MONTH-IN-PERSPECTIVE JULY 2022

TELANGANA: NIKHAT ZAREEN GOES ON TO BECOME WORLD CHAMPION. WHEN MUSLIMS GIRLS STUCK IN HIJAB All of 25, the girl from Telangana, Nikhat Zareen, was an unlikely boxing heroin on the podium at an Istanbul sports facility in Turkey. She won her gold medal in the 52kg category, being only the 5th Indian woman to win medal at international boxing events. The girl from the tiny Mohalla of Vinayak Nagar in Nizamabad district in Telangana emphatically carved a niche for herself. Coming from a conservative family, it was a huge personal achievement for young Nikhat. She made an indelible statement of having arrived on the global scene of boxing, especially when there are these college students stuck in Hijab controversy. Recent report on Hijab in Karnataka College informs about a dozen or so girls makings rounds of District collectors office and other officials to influence the decision of colleges not to allow Hijab clad girls from sitting in the class. These girls, supported by their fathers, brothers and society men are not thinking beyond Hijab, as if it is the all important thing for them, while Nikhat Zareen travelled all the way to Turkey, and returned with flying colours of Gold Medal at World Boxing Championship with Indian Tricolour flying high. Isn’t there lesson for these Hijab stuck girls to learn from Nikhat Zareen! Although Nikhat has won the Gold Medal some 2 weeks ago, none of our media men have seen the issue of Nikhat Zareen winning the Boxing Gold at Turkey, as a display of Muslim woman’s emancipation. Indeed some of us need to grow. KARNATAKA: A Mangalooru datelined report “NITK faculty gets patent for cashew apple wine”, some weeks ago informed about this development. Report informs that Associate Professor in Chemical Engineering in NITK Prof. Prasanna Belur, has received a patent for the production of wine from cashew apple and raisins. His invention or development in the laboratory is titled “A process for production of an alcoholic beverage from cashew apple and raisins”. We all know that cashew apple when passed through some fermentation process, produced liquid akin to some kind of alcoholic beverage. This act of illicit production of alcoholic beverage was known to man and was being practiced from time immemorial in coastal Karnataka including Goa. But there was no scientifically developed laboratory tested process to commercially manufacture this alcoholic beverage, is rather new. Although there have been attempts in the past, according to Prof. Belur, they were not good enough to maintain its consistent flavor and taste to pass-off as a product to be sold and bought over the counter. Thus, cashew apple largely remained an agricultural waste. Now that, it has passed the test of efficacy by the Controller General of Patents, in the Ministry of Industries, Government of India, it has become a patent in favor of Prof. Prasanna Belur, under the ownership of NITK. Hope someday in the not too distant a future, the product produced under the above patented license could be available for consumption for tipplers in Mangalooru and beyond. However, the report informed that NITK had filed the patent application in 2012 and got it cleared and received only on May 4th, 2022, after 10 full years! And mind you nobody questioned the delay, when it was possible to be cleared in one year. Is it that, the patent office was over burdened with hundreds of applications for patent? How can we promote industries, if the department of patent takes inordinately long time for clearing the patent applications? And none questioned, nor did they regret the delay. This is Yeh Mera India. NEW DELHI: HEALTHY FOOD AND FOOD FOR PALATE A New Delhi datelined report “71% Indians cannot afford healthy diet”, is a release from Down to Earth periodical supported by Centre for Science and Environment (CSE). According to the report the diet of these 71 % is low on fruits, vegetable, whole grain but high on processed meat, red meat and sugary drinks. Clearly at the outset it can be surmised as 71% suffer from wrong diet instead of stating 71% Indians cannot afford healthy diet. Citing Global Nutrition Report (GNR) 2021, CSE informs “71% of Indians cannot afford healthy diet when Global average is 42%”. This is a case of barking up the wrong tree. Cost of red meat or processed meat and sugary drinks are far higher than whole grain, or some of the vegetables and cereals. These three constitute wholesome meal for any average Indian. It is possible to make an inexpensive meal out of these food items. According to GNR 2021, the diet of an average Indians lacks in fruits, vegetables, legumes, nuts and whole grains. While it is true that certain fruits, vegetables and nuts are expensive, it is eminently possible to have, all these within reasonable prices, like, banana, watermelon, leafy vegetables, cucumbers, peanuts in adequate quantities including rice to make an affordable whole meal. So, it is wrong to say that 71% Indians cannot afford healthy food. It may be true that there are Indians who cannot afford