DELHI’S CHILLING INDIFFERENCE

Every winter, hundreds of homeless poor people die of cold in Delhi. This year,  a conservative estimate of the number of dead hangs around 100. The inaction and lackadaisical attitude portrayed by the government towards these lives is inhumane. It definitely does not reflect the manner in which a socialist and egalitarian society thrives and so the uncertainty looming large over the fates of these homeless people must be exterminated through an action plan.

And for that it becomes vital to know the extant mechanism which the Delhi government has in place to deal with this evil in a quest to make winters as enjoyable to the destitute as it is to the rich. The adequacy and implementation of the existing laws is another concern.

As per a newspaper  report in 2010,  Delhi had 40 night shelters back then, of which 25 were run by the Muncipal Corporation of Delhi (MCD) and the remaining temporary structures were run by the Delhi government. These structures could accommodate around 1,50,000 homeless people. Only two of these 40 night shelters were meant for women and children. And because they were not properly maintained, even the available capacity was far from being fully utilized.

Till 2010,  MCD used to have a “Slum Dweller and JJ Department” which was overtaken by the Delhi government through passing of the Delhi Urban Shelter Improvement Board  (DUSIB) Act, 2010. The objective of this Act was to form a DUSIB board which would provide shelter to the people living in slums and JJ colonies. The name must have rung a bell in your mind. Yes, the night shelter scam of Rs. 20 Crore about which we heard in January this year was perpetrated by the Babus working in the DUSIB constituted under this very Act. The scam had been unfolding over two decades and finally was discovered in January this year. The long overdue CBI inquiry is now underway and let us hope that the guilty get punished. So, the problem here is not of inadequacy of law but of implementation.

Delhi's poor fight the dipping mercury

Possible remedies by the enforcement of existing law or through PIL

In 1990 while deciding Shantisar Builders v. Narayan Khimlal Totale, [AIR 1990 SC 630] it was laid down by the sentinel of our fundamental rights, the Supreme Court of India that the right to decent environment and reasonable accommodation to live in is a subset of our bigger right, i.e., right to life. The Court went on to observe that the difference between a human being and an animal is, that for the latter, mere protection of its bare body serves wells but the former needs much more (suitable accommodation allowing to him to grow physically, mentally and intellectually). But what we see in practice is glaring indifference! Delhi government has not even afforded protection to the bare bodies of its people from the wrath of the weather.

Again in 1995, the apex court, in State of Karnataka v. Narasimhamurthy [1995 (5) SCC 524] held that right to shelter constitutes a fundamental right  under Article 19(1)(e) of the Constitution (which provides that all citizens shall have the right to reside and settle in any part of the territory of India) in the manner that the State has to provide facilities and opportunity to build houses for poor, who otherwise will be unable to exercise their right under article 19(1)(e). Moreover, land acquired by the state for the purpose of housing the underprivileged was interpreted as a public purpose under the Land Acquisition Act, 1894. The court went to the extent of saying that it is a constitutional duty of the State to provide house sites to the poor.

There is a legion of other Supreme Court and High Court judgments recognizing the right to shelter of all citizens which hold that the right finds its genesis in the conjoint reading of article 19(1)(e) and Article 21 of the Indian Constitution.

Moreover on 9^th Jan, 2012, acting upon a PIL filed by Peoples’ Union for Civil Liberties, Supreme Court issued a directive to the Delhi Government thereby asking it to ensure that  no deaths were caused because of cold.

To conclude, the problem can be remedied by concerted executive act under the DUSIB Act, 2010 or by petitioning Supreme Court by vigilant citizenry or NGOs like PUCL. But something must be done because our inaction is costing us human lives….

Popular Reaction to Political Arrogance: From Submission to Confrontation

In the recent past, the Indian populace has forced the Indian politics to take a giant leap towards a regime of responsibility and accountability. There is ample evidence backing this assertion be it the Delhi Medical Students’ protest against quota or reservation policy, or the Lokpal Movement or the Delhi gang-rape case etc.

Activists have been disclosing harsh facts, consequently enraging people to hurl abuses and shoes at politicians like Suresh Kalmadi, Chidambram, Sharad Pawar (who was even slapped). Ministers have been jailed, executive policies like first come serve (2G scam), challenged in the courts of law. The whole sentiment can be summarized as a pro-change missive requiring rulers to come out of their comfort zone and behave as responsible leaders.

