Section-302 with death or life imprisonment, while forms of culpable homicide attract either a life term or 10 years in prison under Section-304 of the IPC.
Let aside the Police findings. Isn’t it obvious that merely attributing death to a heart attack is meaningless without referring to the trauma caused by physical assault? The narrative in recent lynching incidents that it was the victim who was at fault may come in for needless reiteration unless the prosecution resolutely makes a case of murder. The suspicion that the charge is being diluted underscores the need to legislate a special anti-lynching law like the UAPA.
Such a law could cover acts of group violence, whether spontaneous or planned so that those who join lynch mobs do not gain from any ambiguity about their intentions. But this seems a utopian dream at least in the current scenario where the prism of review sets on the launch pad of the individual’s whim. By and large, nothing can happen towards the restoration of communal harmony unless the camouflaged social-political hypocrisy is exposed.
The police charge-sheet tried to justify the mob crime by charging Ansari with the “intention” of stealing. They ignored the evidence on a video of this being a religious hate crime. Ansari’s uncle, who went to the lynching site in the morning, records in his statement that he heard a member of the mob shout, “Beat him so much that he dies”. And it happened. Eventually, he was beaten to death with the same intensity — an apparent fact that even the flora & fauna, sky and the blowing wind of that region witness.
Surprisingly, the paradox of the police charge-sheet and the deliberate attempt of manipulation indicate the prevalence of ‘Fascism-Fusion’, reminding me of one of the assertions of Adolf Hitler: “The receptivity of the masses is very limited, their intelligence is small, but their power of forgetting is enormous. In consequence of these facts, all effective propaganda must be limited to a very few points and must harp on these in slogans until the last member of the public understands what you want him to understand by your slogan.” Here ‘Jai Sri Ram’ – a credulous buzz word – driving the ‘Subliminal-Slogan’.
In the troubled times, can we hope the upkeep of our age-old unity in diversity when the Vedantic tradition of once tolerant Hindutva is undermining the secular stature of the country and bulldozing all other traditions under the juggernaut of ‘Jai Sri Ram’? Is there anything left that might uphold the liberal values of Hinduism and maintains the communal harmony of the country?
I, being an Indian am a bit confused! Is the divine slogan — ‘Jai Sri Ram’ bears the brand of ‘New India’ — unfolding the trio-manifesto of the government in power — Sabka Sath, Sabka Vikash, Sabka Vishwash or ‘Bharat Mata Ki Jai’ or ‘Vande Matram’? What should a common man perceive in secular Indian where the Muslim minority is brutally murdered routinely for not chanting the magical ‘Jai Sri Ram’? Such questions are innumerable to ask with the state! However, answers available with the state are either negligible or ineligible! Let’s hope for the BEST, but simultaneously be prepared for the WORST!
The government has resorted a deceitful way with the rule of law to meet the highly nurtured goal of ending “one country, two Constitutions, two flags.”
The bubbles of the hullabaloo created after the abrogation of Article 370 and the government’s actions taken in Jammu and Kashmir are still swimming on the surface as it has triggered the rage towards the internationalisation of Kashmir. The house arrest and trivial detention of so many leaders and the civic restrictions has stirred a hornets’ nest. Voices are being raised from across the world against the actions taken by the government in J&K, post-annulment of special status, and the issue is doing the rounds in the UN and in the other countries.
Speculatively, the consequences of the government’s actions might be appalling to tourism, to the economy, to national security and to India’s international standing. But, shockingly, the government’s stand is glorifying.
Observably, the public, which has warmly welcomed the stance of the government, has in fact been wilfully misled about the process, and that the government has successfully eluded the issue tactfully of its own legal sleight of hand to meet its larger partisan ends under the garb of the uniformity of states. The government has outgone in legislative subterfuge to achieving its objective of ending “one country, two constitutions, and two flags”.
Article-370: Fact File…
Article 370 was conceived as a temporary measure until the Constituent Assembly of Jammu and Kashmir was formed, and it was left to the Constituent Assembly of J&K to determine the constitutional relationship between India and the state. It is because of the primacy in such matters lies with the people of J&K, that Article 370 (3) states that Article 370 can only cease to exist through a Presidential order after obtaining the recommendation of the Constituent Assembly of J&K to end the operation of the article.
The Constituent Assembly of J&K enacted the Constitution of J&K, whose Article 147 (c) places a bar on the legislative assembly from affecting the constitutional relationship with India, as provided in the Constitution of India. So, they accepted Article 370 as the permanent constitutional relationship between the Union and the State, an interpretation upheld in successive Supreme Court judgments.