healthy meal, but the % cannot be so high, since most Indians, have wrong choice of food which are not only expensive but are also not healthy. So what is important is, what constitutes inexpensive healthy diet should be explained at school level for children to make informed choice of food so that they grow into responsible citizens, responsible for their own health to live with the principle of ‘prevention is better than cure’, so that we all look forward for healthy food rather than food ‘only for palate’. MAHARASHTRA: IS LAW AN ASS! Some weeks ago, there were three reports, all datelined Mumbai. They were all on individuals in conflict with law and hence were of serious nature. "Father-son duo gets 10 years RI for kin's rape", was one of the reports. Other two were "Man gets 10 years RI for getting minor pregnant", & "Community work for bank MD, colleague after end of acrimony". All these reports were reported in the Times of India Mumbai under its column TIMES CITY. In the first, it was a case of father and son duo physically using the mentally challenged, daughter to the father and sister to the son. It happened in Kangaon near Bhiwandi. Since the wife/mother was not living with them, they both sexually assaulted the victim who was only 15 years of age then. Not knowing what is happening to her, it went on for quite some time, until one day neighbours found that she was pregnant and she disclosed her ordeal. A police complaint followed and the duo were arrested in March 2018. It took over 4 years to conclude. Thane sessions judge sentenced both-father & son- to 10 years rigorous imprisonment and strangely fined them both Rs. 5000/- each. These days we read about fines going in lakhs, this 5000x2=10,000/- appeared inexplicably low. How, a mentally challenged girl, who may be now adult look after herself! What is the rehabilitation package for the victim? How this 5000x2 can take care of her future? In the second, a 26 year old man was in love with a 15 year old girl and developed physical intimacy wanting to get married and both families discussed the possible marriage. But the marriage did not take place, since the boy was ostensibly of lower caste. Thus, when the girl became pregnant, they went for abortion and got it done. But hospital complained since the girl was minor. Police comes in, court proceedings starts and in their wisdom; the POSCO court convicts the man for 10 years RI. During the course of court proceedings, judge finds out that girl wanted to save the man by giving wrong name etc. So, clearly they- both victim & the so-called perpetrator-wanted each other. But the judge did not think of their welfare and therefore justice. He and the prosecution wanted the man punished since, the victim was minor. Prima facie, it was clearly a miscarriage of justice. The system could have risen to the occasion to get them married by convincing the families and making a wholesome statement. Instead they destroyed the life of the young man and made the life of girl miserable and uncertain. This is Yeh Mera India insensitive to the core, whether executive or the judiciary. The third one was on the broken friendship and consequent complaints of a bank MD and his lady colleague. They became friends and developed intimacy and one day it broke. Some misunderstanding and overreaction, complaints land at the police station. Court case follows. But they decide, as matured adults, though belatedly, call it ‘enough’ and decide to tell the court that they are withdrawing the complaint and putting an end to the matter and declare that they would not contact each other anymore. In the first place, why this had to be newspaper matter at all, except that it had some corporate intrigue! In the event, court asks the litigants to do some community work in some children’s home, which could be a better way in many cases than mentally and physically hurting punishment. Of course the judges used the occasion to use their skill in Queen’s English to display their erudition, a dimension of judiciary in English Speaking world! MAHARASHTRA: Some weeks ago, there was this report in the print media, datelined Thane, Mumbai, "birthday boy & aspiring cricketer, 14, run over in sports complex". That was a very tragic piece of news. Prashant was the only son of Dilip Mishra. He had come to Savlaram Maharaj Sports Complex in Dombivli to play cricket, as usual between 5&5.30 pm. He was on the field and a speeding car hits him. A profusely bleeding Prashant was rushed to the nearby hospital, only to be declared brought dead. Reportedly head was severely injured and that was the cause of death, according to hospital sources. Car was reportedly being driven by one Jayesh Ravindra Nerlekar, all of 25, a resident of nearby housing society. He had entered with his car inside the sports complex for driving practice. He was reportedly drunk. Reportedly, police were talking about strict action against the driver under the offence of rash driving. Clearly, it's much more than that. It’s a case of trespass to begin with. A motorist cannot enter the