Judiciary under the Nizams of Hyderabad
- Dr. H. Rajendra Prasad*
Hyderabad, it is generally recognized, was a Moghal
off-shoot in the Deccan. It rose from the dying embers of
an enfeebled Moghal empire. The founder of Hyderabad's
line of rulers - the Asif Jahs - was a Moghal appointee. Mir
Qamruddin Khan, the Moghal Viceroy of the Deccan region,
owed his initial authority to the seat of nominal durbar at
Delhi. Seventeen years after the death of the last powerful
Moghal emperor, Aurangzeb, the Moghal Viceroy of Deccan
declared what was for all purposes independence and
assumed near-sovereign powers. Given such strong bonds
with the Empire, it was little wonder that the State, founded
in 1724 by Nizam-ul-Mulk Asif Jah I, inherited, or adopted
with gusto, all that constituted Moghal flavour and
complexion: governance, social manners, land admini-
stration, nobility, court protocol, civil and military organi-
zation, cuisine, apparel - in fact everything that mattered to
the successor State.
So it was with justice, judiciary and judicial admini-
stration…
Originally comprising a cluster of Hindu chiefs and
rulers, some powerful like Kakatiya and Vijayanagar
kingdoms, the Southern region had long come under the
hegemony of Muslim conquerors from the north. Though
no more than a minority in a vast Hindu area, the victors
brought with them their Islamic modes of thought and deed.
Some of them, like the Qutb Shahi rulers learnt to treat all
their conquered subjects with a measure of impartial fairness.
Nevertheless, the basic tint and substratum of governance
remained predominantly Islamic.
The traditional Muslim view was that the Islamic
Law is natural, or more precisely, the Nature's Law. It is not
dependent on time, constricted by space, or confined to
any particular place. It is universal in its applicability, and
acquires currency in all ages and every era. The law of Islam
derives from what is called Usool-e-Fiq, or principles
comprising broadly the teachings of the Quran (the revealed
scripture), Hadees (the sayings of the Prophet), ijmah (debate
or discussion among learned religious scholars) and ishtahaj
(consensual authoritative comment of the Ulema) - and a
facilitatory process of qiyas (logical thought) and tafseer
(exegesis). In essentials the Islamic law takes on a compre-
hensive sweep: five hundred principles enshrined in the
Quran, three thousand sayings from the Hadees, and
numerous ideas from Ijmah.
*Former Chief Post Master General, Andhra Pradesh.
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Traditionally, the Qazi - an official charged with
responsibility and authority to interpret and administer
religious law - occupied a position of centrality in all Islamic
societies. Prior to the emergence of Asif Jahs there had been
no well organized system of delivery of justice or redressal
of grievances in the region; it had been an era of remorseless
repression In the context of Deccan the Nizam came to
assume the position of head of executive as well as civil and
military departments of his government. He sat as a judge
in all original cases relating to revenue and landed property.
A Chief Judge (Qazi-e-Subah) headed the Provincial
judiciary, and enjoyed powers that were co-extensive with
the Governor of the province.
Lala Mansaram (Masar-e-Nizami) has left it on
record that the founder of the Asif Jahi line, Mir Qamruddin
Khan Nizam-ul-Mulk, was a devout man besides being an
intrepid general. He is said to have modelled his conduct
on the mode and pattern of Aurangzeb, and viewed his
station as the Vice-Regent of God and regarded temporal
authority as a gift from the Almighty. In that light, he was a
trustee of the people's rights who could not usurp the
inheritance of anyone. When an opinion expressed by him
was found incompatible with fairness and Shara, Nizam-ul-
Mulk was not averse to apologizing to the Qazi by owning
up the error.
Broadly, important towns had a court presided over
by a Qazi, while the Court in the capital, known as Dar-ul-
Qaza-Balda-e-Hyderabad, acted as the highest court of
appeal. Parallely, ecclesiastical courts, known as Sadar,
functioned in important moffusil towns with a higher one,
Sadarat-ul-Aliya under a Sadar-us-Sudoor. In criminal
matters, it was the Islamic law that prevailed, while in civil
matters, where the parties were not Muslim, the cases were
generally referred to Panchayats
The basic judicial structure put in place by Nizam-
ul-Mulk remained intact during the regime of his successors.
Inescapably, however, the contours and complexion of
judicial administration in Hyderabad came to be intervowen
with the fluctuations in her political fortunes. One seminal
trend in this regard was the increasing importance that the
Divans came to acquire in the power structure of the State.
Not long after their initial contact with the Nizams, the
British East India Company gathered around themselves
enough coercive power to be in a position to manipulate
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the policies and actions of their 'Subordinate Ally'. This was
true of the regimes of the four Nizams who came after the
founder: Nizam Ali Khan, Sikander Jah, Nasir-ud-Dowla
and Afzal-ud-Dowla. One effective and unfailing instrument
for pushing their authority through the side-door was to
instal a succession of pliable persons as Divans, who showed
themselves concerned more with promoting British interests
than protecting the interests of their own master. Azam-ul-
Umara, Mir Alam, Siraj-ul-Mulk, Munir-ul-Mulk and
Chandulal, fell in this category in varying degrees of
flagrance. The Divans, who, incidentally, were invested with
some overriding judicial powers under the kings of Delhi
Sultanate, had been divested of those powers but under the
Mughal rulers. Nizam-ul-Mulk continued the Mughal
practice with his Diwan playing no significant role of judicial
kind in the affairs of the territory. This changed during the
regime of his successors, with the Diwans acquiring
increasing judicial powers.
While the British-backed Divans revelled in their
growing importance in the affairs of the State, the situaion
deteriorated throughout the region. At the level of
governance it was a sad story of widespread lawlessness and
insecurity. The Nizam sulked in the innards of his palace,
unable to confront the British Resident or to control his
Minister. Pathan Jamedars harassed the peasantry. Robbers
and bandits infested the highways and countryside. The
Divan was on a rampage, almost. Lawlessness and insecurity
held sway everywhere. Execution of judgments was difficult
to carry through. People with a grievance probably found it
more expedient to obtain justice through instant coersion
by employing own mercenaries to perform that job. The
Qazis were left largely without work except to oversee
performance of marriages and issue nikah-namas.
Even so, a beginning to the long-needed judicial
reform emerged around this very time out of the prevailing
chaos. Diwan Siraj-ul-Mulk may well be called the progenitor
of modern judicial system in Hyderabad. He was
instrumental in setting up in 1821 a new court, Adalat-e-
Diwani in his palace and placed it under two Hindu pandits.
One other court, Adalat Faujdari or Court of Criminal
Judicature, (subsequently renamed Adalat-ul-Aliya) was
establishing in 1838. It was also during the tenure of Siraj-
ul-Mulk that the Government of Nizam abolished capital
punishment. For sometime the institution of the Qazis had
fallen to bad times due to a variety of reasons. Siraj-ul-Mulk
directed his attention to this sorry state and took steps to
appoint Mir Adls, Mirs and Mir Munsiffs at various levels,
and fixed clearly quantified salaries for each of them. In 1846
he set up what was known as Adalat-e-Diwani-e-Khurd or
Small Causes Court that has survived the Diwan, the ruler
and the regime itself and continues to function till today
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with periodic modifications and alterations to its structure
and composition.
'The King can do no wrong' is essentially a Western
concept... The Shara does not support this view. Custom
nevertheless ensured that the ruler of the realm was exempt
from the jurisdiction of any court of law. This held true of
the early Nizams as well. It might therefore be interesting to
note the role and status of the Nizam in the judicial scheme
of Hyderabad State. The Nizam in his capacity as the ruler,
enjoyed absolute sovereign authority in all spheres of his
territories. He could sanction the establishment of new
courts, appoint judges, and also confirm or commute
stringent sentences imposed by them. In theory, therefore,
he could well disregard or disobey the Courts. But at the
same time the Nizam held the rank of Chief Judge and would
not be expected to anything to demean, diminish or destroy
the majesty of law as interpreted or pronounced by 'his'
own law courts. This fact alone, more than any other, served
to engender a measure of restraint and balance between the
dual responsibilities of the Nizam.
The appointment of Mir Turab Ali Khan, Salar
Jung, as the Diwan in 1853 proved to be a landmark event
in the history of Hyderabad State. During the next thirty
years he embarked on a furiously wide-ranging cycle of
reforms, initially with the backing of the Residency but,
later, in the face of British hostility. In the sphere of judicial
administration Salar Jung turned his attention to the
continuing defiance and confusion spread by Arab, Pathan,
Rohilla and Sikh belligerents who were a law unto themselves,
seemingly beyond the jurisdiction of any of the existing law
courts. Within two years of his appointment he set up a
new court, Adalat-e-Badshahi, or the King's court, and
invested it with wide authority, including the power to
execute its own orders. Simultaneously, he moved to his
palace one of the existing courts and renamed it Adalat Chini
Khana, and set up one more court to try the Sikh soldiers
As a reward for the help extended to the British
during the troubled days of the Great Mutiny (1857), the
Raichur Doab and Naldurg pargana were restored to the
Nizam whereupon an original court and an appellate court,
Kutcheri Azla-e-Mustarida and Sadar Adalat Azla-e-
Mustarida (1863) respectively, were established to deal with
cases arising in these retroceded districts. A special court
was started in 1859 for the trial of Rohillas and other dagger-
happy ruffians who were prone habitually to commit heinous
crimes.
Besides restructuring the existing courts, many new
ones, and supporting or controlling offices and institutions,
were set up by Salar Jung. A legal department was started in
the Government in 1875. Trafficking in children and the
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abominable practice of Sati had been banned in 1856 and
these prohibitions were reiterated and firmly imposed in
1876. In 1869 for the first time the post of a Minister of
Justice, Sadar-ul-Maham Adalat, was created, and even earlier
a Judicial Secretariat (1862) was set up. In the same year
stamp duty on bonds and legal documents was introduced.
These steps, together with the creation of an exclusive
Zilladari Force to suppress rampant Rohilla crimes, proved
salutary for peace in the countryside.
Zillabandi was the central piece of Salar Jung's
reform strategy. It inevitably impacted the judicial set-up
too. The entire State was divided into five Divisions and
placed under a Sadar Taluqdar (equal to Commissioner in
British Indian Provinces), Districts headed by Taluqdars
(Collectors/ Deputy Commissioners), Taluqas (under
Tahsildars) below which were Mouzas (villages) where two
village officials Maali or Kotwali Patels administered the
day-to-day local affairs All of these officials, except the Maali
Patels, were invested with administrative, and importantly,
judicial powers on a sliding downward scale. This was an
early exercise in decentralization of power in a setup that
was essentially feudal.
The next dose of reform of the judiciary came in
the form of what is known as Qanooncha promulgated by
the ruler's edict in 1892. It was announced by the sixth
Nizam, Mir Mahboob Ali Khan. The Qanooncha was a wide-
ranging ordinance that attempted the restructuring of
internal dispensation in higher echelons of administration.
In the very next year, 1893, a Legislative Council was
established for enacting laws for the State. It had, as the
ruler's nominees, the Chief Justice of the High Court, a
puisne judge and Judicial Secretary to the Council as
members - an indication of the importance attached by the
Palace to the higher judiciary and judicial officers.
Come twentieth century, and the rule of the seventh
Nizam. In 1919, the year that saw an end to the disastrous
First World War, Mir Osman Ali Khan inaugurated a new
apex body, known as the Nizam's Executive Council, headed
by an eminent Barrister from Bihar and former Member of
Viceroy's Executive Council, Sir Ali Imam,
Due to the concentration of judicial and civil powers
in the hands of Revenue officials, the litigants had until then
found it expensive and problematic to present themselves at
the hearings of cases in which they were involved either as
plaintiffs, defendants or even as witnesses. The officials (who
possessed also judicial powers as a necessary adjunct to their
appointment) were loaded and preoccupied with Revenue
and Settlement tasks, which they were apt to regard as their
primary duty. Judicial work was a lower priority. In the
normal discharge of Revenue work, these officials often
travelled to remote and far from accessible locations, and
200
expected the litigants too to reach those distant places. The
hearings, however, had a tiresome tendency, then as now, to
be adjourned repeatedly for a variety of valid or untenable
reasons. Consequently, witnesses and litigants were obliged
to undertake repeated and difficult journeys at considerable
expense and discomfort, only to find that their cases stood
deferred to some future date.
The rather antiquated situation was ripe for a
change. The existing judicial arrangements, wobbly and
creaking due to a variety of historical reasons, demanded
changes to be responsive to modern requirements.
The big change came on 8th May, 1921, when the
seventh Nizam, Mir Osman Ali Khan, issued a farman that
envisaged a complete separation of the Executive from the
Judiciary - a step that was unprecedented in the entire
subcontinent, including the British Indian provinces. In one
sweep every District and taluqa in the State was given a
whole-time judicial officer or Munsif. Parallely, the Revenue
officers at those centres stood divested of all judicial powers.
The decision was a distinct trail-blazer. Those who paved
the way for this path-breaking reform were the Judicial
Secretary Mushtaq Hussain, former Chief Justice Sir Nizamat
Jung, and Hyder Nawaz Jung, Chief Justice Mirza Yar Jung,
and the Prime Minister, Sir Ali Imam, who triggered the
move. And above all, what rendered it possible was the
willingness of the Nizam to permit such path-breaking
measure.
Simultaneous with the de-linking of the Executive
and Judiciary branches of administration, the old Manual
of Instructions (Dastur-ul-Amal) for judicial officers, issued
in 1885, was replaced by a Royal Charter (Manshoor-e-
Khusravi) that conferred on the High Court the status of he
last court of appeal of the realm (mumalik mahroosa) In
March, 1926, the Manshoor (charter) comprising seventeen
Articles, was handed over by the Nizam to Chief Justice
Mirza Yar Jung in a glittering ceremony. It defined the
original and appellate, as also the administrative and
regulatory jurisdictions of the High Court and its advisory
role. The Nizam's supreme authority remained undisturbed,
of course - as it could not indeed be any different in a
monarchical dispensation. Nevertheless, the area of operation
of the Judicial Committee, first set up in 1913-14, was
widened. It usually consisted of retired Chief or puisne juges
and other learned men. Based on the English model, the
Committee was tasked to advise the Nizam on the disposal
of cases referred to him for ultimate disposal where extended
terms of imprisonment, life-sentences and capital
punishment had been awarded.
Alongside such measures a conscious effort was
made to incorporate into the body of laws the codes and
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features of the Acts prevalent in British India. Even prior to
the separation of the Judiciary from the Executive, the
Legislative Council had already passed a Succession
Certificates Act, a Court Fees Act, the Penal and Criminal
Procedure Codes, the Evidence Act and the Prevention of
Cruelty to Animals Act. Some of the earlier Acts that were
hammered into law related to the peculiar needs of the Sate,
such as the Acts relating to Criminal Tribes and the Court
of Wards. These were virtual wholesale borrowings of the
Acts prevailing in British India, not very different from
verbatim translations from English into Urdu. Nonetheless,
they cleared to an extent the cobwebs of tradition and
historical expediencies that had necessitated various rules
and laws at various points of time but had clearly become
out of tune with modern times.
After the second decade of the last century, the
broad, basic contours as well as the varied components of
the State's judicial system and its ancillary supporting
institutions remained largely unaltered until the
disappearance of the Asif Jahi rule in 1948, with only periodic
changes made to streamline or strengthen their working.
For instance, the jury system, prevalent in British Indian
provinces, was introduced on an experimental basis in 1932.
The system of appointing Court Commissions was started.
A method was evolved for the transfer of cases, where
necessary or called for, between Courts of like status.
Provisions were made to deal with instances that attracted
Contempt of Court. A mandatory court dress was prescribed
for Judges, and later, colour-coded robes for the lawyers based
on seniority. Court vacations were fixed. In 1921, a total of
1,530 lawyers were plying their trade in Hyderabad's courts.
They fell into various grades, and shades: Barristers, law
graduates, holders of Judicial Certificaes and three grades of
vakils. It made for an odd, if not actually a comic, spectacle.
So, the judicial examination that had been until then
conferring on them the title and license to practice in a law
court, was abolished in 1926. A uniform standard syllabus
and primary educational qualification were laid down. A
Bar Association was allowed to be formed. A proper faculty
of Law was established in Osmania University with a view
to attracting promising young men towards legal studies.
SUMMING UP
The following broad patterns may be discerned in
