Thursday, March 25, 2021
Absolute power corrupts absolutely
Saturday, November 28, 2020
UP Govt's Anti-Conversion Law and Love Jihad
Today Uttar Pradesh Governor promulgates UP Prohibition of Unlawful Conversion of Religion Ordinance 2020. Most media outlets have referred to it as an ordinance against 'love jihad,' but the UP government maintains that it is tackling the forceful conversion and not just the alleged phenomenon of 'love jihad.'
On this point, the State Government has to say that “The way in which religious conversions take place by means of deceit, lies, force and dishonesty is heart wrenching, and it was necessary to have a law in this regard." Therefore we have adopted an effective law to check conversion with some specific punitive provisions against individuals and organizations if found to have committed conversion, by demonstrating the use of force deception by luring marriage or some other improper way.
What does the law say?
According to the law,
• The Unlawful conversion for getting married by force, deceit, undue pressure or by way of alluring into marriage will now be a non-bailable offence.
• Such marriages would lead to imprisonment of a maximum of 10 years and penalty of 50 thousand rupees.
• The ordinance further recommends 1 year to 5 years of imprisonment if the accused fails to prove that the conversion of the woman was not unlawful.
• The jail sentence for the offence against the woman from the Scheduled cast, Scheduled Tribe community would be of 3-10 years.
• It the case is of mass conversion, similar provision of 3-10 year imprisonment has been prescribed. Also, the registration of the organisation involving into mass conversion would be cancelled.
• The ordinance would declare the unlawful marriages null and void.
• Further, if any couple wants to marry after converting into any other religion, they need to take permission from the relevant district magistrate two months prior to the marriage.
Is Uttar Pradesh the first state to enact an anti-conversion law?
No, In 1967-68, Orissa and Madhya Pradesh enacted local laws called the Orissa Freedom of Religion Act 1967 and the Madhya Pradesh Dharma Swatantraya Adhiniyam 1968. Chattisgarh inherited the law when it was carved out of Madhya Pradesh.
The Arunachal Pradesh Freedom of Religion Act, 1978 was enacted to prohibit the conversion from one religious faith to any other by use of force or inducement. As the state has not formulated rules, the law is yet to be implemented in the State.
The Tamil Nadu Prohibition of Forcible Conversion of Religion Ordinance was promulgated by the Governor on October 5, 2002 and subsequently adopted by the State Assembly. However, this law was repealed in 2004.
The Rajasthan Assembly passed an Act in 2006, however, the Presidential assent is still awaited.
A new generation of anti-conversion laws started in 2018 under the Narendra Modi government, Both Uttarakhand and Himachal Pradesh added the word ‘marriage’ to their acts — Uttarakhand Freedom of Religion Act and Himachal Freedom of Religion Act — and said that even if conversion is done for marriage, it has to be notified.
In Uttarakhand, the law empowered the parents and siblings of the individual being converted with the right to go and complain to the district magistrate if they feel a conversion is taking place without following the regular process.
Recently Allahabad high court said in a verdict (Salamat Ansari-Priyanka Kharwar case) that the right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty.
The verdict also said earlier court rulings that ‘religious conversion for marriage was unacceptable’ was not good in law.
History of “Love Jihad”
Allegations of Love Jihad first rose to national awareness in September 2009. Love Jihad was initially alleged to be conducted in Kerala and Mangalore in the coastal Karnataka region. According to the Kerala Catholic Bishops Council, by October 2009 up to 4,500 girls in Kerala had been targeted, whereas Hindu Janajagruti Samiti claimed that 30,000 girls had been converted in Karnataka alone.
The then Congress CM in Kerala, Oommen Chandy, admitted in the assembly that between 2006-2012, 2,667 women from other faiths had been converted to Islam because they married Muslim men.
“The Global Council of Indian Christians came up with the insinuation that a global Islamist project was being implemented in Kerala,” This caught spark after a Christian girl who had converted to Islam was arrested for supplying SIM cards to Lashkar-e-Taiba operatives.
