By Joseph Maliakan

The 4 February order of Additional  Sessions Judge , Arul Verma of the Saket Court  discharging Sharjeel Imam, Safoora Zagar , Asif Iqbal Tanha and eight others in the  December 2019 Jamia violence case registered by the Delhi police under various sections of the Indian Penal Code should be etched in golden letters in the hearts of all freedom loving people everywhere.

Atul Verma’s discharge order is very significant because it will have major salutary effect in dealing with the innumerable cases filed by both the central and state police under the draconian Unlawful Activities Prevention Act (UAPA) 1967 and various sections of the Indian Penal Code ( IPC ) without proper evidence or investigation.

The case pertained to the incidence of violence at Jamia Millia Islamia University in December 2019 while protesting against Citizens Amendment Act 2019 passed by the Indian Parliament enabling non Muslim minorities from Afghanistan, Bangladesh and Pakistan to get Indian citizenship.

The FIR alleged offences of rioting and unlawful assembly under sections 143,147,148, 149, 186, 308, 332, 333, 353, 427, 435, 323, 341, 120B and 34 of the IPC. Ironically, cases were registered only against the protesting students and no effort was made to book policemen who entered the Jamia campus and brutally beat up even those in the university library.

Discharging the accused Atul Verma said dissent is nothing but an extension of the ” invaluable fundamental right to freedom of speech and expression ” guaranteed under Article 19 , subject to the restrictions contained therein. ” It is therefore a right we are sworn to uphold “, the order said.

Atul Verma further said that as laid down by the Supreme Court in P.Vijayan vs the State of Kerala the court is duty bound to lean towards an interpretation which protects the rights of the accused , given the ubiquitous  power disparity between them and the state machinery.

In fact in his concluding remarks which is most significant, Atul Verma said  to safeguard the citizen’s fundamental right to freedom of speech and assembly , in all its actions the state was obliged to draw a clear line between dissent and insurrection, especially in the context of protests like the present one where the prosecution sought  to blur them.

” Furthermore, such a police action is detrimental to the liberty of citizens who choose to exercise their fundamental right to peacefully assemble and protest. Liberty of protesting citizens should not have been lightly interfered with.” Atul Verma pointed out.

In its detailed order the court observed that the police was unable to apprehend the actual perpetrators and ” surely managed rope in the accused and as scapegoats ” . In a severe indictment of the prosecution  for filing ” ill-conceived chargesheets  ” Additional Sessions Judge , Atul Verma said that the police have arbitrarily chosen to array some people from the protesting crowd as accused and others as ” police ” witnesses. This cherry picking is absolutely detrimental to the percept of fairness , the court said.

The court further observed that the mere presence at the protest site without overt acts cannot lead to implication as accused , and said that the prosecution has exfacie been launched in a ” perfuctinary  and cavalier fashion ” against them. To allow such persons undergo rigmarole of long drawn trial , does not augur well for the criminal justice system of our country , Judge Verma added.

” The desideratum is for the investigative agencies to discern the difference between dissent and insurrection . The latter has to be quelled indisputably. However , the former has to be given space , a forum , for dissent is perhaps reflective of something which pricks the citizen’s conscience.” the order said.

In the Jamia violence case the police had originally filed a chargesheet  only against Mohmad llyas on 21 April , 2020. A second supplementary chargesheet was then filed against 11other accused people . A third supplementary chargesheet was filed as recently as1 February 2023 . The prosecution tried to establish that the witnesses had identified the accused people on the basis of some photographs.

In this context the court observed that the Delhi Police failed to adduce fresh evidence and rather sought to present old facts in  the garb of ” further investigation ” by filing supplementary chargesheets.

” In the present case it has been most unusual of the police to file not one chargesheet but three supplementary chargesheets , with really nothing new to offer.This filing of a slew of chargesheets must cease , else this juggernaut reflects something beyond mere prosecution , and would have the effect of trampling the rights of the accused persons “, the order said.

It further said that there were no eyewitnesses who could substantiate the version of the police that the accused were in any way involved in the commission of the offences. It said that no test identification parade was held until filing of the third supplementary chargesheet and that the photographs and videos only demonstrate that the accused were standing behind barricades.

” There is nothing on record to even prima facie suggest that the accused herein were part of some riotous mob…. Surely prosecution cannot be launched on the basis of conjuctures and surmises and chargesheets definitely cannot be filed on the basis of probabilities.” the order said.

The court also pointed out in the present case the investigative agencies should have incorporated the use of technology, or have gathered credible intelligence , and then only it should have embarked on ” galvanizing the judicial system ” against the accused. Else it should have abstained from filing such ill-conceived chargesheets against people whose role was confined only to being part of a protest .

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Not only have their life’s savings been reduced to rubble in a matter of minutes, but their livelihoods too have been destroyed. Ours is supposed to be democracy based on a written constitution which guarantees fundamental right to life, livelihood and property.

Have our civil servants, the police and the judiciary lost their belief in the rule of law so completely that they obey the illegal orders of elected representatives of the people without applying their mind? As a reporter who had covered Hindu-Muslim conflict in North India in the 1980s and 1990s I am convinced that riots are deliberately planned and executed by politicians with the connivance of local administration and the police with ulterior motives.

Polarising the population on religious and caste lines is a very sure way to win elections.  Riots help in dividing the people. Delhi Municipal elections are overdue and Madhya Pradesh elections are not far away. Riots are engineered also to reduce a particular religious or caste group who are doing well economically to penury.

Obviously, there is method in the madness. The bulldozer operation has taken the popularity of the chief ministers of both Uttar Pradesh and Madhya Pradesh to new heights. While Yogi Adityanath has become Bulldozer Baba, Yuvaraj Singh Chouhan has become Bulldozer Mama.

In Uttar Pradesh, Madhya Pradesh and Delhi most of the arrested and the accused are Muslims. Most of the people whose houses and shops have been demolished are also Muslims. In Madhya Pradesh three Muslim youths who have been in jail when riots took place have been named in FIR registered against the rioting. A Muslim youth who lost both his arms in an accident has also been accused of stone throwing.

In Delhi the bulldozers continued to operate for two hours even after the Supreme Court of India ordered status quo to be maintained. In this context what senior advocate Dushyant Dave said in the Supreme Court is very pertinent.

“This case raises far reaching questions of constitutional and national importance…Is bulldozer an instrument of state policy? Particular section of the society is being targeted. This is the warning constitutional framers gave us. They spoke about this eventuality,” Dave pointed out.

“There are 731 unauthorised colonies in Delhi with 15 lakh people . How do you target only one area since you target only one community? All homes in Jahangirpuri are more than 30 years old and shops are 50 years old. Most people living here are poor. If you want to remove encroachments come to Sainik Farms, come to Golf Links where I stay where every second home has an encroachment. But you do not touch it at all,” Dave said.

Encroachments are a serious problem all over India but the issue is that only Muslims are being associated with encroachments. When processions are carried out and frictions occur homes of only one community are bulldozed.”

There are several illegalities in the demolition and subsequent action carried out in the Muslim dominated areas of Jahangirpuri. No notice, whatsoever, was issued to the owners of the shops and wayside stalls that were demolished. The North MCD concentrated on C Block which is mostly occupied by Muslims.

The demolition drive in Jahangirpuri was launched after communal clashes on Hanuman Jayati celebrations on 16^th April. On Tuesday, 17th April, following the communal clashes Delhi BJP President Adesh Gupta had asked North MCD Mayor Raja Iqbal Singh for the identification and demolition of “illegal encroachment” and construction by those arrested in the Jehnagirpuri violence. Bulldozers should be run over the constructions made by those arrested,” Gupta said.

On 17^th early morning 17 people were arrested, 14 of them Muslims and charged under various sections of the Indian Penal Code and under the stringent National Security Act. Therefore, it was very clear whom the BJP president had in mind when he said that the bulldozers should be run over.

Mayor Raja Iqbal Singh whose North MCD has the maximum number of complaints about encroachments (more than 4,000 complaints are pending) wasted no time in launching a totally heartless and brutal demolition drive  in the Muslim dominated areas of Jahangirpuri. The demolitions continued for two hours even after the Supreme Court directed the  MCD to stop it. Part of the Masjid which was built more than 40 years ago too was demolished. However, the Mandir situated opposite the Masjid was spared. Jahangirpuri looks like a war-ravaged city today.

The next day, Home Minister Amit Shah held an exclusive meeting with Delhi BJP leaders to discuss the aftermath of the communal flare up and the ruthless demolition drive. This was different from the normal practice. In the past, whenever peace was disturbed in the National Capital, the Home Ministers used to hold an all party meeting to discuss steps to be taken to restore peace. What transpired in the Home Minister’s meeting is not known.

But the BJP’s intentions have been made clear by Baijayant Panda, BJP Vice President and the  party in-charge of Delhi in his interview to the Indian Express (on 21April). Just like certain places in Europe, Sweeden, Holland and Belgium –it seems illegal immigrants (read Muslims) have created  no go zones in Delhi, Panda said.  “We have seen them using illegal arms and working from illegal constructions. You can see the demeanour of those people, dressed like dons.” Panda said.

The poor marginalised Muslims of Jahangirpuri who eke out a living by collecting and selling scrap, or second hand clothes, or  even rag picking, have been overnight given the status of dons by Mr. Panda who was the chief spokesman of Biju Janata Dal in Delhi not long ago.

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Though India became independent in 1947 our statute books are still full of laws that the British enacted from time to time to suppress and oppress us. The Identification of Prisoners Act. 1920 is one of several such laws. But instead of repealing the Act, the  Lok Sabha on April 4 this year passed the Criminal Procedure  (Identification) Bill 2022 to replace it.

The Lok Sabha passed the bill by voice vote in spite of the fact that the entire opposition demanded that the bill be referred to a parliamentary standing committee or a select committee for scrutiny. The new bill does not merely replace the 102 year old Act; it has been made more stringent in violation of the fundamental rights guaranteed by the Constitution of India. It is also contrary to the principles of data minimisation and storage limitation laid down in the Puttuswamy and Aadhar judgments of the Supreme Court of India.

