MONTH-IN-PERSPECTIVE-JANUARY 2022

NEW DELHI:Shashi Tharoor, the MP from Thiruvanantapuram has a fairly well deserved label of being an intellectual, besides a mastery in Queen’s English. But then, these accolades do not mean that people like Tharoor cannot lose a sense of proportion. And, that is exactly what happened with Shashi Tharoor recently. Speaking to Associated News of India, the Member of Parliament from Kerala is reported to have remarked “Citizenship Amendment Act is fundamentally anti-national”. Clearly he has decided to care less for logic and more for his kind of politics.Whatever the reason he is ascribing to this outlandish remark, he is clearly reading without the book. He needs to update his knowledge of the fundamental basis on which this particular enactment was deliberated and legislated. The Britishers partitioned the country because the Muslim League wanted their piece of land since they felt unsafe to live in a Hindu majority India. So Pakistan was created and most Muslims migrated to the newly created nation. But a significant number stayed back too. There are many reasons why they stayed back, including the latest slogan “Ladke liya Pakistan, Haske lengey Hindustan”. Some of them even professed their ‘love’, for India, did not fear Hindus etc. It is another matter that these Muslims in Pakistan are fighting among themselves for different reasons and killing themselves, certainly not by Hindus from India or those Hindus who remained in Pakistan. And the truth is Hindus and other minorities who were some 23% in 1947 were reduced to 3.7% in 2017 census. These figures are from Farahnaz Ispahani, the former media advisor to Pakistani President. So what happened to them? Where did they disappear? Can Tharoor answer this? But the more interesting question is, how did Tharoor take almost 2 years to say what he said, in December 2021 when the violence in Bangladesh is so fresh in our minds? In fact the mob-violence against Hindus during the Dussehra / Durga Pooja in Bangladesh has only forces us to think how to fast-track CAA with amendments to the date of eligibility. Tharoor is not alone in being incredulous, so late in the day. Before him there were “300 personalities who issued statement against CAA”, way back in January 2020. These “creative and scholarly communities in India” had-as far back as January 2020- asked in their wisdom, “Why minorities from neighboring countries like Sri Lanka, China and Myanmar have been excluded from CAA”. They need to ask themselves what is the history of Tamils in Sri Lanka? What is the history of Uyghur’s of China and what is the history of Rohingyas of Burma? And believe it or not, in this crowd of 300, was the ‘celebrated’ historian Romila Thapar! Clearly these 300 eminent personalities from ‘creative and scholarly communities’ of India have questionable sense of history. Tamils in Sri Lanka was a political problem. They wanted Tamil Ealam, an independent Tamil state within Sri Lanka. They are not an exploited group. China and Myanmar have their own socio/political compulsions. China wants to protect and promote Chinese ideology and their way of life. They are not happy with Uyghurs’ Islamic moorings. They are not victims of India's partition. As for Rohingyas, Myanmar is very unhappy and deeply concerned with the uncontrolled growth of Rohingya population. They fear and are worried that, the way Rohingyas numbers are growing, Myanmarians will be outnumbered some day in the not too distant future and they will become minorities in their own country. Whatever that may be, Rohingyas are also not victims of India's partition. Besides, the whole exercise of CAA is for the protection of victims of India’s partition in 1947. The objective of this legislation is not to make India a destination for all refugees from all parts of the world. These 'why not?' questions can be extended to Syrians, Turks, Ethiyopians and many more. One wonders why the creative group extend their creativity to all parts of the world! How do Sri Lanka, China or Myanmar come into the ambit of CAA? All these articulations by these eminent personalities including Shashi Tharoor is only because of their competitive hatred of NaMo and his government. That indeed is very sad. NEW DELHI:There was this report in the print media “Judge denied confirmation over POSCO judgment”. Justice Pushpa Ganediwala, as the name suggests, is a lady judge of the Bombay High court, on probation from District Court. She was due for confirmation as Permanent judge of the same Bombay High Court. There were 4 judges to be confirmed by the Supreme Court Collegium. They reportedly confirmed 3 judges leaving the name of Justice Pushpa Ganediwala. She was neither given