The permission of the people of J&K through an elected body is a condition precedent to interfere with its special status under Article 370. Clause 3 of Article 370 makes it clear that you cannot amend the article without the recommendation of the Constituent Assembly.
Government Outwitted Legalities
There is a shrewd turn of the government, which has indirectly amended Article 370 by amending Article 367, asserting that the Constituent Assembly shall mean the legislative assembly. What is the grey matter hidden over here in this amendment? It’s razor-sharp and tricky! How? The government can then argue that due to the operation of the President’s rule in the state, the role of the legislative assembly has devolved upon Parliament in New Delhi, which can recommend on behalf of the legislative assembly on account of the dissolution of the assembly.
This way the government has completely ignored the well-established position in law that whatever is not done pervasively can be accomplished indirectly. Constitutionality restricts to amend Article 370 without obtaining the consent of the people; one cannot indirectly amend it in the absence of their consent. But, you see, it has been already done!
The Supreme Court has recognised that while something can be formally legal, the substance of it can be a fraud on the Constitution. There is a possibility to argue from this set of facts that this entire exercise is a fraud on the Constitution of India and a betrayal of the promise our founders made to the people of J&K. It’s eccentric indeed!
Another important point to be taken into account is that the government also claims that the concurrence of the government of the state of Jammu and Kashmir has been received. However, J&K has been under President’s rule for many months now. So, the consent of the state is that of the governor, who is in fact the appointee and representative of the Centre. We can say in other words that the Centre has taken its own consent via governor to fulfil its agenda. The government knows that it’s very hard and lingering to get the consent of Kashmiris for this cause. So, it chose the royal road to butter its bread smoothly.
Succinctly, President’s rule is a temporary mechanism, meant for situations in which there is a breakdown of constitutional machinery and meant to cover exigencies that may arise during the period before fresh elections are held and a new assembly constituted. Yet, permanent measures are now being taken under the cover of President’s rule – in the absence of a state government and a legislative assembly, the Central Govt. is using its powers to split the state and downgrade it into a union territory.
The centre has completely ignored the letter and spirit of Article-3 of Indian Constitution, which requires the government to consult the state assembly on such matters. Again, the claim is that since Parliament is, for all practical purposes, “the legislature”, the legislature is being consulted. However, the spirit of Article-3 was clearly intended to involve consultation with the elected legislature of J&K, who represent the people of that state. The government might yet be able to persuade the Supreme Court that they have adhered to the letter of the law, but its action has deceived the spirit of the Constitution.
Worrying Move
Precisely, the government has changed the basic constitutional relationship of the people of J&K to the Republic of India without consulting them or their elected representatives. This casual disregard for Article 370 (3) and Article-3 is overwhelming treachery with our democracy and nothing short of legislative totalitarianism.
The concurrence of the state of Jammu and Kashmir has been obtained, when it is under President’s rule; by translating “State” to mean the Governor they themselves have appointed, and by interpreting “legislature” to mean Parliament in New Delhi rather than the body elected to represent the views of the people of J&K, our government has acted in absolute contempt of the people of the state and of the value of democratic decorum that is meant to add flesh and blood to our political culture.
Ironically, the masses in general unaware of the complexities and the outwitting loopholes of the constitutionality have warmly applauded the ‘bold’, the historic national step taken by their popular leader. However, for a functional democracy, this must not be the precedent, as it’s threatening and upsetting in its spirit. This sort of legislative exercise similar to leaking the faith and confidence of the founding fathers of the Indian constitution, who were also our forefathers, envisioned a new India.
This move simply tarnish the spirit of our constitution, however, this is not entirely a new practice as the previous governments have also amended so many undesirables in the event of the major mandate. History repeats itself: whenever there is an absolute majority in the parliament, such authoritarian decisions are taken under the umbrella of the constitution, though by stratagem! Let’s look forward to bringing solace to the bewailing hearts of the architect of the Indian constitution.
Defiance of Triple Talaq Bill Pointing Politically Driven — Not Safeguarding Real Interest of Women.
Triple Talaq: A Conventional Perspective
Amidst the pretentious opposition of the opposition & the proposition lawmakers and a usual hullabaloo, the highly politicised Triple Talaq Bill turned out the law, making the husband criminal if he wishes to dissolve the troubled marriage. As per the spirit of Qur’an – Talaq is the most incongruous phrase amongst all the approved phrases.