The bill also violates Article 20 of the Indian Constitution, prohibition against self-incrimination: No person accused of any offence shall be compelled to be a witness against himself. It violates the principles of natural justice treating every arrested person as guilty even before trial or conviction.

It gives unbridled wide powers to the police and prison officials to gather every detail about the individual arrested or detained for any reason. The police can collect all details about any individual, physical, biological and social, including what one eats, drinks and wears. According to clause 26,  measurements include “finger prints, palm print impressions, photographs, iris and retina scan, physical and biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in Section 53 or Section 53 A of the Code of Criminal Procedure 1973”.

Those who refuse to give these details will be proceeded against under Section 186 of the Indian Penal Code, obstructing public servant in discharge of public functions. In other words, once a person is arrested or detained he or she has no escape from the long arm of the draconian enactment.

Under the 1920 British Act only very limited data could be collected, that too on the orders of a magistrate and data collection could be carried out only by police officials of the rank of sub-inspector and above. The magistrate also had to specify what data is to be collected .In the bill passed by independent India’s Lok Sabha, the magistrate has no role whatsoever and data collection has been handed over to head constables and prison warders.

In this context the Law Commission, 1980 had suggested that the 1920 Act be amended to require the magistrate to record the reasons for giving the order to collect data. The bill does not have any such safeguard; on the contrary it gives wide powers to the head constables and prison warders.

Under the 2022 Bill, data of the following categories of people can be collected. Any person who has been: a) convicted of an offence punishable under any law for the time being in force or b) ordered to give security for his good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure 1973 for proceeding under section 107, or section 108 or section 110 of the said Code or c) arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law, shall if so required allow his measurement to be taken by a police officer or a prison officer in such manner as may be prescribed by the Union Government or State Government.

“Provided that any person arrested for an offence committed under any law for the time being in force (except for an offence committed against a woman or child or for any offence punishable with imprisonment for a period not less than seven years) may not be obliged to allow the taking of his biological samples under the provisions of this section.

What takes the cake in the new Bill is the provision that the data collected will be stored with the Crime Records Bureau for 75 years, practically for the entire life of the individual whose data has been collected.

Under the 1920 Act, however, in case of acquittal or discharge all material had to be destroyed. May be in celebration of 75 years of India’s independence under the new bill data of arrested, detained or convicted individuals could be preserved for 75 years!

Whether the Bill is constitutional or not has to be examined from the angle of the States’ powers. Law and order, police and crime investigation come under the State list. The British Government in India was free to make arbitrary decisions. Can the Union government legislate on subjects reserved for the States even without consulting them?

In this context what Dayanidhi Maran (DMK) said in parliament is quite relevant. The Bill he said is anti-people and against the spirit of federalism. The bill, he added, is open ended and infringes on the privacy of individuals. He also accused the government of establishing a surveillance state.

The post Towards a surveillance state appeared first on The Gulf Indians.

Albin Joseph

The ongoing economic crisis in Sri Lanka has been sending shock waves not only within the island nation, but across the South Asia region. Soaring prices and lack of essential food supplies have created panic amongst the vast majority of the 22 million population. Moreover, the lackluster attitude of the government in dealing with the crisis resulted in people taking to the streets. Sri Lanka’s problem stems from the fact that the country is quickly running out of its foreign exchange reserves; and while this prognosis may seem right at first, it’s a symptom of a problem that is much deep-rooted. Let’s take a reality check on the core issues and the way forward in resolving this impending crisis.

Basically Sri Lanka falls under the category of a “Frontier Economy”, an economy that’s neither developed nor big enough to be branded as an emerging economy. It can be positioned somewhere in between these two spheres. Countries like these are usually reliant on a few focused sectors to generate national income. The nation’s economy has also been classified as a twin deficit economy by Asian Development bank in 2019. Twin deficits signal that the country’s national expenditure exceeds its national income and that its production of tradable goods or services is inadequate.

Sri Lanka’s national income is highly dependent on tourism, tea and a few other agricultural products. In fact, tourism accounts for more than 10% to its GDP and  when the pandemic hit, it was inevitable that the country would have to deal with unprecedented issues in this sector. Sri Lanka’s tourism industry took a severe beating, and the economy nosedived, with a shrinkage of 3.6% in 2020. Tourists were no longer thronging the fascinating beaches of the island and the nation’s foreign income dropped significantly. According to data from Trading Economics, Sri Lanka used to earn revenues to the tune of $455 million a month during the healthy pre-pandemic days, which plummeted to a meagre $3 million a month in the second half of 2021. While large economies such as US, Japan, China, and India were easily able to muster resources to fight the pandemic, frontier economies like Sri Lanka had to face an uphill task on this front.

As the country was reeling under the pressure of an economic crisis, its government took an untimely and unwarranted decision to go “hundred per cent organic” and in a bid to fully realise this vision, it banned the import and sale of all chemical fertilizers. This was a severe blow to the tea plantations and since tea exports accounted for a major chunk of the foreign trade, foreign exchange reserves took a hit once again. Tea accounts for the major share of Sri Lanka’s exports, generating more than $1.25 billion a year and making up almost 10% of the country’s export income. This “ill thought out” crusade not only cost tea plantations and farmers dearly but also impacted related services and financial sectors that fed off from tea exports. Eventually, tea industry capitulated, as did many other plantations. By the time the government relaxed some restrictions, the damage was already done beyond repair, and the country had already lost out on much needed foreign income.

At present, Sri Lanka is in a state of economic emergency. The nation’s foreign exchange reserves are getting depleted as it plummeted to $2.0 billion by the end of 2021 from $7.5 billion in November 2019. The outbreak of the Russia-Ukraine war was the last nail in the coffin on the foreign exchange reserves of Sri Lanka, as fuel prices soared globally making imports too expensive. With the current state of affairs, the chances of making a major recovery at the foreign exchange reserves front seems to be very remote.

What makes foreign exchange reserves so precious?

Foreign exchange, basically dollars ,  is how a country makes payment  for importing goods from international markets. So, if Sri Lanka wants to buy fuel or foodstuff, it will have to pay for it with foreign exchange reserves they have earned. Unfortunately, they have been spending a lot of foreign currency while not earning as much. So, if they need to import basic amenities from the international markets anytime soon, they’ll be in a bit of a pickle.

That’s not the end of the nation’s woes. The country was heavily reliant on foreign loans to pursue developmental and infrastructure activities. Sri Lank must repay $26 billion of its loan by 2026 and by the end of 2022 alone, they will have to settle $7 billion as repayment of loans, that they have borrowed from countries like, China, Japan and India. With hardly $1.5 billion in its reserves, and deteriorating foreign exchange income, the repayment of loans would turn out to be a herculean task.

What’s the way forward?

Although there aren’t any quick fixes to resolve these issues, the first priority is to ensure that the nation’s loan repayments need to be restructured with the major lending countries. The forex reserves will get a sigh of relief, once a deferred and prolonged repayment schedule is charted out.  Subsequently, the government will have to come out with concrete and positive measures to boost its exports with impetus on tea and other agricultural products. Imported coal accounts for almost 44% of Sri Lanka’s electricity generation, which causes a major drain on the foreign exchange reserves. Long-term policies to reduce the dependency on coal for power generation are the need of the hour. Approaching International Monetary Fund for immediate financial assistance is very much on the cards to get an immediate bailout. Though this is viewed as one of the ideal measure to deal with this crisis, it can only be done by adhering to IMF’s stringent regulations and measures to restructure the economy in its entirety.

Lessons Learned

It’s quite imperative to have a look at the lessons learned from this crisis from a political point of view and from an academic perspective as well. Misappropriation of government funds and corruption at the peripheral level can ruin the economic stability of any nation and this is a key learning that one can infer from the current turmoil in Sri Lanka. Secondly, borrowing of loans has to be done with adequate due diligence and clear rationale. Obtaining foreign loans for the overall development of a nation is ideally right and this is something that most of the frontier economies and developing nations do on an ongoing basis. But these loans can turn out to be a heavy burden on the exchequer if they are not utilised in productive areas.

Sri Lanka is a classic example of an economy that took huge loans, particularly from China for infrastructure development, which hardly generated any significant revenue to the government directly or indirectly. A frontier economy such as Sri Lanka should have used these loans in highly productive areas that could enhance the technology to fuel agricultural and industrial growth. Last, but not the least, decision making on major policy change should be done rationally and logically instead of doing it in an ad hoc manner. The current regime did a historical blunder by taking a decision overnight to abolish the import of fertilizers in order to resort to hundred per cent organic farming. The end result of this immature decision-making was quite apparent, with drop in agricultural produce and resulting in acute food shortage.

The author is a Member of Loka Kerala Sabha.

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Born in a family of Ezhava caste, Narayana Guru led a reform movement against the caste ridden and oppressive society of India. As a social reformer and spiritual leader Narayana Guru greatly contributed to establish social equality and spiritual enlightenment.

Narayana Guru integrated social equality and universal brotherhood in Advaita. The idea is very clearly expressed in his famous saying “One caste, One religion and One God” for the entire humanity. To discuss and deliberate on the theme Narayana Guru organised an all religion conference at the Advaita Ashram, Aluva in 1923. “We meet here not to argue and win but to know and be known”, Narayana Guru declared at the conference.

Narayana Guru, through his writings and actions, sought to end the oppression of the lower castes in India, particularly Kerala through education and spiritual growth. Cleanliness, education and equality are extremely important, Narayana Guru preached.  Anyone studying the reform movements in India will find that Narayana guru occupies a very important position in the reform movements.

Narayana Guru was one of the most successful social reformers to revolt against the oppressive caste system in India. He condemned outright the superstitious fundamental Hindu concept of Chaturvarna which made the lives of the majority of the lower castes in India miserable. The motto of the first Shiva temple the Guru consecrated at Aruvippuram reads: Devoid of dividing walls of Caste, Or hatred of rival faith, We all live here in Brotherhood, Such, know this place to be ! This model Foundation!

