On January 26, 1950, India as a nation was not reborn rather it was christened. The rules (the constitution) to run a nation were put to practice from that day. Till then we were ruled by British Law under the British Monarch but on that day it ceased to be so and India became a Republic. 60 years it has been today since then and the rule of law is facing an asthma attack.
“WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a [SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and
to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the [unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twentysixth
day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.”
This is the preamble of our constitution. Its importance can be compared to that of 'United States Declaration of Independence.’ The declaration lays the foundation for freedom, the reason. The preamble tells us – How we will live in this country.
According to the supreme court it should be only used to interpret the constitution in an ambiguous situation. Well read it. Read it many times over, over again, and the one thing that we will have to confront is we are not what the preamble envisaged. It has the spirit of why we needed freedom; freedom from the Raj (British Raj). Looking at it today there is still a lot for us to imbibe from it.
The first line says – we the people of India, having solemnly resolved to constitute India into a socialist, secular, democratic, republic.
That’s a big line, have we resolved to it? We are secular, democratic, republic and socialist to some extent. But more in words, cause actions fail to support this. Yes we are secular; we crucify everyone in the name of religion. Yes we are socialist; we will privatize all companies, profit or loss making alike. Yes we are democratic, every time we have elections we choose a powerful thug; this may not be entirely true since there is a lot of hope with Omar Abdullah. Let time be the judge on him for he is still young. That’s quite an achievement for us.
The next one has many components where we the citizens shall enjoy justice, liberty and equality. Alas! We are a dismal lot here too.
On December 23, 2008, Lok Sabha passed eight bills in 17 minutes! Now these are rare species of human and they should be kept in a museum or should they be sent to the zoo cause how many humans can present, debate and arrive at a consensus on eight bills in 17 minutes? Among this bill includes a radically altered Criminal Procedural Code (CrPC). According to this bill cops cannot arrest a criminal if charges would result in seven years or less of imprisonment on proving guilty
Therefore now one can do anything short of killing which is termed as – attempt to commit culpable homicide - So harm in trying or scaring some one to death. Then, I am sure that thieves will upgrade themselves to robbers, as robbery too comes under the same gambit. Or you can act like Raju or Madoff i.e. cheating; women can be sure to not feel so good because 'outraging a woman’s modesty' is no more a serious issue according to the government (I really want to know what women MPs and the President have to say on this); this should help the son's of those MPs who are involved in cases of rape etc. Oh and a new tool of killing anyone perceived to be threat by politicians will be 'death caused by negligence' a.k.a try killing some one then just prove that it was negligence. After doing all or one of them, the police department famous for being inefficient will only serve a notice.
Now comes the fuuny part - the notice of appearance casts a duty on the accused person to appear before the police and “cooperate” with the investigation. (Freedom at last!) It is only if he fails to comply with the terms of the notice that the question of arresting him will arise. And what will the police do when the criminal runs away? Try chasing him/her, how in humane that is, making a pot belly officer run after a criminal? That is insanity? Where is the Human Rights commission?
Now back to the benifits of the criminal - I guess the easy thing to do would be to commit a crime and if you are served a notice then get ready to run. Just leave the country and go some place, cause if proven guilty you will go to jail. And if you can hire some smart lawyer and give a little money to the prosecution also make sure to do something that would make the witness go hostile. Well if you can do all of these then dont go to bahamas or some other place like Dubai or Pakistan. WE (the government- please dont get confused with the people) will protect you!
Oh and the best part is that if the police arrest accused person then they (police) will have to tell the court ‘why it did so and furnish evidence in support of it.’
On the other hand new laws are being incorporated for terror – latest in the list being strengthening of Unlawful Activities (Prevention) Act, (UAPA), 1967. When will we learn? Previously also we had these anti-terror laws but it has never managed to protect us. The truth is, they have been abused by those in power time and again.
Now see the funny part these laws (TADA, POTA and UAPA) do not identify any new offenses under the law. Because ‘terrorism’ is complex and no country could define terrorism in precise legal terms. One man’s terrorist turns out to be another’s hero. What is done is that, definition is made murky and vague. Now look at this, violence itself is also a given importance under other offenses like murder, arson, loot, rioting, causing injury, etc. under the Indian Penal Code (IPC) or under laws like the Arms Act or the Explosives Act. The very offenses specified under these draconian laws.
However, if a person is charged under the provisions of UAPA instead of the IPC, the police would obtain legitimacy for torturing the accused. Thus, it will be the cop choice to charge under UAPA. The accused would then be denied bail, the only good thing is they wont accept forced confessional statements. So, overnight, they become "terrorists" in the eyes of the law while the other accused remain without any such term tag. Therefore if a politician or a well connected person is charged it wil definitely be IPC and a normal person will be left to the mercy of the Cop.