extension of the probation nor was confirmed as the permanent judge. Her term on probation at Bombay High Court ends in February 2022 and she will return as a district judge, informs the report. Normally such cases of going back to district court are rare. The report informs that in view of the controversial “skin to skin” judgment Supreme Court collegium has refused the confirmation of Justice Pushpa Ganediwala. A case under POSCO had come before the bench of Justice Pushpa Ganediwala involving a 12 year old girl and an aged man. He had allegedly groped the breast of the small girl without removing her clothes. Upon persistent arguments by defense lawyer, the Justice Pushpa Ganediwala decided to fix the accused under IPC 354 for outraging the modesty of the woman instead of under the stringent sections of POSCO since victim is a minor girl. It is the duty of the defense lawyer to fight for his client and save him. But what is the role of judges?! It is to see the seriousness of the crime on a small girl of 12 years, who can be deeply traumatized by the action of a father like figure. That the judge failed to see the minor as a victim of an adult and went by the logic put forward by the defense lawyer that there was no “skin to skin” contact and therefore there was no sexual assault. Clearly Justice Ganediwala failed in her duty to deliver justice while delivering her judgment. Yes, since Supreme Court has already stayed the judgment, surely the Justice Ganediwala must have been already chastened. She could have probably been given an extension of probation and postpone the confirmation of permanency, reverting her back to District Court is rather harsh. UTTAR PRADESH: On 7th December 2021, print media carried a news item on the front page with a detailed story followed in the inside pages. It was an extremely unexpected so also unbelievable development that such a thing has happened in this incredible India. “Former Chief of Uttar Pradesh Shia Waqf Board Waseem Rizvi converted to Hinduism”, was the news, completely out of the blue and was beyond comprehension for its implications. Syed Waseem Rizvi is not an unknown name for controversies. He has been in the news for all kinds of reasons, but mainly on his disagreements with the Islamic establishment in India. He had, many among his faithful, baying for his blood for his ‘off-beat’ views on Islam and its followers in India. In the past he was in the news, for his opposition to Triple Talaq, for his views on moderation in the use of loudspeakers during Aazaan, his support for Ram Mandir at Ayodhya etc. But it was the PIL in May early this year that he filed in the apex court that riled the community no end. In his PIL Rizvi had alleged that ‘there are 26 verses or suras in Quran that promotes violence and therefore they should be removed from the holy book. But strangely learned judges of the highest court of the land dismissed it, off-hand by terming the PIL as “an absolutely frivolous petition’ and fined him 50,000 for refusing to withdraw it. The decision of the bench chaired by Justice Nariman with Justice Gavai and Justice Roy was patently wrong in dismissing it without hearing him and it was prima facie high-handed. Here is a person, convinced of his stand and stood alone in the face of all kinds of threats and decides to leave his faith after he was excommunicated from Islam and fatwa to behead him, by Shia clerics. His ‘off-beat’ views included a letter to PM Modi requesting him to shut down primary madarsaas alleging ISIS funding so also his conviction about unbridled population growth -“giving birth to children like animals”- among his people. Clearly no hardcore member of his faith would accept these radical statements and public postures. No wonder two Members of Parliament from Telangana, Firoz Khan & Rashid Khan have announced Rs. 50 lakhs and Rs. 25 lakhs respectively for murdering Syed Waseem Rizvi allegedly for ‘insulting prophet and insulting Islam’ by his utterances and stated positions. These MPs have gone on record saying “we are not concerned about his conversion to Hinduism. He is free to practices any faith, India is a secular country, etc…” It is another matter; these Members of Parliament are still moving freely after giving death threats to Waseem Rizvi. But what is surprising and shocking is the tongue tied state of our liberals and intellectuals to come to the rescue of Syed Waseem Rizvi, in the name of free speech and freedom of expression. This is Indian liberals and intellectuals with multiple standards galore. MAHARASHTRA:We have read, seen and witnessed, the staff of government Public Health Centres (PHCs), Hospitals, both private and government, where the staff have been subjected