In 1913 Guru founded an Ashram at Aluva called the Advaida Ashram. It was dedicated to the principle Om Sahoddaryam Saarvatra (all human being are equal in the eyes of God) In this context it is very important to remember that on the question of caste Narayana Guru vehemently opposed the stand of both Adi Shankara and Mohandas Gandhi.

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In the violence that erupted following the killing of the farmers, four more persons, including a freelance journalist and the driver of one of the offending vehicles, were also killed. Eight persons killed and even four days after the incident, the Uttar Pradesh police failed to identify the guilty, arrest them or question anyone.

The police arrested two persons in connection with the killings only after a bench of the Supreme Court of India headed by Chief Justice of India N.V.Rmana and comprising  Justices Suryakant  and Hima Kholi on a Public Interest Litigation (PIL) filed by two  U.P. based lawyers,  Shiv Kumar Tripathi and  S.C.Panda, directed the State Government to file a status report on the accused in the Lakhimpur Kheri killing.

The police, also following the Supreme Court directive, “summoned” or rather invited the Union Minister’s son for questioning in the case. This, in spite of the fact that a viral video clearly showed that the Minister’s  rashly driven car mowing down farmers and the Minister publicly admitting that the car in question belonged to his family. Though the Minister claimed that the car at the time of the crime was not driven by his son, as a responsible minister in charge of the home department was duty bound to inform the police who committed the crime.

The police had the duty to question the owner of a vehicle involved in such a serious crime, however high and mighty he or she may be. Not only the police did not question the Union Minister, they also did not bother to question or even summon the minister’s son until the intervention of the Supreme Court of India.

First, no ordinary mortal would dare commit such a daring crime in full public view, and even if anybody dared, the police would have immediately detained and even tortured that person and then arrested and remanded that person to custody for questioning.

In fact, the Lakhimpur attack on farmers and the subsequent police laxity in bringing to book the accused is a deliberate attempt to please the powers that be, in this case, Union Minister of State for Home Ajay Mishra. So far, the police behaviour has shown that the attack on the farmers was executed with the connivance of the local police. As quoted in the Indian Express not long ago, the Minister had in a warning to the agitating farmers said: “If I get down to action then they would not have even found a way to run away. I want to say to such people to ‘mend your ways’ otherwise I will make them face me and set them right in two minutes.”   Very strong words indeed! And perhaps the mowing down of the farmers by driving the SUVs was an act to set the farmers right in ‘two minutes’.

Under the circumstances, any investigation by the local police into the killing of the farmers is very unlikely to be fair and honest. The inordinate delay in the proper investigation of the case must have already resulted in destruction of crucial evidence that would have led to successful prosecution of those responsible for the crime.

The continuation of Ajay Mishra in the Union Cabinet with control over the police force at a time when his son is accused of killing farmers cannot be justified. One wonders whether the violence was deliberately unleashed in the poll bound state  to polarise voters on the basis of religion and caste.

We can only hope the Commission of enquiry appointed by the Uttar Pradesh Government into the Lakhampur violence examines in detail the prevalent local social, political economic situation that led to the brutal attack on farmers who have been protesting peacefully for the fulfillment of their rights.

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If NEET is continued the health care system in the State built over the years will collapse ,because there will not be enough doctors to man the Primary Health Centres the Committee headed by retired justice of the Madras High Court A.K Rajan warned. The Committee was appointed to study the impact of NEET on medical courses and the mash rooming of coaching centres. Also the poor students both in the urban and rural areas will also be not able to pursue medical courses it was pointed out. Because, NEET has specially affected those whose families who earn less than Rs.2.5 lakhs a year and who studied in Tamil medium schools.

The finding of the Committee has led to the Tamil Nadu Assembly passing a Bill to restore medical admission mechanism that existed in the State before the introduction of NEET. The bill allows    admission to undergraduate courses in medicine, dentistry, Indian medicine and homeopathy on the basis class 12 marks . It also provides for 7.5per cent horizontal reservation for the students of government schools in medical admission.

The object and reason for the bill said NEET caters  inequality ,as it favors the rich and more privileged class of people in the society who are  able to afford special coaching apart from pursing the class 12 qualifying examination . The bill will take effect only after it gets assent by the President of India. Admissions to medical courses are traceable to entry 25 of List III, Schedule VII of the Constitution of India and therefore the State legislature is competent  to regulate the same it was pointed out.

For a decade after the introduction of NEET, Tamil Nadu had no entrance  examination for medical admissions. They were made on the basis of class 12 marks.  During the UPA rule, the DMK managed to get Presidential assent for exemption from NEET. But the AIADMK could not convince the Union government led by the Bharatiya  Janata Party to get  exemption from NEET for Tamil Nadu.

In fact, a study undertaken by the Tamil Nadu government on medical admissions four years before and four years after NEET was introduced found that there was 10 times reduction in the number of students from the State Board admitted  to medical courses. The number went down from 380 to 40. At the same time there was exponential growth in the number of students    from Central Board of Secondary Education (CBSE) schools getting admitted to medical courses. Their number rose from three to 200. A majority of these students had taken private tuitions. The High powered panel prepared its report after studying 8600 representations from different stakeholders majority of whom pleaded for the abolition of NEET.

“NEET drives away the poor, the rich and the affluent get most seats. When you remove local students from studying MBBS there will be shortage of doctors who will serve in remote villages because the affluent will not serve Primary Health Center in remote areas. They will go abroad for higher studies and look after their life,” Justice Rajan lamented in his report.

Despite reservation the poor and rural students have not benefited as they are unable to afford private coaching .There are also no coaching centers in the rural areas. Before NEET was introduced a large number of students from the rural areas used to get admission in medical courses. They came from Tamil medium government schools.

Presenting the Bill to grant a permanent exemption from NEET to students from Tamil Nadu Chief Minister M.K. Stalin said, “The aim of the Bill is to ensure social justice, uphold equality and equal opportunity, protect all vulnerable student communities from being discriminated against.

“It seeks to bring the vulnerable student communities to the mainstream of medical and dental education and in turn ensure a robust public health care across the state, particularly the rural areas. The Bill opposed NEET because it undermined the diverse social representation in medical education favoring mainly the affluent sections of the society and stalling the chances of the underprivileged social groups,” Stalin said.

The Bill to override the Union law on NEET added that it is not a fair or equitable method of admission since it favoured the elite sections of the society. NEET promoted rote learning and the fact that there is no cap on the number of attempts only helped the affluent the panel had pointed out.

In fact NEET in many respects went against the recommendations of the Joseph William Bhore Committee (1946) on which independent India’s Healthcare system has been modeled. It had recommended major changes in medical education which included training in preventive and social medicine to prepare social physicians.

The Bhore Committee had concluded that health care services should be available to all citizens, irrespective of their ability to pay and it should be complete medical service. In this context the report had pointed out, “The absence of certain amenities and services in the countryside has proved a deterrent to the medical practitioners leaving the attraction of the cities and migrating to the villages. Therefore, only a whole time salaried service will only enable the governments to ensure that doctors will be made available where their services are need.”

Independent India has succeeded in producing thousands of doctors. But the doctors have been produced not for the state health service but for the growing number of private practitioners. The tragedy is that these private practitioners have been educated at the expense of the public exchequer.

The post NEET: The Medical Nemesis appeared first on The Gulf Indians.

In 1969, C.M. Annadurai, founder of Dravida Munnettra Kazhagam, (Dravida Progressive Federation) and then Chief Minister of Tamil Nadu wrote “If by being in office the DMK is able to bring to the notice of the thinking public that the present constitution is a sort of diarchy by the backdoor , that would be a definite contribution to the political world.”

The DMK, formed in 1949 as a breakaway faction of the Dravidar Kazhagam headed by Periyar E.V. Ramaswamy, had initially demanded a separate Dravida Nadu, comprising areas of the Madras Presidency of British India. The party formally gave up the demand in 1963 after the Sixteenth amendment to the Constitution criminalised separatism.

The 1967 election manifesto of DMK stated: “The DMK has taken upon itself the responsibility of seeing that no region of the country dominates another region in the name of integrity. The DMK is determined to protect the rights of the states from being suppressed and to chalk out a plan for the uniform economic development of all the states and to transfer the residuary powers to the states. It will reiterate its demand to amend the constitution for this purpose.”

Moving a resolution on autonomy in the State Assembly on 16 April 1974, M. Karunanidhi, then Chief Minister said, “I am confident  that this epoch making resolution will be a landmark in the history of India.”

Diarchy was the system of double government introduced by the British in India through the Government of India Act 1919 for the provinces of British India. It was introduced as a constitutional reform by Edwin Montague Secretary of State for India (1917-22) and Lord Chelmesford, Viceroy of India (1916-21). The system was based on the principle of division of the executive branch of each provincial government into authoritarian and popularly responsible sections.

The first was composed of Executive Councilors, appointed by the Crown. The second was composed of Ministers who were chosen by the Governor from the elected members of the provincial legislatures. These latter Ministers were Indians.

The subjects of administration were divided between the Councilors and the Ministers, named reserved and transferred subjects, respectively. The reserved subjects under the heading Law and order comprised justice, police, land revenue and irrigation. Transferred subjects included local self government, education, public health, public works, agriculture, forest and fisheries. The system ended with the introduction of provincial autonomy according to the Government of India Act, 1935.

Independent India’s Constitution, in making the distribution of legislative powers between the Union and the States, adopts the method followed in the Government of India Act,1935. The various subjects of legislation have been enumerated in three lists: List I or the Union List; List II or the State List; List III or the Concurrent List.

The Union Parliament has exclusive power of legislation with respect to 97 subjects in List I. The State Legislatures have exclusive power with respect to 66 subjects enumerated in List II. The power in respect of 47 subjects in List III are concurrent, both the Union and State Legislatures can make laws in respect of  these subjects. But in the event of a conflict between the two on a matter in the Concurrent List, the Union Act will override the State Act.

