Archive for the ‘Judiciary’ Category

Fresh probe into India politician

December 18, 2007

A court in the Indian capital Delhi has ordered a fresh investigation into the alleged role of a former central minister in anti-Sikh riots of 1984.

The court directed the Central Bureau of Investigation to probe the alleged role of Jagdish Tytler, a month after a case against him was closed.

However, a witness said recently he saw Mr Tytler lead a mob against Sikhs.

The riots, sparked by the assassination of PM Indira Gandhi by Sikh bodyguards, left more than 3,000 Sikhs dead.

Mr Tytler is a MP with the ruling Congress party, and has consistently denied any role in the rioting.

‘No evidence’

In November, the Central Bureau of Investigation (CBI), India’s top central detective agency, closed a case against Mr Tytler saying there was “no evidence” or “witness” to establish that he had a role in the rioting.

However, Jasbir Singh, who lives in California, recently claimed that he saw Mr Tytler lead a mob on a Sikh temple in Delhi during the riots.

Three Sikhs were burnt to death in the attack on the temple.

Mr Singh, who lost 26 family members in the rioting, left the country after the incident.

Now the court has asked the CBI to carry out a fresh investigation into Mr Tytler’s alleged role and submit a report by 16 January.

Mr Tytler was earlier implicated by a judicial commission set up to investigate the 1984 killings.

The report, by retired Supreme Court judge GT Nanavati, was the ninth inquiry commission into the riots, and was set up in 2000 by the then governing Bharatiya Janata Party (BJP) which is now in opposition.

The inquiry found “credible evidence” against Mr Tytler and recommended further investigation into his role.

Mr Tytler submitted his resignation as a minister for expatriate Indians after being implicated in the riots.

He said he had resigned to his “name cleared”.

Story from BBC NEWS:

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Lessons on How to demolish a Mosque for HINDRAF dummies

December 11, 2007

babrisaffron.jpgIANS Reports from Delhi:

“A delegation of Hindu Rights Action Force (Hindraf), a rights group from Malaysia met leaders of the Bharatiya Janata Party (BJP) Thursday for support against the plight of ethnic Indians in that country. Moorthy informed the BJP leaders, that about 10,000 Hindu temples have been systematically demolished in Malaysia since its independence 50 years ago”

Mr. Waytha Moorthy met his God Father in India, Lal Krishna Advani, the extremist demon of Hindutva Politics and leader of BJP. These idiots don’t have any respect to the concept of “Rule of Law”. LK Advani is India’s former Home Minister, who rolled out a nation wide tour to demolish 800 year old Babri Masjid which later caused plenty of communal riots and national mayhem. To Indian historians the event is equal to 9/11. Now, HINDRAF need such a satan to protect Hindu Temples in Malaysia!

See utube.png Video of Babri Masjid Demolition by Saffron gang.

Do they sign a technology transfer deal on” How to Demolish a Mosque?”. If it is done, Malaysia’s world famous Shah Alam Mosque can be another Babri Masjid. Or it can be a disputed site like Taj Mahal in future by Hindutva historians.

Advani personally oversaw Babri Masjid demolition on 6 December 1992.

Gauri Advani, his daughter-in-law, has said in a statement to the Liberhan Commission that her father-in-law conspired with Bharatiya Janata Party (BJP) leader Vinay Katiyar, the then leader of the militant youth outfit, Bajrang Dal, to demolish the Babri Masjid. ‘Iska kaam kar do…. Kya, Babri Masjid ka kalank nahin mit sakta?’ [Finish this off.. Is the blot of the Babri Mosque unremovable?’], Read her report to the commission

The Liberhan Commission, probing the circumstances leading to demolition of Babri Masjid, was recently granted its 42nd extension which will end by December 31. It is the way India’s legal system offer justice to minority Muslims. That 15-year old Commission has already cost the state exchequer about Rs 7.20 crore! This is what we call Republic of India. Period.

I would say, Malaysian police is right in its argument about HINDRAF’s association with global terrorism. I don’t think LTTE is that much bad comparing to RSS of India, the Indian partner of HINDRAF. An American research centre has placed India’s ultra-nationalist Rashtriya Swayamsewak Sangh (RSS) on its terrorist list. The East Virginia-based Terrorism Research Center (TRC) is closely connected to the American government and many of its directors and researchers have closely worked with US administrations and have taken part in research and planning for the US administration. In the list of in India, the TRC has placed RSS under no. 21. Here is the link as it appeared on 9 September 2004 on the group’s website under the caption “Known Terrorist Groups Operating in India“.

Considering national security of India, RSS was banned thrice: 1948 (ploting to kill Mahatma Gandhi) , 1975 (national emergency), 1992 (Babri Masjid demolition). The bans were later lifted by judicial manipulation, but various governmental policing branches tagged them along with Islamic militants and still under close surveillance. There are still active campaigns by Indian diaspora to ban this extremist Hindu group around the world.

RSS office in Jandewalan Street of Delhi is the epic centre of hindu extremism in India and the globe. The traces of their criminal saga didn’t end up with crime of the millennium, the killing of Mahathma Gandhi. Watch utube.pngVideo on Gandhi Killing.

Read the full story from IANS here

If you want to read more about LK Advani’s role on Babri Masjid demolition, listen to this lawyer, Anupam Gupta

An open letter to Malaysian Indians

December 6, 2007

A family mourning death of a child on the street in Triplicane area in Chennai. The family is homeless, the live on the sidewalk. There were heavy rains for several days, it was relatively cold, the child got serious fever and died soon © Maciej Dakowicz www.flickr.comTo begin with, this picture is not from Malaysia. It is from Chennai, the capital city of southern Indian state of Tamil Nadu. According to flickr, this photo is part of their most interesting 50 sets. It says a lot about the pain, and struggle of Dalit community in India, above all in Tamil Nadu.

Died the night before: A family mourning death of a child on the street in Triplicane area in Chennai. The family is homeless, the live on the sidewalk. There were heavy rains for several days, it was relatively cold, the child got serious fever and died soon. You can see it @ flickr.com © Maciej Dakowicz.