the development of judicial dispensation during the two-
and quarter centuries of interregnum of the Nizams' rule :-
1. The house of the Asif Jahs - or the Nizams, as they
were generally known - found itself, like the Qutb Shahi
and Mughal rulers before it, in a region that was home
to a vast non-Muslim population. Their basic notions
of culture, governance and dispensation of justice
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derived from Islamic precepts, practices and sources.
The instruments of justice delivery were, therefore,
necessarily religious functionaries like Qazis who
derived their legitimacy from the Quran at one level
and the ruler at the secular plane.
2. The demographic reality of the territories under their
control warranted, though, a different dispensation.
Pure Islamic law in its entirety could not be forced on
the majority of non-Islamic population. The rulers,
therefore, made a bid to reach out to the Hindus by
(a) appointing learned men like Shastris and Pandits,
and (b) availing of concepts and principles from
Dharma Shastras.
3. The sheer march of time and altering needs of
modernity necessitated frequent changes in the judicial
set-up and practices. The responses to such needs by
the governments of the day, though spasmodic and
tardy at times, were fairly adequate. By separating the
Executive and Judicial branches, the Nizam's
Government achieved a rare march over all other
political units in the subcontinent.
4. The primacy of the Nizam was unquestioned at all
times. Realistically, however, it was the office of the
Diwan that held the key to administration, generally.
When a Diwan was strong, judicial powers tended to
get concentrated in his hands. With active or
surreptitious backing of the British Resident, the
ascendancy of the Nizam was considerably reduced for
a time, while wily aspirants were appointed as Diwans.
Such phases were accompanied by general lawlessness
and the conventional judicial arrangements faltered
badly.
5. It was Sir Salar Jung who significantly nudged the State,
together with its judicial system, into modern era on
the model of British Indian provinces, while retaining
the core and substance of the prevailing indndigenous
system.
6. Within the constraints inherent in a feudal regime,
the government, especially that of the last two Nizams,
made reasonable efforts to march into modernity in
judicial matters. Whatever the defects and deficiencies
of governance and shortcomings of polity- and there
were many - there were no known cases of rank bias of
one kind or the other, overt prejudice or blatant
miscarriage of justice.
This paper is based largely on Prof. Dr. M. A. Muttalib's
Administration of Justice Under the Nizams (1724-1948)
Published by Andhra Pradesh State Archives & Research Institute
(1988)
****
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QÆ∞iÎOѨÙQÍ JHõ¯_» ~å=∂#∞AÅ PÅÜ«∞ x~å‡}O [iyO^Œh
[#„â◊√u.
HÍj|∞QÆæÖ’ ~°OQÆ<å^䌙êfiq∞ PÅÜ«∞O, „ѨHõ¯<Õ L#fl
t"åÅÜ«∞O Ô~O_»∂ <å\˜H˜ D „áêO`«OÖ’ ã≤÷~°OQÍ L#fl =∞`«=ÚÅ
ã¨=∞#fiÜ«∂xfl QÆ∞~°∞ÎKÕã¨∞Î#flq. ã¨=∞#fiÜ«∞O „Ѩ^è•# ÅHõ∆}OQÍ
L#fl^Œ#\ÏxH˜ „u‰õÄ\ÏÅÜ«∂Å∞ „Ѩ^è•# ™êH∆ͺÅ∞. ~°∞„^Œ^Õ=Ùx
HÍÅOÖ’ 12= â◊`å|ÌO<å_»∞ xi‡`«"≥∞ÿ# ã¨Ç¨Ï„ã¨ã¨ÎOÉèí ^Õ"åÅÜ«∞O
„u‰õÄ\ÏÅÜ«∞"Õ∞. â‹·=-"≥·+¨‚=-™œ~° ã¨O„Ѩ^•Ü«∂Å∞ ã¨r=OQÍ
LO_»@=Ú, JO`«~åƒùQÆOQÍ âßHõÎ, QÍ}ÏѨ`åºÅ∞ ‰õÄ_® <≥ÅH˘x
LO_»\Ïxfl D PÅÜ«∞O |∞∞A=Ù KÕã¨∞ÎOk. "åã¨∞^Õ"åÅÜ«∞O
^•fi~°`À~°}O g∞^Œ L#fl #$ã≤OÇ¨Ï `åO_»==¸iÎ - <å\˜H˜ â‹·=
"≥·+¨‚"åÅ ã¨OQÆ=∞™ê÷#O J~Ú# Ü≥∂QÆ <å~°ã≤OÇ¨Ï Láêã¨#
„áê^è•<åºxfl `≥eÜ«∞*Ëã¨∞Î#flk.
WOK«∞q∞OK«∞ D HÍÖÏxˆH K≥Ok# ɡHõ¯Å∞¡ âßã¨# x~å‡`«
`å#∞ *ˇ·#∞_≥·<å - `å#∞ xi‡Oz# PÅÜ«∞ ã¨=Ú^•Ü«∞OÖ’ W`«~°
^Õ=`«Å‰õΩ ™ê÷#O HõeÑ≤Oz ''^≥·=O XHõ¯>Ë U ~°∂ѨOÖ’ L<åfl——
Jx „Ѩ Ñ ¨ O zOK« @ O <å\˜ „Ѩ [ Å, áêʼnõ Ω Å ^è À ~° } ∞Å#∞
Ѩ\ ˜ì~Úã¨∞ÎOk. HÍHõfÜ«ÚÅ HÍÅOÖ’ „áê|źOÖ’ L#fl ¿Ñi}˜
#$`«º ã¨O„Ѩ^•Ü«∞O, =∞`«O Z\Ï¡ ~å[º=º=ã¨÷#∞ x~°fiÇ≤ÏOK«@OÖ’,
=ÚYºOQÍ Ü«Ú^•ú^∞Œ ÅÖ’ `À_»Ê_çOn "≥Å_¡ ç KÕãO≤ k. <å\˜ tÖÏÊÅ#∞
*Ï„QÆ`«ÎQÍ QÆ=∞x¿ãÎ HÍÖÏ=ÚY, áêâ◊√Ѩ`«, HÍáêeHõ ã¨O„Ѩ^•Ü«∂Å∞
„Ѩ[Ö’¡ PK«~}° Ö’ L#fl JOâ◊O QÀK«iã¨∞OÎ k. "Õ~Úã¨OÎ ÉèÏÅ QÆ∞_çÖ’
qëê‚fiÅÜ«∞O PÅÜ«∞‰õΩ_»ºO g∞^Œ ˆHâ◊"åk K«`«∞ifiOâ◊u =¸~°∞ÎÅ∞
L<åfl~Ú. "≥ÅO¡ H˜ QÆOQÍ^è~Œ ° =∞O„u Hˆ â◊"åk K«`∞« ifiOâ◊u =¸~°∞ÅÎ ‰õΩ
„Ѩ`ÕºHõOQÍ W~°"≥·<åÅ∞QÆ∞ PÅÜ«∂Å∞ xi‡Oz#@∞¡ K«i„`« K≥ѨC
`«∞#flk. ~å=∂#∞[ѨÙ~°OÖ’x ѨOK« ‰õÄ\ÏÅÜ«∂Å∞ ã¨O„Ѩ^•Ü«∞
ã≤^Œú"≥∞ÿ# ѨOKåÜ«∞`« ѨÓ[ ~ÚHõ¯_» „Ѩ|ÅOQÍ L#fl JOâßxfl
`≥eÜ«∞*Ëã¨∞Î#flq. WHõ¯_ç tÖÏÊÅ#∞ ѨijeOz`Õ Jq <åQÆѨÓ[,
Éèˇ·~°=ѨÓ[ ‰õÄ_® "åºÑ≤ÎÖ’ L#fl JOâßxfl Ѩ\ ˜ì~Ú™êÎ~Ú.
Platinum Platform
 áêÅ∞¯iH˜ ™È=∞# „ѨѨOzOz# g~°â‹·=O H˘xfl ã¨=∂[
=~åæÅÖ’ "åºÑ≤ÎÖ’ L#fl =∂@ x["Õ∞ HÍx Jk ã¨~Àfi`À"åºÑ¨ÎO
HÍ^Œ∞. HÍHõfÜ«ÚÅ <å\˜H˜ <å^äŒ ã¨O„Ѩ^•Ü«∞O JO`À WO`À
"åºÑ≤ÖÎ ’ LO_®e. Kåà◊√‰õꧏ áêÅ# HÍÅO <å\˜Hˆ D ã¨O„Ѩ^•Ü«∞O
Nâ‹·ÅO ˆHO„^ŒOQÍ "åºÑ≤Oz L#flk. Nâ‹·Å aèH∆Í=$uÎ =∞~î°O - nx
JkèѨu =ÚH˜ÎâßO`« aèH∆Í =$uÎ nxfl „ѨKå~°OÖ’ xÅɡ@∞ì`«∂
=Ù<åfl~°∞. Q“~°# '#=<å^äKŒ i« „`«— D ^èÀ~°}˜ "åºÑ≤ÖÎ ’ L#fl^Œ#\ÏxH˜
„Ѩ|Å"≥∞#ÿ QÆ∞~°∞.Î HÍHõfÜ«∞~å[º Ѩ`<« å#O`«~O° =zÛ# H˘Åx QÆ}Ѩu
^Õ=Ùx t=Ü≥∂QÆ™ê~°O, Ü≥∂QÆ=∂~°æ ™ê^è#Œ Å∞ D<å\˜H˜ „Ѩ|ÅOQÍ<Õ
L<åflÜ«∞#\ÏxH˜ „Ѩ|Å"≥∞ÿ# ™êÇ≤Ï`«º~°∂ѨO. D ™ê^èŒ#Å∞
ã¨Q∞Æ }Àáêã¨# ™ê÷#OÖ’ JO`«~∞° ‡Y ™ê^è#Œ ‰õΩ „áê^è•#ºO ~ÚzÛ<å~Ú.
2 ^•x KèåÜ«∞Å∞ Ug∞ q∞QÆ∞ÅHõáÈ=@O XHõ Pâ◊Û~åºxfl HõeyOKÕ
1303 #∞Oz 1323 ^•HÍ _èçb¡ #∞Oz ã¨∞ÖÏÎ#∞Å
^ŒO_»Ü«∂„`«Å∞ =~°OQÆÅ∞¡#∞ =Ú@ì_çã¨∂Î 1323 <å\˜H˜ P ~å[º
Ѩ`<« åxH˜ HÍ~°}ÏÅ~Ú<å~Ú. `«~∞° "å`« 1948 ^•HÍ D „áêO`«OÖ’
„Ѩ[Å Jã≤`Î åfixfl xÅɡ>ìË „ѨÜ∞« `«flO J<ÕHõ =∂~åæÅÖ’ H˘#™êyOk.
WHõ¯_» ~å[H©Ü«∞ <åÜ«∞Hõ`«fiO H˘~°=_çOk. =Úã¨∞#∂i HÍѨܫ∞
=O\˜"å~°∞ "≥∞~°∞ѨÙ=Öˇ "≥∞iã≤ˆ~ HÍx xÅ∞=ÖË^Œ∞. WѨC_ô „Ѩ[ÖË
<åÜ«∞‰õΩÅ∞. "å~°∞ `«=∞ ã¨O㨯 $uÖ’x =¸ÅˆHO„^ŒO`À x`«ºO
J#∞ã¨OkèOK«∞‰õΩ<åfl~°∞. xâ◊≈|ÌOQÍ ^Œ$_èã» O¨ HõÅÊO`À `«=∞#∞ `å=Ú
~°H˜∆OK«∞H˘<åfl~°∞. ã¨∞=∂~°∞ 625 ã¨O=`«û~åÅ „Ѩ[Å „ѨuѶ¨∞@#
KåÖÏ=~°‰Ωõ =∞ø#OQÍ H˘#™êy<å PÜ«∂ Ѩiã≤`÷ ∞« ʼnõΩ J#∞QÆ∞}OQÍ
J<ÕHõ ~°∂áêÅÖ’ ^•xfl fiÛk^Œ∞̉õΩ<åfl~°∞.
D Éè∂í q∞Hõ g∞^Œ HÍHõfÜ«∞, HÍHõfÜ«∂#O`«~° =∞`« `åuÎ fiHõ
ã¨O„Ѩ^•Ü«∂Å∞ D „áêO`«OÖ’ ZÖÏ xÅ|_ç#"À „Ѩ[Å K≥·`«<åºxfl
ZÖÏ xÅɡ\#ì˜ "À ™ê~°ãfi¨ `åk ™êH∆ͺŠ^•fi~å J^躌 Ü«∞#O KÕÜ∞« =Åã≤
L#flk.
XHõ"≥·Ñ¨Ù ~å[=∞¿ÇÏO„^Œ=~°OÖ’ ##flÜ«∞Éèí@∞ì ÉèÏ~°`å#∞
"å^ŒO x~°fiÇ≤Ïã¨∞#Î flѨÊ\˜H,˜ QÆ∂_»∂~°∞ âßã¨#OÖ’ ã¨ÅHõ}∆ "≥∞#ÿ `≥Å∞QÆ∞
Ѩ^ºŒ O D „áêO`«OÖ’ HõxÑ≤ã∞¨ #Î flk. ã¨O㨯 $`åO„^èŒ Hõ=ÙÅ∞ J<Õ‰Ωõ Å∞
~ÚHõ¯_» ™êÇ≤Ï`«º ™ê^èŒ# KÕã¨∞Î<åfl~°∞. âßHõź=∞Å¡#, JQÆã¨∞κ_»∞,
q^•º<å^äŒ∞_»∞, #$ã≤OǨÏi¬, Jz`ÕO„^ŒÜ≥∂y, *ÏÜ«∞¿ã<åx, ~ÚOHÍ
Jã¨OMϺ‰õΩÖˇ·# ã¨O㨯 $`«Hõ=ÙÅ∞ ã¨r= ™êÇ≤Ï`«ºã¨$[# H˘#™êyã¨∞Î
<åfl~°∞. #$ã≤OǨÏi¬ L~°∞ûQÆ∞@ìg∞^Œ K≥H¯˜ Oz# HÍ=ºO 'ã≤^Àú^•fiǨÏO—,
Hõq`å=∞Ü«∞OQÍ L#flk. Jk "Õ∞Ѷ∞¨ ã¨O^ÕâO◊ `À áÈÅÛ^Œy# HÍ=ºO.
q^•º<å^äŒ∞x „Ѩ`åѨ~°∞„^Œ Ü«∞â’Éèí∂+¨}O, JQÆã¨∞κx 72 HÍ"åºÅ∞
Jx`«~°™ê^茺"≥∞ÿ# ~Ú`«~°Hõ=ÙÅ ~°K«#Å∞ <å\˜ ã¨O㨯 $`« ™êÇ≤Ï`«ºO
ã¨O„Ѩ^•Ü«∞ „áê|ÖϺxfl `≥eÜ«∞*Ëã¨∞Î<åfl~Ú. âßã¨<åÅÖ’ Hõq`«fi"Õ∞
~ÚO`« JO^Œ"≥∞ÿ#^≥·`Õ, "åi ~°K«#Å∞ ZO`« ã¨∞O^Œ~°"≥∞ÿ#"À,
„Ѩ`ÕºHõOQÍ J^茺ܫ∞#O KÕÜ«∞=Åã≤ L#flk.
Platinum Platform
`≥Å∞QÆ∞ ™êÇ≤Ï`«ºO q+¨Ü«∂xH˜ =¿ãÎ HÍHõfÜ«ÚÅ HÍÅOÖ’
„Ѩ|Å"≥∞ÿ# ™êÇ≤Ï`«º =ºHÎ̃`«fiO áêÅ∞¯iH˜ ™È=∞#flk. `åÖ’`åÎÅ"≥∞ÿ#
"ÕQOÆ , ã¨$[#jÅO, „ѨÜ∂≥ QÆ^HŒ `∆õ ,« ^Õt=∂~åæxfl =ÚO^Œ∞‰õΩ xÅɡ\#ì˜
PÜ«∞# Ѩ\=˜ ∞ "≥Ú`«OÎ `≥Å∞QÆ∞ ™êÇ≤Ï`«ºK«i„`«Ö’<Õ J~°∞^≥#· ã¨xfl"ÕâO◊ .
J#∞"å^Œ „Ѩ„H˜Ü«∞QÍ =∞ǨÉèÏ~°`åxfl ÉèÏqOz`Õ, `˘e `≥Å∞QÆ∞
=∞øeHõHõq áêÅ∞¯iH˜ ™È=∞#flÜÕ∞.
ã¨g∞Ѩ ã¨=∞HÍb# =º‰õΩÎÅ r=#O Wu=$`«ÎOQÍ xi‡Oz
™È=∞#fl XHõ Jaè#= "åºã¨∞x=Öˇ #∂`«# ѨÙ~å} x~å‡}O KÕã<≤ å_»∞.
P`«x ѨÙ~å} x~å‡}OÖ’ *ˇ#· ѨÙ~å} Ѩ~O° Ѩ~å „Ñ¨ÉÏè =O L#fl^Œ#fl
~Ú\©=e Ѩiâ’^茉õΩÅ Jaè„áêÜ«∞O QÆ=∞xOK«^ŒyOk. P HÍÅOÖ’
ã¨g∞ѨOÖ’x Hõ#fl_» „áêO`«OÖ’ *ˇ·# ™êÇ≤Ï`«ºO q∞ye, ~ÚHõ¯_»
q+¨Ü∞« O. *ˇ#· ∞Å ™êÇ≤Ï`«ºO XHõ¯ `≥Å∞QÆ∞^ÕâO◊ Ö’<Õ ^èfiŒ ã¨=Î ∞~ÚO^•,
ÖËHõ =∞~°∞QÆ∞#Ѩ_ç Å∞ѨÎ=∞~ÚO^• J#flk XHõ ã¨O^ÕǨÏO. ™È=∞#
|ã¨=ѨÙ~å}O <å\˜H˜ *ˇ#· ∞ŠѨOK«HÖõ Ϻ}su „ѨÉÏè =O K«∂Ñ≤O^ŒO>Ë
~ÚHõ¯_» P "åV‡Ü«∞O Jã¨ÖË ÖË^Œ#\ÏxH˜ P™ê¯~°O ÖË^Œ∞.
™È=∞# |ã¨=ѨÙ~å}OÖ’#∂, ѨO_ç`å~å^茺 K«i„`«Ö’#∂
ã¨=∞HÍb# ã¨=∂[O, =$`«∞ÎÅ∞, r=#^èÀ~°}∞Å∞ „Ѩ|ÅOQÍ
„ѨuѶ¨eOKå~Ú. PÜ«∞# ~Ú`«~° ã¨O„Ѩ^•Ü«∂ÅÜ≥∞_» ã¨Ç¨Ï#O
ÖËx ^èÀ~°}˜ =∞#‰õΩ D<å_»∞ W|ƒOk Hõeyã¨∞Î<åfl - Éèíq ^Œ~°≈#
ã¨Ê~°≈<åÖÏѨ ^Œ∂~°`«fiO - â‹·=Éèí‰õΩÎÅ∞ HÍx"åi q+¨Ü«∞OÖ’ P
Éèí‰õΩÎÅÖ’ „Ѩ=~°Î#‰õΩ ÅaèOz# ™êH∆ͺÅ∞ PO`«iHõ"≥∞ÿ# Ѩiq∞`«
"åºÑ¨Î"≥∞ÿ# JOâßÅ#∞QÍ<Õ ÉèÏqOKåe.
J~Ú`Õ ™È=∞# ~°K«#Å∞ ^Õt=∂~åæxfl ~°H˜∆Oz =∂~°æHõq`å
^èÀ~°}Ö˜ ’ ã¨=∂#"≥∞#ÿ „áêuѨkHõ#∞ HõeÊOKå~Ú. `≥Å∞QÆ∞ ѨÅ∞‰õΩ|_ç
ã¨r="≥∞Oÿ k. ã¨ÇϨ ["≥∞#ÿ Qˆ Ü«∞K«ÛOù ^ŒO „Ѩ[Ö’¡H˜ =∞`« ã¨O„Ѩ^•Ü«∂
Å#∞ "åºÑ≤OѨK¿Õ ãO^Œ∞‰õΩ ^ÀǨÏ^ŒO KÕãO≤ k. W^ŒO`å *ˇ#· ∞Å<å\˜Hˆ
J=ÅOaOz# ™êÇ≤Ï`«º „ѨÜ∂≥ QÆ=∂~°"æ ∞Õ . `«#∞ „ѨuáêkOѨ^ÅŒ z#
JOâßxfl <Õ~°∞QÍ ã¨~°à◊OQÍ ™ê=∂#∞ºÅ‰õΩ JOkOK«@O. XHõ
q^èŒOQÍ ~Úk =∞ødHõ=∂~°æ"Õ∞.
™È=∞# Hˆ =ÅO ^Õt=∂~åæxHˆ Ѩiq∞`«O HÍÖË^∞Œ . ™ê=∂#º
„Ѩ[Å P"≥∂^ŒO =∂„`«O J`«xH˜ ã¨iáÈÖË^Œ∞. ѨO_ç`«∞Å∂
P"≥∂kOKåe. ѨO_ç`å~å^躌 K«i„`« PÜ«∞# |Ǩï=ÚY áêO_ç`åºxH˜
"ÕkHõ J~ÚOk. `«# „ѨÜ∂≥ QÍÅÖ’ â◊`H« Oõ , L^•Ç¨Ï~°}O, ~°Q_Æ Å» ∞,
QÆ^ŒºÅ∞, ^Õt^èÀ~°}˜, =∂~°æ^èÀ~°}˜`À ã¨=∞#fiÜ«∞O Kտ㠄Ѩܫ∞`«flO
KÕâß~Ú. â◊`«HõOÖ’ =∞‰õΩ@O - ^Õt Hõ^äŒ#OÖ’x ѨÙ#~°∞H˜Îx =∂~°æ
Hõq`«fiOÖ’H˜ `≥zÛÃÑ\˜ìOk. '|ã¨"å |ã¨"å |ã¨"å =$ëêkèáê— J#fl
Ñ≤Å∞ѨÙÅ#∞ *Ï„QÆ`«ÎQÍ QÆ=∞x¿ãÎ ^ÕtQÍ^ä•Hõ^äŒ#OÖ’x =∞~°Å =∞~°Å
„â’`«Å`À J#∞ã¨O^è•#O HõeÑ≤OK«∞‰õΩ<Õ Ñ¨^uúŒ ÜÕ∞ HõxÑ≤ã∞¨ OÎ k. Wk
ã¨O㨯 $`« â◊`«Hõ ã¨O„Ѩ^•Ü«∂xH˜ K≥Ok# JOâ◊O HÍ^Œ∞. J\Ï¡ˆQ
203
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~°QÆ_»Å∞-ˆQÜ«∂#∞‰õÄÅ"≥∞ÿ# ~°K«#Å∞. P áê^•O`åÅÖ’ qÉèíH˜Î
„Ѩ`«ºÜ«∞O `«Ñ¨ÊHõ LO_»@O ‰õÄ_® XHõ i„ÃѶ~Ú<£ - ѨÙ#~°∞H˜Î
^èÀ~°}˜ÜÕ∞. áêÅ∞¯iH˜ ™È=∞#fl KÕã≤# D „ѨÜ≥∂QÆ "≥·ÅHõ∆}ºO Ô~O_»∞
ã¨O„Ѩ^•Ü«∂ʼnõΩ XHõ =O`≥# "Õã≤#@¡~ÚOk. Ô~O_»∞ ^èÀ~°}∞Å∞
KÕ~°∞= HÍ=\ÏxH˜ HÍ~°}O J~ÚOk. D i„ÃѶ~Ú<£ - ѨÙ#~°∞H˜Î
áê@ÅÖ’ Ѩšq ÖÏO\˜k. `≥Å∞QÆ∞ â◊`«HÍŠѨi}Ï=∞OÖ’ D
i„ÃѶ~Ú<£ ã¨fi~°∂Ѩ ã¨fiÉèÏ"åÅ∞ qz„`«OQÍ Ñ¨i}u K≥O^•~Ú. ^Õt
Ѩ^•ºÅÖ’ â◊`«HõO ™êy#ѨC_»∞ D ѨÙ#~°∞H˜Î áê^•xH˜, Ô~O_»∞
áê^•Å‰õΩ qã¨ÎiOzOk. "Õ=∞# Ѩ^ŒºOÖ’ <åÅæ= áê^Œ=∞O`å
=∞‰õΩ@"Õ∞. #~°ã≤OǨÏâ◊`«HõOÖ’ Z`«∞ÎwuÖ’x z=i Ô~O_»∞áê^•Å∞
=∞‰õΩ@"Õ∞ J~ÚOk. PO„^èŒ<åÜ«∞Hõ â◊`«HõOÖ’#∂ ~Ú^Õ Ñ¨^Œúu.
=$`åÎÅÖ’ =∂„`«O z=~° XHõ\’ Ô~O_À Ѩ^•ÅÖ’ =∞‰õΩ@O xi‡`«
=∞~ÚOk. L^•Ç¨Ï~°}‰õΩ '^•â◊~°nä Hõ~°∞}ÏѨÜ≥∂xnè— W`åº^Œ∞Å∞
(qâ◊fi<å^äŒ"åi =∞^蕺Hõ¯~° â◊`«HÍÖ’¡ =∞‰õΩ@O Ô~O_»∞ =¸_»∞
Ѩ^•Å∞QÍ<Õ L#flk) nxfl|\˜ì =∞‰õΩ@O Ѩšq=Öˇ ^ÕtѨ^•ºÅÖ’
XHõ suQÍ, =$`åÎÅÖ’ =∞~˘Hõ suQÍ =$kúá⁄Ok#^Õ"≥∂ WOHÍ
Ö’`«∞QÍ Ñ¨ijeOKåe. JÅÉèíº"≥∞ÿ# XHõ â◊`«HõOÖ’ 'WO^Œ∂#O^Œ∞x
=∞O^Œ#∞O_ç QÆ^Œ h"Õ`≥OK«∞@Öò ~åHõÅ<£— J#fl =$`«ÎOÖ’ J~°∞^Œ∞QÍ
áê^Œáê^ŒO =∞‰õΩ@O HÍ=@O HõxÑ≤ã¨∞ÎOk.
HÍHõfÜ«ÚÅ HÍÅOÖ’ ~å=∂Ü«∞} ~°K«<å ã¨O„Ѩ^•Ü«∞O
XHõ\ ˜ |ÅOQÍ HõxÑ≤ã¨∞ÎOk. HÍHõfÜ«ÚÅ ¿ã<åx XHõ~°∞ ÉèÏ㨯~°
~å=∂Ü«∞}ÏxH˜ HÍ~°‰Ωõ Öˇ`· ,Õ XHõ ™ê=∞O`«~åA ~°OQÆ<å^äŒ ~å=∂Ü«∞
}ÏxH˜ HÍ~°}=∞Ü«∂º_»∞. Éèí„^•K«ÅOÖ’ N~å=∞ ˆH∆„`«O LO_»@O
nxH˜ HÍ~°}"≥∂ ÖË^• ~å=∂Ü«∞} P^Œ~°≈"≥∞ÿ# UHõѨffl„=`«O
„áêK«∞~°ºO á⁄O^ÕO^Œ∞‰õΩ „¿Ñ~°}QÍ ~å=∂Ü«∞}~°K#« ™êÇ≤Ï`«ºO"≥Ñ· Ù¨ QÍ
™êyO^Õ"≥∂ QÆ=∞xOKåe. JO`ÕHÍHõ ~å=∂#∞[ ã¨O„Ѩ^•Ü«∂xH˜
~å=∂Ü«∞}O =¸ÅHõO^ŒO HÍ=@O=Å¡ P ã¨O„Ѩ^•Ü«∞O XuÎ_ç=Å¡
~å=∂Ü«∞} ~°K«# ™êyO^Õ"≥∂ QÆ=∞xOKåe. `«q∞à◊Hõq HõO|~ü
F~°∞QÆÅ∞¡‰õΩ =zÛ<å_»h, HÀ@Ö’x ^•fi~° `À~°}ÏÅg∞^Œ XHõ `«q∞à◊
âßã¨#O L#fl^Œh, Jk HõO|~ü ~åHõ#∞ ã¨∂zã¨∞Î#fl^Œh q<åfl#∞.
HõO|~ü ã¨fiÜ«∞OQÍ ~å=∂#∞[ ã¨O„Ѩ^•Ü«∂xH˜ K≥Ok# =∞ǨHõq.
N~°OQÆOÖ’ PÜ«∞# ~å=∂Ü«∞}O qxÑ≤Oz# XHõ =∞O@ѨO L#flk.
=∞~˘Hõ JOâ◊O - HÍHõfÜ«ÚÅ HÍÅOÖ’ =∂~°¯O_ÕÜ«∞
ѨÙ~å}O `≥Å∞QÆ∞Ö’H˜ Ѩi=iÎ`«O HÍ=@O. Wk `˘e ѨÙ~å}Ï#∞
"å^ŒO. =∂~°¯O_ÕÜ«∞ ѨÙ~å}OÖ’ âßHõÎã¨O„Ѩ^•Ü«∂xH˜ „áê}Éèí∂`«
"≥∞#ÿ K«O_ôãѨ âΨ u◊ L#flk. Wk âßHõãÎ O¨ „Ѩ^•Ü«∞OÜ≥ÚHõ¯ „áê|ÖϺxfl
ã¨∂zã¨∞#Î flk. „H©_®aè~å=∞OÖ’ UHõg~å^Õq P~å^è#Œ „ѨãH¨ Θ L#flk.
"≥ÚyeK«~°¡Ö’ UHõg~åÅÜ«∞O L#flk. JO^Œ∞=Å¡ â߉õΩÎʼnõΩ
„Ѩ^•è #"≥∞#ÿ K«O_ôãѨ âΨ u◊ x "åºÑ≤ÖÎ ’xH˜ `≥KÛÕ L^ÕâÌ º◊ O`À D ѨÙ~å}O
204
Ѩi=iÎ`«"≥∞ÿ=zÛO^Œx `Àã¨∞Î#flk. =∞~˘Hõ\ ˜ ^•xÖ’ =∞ǨÉèÏ~°`«
ã¨O^Œ~°ƒù „Ѩâ◊flʼnõΩ ã¨=∂^è•hHõiOK«@O HÍ=K«∞Û.
uHõ ¯ # ™È=∞Ü« ∂ l =∞Ǩ  Éè Ï ~° ` åxfl QÆ } Ѩ u ^Õ = Ùx
P™ê÷#OÖ’ qxÑ≤Oz# JOâ◊O `≥Å∞QÆ∞ ™êÇ≤Ï`åºxH˜, HõàÅ◊ ‰õΩ P<å\˜
„áê=ÚMϺxfl `≥eÜ«∞*Ëã¨∞Î#flk. ѨÙ+¨Êyi =∞~î°OÖ’ uHõ¯# ~åHõ‰õΩ
ã¨O|OkèOz# tÅÊO L#fl^Œx `≥eÜ«∞=zÛOk.
3
HÍHõfÜ«ÚÅ ™ê„=∂[ºO Ѩ`#« O JÜÕ∞ºÑ¨Ê\˜H˜ P~°∞=O^ŒÅ
ã¨O=`«û~åʼnõΩ ÃÑ·QÍ D „áêO`«O =¸QÆáÈ~ÚOk. ^Õ"åÅÜ«∂Å∞
Jhfl ^èŒfiOã¨O JÜ«∂º~Ú. L`«û"åÅ∞ ^•^•Ñ¨Ù Hõ#∞=∞~°∞QÆÜ«∂º~Ú.
=∞`«ˆHO„^•Å∞ ^èŒfiOã¨O J~Ú „Ѩ[Å∞ J}z"Õ`«‰õΩ QÆ∞Ô~· k‰õΩ¯`ÀK«x
ã≤÷uÖ’ [#O L<åfl~°∞. |Å=O`«Ñ¨Ù =∞`«Ñ¨Ù =∂iÊà◊¡Ö’¡ H˘OK≥O
=∞Ok =∂iáÈ~Ú<å, JkèHõ ã¨OMϺ‰õΩÅ∞ U^Àq^èŒOQÍ `«=∞
Jã≤Î`åfixfl, Jã≤‡`«#∞ HÍáê_»∞‰õΩ<åfl~°∞.
^Õ"åÅÜ«∂Å, L`«û"åÅ ™ê÷<åxfl „=`åÅ∞ P„Hõq∞OKå~Ú.
Ü«∂^Œ=~å[º „Ѩ^•è x ¿ÇÏ=∂„k ~°zOz# '„=`«zO`å=∞}˜— „Ѩ[ʼnõΩ
P„â◊Ü∞« =∞~ÚOk. „=`åÅ PK«~}° ÃÑiyOk. XHõ„ѨH¯õ ^Õ"åÅÜ«∞O
‰õÄeáÈQÍ, „Ѩu ~ÚÅ∂¡ ^Õ"åÅÜ«∞O J~ÚOk. PQÆ=∞™ê÷#OÖ’,
"≥·kHõ ѨÓ[Å ™ê÷#OÖ’ áœ~å}˜HõQÍ^äŒÅ∞, J~°Û<ås`«∞Å∞ „áê|źO
á⁄O^•~Ú. Ѩiq∞`«"∞≥ #ÿ „=`åK«~}° ~å[^Œ$+≤Hì ˜ J}z"ÕÜ∞« =Åã≤#
JOâ◊OQÍ QÀK«iOK«ÖË^Õ"≥∂.
â‹·=-"≥·+¨‚= ã¨O„Ѩ^•Ü«∂Å∞ „Hõ=∞OQÍ QÆ∞~°∞=ÙÅ ^•fi~å
„QÍ=∂Ö’¡H˜ t+¨ºã¨OKå~°OQÍ =ã¨∂Î =∞øeHõ`«`åÎ fixfl <å\˜H˜
J=ã¨~°"≥∞ÿ# ~°∂ѨOÖ’ ™ê=∂#∞ºÅ‰õΩ JOkOz "åix P ˆHO„^ŒO
#∞Oz K≥‰õΩ¯K≥^Œ~°‰õΩO_® xÅɡ\Ïì~Ú. "åi LѨ^ÕâßÅÖ’
QÆ∞~°∞áê~°=∞ºO, ÉèÏQÆ=`« =∞Ç≤Ï=∞, =∞O„`å#∞ëêª#O „Ѩ^è•#"≥∞ÿ
P_»O|~åÅ∞ ÖËx ™ê=∂#º x+ª̈ xÅz, ^•^•Ñ¨Ù =∞`åxfl PK«~°}#∞
QÀѨºOQÍ LOzOk. Z=i =$`«∞ÎÖ’¡ "åà◊√§ LO_çáÈ~Ú<å~°∞.
ã¨OѨ#fl"≥∞#ÿ Ñ‘~åî Å ™ê÷#OÖ’ ™ê=∂#∞ºÖˇ#· LѨ^âÕ ‰◊ Ωõ Å∞ q∞yÖÏ~°∞.
=∞ødHõ ã¨O„Ѩ^•Ü«∞OÖ’ ã¨O„Ѩ^•Ü«∞ ™ê~åOâ◊O 'u~°∞<å=∂Å∞—
W`åºk ~°∂ѨOÖ’ „Ѩ[ʼnõΩ J`«ºO`«O KÕ~°∞=~ÚOk.
WOHÍ =$`«∞ÎÖ’¡ <≥ÅH˘#fl"åiH˜ JK«ÅÜ≥∂QÆ ã¨O„Ѩ^•Ü«∞O
JO^Œ∞ÉÏ@∞Ö’xH˜ =zÛOk. Wk J=¸~°"Î ∞≥ #ÿ Ѩ~`° `« åÎ fixfl K≥ÑÊ≤ Ok.
'|Ü«∞Å∞—, 'â◊¥#º—=∞x =i‚OzOk. JO`«~åºQÆ ™ê^èŒ##∞
LѨ^tÕ OzOk. áê@Å∞, HõO^•~å÷Å∞, `«`åÎ fiÅ∞ =∞##O KÕã∞¨ ‰õΩO@∂
`«# r=# =$uÎÖ’ áêÖÁæO@∂<Õ ˆHO„^ŒaO^Œ∞=Ù S# `«`«Î fiO`À
ã¨O|O^èŒO `≥QƉõΩO_® q∞yeáÈ~Ú<å_»∞ ™ê=∂#∞º_»∞.
WÖÏ ™êy# ã¨O^Œ~°ƒùOÖ’ HÍHõfÜ«∂#O`«~° rq`«O
qã¨ÎiOzOk. nxÖ’ JO`«Ô~· fi~åÅ∞ ^•^•Ñ¨Ù ÖË=Ù. JO`å
Platinum Platform
ã¨=∞#fiÜ«∞"Õ∞ „Ѩ^è•#"≥∞ÿ ™êyOk. JK«Å ã¨O„Ѩ^•Ü«∞O`À áê@∞
=∞Ǩ~åR #∞Oz =zÛ# ^Œ`å΄`ÕÜ«∞ ã¨O„Ѩ^•Ü«∞O, J=^èŒ∂`«
=∂~°=æ Ú `≥ÅOQÍ}Ï „áêO`åxfl Z‰õΩ¯= „ѨÉÏè q`«O KÕâß~Ú. WO\˜
=ÚO^Œ~° `«`åÎ fiÅ∞ áê_Õ aè‰õ∆Ω‰õΩÅ∞ „Ѩ[Ö’¡ P`«‡„Ѩ`«ºÜ«∂xfl
xÅɡ\Ïì~°∞.
™êÇ≤Ï`«º~°OQÆOÖ’ HÍHõfÜ«∂#O`«~° HÍÅOÖ’ „Ѩ^è•#"≥∞ÿ#
L^Œº=∂Å∞ |Å"≥∞ÿ#q Wq.
áÈ`«# ÉèÏQÆ=`å#∞"å^ŒO. 1830-1450 #_»∞=∞ ™êy#
D ~°K«# „Ѩ[ʼnõΩ J`«ºO`«=Ú P^Œ~°}©Ü«∞"≥∞ÿ '=∞O^•~° =∞Hõ~°O^Œ
=∂^èŒ∞~°º=ÚÅ#∞— „Ѩ=Ç≤ÏOѨ*Ëã≤Ok. „Ѩ[Å ã≤÷u „ѨǨ¡^Œ∞x=Öˇ
=º=ã¨÷g∞^Œ u~°∞QÆ∞ÉÏ@∞ KÕ¿ãkQÍ, QÆ*ËO„^Œ∞xÖÏQÍ P~°Î<å^ŒO
KÕ¿ãkQÍ, ~°∞H˜‡}˜ÖÏQÍ ã¨OˆH`åÅ#∞ ѨO¿ÑkQÍ =ºHõÎ=∞~ÚOk.
|eK«„Hõ=iÎ ã¨fi~°qæ [Ü«∞=~°#‚ Hˆ =ÅO <å\˜ P„HÍ=∞‰õΩÅ JÅ¡HÖõ ’¡ÖÏxfl
ã¨Ê+¨ìOQÍ Ü«∞^ä•`«^äŒOQÍ z„fHõiOzOk. HÍHõfÜ«∞ Ѩ`«<å#O`«~°O
[iy# =∂~°}Ǩϟ=∞O, q^èŒfiOã¨O qÅã¨âßã¨#OÖ’#∂, QÆOQÍ^Õq
=∞^è∞Œ ~å q[Ü«∞OÖ’#∂ ã¨Ê+‘Hì iõ OK«|_®¤~Ú. „Ѩ[ʼnõΩ ѨiáêʼnõΩx
„ѨfHõ ^èfiŒ Oã¨O J~ÚOk. Ѩ~å~Ú ~åAÅ „H“~°ºO ÉèÜ í ∞« OHõ~"° ∞≥ Oÿ k.
P ã≤÷uÖ’ „Ѩ[ʼnõΩ ~°Hõ∆} ÉèíQÆ=O`«∞_Õ. 'W=∞‡#∞*Ëâ◊fi~å^èŒ=ÚÅH˜zÛ—
J#fl Ѩ^ŒºO P ~å[ x~°ã¨##∞ =ºHõÎO KÕã≤Ok.
~å*Ï„â◊Ü«∞O ÖËHõáÈ~Ú<å áÈ`«# ~°K«# KåѨH˜O^Œ
h~°∞ÖÏQÍ "åºÑ≤OzOk. ~å[kèHͯ~°O HÍ~°}OQÍ „ѨÉèí∞=ÙÅ∞
„QÆO^ä•xfl "≥Ú`«ÎO <åâ◊#O Kտ㠄Ѩܫ∞`«flO KÕã≤<å, P HÍÅO ^•xfl
~°HO∆˜ K«∞H˘#flk. ã¨OH∆ÀÉèOí Ö’ #+¨"ì ∞≥ #ÿ ÉèÏQÍxfl `«#‰õΩ KÕ`<« #·≥ O`«Ö’
ѨiѨÓiOK«∞‰õΩ#flk. Wk „ѨѨOK« "åV‡Ü«∞ K«i„`«Ö’<Õ KåÖÏ
J~°∞^≥·# 'J=∞~°HÍ=ºK«i„`«—.
áÈ`«# „ѨHõ@O KÕã≤# ~å[kèHͯ~°^èÀ~°}˜ `≥ÅOQÍ}Ï
™êÇ≤Ï`åºxH˜ „áê}Éè∂í `«"∞≥ #ÿ ÅHõ} ∆ OQÍ =∂iOk. `«~∞° "å`« Hõ=ÙÅ∞
#∂\˜H˜ `˘OÉè=·ˇ ∞Ok W+¨^ì "·≥ åxHÀ, QÆ∞~°∞=ÙHÀ `«=∞ ~°K#« Å∞ JOH˜`O«
KÕã<≤ å~°∞ HÍx „ѨÉ∞íè =ÙʼnõΩ KÕÜ∞« ÖË^∞Œ . L#fl „ѨÉ∞íè `«fiO `«=∞ ^è~Œ å‡xH˜
q~À^èŒ=∞~ÚOk.
D ã¨O^Œ~°ƒùOÖ’ `≥ÅOQÍ}Ï ™êÇ≤Ï`«ºOÖ’ =ºHõÎ"≥∞ÿ# Ô~O_»∞
„ѨÜ≥∂QÍÅ#∞ QÆ∞iOz ‰õÄ_® =∞#O ã¨Ê+¨ìOQÍ q"ÕzOK«∞HÀ"åe.
JK«Û`≥#∞QÆ∞ HÍ"åºÅ „ѨÜ∂≥ QÆO - ~Ô O_»=k z„`«Hqõ `å^èÀ~°}˜ (QÆ~ƒ° -ù
|O^èŒ Hõq`åfiÅ∞) JK«Û`≥#∞QÆ∞ HÍ"åºÅ „ѨÜ≥∂QÆO áê~°j J~°cƒ
L~°∂Ì ÉèÏ+¨Å „áê|źO #∞Oz `≥Å∞QÆ∞#∞ ~°HO∆˜ K«∞HÀ=@O HÀã¨"∞Õ "≥∂
qKåiOKåe. =$ëêkèÑ⨠`◊ H« Oõ Ö’<Õ JK«Û`≥#∞QÆ∞ „ѨÜ∂≥ QÆO „áê~°OÉèOí
J~ÚOk.
`≥ Å OQÍ}Ï ™êÇ≤ Ï `« º OÖ’ D ^è À ~° } ∞Å∞ ZO^Œ ∞ ‰õ Ω
<≥ÅH˘<åflÜ≥∂ ZO^Œ∞‰õΩ qã¨ÎiOKåÜ≥∂ ѨijeOK«=Åã≤# JOâ◊O.
Platinum Platform
WHõ¯_ç HÍ"åºÅÖ’ XHõ qâı+¨ ÅHõ}∆ O =∂~°-æ ^Õt ^èÀ~°}∞Å
ã¨=∞#fiÜ«∞O. 'H˘O^Œ~°‰õΩ `≥Å∞QÆ∞ QÆ∞}=∞QÆ∞ H˘O^Œ~°‰õΩ#∞
ã¨O㨯 $`«O|∞ QÆ∞}=∞QÆ∞ g∞^Œ<£ H˘O^Œ~‰° Ωõ ~Ô O_»∞ QÆ∞}=∞QÆ∞ #O^Œ~°
"≥∞Ñ≤ÊO`«∞ Hõ$`«∞Å#Ü≥ÿ∞º Ü≥∞_»Å<£— J#fl áÈ`«# ^èÀ~°}˜H˜ ~Úk
H˘#™êyOѨÙ. áÈ`«# Ѩ^ŒºO KåÖÏ=~°‰õΩ =∂~°æ^èÀ~°}˜^Õ HÍ=K«∞Û.
HÍx x~°O`«~° ã¨Ow`« ™êO`«`«º ÅHõ∆}OKÕ`« Jk ^ÕtÅHõ∆}Ïxfl
ã¨O`«iOK«∞H˘#flk. `«~∞° "åu Hõ=ÙÅ ~°K#« Ö’¡ z„`«Hqõ `å ^èÀ~°}`˜ À
ÉÏ@∞, ^Õt ^èÀ~°}˜H˜ K≥Ok# ã¨∞"åfiÅ∞, ^èŒ=à◊=ÚÅ∞, ÃÑO_ç¡áê@Å∞
"≥Ú^ŒÖˇ·#=hfl „Ѩ|O^è•ÅÖ’ ÉèÏQÆ"Õ∞ J~Ú<å~Ú.
|`«∞Hõ=∞‡ ѨO_»∞QÆÅ =O\˜ ã¨O^Œ~åƒùÅÖ’, ã¨=∞‡Hõ¯
™ê~°Å=∞‡ =O\˜ *Ï`«~°ÅÖ’ [#O U ÉèË^Œ=¸ ÖˉõΩO_® áêÖÁæO@∞
<åfl~°∞. JO^Œ~°∂ ÉèíH˜ÎѨÓ~°fiHõOQÍ áêÖÁæx rq`åxfl ã¨O㨯 $uÖ’
P Jaè#fl"≥∞ÿ# JOâ◊OQÍ fiÛk^•Ì~°∞.
J=^èŒ∂`« ã¨O„Ѩ^•Ü«∞ "åºÑ≤ΠѶ¨ÅO Ѩ~°â◊√~å=∞ѨO`«∞Å
eOQÆ=¸iÎ QÆ∞~°∞=¸iÎ ~°K«# 'ã‘`å~å=∂O[<ÕÜ«∞ ã¨O"å^ŒO—
Hõq`åѨ~°OQÍ D ~°K«# áÈ`«#fl ~°K«#`À `«∞Å`«∂QÆ∞`«∞O^Œx
q=∞~°≈‰õΩÅ<åfl~°∞. nxÖ’x JK«Å, J=∞#㨯, ~å[Ü≥∂QÍÅ∞
qѨÙÅOQÍ q=iOѨ|_®¤~Ú. gi ‰õΩ=∂~°∞_»∞ ~å=∞=¸iÎ D
HÍ"åºxfl *Ï#Ѩ^Œ ^èÀ~°}˜Ö’ 'ã‘`«áê@—QÍ xi‡OKå_»∞. Wk =∂~°æ
^Õt ã¨=∞#fiÜ«∞O.
D „áêO`«OÖ’x „Ѩ|O^è•ÅÖ’ ~°K«# =∂O_»eHÍÅ
„ѨÜ≥∂QÆO Hõey LO@∞Ok. Z‰õΩ¯=ÉèÏQÆO z#flÜ«∞ã¨∂i
"åºHõ~}° ÏxH˜ ÖÁOQÆ^∞Œ . D HÍ"åºÅÖ’x ÃÑO_çO¡ _»=¡ O\˜ ã¨O^Œ~åƒù
ÅÖ’ ~ÚHõ¯_ç PKå~åÅ∞ HõxÑ≤™êÎ~Ú.
=O^ŒÃÑ·QÍ Ü«∞Hõ∆QÍ<åÅ∞ ~°zOz# ÅHõ∆ÖÏk „Ѩ`«∞Å∞QÍ
"å\˜x x*ÏO „áêO`«O xO_® "åºÑ≤OѨ*Ëã≤# K≥ifi~åÅ ÉèÏQÆÜ«∞º
^Õt ã¨O„Ѩ^•Ü«∞ ѨÙ#~°∞r˚=#OÖ’ =∞~˘Hõ áêÅ∞¯iH˜ ™È=∞#fl.
`≥ÅOQÍ}Ï ™êÇ≤Ï`«ºO Wu=$`«ÎOQÍ K«i„`« xi‡¿ãÎ 1948
<å\˜H˜ qt+¨µìÖˇ·# "≥~Úº=∞Ok ~°K«~Ú`«Öˇ·<å =∞#‰õΩ HÍ#=™êÎ~°∞.
„Ѩ=ÚYOQÍ Pã¨Ñ¶π*ÏÇ‘ÏÅ HÍÅOÖ’ `≥Å∞QÆ∞ÉèÏëê ™êÇ≤Ï`åºÅ∞
J}z"ÕÜ∞« |_ç<å „Ñ¨[Å <åÅ∞HõÅ g∞^Œ `≥Å∞QÆ∞ ã¨O㨯 $u JK«ÛOQÍ
„|uH˜ L#flk.
****
205
 Achala Yoga : An introduction
After Vedanta, yoga is one subject that found an
excellent and ready market in the West. As on today there
are innumerable yoga schools spread far and wide in the
west. In California alone there are as many as 200 yoga
schools scattered across the length and breadth of the state
catering to the needs of the Americans. They have created
different modules and capsules keeping in view the market
demands of the clientele. Yoga is commoditised and sold
in the market. There are different attempts made to pack-
age yoga attractively and offer it as a means to melt down
the unwanted fat and trim the bodies into attractive shapes.
Calendars with pictures of nude men and women in yoga
postures are published in America. In other words yoga
has been commercialised and reduced to a physical exer-
cise. From its celestial heights it has been hurled down to
mundane levels. Unfortunately, yoga is (mis)understood
by many not only in the West but also in India today as
Yogasanas with an express objective of curing various dis-
eases. But, it is one of the most ancient practices to the
realization of the Self. Sage Yagnavalkya says, Ayam tu
paramo dharmo yadyogenatmadarshanam, which means of
all the dharmas (practices), Self-realization through yoga is
the supreme. To withstand the rigors of its practice a healthy
and sturdy body is required. To acquire that the yogasanas
are practiced. The physical exercise part of yoga is called
Hatha Yoga.
The Sanskrit word yoga has many meanings, and
is derived from the Sanskrit root "yuj", meaning "to con-
trol", "to yoke" or "to unite". Translations include "join-
ing", "uniting", "union", "conjunction", and "means." An
alternate root from which the word yoga may be derived is
"yujir samadhau", which means "contemplation" or "ab-
sorption." This translation fits better with the Raja Yoga
because it is through contemplation that discrimination
between Prakriti (nature) and Purusha (pure consciousness)
occurs.
Yoga is a meditative practice which is associated
with Hinduism, Buddhism, and Jainism. In Hinduism, it