But amidst all this, there are still a few things happening which should have gone anachronistic by now. In West Bengal, Mamta Banerjee secured the arrest of Professor Ambikesh Mahapatra under section 66A of the IT Act, 2000 for his caricature depicting her and Mukul Roy as conspirators behind Dinesh Trivedi’s ouster from Railway Ministry. In Tamil Nadu, a small time industrialist in Chennai tweeted that P. Chidambram’s son Karti Chidambram had amassed more wealth than Robert Vadra but instead of that comment forming a basis of any enquiry, the man was arrested for making an offensive comment again under Section 66A. Similarly, same provision was invoked to appease Shiv Sainiks by way of arrest of the two girls for expressing their view on the stillness in Mumbai brought out by Bal Thackeray’s death. Then Salman Khurshid publicly issued a life threat to Arvind Kejriwal and his supporters for their propective campaigning in his constituency Farrukhabad. Also, Assem Trivedi the cartoonist was arrested for a cartoon against corrupt politicians posted by him on his blog. The latest addition to the fray being Nitin Gadkari, he lambasted Income Tax Officials for proceeding against him and his Purti Group and said that they would get to see the ramifications of their misdoing during NDA’s tenure. But the uncommon commonality among all these is defiance. None among them bowed down before these mighty politicians but firmly stood their ground. 

This arrogance of politicians is not acceptable and they must be brought to book for their reckless attitude. There are provisions in law that can be pressed into service to contain such behavior but it’s never done probably because till now we have been accustomed to this kind of unchallenged submission. Why is the scope of legislative net expanded to nab the common man for raising his voice but contracted when it's target is a politician. Why the scope of reasonable restrictions, imposed on the Constitutional right of Right to freedom of speech and expression of a common man wider than that imposed on the same, of a politician? Why S. 505 of Indian Penal Code is not invoked when Sushil Kumar Shinde blames RSS and BJP for terrorism? I understand that the section can’t be invoked just because a political party has been hurt but then why treat same situation differently. I mean to say that at the time of Bal Thackeray’s death, the Palghar girls’ comment offended only the Shiv Sena, which is again ‘just’ a political party. This ‘why’ deserves an answer because it’s high time now. Being a law student, I have read that law is the king of kings and I believe that that the day is not far when it will act like king and not as an instrumentality of a king. Political arrogance is not acceptable in any society because it means betraying the faith of very people who elected them. If they want to show arrogance and deal with issues in a stern manner, then they should speak and act boldly on real issues like beheading of Indian soldiers at LOC, China’s building of infrastructure across LAC, rising inflation, corruption in politics, their swiss bank accounts etc. 

After 65 years of independence it will be very tough for the political class to continue to enslave and hijack this nation’s intellectual faculties and if they want to hold on, then they must perform their duties.

General request

The views which are expressed in the article below are my personal views.

Today, its necessary to talk regarding main frame politics. Many of my friends prefer not to talk regarding politics because some of them feel that politics is a stinking gutter and it will render them squalid. The policies of government, draconian regulations, irregularities in distribution of necessary funds for development, stepmotherly treatment to some states, religion, caste, race or some part of country and especially burgeoning scams in every way affect public.  India is a diverse and huge country with thousands of policies, different laws. Not necessarily every person is aware about it.

Recent, so called notifications and 'reforms' have boosted the morale of sensex and nifty but at the same time, the public is finding it hard to cope with high inflation rates. Moreover, so called 'investment favouring' finance minister P Chidambaram has indicated towards hike in oil rates and gradually ending subsidy by his today's concern regarding increasing subsidy. Arvind Kejriwal has been scraping out various scams which just remain declared and no judicial action is taken.

By raising all this concern, I just mean to request my friends to be concerned regarding raising problems and now if they get chance to vote then they should vote with their conscience not with fanaticism. Again I harp on the words that its time for us all to take gradual interest in politics and vote for a good candidate. Is this government justified in ruling us further?  I wait for your esteemed opinion.

The Sad Tale of "Son-in-Law" of the Nation

The recent exposes made by the Julian Assange of India, Mr. Arvind Kejriwal (though the comparison might not be fair as Mr. Kejriwal is not facing any humiliating trial) regarding the land deals of Robert Vadra were reacted upon by Congress as if it was an issue of national importance.