It turns out a curse to a happy family, but simultaneously it’s a boon for those whose life becomes hell – either wife or husband. It’s a legitimate means provided by Islamic Sharia and the Holy Qur’an to come out from a troubled marriage to lead another peaceful happy married life. But more often than not, it is misused for trivial reasons ignoring the real teachings of the Holy Qur’an and the Prophet Mohammad – founder of Islam.
Although a stringent law to curb its ugly upsurge – the way it was practised was very much required for long, yet criminalising it is nothing short of a political stroke. There is no logic behind criminalising it, and converting a husband even he is a ‘Good Samaritan’ into a legalised criminal at the spur of the moment only when he utters the three-word Talaq! Talaq! Talaq, even if he is in an angry mood!
As per Islamic Sharia and the Holy Qur’an, instant Triple Talaq in a one-go is not justifiable, more so if you are in anger, it’s absolutely null. However, cent per cent of cases of Talaq is the consequence of anger. Moreover, there is a systematic process of Talaq if the couple has decided not to accommodate together. Even after the couple’s decision, the husband is supposed to utter a Talaq, which serves as a warning for the wife to mend her ways and traits for which the scene of separation has been evinced. And wait for a month watching whether his wife mends herself or not, which is the cause of the discord.
If she is adamant not to mend her ways, again utter the 2nd Talaq and wait for another month. Still, she is found to be obdurate not to mend her ways – then utter the 3rd and the final Talaq to dissolve the marriage. However, if the wife gets counselled to mend herself, then the couple can continue to live happily together as they were living earlier and the Talaq would be revoked. In the long process, interlocutors from both sides are allowed to convince the couple not to dissolve the marriage.
Ideally, the majority do not follow the aforementioned algorithm to sustain or dissolve a marriage via Talaq or no Talaq. Moreover, no denying the fact that there has been a gross misuse of Talaq in our society since time immemorial, which needs to be plugged, and protection or economic security to the divorcee should be ensured. And the lawmakers should legislate to make it hard to part with rather than criminalising. The Supreme Court has already directed an outline for the legislation on this contentious social issue. However, her directive has been lost in political jugglery.
Judicial Take on Triple Talaq
The landmark judgement of Supreme Court on Triple Talaq in 2017 paved a transparent path for the lawmakers to make law in tandem with Islamic jurisprudence intending to curb the exploitation and oppression of women in the male-dominated society. And the resultant bill was: Muslim Women (Protection of Rights on Marriage) Bill, 2018, which was not in any way congruent to the purpose it conceived. The legislation that was supposed to ensure equality and protection of women’s rights, unfortunately, turned out to be a legal arsenal for detaining Muslim men and devouring the concern of the aggrieved women.
Now the bill has become law on passing in Rajya Sabha, which was speculated to be troublesome, but the tricky ruling managed to sail through the adverse stream. However, it has fundamental absurdity as it stands on the ledge of divorce by voiding instant Triple Talaq as per the direction of Supreme Court, but simultaneously and effectively legitimising it by directing about custody and maintenance, which does not come into the picture if the Talaq does not happen.
In other words, the criminalisation i.e., the prison term for the man pronouncing Triple Talaq is again a logical fallacy with serious consequences on the future of the aggrieved woman. See, if the dissolution of marriage never takes place, since Triple Talaq is deemed ‘void’, then what actually does the legislation criminalise? And, why does a ‘Triple Talaq’ pronouncing person to be put behind the bars? What’s the logic behind this farce criminalisation?
Triple Talaq: Its Aftermath
Do the lawmakers or the civil society, who are blindly supporting the bill without knowing its repercussion in our society ever thought of it, that what would be the lot of the family members whose head is behind the bars? I don’t think so! Let’s cite a case study: If a husband is sent to jail as per the bill’s adherence leaving the wife and his three children in lurch, and he was the only breadwinner of the family. Then what would be the consequences? Who will look after his three school-going children and bear the household expenditure because his wife is a homemaker? What probable consequence may be expected in this circumstance? Speculatively, the family might be on the verge of numerous adversities prompting to suicide!
Unfortunately, in Muslim Women (Protection of Rights on Marriage) Bill, 2018, there is an intermingling of the Law-making and the politics, while both should remain two separate entities. This was supposed to be a legislation to safeguard the women’s rights in the light of the Supreme Court’s decision. However, it seems to be pivoted towards electoral gains for the ruling party as they might have speculated to get all Muslim women’s votes by this historic milestone.