figures among the Shatdarshanas, the six orthodox schools
of Hindu philosophy. The term yoga has much wider con-
notation in the Indian context. In Hinduism and Bud-
*Professor of English & Principal, University Arts & Science College, Subedari, Warangal.
206
- Prof. P. Mallikarjuna Rao*
dhism it refers to the deep contemplative practices called
meditation and in Jainism it refers to "the sum total of all
activities-mental, verbal and physical".
Major branches of yoga in Hindu Philosophy in-
clude Raja Yoga, Laya Yoga, Mantra Yoga and Karma Yoga.
Besides these the sacred Hindu text Bhagvad Gita enumer-
ates several other yogas including Raja Yoga, Karma yoga,
Jnana Yoga and the Bhakti yoga. Raja Yoga is based on the
aphorisms of Patanjali on Yoga known as Patanjali Yoga
Sutras and it forms a part of Sankhya tradition. While Yoga
is theistic and postulates Isavara and lays emphasis on lib-
eration, Kaivalyam (isolation not merger) through medi-
tative techniques, Sankhya, which is atheistic, emphasizes
the metaphysical knowledge as a means of liberation. Many
other Hindu texts discuss aspects of yoga, including the
Upanishads, the Bhagvad Gita, the Hatha Yoga Pradipika,
the Siva Samhita and various Tantric texts. Before we ana-
lyze the Achala Paripurna Raja Yoga let us learn about its
history briefly. Though its origin and roots can be traced
to the Upanishads, the Bhagvad Gita1, it is Yogi Vemana
who popularized its tenets in the 15th century. According
Rapelli Sridhar this system of yoga was re-established and
revived in the in the 18th century by Sivarama Dikshitulu
through his work Brihadvasistamu2 and in the 20th cen-
tury it found its best exponent in Dayananda Ponnala
Rajayogi who popularized it in Andhra Pradesh through
his work Rajayogeeyamu. But these seminal works are avail-
able only in Telugu. This system of yoga is not selective in
adopting any one yoga system to the exclusion of others. It
is argued that it is eclectic, comprehensive and all-inclu-
sive, as such more comprehensive. Rapelli Sridhar contends
that the emergence of Paripurna Raja Yoga is "... an evolu-
tionary development of the complete view of Yoga which
fills all gaps, replenishes all deficiencies, synthesizes all the
apparent contradictions, rectifies all the erroneous assump-
tions, and interconnects all the missings of the various phi-
losophies of Yoga"3.
Before we delve deeper into the subject let us first
get familiarized with the terms. The term Achala is from
Sanskrit: "a, not + the verbal root cal to be moved, agi-
tated. Immovable, not moving. As a masculine noun it
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means a mountain, rock and also the number seven. As a
proper noun, it is a name of Siva. As a feminine noun it
refers to the earth and also one of the ten stages or degrees
of a Bodhisattva in his progress toward Buddhahood. It is
used in the Bhagavad Gita to describe the self in contradis-
tinction to the not-self: "He is eternal, all-pervading, un-
changing and immovable (achala)." (2:24). Further, it
means something which is all pervasive and hence unmov-
ing (achala). The word Paripurna is also from Sanskrit
meaning "complete" or "absolute" or "consummate". The
phrase Raja Yoga refers to a system of yoga. Rajtva
tsarvayoganam rajayoga iti srumatah, which means that this
yoga is regal and supreme among all the different kinds of
yogas. That is why in Yoga Sastra this is described as the
highest form of yoga.
Raja Yoga is derived from the yoga sutras pro-
pounded by Patanjali in his book Yoga Sutras. His writ-
ings have become a basis for what is popularly known to-
day as Ashtanaga Yoga or Eight-Limbed Yoga.
The eight limbs are:
1. Yama (the five abstentions): non-violence, non-lying,
no-covetousness, non-sensuality, and non-possessive-
ness.
2. Niyama (the five observances): purity, contentment,
austerity, study, and surrender to God.
3. Asana (seat): seated position used for meditation, usu-
ally Padmasana.
4. Pranayama (suspending breath): Breath control: con-
trol of life force
5. Pratyahara (Abstraction): withdrawal of the sense or-
gans from external objects.
6. Dharana (Concentration): fixing attention on a single
object.
7. Dhyana (Meditation): Intense contemplation of the na-
ture of the object of meditation.
8. Samadhi (Liberation): Merging consciousness with the
object of meditation.
Of all the dharmas (practices), Self-realization
through yoga is considered the supreme as averred by Sage
Yagnavalkya. This yoga was taught and popularized by such
eminent sages as Marichi, Atri, Angirasa, Veda Vyasa,
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Vasista, Yagnavalkya, Kasyapa, Markendeya, Vamedeva and
others. The objective of this yoga is to attain Nirguna Brah-
man, that is, the attribute less, pure and transcendental
Brahman which is beyond the purview of Maya. Accord-
ing to the Yoga Sastra inner consciousness (antahkarana)
itself is the seat of Creation, Preservation and Dissolution.
The yoga which is performed with the help of this con-
sciousness is called the Raja Yoga. One who practices it is a
Rajayogi. The Inner Consciouness is divided into four,
namely: Manas (Mind), Buddhi (Intellect), Chitta (Sub-
conscious), and Ahamkara (Ego or self ). Soul is the
Dhrashta (Seer or witness) and Inner Consciousness cre-
ates the world in its interaction with the world through its
constituents. When the contact between the world and the
witness is established the Creation occurs. The reason for
this is the "modifications of the mind" (Taimini). That is
why the first sutra of Patanjali Yoga says" Yogah citta vritti
nirodhah" ("Yoga is the inhibition of the modification of
the mind" -Taimini). If one succeeds in conquering mind,
that is controlling it and making it still, then one can wit-
ness the effulgent self within. This process is called Raja
Yoga. Since Raja Yoga is based on the subtle principles, it
lays more stress on mental activity such as intellectual en-
quiry and analysis unlike the other yoga systems, which
are based on gross principles of practice, give more impor-
tance to body postures, breathing and such other physical
activities. That is why Raja Yoga meditation is called
Brahma Dhyana. The Samadhi that is attained is known as
"Nirvikalpa Samadhi" (thoughtless and desireless sate/con-
dition). One who attains liberation through this Yoga is
described as "Jivan Muktha" (One who has attained Con-
scious Immortality). The following are the angas and
upangas of the Raja Yoga:
Yama :
"Sarvam brahmeti vignana dindiyagrama samyamah,
Yamoayamiti samproktoabhyasaniyo mururmuhuhu".
Yama is that in which one controls/conquers the
senses with the absolute faith that the entire Universe is
none other than Brahman. Here prominence is given to
conception.
Niyama:
Sajatiya pravahascha vijatiya tiraskrutihi,
Niyamo hi paranando niyama tkriyate budhaihi.
Niyama means the rejection of the inert and the
false and abiding in the dynamic and the truthful.
207
Tyaga :
Tyaga means sacrifice; here it is sacrificing the fal-
sity of one's association with the world and concentrating
on the truthful and subtle Self.
Mouna :
Mouna here does not mean mere silence. It refers
to that which is beyond manas and Vak (mind and word
i.e. beyond conception and description), and comprehen-
sible only to yogis. Yogis always abide in that silence leav-
ing language to the laity.
Desa:
Aadavante cha madhye cha jano yasmi nna vidyate,
Yenedam satatam vyaptam sa deso vijanah smritah.
Desa means a country. Here this has a different
connotation. Here it means that country which is related
to people neither in the beginning nor in the middle, nor
in the end and is empty. Metaphorically it means the inner
world which a yogi keeps always blank and free of thoughts
and fills with silence; only that land is isolated and bereft
of people i.e. thoughts.
Kala:
Kalana sarvabhootanam brhmadinam nimesitah,
Kala sabdena nirdishta nischakhandananda advayah.
Kala is Time but this is not the temporal time,
which is measured by the chronographs, but the eternal
time. It refers to that fraction of time during which god
Brahma and the elements are born, grow and die. In other
words it is the eternity, which has neither a beginning, nor
middle, nor an end.
Asana:
Sukhenaiva bhave dysmin najasram brhamachintanam,
Asanam tadvijaniya netara skhasanam.
That sitting posture in which one meditates on
the Brahman comfortably is called Sukhasanam i.e. com-
fortable sitting posture. Any posture in which one's mind
is swayed by gross thoughts is not Sukhasanam.
Dehasamyam:
Anganam samatam vidyat sa me brahmani leeyate,
Noche nnaiva samanatvam mrijatvam sushka vrikshavat.
Body fitness. Here fitness does not merely refer to
the body. Deha samyam here means merger with the Brah-
208
man. What use is it if one's body, though smooth, is like a
withered tree?
Drishti :
Drishti jnanamayim kritva pasyed brahmamayam jagat,
Sa drishtih paramodara, na nasagrava lokinee.
Drishtru darsana drisyanam viramo yatra va bhavet,
Drishti statraiva kartavya, na nasagravalokinee.
Gaze. If we turn our gaze into one filled with Jnana
and look at the whole world as Brahman, then it is called
the auspicious gaze or drishti. Concentrating on the tip of
the nose is not the right gaze. Right gaze is that in which
the trinity, namely Drashta (seer), the seen (drisyam) and
the darsanam (the act of seeing) all merge into one. One
should try attaining that state, in which he alone is.
Mulabandham:
Yanmulam sarvabhootanam, yanulam chittabandhanam,
Mulabandah sada sevyo, yogyosou rajayoginam.
Mulabandha is that which is the basis for all ele-
ments and life, and that which prevents the modification
of the mind. It is always venerable to the Rajayogis.
Pranasamyamana:
Chttadi sarvabaveshu brahmatve sarvabhavanat,
Nirodhah sarvavrittinam prnayamah sa uchyate.
Pranayama does not merely mean the mechanical
control of breath. In Rajayoga through breath control the
yogi merges his mind and thoughts in the Brahman. In
rechaka (exhalation) he destroys the thoughts of the world;
through Puraka (Inhalation) he fills his mind with the
thought that "I am the Brahman" and lastly, through
Kumbhaka (retention of breath) he remains abided stably
in the thought of being Brahman. This the kind of
Pranayama practiced by the Jnanis.
Pratyahara:
Vishayeshwatmataam drishtwa manasa schitimajjanam,
Pratyaharah sa vijnebhyasaniyo mumukshibih.
To remain focused on the atmatattva even while
being amidst material comforts is called Pratyahara. This
practice is most beneficial to those who seek liberation.
Dharana:
Yatra yatra mano yati brhmana statra darsanat,
Manaso dharanam caiva, dharana sa para mata.
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 If one beholds Brahman in everything that mind
seeks then it achieves peace and steadiness. This is the su-
preme kind of Dharana. This suggests that a seeker should
never slip from the path by retaining the thought Brah-
man in mind steadily.
Atmadhyana :
Brahmaivasmiti sadvrutva niralambataya stitih,
Dhyana sabdenanvikhyata, paramanandadayini.
Atmadhyana is that practice in which one remains
stay put in the thought that "I am the Brahman"
One experiences the ultimate bliss by doing so.
Samadhi :
Nirvikarataya vritya, brahmakarataya punah,
Vritti vismaranam samyak samadhih jnanasanjnakah.
Urdhvapurna madahpurnam madhyapurnam tadatmakam
Sarvapurnam sa atmeti samadhistyasya laksanam
By being tranquil, by remaining steady in the
thought that I am the Brahman, by being firm in his re-
solve to seek liberation and by remaining unabsorbed in
the worldly affairs one attains Samadhi. In other words,
realizing one's self as the Infinite and all-pervasive is
Samadhi.
Raja Yoga identifies 7 stages on the path to real-
ization. They are: Jnapada , Samnyasada, Yogada,
Lilonmukti, Satpada, Anandapada and the last one is
Paratpara. In the Jnanapada the sadhak feels that he has
known whatever has to be known about; in Samnysada he
feels that he has renounced whatever has to be renounced;
in Yogada I have gained whatever energy I should; in
Lilonmukti he affirms that he has remained unaffected by
the tricks of Yogamaya; in Satpada he experiences the whole
Creation as Brahman; in Anandapada he experiences Brah-
man as the Creation; in the last stage he feels that he has no
second, he is changeless, and he is the satchitnanda Brah-
man. A fortunate seeker successfully uses the seven stages
as seven steps on the path. Besides these he has to cross 5
more stages to have Sasvarupa darsanam going beyond the
stage of Samadhi.4
How is the Achala Paripurna Raja Yoga different
from the Raj Yoga we have discussed so far? What is the
significance of the suffix Paripurna, which means complete
or consummate? Does it posit that what we have known
traditionally as Raja Yoga is incomplete and found want-
ing the final stage? Answers to these questions will explain
the unique characteristics of Achala Raja Yoga.
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The origin of Achala yoga can be traced back to
many ancient scriptures and the concept of Paripurna
Brhaman is found in the Rigveda, Bhagvad Gita,
Yogacudamani Upanishad, Kenopanishad, Sukarahsyo-
panishad, Taittariyopanishad, Kathopanishad, Mundako-
panishad, Brihadaranyopanishad, Sandilyopanishad,
Tejabidopaishad, and Candyogapanishad. Rapelli Sridhar
argues that any one of the three main schools of Vedanta
namely Advaita, Visistadvaita and Dvaita explain the
ultimate absolute reality. "The Brahman, which is explained
by all [the] three schools, is nothing but Yeruka, which is
the real cause of the world. But according to the theory of
Paripurna Rajayoga , these yoga systems are not separate or
different, but rather complementary to one another and
these together constitute the complete view of Yoga, which
leads to Paripurna Rajayoga."5
According to Dayananda Paripurna Raja yogi,
Bhakti yoga is the synthesis of the Karma and Jnana yogas.
If one transcends the Bhakti yoga he can reach Paripurna
Raja yoga, which delivers him from the shackles of Samsara.
The term Paripurna means complete or absolute and the
Raja Yoga means the king of yogas or the ultimate yoga.
Paripurna Raja yoga postulates that Bhakti yoga is a blend
of Karma and Jnana yogas. One perceives the transcen-
dental Paripurna Brhahman only after attaining trikarana
suddhi (manas, vak and karma) purification of the mind,
word and deed. This in turn will lead one to liberation
from the illusion of the cycle of life and death. Atma suddhi
is emphasized upon in this doctrine.
According to Rapelli Sridhar Vedas have indicated
the concept of Paripurna Brahman indirectly and it was
"indicated as a lakshyartha of Adhistana Cetana Brahman
(Yeruka)... Acala rsis noticed the absence of birth and death
in this yoga only and they preached this only to their dis-
ciples..."6
Bhagavata Krishna Dikshitulu, a 19th century ex-
ponent of this yoga put the essence of this yoga succinctly
in his major work Kandharthas thus: "parpunamu,
lenerukanu yerigi; yerukanu manumu"
Which means that one becomes a Paripurna yogi
only when one realizes the non-existing Yeruka and giving
up the known. This concept finds further amplification in
the works of Sivarama Dikshitulu8:
Asariram sarvadasti sariram rahitam sada
Ayameva sadyo muktiranyadha bhrama karanam
209
 The trinity of ideas that constitute Achala yoga Interestingly this yoga has been practiced and
are: 1.Achala Paripurna Brahman/Paripurna Brahman, popularised only in Andhra Pradesh. The yoga is known
2.Yeruka ( Saguna Nirguna Swarupa Adhistana Cetana to many today as the well-known Telugu poet Vemana
Brahman) or Brahman, 3. The path of renunciation of practiced and wrote many verses on it. Still it is being
Yeruka. Sridhar quotes a verse from the Mundakopaishad preached and practiced in some pockets of the state.
to illustrate the point of two Brahmans:
References :
Tasmai sa hovaca dve vidye veditavye'
Iti hasmayad Brahma vido vadanti para caivaparaca. 1. Rapelli Sridhar, A Critical Review of the Role and
Place of Paripurna Rajayoga in Relation to Emergent
"There are two kinds of knowledge to be acquired Indian Philosophical Systems ; Unpublished PhD Dis-
- the para means the Paripurna Brahman which is different sertation submitted to OU Hyderabad:2000, 19
from Brahman and the apara means the Brahman or Yeruka
which is the real cause of the world"9. Besides several 2. Ibid: 19
Upanishads, the Bhagvad Gita too alludes to Paripurna 3. R. Sridhar: 18
Brahman. Krishna exhorts Arjuna not to seek the pleasures
fostered by the three gunas as found in the Vedas, but to 4. Cheruvu Lakshminarayana Sastry, Yoga Sarvasvamu ;
rise above the three gunas and all dualities and always abide Tirupati, TTD: 2003, 11&14
in the Paramatma i.e. Paripurna Brahman. (2:45) Paripurna
5. R. Sridhar: 106
Brahman is defined by Siva Rama Diksitulu thus: " it does
not have birth and death, evolution and dissolution, and it 6. R.Sridhar: 116
exists in all places, all times, all substances, and it has no
origin and end, no motion, no transformations, and it exists 7. R. Sridhar: 116
itself everywhere."10 As it is the absolute truth, it can be
8. R. Sridhar: 116
described only in negative terms. It is beyond all dualities.
It is neither Satchitananda, nor is it a Sakshi.11 Brahman 9. Swami Gambhirananda (Trans), Eight Upanishads,
refers to apara in Achala doctrine and as such it is relative Vol.II, Advaita Ashrama, Calcutta: 1998,80
and non-existent. Hence it is described as "Leni Yeruka".
It is the cause of the Creation and Dissolution. It is both 10. As quoted by R. Sridhar, 119
the 'Karta" and the "Bohkta". It is "swayambhu" and self- 11. R. Sridhar: 120
supporting. A renunciation of Yeruka leads to the absolute
truth i.e. Paripurna Brahman. Guru, who is a realized soul, ***
assumes a great importance in this doctrine. A disciple can
renounce Yeruka only with the help of the Paripurna Guru.
Thus, Bhakti yoga, which is a combination of both Karma
and Jnana yogas in this doctrine, assumes a pivotal role as
Paripurna Guru is essential for disciples to realize the
Ultimate. Eventually, the renunciation of Yeruka leads to
what Dayananda Ponnala Rajayogi calls as "the Moksha
Sanyasa Yoga". This recalls to one's mind Bhagawan
Ramana Maharshi's definition of Sanyas or Renunciation.
He says that true Sanyas is the renunciation of 'I'. In
conclusion it may be said that though this doctrine has
points of difference with different schools of Vedanta, it
derives its ideas and concepts from the traditional scriptures.
While various schools of Hindu philosophy and several
Hindu spiritual doctrines seem to stop with the realization
of the Brahman, this doctrine goes a little beyond in
suggesting the renunciation of Brahman that is Yeruka, to
realize the Paripurna Brahman. Hence the epithet, Achala.