sports complex ground, driving in, with the car. The driver was not a trained driver and he was practicing driving. Clearly he had no license. Trespass and driving without license are criminal offences. To top it all, the driver without license was drunk as well. So the death due to drunken driving amounts to killing not amounting to murder that is culpable homicide, where imprisonment is 10 years in jail. Reportedly, the sports complex users had demanded in the past that complex should not be allowed for driving practice. But the Kalyan Dombivali Municipal Corporation (KDMC) ignored their complaints, tells the report. The apathy of KDMC, poor security at sports complex and a drunken driver without license snuffed out the life of a young aspiring cricketer, all of 14, on his birthday. May be at present KDMC has acted to ban the entry of cars into the stadium. To make the authorities act, a young boy had to make a supreme sacrifice. Why are we like this always acting when it's too late! This is Yeh Mera India! MAHARASHTRA: DICHOTOMY IN JUDICIAL PRONOUNCEMENTS Sometime it is difficult to understand the dichotomy of judicial pronouncements in courts across the country. There was this report some weeks ago “Man who lost leg in road accident ordered Rs. 75 lakhs compensation”, datelined Mumbai. Another datelined Thane, outside North East Mumbai, was “No relief for kin of manual scavengers died in 2016”. The former informed about one Ajay Ahuja, then 37, had met with an accident in Goregaon, North West Mumbai in 2016. On Oct. 19, 2016, Ahuja, now 42 years, was riding his scooter and was hit by a private bus. He was immediately hospitalized, but after 10 days in a hospital, his right leg was amputated. An FIR was filed, neither the private bus owner nor the Bajaj Alliance General Insurance Co., the insurers, entertained his claim. Victim claimed to have spent Rs.10 lakhs on hospital bills and claimed a compensation of Rs. 50 lakhs before the Motor Accident Claims Tribunal (MACT). Upholding the claim MACT ordered Rs.75 lakhs as compensation to be paid by both the private bus owner and the insurance company. MACT observed that there is 85% permanent partial disability in the right leg, which is essential for the victim to perform his normal duties and therefore compensation should be Rs. 75 lakhs. Prima facie, it’s an honourable resolution of the issue in favour of the victim, although being a medical officer he is not likely to significantly jeopardise his performance and therefore his earning capacity. As compared to the above, the starkness of judicial apathy in treating the death of 3 persons inside a sewer manhole, so casually, is most unfortunate. A labour court in Thane, reportedly denied compensation to the families of three manual scavengers who died inside a manhole on 2nd June 2016, due to inhalation of toxic fumes. Victims, Mohammed Sheikh 27, Hanif Sheikh 41 and Ajaul Sheikh 41, had entered the manhole to clear the shit of civil society blocking free flow inside the sewer line. They didn’t have any safety gadgets while entering the manhole. They were on regular employment of one Sayrul Sheikh and were on monthly payment of some Rs.9000 per month, it is claimed. According to the family of victims they had written to both the employer and his insurer, New India Assurance Co., but received no reply. The family approached the labour court and the judge T.A Sawant, as if, threw out their claim by refusing to award compensation on the spacious ground that the claimants failed to prove their case, while stating they had the primary burden to prove the case. What this ‘learned’ judge failed to see is, those who could prove the case are dead and gone, knowing full well that “dead men tell no tales”. This judge T. A. Sawant had every opportunity of hackling the employer, who ran away from his responsibility, so also the insurance company who had covered the activities of this Sayrul Sheikh, the man who employed the victims who died while performing their jobs. It was very likely that, victims may not have anything in writing about the job. They could have orally accepted to work for the employer and he was paying them without any receipt. Petty contractors employ many people on short term period without any written contracts. This practice is quite normal. The judge clearly erred in not looking into this aspect while dismissing their claim that ‘there was no cogent oral or documentary evidence before the court in support of their claim’. To give any cogent oral submission the victims are dead! There was every possibility like the MACT member Sanjay Chaudante, who looked into the compensation aspect more humanely and rationally to award Rs.75 lakhs, making both the bus company and the insurance company to jointly pay the victim in the case of road accident. Judge Sawant was clearly not driven by the justice aspect of the case. He was apathetic to the helplessness of victims’ families, in not thinking the way MACT member Chaudante did. It was a sad day when the labour court failed to protect the interest of labour when