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Showing posts with label NJAC. Show all posts
Showing posts with label NJAC. Show all posts

Friday, May 31, 2019

ModiSarkar2 Critical Agenda - 1


The elections are over. The temple-tours are over. The swearing-in and coronation are over. In the second term of Narendra Modi, GOI has to act on some critical issues at top speed. The time for sloganeering is also over. LBS coined the famous slogan “Jai Jawan, Jai Kisan”. After the Pokhran tests of 1998, ABV improvised it to “Jai Jawan, Jai Kisan, Jai Vigyan”. The latest is NM improvising his own slogan “Sabka Saath, Sabka Vikas, Sabka Vishwas”. Catchy slogans are great election tactics and sometimes can be guiding principles in work. But I hope ignominious slogans like “Ek haath Guran, Ek haath Phantom” don’t return.

The start of the first term of ModiSarkar was marked with inexperience, diffidence and sometimes with outright meekness and fear. The best example of such meekness is the instant setting up of a “Christian helpline” over the FRAUDULENT “Christians under attack” campaign by media, NGOs, Sickular political parties and some foreign goons. Such fraudulent campaigns will continue now that the Sickulars and Paki-doormats have been thrashed again. There is no need to bend to such fraudsters. At best, respond only when the full facts are out. Shedding public tears over Vemula or Akhlaq only emboldens them. In a country as vast as India, stray incidents of violence happen all over.

The failure to make a clear statement from PMO that these need to be handled by State Police and not the PM. A clear and stern message needs to be sent out so that delightful mud-slinging by Sickos know that it will not work. Here’s a small list of priority actions (other than the usual economic and developmental activity) that ModiSarkar 2.0 cannot ignore anymore.

Judiciary:

One of the great things that separates democracies from dictators is the judiciary. India’s judiciary has become as lazy, as corrupt and as inconsistent as the Congress or the media. Medical student Payal Tadvi committed suicide in Mumbai a few days ago. Three doctors were immediately arrested for it. Obviously, the case would be harassment and abetting suicide though there may be surprises. For a similar case, a crook like Shashi Tharoor keeps on getting bails and has not been arrested even once though he was the husband of the victim and the marriage was under seven years. I still believe Sunanda is a murder case and not suicide.

And because PC manages to get such extensions with some favourite judge, he doesn’t cooperate with the investigators and waltzes around giving political and moral gyaan and writing opeds. This is a serious FLAW. Therefore, pass the NJAC again and end this private club called Collegium. If there is a confrontation, then get rid of judges too through Parliament processes. The manner in which the Ram Mandir case has been subjected to politics by the judiciary is deplorable. Make it clear that this political bent in judiciary is unacceptable anymore. Increasingly, judges appear to be protecting the corrupt rather than helping justice. A complete revamp of courts, including investigation into assets of many judges, is now a must.


Punish the Corrupt:

Modi promised to punish the corrupt in the 2014 campaign. I can quote many of his statements. One that stands out was “People not only want to vote out the corrupt, they want to see them punished”. In the first term, a flurry of actions against them started only in the last year. There was some political fear about this. Some BJP supporters also feared punishing Sonia & Co. will get them sympathy. Nothing of that sort. India is no more in the 1980s. Modi has yet again asserted this in 2019:
If it has to happen in this term, then action should start straightaway. Ignore all the “vendetta” screams. This is normal for political criminals. Set up a task force to monitor cases. Set up a separate court, if necessary, and mandate daily hearings. The GOI refused to touch the NatHerald case for a long time and used it only for political campaigns. Every Indian wants to see the corrupt punished. And corruption doesn’t start at the bottom, it always starts at the top. Political criminals should not be sermonizing society or writing opeds. This includes media houses and personalities. Their rants on “attack on freedom of press” belongs in the garbage can. In which country does a Fincriminal get interim-bail extensions 25 times? Only in India.

In all major democracies, like the US, the worst criminals sing like canaries after being in custody for a few months. I am absolutely sure, arrest PC, Karti and all others, they too will sing like Saigal after being in custody for a few months for interrogation.

Education:

School education is the foundation of a nation. In the last decade school drop out rate has dropped dramatically overall. However, in 2018, in states like Jharkhand, UP, MP, Assam, Manipur etc. the dropout rate is still very high. Manipur has a dropout rate of 18%. The national rate may be much lower than these laggard states. The more serious concern is the high level of girl-student dropouts which is as high as 57% even in Gujarat. Enrolments aside, the quality of education, instructions and learning being fun is completely destroyed by incompetent ministers for many years. Separate the School Education Ministry from HRD. Establish a Mission to research and implement curriculum in schools. The subjects being taught in schools still have content from 1970s and uninteresting text books. India doesn’t figure anywhere in the top educated countries:
There are critical subjects (like Math, Science and Language) and non-critical subjects like History and Civics. The proficiency level demanded at schools for all subjects is uniform. And even the fraudulent history concocted by Commies into school books needs to go. Such books predominantly portray Hindus badly, portray Chinese Gandhis as some kind of heroes. All this requires changes on a war-footing. Patriots and nationalists are not born in colleges, they are born in primary schools. This is a vast topic affecting the country and will need a greater exercise in another post.