“In Kerala some of this movement against a kind of love-jihad also came up from the Left — V.S. Achuthanandan (former chief minister of Kerala) said that Muslims were converting girls of other religions,”
Thursday, November 12, 2020
The Protectors of Fundamental Rights themselves are violating the Fundamental Rights
Yesterday the Supreme Court has not only granted bail to Arnab Goswami but has also declared that the Mumbai High Court erred in denying him bail and thus it violated individual liberty. What action is being taken against the HC judge? Does he get to violate liberty yet continue to resume work as usual? At the minimum, he must be suspended from work for a period of one year and demoted. How else can we hold the judges accountable? How do we stop them from becoming rottweilers of corrupt local politicians?
The main problem is that the judiciary will take no
action against the judiciary. And the
executive has no power to take any action on the judiciary for wrong judgments.
Even most politicians employ the system
to do their dirty work. Ultimately it is a common man and the whistle blower
and the honest man who suffers at the hands of the system.
Nobody wants to utter a single word against the
judiciary not because they have trust upon them, but because of the fear of
contempt proceedings. Sorry to say colonial laws are still prevailing in our
society which are making us feel so helpless.
“The Protectors of Fundamental Rights themselves are
violating the Fundamental rights of citizens”.
The judiciary is the only institution in the country
which remains totally unaccountable. There is no institution with disciplinary
powers over the judiciary. In order to provide for their independence, the
Constitution made judges of the superior courts immune from removal except by
impeachment. The Ramaswami case and subsequent attempts to impeach judges have
demonstrated the total impracticality of that instrument to discipline judges.
There has thereafter been persistent talk of setting up an independent National
Judicial Commission, but it has been a non starter with the judiciary firmly
opposing any outside body with disciplinary powers over them. However, the self
disciplining mechanism suggested by the judiciary itself by way of an "In
house committee" of judges to enforce a code of conduct nominally adopted
by the judiciary in 1999, has also been a non starter in the face of a
reluctance on the part of judges to inquire into the conduct of their own
brethren. That is one of the reasons why the Parliamentary Standing Committee
has rejected the government’s draft of the Judicial Inquiry amendment bill
which proposes an "in house Judicial Council" of sitting judges to
inquire into judicial misconduct. The bill would in fact make the removal of
judges even more difficult than at present.
Compounding the problem further is the Supreme Court’s
decree that no judge can be investigated for even criminal offences without the
written consent of the Chief Justice of India. In the last 16 years since that
judgement, no sitting judge in India has been subjected to a criminal
investigation. And not because people have not tried. In a case, former Chief
Justice of India refused to accord permission to register an FIR against the
senior judge of Lucknow who had purchased land worth 7 Crores for 5 lacs from
well known members of a land mafia in the name of his wife.
Independence of judiciary is "sacrosanct",
and unless there are clear-cut allegations of misconduct, the gratification of
any kind and extraneous influences, disciplinary proceedings should not be
initiated merely on the ground that a wrong order has been passed by a judicial
officer.
Tuesday, September 22, 2020
The Farm bills is a revolution towards making farmers Atmanirbhar
“Revolutions are never created by poor people. They are actually created by middle-class people. They are created by people who are educated to have opportunities. But these opportunities are blocked by the political or economic system.” – Fukuyama
Recently Modi govt has succeeded in passing three farm
Bills in the Lok Sabha and the Rajya Sabha. The bills was passed in the current session of Parliament.
Agriculture in India is highly fragmented because of
its small holding sizes. It highly depends on weather. There also exists
production uncertainties and market unpredictability. Thus, agriculture is
highly risky here and inefficient in input & output management. Thus, these
bills has been introduced in order to transfer the risk of market
unpredictability from the farmer to the sponsor.
What are the Newly Passed Agriculture
Ordinance in 2020?
Bill 1
- Farmers’ Produce Trade and Commerce (Promotion and
Facilitation) Bill, 2020
This farm
bill 2020 let the intra and interstate farmers produce even outside the
premises of APMC markets without paying any extra market free, cess or levy as
State governments are prohibited from levying any of those.
How does it help?
- Removal of barriers for Intra/
inter-state business of agricultural products.