The allegation is that 3.5 acres of land purchased by Vadra at Shikohpur in Haryana @ Rs. 7.5 crore was sold to DLF @Rs.58 crore which is well above market rate. Mr. Ashok Khemka, an IAS officer after conducting his inquiry found that there was foul play involved. For this honourable work he has been dishonoured by transferring him to some other department (which can also be called demotion in crude terms).

Let us have a look at the defenses raised by the Congress. "We don't target the kin of politicians who are not in politics" says one of the senior leaders of Congress well known for his horribly novel thinking style.  I would like to ask this person if he is hinting at cartelization of politics or demanding legitimization of political quid pro quo or nepotism?

If it would have been the case of any other person, then probably Congress would have thought fit to initiate an inquiry. But not in this case, because Vadra is an honourable man and Kejriwal is yet to attain the status of Antony.

Towards the end I would just like to say that the system must not distinguish people on fallacious basis as it leads to erosion of popular faith on the government, which is the very edifice of a democracy.

Anti-corruption yatra or election campaign

The views expressed are the views of the author not the view of the group or any such body. The article is just views not facts.

Lal Krishna Advani, veteran BJP leader recently started his so called ‘Rath Yatra’. According to him, its against ‘black money’ and ‘corruption’. It looks more of an election campaign which 2 and half years advanced. Recently he was backed by Uma Bharti as PM’s candidate. His Rath Yatra has started a huge debate on BJP’s PM candidate. Some state that he has inner aspiration to be PM of this country. Incumbent congress government which is in shackles due to corruption and scams; seems to be loosing its confidence over people so other majority party which comes on card is BJP. I never deny the fact that Mr. Advani has huge contribution in building strong BJP but as it is said that everything has some specific time. Our country has over 50 % youth population, does Lal Krishna Advani really represent youth?

It’s now time that he should take on the role of mentor and some younger leader who represent youth, should take on responsibility. The possible candidates may be Narendra Modi, Arun Jaitley, Nitish Kumar, Sushma Swaraj and Nitin Gadkari. Nitin Gadkari is already party president but he recently stated to news channel that he is not in PM’s race. According to my opinion, Narendra Modi is most favoured candidate due to his towering development of Gujarat but the ghost of 2002 riots continues to haunt him. Possible candidate from Congress may be Rahul Gandhi. Other party candidates which show very least possibility are Jayalalitha (incumbent CM of Tamil Nadu) and Mayawati (incumbent CM of U.P.). Narendra Modi never entered in mainstream politics but he seemed to be interested as a there was glimpse of it in Gujarat.

Anna’s team i.e. civil society which has left no mile stone unturned to haunt Congress government finds no difference between the corrupt Congress and BJP. Congress still has 2 and half years in hand and it would be interesting to see whether they continue to be in leadership of Manmohan Singh or some other candidate. It would be very interesting to see whether they really sought to opportunity to improve image of their government. Is it possible for them to show strong political will against corruption, black money, inflation, draconian land acquisition laws? Are both the parties really determined to the good cause of the nation? Are people really ready to give up their partisanship and fanaticism for good cause of the people?

If its BJP’s yatra against black money then why BJP had not cleared their stance while the black money issue was hot during Ram Dev Baba’s fast? If its Yatra against corruption then why Mr. Advani is so determined to do Yatras rather then political debate for crusade against corruption? BJP had not allowed Parliament for debate for crusade against corruption for nearly three times. Time of Parliament was wasted. If it’s purely politics to take over the main control room the whole country then it’s the worst type of politics. If Congress is haunted by 2G scam, Adarsh scam and CWG scam then BJP has heaven of scams in Karnataka.

The country is suffering from problems and there is need for a strong leader who has political will to curb all these practices. Only time will tell who takes over the control room.

Thanks.

AN ANALYSIS OF CONGRESS

In the utter chaos that has taken over the national psyche over the past few days, I, like my billion other brethren, have borne witness to a combination of unsurpassed greed, unabashed arrogance and sheer brutality that has hijacked the grand old party of India – The Indian National Congress. If Gandhiji were aware that the party he used as an instrument to fight injustice would one day be reduced to a petty ‘front’ patronized by smugglers and thieves driven to defraud and destroy the nation he loved so dearly, he would probably have fasted unto death to rid this country of the scourge that is the Congress Party.