to verbal and physical attack from the relatives of patients, who have allegedly not been attended or when condition of patients brought or admitted worsened or even tragically died. We always felt sympathy for the thankless job these medical staff have been doing, many times under trying conditions. But, have rarely come across a situation, where some victims of fire / explosion were brought to the government hospital, where even an infant was visibly badly burnt and hospital staff clearly ignoring their wails for help and medical attention / intervention. Sometime in the first week of December 2021, a video had gone viral and most people have seen it. But, as usual, it was difficult to find out or to know from where it originated or the spot where it was video graphed. This knowledge invariably helps in offering support or assistance. In this case too, it was not clear where it was happening, since only Hindi was heard to be the medium of expression. And comes this report from Mumbai “Worli cylinder blast Case: 3 Nair Hospital staffers suspended”. Worli and Nair Hospital are both in central Mumbai within a distance of some 5 kms. Reportedly a cooking gas cylinder exploded at BDD Chawl in Worli. Four persons were injured, two of them badly including an infant. In the video, it was clearly visible that a woman and the infant were badly burnt and skin peeling off, wailing in pain lying unattended, despite there being a doctor, a nurse and possibly an intern. It was clearly outrageous and inhuman, not being moved by the sight of wailing child’s burnt bottom and the woman lying on the floor and rolling with pain. Reportedly Mumbai Municipal Commissioner for health has suspended these 3 staffers after 3 days of video having gone viral and the 4 month old infant succumbed to burn injuries. In the meanwhile reportedly, all members of Public Health Committee of Brihanmumbai Municipal Corporation have resigned in protest over the hospital negligence. They have demanded the arrest of all those found guilty of criminal negligence. Report informs that senior doctors of the hospital, after watching the CCTV footage, had admitted that there was unforgivable negligence and delay in the golden hour of treatment, which even the neighbors of the victims had corroborated. Actually, now that the 4 month old infant has sadly succumbed and passed away, the case has to be changed to include the charge of culpable homicide not amounting to murder. That may hopefully make these erring health professionals more responsible and responsive to the calls of situations of medical emergencies. Hope it does. TAMIL NADU:A former judge of Madras High Court was in the news some weeks ago. One of the news was “Babri demolition blatant bid to destroy India’s secular fabric: Justice Chandru”. India is a politically free nation with apparent democracy. A constitution, which guarantees fundamental rights, is in place. So all are free to think, speak and act. But many a time most of us forget that along the rights also come duties and responsibilities. More often than not, our media men and women speak only about rights and its violations, without educating the general public about the accompanying responsibilities imposed on those who are only hankering for rights. When we say media, the so-called liberals and intellectuals too get bracketed along with them, since they are fellow travelers. Demolition of the Babri Masjid in Ayodhya happened in 1992, some 30 years ago. Many things have happened since then. Lot of water has flown down the Ganga. Life had gone on, and now after the highest court of the land, with its full bench taking the call, has conclusively written into the pages of evolving India’s emerging history and has closed the matter as it thought right, period. So, it becomes incumbent upon a retired judge of a high court, who is educationally and legally well aware of the history and geography of the country, not to rake up, closed issues, because it serves an agenda. A society, if it has to enjoy the fruits of peace with development, has to perforce be with the side of the truth and justice which is pari passu beyond the sectarian differences the society is burdened with. Of course one can go on arguing that can never end unless your intention is to conclude the matter. Or one can be a lawyer, only to keep the issue alive, and keep life on tenterhooks, as elusive as ever, into a state of sleeplessness. The choice is very clear whether one accepts it or not. No wonder comes this, another report, weeks later “Judiciary must adopt rights based approach towards accused, says Justice Chandru”. He is still going in circles, non-stop. KERALA: These days Kerala is in the news for varieties of