I stand against any discrimination of any human being in any parts of the world. But when it comes to HINDRAF outrage in Malaysia there are some questions one should ask to Hindu Rights Action Force officials. As an Indian, I believe ethnic Indians in Malaysia; still enjoy more rights than Indian citizens who is living in their own country. Since the living standards of Malaysia are far higher than India, I also agree that Hindus in Malaysia need a better deal. As a community with migrant history, majority of Malaysian Indians are Hindus while it also include a minuscule of Muslim, Christian and Sikh presence. The so called “Indian” heritage in Malaysia cannot be limited with Hindu minority in Malaysia.

Unlike Malaysia, discrimination against Indian citizens in India has a multitude of factors. One is the religion and the other is caste factor.

In India, religious discrimination is worst against Muslims followed by Sikhs, Christians, Buddhists, and Jainism. The traces of Hindu caste system can be visible among India’s minority communities too. Due to Hindutva’s burgeoning alliance with Zionism, Jews are not attacked or either they are helped to migrate to their dreamland, Israel. Hindutva patriots will never question patriotism of Indian Jews. In 2005, Business Week reported that India became Israel’s largest importer of weapons, accounting for about half of the $3.6 billion worth of weapons exported by the Jewish state.

But in terms of Caste discrimination, it totally alienate lower caste Hindus, Dalits and Tribal or aborigines, who together contribute the largest segment of Hindu religion. Caste system is a part of a Hindu belief that people inherit their stations in life based on the sins and good deeds of past lives.

For the past 60 years the higher caste Hindu elite, effectively ruling this nation under the false cover of democratically elected government. Since majority of Indians are illiterate, it is easy to manipulate their votes offering food kits, liquor, subsidies, and even free Television!

Crime-politics nexus also influences the democracy in India. Most of the ministers in elected democratic governments are from criminal background. They are entering into the political arena, influencing the decision-making at the highest level in their own favor and thereby increasing corruption through patron-client relationship. The reason for this pervasive political corruption, in spite of six decades of democracy, is because we, in India, do not elect representatives but patrons. The rich and the avaricious as well as the poor and the stricken, vote on this principle. Lack of transparency within the bureaucracy is also another important factor responsible for promoting public corruption.

Any attempts from the state to introduce an affirmative action plan to help the down trodden of India, primarily defeated by upper caste student agitations in the campus. In a country where more than 92 % children cannot progress beyond secondary school, a support base for the backward communities in campus is beyond imagination. Furthermore, Indian judiciary is loaded with upper caste judges and they will spoils any affirmative action of the state by restricting reservation quota.

On the other hand, India contributed about $14.5 billion to the US economy through the expenditure on tuition and living expenses by sending the students to US. As a country, it dominated with one in seven (14.4 percent) of the total of 582,984 international students. [The Open Doors 2007, US Department of State’s Bureau of Educational and Cultural Affairs Report] In the same period, Australia earned about 500 million Australian dollars from the export of educational services to India. Please note that Government of India’s spending on education is lesser than one-fifth of its defense budget!

The dominant group of Hindu nationalists come from the three upper castes ( Brahmins, Kshatriyas, and Vaishyas ) that constitute only 10 per cent of the total Indian population. But, they claim perhaps 80 % of the jobs in the new economy, in sectors such as software, biotechnology, and hotel management. Thus, Hindutva storm troopers promote enormous blogs, web campaigns and forums to control the media to implement their own political will. India’s fake super power status is also something created by this elite group of Hindu caste who don’t want to care the alienated Hindu classes and minorities.

Let us begin with the educational statistics from Tamil Nadu State itself.

Out of 427 faculties available in Chennai IITs (Tamil Nadu) 400 are from Brahmin caste and only 4 of them are Dalit. Every year, Government of India spend a whopping amount of $ 2000 million for the expenses of IITs (Bombay, Delhi, Gawhati, Kanpur, Kharaghpur, and Madras). But, Indian IITs function as a free educational institute dedicated to the upper class Hindus. Even though IITs are proclaimed as institutions with national importance, 96% of the IIT graduates usually migrate to west or find a job with a multinational corporate company.

According to the Indian census of 2001, the total population was 1.028 billion. Hindus numbered 827 million or 80.5 %. About 25 per cent (24 million) of those Hindus are belonging to Scheduled Castes and Tribes. About 40 per cent (400 million) are “Other Backward Castes”.Even though, 15 per cent are belonging to Hindu upper castes, they inherited civil service, economy and active politics. And thus the caste system virtually leaves lower caste Hindus in India to an oppressed minority.

Udit Raj, the prominent Dalit intellectual from India, recalls caste issues in Malaysia in his book,

“Caste Hindus can give up anything, including their life, but caste attitude. In 1998, when I was invited to attend the first Dalit International Convention at Kuala Lumpur, Malaysia, it was unbelievable at first sight, but became a reality, when I attended. About 150 years back, British took Indians to Malaysia as labourers and assistants and eventually Indians made their homes there. More than one million Hindus are living there, but are still maintaining their caste identity. Dalits living in Malaysia have lots of grievances, which is not a contribution of the concerned soil, but virus went with them. So far, no medicine has been manufactured that can kill the caste virus” Dalit & Religious Freedom, 2005“, chapter 38.

Considering the media manipulation techniques, time line and nature of the Hindu outrage in Malaysia, there are many reasons to believe that HINDRAF and Uthay Kumar is closely associated with RSS, a Hindu Taliban who already spoiled India’s social fabric with fascist propaganda and communal riots. Watch utube.pngHindutva role in Communal Riots

Mr. P. Waytha Moorthy, the Chairman of Hindu Right Action Force, in fact is the Malaysian representative of global ‘Hindutva’ brother hood called Vishva Hindu Parishat. He also work with Hindu charity institutions like Hindu America Foundation and UK based SEWA International , both of them are in control of their parent demon, RSS . Both of these charity organizations were involved in funding anti minority riots in India. Hiring such a hate monger and ardent admirer of Aryan Hindu supremacy to solve issues of Malaysian Tamils will back fire soon. Tamil values are much closer to Dravidian culture and it will never tolerate the Aryan ideas of racial purity and dictatorship of Brahmins.