it was eminently possible, when all they claimed was some 25 lakhs for all 3 families, when MACT awarded 75 lakhs compensation to a single individual, for only a partial disability with potential to earn a living was still almost intact. This is Yeh Mera India. While we are about it, there were no communists, no NGOs, no PFI and their ilk or even AIMIM of Owaisi to fight for justice for these hapless families with their only earning members have dead and gone. Oh Poor Mother India. NEW DELHI: NUPUR SHARMA In a TV debate in New Delhi, the BJP spokesperson was reported to have remarked something, referring to a holy book. This happened on 27th May 2022. For a week nothing happened. On 3rd June, violence erupts in Kanpur in Uttar Pradesh, but controlled. In between 4th and 5th June some sinister movements take place to internationalize the remark of Nupur Sharma. Here Nupur Sharma is only symbolic it looked like, in retrospect. It appeared more politics than anything else. On 5th June Qatar calls Indian ambassador and some 13 countries joined the issue to tell the Indian government, that it condemns the remark of Nupur Sharma. The union government led by BJP immediately suspends Nupur Sharma. And strangely, rather very strangely, Indian media, including print media goes berserk immediately after the so-called international ‘barrage’ on the ‘remark’ by Nupur Sharma. On 7th June there were print media reactions in TOI and other news papers. It included pieces by likes of Sanjay Baru “Unmaking of India” in TOI of 7/06/22, besides editorial comments, ‘Nupur, Naveen & Us’. On 12/06/2022, the Sunday TOI carried a story from Swaminathan Anklesaria Aiyar, the brother of Mani Shankar Aiyar titled “Child Marriage: Why we should not point fingers”. Sanjay Baru was a media advisor to PM Manmohan Singh, so he too is from media. Then you have this Shashi Tharoor, who revels in making outlandish remarks, on and off, to show off his mastery of Queens English. All these above referred ‘gentlemen’ including the editor of TOI are without hesitation can be called jokers. Why? One could ask. The incident of these remarks on a TV debate by Nupur Sharma happens, mind you, on 27th May 2022. And these jokers did not think it to be an issue or had just ignored the debate itself, until June 6th that is more than 10 days later. They woke up, as if; it’s an issue to beat the BJP with, after some Middle Eastern countries made some noise more as a knee jerk reaction. For sure, if these middle-eastern countries were not to react, the whole issue would have been irrelevant to our media men and women. But what did Nupur Sharma say?! She is reported to have read out from a holy book some writings in the holy book itself. Here the question is, if the references are to the issue mentioned in the holy book, how does it become controversial or hurting the sentiments of followers of the hold book! If they are not happy that non-faithfuls should not read it aloud to the ears of world outside, these faithfuls must think of not including these details in the holy book in the first place. None in the media, or these countries, who called India to register their unhappiness, said ‘where Nupur Sharma is wrong’. Swaminathan Anklesaria Aiyar called it “insulting remarks”, and tries to give lessons to Indians on child marriages, referring to a book by one Katherine Mayo. We do not need lessons from likes of Mayo. India already has laws banning child marriage. Sanjay Baru writes “External embarrassment aside, offensive rhetoric from some BJP leaders also threatens internal social stability,” as if it’s an earth shattering development. The TOI editorial commented “There will have to be firm signals from the top and firm and quick actions” asking the government to take tough actions against Nupur Sharma. However there have been social media reactions galore on the over reactions of a section of Indians including exonerating Nupur Sharma, since there have been ongoing debates, the world over, including the faithfuls’ acceptability of these details in the holy book. NEW DELHI: “Covid- orphaned child faces custody battle between aunt & grandparents” was a report datelined New Delhi. Last year in the pandemic wave, reportedly a child was orphaned due to the untimely demise of both father and mother of the child. Father died on May 13, and mother followed a month later on June 12. The paternal grandparents living with the deceased couple took care of the growing child. To get the child attend the last rites of his mother, relatives took him to Dahod some 100km east of Ahmadabad. His maternal relatives, all living in a joint family, decided to retain the child with them, with an unmarried 46 year old aunt taking care of him. Being a large family, child merged probably well with the family. Anxious grandparents, who probably were emotionally dependent on the child of their only son, moved the Gujarat High Court for the custody of the child. Although the court found that child was very comfortable with the grandparents, he naturally couldn’t make his preferences clear by