- Farmers can sell their product
to anyone coming from anywhere.
- Seamless electronic trade is
supported here.
- Encourages ending the monopoly
of traders.
- Increased competition among
consumers or buyers.
- Farmers get better and return
thus increasing income rate.
- Free movement of agro products
from surplus to deficit regions.
- This farm bill 2020 creates a
national market.
- End consumer gets better items
at cheaper prices.
Bill 2
- Farmers (Empowerment and Protection) Agreement of
Price Assurance and Farm Services Bill 2020
This
farmers bill 2020 aims for framing contractual farming between a buyer and
farmer, through an agreement. This should be done before the production of any
agro product. Three-tier dispute settlement framework is provided here –
Sub-Divisional Magistrate, the conciliation board and Appellate Authority.
How does it help?
- This agriculture reform bill
opens the window for farmers to enter into agreements with large buyers,
retailers and exporters.
- Farmers get to know the price
before starting sowing.
- The market risk gets
transferred to sponsor from farmers.
- High-quality seeds, pesticides
and fertilisers can be availed by the farmers.
- Private investors will be
interested in farming.
- A door to the global market.
Bill 3
- The Essential Commodities (Amendment) Bill
This
agriculture ordinance 2020 empowers the Government of India to control the
supply of particular agro-food products under unusual situations like war. In
case of a steep hike of price, stock limits can be applied on farm products.
How does it help?
- Many agro foods like pulses,
onion, potatoes, oilseeds, cereals, and edible oils are removed from the essential
commodities list by this farm bill 2020.
- Except under unusual
circumstances, this newly passed agriculture bill does away with the
imposition of stock limit.
- Business and traders get rid
of harassment.
- With the improvement of
storage facilities, the wastage rate is likely to get reduced.
- This latest agriculture policy
aims for a stable price which will eventually help in raising farm
incomes.
The bills
are aimed at transforming agriculture in the country and raising farmers’
income and is to make way for creating the "One India, One Agriculture
Market’. Also the law intends to end the monopoly of Agriculture Produce
Market Committees (APMCs) in carrying out the trade of farm produce in the
country.
But many opposition parties including the congress,
are opposing the bills. And misleading the farmers by spreading
misinformations. Let’s bust their myths with facts –
MYTH - The bill does not provide any
price guarantee for farmers. The practice of procuring grains at MSP by central
agencies like FCI will end.
FACTS -
The bill ensures a price guarantee for farmers under the agreement and
provision for a penalty in case of payment failure. Further, MSP is an
independent structure which will not be impacted by the bill.
FACTS - The Bill mandates every trader to make payment to the farmer on the same day or within maximum three working days.
MYTH - Farmers will be destroyed by the
Government by getting them into contracts with big corporates.
FACTS - Contract farming has been implemented by many states in the past several decades. Other states have also passed separate Contract Farming Acts.
MYTH - The bills are anti-farmer without
any protection to them.
FACTS - The safety net of MSP will remain. Also govt increased the MSP price for Rabi Crops. These bills will add to the options the farmers have Farmers will be able to enter into direct agreements for sale of produce with food product companies, etc.
MYTH - The Government wants farmers to
sell their lands to capitalists.
FACTS - Farmers have been provided adequate protection in the bills. sale, lease or mortgage of farmers' land is totally prohibited and farmers' land is also protected against any recovery. Also effective dispute resolution mechanism has been provided for with clear timelines for redressal.
MYTH - Farm bills are a conspiracy to
phase out the safety net of Minimum Support Price (MSP) to farmers.
FACTS - Farm bills are not going to affect
MSP at all. The MSP system will continue. Farm bills are creating additional
trading opportunities outside the APMC market yards to help farmers get better
prices.
MYTH - The bill invades on the rights of state Agriculture Produce Marketing Committee (APMCS)
FACTS - The bill does not intrude into premises under the APMC Act and the same may continue to operate in the State. Also the Bill allows for additional trade outside the APMC premises.
MYTH - Agriculture is a state subject
& hence, the bill is illegal. Instead of farmers & the rural economy,
it will only benefit corporates.