The Union-State relations in independent India reached breaking point in 1965 with the anti-Hindi agitation led by the DMK which brought life to a standstill in the southern States particularly Tamil Nadu. The agitation gave rise to the slogan “Autonomy to the States, Federalism at the Centre.”

However, Article 356, enabling the Union government to impose President’s rule in the States, has been the most controversial provisions of the Constitution. Under the provision, State Governments have been dismissed by the Union Government on 125 occasions in the last 75 years. Alas, in the Constituent Assembly B.R. Ambedkar had hoped that the provision will remain a dead letter to be used as a last resort.

The unbridled resort to Article 356 came to a halt after the landmark Supreme Court judgment in the S.R. Bommai vs Union of India (1994) 2SC 215. In the Bommai case the Supreme Court held that the State Government losing the confidence of the House should be decided on the floor of the House, that the dissolution of a State Assembly by presidential proclamation is subject to judicial review and if the court finds any mala fide, it will strike down the proclamation and restore the Ministry of the State.

Mercifully, the Modi-led Union government has not used the provision of Article 356 not even once. But it has struck at the very basis of federal principles of governance by legislating on subjects exclusively reserved for the States and appointing Governors who have been working at cross purposes with elected State governments. The conduct of the Governors of West Bengal, Maharashtra and Kerala has been particularly unconstitutional and even shameful in many respects.

The three controversial farm laws, the Citizenship Amendment Act (CAA), and the attempt to bring education and health under the control of the Union Government are steps towards making the State governments mere supplicants.

There have been several attempts in the past to redefine relations between the Union and the States.In1969 the Tamil Nadu government set up one-member Justice P.V. Rajammanar Committee to suggest amendments to the Constitution to make the States autonomous. In its report submitted in1971 the committee suggested the Union Government should make laws affecting the States only with the concurrence and consent of the Inter-State Council. It also suggested the abolition of all India services like the IAS,IPS and IFS.

The Sarkaria Commission appointed in 1983 made a number of recommendations to decentralize power. About the appointment of Governors of States the commission recommended that the Prime Minister should consult the Vice-President of India and the Speaker of the Lok Sabha.

In 2000, the Union Government appointed the National Commission to review the working of the Constitution under the Chairmanship of Justice M.N.Venkatachaliah. The Commission recommended the constitution of a statutory body called Inter State Trade and Commerce Commission for consultations on matters between the States the Union. It also suggested that the Governors of States should only be appointed by a Committee consisting of among others the Chief Minister of the State concerned.

The UPA government in 2007 appointed the M.N.Punchhi Commission to study the role and responsibilities of various branches of Union and State governments. The commission among other things recommended Governors should be appointed from a panel prepared by the legislature of the State concerned. Governors should not also be made Chancellors of the Universities, the Commission stressed.

So far successive Union Governments have chosen to ignore the recommendations of various commissions because it involved giving away some of the enormous powers it enjoys. And going by the latest sale of government properties across India announced by the Union Government, it is in no mood to give even an inch of breathing space to the States. India is fast moving towards the 1919 British Era Diarchy.

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https://twitter.com/HamdanMohammed/status/1412794948500533254

At an incredible depth of over 60 metres and holding 14 million litres of water, the equivalent of six Olympic-sized swimming pools, Deep Dive Dubai’s pool has been verified by Guinness World Records as the world’s deepest swimming pool for diving. It has the latest technology and facilities, including what will be the region’s most advanced hyperbaric chamber.

Deep Dive Dubai’s pool also features an astonishing sunken city that divers of all levels can explore, complete with an abandoned streetscape and featuring an apartment, garage, and arcade. Free diving and scuba diving courses are given by a team of international diving professionals.

Deep Dive Dubai’s guided experiences and courses are offered across three categories, Discover, Dive and Develop, and are open to both residents and visitors aged 10 and up, ranging from complete beginners to professional divers and athletes. The Discover category caters to those who want to try a single dive or take their first steps towards certification as a diver. The Dive category allows everyone to dive within their certification limits. The Develop category is for training to both develop skills and gain scuba diving and free diving certifications ranging from entry level to technical and instructor level.

The 1,500 sq m facility is shaped like a giant oyster in a tribute to the UAE’s pearl diving heritage.

Among the features of the 60m pool are two underwater habitats with a dry chamber at 6 and 21 metres, 56 underwater cameras covering all angles of the pool, and advanced sound and mood lighting systems. The pool’s fresh water is filtered and circulated every six hours through siliceous volcanic rock, NASA-developed filter technology and UV radiation; this is one of the largest and fastest filter systems in the region.

Deep Dive Dubai’s spokesperson Abdulla bin Habtoor, said: “We offer an unparalleled experience with year-round diving, in a safe environment, with outstanding instructors and services. This facility is an investment in Dubai’s growing sports culture and will add another world-class destination to Dubai’s thriving tourism and adventure sports sector.”

It is currently open by invitation only; public bookings will open in late July at deepdivedubai.com.

Deep Dive Dubai’s Director Jarrod Jablonski, a world-record-holding cave diver and a leading global figure in the development of scuba diving, said: “For those seeking a unique experience, Deep Dive Dubai provides an exceptional, safe and controlled environment to learn all about diving.”

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Titled ‘Modi tightens his grip on the Media’, the 2021 RSF report said, “India is one of the world’s most dangerous countries for journalists trying to do their job properly. They are exposed to every kind of attack, including police violence against reporters, ambushes by political activists, and reprisals instigated by criminal groups or corrupt local officials.

Ever since the general elections in the spring of 2019, won overwhelmingly by Prime Minister Narendra Modi’s Bharatiya Janata Party, pressure has increased on the media to toe the Hindu nationalist government’s line …The coordinated hate campaigns waged on social networks against journalists who dare to speak or write about subjects that annoy Hindutva followers are terrifying and include calls for the concerned journalist to be murdered, the report added.

The campaigns are particularly violent when the targets are women. Criminal prosecutions are meanwhile often used to gag journalists critical of the authorities with some prosecutors invoking Section 124 (a)  of the penal code under which ‘sedition’ is punishable by life imprisonment, the report added. The   RSF  website also carried four India related reports on attacks on the media including the arbitrary raids on the news website NewsClick.

The Modi government set up the committee “to improve the ranking of India in the World Press Freedom Index”. The manner in which the committee was appointed and the selection of the committee members showed how ill-informed the Indian bureaucracy and the political leadership are about the working of the RSB and the methods it employs to prepare the World Press Freedom Index. The Committee named the Index Monitoring Cell (IMC) was formed at the instruction of the Cabinet Secretary Government of India.

The 13-member cell consisted of mainly of bureaucrats from the Information and Broadcasting Ministry, the Press Information Bureau, Government of India, the Niti Ayog, Indian Institute of Mass Communication, the Press Council of India, Registrar of Newspapers of India and the External Publicity Division, Ministry of External Affairs. Renowned journalist P. Sainath and Rajat Sharma of India T.V were also included in the Committee. Even before the cell made its draft report Rajat Sharma left it sighting other pressing engagements.

And ironically a note of dissent prepared by Sainath has brought its activities to full stop. Sainath, in his note, counters every argument the bureaucrats have made about the state of the Indian media. At the outset, Sainath’s note has pointed out, “A fair and honest ranking would see India plumbing depths below rank 142.”

Prime Minister Narendra Modi had in March 2020 declared media as an essential service but the attacks on journalists, arrests on false charges, abuse of legal provisions to harass journalists, and attacks by vigilante groups had all increased since then, the dissent note pointed out. The note has called for a law for police accountability to ensure punishment of those who register false cases against innocent persons.

On the draft of the IMC report the dissent note says that there is no description, no recounting or measuring of the situation on the ground in relation to press freedom and there is no mention of accountability of the state.

“A committee or Cell convened on the issue of press freedom cannot function in silence or secrecy. We have to be upfront, and state plainly about the situation as it exists .   If we censor ourselves, imagine what that says about the state of freedom in the larger media canvas of the country,” the note pointed out.

Commenting on the use of the Epidemic Diseases Act against Andrew Sam Raja Pandian, founder of the news portal SimpliCity in Tamilnadu, the note said this “appears to be the only time ever in independent India’s history that a journalist has ever been booked under this law. …. The British used sections of the Act to prosecute Bal GngadharTilak.

Commenting on the internet shutdown in Kashmir the note said, “ They are very grave violations with severe consequences in social , economic, political and human rights spheres. Also, they are a very feudal form of collective punishment, punishing an entire region once state, for things claimed to be doings of a handful of foreign-bred  terrorists.

On the arrest of stand-up comedian Munawar Farooqi  the note said, “So now you can be jailed for your thoughts. You can even be jailed for what the police or other authorities claim were your thoughts regardless of whether those claims were bunkum.” Sainath in his dissent note also said that the Cell should have called for strengthening of the Press  Council of India, creation of a Media Council and appointment of a Press Commission.

To assess the real situation of the media in India, the IMC conducted a survey of 18 journalists in India, 10 foreign and eight Indians. The selection of the sample for the survey in fact takes the cake. All the 18 respondents were participants in the four month diploma course conducted by the Indian Institute of Mass Communiction.

The survey concluded that “IN INDIA COMPLETE FREEDOM OF MEDIA EXISTS!”

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The primary objective of the mega project, which according  to 2017-18 estimates is expected to cost 38,000 crores, is to take the ‘surplus ‘ water in the Ken River to  Betwa. To start with, the KBLP is based on a faulty premise that the Ken, the smaller of the two rivers, has surplus water. The hydrological aspects of the Ken-Betwa link have never been scientifically examined, according to Himanshu Thakkar of the South Asia Network on Dams, Rivers and People.

“The water balance studies that is at the basis of the KBLP is problematic for many reasons,” according to Professor V. Subramanian, Emeritus Fellow, School of Environmental Sciences, Jawaharlal Nehru University. In his book ‘Rivers of South Asia: To Link or Not to Link’  Subramanian says that the most fundamental problem with the water balance study is that it does not take into account groundwater potential and use in the relevant basins.