Instead, tamil Hindus should find ways for peaceful dialogue with Malay organizations and concentrate more of their energy for caste and poverty eradication. The thoughts of Thanthai Periyar E.V. Ramaswamy should be their guide light, than the false propaganda war initiated by Hindutva and its militant mafia gang, RSS.

Do you know why? RSS is the Hindu-supremacist organization that has fueled a rise in anti-Dalit, anti-Muslim, anti-Christian and anti-Sikh violence. The former ruling party, the BJP is the political arm of the RSS and helped fascism to spread across civil, judiciary, defence and educational streams of the society. According to National Crime Records Bureau, there was 1822602 riots in 2005 alone. [ Incidence Of Cognizable Crimes (IPC) Under Different Crime Heads, concluded, Page 2] NCRB website

Under India’s notorious caste system, upper caste Hindus inherited key positions and controls all the governmental branches. Violence against victims largely goes unpunished due to the support of this upper caste crooks.

The man, who killed Mahatma Gandhi in January 1948 for seeking conciliation with Minorities Nathuram Vinayak Godse, was a Brahmin and at one time belonged to the RSS. That’s part of the Sangh’s legacy. And it has not only spawned the VHP, but numerous other radical organizations backing the RSS, notably the Shiv Sena (Shiva’s Army) party of Bal Thackeray, a self-declared Hitler fan.”

Since Indian community issues in Malaysia is considered as a ‘Minority vs majority‘ issue, let us also compare the statistics of Indian Muslims, in India it self. Unlike Malaysian Hindus, Indian Muslims have not arrived from outside.

Recently, Justice Rajinder Sachar Committee report admitted that 138 Million Muslims across India are severely under-represented in government employment, including Public Sector Units. Ironically, West Bengal, a communist ruled state reported 0 (zero) percent of Muslims in higher positions in its PSUs! It has found that the share of Muslims in government jobs and in the lower judiciary in any state simply does not come anywhere close to their population share. The only place where Muslims can claim a share in proportion to their population is in prison! (Muslims convicts in India is 19.1%, while the number of under trials is 22.5%, which exceed their population ratio) . A note sent on January 9 by the army to the defence ministry in 2004 says that only 29,093 Muslims among a total of 1.1 million personnel — a ratio of 2.6 %, which compares poorly with the Muslims’ 13 % share in the Indian population. Officially, Indian Army don’t allow head count based on religion.

A Muslim child attends school for three years and four months, compared to the national average of four years. Less than two percent of the students at the elite Indian Institutes of Technology comprise of the Muslim community.

Please note that, Malaysian Indians are not the original inhabitants of the country; but Indian Muslims are from the same racial and ethnic groups as their compatriots. And still they face discrimination in the world’s largest democracy called India. (Ref. Indian Express, The Missing Muslims)

81 % Malaysia’s ethnic Indians are mostly from the southern Indian state of Tamil Nadu, an impoverished land lagging with illiteracy and feudalism fueled by Delhi’s north favored rule. The traditional Hindu caste system compelled caste minorities including Dalits to move even to Sri Lanka. But unfortunately, this Tamils are currently in extreme war with their own hosts, Sinhalese!

Does Tamil community in Malaysia want to do the same rebellion to their own host, the Malays?

The Tribune News paper has a story about Malaysia’s care to India. “In 1971, Malaysia sent a team to enquire about the welfare of its pensioners residing in Punjab. Further, pensions paid in that country are free of income tax,” The Tribune, February 20, 2003, Chandigarh, India.

Do HINDRAF want to trouble the interests of Malaysian Indians by misleading Tamil Hindu community against such generous government like of Malaysia? Can we expect proper pension from India Government?

The Human Development Report for 2007-08 released by the UNDP ranked India 128 out of 177 countries, working it out through measures of life expectancy, education and income. Malaysia ranked 63 and listed at under High Human Development category. The report found that India’s GDP per capita (purchasing power parity) is $3,452, far below Malaysia’s $10,882. Read the statistics from UNDP website

Indian workers form the third largest foreign work force in Malaysia, with 140,000 of them seeking out a living there. Most of these migrant workers are the relatives of ethnic Indians who comprise 7% of Malaysia’s population of around 24 million.

Every year, more than 1 million Indian citizens are forced to leave their country in search of better life.

Indians form about half of the 2.6 million expatriate workers in the United Arab Emirates’ private sector which includes Hindus, Sikhs, Muslims and Christians. In 2006, India received the highest amount of remittance globally from migrants, 27 $Billion. The large part of it came from the Gulf expatriate workforce.

Further, Indian government expects overseas Indians to pump in about US$500 billion into the FOREX reserves of the country in the next 10 years, making them the single largest source of foreign receipts. Do Indian Government want to hurt their own economy by interfering in Malaysian affairs?

Migrated Hindus from India constitutes 1 million or 0.4 per cent of US population now. With the approval of U.S authorities, they built around 1,000 Hindu temples throughout the US. The generosity of the American administration did n’t stop Hindutva idiots from bashing Christian around the globe.

In Tamil Nadu, last year, 250 temples were brought down to earth following High Court orders in Madurai. The reason was those temples were built on public property. There were no protests. Tamil Hindus there thought such a drive was carried out in the interest of people at large.

Like India, thousands of smaller Hindu temples, often originating in the placement of a deity under a tree, should have mushroomed across Malaysian rubber plantations and the rural countryside. As the Hindu community grew, some of them may be converted to larger structures and government should have brought down in public interest. But why so much huge and cry in Malaysia alone?