As a concerned Indian citizen, I shall make a humble attempt to put forth the unbiased, unadulterated and uncomfortable truth amongst all of you. I will also allow you to be the judge of what you consider to be the truth, unlike many in the ruling establishment, who would much rather preach to you than sit down and have a civilized discussion. The Congress has always believed that it possesses an exclusive right to run this country like its personal fiefdom, under the name and seal of one of the most revered sons that India has ever produced. A semantic coincidence led to a very convenient proposition for one particular family, and they have exploited that clever wordplay to its fullest ever since. The 5th of June 2011 may well be the last time that tyranny will be allowed a free hand in this country.

The surreptitious midnight laathi charge of Baba’s peaceful congregation, ordered at the behest of the Congress President Sonia Gandhi was perhaps one of the most brutal acts of state fueled tyranny that independent India has ever seen. It may be unnecessary to make shrill comparisons between this incident and what transpired at Jallianwallan Bagh or for that matter Indira Gandhi’s dictatorial imposition of the Emergency; but it is bad enough that this incident is being compared to such horrific chapters from our history. When a heartless government chooses to throw tear gas and resorts to police laathis to beat up sleeping women and children gathered to protest for a just cause, it is time to be very, very worried. Digvijay Singh would like us all to believe that Ramdev is a thug – very well, but then he must also explain why three cabinet ministers from his Government chose to receive him at the airport prior to engaging him in numerous closed door conferences. Incidentally, Digvijay Singh, the Congress General Secretary, is also the same person who publicly denounced Osama Bin Laden’s death and held a prayer meeting for his soul.

When these discussions with Ramdev amounted to naught, the Congress Plan B sprung into action with Kapil Sibbal leading the charge to discredit the same man they were fawning over just a few hours prior to their failed negotiations. The nation was also made privy to the fancy farce pulled off by Sibbal and Janardan Dwivedi, who claimed that Ramdev backtracked on his word, and betrayed the Government – which they proudly proclaimed by waving a sheet torn off from a spiral bound pad. At first this seemed like a legitimate complaint of the Government – after all a man should stand by his word. The truth that emerged later, however, was less than savory for the Government. Ramdev was coerced into writing a ‘draft’ letter for the Prime Minister, which comprised of the minutes of the meeting as well as his acquiescence to call off the fast when and if those demands were met. Little did Ramdev know, that this letter would be used by the shrewd cronies of the party to legitimize their midnight attack on the old and infirm. Very crafty indeed. The Congress has always prospered by conjuring images of a fascist regime taking control of the center and thereby ruining the ‘secular fabric’ of the nation.

As a liberal and educated Indian, I find the Congress’ attack on free speech and the Constitutionally protected right to peaceful protest most alarming. So grave is this attack on democracy and the Constitution, that even the Supreme Court was forced to take suo motu action and has issued notices to several functionaries of the Government to explain why this gross injustice was perpetrated upon the protesters. The White House issued a statement last night condemning the brutal police action against unarmed agitators in the harshest terms possible. Soli Sorabjee was even more scathing in his reproach – he equated the acts of the Government to Tianmenn Square in China, and wondered when the tanks would roll in to quell the people’s dissent. Even Anna Hazare has not been spared the vitriol by venom spewing party spokespersons of the Congress. Quite laughably, he has been called a fascist and corrupt element trying to mislead the nation. This is the same man they cajoled and swindled into giving up his fast unto death, negotiated with, and then finally buckled down to. Anna was awarded the Padma Bhushan, one of the highest civilian honors for his ceaseless service to humanity in India; but the Congress’s double speak and hypocrisy become all too apparent with their recent attempts to discredit him. Anyone familiar with debating circles will be well acquainted with the Ad Hominem rule of argumentation. It is a frowned upon tactic taken up by those who have weak positions and involves attacking the opposition’s character and maligning his image, instead of arguing on the core issues in question. Manish Tewari, Kapil Sibbal and Dwivedi all excel at this type of argumentation.