Moreover, the water balance study also does not look at rainwater as a resource and potential of rainwater harvesting before deciding if there is really any deficit or surplus. Another very fundamental issue is there seems to be no allocation for the environment flow requirements in the river downstream from the six proposed dams.

While calculating surplus in the Ken basin the assumption is that every hectare irrigated will need 5,960 cubic m of water. This is very low compared to the requirement assumed at 10,180 cubic m per hectare in the case of Betwa basin. By assuming low water requirement in Ken basin, one can show surplus water availability and by assuming higher water requirement in Betwa basin one can show higher deficit in Betwa basin. Such assumptions require proper justification.

This attempt to show surplus in Ken basin and deficit in Betwa basin is further exemplified by the fact that 67.88 % of geographical area in Betwa basin is shown to be cultivable, the figure for Ken basin is much lower at 57.08%. About 85 % of the so-called water deficit in the Betwa basin is seen in the Upper Betwa basin, where water from the Ken- Betwa Link cannot be taken.

The irrigation benefits projected from the  proposed KBLP seem highly unlikely, according to Subramanian. The fact that utilisation of rainwater and ground water in the Ken Betwa basin is so low shows that water balance studies are really not factual in KBL.

Moreover, if we look at the water allocation and area to be irrigated in KBLP, we find that water allocation is 5,189 to 5,275 cubic m for every ha to be irrigated. This number deviates from standard  agricultural practices.

The impact the submergence will have on the Panna National Tiger Reserve (PNTR) will be numerous and serious. The Ken river, which flows from south to north, is home  to Gharial and Mugger, and other aquatic fauna and is one of the least polluted rivers. It is one of the 16 perennial rivers of Madhya  Pradesh and is truly the lifeline of the reserve. Ken offers some of the most spectacular scenery to the visitor while it meanders for some 55 kilometres through the reserve.

When Great Gangau Dam comes up, the reservoir will not only submerge significant part of PTR, it will also make approach of wildlife to the only perennial water source impossible due to the silt that gets deposited on the periphery of the reservoir. Moreover, the Ken Gharial  Sanctuary, located downstream of the proposed KBLP, is also likely to be affected due to stoppage of freshwater flow in the river.

The proposed link canal would submerge thousands of hectare cultivable land at Chhatarpur, Tikamgarh and Jhansi. Gangau and Bariyarpur dams are situated downstream of the proposed dam. The irrigated area from both projects could get seriously affected due to the proposed link. Thousands of hectares of cultivable land would be taken for canals in Chhatrpur and Tikamgarh. People from scores of villages near Dhaudhan would be displaced due to the proposed dam. A major part of the Panna Tiger Reserve would also be submerged due to the reservoir.

The Gangau dam is the feeder dam for Bariyarpur weir, which will receive no water from the Ken river during non-monsoon months. Even during monsoon, while the Greater Gangau Dam will be filling there will be no water either for the Gangau dam or the Bariyarpur weir and its command areas. Hence Ganga and Bariyarpur reservoir may become dry for most of the year if all the water in the Ken river is stored in the GGD and is diverted to Betwa basin.

The excess water in Betwa basin could create water logging in Hamirpur, Mahoba, Banda and Jalaun districts. The excess water could also make Hmirpur, Bnda and Jalaun districts flood prone. The groundwater development in all three districts is very low, at 10% in Banda and 12% in Hamirpur and Jalaun districts.

Also, destruction of over 3,750 ha of rich forest due to the GGD alone will have serious adverse impact on the environment. This would mean loss of wildlife and all the biodiversity,  loss of whole system of rain water absorbing ecology and  subsequent increase in water flow in the monsoon and decrease in the water availability in non-monsoon months, shrinkage of resource base of surrounding population and of living space for wildlife.

Further, the total quantum of displacement due to submergence is not known  either to prepare any just rehabilitation and resettlement plan or take their free, prior and informed consent about the project or any of the options of irrigation needs of the region. Also, the people already displaced by the dams in Ken and Betwa basins are yet to be fully and justly settled. Unless that is achieved any further displacement in the basin cannot be considered as recommended by the World Commission on Dams.

The Centre pushed the KBLP down the throat of Uttar Pradesh and Madhya Pradesh in spite of the existence of serious differences between the states regarding sharing of water of the two rivers .The fact that under the constitution water like agriculture is also  a state subject did not seem very important to the NDA government  while dictating  the MOU. It remains to be seen whether the states will abide by the MOU once the project moves from the drawing board to the ground. The future of the project will also depend on how the affected people who have not been consulted or taken into confidence about the implications of the project will react once construction begins.

The MOU was signed in spite of the fact that the Supreme Court and the National Green Tribunal are hearing separate petitions challenging the environment clearance given by the Ministry of Environment and Forests to the project.  The reports of both the Forest Advisory Committee (FAC) and the Supreme Court appointed Central Empowered Committee (CEC) have warned  that the project in its present form will only result in the environmental destruction of the region it is proposed  to develop.

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Delhi is well-known for its various memorials, mausoleums and the final resting places of royals and many prime ministers of democratic India. From Humayun’s Tomb to Raj Ghat, the Samadhi of the father of the nation, Shakhti Sthal, the memorial to the only woman prime minister of India, to Veer Bhoomi, where the remains of former prime minister Rajiv Gandhi rest, these memorials are a must see on the itinerary of dignitaries, history buffs and tourists.

Today, there are many pyres burning in Nigambodh Ghat, khabaristhans and even parks turned into crematorium across Delhi, victims of the callous attitude of the Government ruling from Raisina Hills in the capital city. Alas, there will never ever be a memorial or not even a stone to mark their resting place. They breathed their last gasping for precious oxygen which was in short supply at hospitals in the various corners of Delhi.

Medical oxygen got over even in the premier medical institute of India, the All India Institute of Medical Sciences. All chest thumping by Prime Minister Narendra Damodar Modi of having fought the pandemic successfully proved to be of little use as the second wave of COVID-19 caught the NDA government off-guard. The Prime Minister soon declared that vaccine will be made available for all citizens above eighteen years of age.

But what followed that declaration, that the states will have to bear the cost of the vaccination, at a higher price, shocked the nation. There was a hue and cry from chief ministers during their meeting with the invincible Prime Minister on April 23.

To add insult to injury, soon it became evident that Serum Institute of India would be selling vaccines to the States at a price much higher than what it charges other nations.

A Prime Minister who was busy hosting US President Donald Trump and his entourage when the first wave of COVID-19 hit the nation and was in denial mode for a brief period failing to act promptly, has once again proved his shortcomings in assessing the grave emergency situation. Mr. Modi is behaving much like an ordinary politician than a statesman, a shame to the position he occupies, one that had been held by much learned and efficient leaders, be it the first Prime Minister of India Jawaharlal Nehru, one whom the present incumbent blames for all the perceived backwardness of the nation, or the one whom he succeeded, an economist who has taken the nation to lofty heights and paved the way for its economic growth.

Will the distressed spirit of the people who died as a result of the incompetence of leaders come to haunt them and end their reign once and for all? Only time will tell, until then we will helplessly watch the fire in Luteyns’ Delhi spreading across the nation engulfing many innocent lives!

PS. I have borrowed the heading from the title of a book by William Dalrymple.

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With one stroke of the pen the Bill reduces the Council of Ministers and Legislative Assembly of Delhi to mere talking shops without any   legislative or executive powers. The Bill gives absolute powers to the LG by declaring him/her to be “the Government of Delhi.”

It provides that the opinion of the LG shall be obtained on all such matters as may be specified by the LG, before taking any executive action on decisions of the Council of Ministers of the Delhi Government. It curbs the Delhi Assembly’s power even to conduct its own business as per the rules of procedure made by it.

The Bill also prohibits the Legislative Assembly from making any rule to enable itself or its committees to (a) consider the matters of day-to-day administration of the NCT of Delhi and (b) conduct any enquiry in relation to administrative decisions. Further, any provision in force having the above said effect will be void. The bill as a last nail on the coffin provides that the opinion of the LG must be obtained before taking any executive action on decisions of Delhi Government, on such matters as may be specified by the LG!

In this context this columnist is reminded of the words of socialist leader H.V.Kamath  at the inaugural meeting of the People’s Union for Civil Liberties (PUCL) at the Vithal Bhai Patel House during the Internal Emergency. Speaking  about the infamous 42 Constitution  Amendment brought by the Central Government , Kamth said  “ They are not amending the Constitution, they are not mending it, they are ending it.”

Ironically, the Bill also effectively circumvents  the  4 July 2018 ruling of the Constitution Bench of the Supreme Court of India, comprising the then Chief Justice of India, Dipak Misra, Justices A.K. Sikri, A.M.Khnwilkar, DY Chndrachud and Ashok Bhasin.

In the Government of NCT of Delhi v. Union of India, the Supreme Court had ruled “the LG is an administrative head in the limited sense, and is not a Governor. The LG had no independent decision making powers. He is bound by the aid and advise of Delhi Chief Minister headed-Council of Ministers of the NCT Government of Delhi on all matters except those pertaining to police, public order and land.

The Supreme Court had also observed that the elected representatives and the Council of Ministers of Delhi, being accountable to the voters of Delhi, must have appropriate powers so as to perform their functions effectively and efficiently.”

The Supreme Court had also pointed out that “the exercise of establishing a democratic and representative form of government for NCT Delhi by insertion of Articles 239 AA and 239 AB would turn futile if the Government of Delhi that enjoys the confidence of the people of Delhi is not able to usher in policies and laws over which the Delhi Legislative Assembly has power to legislate for the NCT of Delhi.”

The Supreme Court had also ruled the L.G still had the right to seek the President’s opinion in case of a disagreement between him/her and the government of Delhi. The president who is bound by the aid and advice of the Prime Minister headed Union Cabinet of Ministers would be the final authority in case of a conflict, with his or her opinion binding on both the LG and the Delhi Government. The SC cautioned the LG to use this power only in exceptional circumstances and not in a “routine or mechanical manner”.