210 Platinum Platform

 Demand for Telangana State
Genesis, Spread and Continuance
A Historical Perspective
The people of Telangana are once again restive,
reiterating their demand for a separate state. The demand
of the people of this region for a separate state is not a new
development. It was voiced much before the formation of
Andhra Pradesh and continues to be raised even thereafter.
The reason for the opposition of people of
Telangana to join Visalandhra (metamorphosed to Andhra
Pradesh) was fear of neglect, injustice and exploitation in
the enlarged state. It had manifested itself several times,
including the agitation of 1952 when quite a few young
lives were lost. It is referred to as the Non-Mulki Agitation.
And the reason for their refusal to continue in the present
state is the actual experience of becoming victims of neglect,
injustice and exploitation. This resistance, intermittent yet
sustained, took and continues to take several forms
including the upheaval of 1968-69 when nearly four
hundred people, mostly students, were killed in the reign
of terror unleashed by the state government of the time.
It should be noted in this context that the State of
Andhra Pradesh was formed not only ignoring the wishes
of the people of Telangana but also against a categorical
recommendation of the States reorganization Commission.
Further, it was contrary to the expressed views of the tallest
leader of the time, Jawaharlal Nehru, who ridiculed the
demand for Visalandhra as an idea bearing a ‘taint of
expansionist imperialism’. (Indian Express, 17 October,
1953). The forced merger of Telangana with Andhra to
form the present state of Andhra Pradesh on 1st November
1956 was, therefore, an outcome of manipulative politics.
The States Reorganization Commission (SRC) set
up by the Government of India in early 50s to examine the
question of reorganization of states of the country was not
in favour of merging the Telangana region with the then
Andhra state. After a very careful examination of the issues
involved the SRC recommended:
... It will be in the interest of Andhra as well as
Telangana if, for the present, the Telangana area is
constituted into a separate state which may be known as
*Formerly: Member of National Commission for Enterprises in the Unorganised Sector, Govt. of India, New Delhi
Vice Chancellor of Kakatiya University, Warangal (AP)
Registrar of the English and Foreign Languages University, Hyderabad
Platinum Platform
— Dr. K. Jayashankar*
the Hyderabad state, with provision for its unification
with Andhra after the general elections likely to be held
in or about 1961, if by two-thirds majority the legislature
of the residuary Hyderabad state expresses itself in favour
of such unification. (SRC Report: Para 386)
The Commission further recommended:
Andhra and Telangana have common interests
and we hope these interests will tend to bring the people
closer to each other. If, however, our hopes for the
development of the environment and conditions
congenial to the unification of the areas do not materialize
and if public sentiment in Telangana crystallizes itself
against the unification of the two states, Telangana will
have to continue as a separate unit. (SRC Report: Para
388)
These categorical recommendations made by the
States Reorganization Commission (SRC), elaborating the
rationale underlying its conclusions, and a clearly expressed
opinion of the tallest leader of the time – Jawaharlal Nehru
– evidently reflected the hopes and aspirations of the people
of Telangana. Consequently, there was a strong wave of
jubilation among the people of the region.
But, the political leadership of Andhra State could
not digest it as it was longing for the formation of
Visalandhra; it was almost crestfallen. The primary concern
of Andhra leadership was to bail out the infant Andhra
State from the deep troubles confronting it from the day
one of its separation from the erstwhile composite State of
Madras on 01-10-1953. Their eyes were, therefore, on the
resource-rich Telangana without which it was impossible
for the then Andhra State to sustain itself. The panic that
pervaded the Andhra State could be gauged by the reactions
and observations of several top-ranking political leaders of
the Andhra State and the media, besides the opinions
expressed by the Pradesh Congress Committee, the
Chamber of Commerce and the deliberations of the
Legislative Assembly of the Andhra State. A few of them
(translated from Telugu) are reproduced hereunder:
211
I. Reactions on the Recommendations of the SRC
Ayyadevara Kaleswara Rao:
“If the formation of Visalandhra is postponed, it
will never happen. It is dangerous to wait for six years. The
desire for separate Telangana will be further strengthened,
and then they will not agree for Visalandhra. It will be
impossible to get two-thirds majority in the Assembly at
that time.”
(Andhra Patrika: 02-11-1955)
Kasu Brahmananda Reddy :
“Creating separate Telangana state and then
waiting for five years is not a good idea. The necessity of
getting two-thirds majority in the assembly is
incomprehensible. Why should we wait till the 1961
Elections are over?”
(Andhra Patrika: 02-11-1955)
Neelam Sanjeeva Reddy:
“If not now, Visalandhra can never be formed.”
(Andhra Patrika: 04-11-1955)
Vavilala Gopalakrishnayya:
“If Visalandhra is not formed now, it might
become impossible later.”
(Andhra Patrika: 06-11-1955)
Kala Venkata Rao:
“If it is feared that the lands in Telangana will be
usurped by Andhras, a law can be made to prevent that.”
(Andhra Patrika: 14-11-1955)
Andhra State Congress Committee :
“People of Telangana need not be apprehensive
about any troubles or losses if they join Visalandhra. There
will not be any laxity in ensuring their development and
progress.”
(Andhra Patrika: 03-11-1955)
Comments made in Andhra Patrika:
“There is no answer to the question raised by the
leaders of Telangana that if Telangana will not get any
additional benefits by joining Visalandhra, why should it
join at all?
Benefits to Andhra if Visalandhra is formed:
i) A ready-made, well-developed capital city;
ii) Advantages on social and cultural fronts;
iii) Development of transport and communication
facilities; and,
212
iv) Development of irrigation projects in Krishna and
Godavari basins by mobilizing resources from 20
districts of Visalandhra, instead of 8 districts of
Andhra.” (Andhra Patrika: 04-11-1955)
Resolutions passed in the Andhra State Assembly:
On 25-11-1955, the then Chief Minister of
erstwhile Andhra State, Bezawada Gopala Reddy,
introduced a resolution in the State Assembly, which was
unanimously approved. The summary of the resolution is
as under:
! We deem it our special responsibility to develop
the Telangana Region;
! We safeguard the rights of the region in the realms
of employment and education proportionate to the
population of the region;
! We ensure to them a fair share in the fruits of
development in all other spheres;
! All the resources that rightfully belong to the
Telangana region will be utilized for the benefit of
only the people of that region;
! We will be very generous towards them;
! The people of Telangana have not asked us for any
of these assurances; and,
! All these assurances are given by all the political
parties unanimously in the assembly.
II. Financial Problems of the Andhra State
Andhra Patrika:
The financial condition of the Andhra State is not
at all satisfactory; nor is it likely to improve in future. There
is no likelihood of paying salaries to the government
employees by the end of March (1955).
(Andhra Patrika: 03-12-1954)
There is a huge deficit in the revenue of the State.
It is not at all possible to take up any new projects.
(Andhra Patrika: 09-02-1956)
Now there is no possibility of using revenue
receipts for developmental works; nor is there any likelihood
of it even in the coming five years. Floating loans for
developmental works has become impossible.
(Andhra Patrika: 06-07-1955)
Bezawada Gopala Reddy:
“Out of 22 crore rupees of revenue receipts,
administrative expenditure alone is eating away 20 crores.”
(Statement in Andhra Assembly: 15-09-1954)
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 “Regular payment of monthly salaries to the
teachers too has become a difficult exercise.”
(Andhra Patrika: 01-10-1953)
Neelam Sanjeeva Reddy:
“Now we are dragging on with a deficit of 18 crore
rupees. We are not in a position to pay salaries to the staff
unless the central government comes to our rescue.”
(Statement is Andhra Assembly: 05-11-1953)
“Wherever we go, the farmers are asking for
irrigation and electricity facilities. Where can we fetch them
from?”
(Statement is Andhra Assembly: 25-02-1954)
“Andhra Government had to borrow 6 crore rupees
in the very first year of its inception.”
(Statement is Andhra Assembly: 25-01-1956)
M. Bhaktavatsalam (Finance Minister of Madras):
“The sales tax receipts of the Andhra region are
very negligible.”
(Statement is Madras Assembly: 31-01-1953)
III. Plight of Andhra State for a Capital City
Kadapa Koti Reddy:
“In the Andhra State there in no proper place to
locate even district level offices; where is the question of
finding place for locating offices for the capital city of the
state?”
(Andhra Patrika: 13-03-1953)
Tanguturi Prakasam:
“All our troubles will be resolved if we get
Hyderabad. But how will we get it? We have to think as to
how to work for it.”
(Andhra Patrika: 02-06-1953)
Comments made in Andhra Patrika:
! Visakha: Where is a road on which two lorries can
safely cross each other?
! Kakinada: Where are the buildings suitable in shape
and number required for the capital city of the state?
! Rajahmundry: Doesn’t have the basic
requirements.
! Bezawada: There are more people than the available
open place.
! Guntur: j Just sufficient for the people there.
! Hyderabad : The one and the only way out.
(Andhra Patrika: 07-03-1956)
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Y. Suryanarayana Rao:
“We have already spent one crore rupees on the
capital city, Kurnool. We are still spending. Even after
spending so much, has Kurnool town got a shape suitable
for a capital city? Absolutely not.”
(Andhra Patrika: 29-09-1954)
“Andhra government employees are still in Madras
as tenants. The officials are worried about providing
residential accommodation to them. There is no hope of
completing the construction of new buildings for the
Secretariat. In addition, the government employees are
worried about the educational facilities for their children
in Kurnool.”
(Andhra Patrika: 01-09-1954)
Neelam Sanjeeva Reddy:
“People are enthusiastically waiting for moving to
Hyderabad. Nobody is feeling the pinch of shifting the
state’s capital from Kurnool.”
“We will assure the people of Telangana, if
necessary, that their positions in the cabinet and jobs in
the government will be protected.”
(Comment of Andhra Patrika on Sanjeeva Reddy’s
statement: “This very gentleman threatened to remain in
erstwhile Madras State itself if the capital city of Andhra
State was not located in Rayalaseema.”)
(Andhra Patrika: 09-08-1954)
“We faced many problems in the last two years.
There are no facilities for offices. If we have to wait for five
more years as recommended by Fazal Ali, Andhra State
will have to face innumerable problems.”
(Andhra Patrika: 03-02-1956)
IV. Status of Industrial Development
Neelam Sanjeeva Reddy :
“When compared to the other South Indian states,
generation of electricity in Andhra is not adequate.
Consequently, no industry worth its name could be
established.”
(Andhra Patrika: 05-01-1953)
Andhra Chamber of Commerce:
“In Andhra State, there are no industries at all.”
(Andhra Patrika: 20-01-1953)
Bezawada Gopala Reddy:
“There is neither coal nor oil available in Andhra
State. Electricity is very expensive.”
(Andhra Patrika: 07-10-1953)
213
P.V.G.Raju: on the people of Telangana. The Andhra leaders have not
realized, even now, that it is not possible to lure the people
“Telangana has registered industrial development.
of Telangana in favour of Visalandhra by making
There is scope for further growth.”
Hyderabad the capital city of the new state.”
(Andhra Patrika: 28-11-1955)
(Andhra Patrika: 04-04-1954)
This was the pathetic plight in which the Andhra
The merger of Telangana with Andhra was,
leadership found itself when the States Reorganisation
however, not unconditional. It was facilitated by a number
Commission (SRC) categorically recommended to retain
of solemn promises made and constitutional safeguards
Telangana as a separate state. In all their utterances and out
given to the people of the region as a protective umbrella
bursts, there was not even an iota of mention about
against the possible exploitation in the enlarged state. These
common language, common culture or emotional unity of
promises were made not once. They were made umpteen
the Telugu people. All their anxiety was to extricate the
times (and were also broken umpteen times). Nor the
then Andhra state from its miserable conditions. They were
merger of Telangana with Andhra was considered eternal.
more interested in,
Again, Jawaharlal Nehru himself compared it with a
! getting a ready-made, well-developed capital city, matrimonial alliance having provision for divorce, if the
free of cost; partners in the alliance cannot get on well. He said:
! having access to the surplus financial resources of “An innocent girl (Telangana) is being married
Telangana to meet the chronic deficit of Andhra to a mischievous boy (Andhra). If it works, it works. If it
State; and, doesn’t, they can take divorce.”
! having control on the abundant natural resources (The Deccan Chronicle: 06-03-1956)
of Telangana, especially river waters, coal, mineral As feared, nothing could prevent the successive
wealth, forest wealth and vast areas of cultivable governments from exploiting this region in every sphere –
land. economic, political, administrative, cultural and linguistic.
Thereby, the slogan of linguistic unity and
cultural identity became and continues to remain as an
* * * * *
empty rhetoric.
The entire scenario was aptly summed up by the
then leading Telugu daily newspaper, Andhra Patrika, in
its Editorial. The paper dispassionately reflected the fact
that the resistance of the people of Telangana had a strong
base of bitter experiences. Some excerpts:
“In Telangana, voices are raised against the
formation of Visalandhra. These voices vibrated throughout
the country during Non-Mulki Agitation. The behaviour
of government employees, who went to the Telangana
region in the immediate aftermath of Police Action, is
responsible for this resistance of the people of Telangana.
They still complain that those employees behaved like
Mahmood Ghazni. The charge of the people of Telangana
is that those employees have plundered their region, and
their behaviour smacked of immorality and dishonesty.
Therefore, the people of Telangana shudder at the very
thought of Visalandhra. The political leaders have not done
anything to alleviate the dissatisfaction, agony and anger
of people of Telangana. Instead of soliciting the
participation of the Telangana leadership, for the formation
of Visalandhra, the Andhra leadership is imposing itself

214 Platinum Platform

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Platinum Platform
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~åqˆ~=Ù
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QÀÅ â◊~°‡ – „H©.â◊.257 JHõ∆~åÅ ‰õÄ_çHõKÕ U~°Ê_Õ ^èŒfixQÍ QÆ∞iÎOz<å_»∞. D JHõ∆~°O

216 Platinum Platform

q„Hõ"Õ∞O„^Œ=~°‡ z‰õΩ¯à◊¡ `å„=∞âßã¨#OÖ’x 'éˇO^Œ∞Å∂~°∞— J<Õ KÕi# Ѩ^ŒO HõxÑ≤ã¨∞ÎOk. WO^Œ∞Ö’x 'àò— `«~°∞"åu HÍÅOÖ’ 'Å∞—QÍ
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Platinum Platform 217

 Teaching of History in Universities - In the Past and Present
The topic is so vast and comprehensive that it is
unwise and impossible to totally cover it. What is practi-
cable is to touch upon a few significant ideas relating to it
keeping in view my own personal experiences as a student
and a teacher of history for about four decades. In an ap-
proach of this kind to the topic there cannot be a single
pervasive idea, covering end to end, but there can be selec-
tive ideas of the speaker, which he thinks are important
and worth-relating. For the sake of propriety, names of in-
dividuals and institutions, relating to many anecdotes have
not been mentioned.
Part-I
The essay has been conceived in two parts. The
first part consists for example, two aspects of history that
have been inadequately, if not, scarcely taught in the present
or past. This is also because first is the Eastern Origins of
Western Civilization as against the view of epoch of Vasco
de Gama from 1498. Sardar K.M.Pannikar's Asian and
Western dominance that was famous at the time of publi-
cation. Today this work is no longer accepted.
John Hobson challenges the ethnocentric bias of
mainstream accounts of the rise of the West. It is often
assumed that since Ancient Greek times Europeans have
pioneered their own developments, and that the East has
been a passive bystander in the story of progressive world
history. Hobson argues that there were two processes that
enabled the rise of the 'oriental West'. First, each major
developmental turning point in Europe was informed in
large part by the assimilation of Eastern inventions (e.g.
ideas, technologies and institutions!) which through ori-
ental globalization diffused from the more advanced East
across the Eastern-led global economy between 500 and
1800. Second, the construction of European identity after
1453 leading to imperialism, through which Europe ap-
propriated many Eastern resources (land, labor, and mar-
kets). Hobson's book thus propels the hitherto marginalized
Eastern people to the forefront of the story of progress in
world history.
On countering the Eurocentric myth of the pris-
tine West discovering the oriental West, Ruth Benedict is
of the opinion that "History cannot be written as if it be-
longed to one group [of people] alone. Civilization has
been gradually built up, now out of the contributions of
one [group], now of another. When all civilization is as-
*Former Professor Emiritus, Osmania University, Hyderabad.
218
- Dr. M.Radhakrishna Sarma*
cribed to the Europeans, the claim is the same one which
any anthropologist can hear any day from primitive tribes-
only they tell the story of themselves. They too believe that
all that is important in the world begins and ends with
them…We smile when such claims are made [by primitive
tribes], but ridicule might just as well be turned against
ourselves.;; Provincialism may rewrite history and play up
only the achievements of the historian's own group, but it
remains as provincialism.
Whereas Eric Wolf opines that "We have been
taught, inside the classroom and outside of it, that there
exists an entity called the West, and that one can think of
this West as a society and civilization independent of and
in opposition to other societies and civilizations [i.e. the
East]. Many of us even grew up believing that his West has
[an autonomous] genealogy, according to which ancient
Greece begot Rome, Rome begot Christian Europe, Chris-
tian Europe begot the Renaissance, the Renaissance the En-
lightenment, the Enlightenment the political democracy
and the industrial revolution. Industry, crossed with de-
mocracy, in turn yielded the United States, embodying the
rights to life, liberty and the pursuit of happiness….[This
is] misleading, first because it turns history into a moral
success story, a race in time in which each [Western] run-
ner of the race passes on the torch of liberty to the next
relay. History is thus converted into a tale about the fur-
therance of virtue, about how the virtuous [i.e. the West]
win out over the bad guys [the East].
Most of us naturally assume that the East and West
are, and always have been, separate and different entities.
We also generally believe that it is the 'autonomous' or
pristine' West that has alone pioneered the creation of the
modern world, at least that is what many of us are taught
at school, if not at university. (Source: see the article on
Countering the Eurocentric myth of the pristine West: dis-
covering the oriental West in John M.Hobson's The East-
ern Origins of Western Civilization. p.1)
The following table gives us an insight into the
various world-historical movements. c.500-1900 (source:
John M.Hobson's The Eastern Origins of Western Civili-
zation., Cambridge University Press, UK, Table.13.2. Two
Visions of the key world-historical moments.c.500-1900
pp.318-321)
Platinum Platform
 Table.13.2. Two Visions of the key world-historica
Eurocentrism

733 Charles Martel’ victory over the ‘Saracens’ 751/1453

At the Battle of Tours and Poitiers

600-1000 Europe pioneers the medieval agricultural 400 BCE-5

Revolution

c.1000 Italians pioneer long-distance trade/early c.800

capitalism and Italy becomes the leading
global power

Post-1095 European Crusader assert control over the 1095-1517

Islamic Middle East
C.1400-1650 Italian Renaissance and scientific revolution. C.800-c.14

1434 China withdraws from the world leaving a 1434-1800/

Vacuum that is soon filled by the superior
Europeans.

1455 Gitenberg invents the movablemetal-type 1095/1403

Printing press.