Article 370, 35A and UCC:

When the SC ruled Triple Talaq to be unlawful, ModiSarkar quickly jumped on it and passed a law banning it with some punishment. When the Bill failed in Parliament the GOI brought in an Ordinance. The SC has recommended UCC long back. The same energy needs to be shown in implementing UCC, either by a law or Ordinance. There would not a better mandate to do this in the future. When Muslims were allowed to stay in India at Partition, UCC should have been immediately implemented. There CANNOT be multiple laws for citizens of a country. Ban and outlaw the AIMPLB. This is an illegal organization that behaves like they are custodians of Muslim lives. They are not. Get rid of them.

The same goes for Article 370, 35A. Kashmir is not the property of some Abdullahs or Muftis who vehemently protest this. It’s a part of India and people should have the same Rights all over the country. Abolishing such foolishness of Nehru will bring about dramatic change in JK with investments, industries and job opportunities. The best way to keep youth away from radicalization and terrorism is gainful employment. If the moronic clan of Abdullahs and Muftis treat Kashmir as their “private fiefdom”, come down heavily on such anti-nationals who want to keep Kashmir as a hostage to national integration.


Most of the above actions are tough challenges without a doubt. But ModiSarkar has promised to act on these and have been given the mandate again. The toughest decisions are best taken in the first six months to one year of a new govt. The opposers and agitators can dance all they want and will dissipate in a few months. Shed the meekness and diffidence of ModiSarkar-1 on these issues. Social and national integration cannot be a political or vote-bank issue in the future.

To be continued



Sunday, October 29, 2017

Judicial Quandary



I wonder what it would be like if people filed petitions in the US Supreme Court on the size of Christmas trees or the number of candles to be lighted. It would be even more specific if they demanded a limit on the thickness and length of the candles. The number of PILs in the Indian SC keeps dramatically going up. Almost every single day, or at least week, the SC seems to be ruling on some PIL or the other. A number of these PILs pertain to restricting Hindu festivals, customs and celebrations. Some of these don’t even need to be entertained by the judges. Here is what a former HC judge had to say:

There are always two sides to a coin. There will be people who will try and exploit [PILs], whether courts allows themselves to be misused... that is where the wisdom of the courts lie”. – Former Delhi HC Judge, Justice RS Sodhi

On October 27 Arun Jaitley, in an interview with Arnab Goswami of Republic TV, was remarkably candid in a direct criticism of the courts and judges:
 
The admission of certain PILs and the rulings thereon have become a serious concern to many, especially those on Hinduism and Hindu practices. Recently, some moron even went to Madras HC over the movie “Mersal” containing some inaccuracies about GST or taxes on liquor and medical treatments. I really don’t understand why such a frivolous petition should even be admitted by a HC, let alone be ruled on. It should have been summarily dismissed as frivolous. But the Madras HC ruled as under:
The irony in HC’s ruling seems totally lost on our judges who are very touchy when it comes to their own domain. Ever been to a court? Especially to a trial court? This is how courts are shown in Indian movies:
 
Nowhere will you find trial courts so neat and tidy. It is even frivolous to find a defendant and a witness being allowed to argue with each other during proceedings. It is unlikely that you will find two witness boxes in most trial courts. Indian movies are known to portray courts in a most idiotic manner and it goes without saying that it is pure fiction and that the producers only dramatize their imagination. And since “Mersal” was mere fiction and imagination the HC ruled on it. But, when it came to another movie, Jolly LLB, the HC took objection to the court being shown in a bad light:
 
Not only did the Bombay HC take objection to the court being portrayed badly, it even ordered some scenes to be deleted. Why? Was Jolly not as much fiction and imagination as “Mersal” is? And if “Mersal” has the license to FoE and imaginative work why does “Jolly” not have the same license to portray courts and judges as they want in a “fictional” movie? Such contradictions and hypocrisies have come to infest our courts. Almost every movie, every issue now runs to courts with some silly PIL and the courts, deprived of precious time already, seem to entertain them too. This is causing serious concern among citizens. And these contradictions are now being widely “trolled” on SM as they would be anywhere in the world:
 
Let’s look another contradiction. In December 2016 the SC ruled that the national anthem should be played in movie halls and people must stand for it. The practice was discontinued long ago and while it was okay in the early days after Independence, the anthem in movie halls made no sense at all. People don’t go to movies for a function or a national parade. They just go for entertainment. And then, in October 2017, the SC suddenly decided the anthem in movie halls should be optional and the Centre should make a decision on it. That’s why courts are increasingly seen as playing the role of elected govts when it is totally unnecessary. These are the outcomes of frivolous PILs on issues on which the SC should just recommend suitable action to the concerned govt rather than issuing diktats. What did this do? On many TV debates it only brought out Mullahs and Commies who are vehemently against respecting the national anthem.

