Sunday, September 30, 2007

Threats of the Iron Hand

I don't know which India got freedom in 1947. Is it Gandhi's India or is it some colonial anal retentive's India?

Arundhati Roy has written with such great passion about the judiciary in India:
The Rule of Law is a precept that is distinct and can often be far removed from the principle of justice. The Rule of Law is a phrase that derives its meaning from the context in which it operates. It depends on what the laws are and who they're designed to protect.

Now Read this PTI report, published in the Indian Express:

SC stays DMK-sponsored TN bandh
Sunday September 30 2007 14:44 IST

NEW DELHI: Supreme Court has stayed a ruling DMK led alliance-sponsored bandh on Monday or any other day in Tamil Nadu on the issue of Setu Samudram.

Holding a rare sitting on a Sunday, a bench of Acting Chief Justice BN Aggrawal and PP Naolekar ordered that the DMK and its allies shall not go ahead with the bandh either on 1st October or any other date, as the bandh per se was illegal and unconstitutional in view of the apex court's earlier ruling on the validity of "bandhs."

Meanwhile, DMK patriarch and Tamil Nadu Chief Minister M Karunanidhi to undertake fast on Monday demanding early completion of the Sethusamudram project.

The apex court passed the direction on an "urgent application" filed by the opposition AIADMK along with its special leave petition seeking an injunction against the bandh.

The three-hours arguments that preceded the direction was laced with scathing and stinging remarks from the bench which minced no words in expressing its strong displeasure on the very concept of bandh and the perceived defiance of law by the citizens in the country, not to mention the political parties.

"That's the problem in this country. We have to deal everything with an iron hand in this country. Otherwise things will not work.

Every organ, let it be the legislature, executive or judiciary has to deal with an iron hand," the apex court observed.

Recalling that the apex court had in 1998 clearly upheld the ruling of a full bench of the Kerala High Court that calling or enforcing a bandh was illegal and unconstitutional, the bench regretted that orders of the courts were being violated with impunity in the country.

"We have come to this stage in the country that everything has to be monitored, hammered or directed by courts. Even orders of the Supreme Court are not observed, what to talk of the High Courts. Ninety-nine per cent of the High Court orders are not complied," the apex court said.

The apex court rejected arguments of senior counsel Altaf Ahmed and A K Ganguly appearing for Tamil Nadu and the DMK that the October one protest programme was not a bandh call but rather a "hartal".

"If it is a bandh then it is a breakdown of the Constitutional machinery.Your own resolution says that the programme on October 1, is intended to ensure complete cessation of all activities, then how can you say it is not a bandh?," the bench grilled the Tamil Nadu counsel.

The bench brushed aside the claims of the State and the DMK that what was essentially intended was a public meeting.

"Where is the public meeting you show us. Your resolution say it is cessation of all activities and work. You want to show your popularity. Why do you want to close all down educational institutions and commercial activities. Where will you then find the people for your meetings," the apex court asked in a sarcastic tone.

It was Gandhi, Father of the Nation, who gave us the invaluable lesson of non-cooperation and general strikes. Today the supreme court of India, the two judges have in fact condemned Gandhi.

Acting Chief Justice BN Aggrawal and PP Naolekar's words have a lot of meaning:

"That's the problem in this country. We have to deal everything with an iron hand in this country. Otherwise things will not work.

Every organ, let it be the legislature, executive or judiciary has to deal with an iron hand."
The Iron Hand mentioned by the Supreme Court is very symbolic. Independent India saw the Iron Hand in 1975 when Indira Gandhi imposed the Emergency. The Iron Hand is that of Brute Power - Unbridled Power - Absolute Power. The Iron Hand is that of a Big Bully. The Iron Hand is of Hitlerian proportions. The Iron Hand is undemocratic. The supreme court, that too the Acting Chief Justice shouldn't be using such language; it is downright FASCIST.