reasons. Earlier it was Bengal, which used to claim “what Bengal thinks today, India thinks tomorrow”. On similar lines Kerala seem to think of being one-up. No wonder one Peter Myliaparampil from Kottayam had filed petition challenging the printing of PM Narendra Modi’s picture on the vax certificate in the Kerala High Court on the ground of violation of fundamental rights of Indians and is equal to compelled viewing and sought the removal of PM’s photo from the vax certificate. As a citizen of India the petitioner has every right to knock the doors of courts to get redressal to his complaints. Of course, complaints can be serious in nature, may be of public interest and even frivolous or meaningless. In this case, the learned judge of the Kerala High Court Justice Kunhikrishnan, held the petition ‘frivolous’ and dismissed it with cost and a fine of Rs. 1 lakh. It is true that court had many arguments in support of its judgment and said it very emphatically while stating “Need not be ashamed to carry vax certificate with PM’s photo”. Court told the petitioner that “the Prime Minister is the leader of the nation and not of Congress or BJP or any other political party. He came to power through our mandate. Merely because you have political difference you cannot challenge the photograph of PM with a morale boosting message on the vax certificate.” Clearly the court had a considered stand. But was the court right in its judgment and its penal action? While it is true that the intention of the petitioner behind the petition is paramount in coming to a judgment in such ‘frivolous’ petitions, prima facie, it could have been better if the vax certificate did not carry the Prime Minister Modi’s photograph. None can deny that the photograph on this certificate had a publicity quotient. But certainly, as court observed, there was absolutely no violation of petitioner’s fundamental right. So also the imposition of fine of Rs. 1 lakhs is rather heavy. The fact that court had rejected the plea, would have chastened the petitioner enough, the fine could have been more as a strong message than cause financial suffering. KERALA:The Southern State of Kerala always claimed to be 100% literate. It includes even those who can write their name only. Fair enough, they are literate too, who can at least write their name and not dependent on thumb for their signature. Be that as it may, the educated people have an ability to choose because they are better informed since they are better read. Choice is generally that which is right, acceptable or normal. There are any numbers of situations where one needs to make a choice. It may be educational options, career options, financial investment options etc. Political option during elections is an important matter of choice. During elections there are many political parties participating in electoral process. India is a country with plethora of political parties. Actually too many political parties really endanger democratic political process. In most countries of the west or those countries where adult franchise is in vogue, there are single digit parties. In fact US have only 2 parties. UK has 3 parties. But India has dozens of them. Be that as it may, the elections are meant to elect one candidate per constituency. There may be 10 parties contesting in one constituency, but the one who gets the highest votes is declared elected. Most political parties have common manifesto of doing good to the society and its people. But there are parties with its own ideologies. But what is important is the person being voted. Is he an honest man? Is he a responsible and responsive individual who can respond to the need of the constituency and its people? Is he sincere and means well for the society and the nation? So, ideology may be whatever, if the person elected is dishonest, irresponsible and selfish etc, he should not be elected, however agreeable the ideologies are. Similarly if the person is honest, committed, responsible and responsive, he should be voted and elected, even if the ideology is disagreeable or unacceptable. At the end it is the individual who makes the difference more than the ideology. In this test, Kerala’s educated voters have failed in not electing a top decorated Malayalee bureaucrat, the ‘Metroman’ Elattuvalapil Sreedharan’. Just the other day was this report in the print media “Metroman’ Sreedharan quits active politics. Kerala assembly is poorer without this stalwart, forget about his political leanings but is a great performer par excellence as a bureaucrat. He had almost won, but the fact that he was representing BJP, perhaps has put paid to his possible election and victory. Kerala’s 100% literacy failed to rise to the occasion.