Now turning towards legislation — what’s the significance for the people of electing parliamentarians, who, when reaching the house makes themselves, loyal to their parties rather than safeguarding the interest of the people, who have elected them as lawmakers?
This bill is not intended to empower the women rather make them revengeful, inciting their emotional vibes to take erroneous steps and bring disaster for themselves and to their families. Simply put, criminalising the bill means declaring undeclared emergency in both the families of the husband and the wife, bringing mayhem around, making every member of the family chaotic. Thus, what springs up as the food for thought, which in fact, is the eternal truth: That marriage is a pious bonding between two individuals, which can’t be retained or flourished without love and affection? Implementing such laws will distract rather than attracting the partners towards each other to live a graceful life together. Civil society must think of curbing such bills further that do more harm than good to the people at the altar of meeting the partisan ends of the respective political parties.
The Heroes of Patriotism & Social Justice – Abdul Qaiyum Ansari & Martyr Abdul Hameed.
Extending warm homage on the Birthdays i.e., 1st July of the duo nationalists: Freedom fighter late – Abdul Qaiyum Ansari and War-fighter (warrior) Shaheed Abdul Hameed gives immense pride and joy, which the masses in general usually don’t feel. It might be a coincidence or due to a few similarities between them, they were born on the same day. Notably, both hailing from the Pasmanda communities were die-hard nationalists. The former fought for the freedom of the country opposing the two-nation theory of the Muslim League, and for the rights of the underprivileged (Pasmanda & Bahujan), while the latter, fought the war against Pakistan to protect his country, voluntarily embracing martyrdom. Nevertheless, Muslims are traitors!
Arguably, both were the real heroes of the ‘Bharat Mata’ who bore the narrow confines of sorrow for the sake of building ‘New-India’, entirely different than that of Modi’s! They envisioned an inclusive and progressive India, where Equality (Masawat) could be the driving-force irrespective of the caste & creed. Although their heroic deeds and statesmanship haven’t been portrayed the way it should be, yet, they were undoubtedly the worthy and real sapoots of Bharat Mata!
Ironically and woefully, the souls of both these illustrious sons of India must be in extreme torment in heaven due to the emergence of majoritarian pseudo-nationalism and extreme form of communalism, where innocents are being killed for trivial reasons. They may have never ever speculated such victimisation of their succeeding generations!
Ansari Sb – An Ambassador of Nationalism & Communal Harmony
In the pre-independence era, he opposed vehemently the communal policies of the Muslim League, and the creation of Pakistan. Analytically, Momin Movement was the off-shoot of the Muslim League’s agenda for a separate Muslim nation, which opposed the two-nation theory. Later, Momin Movement turned out instrumental in uplifting socio-economic, political and ideological emancipation of the Momin community – counting almost half of India’s Muslim population.
In the post-independence era, during the aggression of Pakistan on Kashmir in October 1947, he was the first Muslim Leader of India, who came forward and condemned the same. Stepping forward, he strenuously worked towards inculcating awareness in the Muslim masses to counter such aggressions as true citizens of India. He urged the Indian Muslims to support the Government of India in the anti-Indian uprising of the Razakars in Hyderabad during September 1948. He worked throughout his life to enliven nationalism, secularism, equality and social justice in the democratic envelope. But, dejectedly, the current state of affairs is the adverse stream of his ideals, thoughts and deeds.
Ansari Sb – The need of the hour
Statesmen like Ansari Sb are rare. Had he been alive, the condition of Muslims in general and Pasmanda Muslims, in particular, wouldn’t have been as deplorable as it is today. The vacuum of such leadership, who stood for the genuine causes of social justice, political and citizenry rights, has not been fulfilled even after 46 years of his demise. The emergence of pseudo-nationalism and its unplugged upsurge has been setting a new normal and a stage for orchestrated communalism. The neo-culture of mob-lynching is the subset of pseudo-nationalism.
The series of mob-lynching started 5 years back, is incessant and the recent one of Tabrez Ansari in Jharkhand seems to be accelerating the new pace and setting a new paradigm, inspiring the Hindu-hardliners to participate in these activities with renewed vigour. Ironically, it won’t be over-speculation that till 2024, mob-lynching/pogroms might be legalised in Indian democratic structure as it has started taking cultural proportion. Alas! Ansari Sb should have been alive to rescue the debilitated lot of the depressed, and to fight for the equality (Masawat) – his functional philosophy, which is also one of the fundamental rights enshrined in the Indian constitution under the banner of fundamental rights and the soul of the humanity!
CandidQalam 
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