Platinum Platform 219

 Thus, between 1700 and 1850 European
imagination divided, or more accurately forced, the world
into two radically opposed camps: West and East [or the 'West
and the Rest']. In this new conception, the West was imagined
as superior to the East. The imagined values of the inferior
East were set us as the antithesis of rational Western values. (
"Countering the Eurocentric Myth of the Pristine West" : in
John M.Hobson's The Eastern Origins of Western
Civilization., op cit, p. 7)
Secondly the Underside of History was originally
conceived to correct a massive injustice-the wholesale
omission of recognition for the contributions of the histories
of civilizations by one half of the human beings ever to have
populated the earth. The Underside has appeared, and women
scholars of every continent are producing documentation on
the lives of women, past and current, on the continents that
colonialism rendered invisible. Yet mainstream histories
continue to ignore women.(see: The Underside of History,
Revised Edition, Volume. I. "A View of Women Through
Time" by Elise Boulding, Sage Publications, New Delhi).
p.xiii)
The increasing differentiation among women
scholar in terms of the range of theories under development,
types of data and methodologies used, number of sub-cultures
from which women scholars emerge, and differences in
worldviews and preferred social and political strategies for
changing society are found among them. (Ibid. p.xiv)
In exploring the nature of women's identity and
culture beyond the existing critique of patriarchy and how
women think, how they do art and science, and how they
make ethical and moral valuations, Lesbian feminists have
asked radical and searching questions about the organization
of human society, questions that can cut the ground right
from under more familiar liberal equity-feminist approaches
to making society better for women. (For example, CAVIN
1985; Duberman et al.1989) (Ibid. p.xiv)
No less radical in their implications are recent studies
of women's ways of knowing--- how women process
information and arrive at judgements about empirical reality-
with a fuller involvement of experimental and intuitive
dimensions (Belenky et al.1986). Studies of how women
perform scientific investigations have uncovered a pattern of
differences in how women observe, relate to, and work with
scientific phenomena as compared with many of their male
colleagues (Keller 1983; Goodfield 1981; Bleier 1986).
Because science has played such a central role in the
development of the modern world, particularly in creating a
sense of alienation from nature, the feminist organic approach
to science offers new hope for an increasingly gay-conscious
world. (Ibid. p.xiv)
Another discovery has abruptly brought into
question long-accepted theories of stages in the moral
development of human beings (Kohlberg 1966) and the
220
meaning/ definition of minority. I refer to Gilligan's (1982)
findings that women's moral judgements tend to be arrived
at by a different route than men's being less abstract and rule
based and relying more on contextual and relationship
elements in the situation requiring judgment. (Ibid. p.xiv).
Therefore, much of the teaching required for the development
of that new society will have to come from women. (Ibid.
p.xvi)
In the teaching of History, in the past and present
Eurocentrism and men's role in the history of world
dominated. Asian contribution and women's role in the world
history have been hardly mentioned.
Part-II
The second part of the essay examines the teaching
of history subjects and inter-disciplinary approach of 50
aspects. As time passes aspects of subjects have become
multifaceted. Teaching and Research went hand and hand
and teachers carried on research and teaching together from
mid 1950's. While teaching History, the Imperial Approach
and National Approach have been adopted at the university
and collegiate level in the beginning. Thereafter the varieties
of history like, a. Political, b. Diplomatic, c. Economic, d.
Social, e. Art, f. Local,. g.. Subaltern, h. Universal, i. Freedom
Movement, j. South Indian History, k. Deccan History and
l. Andhra History were introduced by identifying the areas
of study and historical importance..
Shifting from the imperial and national approach,
the teaching of Indian History turned to periodisation of
Indian History viz; Ancient, Medieval and Modern and the
historians had to teach on the similar pattern.
Later on the study and teaching of History could
see a change and channelization into Archaeology,
Archaeological Methods, Epigraphy, Paleography,
Numismatics, Art, Painting, Sculpture, Iconography and
Museology and Tourism. They were subsequently added to
the main stream of learning looking at the global
developments and requirements. In the curriculum mains
like Indian History and subsidiaries like, Economics, Political
Science, Political Thought, Federalism, were there (Madras
University, 1950's) and Public Finance. Besides that the
English Constitutional History, European History, History
of America, History of Russia (1917-1964), History of Far
East, History of South -East Asia, Greek History, Roman
History and British History papers were taught..
New curriculum has been adopted from time to
time, in tune with the requirement of the takers. Research
Methodology has also become an important aspect for a
researcher. Keeping in view the developments world wide,
new methodology has been adopted in teaching as well as
research and field study. Thus, teaching of history in the
universities in the past and present underwent from time to
time.
*****
Platinum Platform
 Means to improve Quality in Technical Education
- An Overview
Present System of Technical Education
Since Independence in 1947, the Technical
Education System has grown into a fairly large-sized system,
offering opportunities for education and training in a wide
variety of trades and disciplines at certificate, diploma,
degree, postgraduate degree and doctoral levels in
institutions located throughout the country. Even though
the system boasts of institutions comparable to the best in
the world, quality of education offered in majority of
institutions leaves much to be desired.
At the dawn of independence, the country had
38-degree level institutions with intake capacity of 2500
and 53 diploma level institutions with intake capacity of
3670. The intake for postgraduates was only 70. By 1967-
68, the number of degree level institutions had increased
to 137 with intake capacity of 25,000 and 284 diploma
institutions with intake capacity of 47,000. In the next 10
years (by 1977), the system capacity increased only
marginally to admit 30,000 students for degree courses,
60,000 for diploma courses and 6,000 for postgraduate
courses.
The system capacity increased very rapidly in the
next 30 years, with the private sector playing the major
role. The system by 1997 had 547-degree institutions with
admission capacity of about 131,000 and 1100 diploma
institutions with admission capacity of about 184,000.
Admission capacity for postgraduate courses had been
increased to 16,900. Out turn of PhDs were about 370
annually.
In the year 2009, the total size of the system had
increased to an approved intake capacity of more than
6,50,000 in degree level and the intake in Andhra Pradesh
alone is about 1,00,000. More than 85% of these seats are
in the private sector.
Privatization of Technical education
Rapid proliferation of private institutions with
inadequate emphasis on infrastructure and qualified faculty
resulted in chaotic conditions prevailed in the field of
higher education in general and technical education in
particular.
*Former Vice-Chancellor, JNTU, Hyderabad. Chairman, APPSC
Platinum Platform
- Prof. Y. Venkatrami Reddy*
Justice A.R Lakshman’s observations(2003)
captured the chaotic state of affairs: “Every year during the
admission season, several lakhs of students undergo
immense suffering and harassment in seeking admission
to professional courses. This is caused by uncertain policies,
ambitious procedures and inadequate information. The
miseries of the students and parents are escalating year after
year due to the boundless expansion in the number of
professional institutions and their intake capacity,
emergence of a large variety of newer disciplines and
mobility of students seeking admission beyond the
boundaries of their states”
The private unaided sector has made a major
contribution in expanding access to technical/ engineering
education. The expansion of the private sector has been
governed by the state government policies. To meet a very
large student demand for professional training, a few states
have encouraged private sector to establish large number
of self-financing engineering colleges. This has resulted in
regional imbalance in the availability of engineering
students. In addition to the regional imbalance, there is a
wide variation in quality of technical education being
imparted, with in this category. Only 15% of technical
institutions in India are accredited by NBA and very few
students are involved in worth mentioning research activity.
With private sector occupying 85% of technical
education space in India, the natural question is what is
the permissible share of private sector in technical
education? It is important to establish motives for allowing
technical education growth. Also what are the goals of
technical education for society at large? Is it about creating
a merit- based competitive social space? Or does it reflect a
commitment to equality and quality?
In the discussions of the private education, a good
deal of emphasis is placed on the potential of private
philanthropy to make up for the deficiency of the state.. In
this context the following claims are evident.
1) There is a good deal of confusion on philanthropy
and non-profit educational institutions
2) Philanthropic commitment to public institutions of
higher education has been steadily declining.
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Policy Initiatives :
Support for development and reforms in
engineering education came with the adoption of the
National Technology Policy Statement (1983), the National
Policy of Education (1986/1992), and the Information
Technology Policy (2000). The “Technology Vision for
India 2020” released by the Prime Minister in 1996 calls
for India to become a developed nation by 2020 and one
of the five biggest economic powers. In August 2001, the
Prime Minister released a task force report entitled: “India
as Knowledge Superpower: Strategy for Transformation”,
projecting a requirement of over 3 million trained
knowledge workers and suggesting ways and means to
achieve the same.
The policy and vision documents recommend (a)
public institutions to become more self-reliant with reduced
public subsidy; and (b) a significant role for the private
sector in providing professional education. This process
has gained momentum in engineering education in recent
years with well-known public institutions allowed to raise
their fees significantly, and a very large number of fully
self-supporting colleges permitted in the private sector to
meet the growing demand. The sudden capacity expansion
unfortunately has been coupled with compromise on
quality (mainly because of an acute shortage of qualified
faculty) and a skewed development of the private sector,
concentrating more on low-investment and high (social)
demand disciplines (such as electronics, IT, Management,
etc.). Other critical disciplines of engineering remain
confined to public funded institutions that also perform
major roles of providing access based on equity
considerations.
Since 1992 India opened its doors to competition
and globalization. Since then, the need to strengthen the
technical/engineering education system in the country has
been acutely felt. At the level of policy pronouncements,
many bold steps have been announced in pursuit of a major
transformation of the system - in capacity, effectiveness,
quality, efficiency and outreach. Actual implementation
on the ground of these policy initiatives has been slow, as
stakeholder commitment to profound reform and
institutional capacity to deliver it, especially in the states
that have primary responsibility for educational systems,
have developed more slowly than the policy framework at
the national level and in some cases conspicuously ignored..
The National Policy on Education (NPE), adopted
in 1986 and modified in 1992, supports major reforms at
all levels of education. In technical education, it focuses
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on quality and relevance, excellence, resource mobilization,
greater institutional autonomy with accountability,
networking, research, and equity.
A National Policy Initiative for Technical
Education, approved in 1998 by the Ministry of Human
Resource Development, includes the following elements:
(a) building partnership between institutions and industry;
(b) delegating certain decision-making powers and
responsibility from state governments to institutions and
thereby bringing about a relaxation in the rather severe
control and centralization that exists in the current context;
(c) awarding a high degree of autonomy to deserving
institutions; (d) introducing a high degree of flexibility in
institutional program offerings and management; (e)
instituting a market-driven approach in curriculum design;
(f ) utilizing institutional resources for a larger spectrum of
academic services beyond formal academic programs; (g)
encouraging institutions to engage in income generation
and resources mobilization activities; and (h) involving
institutions in the development process of the community.
The GOI’s Information Technology Policy (2000)
supports development of appropriate scientific and
technical manpower at various levels to make India a leader
in Information Technology. A number of initiatives are
being supported under this policy in the public and private
sectors.
The GOI’s X Five- year Plan (2002-2007) is
focused on expansion of education facilities in information
technology, conversion of Regional Engineering Colleges
(RECs) as National Institutes of Technology (NITs) with a
standard comparable to world-class institutions,
improvement of postgraduate education in engineering and
technology, staff development, quality assurance and
certification, networking of institutions, granting of
autonomy to institutions, and increasing technical
education opportunities for weaker sections of society and
the physically challenged. Consensus around the urgent
need to implement the fundamental reforms long identified
in GOI policy statements has developed broadly in the last
two or three years in many states and among all pertinent
stakeholders. Paucity of funds has become the binding
constraint in implementation of major reforms.
Major Issues in Technical Education:
Over-centralization, and lack of autonomy and
accountability of institutions: Over-centralization in
decision making at the central and state levels has led to
institutions being unable to respond dynamically to a
rapidly changing national economic environment that is
demanding state-of-the art technical knowledge, multiple
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work skills and professional/entrepreneurial attitudes from
graduates. Most institutions have little authority in the areas
of faculty appointments, student admissions, structure and
contents of programs, evaluation methodology and
financial management. Absence of autonomy in academic
decisions has inhibited innovations.
Resource constraint and wastage: In Government
funded institutions, financing covers not more than staff
salaries. Cost recovery from students form a small fraction
of expenditure. For example university engineering colleges
in A.P collect Rs. 10,000/- per student per annum, where
as the expenditure incurred by these colleges per student
per annum is anywhere around Rs. 40,000/- The existing
controls and regulations, in most cases, do not provide
positive incentives to institutions to mobilize other financial
resources. Inadequate funding coexists with several
inefficiencies in resource utilization: excess capacity in
many courses combined with heavy unmet demand for
newer courses; significant failure rates; average time taken
for completing a course being longer than the expected
duration of the course; and underutilization of libraries
and laboratories. There is very limited cooperation and
sharing of physical and human resources amongst
institutions and even less with industry or public research
and development laboratories.
Poor quality and relevance (weak quality assurance
mechanisms): While the IITs and a few other first-tier
institutions offer world-class education and training in
engineering and technology incorporating the “best
practices”, a large number of institutions offer rather
outdated programs (prescribed by their affiliating
university/Board) with inflexible structures and content.
Within each category of public, private aided and private
unaided institutions, there is wide variation in quality.
Quality assurance mechanisms are weak and programs in
less than 15% of institutions are accredited through the
National Accreditation Board, established in 1996.
Information technology is not used significantly for
teaching. Not more than 6% of institutions have any
research activity worthy of note.
Faculty shortages and quality: Many institutions
offering professional courses are unable to attract and retain
qualified and trained faculty due to noncompetitive pay
packages, lengthy recruitment procedures, and working
environments that are professionally and technically
underdeveloped and intellectually unstimulating.
Postgraduate seats remain unfilled. approximately one-
quarter of teaching positions are vacant. Faculty shortages
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are more acute in IT-related disciplines as industrial
compensation and benefits are much higher. Only half of
the faculty members in professional institutions have a
postgraduate degree and very few, a doctorate degree.
Poor technology/infrastructure support: In many
self financed institutions, physical facilities are largely
outmoded. Probably not more than 20% of these
institutions have the barest minimum of laboratory
facilities necessary to meet the current demands.
Communication lines to most institutions are also
extremely limited and of poor quality for computer or
library linkages. Libraries are not equipped to provide
exposure to the students on latest developments.
Lack of interdisciplinary approach: Engineering
today, in the way it interacts with other disciplines and
with everyday problems, requires broad, collaborative,
innovative, and experiential learning.. Traditional
engineering skills are no longer sufficient differentiators in
the global marketplace. Differentiated jobs in the new
economy - jobs that could not be outsourced or automated
- required a set of skills that were not part of a traditional
engineering education.
Engineering research and practice are also
becoming increasingly multidisciplinary. Since no
individual could be expert in multiple fields, such work
had to be done in teams. Yet engineering colleges are not
typically set up to teach or prepare students to work across
traditional disciplines or to work in teams. Students were
still typically educated in a single department, such as
electrical engineering or civil engineering. Providing
students with a broad engineering education in the context
of the traditional departmental structure had become an
enormous challenge. While the change is permanent, the
mission for present should be to create knowledge, to open
the minds of students to that knowledge, and to enable
students to take best advantage of their educational
opportunities.
Traditional curriculum: Traditional curricula are
designed to deliver theoretical rather than experiential
knowledge. But in developing new technologies, such
knowledge, while obviously necessary, is far from sufficient.
Business knowledge, contextual understanding , and soft
skills such as group problem solving are equally important.
The pace at which modern techniques and tools are adopted
in industry is such that students can not possibly learn in
colleges all the scientific and technical knowledge they
would need in their careers; most would eventually find
themselves using information, techniques, and materials
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that had not even existed while they were in college. Science
and Technology is not just learning facts… Science is a
way of thinking. Rather than designing the curricula which
forces the student to memorise facts and learn skills out of
context, it is much more important to develop the right
ways of thinking. We need to think engineering as twenty-
first century interdisciplinary degree.
Solutions
The technical education system in our country
should continuously work for an improvement in the
technical standards, so that the engineering graduates
produced will not only have good employment potential
in the country but also get their share of jobs in the global
market.
Industry increasingly looks for the employability
and problem-solving skills in the engineering graduates.
In India we have realized the employment potential for
engineering graduates and set up a large number of
engineering institutions. However there is a pressing need
for improving the quality of education to render our youth
as global players.
To convert present weaknesses into strengths, a
consensus should develop around systemic reform strategy.
Well thought about reforms in technical education is the
need of the hour to realize government’s vision for technical
education: “ To develop and nurture a Technical Education
System in the country which would produce skilled manpower
of the highest quality comparable to the very best in the world
and in adequate numbers to meet the complex technological
needs of the economy; and would provide the nation a
comparative advantage in the creation and propagation of
innovative technological solutions and in the development of
a technological capacity of the highest order, both for its
application in economic development of the country and for
becoming a major supplier of technology and technological
services in the world”.
Some of the following issues should be
immediately addressed to halt the downward slide in the
quality of technical education of this country and emerge
as a key player in the knowledge society.
Quality in teaching learning process : Every
institute should have a drive towards excellence based on
their own vision. Quality of service depends on several
quantifiable factors, such as standing of the faculty, the
extent to which laboratories were equipped, the number
of courses offered, course content in the curriculum,
knowledge-base imparted to the student etc. To make the
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product of the institution excel in the market, the making-
process should be systematically designed. Faculty and
staff competence plays a vital role in that direction..
Institutions are not built by brick and cement but by
human resources. Capability and efficiency of faculty
members alone can result in quality. Over the last decade
MNCs attracted the top brains of this country into its
fold. Meanwhile there is a sudden growth in engineering
institutions during this period. This has severely affected
the quality of engineering teachers. It is therefore important
to bring innovations in teaching-learning processes, and
build capacity in engineering teachers. Short-term,
medium-term training of high quality, interaction with
reputed Technical Institutions in India and abroad,
Undertaking research for creation of new knowledge and
new technologies and undertaking consultancy projects
for industry and community and Development of capacity
for planning curricula to suit current and anticipated global
market requirements for both existing courses and future
ones that might be introduced can improve quality of
teachers and attract bright students into the teaching
profession. These measures can also indirectly counter the
ill-effects of inbreeding in institutions. Institutions should
be encouraged to network with other institutions to share
their resources and experience. Working closely with
industry and local community will help to minimize
isolation of institutions and students, especially in remote
areas.
Curricular Improvements
After Globalization industry has become dynamic
and the needs of the industry are changing rapidly. In such
a rapid changing scenario of industrial needs no
educational institution can meet the industrial human
resource requirements if it fails to review and update its
curriculum in accordance with the changes in the industry.
To maintain pace with industrial dynamics, academic
curriculum should be revised in smaller time spans.
However Technical institutions of the country should
establish a mechanism to obtain a proper feed back about
the industrial scenario and on the needs of national and
industrial employment markets
The importance of periodically updating and
improving curricula in short cycles needs to be appreciated
by all institutions. Regular, data and information based,
labor market orientation of educational offerings becomes
an important dimension of systemic transformation. The
markets to be considered may include industry, field
agencies, R&D organizations, government departments,
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and entrepreneurial opportunities, both within India and
abroad.
Curricula should incorporate problem solving
skills, design skills, communication skills, entrepreneurial
skills, information processing, creative and innovative
thinking, skills related to managing people at work, multi-
skilling, learning-to-learn skills, positive attitudes, work
ethics, appreciation of environment management, product
and process quality, safety practices, etc.
Innovations in curriculum development like
competency-based-curricula, provision of self-learning,
problem solving projects for community and industry,
training in industry, sandwich programs, learning by
research, course flexibility, etc., may be adapted by
institutions.
Curriculum Implementation
Apart from developing need based Curricula, it
needs to be implemented in an effective manner in
classroom and laboratory to maximize student learning.
One important consideration is the introduction of variety
in the learning process. This will reduce classroom
monotony and make learning a challenging and worthwhile
activity. Training of teachers in the use of a variety of
instructional methods is an important prerequisite. In this
context, variety can be enhanced by the introduction of
planned student visits to industry, planned student training
in industry, expert lecturers from industry and field, student
problem solving projects, student self learning, and the use
of media in classrooms. Curricula must provide for learning
variety. The importance of continuous assessment lies in
making it congruent to student learning and providing
feedback to the student about learning as frequently as
possible. Feedback can be followed by remedial instruction,
which can be on a one to one basis. Also to be considered
are counseling cells which can help students with learning
difficulties and in selecting optional streams of
specialization.
Curriculum implementation should be subjected
to peer review and student feedback with a view to affecting
improvements in implementation and for identification
of faculty training needs.
Course Flexibility
If a student did not succeed, it is viewed as the
student’s own failure. The continuous quality improvement
mindset requires a clear understanding that the student is
a customer to the institutions. The role of faculty members
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in providing undergraduate educational experience is to
serve these customers. If a student fails, then the system
may have failed and one should ask how the system can be
changed to reduce failures. Interestingly enough, most of
the reported initiatives to achieve continuous quality
improvement in higher education in general and Technical
education in particular, have initially focused on the
administrative process. Students, the customers of technical
education institutes should have enough flexibility to decide
what they want. The concept of course flexibility based on
multi-level entry for students, credit acquisition and the
provision of learning options for students should be
successfully implemented.
An attempt must be made to conceive a system in
which entrants with different backgrounds are given credit
exemptions, students can learn at their own pace through
accumulation of credits, and student interests in specific
subjects and topics are encouraged. Such practices will make
curricula and learning much more student friendly and
acceptable. Institutions should experiment with course
flexibility patterns.
Flexible and qualitative assessment