By falsely claiming of “Ethnic cleansing against Hindus in Malaysia”, HINDRAF officials are working against the interests of India’s peaceful migrant community around the world. While Dalits, Lower castes, Sikhs, Chrisitans and Muslims are the daily victims of Hindutva’s communal riots in India, Tamil Hindus in Malaysia haven’t faced any single riots orchestrated by Malay Muslims.

Remember that India, as a country cannot offer you food or job. Tamil politicians are engaged in lip service. Leaders with Dravidian origin have limited say in India’s central government which is ruled by majority north Indian Aryans. They consider TamilNadu as the bastion of opposing imposition of north Indian rule and its Hindi language in its territories. South Indians mostly consider English as their national language than Hindi. This north and south division has a long history in India and will continue to go on for ages, as long as people in India continue to remain emotionally myopic, narrow minded and accepting of propaganda and social myths. Govt. of Tamil Nadu website has something to say about Politics of Dravidian thoughts.

Hindutva vs Tamil culture

Before the invasion of Aryans, Tamils have practiced a dual spirituality called Saivism and Thirumalism . But Brahmins enslaved Tamils with cultural and spiritual corruption.

The Hindu nationalist movement headed by Brahmin chiefs grew up in the 1920s with the establishment of Rashtriya Swayamsevak Sangh (RSS ) The RSS gradually established a network of local branches that met daily for training sessions on martial arts. With ideological sermons making Indian identity synonymous with Brahmin culture it floated new motto even to the south, “Hindu, Hindi, Hindustan” (one people, one language, one country).

In 1965, after a 15 year gap, Hindi was declared as the solitary national language of India. This led to violent protests in Tamil Nadu and so many deaths of tamilians.

In 1996, Inspired by Hindu myths, a Marathi Hindu mafia leader called Bal Thackeray floated ‘Shiv Sena‘ a political party to drive out south Indians from the industrial city of Bombay. Shiv Sena means Army of Shiva, (referring to Hindu King, Shivaji) succeeded in its aim with the help of Hindu militants who unleashed several communal riots in the city.

In 1991, a Tamil Tiger suicide bomber killed India’s Prime Minister Rajiv Gandhi ( A north Indian brahmin with aryan heritage) at an election rally outside Chennai. Those scars against Tamils are still run deep in north India, especially in a government dominated by Gandhi’s Italian-born widow Sonia.

When it comes to recording Indian history, the north of the country often ignores or overlooks events in the south. Tamils consider Vellore revolt as the first organized revolt against British in India, while Delhi officially consider it started with Sepoy Mutiny of 1857. Unlike north Indian Hindus, Tamils consider Lord Rama as the villain and Ravana as the hero. In such many ways, Tamil history and politics are in contradiction with India’s official version, which is in fact authored and promoted by Aryan north. The division within India’s caste maniacs is so deep and it cannot overcome to help anyone outside their circle.

Do the ethnic Indians in Malaysia want to come back to India? I bet none of them will come back to this sinking ship called, India. Instead of asking for more rights they should come out of their caste system and narrowness. Let them learn to respect their hosts, the Malaysian people who provided better opportunities than their caste maniac“Mother India”. Only such an attitude and kindness will bring them prosperity. Let them not forget the millions of impoverished Indian citizens living in their own country. Read more about Our Shining India at here

What make people move to out of India? Read the Real Indian facts

What if you come to Tamil Nadu and join with 1,60,000 Sri Lankan Tamil refugees ? Read this Report from Asian Centre of Human Rights

Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%

August 17, 2007

Counter View: A Few Myths, Fewer Facts about Muslims

When Zakir Hussain was sentenced to death by hanging for his part in planting the bombs during the “Bombay Blasts” of 1993, he shouted, “If a Hindu does something, a commission is set up. But if a Muslim does something, he is hanged.” This was in reference to the destruction of the Babri Masjid and the riots that had followed in December 1992 and January 1993.

The Srikrishna Commission, constituted to determine the causes of the riots in which approximately 900 people, predominantly Muslim, were killed, had stated that, “One common link between the riots of December 1992 and January 1993 and bomb blasts of 12th March 1993 appear to be that the former appear to have been a causative factor for the latter. There does appear to be a cause and effect relationship between the two riots and the serial bomb blasts.”

The recommendations of the Commission have never been brought into force. This has led to a number of people speculating whether justice is done to Muslims in India, whether they are being punished disproportionately, that, “Soon India’s jails will be choc-a-block with Muslims.”

Indian Muslims in Jail

In such cases it is possibly best to check the facts. The prison statistics from the National Crimes Record Bureau indicate that the percentage of Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%.

This is higher than the percentage of Muslims living in India, at 13.4% or thereabouts. It would be tempting to shout, “Aha! Proof of bias!” but a rigorous analysis would lead to a more nuanced view because of the geographic distribution of both prison population and Muslims. Over half of Indian Muslims live in the four states of Uttar Pradesh, Bihar, West Bengal and Assam, which account for 21% of convicted prisoners and 42% of undertrials in Indian jails. In effect Indian Muslims live in geographic areas where more people are sent to jail, either as convicts or as undertrials.

A far more fascinating result is that the percentage of Muslims who are undertrials is slightly less than that of those convicted. In other words proportionately more Muslims are adjudged “innocent” than Hindus (whose undertrial to convict ratio is: 69.6% to 70.7% and even Christians (whose undertrial to convict ratio is 3.8% to 4.2%).

Indian Muslims and Crime

The question of bias could also be turned on its head, and it could be said that high proportionately of Muslims means more crime. The data does not support such a conclusion.

The two states where such high population of people are in jail, Uttar Pradesh and Bihar, have a Muslim population of 18.5% and 16.5% respectively and contribute 6.7% and 5.4% of All-India crimes . West Bengal and Assam, in which the percentage of Muslims is at 25.2% and 30.9%, contribute only 3.6% and 2.3% of all-India crimes.

Madhya Pradesh, Maharashtra, Andhra Pradesh and Tamil Nadu all produce more than 8.5% of India’s crimes individually, making them the most crime-prone states in the country. In all of these high crime states Indian Muslims make up, at the most, 10.6% of the population, less than the Indian average.