The Congress Party has always placed the interests of the Gandhi family above those of the nation; this they have done quite unabashedly, and openly proclaim their love and loyalty to the scion of this family, no matter what be the cost. This sycophantic display of crony-ism has to be looked at in the larger context of what is happening in the country. The Lok Pal Bill contains within it the tools to bring to book elected representatives of the people for their excesses and illegalities while in power. Even by conservative estimates, it has been suggested that tens of billions of unaccounted wealth belonging to Indians is stashed away in foreign banks. A renowned foreign newspaper published a report that the Gandhi family has $21 Billion dollars stowed away in these havens. Suddenly, it becomes crystal clear as to why the Congress is so apprehensive about issues such as black money and the Lok Pal Bill capturing the nation’s imagination.

Just think about it – if we succeed in bringing about a law which will bring under its ambit the Prime Minister and the Judiciary, it would open the floodgates to a new India, where corruption would no longer enjoy political or judicial immunity. Let us also not forget, that the current Government headed by Dr. Manmohan Singh, is the most corrupt and rudderless excuse of an executive that this nation has ever seen. The taint of corruption and misrule rides so heavy on the party, that it is forced to seek new ways to discredit the opposition. Let us also not forget, that this is the same Government that took twenty five years to give up on the Bofors Scam, six years to open cases in the 2G Scam, three years to wake up to the Commonwealth Games Scam, but magically took just four hours to strike down a peaceful movement that was protesting all of the above. Full marks to the efficiency of the Government.

Several Congress leaders and an irrelevant bollywood actor have been crying hoarse that a yogi should stick to teaching yoga, and not attempt to enter the political arena. This pathetic logic assumes great importance when one realizes that Rahul Gandhi lists himself as a farmer in his election application, leading one to conclude that farmers have an inherent birthright to talk about national issues but businessmen and yogis do not. By that estimation most Congressmen should stick to the Courts and their farms, and allow politics to be dominated by self-perpetuating dynasties; something the congress takes great pride in doing.

The Congress finds itself heading down an extremely slippery path, with public opinion dead against it, and their own arrogance reducing their legitimacy to lead the country with every passing minute. I would like to appeal to all of you to take an objective view on what is transpiring in our beloved country today, and not get misled by the loudest voice in the room. Jai Hind ! J.A.D.

BY JAI DEHADRAI

THE FASTING EXTRAVAGANZA

Ramdev- a falsity in itself as per Hindu mythology as Ram always refers to Lord Vishnu and not just a diety, i.e a dev. Pretty early I think I have realised that I dont possess any right to bring into disrepute personal credentials of anyone and dig anydeeper into this field.

So, lets get onto the issue... Fasting is the new manner of forcing the government to accede to the legitimate demands of the electorate. But again it has been politicised. The sanctitiy that once marked Satyagraha has been severly denigrated by Ramdeva’s upcoming Fast Unto Death at Ramlila Maidan, Delhi. The Fasts carried out in filthy conditions, desolate surroundings, oppressive atmosphere and even in prisons were true representative of the fighting spirit. Then Potti Sriramulu’s fast unto death which took a toll on his life can also not be forgotten even though it was for totally different reasons.

Dr. B.R. Ambedkar in his concluding Speech in Constituent Assembly said that Satyagraha, Civil Disobedience and Non-Cooperation movement dont find themselves a place in a democracy because when these were undertaken by Mahatama Gandhi and others, there was no other option but now there was an option to take the course of law. Keeping this in mind, I can justify Hazare’s fast on the lines that it was undertaken for securing a very strong anti corruption law for tackling corruption; so, there was no way of taking the course of law for that (personal opinion). Moreover, Lokpal Bill envisages the inclusion of every kind of corruption be it money laundering also. There is also a black money suit being heard in SC. Laws are also there in the form of PMLA.

I am not against Ramdev’s crusade against Black Money but he should not make a procession out of it. If he has worked on this issue and has something to bring forth, he can collaborate with Civil Society members or can directly approach public but he has to undertake a fast to show that he cares for his country.. Hah! even goodwill has a cost to it. I m sorry to conclude on this note but coming for fast by flight, putting photographs on billboards, keeping ambulances ready at Ramlila maidan (how can be a selfless man so possessive of his life?) et al is a shame to the institution of peaceful and humble protests laid down by our father of the nation.