With such double standards being implemented how can we say that WE WILL PROVIDE JUSTICE TO OUR citizen – social, economic and political?
LET THE SHOW GO ON
Course books have been meddled by past two governments. And now the states and centre are having different things in their books. The precedent has been set; history will not reflect the past but those in the seat of power will decide what the past was.
“Media is the fourth pillar of democracy” – This statement was there in the school text book (don’t know if it is still there or not.) And Jawaharlal Nehru understanding the importance of this fourth pillar sanctioned in Delhi the prime spot building around Income Tax Office (ITO), so that media is near the seat of power and can put a check on those in the driving seat of the country.
There are instances like emergency when the press did what it’s supposed to do or at least tried to do so. So did it manage to get justice in Jessica Lal murder case but what about now? It is quite when the rules are being set to end justice. Why did it behave irresponsibly when there was carnage in Mumbai? Why is it that India doesn’t allow Aljazeera being the biggest democracy? What is there to fear?
We allow hatred in the name of freedom etc. ‑ Gujrat 2002 (target of hate - Muslims), Orissa & Karnataka 2008 (target of hate – Christians), Jammu & Kashmir 2008 (target - minority in the respective area). This is a small list post millennium, detailed and well researched would be longer. The noted ones in pre-millennium have been – Sikh riots (1984), post Babri Masjid riots (1992) and many more; this we have allowed so far. But a channel with the idea of representing the other side will not be allowed?
Where is the citizens ‘LIBERTY of thought, expression, belief, faith and worship’? Why is one allowed to preach hate in any form but the other cannot even practice the liberty? Why the double standard?
Without Justice and Liberty how can one even think of Equality?
For the record how are we equal? When those who rule us can get away after scams and get re-elected? When the CJI says that judges need not declare assets, then where do Justice and Equality Stands?
But this should not mean the end of the world
One thing maybe we have managed to preserve is the idea of ‘Fraternity’; if not in the complete then partial. The belief that we are a great nation persists, when things go awry from riots to Mumbai 26/11 we get to see the believers stand up. There are those who stand for the fraternity like Hemant Karkare and many others whose names have not been highlighted but contribution no less in significance.
On the road the feeling of nationalism is high in every one, in there own ways. If not for the county, then for a holiday, the spirit is at a high. And ‘Yes’ we are secured on that one day because the, our dear politicians are safe with their A, B, C to X, Y, Z security cadre around them.
Let us try to keep the spirit because that will only give us the hope. The hope – Change will happen, and there shall be a better Day. That winter can be long but will end some day. For it is our work to keep the lights on and stand for the fraternity in the hope, “one day democracy will bring justice and liberty.” That will be the day when the constitution will follow the preamble in spirit and word!
Jai Hind!
According to the supreme court it should be only used to interpret the constitution in an ambiguous situation. Well read it. Read it many times over, over again, and the one thing that we will have to confront is we are not what the preamble envisaged. It has the spirit of why we needed freedom; freedom from the Raj (British Raj). Looking at it today there is still a lot for us to imbibe from it.
The first line says – we the people of India, having solemnly resolved to constitute India into a socialist, secular, democratic, republic.
That’s a big line, have we resolved to it? We are secular, democratic, republic and socialist to some extent. But more in words, cause actions fail to support this. Yes we are secular; we crucify everyone in the name of religion. Yes we are socialist; we will privatize all companies, profit or loss making alike. Yes we are democratic, every time we have elections we choose a powerful thug; this may not be entirely true since there is a lot of hope with Omar Abdullah. Let time be the judge on him for he is still young. That’s quite an achievement for us.
The next one has many components where we the citizens shall enjoy justice, liberty and equality. Alas! We are a dismal lot here too.
On December 23, 2008, Lok Sabha passed eight bills in 17 minutes! Now these are rare species of human and they should be kept in a museum or should they be sent to the zoo cause how many humans can present, debate and arrive at a consensus on eight bills in 17 minutes? Among this bill includes a radically altered Criminal Procedural Code (CrPC). According to this bill cops cannot arrest a criminal if charges would result in seven years or less of imprisonment on proving guilty
Therefore now one can do anything short of killing which is termed as – attempt to commit culpable homicide - So harm in trying or scaring some one to death. Then, I am sure that thieves will upgrade themselves to robbers, as robbery too comes under the same gambit. Or you can act like Raju or Madoff i.e. cheating; women can be sure to not feel so good because 'outraging a woman’s modesty' is no more a serious issue according to the government (I really want to know what women MPs and the President have to say on this); this should help the son's of those MPs who are involved in cases of rape etc. Oh and a new tool of killing anyone perceived to be threat by politicians will be 'death caused by negligence' a.k.a try killing some one then just prove that it was negligence. After doing all or one of them, the police department famous for being inefficient will only serve a notice.