The one state where Muslims constitute a majority of the population, at 67% in Jammu & Kashmir, which has been wracked by militancy and violence, contributes to only 1.1% of Indian crime, about the same as its population compared to all-India figures.

Indian Muslims as Citizens or as Muslims

Despite these statistics it would be idle to say that Indian Muslims do not, from time to time, face problems, as do most people that constitute a marginalised group in society. The recent Sachar Committee report by the Government of India cites very low levels of socio-economic indicators for Indian Muslims.

As a child I lived in the Oil & Natural Commission compound in Ahmedabad, Gujarat. It is a city that has faced many riots and we were the only Muslims in the compound. During times of tension when my father was working offshore on the oilrig, our manservant, Jumraati would assure my mother, “They’ll have to get through me first, behni”.

A decade or so later, my great-uncle, Major-General Afsir Karim, was asked to deploy troops in the same city to help the civilian administration keep the peace. In 2000, when he was with the National Security Advisory Board, he was questioned by a woman during a televised talk show about minorities. He interrupted her to say, “Ma’am, I am a citizen of India, and so are you. What minorities are you talking about?”

His response to state failure is strikingly different to that of the recently convicted Zakir Hussain. Whereas one tried to make sure that such failure did not recur, the other became a pawn used to kill innocents in a supposed act of “vengeance”. For me, between the words of a man of somebody who has put his life on the line many times in the defence of innocent civilians and those of somebody convicted of murdering them, there can only be one choice.

(Omair Ahmad works on issues of Security, Law & Strategic Affairs for PRS Legislative Research, an autonomous institute that provides research support for Indian Parliamentarians. He has previously worked for the British High Commission, New Delhi, and the Voice of America, Washington DC. His novel, “Encounters” on the radicalisation of two young men during the curfew days of the 90s was published in 2007.)

Omair Ahmad / IBNLive Specials; Thursday, August 16, 2007 www.ibnlive.com

98% cases against Dalit atrocities go scot-free

July 6, 2007

Bangalore: The acquittal of all the accused in the Kambalapalli massacre in which seven Dalits were burnt to death is not an exception. The Karnataka State Commission for the Scheduled Castes and the Scheduled Tribes has found that the accused in 98 per cent of cases of atrocities against Dalits were allowed to go scot-free. The reason: witnesses do not turn up for fear of being attacked.

This was disclosed by commission Chairman Nehru C. Olekar at a press conference here on Tuesday after a meeting with representatives of various Dalit organisations. The commission sought their views on the condition of the people from the Scheduled Castes and Scheduled Tribes in the jurisdiction of the Bangalore Zilla Panchayat.

Mr. Olekar said the commission would recommend to the Government to provide security to witnesses. However, around 10 per cent of complaints of atrocities were found to be false. There were around 500 cases of atrocities pending in each district.

Strangely, the commission had hardly come across cases of Dalits being ostracised. Three such cases had been reported in the State, including two in Kolar district.

He said 446 atrocity cases were reported in five years in Bangalore Rural district. The taluk-wise break up is: Channapatna – 32, Devanahalli – 44, Doddballapur – 22, Hoskote – 133, Kanakapura – 88, Magadi – 47, Nelamangala – 143 and Ramanagaram – 43.
Confirmation

Mr. Olekar said the commission had taken up the case of confirmation of the services of municipal cleaners (pourakarmikas) in the State with the Legislature Committee on Scheduled Castes and Scheduled Tribes. The working conditions of the municipal cleaners in the Bruhat Bangalore Mahanagara Palike (around 8,000) were so bad that they were paid just Rs. 1,200 a month, whereas their counterparts in the Gulbarga City Corporation were paid Rs. 4,900. He said the Government would be asked to stop hiring cleaners through contractors. Instead the workers should be paid directly by the civic body.
Regularisation

Another serious problem Dalits were facing in the State was the inordinate delay in the regularisation of unauthorised cultivation by them on government land. Each district had 2,000 to 3,000 such cases that had pending for years.

He said the Government would be asked to regularise such cultivation, barring those on forest land.

Mr. Olekar expressed displeasure over the absence of the Deputy Commissioner of Bangalore Rural district from the meeting. He would write to the Government to take action against the official, he said.

Some Dalit organisations had complained that beneficiaries were not getting subsidies, the Chairman said. The Government would be asked to build one hostel in each of the eight taluks in the district to accommodate post-matric students. The Government would also be asked to remove youths staying in hostels for Scheduled Castes and Scheduled Tribes, who were not students.

The commission would ask the Government to conduct a Statewide survey on the academic performance of students staying in such hostels. This was to refute the criticism that they were enjoying government largesse without improving their academic performance.
Internal quota

Mr. Olekar supported the demand of organisations representing people from the Madiga, Bhovi and Korama communities for internal reservation to prevent a few influential sections among the Dalits from cornering all the benefits.

The Commission had so far visited 12 districts and would be visiting the other districts. It would give its report to the Government before August 20, he said.

July 04, 2007, The Hindu

967 Cases of Atrocities against Dalits in Gujarat

July 5, 2007

Dalits in Gujarat eclipsed under Modi: Meira

Claiming that the Dalits were “eclipsed” under the present dispensation in Gujarat, Union Social Justice and Empowerment Minister Meira Kumar on Monday criticised the Narendra Modi-led government for the “atrocities” meted out against Dalits and other backward sections of the society.

“The present government in Gujarat has a poor track record in tackling crimes against the backward sections of the society,” Kumar said addressing the day-long ‘jan-mitra shibir’ (conference of party workers) organised by the scheduled caste cell of Congress.

She claimed that Dalits were “eclipsed” in Gujarat at present.

“In the year 2005, there were a total of 967 cases of atrocities against Dalits in Gujarat where many were murdered, raped, burnt and seriously injured,” Kumar told the gathering of party workers who had assembled from different parts of the state.