Significantly, the Supreme Court also ruled that “ THERE IS NO ROOM FOR  ABSOLUTISM AND THERE IS NO ROOM FOR ANARCHISM ALSO”, in the governance of National Capital Territory of Delhi. The Court also pointed out that although Delhi had a special status, it was not a state, hence unlike state governors the LG was not a mere constitutional figurehead, but also bore the title of administrator.

With such a detailed ruling by the constitution bench of the Supreme Court of India on the powers of the LG and the elected government in Delhi, there was actually no ambiguity at all about anyone’s role in the governance of Delhi.

Defending the Bill in Parliament BJP MP Bhupender Yadav said the Bill is in line with General Clauses Act 1897. The purpose of the General Clauses Act 1897 was: a) to avoid  superfluity, b) to shorten the Central Acts, c) to give definition of terms in common use. Superb defence by Ydav! The Government of the National Capital Territory has been redefined in the Bill as the LG.  Nothing, not even leaf can move without his or her knowledge or consent. Everyone, the elected Chief Minister and the Council of Ministers, the members of the Legislative Assembly and even the people will be responsible to the LG.

Under the Constitution of independent India, Delhi became a Part C State,  that is a political unit that enjoyed the least amount of autonomy from Central control and supervision. In 1956 when the States Reorganisation Commission abolished Part C states Delhi became a Union Territory. And from1956 to 1967 the only popularly elected body in Delhi was the Delhi Municipal Corporation.

In 1966, a Metropolitan Council was installed in Delhi. An interim Council was appointed by the Central Government. Elections were held early in 1967 along with the general elections. Unlike the Municipal Corporation, the Metropolitan Council covered the whole of Delhi. The Council was essentially a forum for debate. It had no legislative or executive powers. The real authority in the Union Territory was the LG.

The BJP will do well to remember that it was the Jan Sangh in the 1960s and 1970s that demanded statehood for Delhi. In fact, following the victory of the Janata Party, the then Convener of the Janata Party in Delhi , V.K.Malhotra,  declared that his party was committed to statehood for Delhi. The BJP is frittering away the fruits of years struggle by people who came before them to replace peoples mandate through absolute rule.

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I was born in 1929. World War II started when I was 10, and it ended when I, then 16, was about to end my studies in school. My juvenile years were the war time and the period struck poor Indians the worst. All resources and essential materials went to the war effort, be it food or fuel. That left places like Bengal to famine and death by hunger.

Mine was a village in the princely state of Cochin, now in the Malayalam-speaking Kerala state. But then, Cochin was my country and the Maharajah was our God. The first lesson of Class I text used to be a poem (in Malayalam) beginning:
“Who is the king, my mother?
He is God, my son.”

Our kings used to be kind and very old when they ascended the throne after a long chain of deserving candidates died. That was one reason they were not aggressive and adventurous, and beneficial to us too, young school children. The benefit was they died soon and we got a holiday frequently.

All families in the village were farmers except one or two like mine whose head was a government servant with a salary of about Rs. 10. The farmers lived comfortably with the rice they harvested, a part of which they sold for high war-time prices and the rest they kept for own consumption. The low-salaried employees were struck with scarcity. People were accustomed to eating rice only, but there was no rice in ration shops. Instead wheat or imported maize was supplied. People did not know how to cook them. They boiled the wheat and maize, and reluctantly ate the stuff.

Women were the worst victims of war though they didn’t risk the killings and maiming on the fighting front. Kerosene disappeared from shops and they had to cook with firewood gathered from forests miles away. Rows of women with long bundles of firewood on head could be seen in the morning on the road to homes and sometimes to the town to sell. As a boy on school holidays, I remember I used to go to the forest with my mother and carry a small bundle of firewood home. Of course the forest was nearer to the village then. Now there is no forest around and my village and the forest have been devoured by the town.

Motor transport had not appeared big. Buses appeared with a big cylinder attached on the back in which charcoal was burnt to make gas that was taken to the cylinders of the engine for combustion. The driver, conductor and the cleaner had to work early morning for hours to start the vehicle, and make it roadworthy. Anyway, children walked four or five kilometres to school in town. I had never got into a bus during school days.

Many young men had joined the army, or the workforce meant for building road etc. in distant lands for war effort. There were no phones or mobiles those days and the fastest communication that reached home was a telegram. That most probably would be to intimate somebody’s death. Even if it were someone announcing his coming home shortly, there would be no one to read it and his people would start wailing till someone like me read and interpreted it for them. Yes, I was the only one there going to school and could read English.

The farmers in the village found no use in sending their children to school some five kilometres away in town; the boys could be of help in tilling the land. The illiterate families made use of my services to read and write letters to their dear ones in distant land. They gave me one anna (one-sixteenth of a rupee) for the service. Especially young wives who wanted their letters to husbands to be kept secret dictated to me what to write; they had full confidence in me not to divulge the contents to their mothers-in law. They gave me two annas and gifts when their husbands came home on leave. These sundry earnings helped me to buy lunch in town on schooldays, which otherwise I had to forgo.

There was a village library nearabout and I was a voracious reader especially of short stories of modern Malayalam writers Pottekkat, Thakazhi, Ponkunnam Varkey and Basheer. Inspired by them, I wrote some five stories and gave a heading Nammude Paavangal (Our poor) and gave it to the Electric Printing Works in town with no hope of getting published. To my pleasant surprise, the manager called me and said it would be published. He had got it assessed by my Sanskrit teacher K.K.Raja who had recommended its acceptance. That was the only Malayalam book I wrote that too while studying in school. I got a royalty of Rs.20 which I gave my father who was surprised to know I earned more than his salary for a book.

Those were the years of turbulence and also national awakening. Gandhiji had called the British to quit India. He and other Congress leaders were jailed. There were meetings and agitations in the urban areas against the British Raj.

Some students of my college attached to my school (St. Thomas, Trichur) took out a procession to the Central Jail, Viyyur, located near my village. I was on my way back from school and saw an elderly friend of mine in the procession that was shouting slogans to release political prisoners in the jail. I too joined the procession with the clutch of school books in hand. Soon the leader of the procession spotted me and pointed out that I was underage and could not join the agitation. I was disappointed, but was spared the severe lathi beating by the police, a few miles ahead. The processionists lay down on the road and were rudely dragged to the police van. In the police station, their names were noted and were let off with a warning.

Those lists helped them later to be recognised as freedom fighters and earned them pension and Thamrapathra. Poor me, though spared of the beating, was deprived of the status of a freedom fighter for life. However, later I got the Independence medal from the Army for being in service at the time of India attaining freedom, August 15, 1947. That of course is another story.

I passed matriculation as the war ended and there was no scope of entering college. There was no work and no way to earn. I wrote another book of stories and gave it to the press. It was returned as K.K.Raja opined it was too revolutionary with communist ideas. I was thoroughly frustrated and threw the manuscript into the river on my way back home. That was the last Malayalam book I wrote.

The change from a student to an unemployed young man made me sort of guilty conscious. There was no possibility of getting a job in the state. I entrained to Madras where I had a relative employed and became his unwelcome guest. I walked the city seeking a job. There was I on the road in the hot summer sun clad in dothi and shirt and barefoot. I could speak English, but seeing my condition, no one entertained me in posh offices in the multi-storey buildings.

Days of wandering brought me to the Army recruiting office. There was a crowd of young men, healthy and muscular, undergoing tests in various stages of undress. Seeing them I lost hope. Anyway I ventured to a Havildar who eyed me with pity. But the matriculation certificate I extended made all the difference. Matrics were hard to get those days. He took me to the recruiting Officer who sent me straight to the medical officer. After inspection, he said I was all right but for shortage of weight. “Weight will be made up,” said the recruiting officer. I was enrolled and a movement order was made to the Army Ordnance Corps Training Centre, Ferozpore (Punjab). A military special was to start in the evening and I was to get into it. I went to tell my host, collected my bag and got into the spacious train.

I was enrolled in the British Indian army in June and India got independence in August. When I boastfully wrote this to a friend, he replied: “With soldiers like you, the British must have realised they couldn’t defend their colony any more.”

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One of the main features of Tikait’s struggle was to keep party politics away from the centre stage. No politician was allowed to take the stage during the struggles and politicians were kept at arms’ length. Tikait had no political ambitions and did not fight any election until his death in 2011. He adopted the principles of non-cooperation and non-violence in his struggles. At one time he advised farmers to stop paying electricity bills. The farmers leader also had a group of experts to advise him and to negotiate with the government.
In the current agitation farmers day to day problems have been relegated to the background and the repeal of the three agriculture related central acts has become the single point programe. In Punjab, the farmers agitation started in June 2020 immediately after the promulgation of the three ordinances. It intensified after parliament passed the three bills in spite of the demand from several members of parliament to refer the farm bills to a select committee before it became law.
Like in 1988, power, it is clear has blinded the ruling BJP with its majority of 303 seats in the Lok Sabha for the Modi government did not even think it proper or necessary to consult the Akali Dal, the BJP’s oldest ally in the National Democratic Alliance (NDA) forcing the lone Akali Minister in the Union Cabinet Harsimrat Kaur Badal to resign in protest.
While in1988 the farmers moved from Meerut to Delhi with comparative ease in November 2020 they had to fight their way from Punjab to Delhi facing teargas shells, water cannons and trenches dug on national highways.
Initially, just like in 1988, the Modi government argued that the agitation was confined to only the ‘rich farmers’ from the Punjab. Many BJP supporters also alleged that the agitation was being led by Khalistani elements inside and outside the country. As the farmers continued their agitation peacefully the government gradually shed these views and started negotiations with the farmers. While the government insisted the acts were beneficial to farmers the latter stuck to the demand that the acts be repealed. Several rounds of talks between the farmers and the government have not resolved the dispute.