Gandhi, or even that matter someone like Nehru, never envisaged a senior judge of our beloved nation using such perverted language. We fought for our freedoms, how can we forget the sacrifice of so many freedom fighters - whose selfless actions gives us a chance to live in a free India? Would Netaji Subash Chandra Bose allow such fascist language from the highest judicial office in India? What would have Gandhi done? The father of our nation would have called for a national bandh to protest against such fascist remarks and he would have gone on a hunger strike.

You want to show your popularity. Why do you want to close all down educational institutions and commercial activities. Where will you then find the people for your meetings," the apex court asked in a sarcastic tone.
Popularity is not a shameful thing in a democracy. Why is the court so worried about the commercial activities?

I don't know what Lemurian dreams Karunanidhi has. McMenon is a fair dinkum malayalee - and is quite proud of what Karunanidhi has done. Search through entire Tamil Nadu and Kerala... you wouldn't find an Old RAM temple anywhere. The dark men Siva and Krishna are the most popular Gods of South India. Ram who? One who chose power over his pregnant wife, one who chose Kursi over Patni. One who unashamedly clung on to power than to protect the dignity of his wife.

We don't bow our heads to such a man. As a man, Ram's primary duty is to protect his wife and family. He failed in his manly duties - he is no hero, no God.

If Ram knew everything, why did he ask Lakshman to learn from a dying Ravana - the art of governance?

Ramayan is a collection of many parables. Kambar has written a wonderful Ramayan in Tamil, probably the most thought provoking Ramayana of all time.

Ravana was a good king; he was a big Siva devotee. I know there are many deniers of Aryan-Dravidian conflict, there are also people like my father in law, who thinks Tamil has its roots in Sanskrit. Ignorant people will always exist; such people don't need knowledge - cause they can do nothing with it.

Adi Sankara sang, "Bhaja Govindam," knowing too well that the only salvation for fools is through prayers. Fools are unable to use any form of intelligence anyway.

Who is the court to make remarks on "you want to show your popularity" living in a democracy? Mind you, the politicians, judges, and policemen are public servants. The court has thrown down the gauntlet. Karunanidhi is doing the right thing by observing a hunger strike; he is appealing to the greater constituency of India - the poor and the under-privileged. India is not all about Middle Class and Upper Class. Last time I checked, India was still a democracy where votes do get counted. Unlike Bush's America or Calderon's Mexico - In India votes do get counted.

BJP wants DMK government to be dismissed. I am waiting for that day. Guess what, dismiss the government - DMK will win the next election with 90% votes.

Tamil Nadu has 39 MPs in the parliament (Lok Sabha). They simply get to decide who rules India in this day of coalition politics. You don't like Idli Sambaar people, you need their votes though.

What happens when our basic rights are trampled upon - do we not assemble and call for a bandh? What if our democracy is under threat through a 'defamation law' (remember the draconian law Rajiv Gandhi wanted to implement in India?) or some other stuff?

DMK has achieved more publicity and political mileage than what it had asked for. The supreme court judges are no politicians; they should have stayed back and done their job of interpreting law - not creating new law.

The lawmakers in India are the legislature - the politicians.

The supreme court judges, listening to all what has happened the Chief Justice in Lawless Pakistan have flung themselves into a political war. Lesson One: If you are not a politician, never play politics - that too with a seasoned politician like Karunanidhi.

Karunanidhi is a popular man, every Tamilian knows him. How many Indians know this Acting Chief Justice?

Oh ho, I could be held in contempt of the highest court in India.

Arrest McMenon please, put me behind bars. Let me be the first victim of this anti-democratic machinery which is governing India.

The court, in its whatever wisdom, talked about how the Iron Hand is so critical in India. A People's Revolution is not too far away, if people and institutions who are to uphold the values of democracy start using Fascist language. No we won't turn the other cheek all the time; if you threaten us with the Iron Hand, we the people will strike back.

Sixty years after independence from the colonial Brits, we are ready for another freedom struggle - to have a Secular, free, truly Democratic India. By secular, I mean - no religion will have any special status in our nation. No more appeasement of minorities through minority businesses and vote banks.

It is time to fight for self-respect and people's rights. I wish to write more... and I will keep on writing.

*If you are a big fan of the consumerist-religionist-crap-philosophy, please don't bother to comment.


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