“This year in just six months, there were a total of 412 cases of atrocities registered against backward classes including Dalits,” she said adding the figures she was quoting were sourced from the Social Justice department of Gujarat.

“In many of these cases FIRs are yet to be registered,” Kumar added

Press Trust of India, Gandhinagar, July 3, 2006

77 % believes that Indian Judiciary is corrupt : Global Corruption Report

June 1, 2007

The reputation of India’s judiciary, considered overbearing and democratically unaccountable by many, has taken a knock with the publication of a report by Transparency International (TI) called the “Global Corruption Report 2007”.

The report, based on a 2005 countrywide survey of “public perceptions and experiences of corruption in the lower judiciary,” conducted by the Centre for Media Studies, finds that a very high 77 percent of respondents believe the Indian judiciary is corrupt.

It says that ‘’bribes seem to be solicited as the price of getting things done”. The estimated amount paid in bribes in a 12-month period it found was around 580 million dollars. ‘’Money was paid to the officials in the following proportions: 61 percent to lawyers; 29 percent to court officials; 5 percent to middlemen.”

“This is a wake-up call not just for India’s legal system, but for society and the state itself”, says Upendra Baxi, a highly regarded Indian jurist, former vice-chancellor of Delhi University, and professor at the University of Warwick in Britain. “It confirms what we have known for years and casts a shadow on the integrity of the judiciary. It also calls for urgent, drastic remedial measures.”

“The report only covers the lower or subordinate judiciary and excludes the judges of the High Courts (of Indian states) and the (national) Supreme Court. There are credible reports that corruption has permeated the higher judiciary too,” Baxi told IPS.

In January 2002, S.P. Bharucha, then India’s chief justice, said that 20 percent of the higher judiciary might be corrupt. In recent years, several upper court judges have been accused of “irregularities”, for instance, in the preferential allotment of valuable land by state governments, and other favours.

The report of the Berlin-based TI should greatly embarrass India’s judiciary, which always takes a sanctimonious stand on corruption. This past March, two judges of the Supreme Court said: “Everywhere, we have corruption. Everybody wants to loot this country. The only solution for this menace is to hang some people (like you) on the lamppost so that it acts as a deterrentà.”

However, no case of judicial corruption has ever been put on trial in India. Under the Indian system, it is virtually impossible to charge or impeach a judge.

“In India, impeachment is not feasible because it requires a huge (two-thirds) majority in Parliament,” argues Colin Gonsalves, a public interest lawyer with the Human Rights Law Network told IPS. “India’s parliamentary elections have produced hung verdicts for years. And it is virtually impossible to muster the numbers necessary for impeaching a judge. In 1993, V. Ramaswamy, a Supreme Court judge, was found culpable by a court committee. But he was politically well-connected and could not be impeached.”

This “freedom” from prosecution and impeachment further compounds the credibility crisis of the judiciary, in particular, the higher judiciary, which in India is a self-appointing entity not answerable to the legislature or executive.

The higher courts of India, shielded from public scrutiny, have increasingly turned conservative. They have recently handed down judgments which abridge or abolish labour rights, dilute environmental regulations, promote Big Business interests, and uncritically support globalisation and privatisation.

Judicial corruption in India is attributable to a number of factors, including “delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws”, according to TI.

Says the TI report: “As of February 2006, 33,635 cases were pending in the Supreme Court; … 3,341,040 cases in the High Courts; à and 25, ,458 cases in the 13,204 subordinate courts. This vast backlog leads to long adjournments and prompts people to pay to speed up the process. In 1999, it was estimated: ‘At the current rate of disposal it would take another 350 years for disposal of the pending cases even if no other cases were added’.”

Another factor is the low ratio of judges per one million population. This is as low as 12 to 13 in India, compared to 107 in the U.S., 75 in Canada and 51 in Britain. This high workload encourages delays and adjournments on frivolous grounds. “The judicial system, including judges and lawyers, has developed a vested interest in delays as well as corruption; it promotes a collusive relationship between the different players”, says Baxi. “This works against the public interest and the citizen’s rights. But even more important is the assault on rights that has occurred under the globalising neoliberal turn made by India’s higher judiciary since the early 1990s.”

Baxi terms this the “Structural Adjustment of Judicial Activism”, after the now-discredited “Washington Consensus” package of “free-market” policies promoted by the World Bank and the International Monetary Fund.

He argues that the Supreme Court and many High Courts have redefined their roles: from defenders of human rights and Constitutional freedoms, and guardians of the public interest, to conscious promoters of neo-liberal globalisation, with unrestricted freedom for capital and shrunken rights for the ordinary public.

“The tragedy in India”, adds Gonsalves, “is that it’s hard to put checks on the judiciary even as it runs amok by appropriating executive powers and interfering with legislative procedures even though the Constitution explicitly bars the procedures’ judicial scrutiny.”

In recent years, the Indian courts have practised “micro-management” of functions which properly belong to the executive, including specifying which fuel should be used in public buses, how cities should be planned and run, whether or not certain books should be censored, and whether street food should be sold.

The executive and legislature resent and chafe at this. Indeed, a first-rate conflict is brewing between these arms of the state, and the courts. There is a move to demand judicial accountability through a National Judicial Council Bill, which would allow serious investigation of corruption and other misconduct on the part of judges.

However, the Bill remains mired in conflict. The judiciary wants the Council to be manned entirely by judges, to the exclusion of members of the government, and equally important, of civil society. The executive does not.

“There are no easy solutions to the problem of making judges accountable,” argues Baxi. “But some interim partial measures can be tried. One is to appoint judicial ombudsmen from two highly-regarded statutory bodies, the Election Commission and Comptroller and Auditor General (CAG) of India. Nothing prevents the CAG from initiating an independent review of the performance of the judiciary. The CAG could produce highly credible and objective reports and help kickstart a process of promoting transparency and accountability.”

It is unclear if India’s executive and Parliament are willing to initiate such an exercise. But observers say that unless corrective steps are taken, the judiciary will continue to defy democratic accountability and intrude into areas outside its domain, even while corruption and denial of justice remain the order of the day.