The farmers unions have taking a leaf from Tikait has so far kept political parties and politicians away from the agitation. While everyone is welcome to lend support no representative of any political party has so far been invited or allowed to speak from their stage.
And following the quite avoidable violence on Republic Day, the Delhi police went on a fortification spree at all borders of Delhi with neighbouring states of Uttar Pradesh and Haryana as if the police were preparing for a prolonged war with the farmers . The unreasonable and ludicrous actions of the police have been condemned by all opposition parties. The farmers protest has also been gaining international support from both celebrities as well as world leaders.
One only hopes that the Modi government sheds its majoritarian attitude, repeal the agriculture laws which, by all accounts, blatantly violate the federal structure of the Indian constitution and will adversely affect the livelihoods of crores of small farmers and agriculture labour in the country.

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Adjudicating on a review petition to increase the compensation to the dependents of an young couple who died in a traffic accident in 2014 in Delhi a Supreme Court bench of Justice N.V.Ramana and Justice Surya Kant enhanced the compensation to the dependents of the couple (Vinod and Poonam) to Rs.33.20 lakhs from Rs.22 lakhs decided by the Delhi High Court.

Supplementing the judgment of Justice Surya Kant Justice Ramana drew attention to the bias against valuing women’s work by quoting the Supreme Court judgment in Arun Kumar Aggarwal v.National Insurance Company Ltd.(2010) 9SC218. “This bias is shockingly prevalent in the work of Census. In the Census of 2001 it appears that that those who are doing household duties like cooking, cleaning of utensils, looking after children, fetching water, collecting firewood have been categorised as non-workers and equated with beggars, prostitutes and prisoners who according to the Census are not engaged in productive work. As result of such categorization some 36 crore women have been classified as non-workers in Census 2001.”

And according to the 2011 Census nearly 159.55million women stated that household work was their main occupation compared to 5.79 million men. Similarly, ‘The Time Use in India 2019 Survey report of the National Statistical Office of the Ministry of Statistics and Program Implementation revealed that on an average women spend 299 minutes a day on unpaid domestic services for household members as against 97 minutes spent by men. Also, women spent 134 minutes day on unpaid care giving services for household members as against 76 minutes spent by men.

One method of computing the notional income of a homemaker for the purpose of payment of compensation is by using the formula provided in the Second Schedule to the Motor Vehicle Act, 1988, which has now been omitted by the Motor Vehicle (Amendment) Act 2019. The second schedule provided that the income of a spouse could be calculated as one-third of the income of the earning surviving spouse. The rational behind fixing the ratio as one third is not very clear, Justice Ramana pointed out.

There are however, other rational methods of calculating a homemaker’s notional income. One, is the ‘opportunity cost’ which evaluates her wages by assessing what she would have earned had she not remained at home, that is against the opportunity lost. The second is ‘partnership method’, which assumes that marriage is an equal economic partnership and in this method, a homemaker’s salary is valued at half her husband’s salary. A third is the ‘replacement method’ where through careful evaluation one determines how much it will cost to replace the homemaker with paid workers.

The Supreme Court also ruled that in case a deceased was self-employed or on a fixed salary, an addition of 40 percent of the established income should be the warrant where the deceased was below the age of 40. An addition of 25 per cent to be made where the deceased was between the ages of 40 to 50 years and 10 percent for those between 50 to 60 years.

The main argument raised by the Insurance Agency against the order of the Motor Vehicle Accident tribunal concerned the payment of 40 per cent of the total compensation for ‘future prospects’. The argument that no such future prospects ought to be allowed for those with notional income is both incorrect in law and without merit considering the constant inflation induced increase in wages the supreme court order said. The grant of future prospects with respect to homemakers for grant of compensation on a pecuniary basis is a settled proposition of law the order pointed out.

Courts normally face two kinds of situations to determine notional income. First where the victim was employed but the claimants cannot prove actual income. In such cases court fixes the income on the basis of qualification, general earnings in the field, quality of life being led by the victim and her family. The second situation concern determining the notional income of a nonearning victim,like child, student or homemaker.

Interestingly, all the three courts which dealt with the case, the Tribunal, the High Court and the Supreme Court while calculating the compensation for the deceased couple assigned a higher amount for the woman. The Tribunal fixed compensation of Rs.26.57 lakhs and Rs.14.14 lakhs, the High Court Rs.12 lakhs and Rs.10 lakhs and the Supreme Court Rs.17.4 lakhs and Rs.15.8 lakhs, respectively, for Poonam and Vinod.

However, Justice Ramana said that there can be no fixed approach for fixing the notional income of a housewife. In such cases the attempt by the courts is to fix the approximate value of all the work that a home maker does. Courts must award just compensation in such cases, he added.

During arguments of the case it was mentioned that the High Court reduced the compensation awarded by the Tribunal following a consensus reached by the counsels. “ …any concession in law made in this regard by either counsel would not bind the parties ,as it is legally settled that advocates cannot throw away legal rights or enter into arrangements contrary to law,” the Supreme Court ruled.

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While the bail order of the NIA court judge Anil K. Bhaskar is based on close examination of the prosecution submissions, rational arguments and legal precedents the High Court order is based on pure imagination and misplaced nationalist sentiments.

The Supreme Court, in fact every court in the country, exists to be on the side of the common man who needs constant protection against executive insolence, corruption and incompetence. However, the Kerala High Court order in the UAPA case is so full of legal infirmities that commenting on the order Gautam Bhatia, a leading legal critic, wrote “You are guilty if there is evidence against you. You are also guilty if there is no evidence against you, because that only shows how good you are at operating scrumptiously. The state always wins.”

Italian philosopher Giorgio Agamben years ago wrote “ the voluntary creation of a permanent state of emergency has become one of the essential practices of contemporary states, including the so called democratic ones- radically erasing the legal status of the individual thus producing a legally unnamable and unclassifiable being. Neither prisoners, nor accused, but simply detainees, they are objects of a pure de facto rule.”

In the name of national security, extraordinary draconian laws meant to deal with extraordinary situations have become part of the new normal. While TADA and POTA have disappeared, the UAPA 1967 (every Indian should remember that the law has been on our statute books for more than half a century and we did nothing to repeal it) was revived with lethal amendments and has been for more than 12 years now an oppressive feature of the governments both at the centre and the states irrespective of the party in power.

People have only the courts for protection from the oppressive overreach of state power and the Indian courts have been by and large protective of individual liberty. It is under these circumstances that one finds the latest Kerala High Court ruling in the UAPA bail case very alarming.

Two students Allan Shuaib and Thwaha Fasal, were arrested by the Kerala police in November 2019 under the UAPA alleging that they were supporting proscribed Maoist groups, which have been declared as terrorist organisation. Later, the NIA took over the case.

Granting bail to the two students on 9 September 2020 a special NIA court in Kochi said the mere possession of Maoist literature, presence in anti-government protests or strong political beliefs does not make a person complicit in terrorist activity.

In his bail order NIA judge Anil K. Bhasker said, “Considering the facts and circumstances of this case, balancing the aggravating and mitigating circumstances, and taking care of the competing rival interests, I find the judicial discretion available with this court, is to be exercised in granting bail to both petitioners.”

The NIA court found that most of the documents seized from the homes of the two students were freely available in the public domain. The court observed that none of the documents pertain to any violent terrorist activity by the two arrested students.

“The documents prima facie does not indicate any attempt to excite the people to violently protest against the government’’ the order pointed out. “Right to protest is a constitutionally guaranteed right … a protest against policies and decisions of the government, even if it is for a wrong cause cannot be termed as sedition or an intentional act to support cession or secession.” The judge added.

The “objectionable writings produced as evidence against the accused students were not banned and did not prove any attempt to create any hatred or contempt to the government of India nor does it excite any disaffection,” the order said.

Setting aside the excellently reasoned order of the NIA court judge Bhaskar, the two honorable High Court judges instead of complimenting him has issued a warning in the concluding paragraph of their order:
“We would also like to remind the learned judge that the impugned order has been prepared as if it is a court of record which was unnecessary. Similarly, the learned Judge, while quoting some judgments of the Apex Court, has stated the names of the Hon’ble Judges who authored the judgments which is unwholesome.”

Do our Lordships realise that “unwholesome” means damaging for your life, either physically, morally, or emotionally? The oppressed and marginalised people of India, one is certain, will find the NIA Judge Bhaskar’s order quite WHOLESOME.

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While the term ‘love-jihad’ is not used in the ordinance it is well-known that the ordinance has been promulgated basically to prevent it. There is no authoritative definition available for the term; also there has been so far no evidence for the phenomenon which has been described by ‘people in the know’ as a well-planned operation by handsome Muslim youth to lure young women from other communities with a view to increase the population of Muslims!

The phenomenon was first ‘noticed’ in Kerala. From there it migrated to Karnataka and slowly travelled to the North and arrived in Gorakhpur, Uttar Pradesh by the summer of 2014. There have been a number of complaints with the police as well as cases in the courts, including the Supreme Court of India regarding love-jihad.

The National Investigation Agency (NIA) on the direction of the Supreme Court investigated the matter and concluded that there was no evidence for the phenomenon. However, some State governments and certain sections of the population have no faith in the NIA and ‘ believe’ that love-jihad exists. After all the government has to honour faith or rather the belief of the people!

First, the U.P. Ordinance makes unlawful conversion, including by marriage, cognizable and non-bailable so that anyone arrested under the ordinance is sure to spend several years in jail even when the accused is found not guilty by a court of law.

Under the ordinance there are three categories of punishment and fine for unlawful conversion. Those found guilty of conversion by “misrepresentation, force, undue influence, coercion, allurement or by any other fraudulent means” ordinarily will face jail of one to five years and a minimum fine of Rs.15,000.

In case the conversion is of a minor, scheduled caste, scheduled tribe or a woman, the guilty will face a jail term of three to 10 years with a fine of Rs.25,000. And, in case of mass conversions (conversion of more than two persons is mass conversion according to the ordinance) the guilty will face jail term of three to 10 years and a fine of Rs.50,000.