Now comes the fuuny part - the notice of appearance casts a duty on the accused person to appear before the police and “cooperate” with the investigation. (Freedom at last!) It is only if he fails to comply with the terms of the notice that the question of arresting him will arise. And what will the police do when the criminal runs away? Try chasing him/her, how in humane that is, making a pot belly officer run after a criminal? That is insanity? Where is the Human Rights commission?
Now back to the benifits of the criminal - I guess the easy thing to do would be to commit a crime and if you are served a notice then get ready to run. Just leave the country and go some place, cause if proven guilty you will go to jail. And if you can hire some smart lawyer and give a little money to the prosecution also make sure to do something that would make the witness go hostile. Well if you can do all of these then dont go to bahamas or some other place like Dubai or Pakistan. WE (the government- please dont get confused with the people) will protect you!
Oh and the best part is that if the police arrest accused person then they (police) will have to tell the court ‘why it did so and furnish evidence in support of it.’
On the other hand new laws are being incorporated for terror – latest in the list being strengthening of Unlawful Activities (Prevention) Act, (UAPA), 1967. When will we learn? Previously also we had these anti-terror laws but it has never managed to protect us. The truth is, they have been abused by those in power time and again.
Now see the funny part these laws (TADA, POTA and UAPA) do not identify any new offenses under the law. Because ‘terrorism’ is complex and no country could define terrorism in precise legal terms. One man’s terrorist turns out to be another’s hero. What is done is that, definition is made murky and vague. Now look at this, violence itself is also a given importance under other offenses like murder, arson, loot, rioting, causing injury, etc. under the Indian Penal Code (IPC) or under laws like the Arms Act or the Explosives Act. The very offenses specified under these draconian laws.
However, if a person is charged under the provisions of UAPA instead of the IPC, the police would obtain legitimacy for torturing the accused. Thus, it will be the cop choice to charge under UAPA. The accused would then be denied bail, the only good thing is they wont accept forced confessional statements. So, overnight, they become "terrorists" in the eyes of the law while the other accused remain without any such term tag. Therefore if a politician or a well connected person is charged it wil definitely be IPC and a normal person will be left to the mercy of the Cop.
With such double standards being implemented how can we say that WE WILL PROVIDE JUSTICE TO OUR citizen – social, economic and political?
LET THE SHOW GO ON
Course books have been meddled by past two governments. And now the states and centre are having different things in their books. The precedent has been set; history will not reflect the past but those in the seat of power will decide what the past was.
“Media is the fourth pillar of democracy” – This statement was there in the school text book (don’t know if it is still there or not.) And Jawaharlal Nehru understanding the importance of this fourth pillar sanctioned in Delhi the prime spot building around Income Tax Office (ITO), so that media is near the seat of power and can put a check on those in the driving seat of the country.
There are instances like emergency when the press did what it’s supposed to do or at least tried to do so. So did it manage to get justice in Jessica Lal murder case but what about now? It is quite when the rules are being set to end justice. Why did it behave irresponsibly when there was carnage in Mumbai? Why is it that India doesn’t allow Aljazeera being the biggest democracy? What is there to fear?
We allow hatred in the name of freedom etc. ‑ Gujrat 2002 (target of hate - Muslims), Orissa & Karnataka 2008 (target of hate – Christians), Jammu & Kashmir 2008 (target - minority in the respective area). This is a small list post millennium, detailed and well researched would be longer. The noted ones in pre-millennium have been – Sikh riots (1984), post Babri Masjid riots (1992) and many more; this we have allowed so far. But a channel with the idea of representing the other side will not be allowed?
Where is the citizens ‘LIBERTY of thought, expression, belief, faith and worship’? Why is one allowed to preach hate in any form but the other cannot even practice the liberty? Why the double standard?
Without Justice and Liberty how can one even think of Equality?
For the record how are we equal? When those who rule us can get away after scams and get re-elected? When the CJI says that judges need not declare assets, then where do Justice and Equality Stands?
But this should not mean the end of the world
One thing maybe we have managed to preserve is the idea of ‘Fraternity’; if not in the complete then partial. The belief that we are a great nation persists, when things go awry from riots to Mumbai 26/11 we get to see the believers stand up. There are those who stand for the fraternity like Hemant Karkare and many others whose names have not been highlighted but contribution no less in significance.
On the road the feeling of nationalism is high in every one, in there own ways. If not for the county, then for a holiday, the spirit is at a high. And ‘Yes’ we are secured on that one day because the, our dear politicians are safe with their A, B, C to X, Y, Z security cadre around them.
Let us try to keep the spirit because that will only give us the hope. The hope – Change will happen, and there shall be a better Day. That winter can be long but will end some day. For it is our work to keep the lights on and stand for the fraternity in the hope, “one day democracy will bring justice and liberty.” That will be the day when the constitution will follow the preamble in spirit and word!
Jai Hind!