FACTS - The 7th Schedule & The Constitution of India mentions that the Union government can legislate in this domain in the national interest. Farmers under the agreement have multiple advantages including guaranteed higher income.
MYTH - The bill will block states to
generate agriculture revenue which will lead to the closure of APMCS,
eventually giving corporates monopoly on agriculture trade.
FACTS - The APMC market premises will continue to operate & attract farmers and generate revenue. The bill allows for the development of new mandi infrastructure closer to farm gate improving market access & reducing logistics costs for farmers.
MYTH - Central Government is nullifying
the APMC law enacted by the various State Governments.
FACTS - The Farm Bills do not encroach upon in any way the APMC Act, which is an Act of the States. Trade happening outside agriculture markets will be covered under the new law.
MYTH - The bill will lead to agriculture
land acquisition by corporates and farmers will end up becoming labourers.
FACTS - The Bill prohibits sale, lease and mortgage of farmers land and ensures sponsors are prohibited from acquiring ownership rights or making permanent modifications on farmers' land.
MYTH - The bill does not provide a legal
safety net for farmers against corporates.
FACTS - The Bill provides for dispute
redressal mechanism where farmers can approach the concerned Sub-Divisional
Magistrate for deciding any disputes under farming agreement. Also the bill
ensures no action is initiated for recovery of any dues against the
agricultural land of the farmers.
Conclusion
India has surplus agri-commodities in most of the cases, farmers still are unable to get better prices. It is because of poor investment in storage and processing facilities. The bills has been introduced to pull investment in cold storage and modernization of food supply chain.
Earlier, the farmers in India suffered from various restrictions while marketing their produce. Selling the agri-produce outside the notified APMC market yards were also restricted. They could sell the produce only to registered licenses of the State Governments. Further, flow of agriculture produces between various States under the APMC legislations was not barrier free.
Thus, this bill is a historic-step to unlock the highly regulated agriculture markets in the country. Farmers will be open up to more choices. Also It will empower farmers to engage with processors, wholesalers, aggregators, wholesalers, large retailers, exporters. It will also create a level playing field without fear of exploitation. It will also reduce marketing costs and double the farmers income. The legislation will also act as a catalyst to attract private sector investment for building supply chains. As a result, Farmers will get access to technology and advice for high value agriculture. Farmers will be engaged in direct marketing.
Monday, July 20, 2020
Why many Indigenous languages are on the verge of Extinction?
Language is a tool for intellectual and emotional expression. Language is a vehicle for the transmission of culture, scientific knowledge and a worldview across generations. It is the vital, unseen thread that links the past with the present. We must emphasis the importance of protecting and conserving our linguistic heritage. Our languages are a crucial part of our history, our culture and our evolution as a society.
Ours is a multilingual country where more than 19,500 languages or dialects are spoken. However, almost 97 per cent of the population speaks one of the 22 scheduled languages. Modern Indian languages have ancient roots and are derived in some way from the classical languages. There is a rich literary tradition in many languages, especially the ones recognised as classical languages by the Government of India. Sanskrit, of course, is one of the oldest Indo-European languages, dating back to the second millennium BC. Indologist William Jones said in 1786: “The Sanskrit language, whatever be its antiquity, is of a wonderful structure; more perfect than the Greek, more copious than Latin, and more exquisitely refined than either, yet bearing to both of them a stronger affinity, both in the roots of verbs and the forms of grammar.”
Ganesh N Devy (Cultural Activist), who documented 780 Indian languages while conducting the People’s Linguistic Survey of India in 2010, also, shockingly, found that 600 of these languages were dying. He added that more than 250 languages have disappeared in the past 60 years.
When a language dies, “a unique way of looking at the world disappears”.
4,000 of the world's 6,000 languages face a potential threat of extinction, out of which 10 per cent is spoken in India, In other words, 400 Indian languages out of our total 780 languages may get extinct. According to the UN Human Rights four in every ten indigenious languages across the world may disappear or die.