Article 25(1) guarantees freedom of conscience and free profession, practice and propagation of religion: subject to public order, morality and health, to every citizen and not merely to the followers of one particular religion, that in turn means that there is no fundamental right to convert another person to one’s own religion because it would impinge on the ‘freedom of conscience’ guaranteed to all citizens of the country alike.

Section 2(1) of the UP ordinance introduces a new character, “religious convertor” and creates room for harassing people on mere suspicion. Freedom of conscience under Article 25 is not confined to the right to adhere to one’s own religion but also to abandon one’s religion and adopt another according to the dictates of one’s judgment or conscience. The change may be done on one’s own volition or on the persuasion of another person so long as objectionable methods are not employed. Either way, it is a legitimate exercise of the right to freedom of conscience and by no stretch of imagination can be considered a criminal act.

For in Stainslaus vs the State of M.P., (AIR 1977 SC908) the constitutionality of the M.P. and Odissa Acts was challenged on the ground that: (i) they violate the right to propagate one’s religion under Article 25 (1) and, (ii) the State legislature lacked the legislative competence to enact such law as the matter of religion fell within the residuary Entry of List I. It was held by the Supreme Court that Article 25(1) by giving the right to propagate one’s religion does not grant the right to convert another person to one’s religion, but to transmit or spread one’s religion by expression of its tenets.

As to legislative competence of the State Legislature it was pointed out that the right to freedom of religion is expressly made subject to public order, morality and public health. However, one fails to understand how inter-faith marriages affect public order. With the changing times thousands of interfaith marriages take place in India every year. There have been so far no reports of any serious breach of public order from any part of the country on account of inter-faith marriages. In fact, in U.P., after the promulgation of the ordinance there have been attempts by certain sections of the people to disturb public order on account of interfaith marriage.

The strangest provision in the new law is that it does not prohibit re-conversion, even forcible re-conversion. Section 3 of the law says “…if any person reconverts to his /her immediate previous religion, the same shall not be deemed to be conversion under this Ordinance.” Section 4 enables any person who is related to the one converting by blood, marriage or adoption to lodge a compliant. And Section 9 says that the process of conversion will be complete only after the district magistrate hears any objections the general public may have regarding conversion of an individual. The names of those converted will be displayed outside the office of the District Magistrate like the list of bad characters (BCs) displayed t police stations. Freedom of conscience and religion guaranteed by the Constitution has no sanctity, according to the Ordinance.

Further, contrary to time-tested practice in criminal law the burden of proof to establish that a conversion is lawful lies on the person who has caused the conversion. The opinion of the person who has converted is immaterial. The law is primarily aimed at fixing the ‘convertor’. In all this the police have been given unbridled power and therefore it is sure to be widely misused to harass the Muslims.

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When I reluctantly shifted base here five years ago, abashed at being branded a Gulfie and aware of the caricatures of the NRI in movies, I did not expect to fall in love with life here. First I fell in love with the quality of life it offered– good roads, good infrastructure, disciplined driving, the best of products and produce from all over the world, efficient administration, and most importantly, just letting me be. I could walk around without being self-conscious of my gender, dress code or faith. There was no ogling, no eve teasing or racial slurs. Everyone minds their own business, that is.

Next I fell in love with its national anthem, so I got my children to sing it whenever I could in the first year after they learnt it at the school assembly. I don’t miss a chance to listen to this day.

“Ishy bilady” — which translates to “Long live our country” in English — goes the national anthem in Arabic. The tune, I learn, was by Egyptian composer Mohammed Abdel Wahab, and the words were set by Dr Aref Al Sheikh, an Emirati poet and scholar. The tune preceded the lyrics, and Dr Al Sheikh performed the rare feat of matching meaningful patriotic lines for the music in three days’ time.

Click here for the video

Google is celebrating UAE National Day 2020 with an animated doodle of the national flag aflutter. The UAE flag was first raised on December 2, 1971 by HH Sheikh Zayed Bin Sultan Al Nahyan to mark the country’s union. The flag’s pan-Arab colours are significant — green stands for fertility, hope and love, white for peace and honesty, black for solidarity and strength of mind, and red for courage and strength. Contrary to popular belief, black does not signify the country’s oil reserves.
The UAE flag was designed by a young Emirati named Abdullah Mohammad Al Maainah in response to an advertisement for a flag designing competition. He later went on to become the UAE Minister of Foreign Affairs, which shows the possibilities that the country offers to those who dare to dream.

Many Indians have also made it big in the UAE, some with fantastic rags-to-riches stories, helping their motherland prosper in the process. Kerala’s success and prosperity is a case in point.

With the UAE “looking to the future with optimism, anticipating its horizons, and pre-planning its paths”, in President Khalifa bin Zayed Al Nahyan’s words, expats and citizens alike join in the festive mood – be it watching the fireworks and laser displays at the various iconic landmarks or feasting in restaurants while adhering to COVID-19 protocols.

A country that could make a megalopolis of a desert, attract tourists with man-made wonders and best of brands, provide an oasis of tolerance in a climate of growing intolerance world over, rein in the pandemic with determination and teamwork, and aim for the moon literally is a country worth emulating and worth living. The sky is the limit here, you see. Or should we say, sky is not the limit?

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In 2014, when there was an Ebola virus outbreak in West Africa, women were more likely to get infected and sick since they were the one who took care of the infected family members. Scenario is directly or indirectly same in case of COVID 19.

According to a recent analysis by McKinsey Global Institute, women are more vulnerable to COVID-19 related economic effects because of the already existing gender biases and women entrepreneurs and employees are suffering the negative impact of this crisis to a greater extent than men. The study states that in India female job loss rates owing to COVID-19 are about 1.8 times higher than the male job loss rates. Since 70% of Health care workers and front line workers are women they are at utmost risk of infection. Women bear the silent and essential burden during crises as primary providers of care at home and in health care settings. Lock down has had the most impact on mental and physical health of women.

The National Commission for Women has reported that domestic violence against women has reached the peak in the last two months. According to government data 55% women are not using public health services since the lockdown has begun. Young girls, adolescents, and adult women remain at greater risk of exclusion from the health system even after the pandemic.The number of malnourished women has been triggered. Psychological abuse and negligence of mental is the precursor which lead the mental health in women face the worst curve which include negative self-perception, persistent erratic mood, anxiety, inability to experience pleasure, difficulty with attention, memory loss, changes in appetite and sleep, fatigue, bodily pains, depression, suicidal thoughts. In addition to this, there has been an exponential increase unpaid care work with school closures and heightened care needs of family members at home. When it comes to the field education only 29% of Internet users in India are female, and there’s a tendency for families with limited means to give preference to boys for schooling. So this pandemic has wrecked womanhood pathetically in all possible ways.

Thus like any other dreadful crisis, this pandemic crisis is also gendered and females are high flown than men especially in a developing country like India. But the backbone of India is always a feminine spinal cord.70% of the frontline workers are women. The most auspicious festival of India, Dussehra was most realistic and authentic in 2020 because the Goddess has actually reached the earth for the aid of the devotees, saving them but the ornaments were not a diamond studded necklace and ring but a stethoscope, laryngoscope, khaki and even a broom.

The need of a feminist wave is manifested in a finer way by the success rates of the female governed countries like Taiwan, New Zealand, Germany and some Nordic countries. Whenever the world witnessed such a gender inconsistency or a threat to the womanhood the only salvation which came for the rescue was the waves of feminism. Thus it is prerequisite for the next wave of feminism to transpire before the upcoming wave of COVID or else the biases and inequality will be worsened than ever before.

Charles Fourier, an utopian socialist and French philosopher, realised the exigency of such a saviour and gave birth to the word “féminisme” in 1837. The words feminism and femifirst appeared in France and the Netherlands in 1872, Great Britain in the 1890s, and the United States in 1910.Types of feminism include liberal feminism, radical feminism, Marxist and socialist feminism, cultural feminism, eco feminism. Although initially it was coined to ensure the basic human rights for women, today it is a social moment which focuses on the betterment of the whole society. The women who fought for the right to vote called Suffragette are the very first examples of feminism.“Stri Purush Tulna” the very first feminist book of India written by Tarabai Shinde in 1882, has explained the need of feminism in a country like India.

During the bygone times gender relationships were based on a concept known as “separate spheres.” In separate spheres, it was stated that men and women each had useful and necessary roles to play in society, but those roles were specific and distinct. According to this concept man’s job was to represent the family unit in public and make decisions that affected the family, while the woman’s job was to maintain order in the home and raise the children. Until the late nineteenth century, most legal systems officially classified women with children and the criminally insane in having no legal identity.

As of 1850, women didn’t have the right to vote, initiate divorce ,pursue higher education, open bank accounts, or even raise voice against any kind of injustice done to her. This situation faced a down curve after the first wave of feminism occurred in the 19th century. It focused on legal issues and succeeded in achieving subject matters like securing women’s right to vote.

The second wave of feminism that materialised in 1960s to 1980s had a slogan, “The Personal is Political,” and it fought against women’s cultural and political inequalities. Although it had to face a lot of controversies, this wave lasted for more than two decades. The third wave began in early 1990 and continued till 2010 until the fourth wave stormed in. It primarily tried to bring in communities that were previously left out of feminist goals and recognize the intersectionality of oppression. The fourth wave was the first feminist uprising of the technology era which began in 2012 and focused on women empowerment by the use of internet tools, and is centered on intersectionality.

Thus a wave of feminism has emerged for the rescue whenever there was a threat to the women community and this time more than a wave, tsunami of feminism is required because the antagonist is a virus and the savior clang which arrives for the cure(the medical team) is also 70% feminine oriented.

As Mary Wollstonecraft, the author of “VINDICATION OF RIGHTS OF WOMAN”, the very first feminist book once quoted “It is time to effect a revolution in female manners – time to restore to them their lost dignity. It is time to separate unchangeable morals from local manners.”

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