opting for either the maternal aunt or grandparent, if the situation demanded. The maternal aunt was a central government employee, with financial security and still young at 46, besides the joint family atmosphere in Dahod, was a better option, thought the G.H.C, and accordingly custody of the child was given to aunt. Besides, grandparents were depended on the pension only, of the grandfather. Aggrieved at the loss of custody of child, grandparents knocked at the door of apex court. Apex court stayed this HC order, but allowed the custody to continue with the aunt but asked her respond to the petition by grandparents. In a judgment, that made grandparents smile with satisfaction, the Supreme Court, reversed the judgement of HC and granted the custody to grandparents. The counsel for grandparents had argued that, while HC looked at the age of grandparents with concern, it has ignored better education facility in Ahmadabad. It looks like, grandparents lived in their own house, either owned by themselves or by the deceased parents of the child, hence accommodation was not an issue. The pension received by the grandfathers was probably enough to take care of the child and his education besides their own living expenses. More importantly however the child was emotionally secure with the grandparents and his absence from their life could have jeopardised the emotional wellbeing of grandparents. Although all details are not available in the public domain about the case, the above inference seems to have worked. Hope both child and grandparents live happily hereafter. However, there was no reference to the maternal aunt’s visitation rights which could have helped all stake holders to remain in good contact for the future of the child. Wish that should have happened. MAHARASHTRA: BCCI the cricket controller of India is reportedly richer by 48,390 crores. This income is reportedly for the period of 5 years - 2023/28. Reportedly the secretary of BCCI Jay Shah is thrilled with this IPL bonanza. And why not! This Jay Shah is the son of Amit Shah, the BJP strong-man and Union Home Minister. The amount works to Rs: 9678 crores per year. BCCI conducts 90 matches during the 5 year period and it costs them reportedly Rs:3 crores per match. This works to Rs.270 crores. This leaves a surplus of Rs.9678 crores. What could be the pay out to BCCI functionaries for their lavish styles including business class air travels! Assuming 678 crores for the entire year would take care of their stylish lifestyle with enough pay out as compensation, the balance of 9000 crores can attract income tax at 30% + 10% on it as other levies of Rs: 2970/- crores. That is the legitimate state dues BCCI should pay to the exchequer. Hope the cricket behemoth pays this money to the government. Will they!? WORLD: A Washington datelined report informed “US Supreme Court expands gun right, strikes down New York Law”. Something is seriously wrong with the concept of freedom, the US judiciary has. Reportedly, in a major expansion of gun rights, the Supreme Court of United States of America ruled that Americans have a right to carry firearms in public. We are told, since our childhood, that rights and responsibility goes together and that price of freedom is its responsible exercise. This clearly means we cannot have rights without corresponding responsibility. But the judicial overreach by the highest court of the world’s biggest democracy has put the cart before the horse, by giving more fire power to its people, instead of curbing it. And come to think of it, that, it’s not simple majority in decision making! It was 6 for and 3 against decision to assert the right to carry the gun, in a situation where there have been many mass shootings in the recent past. Surprisingly, it happened when the Congress in the Capitol Hill is working towards the passage of gun control legislation following mass shootings in Texas, New York and California. According to the 2/3rd majority judgement of US Supreme Court “constitution protects an individual’s right to carry a handgun for self defence outside the home”. Not surprisingly this judgment has struck down the law in the state of New York, which require people to demonstrate a particular need for carrying gun in order to get a licence to carry gun in public. No wonder, Kathy Hochul, the Governor of the State of New York has reacted rather sharply. “This decision isn’t just reckless. It’s reprehensible”, while noting that ‘this intervention by the top court of the land has come at a particularly painful time, when New York is still mourning the deaths of 10 people in mass shooting at a super market in Buffalo’. Indeed at times, truth can be stranger than fiction. This exhibition of excessive rights can seriously jeopardise the very atmosphere of freedom by introducing fear psychosis among majority of US citizens, who are averse to keeping or using gun in imaginary self-defence scenario. Hope judges at the Supreme Court rethink of their ‘historic’ decision for the good of the free world, especially the United States of America.