According to UNESCO, any language that is spoken by less than 10,000 people is potentially endangered. In India, after the 1971 census, the government decided that any language spoken by less than 10,000 people need not be included in the official list of languages. In India, therefore, all the languages that are spoken by less than 10,000 people are treated by the state as not worthy of mention and treated by the UNESCO as potentially endangered.
India has around 196 endangered languages, including about 80 in the Northeast, according to the Unesco Atlas of the World’s Languages in Danger 2009.
Examples of such languages would be Wadari, Kolhati, Golla, Gisari. These are languages of nomadic people in Maharashtra, Karnataka and Telangana. Then there several tribal languages as well, such as Pauri, Korku, Haldi, Mavchi. In Assam, there is Moran, Tangsa, Aiton. As we discussed above that more than 250 languages have disappeared in the past 60 years. There used to be languages called Adhuni, Dichi, Ghallu, Helgo, Katagi. The Bo language in Andaman disappeared in 2010 and the Majhi language in Sikkim disappeared in 2015. But we need to remember that it is impossible to show a language dying in the last moment of its life. A language is not a single life system. It is a very large symbolic system. When the symbols collapse they do not do so in a single moment. The collapse is sprayed over a large time.
Table of the number of endangered languages with the states that they are spoken in according to INDIA TODAY.
Indian states | No. of languages | Endangered Languages |
Andaman and Nicobar Islands | 11 | Great Andamanese, Jarawa, Lamongse, Luro, Muot, Onge, Pu, Sanenyo, Sentilese, Shompen and Takahanyilang |
Manipur | 7 | Aimol, Aka, Koiren, Lamgang, Langrong, Purum and Tarao |
Himachal Pradesh | 4 | Baghati, Handuri, Pangvali and Sirmaudi |
Odisha | 3 | Manda, Parji and Pengo |
Karnataka | 2 | Koraga and Kuruba |
Andhra Pradesh | 2 | Gadaba and Naiki |
Tamil Nadu | 2 | Kota and Toda |
Arunachal Pradesh | 2 | Mra and Na |
Assam | 2 | Tai Nora and Tai Rong |
Uttarakhand | 1 | Bangani |
Jharkhand | 1 | Birhor |
Maharashtra | 1 | Nihali |
Meghalaya | 1 | Ruga |
West Bengal | 1 | Toto |
Last year, An Indian language went extinct with the death of an 85-year-old in the Andamans, while one apparently extinct tongue was rediscovered as being still spoken by about 1,000 people in a corner of Arunachal Pradesh.
“Koro, a tongue apparently new to the world and which is spoken by just 800 to 1,200 people, could soon face extinction as younger speakers abandon it for more widely used Hindi or English.”
In the Andaman and Nicobar Islands. Onge is spoken only by 96 people and Shompen by about 200.
Few days later, Arunachal Pradesh Chief Minister Pema Khandu released a book titled Tangams: An Ethnolinguistic Study Of The Critically Endangered Group of Arunachal Pradesh. “Language loss is the reason for cultural erosion,” CM Khandu had said, emphasising how the book will help the future generations of the Tangam community, which has reportedly 253 speakers concentrated in one small hamlet of Arunachal Pradesh.
Why are the languages at risk?
There are a few major reasons for this. One is that some languages as against other alternate languages in the area gain popularity because of an easier syntax.
Secondly, the social dominance by any group leads to the language of that group becoming more popular in that society. For instance, Sanskrit became popular in ancient India because of social domination by speakers of Sanskrit. Or English has become popular because of the colonial rule.
Thirdly, certain languages face the threat of extinction as they are not used as mediums of instruction in educational institutions, government transactions and the media.
How do we conserve a dying language?
1. We need to create livelihood support for the speakers of the language. If they have livelihood available within their language, nobody would want to switch from their language to any other language.
2. Another suggestion is to introduce these languages in primary schools in areas where they are spoken.
3. The proposed language departments in central universities can set up libraries or museums with audio and video material showing the oral traditions of these languages. Such documentation is expected to help preserve these tongues, and the audiotapes could be used as teaching tools within the communities.
4. The best way to keep a language alive was to prepare instructional material in that language and make it part of studies. For dialects that do not have scripts, then any other Indian scripts may be used when writing.