Though the curriculum development is being
carried out regularly, by and large the academic assessment
remained traditional in the sense that the written
examinations and the marks obtained are still the sole
criteria in the evaluation. The shortcomings of this system
are that it puts more emphasis on the memory retention
and reproduction capabilities of the student rather than
his creative and innovative abilities in the application of
the knowledge gained. Reforms in the assessment and
evaluation are the need of the hour. Teacher must be given
freedom to test the student’ level of understanding, through
tests and procedures, that brings out the student’s abilities
and shortcomings. Case studies, group discussions, team
assignments and extension projects that go beyond the class
room teaching can be thought of to impose the quality of
technical education. But in this context, care shall also be
taken to remove the subjective and personal judgment of a
single teacher and scope for unethical practices.
E-Learning:
Today Information technology finds its applications
in every activity of our lives. Computer applications and
internet usage are rapidly replacing the conventional
methods. In the field of Technical education, applications
of information technology are taking deep roots giving rise
to new learning experiences. Providing high quality
experience for students requires an environment that fosters
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critical inquiry as well as innovation and creativity. Students
today have become accustomed to visualizing concepts as
well as hearing about them. Their interests in visualization
can be brought to the learning environment using
multimedia techniques. For example, when a dynamics
professor wants to discuss the three-dimensional aspects of
motion, an associated CD-ROM my be used to generate
the visual needed to understand the problem. It is therefore
necessary to evolve a strategy for promoting E-Learning in
engineering colleges. The initiatives so far addressed some
highly specialized issues and benefited a very small cross
section of the Technical education system. A comprehensive
e-learning strategy document addressing the issues shall
be worked out with the collaborative effort of a set of
experts. This can significantly bring considerable advantage
to the academic community and make e-learning
methodology a more acceptable for India.
Interaction with Industry
The fundamental objective of a Technological
institute is to sub serve the technology needs of the country
including the generation of necessary human resource
inputs required for the industry and industrialization. To
achieve this objective, the entire technological education
and research is to be developed around the requirement of
the industry and emerging areas of technology. The
foundation to technical institutes meaningful role can be
laid strongly only when a symbolic relationship is developed
with the industry. The development of such relationship
requires firstly careful understanding of the industrial needs
such as relevance, cost effectiveness, time bound
programmes, technology upgrading etc, by the Institute
and intern the understanding of the institutes capabilities
and limitations by the industry. In order to have an effective
interaction with the industry it is proposed to expand links
and partnership with industry. Each of the technical
institutions should establish an Industry Institute
Interaction Cell (IIC) with due participation by senior
faculty members from each department with the following
objectives :
a) To laission between institution and industry.
b) To explore learning opportunities to students so as
to enable them obtain practical exposure and to
encourage them take up ‘live projects’ in industry.
c) To identify talent in the industry and to arrange guest
lectures so that the rich experience of experts will
benefit the students.
d) To interact with industry for securing ‘sponsorship’
towards research projects
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e) To solicit representation from reputed personalities
from industry to act as members in the College
Academic Council and governing body thus
involving them as partners in the policy formulation
process.
f) To explore the possibilities of ‘Personnel-exchange’
between industry and institution
g) To increase the consultancy activities by
strengthening such requirements.
h) To develop Information Data Base on Technology
choice by keeping a constant tap on an Updated
Data Base with adequate knowledge of Technology-
Change, Technology Innovation and Technology
Transfer. This will help the industry by providing
the invaluable information.
Conclusion:
There is an urgent need to achieve systemic
transformation of technical education in the country to
make it dynamic, demand-driven, quality conscious,
efficient and forward looking, responsive to rapid economic
and technological developments occurring at both national
and international levels. Attempts to increase spin-off
activity within an institution depend on the efforts of the
institution and on the support of external players such as
government and industry. Majority of the current practices
and policies being followed by technical education
institutions should be revamped and quality consciousness
should be driven into the system with the twin objectives
of achieving excellence in technical education and to
promote advanced research to augment economic and
industrial growth.
* * * * *
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 National Security - A Select Approach
Contemporary Security Perspectives:
Science and Technology have undoubtedly helped
us take giant strides in the field of medicine, travel and
communication. Each of these has vastly improved the
quality of our daily lives. Yet, none of this has helped us
ease the extreme political and economic tensions gripping
our society. With all the prowess at our command we have
failed to restrain political and economic crimes, incitement
of religious and ethnic passions or control greed. No doubt
greed and passion are as old as human kind but to what
gain our much hyped progress and development if it cannot
help us evolve into better humans and create a peaceful
world.
Wars are increasingly changing in their nature,
complexity and lethality, be it low intensity conflicts (LICs),
guerrilla or hi-tech wars. Constant and ceaseless innovation
in military technology especially weapon technology has
resulted in push button hi-tech warfare aided by
reconnaissance satellites – which ushered in RMA. The
result is high civilian casualties – almost 80 percent. This
remote controlled killing – distanced and dehumanized –
promotes insensitivity to the ferocity and cruelty with which
people are killed. There is an exponential growth – almost
a billion fold – in lethality indices viewed from bow and
arrow to NWS & laser guided munitions.
A parallel global phenomenon that further
complicates national security planning and preparedness
of any country is that the very concept of territorial or
nation-state is seriously challenged, albeit unsuccessfully,
throughout the world by two opposite groups. - One by
terrorist, insurgent, ethnic (sub-state), extra state groups
etc, and the other by various NGOs like CND, ecological
groups, war resistors etc.
Security issues cannot be discussed without
addressing social and economic contradictions prevalent
in the world. Philosophers like Spencer, Veblen and
Schumpeter believed, to the point of predicting, that
industrialization and trading activity would make it possible
for businessmen to displace war-mongers and national
conflicts. But, alas, how cruelly their hopes have been
shattered, as industrialism instead of undermining wars is
*Director (Hony), Rajaji International Institute of Public Affairs and Administration, Hyderabad.
Professor (Rtd.), Dept. of Political Science, Osmania University, Hyderabad.
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- Prof. A. Narasimha Rao*
in fact igniting and nurturing global national conflicts. We
are witness to the frequent and violent wars in the last and
present century in the Middle East over the energy resources
which are the life blood of industrial activity until
alternative sources of energy are found.
Conflicts could emerge from different patterns of
development and even from unexpected accidents of
history. With authoritarianism’s demise-however debatable
is that demise, the hope that democratisation and market
will have no fault lines to a peaceful world collapsed. Some
of the faultlines include:
1. Suicide Bombers
2. Death Squads
3. Genocide in Europe
4. Massacres in Africa
5. Urban Guerillas
6. Criminal and mafia gang wars
7. Subversion, Sub regionalism, ethnic conflict.
8. Isolation of women in the name of religion.
International political system is characterised by
unequally and differently motivated collection of states.
According to M.K.Narayanan “sustaining on
pluralist multi linguistic and multi-cultural entity and
defending it against assaults from various quarters is also a
function of security. This is however proving to be more
and more difficult in today’s perilous environment.
“New dangers of conflict would appear to arise
from a quite different source i.e. from the implosive or
black hole properties of weak states that cannot sustain
minimum order within their own boundaries or face
genocidal forms of civil strife.
These may sometimes be intertwined with
humanitarian exigencies, hypernationalism, ethnic
antagonisms and a variety of religious fundamentalisms may
hence challenge domestic governance structures far more
than conflict between nations”.
Information technology distorts the distinction
between internal and external security Apart from IT,
there are many other linkages that affect global security
scenario.
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 According to UN Security Council Resolution
2373 of 2001.” There is a connection between international
terrorism and transnational crime, illicit money laundering
and illegal movement of nuclear, chemical, biological and
other deadly materials”. Tax havens offer escape from taxes
and links have been established between ‘Tax havens’ and
Terror funding.
Democracies, like authoritarian states, are highly
vulnerable to centrifugal forces of vulgar sub-regionalism
shifting priorities of Governments from development to
maintenance of law and order. That defense and
development are mutually inclusive is a well-known axiom.
Politicisation of National Security as part of partisan politics
is dangerous and affects defense planning. “Starting
prepartions to counter a threat after it has materialized is
the surest way of inviting disaster. That means there is no
understanding of the concept of lead time needed for
preparations. This indifference to carry out regular periodic
assessments of security threat on the part of our political
class and beauracracy and communicate it to the nation is
at the root of overall insensitivity of our media, academia,
parliamentarians and the public at large to the problem of
national security. This Indian mindset is not a secret to our
adversaries” - K.Subramanyam.
If development gets affected /retarded we get tossed
between countries with medium development and high
development. If we slip from high development ladder, our
insecurity levels will rise and we will also experience a rise
in civil wars. Our security scenario is conditioned by global
security environment. Our world is dominated by USA.
It dominates arms trade. It dominates in advance military
technologies. Our global environment is littered by over
500 million small arms- 1/5th of which is illegal, mostly
untraceable but used. Terrorists operate across the
chessboard of international politics with no respect for
boundaries or lives. There are over 15 million refugees in
the world who fled for fear of war, persecution or for better
life. There are over 2 lakh child soldiers. Children killed in
conflict in the decade before 2000 – number 2 lakhs.
And there are religious wars across the globe. If
robust secularism is the answer for religious extremism /
fundamentalism, what is answer for secular extremism?
More than 20 million people died in conflicts after 1945
i.e., without a world war.
India’s national security is encountering threats not
only from the traditional adversaries. But, over the years,
regional and global security scenario has rapidly altered
wherein the non-state actors like terrorist outfits, pirates,
smugglers and illegal arms dealers have come to dominate
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the security situation. A major concern of countries like
India, bordered and located in one of the world’s terrorist
regions, is how to counter these non-traditional threats.
India’s foreign policy establishment has forgotten
or does not know our ancient and traditional wisdom of
‘Political Frontier’ (Khandantara Seema) as distinct from
‘Legal Boundary’.
Kalhana’s ‘Rajatarangini’ records thousands of years
of history with 1000s of inscriptions chronicling exemplary
feats of kings and commoners over a length of 5000 miles
of Indian Ocean. Indian Trade routes cris-crossed Asia,
Africa and Europe. Israel, US, Europe have separated power
from territory long ago. This seperation symbolises their
strong belief in the concept of “Political Frontiers”.
A vigorous return to our tested wisdom is urgently
called for. Our Military exercises with many countries,
particularly in Indian Ocean region without military
alliances is a small and welcome step in the direction of
our attempt to factor in political frontier as a key
component of our foreign policy.
Forging issue based coalitions with countries
having common threat perceptions require to be addressed.
Since all variables affecting a Nation's security
cannot be dealt with in a single essay, this paper is focusing
on two areas 1: China and 2: Some aspects of liberalized
economy.
LIBERALISATION:
Liberalisation opened floodgates - allegedly for
progress, development, enterprise, creativity and freedom.
Shadows began to emerge soon. Since liberalization,
between 2 &3 lakh farmers are estimated to have committed
suicide. Violence, crime and vulgarity took over the
entertainment industry. Not to lag behind Media-especially
electronic media, jumped on to the bandwagon of greed
and entered the living room of millions desensitising them
to strong, healthy and enriching traditions of our culture.
A Study in the United States show that by the age
of 18 American children see and get influenced by over 2
lakh acts of violence and 40,000 murders on TV screen.
We do not yet have a comparable study but results/effects
are glaringly evident.
Consumers ( all who see TV , films, purchase
products from advertisements) are bugged and trapped.
Accordingly a Media executive admits, “85% of what we
see is CRAP”
Advertisements are estimated at garnering 20000
crores of rupees and growing at the rate of 15% p.a.
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 Indian Advertisement industry generates about $2
Billion per annum with online segment at $100million,
Print and TV at 900 million.
It is roughly estimated that sms revenue generated
by mobile service providers could be Rs 50 million per
day. For services one has a right to get free, Indians pay
24,000 crores of rupees per annum as bribes.
It is time to make a study of expenditure on
advertisements in electronic and print media, films,
sponsorships, grey market operations, mobile phones
revenue and amount of black money in India. Black money
helps parallel economy to grow which inturn generates more
black money and is estimated, rather under estimated at
about 4,50,000 crores. The total amount of items
mentioned above carry a burden of wasteful expenditure
eating into legitimate requirements of people of a rich and
strong cultural tradition.
Following statement casts another shadow that
looms large and one that should worry opinion makers
concerned about threats to our peace, culture and security
and how our moral senses are dulled.
Ü«∞„`« <å~°ºã¨∞ΠѨÓ[ºO`Õ
`«„`«ó ~°=∞O`Õ ^Õ=`å
HõÅ HõOiî HõO@ Hõhfl~˘eH˜#
ã≤i ~ÚO@ #∞O_» <˘Å¡^Œ∞ ã¨∞=∞f!
1 Crime against woman - every 3mts
1 rape____________ every 30mts
1 dowry death______ every 75mts
1 + lakh female children killed — p.a.
Women paid less for equal or more work in
agriculture and some industrial labour.
5 1/2 laks women die in pregnancy & child birth
of which 3 1/2 lakh preventable
20-50 million bonded labour -1/2 being women
and children.
6000 die of small arm p.a in India
24000 die of hunger daily
Rural women spend 3000 crore hours p.a to fetch
firewood.
The information and figures given above relate to
just two areas of human development indices and are
enough to represent disgusting indifference to fundamental
principles of human relationships. They also represent
increasing inability, bordering on refusal, to appreciate the
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matchless contribution our scientists and artistes have made
over the years earning universal acclaim.
The amount of material wealth and human capital
that would have literally converted this country into a leader
among nations is being systematically drained of resources
and of values. These trends required to be urgently reversed.
China Factor
Despite the fact that India’s neighbourhood is
charactarised by constant threat scenarios from the eastern
and western security domains, further complicated by the
eroding borders accentuated by numerous non-traditional
military threats, Indian strategic and defence perspectives
do not address them adequately. In dealing with our
‘Himalayan giant and formidable neighbour’, there is
insufficient appreciation of the threat and the appropriate
strategies required to counter China. India’s foreign policy,
in ignoring the behaviour and actions of China, does not
reflect mature understanding of the threats implicit in our
Himalayan neighbour’s actions.
China is not only building its military capabilities
along the disputed borders – Ladakh and Northeastern
regions –but it is seriously challenging India’s traditional
security penumbra by encroaching into our immediate
neighbourhood. All the smaller states of the Indian
subcontinent are getting the Chinese military, economic,
technical, infrastructural and strategic support of some or
other type. China is supplying arms to Sri Lanka, building
a port and is engaged in the Lankan energy field.
On our eastern frontier, China is actively involved
in Bangladesh. A Sino-Bangladesh defence agreement has
been signed, though its details are not yet public.
Chittagong harbour, the major maritime hub of
Bangladesh, is being modernised with the Chinese
economic and technical cooperation.
China’s Massive assistance to Pakistan in
development of nuclear and missile technologies and in
Gwadar port development is an acknowledged fact.
China plans to use nuclear explosion in
contravention of Test Ban Treaty to blast a tunnel through
Himalayas to divert water from Tsangpo in the upper
reaches of the Brahmaputra river to the Yellow river. This
strategy undoubtedly would be of formidable consequence
to millions of Indians living down stream of the Himalayan
riparian system. In other words, these people would be at
the mercy of the Chinese manipulation of the upstream
water sources with the potential to flood them or withhold
their water supply. Downplaying such realities of far greater
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security implications to our country is symbolic of naivette
or of fear and definitely not of a policy.
Map of Tsango diversion
Myanmar is a strong link in the Chinese ‘string of
pearls’ strategy whose objective is to encircle India by
cultivating closer relations with India’s South Asian
neighbours.
America over invests in Chinese economy which,
according to America itself, is a non-democratic nation.
And China modernizes because of advantages accruing from
western technological transfers and has already became a
formidable economic and military power.
Activities in Indian Ocean region by China and
some facets of Chinese foreign policy listed below clearly
demonstrate China as a security challenge to India.
China’s territorial interests and claims include:
Nepal, Bhutan, Sikkim, Assam, Andaman
Archipalego, Arunachal, some parts of Himachal Pradesh
and Uttar Pradesh.
W ‘59 = 1,40000 Sq. Mts
‘62" = 1,20,000 $ Aksaichin
‘80" =claim addl 40,000 in Pakistan & build
Karakoran heights
S= Pockets in H.P and U.P
E= ‘59/ 36,000 Sq. increase to 90,000 in’ 87
China intruded across the western and eastern
extremities of LAC more than 200 times.
‘No first use’ nuclear policy of China is directed
at non NW states which are signatories to NPT. Thus
India gets excluded. Therefore, this strategy of China is
meaningless and constitutes a threat to us.
230
Why is peace unattainable?
Because
a) To be good patriot, one should feel that one’s
country is always right and others are suspect.
b) For every thousand pages written on the
causes of war less than a page is written on
the causes of peace.
c) More people died of belief than for truth
d) The assumption that violence has a biological
basis. Studies on biological basis of morality
are either shunned or their existence is
unknown
e) The possession of a weapon that asks for a
military solution (Gorky’s play)
f ) Neutrality or indifference to higher values.
g) Society dominated by ‘power elite’ prepares
you for war.
Science and Art have no boundaries but their
applications get converted, distorted and misused by the
militarist/elitist Nation State. It is ironical that Terrorists
also do not recognize boundaries.
As an attempt to see a silver lining, a few examples
could be cited. Discovery of unsuspected unitary laws of
20th century had Physics rethink and accept the theory of
“WHOLE” expounded by ancient Indian and Greek
Philosophers. This greatly helped trancend all limitations
in the field of scientific thinking. Out emerged concepts
so primary in their level of importance and yet so universal
in their application- that every branch of human activity
or experiment we perform impacts on everything- be it
environment or the BATTLEFIELD (See Burn Northrop/
Isavas Upanishad commentaries). Power of a nation is
convertible. As is war and peace.
Dubchek’s stand on Soviet invasion, Kennedy’s
exhortation at the end of ‘Cuban Missile Crisis’, Gandhi’s
support to Britain in WW II, Disarmament treaties and
Establishment of International criminal court of justice
display successes of the intellectual and moral nature.
A return to Socialism with a human and spiritual
face may help alleviate, if not eliminate, the ills affecting
mankind. A daunting task and a tall order. Hopefully, not
an impossible one.
* * * * *
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 Education: An Overview
The Education Commission (1964-66) on Indian
education stated in the opening sentence of its
comprehensive report that “the future of the nation is built
in her classrooms” and thus set the role and importance of
education in the nation building process. Throughout the
history, education is considered as an important instrument
for development in all spheres of human and social living.
Education particularly quality education in any given
society reflects the quality of living of its people.
Education has a long history in our country. Even
before the existence of many of the advanced countries of
the world, India has had an all comprehensive and life-
oriented educational system. Her ancient educational
institutions of higher learning like Nalanda and Taxila were
renowned throughout the world for a variety of
programmes they offered and the quality of education they
imparted. Indian education had experienced many changes
in course of time in responding to socio-economic and
cultural changes and needs of the day, ever since. It is
heartening to note that certain practices of ancient Indian
education are recalled, appreciated and recounted more
often than not by educational planners and practitioners
in India and also others who are concerned with education
across the world.
Having such a glorious past, Indian education has
undergone many changes due to several socio-political
considerations and emerging needs of the society,
particularly during pre and post independence period.
There was a tremendous pressure from different quarters
to develop a tailor-made indigenous system of education
to meet the emerging socio-cultural and economic needs.
Consequently the colonial education system, which we have
inherited underwent many changes. But, the changes
brought into our education system have failed to respond
to our societal needs causing an unprecedented
dissatisfaction regarding the relevance of education among
Indians. This is evidenced in the recent expressions of many
an intellectual including the Prime Minister. To quote,
the former President of India Abdul Kalam “my only dream
is to see India as a super power in terms of quality of life of
its people in the world of 2020, which is possible by way
of creating a knowledge society, which is again possible
*Professor, Department of Education, Kakatiya University, Warangal – 506 009 (AP)
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- Dr. Ramesh Ghanta
only with relevant and quality education that is imparted
at all levels”. Thus achieving Education for All with quality
has emerged as a new challenge before educational planners
and practitioners in India.
Education is one of the inevitable inputs for socio-
economic development of any nation in the contemporary
world. Its importance has been unequivocally recognized
by the founding fathers of our constitution. The Directive
Principles of State Policy (Article-45) declares that “the state
shall endeavour to provide within a period of ten years
from the commencement of this constitution for free and
compulsory education for all children until they complete
the age of fourteen years”. This broadly corresponds to the
provisions relating to primary education in Article 26 of
the Universal Declaration of Human Rights of UN. But
this constitutional goal still remains a distant dream in spite
of many interventions in the form of schemes like
Operation Blackboard, Non-Formal Education, Mahila
Samakya, National Programme of Nutritional Support for
Primary Education, State-specific education projects in
Bihar, Rajasthan, Uttar Pradesh, Andhra Pradesh and Sarva
Siksha Abhiyan etc., since the introduction of National
Policy on Education-1986.
On the other hand, the literacy situation, improved
though as per 2001 census, is still not encouraging. The
literacy rate rose from 14% (at the time of independence)
to 65.3% as per 2001 census. This is not a small
achievement. But, countries like China, Indonesia,
Srilanka, Brazil and Mexico which were in the same
situation as was India at the time of independence have
surpassed pushing us and countries like ours into a state of
embarrassment.
The main reason for the slow progress in the spread
of universalization of education in our country appears to
be lack of commitment and political will. The recent efforts
at making primary education a fundamental right through
86 th amendment bill aiming at achieving not only
universalization of elementary education but also total
literacy turned out to be a fiasco as a result of apathy of the
powers that be. Another reason is the existence of schism
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in primary education sector which is inconsistent and in-
egalitarian in a country like ours as pointed out by Indian
Education Commission in 1966 itself. The recent trend
of privatization has negatively affected primary education
sector of our country by opening the doors for the
emergence of corporate culture.
Even after six decades of liberating the nation from
colonial rulers, we could not develop our own indigenous
system of education in its true sense. Some times we feel
that the traditional society without much education lived
in peace and harmony. In the recent past, though the
opportunities for education in terms of accessibility have
improved fairly satisfactorily at an affordable cost, the
Spirituality and Medicine - The Inseparables
Doctor, why am I afflicted by this disease? why
me? And what is the meaning of my life now? are the
questions of concern often posed by the patients to the
physician. Obviously, these are the aspects that are beyond
the domain of modern scientific medicine.
As the scientific progress brought great advances
in medicine, the spiritual and mental aspects of healing
were set aside. Medicine became one-sided and body is
being perceived by the human beings as functioning
machine.
In the key note address to the British Medical
Association in England 25yrs ago, Prince Charles stated
that "we should respect the advances made in medical
sciences while at the same time being aware that man has a
mental and spiritual aspect and these are vital ingredients
in the healing process".
The above statement makes no new point. At
present there are about 3-4billion people worldwide who