Many decades after WWII, organisations, courts and investigators still hunted for Nazi war criminals. Many were indeed hunted down. A company like BMW that exploited Jewish “slave labourers” without payment was made to compensate many years later. Most of the victims were dead. Those living were compensated. It is not mere compensation, it is also a question of restoring honour to those dead. That’s what being human is all about. Kashmiri Pandits have been murdered, uprooted from their homes for decades and no govt seems to want to help them or bring them justice. So, what did the KPs do? They went to the SC to seek justice but the court promptly sent them off:
Many of the murderers of KPs, many of the known criminals are still walking around. The KPs deserve not just justice but a return to their homes. I wonder who is going to stand for them. The last temple of justice has closed their doors on them. The SC claims it protects citizens from injustices. After this shutting out of KPs, I am confident even the Central and State govts will conveniently forget them. This is not justice, this is a serious war-crime against an entire community of people. This, even when the older cases of 1984 killing of Sikhs are still in courts. There is another case where army men were framed and is famous as the “Samba Spy Case”. Even army-men know this is a fake, trumped-up case. The ISRO spy case was also used to tar many scientists, including Nambi Narayanan. It is commonly believed this was done by enemies of India to sabotage the Cryogenics technology. Men and women who have served the nation only demand they live their life with honour if they are innocent. Even former Governor Kaushal Swaraj had tweeted these cases was a farce:
Nothing stops the SC from taking suo-moto cognisance and reopening these cases to restore justice and honour to the innocent. Last February, the SC agreed to look into the ISRO spying case. The Samba spy case merits the same relook. Even if the SC has made the final ruling in these cases earlier, the appellants deserve another hearing, if the SC judges can wake up midnight to hear Yakub Memon. Instead, NGOs, vested interests and even anti-nationals have been flooding the courts with frivolous PILs.

Humans are known to be adventurous risk-takers. They climb mountain peaks, trek dangerous jungles for discoveries, conquer space, travel to the north or south pole and even the limbless run Olympic races. So why does the SC have to rule on social practices like Dahi Handi or Jallikattu? All it needs to do is recommend to concerned govts to ensure they make adequate laws to protect humans and animals involved. Dictating height of Dahi Handi or banning Jallikattu is really not a solution. The Diwali cracker-ban in NCR appears to have made no real change in pollution either:
 
The problem with crackers and pollution can be stopped at the manufacturing level. The emissions and decibel levels need to be stipulated for the manufacturers not to the retailers and users. Hindus are united only by festivals, traditions and celebrations. There is no need to constantly impinge on this by any authority. A panel created by SC reported that Bhaang or other offerings are not the reasons for shrinking of the Shivling at the Ujjain temple. Yet, the SC has ruled on the Panchamrit or offerings to be made at the temple. These Shivlings across India have been around for thousands of years and weathered everything. While there is no harm in regulating the frenzied offerings at the temple, the courts intervening in this leads to permanent grievance in the hearts of Hindus. They feel their Rights are being restricted one by one and systematically too. This is best left to the temple management/trust.

Maybe the whole country needs reforms. Maybe all religions need reforms. But only the Hindus seem to be asked to change or alter their practices. Even courts too need reforms but are reluctant and the judges seem protective and adverse to change. Arun Jaitley, naturally, called it the “tyranny of the unelected” when the court over-ruled a Constitutional amendment which is Parliament’s supreme privilege and authority:
 
It has now almost become a question of “who will monitor the monitors”. A Constitutional amendment by Parliament after due process being over-ruled now means there is no authority or control over the Supreme Court whatsoever. This is not the kind of imbalance a democracy should desire. The same SC didn’t overturn the Constitutional amendment in the Shah Bano case which was executed mainly to negate the SC judgement. From Panchamrit to redeployment of security forces the SC is more or less running the Executive. In the case of security forces, the Bengal govt had gone to the HC against redeployment of forces from Darjeeling. The SC should have simply overturned the HC ruling instead of again dictating how many troops to redeploy. Central forces are subject to deployment by the GOI and the Cabinet and not the courts to really decide:
Other than hearing appeals against lower court judgements, Courts are supposed to stand for people against tyranny of any govt or force. In none of the cases mentioned above were people subjected to any kind of tyranny by GOI or any specific govt. On the contrary, when really tested, the SC did not stand up for freedoms and justice and a much reputed and respected SC judge, the late CJI PN Bhagwati apologised for not doing so:
Players cannot appoint umpires. Umpires cannot appoint umpires. Judges too should not be appointing themselves through their own body. The Constitution does not provide for a Collegium. Therefore, this does require a serious review and remedy. Until this is done we will continue to see a conflict between Judiciary and Executive, if not openly, and the public subjected to a judicial quandary.