Praful Bidwai, Legal System in the Dock, Thursday, 31 May 2007 , (IPS)

India needs 124 years for clearing pending cases in its courts

May 3, 2007

Backlog of cases has become a big problem for the judiciary — from the Supreme Court to the subordinate courts. At the current speed, the lower courts, may take 124 years for clearing 2.5 lakh cases.

In the last seven years, the disposal rate has increased by 48 per cent in the high courts and by 28 per cent in the subordinate courts, but the pendency has increased. Thus, it is the system (and not the judges) which is at fault. Unless the disposal rate improves, the backlog will keep mounting. To make rule of law a reality, the arrears will have to be reduced.

Speedy justice is an assurance extended to a citizen under the right to life guaranteed by the Constitution. Right to speedy trial is an important right in the UK and US. The Sixth Amendment to the US Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial.

The US had enacted the Speedy Trial Act of 1974 which had fixed standard time requirements for timely prosecution and disposal of criminal cases in district courts. In 1990, the US Congress enacted another legislation that directs each district court to devise and adopt a civil expense and delay reduction plan. Similar laws need to be enacted in India.

While new cases in the high courts exceeded 16 lakh cases in 2006, the disposal rate was 15 lakh. Thus, new cases exceeded the actual disposal of cases. For the first time in past eight years, disposal of criminal cases by high courts exceeded. Pendency in subordinate courts had increased from 2.04 lakh in 1999 to 2.57 lakh in 2005. In 2006, the figure has slightly come down to 2.49 lakh. In all, 40,243 cases are pending in the Supreme Court as on Jan 31, 2007.

The executive and the judiciary have taken many corrective measures for speedy disposal of cases. The Centre has been extending the judge strength from time to time, but not to the extent of the recommendations of the Law Commission. Due to these efforts, the disposal rate has risen by 48 per cent in the high courts and by 28 per cent in the subordinate courts. But then, pendency has also increased due to more fresh filing of cases.

Delay is an issue in the US courts too, but it is not to the extent of decades as in India. In the US, numerous reasons for delay have been assigned most of which are outside a court’s control. Judges have many duties. In addition to trial, judges conduct sentencing, pretrial conferences, settlement conferences, motion hearings, write orders and opinions, and consider other court matters both in the courtroom and in their chambers. Attorneys and/or litigants may be responsible for delays.

Cases may be delayed because settlement negotiations are in progress. Some courts also experience shortage of judges or available courtrooms. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that high court, whichever is higher.

The ratio of judges per million population in this country is the lowest in the world. The population and judges ratio in India is 13.5 judges per 10 lakh people as compared to 135 to 150 per 10 lakh people in advanced countries. The ratio of judges per million of population is about 58 judges in Australia, 75 in Canada, 51 in the UK and 107 in the US. Due to this low judge-population ratio, the courts are lacking requisite strength of judges to decide the cases.

The average disposal per judge is about 1300 cases in subordinate courts if calculated on the basis of disposal and working strength of judges in 2006. The average disposal of all Indian high courts is about 2400 cases per year. The national average of disposal of cases per judge per year in major high courts is: Kerala, 3,103; Madras, 2,979; Calcutta, 2,919; Punjab and Haryana, 2,900; Karnataka 2,817 and Andhra Pradesh, 2,625.

The national Indian average is 188 cases disposed of among 21 high courts everyday. The Madras High Court leads in terms of speedy disposal of 648 cases, on an average, each day. Tamil Nadu is followed by Uttar Pradesh where the Allahabad High Court (Lucknow and Kanpur benches put together) dispose of 445 cases everyday. Applying the national average of 2400 cases per judge per year, the time for disposal of backlog of cases can be calculated by any one.

The Punjab and Haryana High Court had been successful in increasing the disposal of cases due to special efforts of the judges. The average disposal of cases in this High Court is 2900 as against the national average of 2400 per year. The number of cases pending in this High Court is around 2.60 lakh and old cases over the age of two years are 1.70 lakh.

In the same period, the number of pending cases in the subordinate courts is around 11.8 lakh. This means on an average every thirteenth person of Punjab and Haryana is affected by litigation.

Plaintiffs in most European courts must also pay the legal costs for the defendant if they lose the case. This ‘loser pays costs system’, which is in vogue in nearly every common law jurisdiction outside the US, cuts down on many cases without merit by forcing a claimant to hesitate before filing a questionable lawsuit. But the litigation cost in terms of court fee and award of costs is very low in India and this is the main reason for frivolous litigation.

The advocate fee and other costs have increased many times in the last 50 years, but the court fee is hardly realistic to generate more revenue for creating infrastructure and appointing more judges to strengthen the legal system. There was a time in India when in all civil proceedings costs were invariably awarded or reasons for not awarding costs were given. But nowadays costs are rarely awarded.

The inadequate judge strength, low court fee and not awarding costs against the loser resulting in frivolous litigation are three major causes of delay in the disposal of cases. Owing to the shortage of judges, even if judges work beyond their normal capacity, the arrears are bound to increase. The total number of judges is not adequate to clear the backlog of cases. It is not possible even to dispose of the actual fresh institution.

Clearly, the backlog cannot be cleared without additional strength. To tackle the problem of backlog within a timeframe, we need to allocate additional funds for employing additional judges. Later, as the backlog comes down, these judges would be crucial in keeping the fast pace of the judicial system.

The Tribune, May 20, 2007, Chandigarh, India The writer, Advocate, Supreme Court, is based at Chandigarh

Judicial nepotism rampant in India

April 12, 2007

In the first step in the fight against judicial nepotism, the Law Ministry wrote to the Bar Council of India last month asking it to ensure that lawyers don’t appear in cases before judges who are close relatives. However, it appears to have ignored the wider problem of what is called Son Stroke or Uncle Judge, where judges have close relatives practising in the same court.