believe in divine presence and the importance of the power
of prayer in healing. There are many recorded healings in
the history by this divine power.
Tuberculosis (Koch’s) was, and is considered as the
killer disease of human race. The oldest medical literature
speaks of Lord Jesus Christ suffering from Koch’s. How
was he cured of that disease? He did not take any anti-
tuberculous medicines or other drugs and yet he was cured.
The yogic practices he followed had the power to heal his
disease.
*Consulting Pulmonologist, Wockhardt Hospitals, Hyderabad.
232
increase in the number of educated in the society,
unfortunately failed to bring compassion and love in the
society. It all happened because the education which we
are imparting is not integrated with our culture and values.
Therefore, there is an immense need to reorient our
education with long cherished values of this great nation.
In this context, one should not hesitate to take the help of
the religion though ours is a secular country. Therefore,
the educational planners should include education about
the religion instead of religious education at different levels
of acquisition. With such a modest attempt, through
education one can prepare the educant as an integral being,
which will enable in the creation of an integral society.
* * * * *
- Dr. V. Nageshwar, M.D.*
Since the beginning of the history of human
civilization, religion/spirituality and medicine have been
intertwined, having a common origin in conceptual frame
work. To Hindu sages and monks the knowledge of
medicine was sacred, God being the ultimate source of this
knowledge of life.
Historical events such as persecution of
Galileo(1564-1642) for supporting the Copernican view
of the universe, widened the gap between organized religion
and science. Since the time of Newton (1642-1727)
scientists accepted the view that material reality is governed
by physical laws and an attempt is made to keep faith and
spiritual perspective separate from science and biomedicine.
Advances in science and technology in 20th century led to
widening of the chasm between modern medicine and
spirituality. The common thread which binds spirituality
and medicine is faith, and nothing in life is more wonderful
than faith.
In the late 20th century the notion of healing of
the whole person with care for the body, mind and spirit
started gaining greater importance.
The strength of modern western medicine has also
been its weakness in the sense that, it achieved remarkable
success in diagnosis and treatment of diseases, but the
spiritual component accompanying serious illnesses had
been so neglected for decades together, that it was almost
forgotten.
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 For instance, if a patient with 2 to 3 heart attacks
survives, people think that it’s the miracle of medicine, but
if you look deep into it, it is partly because of the fact that
each fiber in cardiac muscle acts like an independent heart
even if few of them are damaged. Surprisingly heart is the
only organ which has that capability. Such an excellence
and micro level perfection! What shall we call this? and
whom shall we praise for this? It’s the engineer God who
gets the credit ultimately.
Its not only the cardiac muscle, there are many
more examples like the synaptic junction in the nerve
physiology (explaining about the transmission of synaptic
impulse), the physiology of tissue injury and inflammation,
where it does not merely explain the changes after the tissue
injury but a deep philosophy of how and what has made
the cells migrate to the site of injury for healing. All these
are the real BHAGAVAT LEELA (miracle of god). So in
every aspect of medicine there is spirituality which is unseen
and not understood but ironically being practiced even
without our knowledge.
As a doctor when I go through the medical text,
what comes to my mind is that every line in medical text
speaks about the exceeding excellence of God's creation.
Every topic submits the beauty of Almighty’s perfect
precision in human body engineering and its adjustment
during illnesses. I strongly feel that becoming a doctor and
practicing medicine is all about spirituality which one has
to seek than just studying volumes.
As a critical care personel, I notice that, cancer
patients at their advanced stage, patients with serious
chronic illnesses in the ICU are given aggressive life support,
loads of medicines, and numerous monitoring devices
attached to their body. The doctor attempts to bring the
patient towards recovery with his knowledge and skills. In
spite of such a vigorous struggle, when all the scientific
parameters fail to respond in crisis management the science
fears to accept the defeat. So the life-support and
resuscitation keeps continuing until a point, where the
relatives feel that the inner soul of their loved one is
struggling to fight against death and experiencing torture
with the tubes at all body passages, lots of devices attached
to and loads of medicine flushing into their body. This is
the time when spirituality takes the lead from both sides
and relatives want to let their loved ones to pass away
peacefully without any further suffering.
The above example makes it clear that, when
science stands blank with no options left out against the
diseases, then spirituality comes to the rescue of science, in
a decent manner. Spirituality demands not only a peaceful
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life but also a decent and torture less death and that’s what
is all about the art of leaving as taught for centuries in
India . There is science and spirituality in every instance of
medicine whether it is life or death, thus both cannot be
viewed separately.
In fact in much earlier time in the history of the
world the priest and the medicine man were one and the
same in most cultures. It is time for the physicians to realize
that when illness threatens the health and possibly the life
of an individual, the person is likely to come to him with
both physical symptoms and spiritual issues in mind.
Spirituality is a part of caring for patients. Research
demonstrates that our health and wellbeing are influenced
by our physical body, our thoughts, feelings, our social
situation, our relationships and not the least, by our spiritual
belief and practices.
Many people also consider illness as a great
medium for inner spiritual change. This need not always
be the same it can happen at the preventive level also. The
spiritual path is a personal quest and cannot just be
understood by reading books—it has to be experienced
and lived.
In a study it was stated that 76% of physicians
believed in GOD/Spirituality and many patients, wanted
their doctors to pray for their healing. In another study about
85% of doctors believed that they should be aware of patient’s
spiritual needs but, only 10% of doctors routinely initiate a
spiritual history with patients. This led to the concept of
spirituality and medicine been taught from first year of
medicine. In the USA out of the 150 Medical schools 100
schools have started offering spirituality-in-medicine course
in their regular curriculum. World Health Organization has
accepted the spirituality as an important aspect to be dealt
for achieving quality of life.
As we are passing through the times of erosion of
values and virtues the meaning and purpose of value free
scientific medical education where monitory interests have
influenced the practice of medicine, the scenario has to be
changed at the earliest. The young Indian doctors need to
learn from the examples of history that how vital was the
knowledge of spirituality in healing for better, safe and
healthy society.
* * * * *
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 School Education : A Perspective
Today’s school education could not make a student
a ‘total being’. The student is being given information on,
nature and society. The information that is being given is
not integrated with practical activity and the student is
unable to realize the practical value of education. In fact,
education has been kept away from practical life and thus
rendered unproductive. Consequently, the student is being
alienated from understanding his life and society in the
educational process. His degree is useful only in finding
some job or earning for him. Many philosophers, social
scientists, educationists and various commissions and
committees of national and international importance have
been emphasizing time and again to reorient education for
socially useful productive work. However, the purpose of
education should be the realization of self in the inner world
and freedom, equality and fraternity of people in the outer
world. Thus, the school education should impart relative
knowledge of nature and society (ever changing) and the
absolute knowledge (never changing) for self-realization.
Sensual knowledge changes with ever changing
external world and hence it is relative knowledge. Relative
knowledge always presupposes the existence of absolute
knowledge. Ancient yogis pondered over this and realized
that the eternal knowledge can be attained by withdraing
from sensual activities (thoughts) and traveling into inner
being and attaining the state of ‘sakshi butha’. While sensual
experience leads to relative knowledge (science of outer
world), the non-sensual experience leads to eternal
knowledge (science of inner world). The existence of these
two types of knowledge has to be realized by the
educationists before propounding any curricula and
methods of teaching in the schools. When we speak of
‘knowledge’ it should encompass both ‘relative’ and
‘absolute’ knowledge. Thus, we understand considering one
and leaving the other results in partial knowledge. Further,
not even considering the importance of experience or
activity in teaching in the class-room, the bookish
information does not provide even the relative knowledge
but dogmas which have nothing to do with reality.
Unfortunately, present education is going in this direction
creating dogmatic approach in the children, which is
*Associate Professor, Department of Education, Kakatiya University, Warangal.
234
- Dr. D. Rajendra Prasad*
leading to distress, misery, impatience, self-centeredness,
conflicts and even suicidal tendencies. The students are
unable to realize relation of cause and effect even though
the whole knowledge in the books is an expression of ‘cause
and effect’. Idea formation itself is based on ‘cause and
effect’. The cause and effect relation (knowledge) can only
be realized when theory and practice go together. They are
the two sides of the same coin and one can not exist without
the other. The present education has become end in itself.
Krishnamurthi says “to understand life is to understand
ourselves, and that is both the beginning and the end of
education”. Education has the purpose of understanding
oneself and the society. The transaction of present curricula
could not develop reasoning attitude in the students. This
shows that there is something wrong with the present
education.
The knowledge which we get through sense-
perception, always changes with time and space. Hence,
this knowledge is relative of time and space. Einstein’s theory
of relativity also illustrates the same. Thus, the earlier
knowledge which is already acquired can not be accepted
as it is in the present context. Because, past can not be the
same as present, even though it appears as the same. In the
fraction of a second, the earth's position is not the same.
Also, man is not the same in a fraction of second because a
number of changes take place in human body from moment
to moment. This applies to thoughts too. Science
established that every thing in this universe is in motion
and hence changing from moment to moment. Adi
Shankara said that the world is maya because it is ever
changing. He does not mean it as non-existing. When
change is the reality the concepts thus formed also need
correction in the light of new situations. So the concepts
or conceptualized knowledge only helps in guiding to
understand the present. Hund’s uncertainty principle in
physical sciences also speaks about uncertainty at even a
point of time in certain properties of atomic particles.
Hence, relative knowledge is uncertain and has to be verified
in every situation.
Human being is an organic entity of the universe.
The universe is reflected in multi-dimensions. The school
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education has to make the student understand his relation
with the existence. Thus, in the hierarchy of needs of
Maslow, self-actualization stands at the top of the pyramid.
Indian realized masters also said from ancient times that
self- realization is the ultimate aim of human beings. The
education should fulfill the needs such as food, clothes,
shelter etc., and should also help in self-realization. Delor’s
report (International Commission on Education for 21st
Century) emphasized that holistic education must
acknowledge physical, intellectual, aesthetic, emotional and
spiritual development of an individual. Further, the report
stated that conflicts, intolerance, jealousy, greed, hatred,
bigotry, fundamentalism and fanaticism among individuals,
groups or nations have to be dealt. And, the report kept
the whole responsibility on education and teacher
education.
There is a proverb among the Telugu people that
‘vidya lenivadu vintha pashuvu’. Karl Marx states that
without education there is no humanity. Lenin asserts that
education apart from life is a lie and hypocrisy and
education should be provided to counter hypocrisy and
lies with the complete and honest truth. Gandhi’s concept
of basic education is oriented towards life and community
development. John Dewey states that education is
participation in life. Now, the whole world including India
realized the importance of education in social and economic
development and considered it as human resource
development. School education has to be taken care of
seriously because it forms the basis in the education ladder
and it is the children's education which decides the future
of the country. In ancient days the curriculum was decided
by the master, what to teach and how to teach and how to
evaluate the performance of the disciple etc. Now, education
has emerged as a system which is decided by the State. The
State plays primary role in formulating the policy of
education in a particular system or social order. As such it
has been reduced to the politics of the ruling governments
at state and central level which are deciding the fate of
education. With the change of government and the political
parties in state or central level, the policies on education
are changed frequently. Thus, the education system which
should be based on long term man power planning of the
society has been tuned to the ad-hoc and vested interests
of political parties.
Education is the process of communication of
experiences. Communication of what one perceives is the
basic instinct of human being. Development of language
has revolutionized the human communication process.
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Language is the abstract expression of direct experience. If
the expressions are not based on experiences they lead to
Utopia or dogma or falsity. Education means acquisition
of knowledge. Hence, one has to understand how
knowledge is acquired, the ‘theory of knowledge’ or
epistemology. The first step in the process of knowledge
development is contact with the things of the external
world. The process of knowledge starts with interaction of
human beings with outer world with his sense organs which
forms ‘perceptions’. Hence, the perceptions which are basis
for human knowledge are coded in the form of a language.
From here the mental process takes language form. A
number of perceptions thus formed lead to an idea or a set
of ideas which in turn lead to a concept or concepts. A set
of concepts further leads to cognition which in turn follows
action leading to higher order perceptions. This is a spiral
process of ‘knowledge development’. If there is a leap from
perceptions to cognition there will be greater objectivity.
Language is a subjective expression of one’s experiences.
When language is used there is a possibility of distraction
of the objective reality. Language by itself is a duality. Thus,
language as a medium of expression may take more objective
and less subjective form or more subjective or less objective
form based on the expression. The reason is that the
thinking process which takes the form of language as a
medium always leads to subjectivity or distortion of truth,
like the appearance of a stick in distorted shape when it
has been kept in a glass of water (water is a medium). That
is why, realized people expressed that truth cannot be said.
If it is said it cannot be truth. They have given primary
importance to experience in knowing the truth. Budda,
Mahavira, Christ, Gandhi, Marx and many others’
teachings are misunderstood and misinterpreted by most
of the people in the course of time. Because they are
subjective conceptions of others without attaining the level
of consciousness. Hypothetically speaking if all these people
came and saw the way their teachings are interpreted in
the name of their-isms they would have felt sorry. We know
how Buddha has been understood in the name of
Buddhism, Mahavira in the name of Jainism, Chirst in the
name of Christianity, Gandhi in the name of Gandhism,
Marx in the name of Marxism. Every ‘ism’ is
conceptualization (generalization) of making it more a
dogma which goes against the essence of their teachings.
That is why after Buddha, Mahavira, Christ, Gandhi and
Marx their teachings were distorted resulting in divisions.
To understand Buddha one has to attain Buddhahood. To
understand Marx one has to rise to the level of the
conciousness of Marx. Otherwise, how can we understand
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their teachings? Why I tell all these is because theory is a
guide to action and only in action one experiences the real
situations which leads to one’s own knowledge. It is reported
that Siddhartha after realization, after becoming Buddha
under Bodhi tree, did not speak for some time because
truth expressed in a language form leads to distortion. It is
also said that only his compassion towards humanity made
him speak for human realization. There is no better way
than to communicate one’s own experiences in the form of
language.
The aim of education is to provide an under-
standing of objective experiences. This is possible only when
perceptions are based on direct experience in contact with
external world. Rosella Linskie states “experience is of prime
importance, and activity is must”. Field theory psychologists
say that experience is an interaction of human organism
with the perceived environment. From ages we have been
taught that experience is the real master. Thus, the
philosophers and psychologists are in agreement of
provision of direct, first hand experiences to the child in
the school.
Research has found that the basic ideas are formed
in the children till the age of 7 years. Perceptions at this
stage are of greater significance. So, family and school play
a very vital role at this stage. All other thoughts grow
interacting with these perceptions at later stage of mental
process in the child. How closely (from all angles) the
subject experiences the objective world, decides the
effectiveness of learning. Hence, the child at this stage
should be cared well by providing concrete, objective
experiences. If direct experiences are not provided to the
children in the schools their perceptions can’t find any
relation to reality thus leading to unreal, illusory concepts
and theories which rule their thoughts and their life in a
world of illusions. This trend is the source of conflict among
the human beings. Unfortunately, this is what is happening
with the present education. Today’s education is following
‘talk and chalk’ method without any follow up of practical
experience leading to dogmatic approach. Theory is being
taught without practice or application. When there is a
gap between theory and practice, it goes against wholistic
or scientific approach and hence the present education is
unable to develop scientific attitude in the students, even
though they become great scholars in science. Einstein, a
great scientist worried much after propounding the energy
formula, E=mc2, because his formula was used to destroy
Hiroshima and Nagasaki in the world war. In his latter
stage of life, Einstein expressed that if he had another birth
236
in future, he wished to be born as a Carpenter. It is also
reported that Mikhail Kalashnikov, the Russian who
invented AK 47 also worried much because it is now used
widely for destruction rather than for protection of
socialism, for which he invented in 1940s. After looking
into the situation he expressed that it would have been
better if he had invented a machine useful for the peasant
rather than the gun. To build a right and humanist society
the vital or dynamic energies have to be channelized in a
right direction for constructive purpose right from school
age as stated by Sri Aurobindo. If the society doesn’t do it,
naturally this energy which is dynamic in nature flows in
wrong direction.
Every child is pure in his consciousness when he
is born. All knowledge is acquired through education and
it is a social product. The State owned or managed school
education system could not make him realize his pure
consciousness. On the other, the ever changing knowledge
(the relative knowledge) is provided with mechanistic
approach (unscientific). Ivan Illich says that the education
had made the student forget his humanness and hence it is
anti-educational and anti-social. Osho says “this is not
education, this is sheer stupidity; you are not teaching
anything significant”. In such a situation the nature of the
school, curriculum and its transaction by teacher need to
be probed. Reports revealed that a majority of government
schools are with poor infrastructure facilities, uncongenial
surroundings and high student teacher ratio and poor
teacher quality. This shows lack of political will of the
government. Failure of curriculum in practical orientation
of students towards productive, useful and community
work has been stressed by different committees and
commissions. Further, there is much criticism on the teacher
education programmes which prepare teachers for the
school education with regard to their selection procedure,
the way they are trained and the evaluation of their
performance. In recent years, commercialization of teacher
education has led to further deterioration of quality.
The problems of present education system
in the schools are :
- Non-enrollment of children in the school
- Children with malnutrition
- Child labour among school children
- Dropouts from the school
- No relation of the curricula with individual
and community life
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 - Teaching is theoretical and examination
oriented
- Energies of the children are wasted without any
productive work
- Not for imparting knowledge but for bookish
orientation in conceptual
development leading to dogmatic approach
- Class-room activities are teacher-centred
- Inner potentials are not identified to channelize
their energies
- Teachers’ do not know for what they are
teaching? (Giving the information provided in
books without looking its ultimate aim of
bringing behavioural changes such as
politeness, respecting others, tolerance etc. for
practicing and higher order of values of
community and culture such as equality,
freedom of expression ‘vasudaika kutumbakam’
etc.)
- Commercialization of education and teacher
education.
- No accountability
- No proper supervision of schools
- Improper teaching and evaluation procedures
- Non-integration of technology in the class-
room teaching
- Problem solving methods are not followed.
- Child is passive learner. No freedom to the
child.
- Poor infrastructural facilities. etc.
What should be done?
From the above discussion it can be concluded
that at school level concrete experiences have to be provided
to the child and the curriculum construction should be
based on providing practical activities and problem solving
experiences relating to productive work and community
development, shaping the school a place for participation
in life. Reports of different committees and commissions
of national and international importance, the thoughts of
Karl Marx to Gandhi and experiences of different countries
are to be considered to give a road map to school education.
The teachings of realized masters like Aurobindo,
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Krishnamurthi, and others on education are to be
considered to include spiritual component in the
curriculum. Then only the child can be a ‘total being’,
rooted at the centre with bliss, peace and contentment
which is the ultimate aim of life. Otherwise, living only
with the relative knowledge which is momentary leads to
conflict, anger, distress and unhappiness making one’s life
to move on the circumference without contentment.
The school curriculum should include:
• Mother tongue (Cultural and moral education)
• English (Introduction to an International
language and understanding)
• Singing, Dance, Music, Drawing and Painting
(Developing aesthetic appreciation and
creativity)
• Mathematics, History and Geography, Home
economics
• Science (To be integrated with field
experiences like working with community,
gardening, farming and handicraft activities
to develop positive attitude towards work and
dignity of labour)
• Sports and Games, Yoga and Meditation (To
develop physical, emotional balance and
concentration to understand oneself )
The schools should be provided with play ground,
gardening, farming and workshop in their premises to
implement such a curriculum and teachers should be
educated in this direction. Technology and computers have
to be integrated to facilitate the individualized instruction
to learn at one’s own pace with problem solving approach.
The teaching-learning process should go with gender
sensitivity. Krishnamurti says that a student must be free
which makes him sensitive towards study giving his heart
to it. The curriculum should become a tool for establishing
democratic, socialistic and scientific attitudes among the
children thus realizing the objectives of Indian constitution.
This is one dimension of education. Yogis define “A learner
is one who gets education to understand the nature of self.
A teacher is one who is on his way to understand self. A
master is one who understood the nature of self ”. Hence,
the curriculum should help in knowing thyself. This is the
second dimension of education which is attained through
yoga and meditation. In this way both the objectives of
attaining relative and eternal knowledge can be fulfilled
237
through educational process which will not only help one Rajendra Prasad, D. (1994). Readings in Education. New
to get his livelihood but also help in developing insights Delhi: Ashish Publishing House.
into self. The whole teacher education programmes need a
Rajendra Prasad, D. (2006). The School, Teacher-Student
paradigm shift in this direction to train the teachers to fit
Relations and Values. New Delhi:Ashish Publishing House.
for this type of education.
Sodhi, T.S. (1983). A Text Book of Comparative Education.
The constitutional obligation of providing free and
New Delhi: Vikas Publishing House.
compulsory education could not become a reality and the
targets fixed several times could not be achieved in school http://siteresources.worldbank.org/EDUCATION/Resources/
education as the nation failed to have a prospective plan 278200-1099079877269/547664-1099080026826/
with vision on school education. Certain initiatives which The_Cuban_education_system_lessonsEn00.pdf
were introduced could not yield expected results because
of its content and planning. The world history shows that http://en.wikipedia.org/wiki/
revolutionary changes in the curriculum construction and Education_in_the_People’s_Republic_of_China#Primary_schools
its implementation in the schools took place only with http://www.infed.org/thinkers/et-krish.htm
commitment on the part of the State. The State should
shift its paradigm in the light of world experiences in school http://www.sriaurobindosociety.org.in/activity/
education and should introduce the school curriculum in educate.htm#need
the light of the proposed curriculum frame work. Therefore,
http://www.oshoworld.com/osho_now/world_vision_osho.asp
there is a need that all political parties irrespective of their
ideologies should help the educationists in preparing a road http://www.ncte-india.org
map for school education with necessary budgetary
http://www.unesco.org/education/pdf/15_62.pdf
provision for the coming decades and should not interfere
in the process of implementation. Then, it will be possible
to give right direction to school education to realize march *****
of socialism and liberation of man.