NDTV discovered that this trend, where two judges or a group of judges have children practising in each other’s courts, is widespread. While not everyone takes advantage of what has been described as a mutual cooperative society, many of them do. This problem first surfaced in 2003, when the Bar Council of India demanded the transfer of all judges whose relatives practised in the same courts.

A year later, BK Roy, then Chief Justice of the Punjab and Haryana High Court, issued an administrative order barring a group of 10-12 judges from hearing any case pleaded by each other’s relatives.

He quoted eminent jurist HM Seervai: “Experience shows that an impression is created in the public, however unjustified it may be, that it would be advantageous to engage a judge’s son as an advocate.”

“It was generally believed that A, B, C and D (all judges) constituted a mutual co-operative society, in the sense was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.”

The order sparked off a protest by judges in Punjab who took mass leave. Justice BK Roy was subsequently transferred, and since then, the order has been ignored.

“Some relatives misuse their connections more blatantly than others, but the problem remains in principle. An especially acute feature of problem of nepotism as it exists here is that apart from relatives of high court judges, children of sitting Supreme Court judges from this region also practise here at Chandigarh.”

“The advantages, the benefits that accrue to them from their connections is well known to all and is fully exploited,” said Anupam Gupta, Senior Advocate, Punjab & Haryana High Court.

Recently an MP raised the issue of judicial nepotism again and claimed that out of 490 judges of the various High Courts and the Supreme Court, relatives of 131 judges are practising in the same court.

Limited directive

Finally, four long years after the issue was first raised by the Bar Council, the Law Ministry issued a directive. But it was confined to saying that no lawyer shall plead a case before a judge who is a close relative.

It completely skirts the issue of close relatives of a judge practising in the same court – the Uncle Judge or Son Stroke syndrome.

“There are complaints from all over the country that judges’ children are practising in the same high court and that is causing grave problem in regard to handling of cases and the judges favouring and one judges son appearing before another judge,” said M N Krishnamany, President, SC Bar Association.

Judges are, in fact, expected to follow a code of conduct which points out that: “Close association with individual members of the Bar, particularly with those who practise in the same court, shall be eschewed.”

But is this distance really possible?

“If your son, brother or sister is practising in the same court, you can’t eschew close association with your son, daughter or brother.”

“Therefore, you should not be a judge in the same court; you should opt to be transferred to some other court where a close relative is not practising,” said Prashant Bhushan, Member, Committee on Judicial Accountability.

However, as figures show, this is clearly not the trend.

In the Punjab & Haryana High Court, the relatives of eight sitting judges plead cases, while in Delhi High Court, the close relatives of nine sitting judges are practising lawyers.

Also senior lawyers feel that the children of judges are often favoured.

“That instances have come that a relation of a judge having joined only three four years in the practise suddenly his briefs are huge in number so that is what it is under scrutiny because he takes advantage of his position,” said Jaganath Patnaik, President, Bar Council of India.

“It is very clear also as I know personally so many judges in the High Courts their children are practising and are being pampered also,” said M N Krishnamani, President, SC Bar Association.

The public impression is that in order to get a favourable order, it’s better to hire a close relative of a judge to plead your case.

Now the questions that remain to be answered are can the Bar Councils keep a check on this practise and is the Law Ministry seriously concerned about ending nepotism?

Ajmer Singh, Wednesday, April 11, 2007 (New Delhi), NDTV.COM

Indians are worlds most undemocratic people: Book

March 6, 2007

New Delhi, March. 4 (PTI): Indians are perhaps the world’s most undemocratic people, living in the world’s largest and most plural democracy where a person’s self-worth is almost exclusively determined by the rank he occupies, says a new book. A profoundly hierarchical society, in India the determination of relative rank (Is this person superior or inferior to me?) remains very near the top of subconscious questions evoked in an interpersonal encounter, says the book The Indians, Portrait of a People by psychoanalyst and culture commentator Sudhir Kakkar and anthropologist Katherina Kakkar.The gratification of the 300 million middle-class consumers, does not lie in their being consumers in a global marketplace but in being somebody in a profoundly hierarchical society, the authors say. You must be somebody to survive with dignity, since rank is the only substitute for money. Thus retired judges, ex-ambassadors and other sundry officials who are no longer in service are never caught without calling cards prominently displaying who they once were, authors say.

Irrespective of his educational status and more than in any other culture in the world, an Indian is a homo hierarchicus, the book says.

Although at first glance the notion of Indian-ness among the one billion population speaking 14 major languages with pronounced regional differences may seem far-fetched, yet from ancient times European, Chinese and Arab travellers have identified common features among India’s peoples, it says.

Some of the values that govern Indian institutional and work life empirically demonstrated by the GLOBE (Global Leadership and Organizational Behavior Effectiveness) revealed that South Asia has the greatest power distance – that is, the degree to which people are separated by power, authority and prestige. In other words, the difference in status between the chief executive and the office peon, the raja and the runk is at its maximum in this region and in India, the book says.

Second only to the family as a pervasive social dimension of Indian identity is the institution of caste, the authors say. The ancient divisions of Hindu society into the priest (Brahmin), warrior (Kshatriya), tradesman (Vaishya) and servant (Shudra) classes, in that order of ranking is still used to locate a person in the wider social space, the book says and quotes an example political commentators speaking of mobilising the Brahmin, Vaishya or the backward classes (as the Shudras are called now) during elections.

The authors also say that although the cliched relationship between an overpowering mother-in-law and a silently suffering daughter-in-law is a bitter reality for many young women, the changes that are taking place in the power structure of the educated middle class have made many a mother-in-law views herself as a loser across the board. She feels bitter and shortchanged that although she suffered under the whims and moods of older family members when she was young bride, now, when it is her turn to reap the fruits of being the family matriarch, she can neither take the respect of her better educated daughter-in-law or the loyalty of her son for granted.

The Indians: Portrait of a People by Sudhir Kakar and Katharina Kakar
Published by Penguin Books India Price: Rs 395.00, ISBN: 0670999237