References :

Aggarwal, J.C. (2006). Educational Reforms in India for the

21st Century. Delhi: Shipra Publications.

Aggarwal, Y. and Premi, K.K. (Ed.). (1998). Reforming School

Education: Issues in Policy Planning and Implementation. New
Delhi: Vikas Publishing House Private Limited.

Dale, Roger. (1989). The State and Education Policy. Milton

Keynes:Open University Press.

Devesh Kapur and Pratap Bhanu Mehta. Mortgaging the

Future? Indian Higher Education. http://en.wikipedia.org/wiki/
Education_in_India

Krishnamurti, Jiddu. (1953c). Education and the Significance

of Life. London: Victor Gollancz Ltd.

Krishnamurti, Jiddu. (2006). On Education. Chennai:

Krishnamurti Foundation India

Sarup, Madan. (1978). Marxism and Education. London:

Routledge & Kegan Paul.

238 Platinum Platform

 Crime and Punishment
A crime is an act deemed by law to be harmful to
society in general, even though its immediate victim is an
individual. The notion of crime as a threat to the whole
society is the material counterpart of the formal rule that
state alone is the master of the criminal prosecution. No
private person has a direct interest in a criminal proceeding,
although exception may be made by the statute in certain
cases. It is common knowledge that a criminal prosecution
is not intended for the private satisfaction of a personal
vendetta or revenge. (AIR 1980 SC 856 Krishna Iyer J and
Patak and other judges)
A crime is an act or omission which is prohibited
by law as injurious to the public and punished by the state.
“disobedience” to a command or prohibition made with
reference to a matter affecting public peace, order or good
government to which a sanction is attached, by way of
punishment or pecuniary penalty, in the interest of the state
by way of punishment or as a whole, and not by way of
compensation for the injury which the act or omission may
not have caused to an individual.
Certain kinds of wrongs are considered as a public
character because they possess elements of evil which affect
the public as a whole and not merely the person whose rights
of property or person have been invaded. Such a wrong is
called a crime. It can best be defined as any act or omission
which is forbidden by law to which punishment is annexed,
in which the state prosecutes in its own name.
Crime: - A crime is a social offence; every action
which does injury to others, either individuals or collectively,
is a crime; it consists of violation of human laws.
Vice: - vice is a personal offence and it is a violation
of moral laws.
Sin: - sin is a violation of divine law; sin therefore
comprehends both crime and vice; but there are many sins
which are not crimes or vices.
Crimes are tried before a human court and punished
by the judge, vice and sins are punished by tribunal of the
conscience.
The sins are sentenced by almighty.
Human Weaknesses :
Hobbe’s Theory holds good for all times to come.
It is theorized that ‘a herd of wolves is quieter and more at
one than so many men, unless they all have one reason in
them are have one power over them.
*Advocate, Hanamkonda.
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- V. Harihar Rao*
Those who think that a multitude of men can be
included to live by rule of reason are dreamers of dreams.
Without a common power to keep them all in awe it is not
possible for individuals to live in society.
Without such kind of power over the society,
injustice is unchecked and it becomes triumphant thereby
making the life of the people solitary, poor, nasty, brutish
and short.
Man is a fighting animal by nature and force is the
ultimate recourse of all mankind. Without a common power
it is impossible for men to cohere in any but most primitive
form of society. Without such power civilization is
unattainable. However orderly a society may be, the element
of force is always present and operative. Such power may
become latent but still exists. In course of time administration
of justice came to assume such kind of power.
Administration of justice is governed by well
established rules of procedure. Often a question is asked
why so many guilty persons who are accused to heinous
crimes are acquitted thereby making a common man loose
faith in administration of justice. The law concerns more
with innocent than the guilty persons. Law does not mind
letting of hundred guilty persons but not punish an innocent
person. In the present day context the witnesses are more
scared of the accused persons. The judges will proceed on
the basis of evidence produced by the prosecutors. There
are instances where the eye witnesses come before the court
and pretend to be blind than speak the truth. As a special
pubic prosecutor I was flabbergasted when a witness refused
to identify his own brother. This is nothing but the
degeneration of standards of human morality.
The judges are not monks. They are ordinary
human beings who perform their duty in accordance with
the law and the procedure for the time being in force. An
accused that is charged with a heinous crime, say, of murder
is acquitted by the court, will not be received by the public
with great respect and reverence. My experience shows that
the crime committed by them will be like a scar on their
forehead which proclaims him as an offender.
I was conducting a murder case wherein 12 accused
were charged under section 302 Indian Penal Code. The
case went on till the evening of Friday and the next day was
second Saturday. The principal accused was on bail. At the
239
end of the day he came to my chamber and told me that he
was going to his village for two days. I told him to be careful
and inform the concerned police station. On Monday
morning a police officer who was witness in the same case
came to my office. The wife of the deceased came to my
office and wanted to talk to me. She informed me that the
principal accused was brutally killed in the night before. I
requested the police officer to take her into custody and
produce her before the. S.P. when I went to court the other
accused came to my chamber and wept bitterly saying that
if the accused was in prison he would have been alive. The
police are responsible to protect the life of the guilty person
during trial. The safest would be the four walls of a cell in
the jail.
In another case where I was appointed as amicus
curie the murderer was acquitted. As soon as the judgment
was pronounced he ran away and he reached his village. He
was virtually stoned to death.
Causes of Crime :
Physical causes: - some Jurists are of the opinion
that criminality was closely related to the possession of certain
physical qualities. Certain physical characteristics revealed a
tendency of crime in their nature and that if several of these
were formed in one person he belonged to a criminal type.
Crime is an atavistic phenomenon. Some others
say that sociological as wall as biological factors play their
part. The criminal in custody is largely drawn from lower
economic state in which the position is unfavourable for
physical development. Nevertheless in an individual case, a
physical condition may be a contributory cause of crime.
Mental Factors: - In ordinary parlance mental
factors largely contribute to the crimes. The sense of
“revenge” is a strong mental factor for committing crimes.
A small boundary dispute may lead to flaring up of tempers.
Breaking the legs may be a common threat which may result
in actual offence of grievous hurt. Sexual advances to a
beloved may result in a serious offence of emasculation or
even murder.
Possession of the highest intellectual power is no
guarantee against crime. They may invent sophisticated
methods to commit crimes which pose challenge to
investigators.
“Rape is a crime and not a medical condition- Rape
is a legal term and not a diagnosis to be made by the medical
officer treating the victim. The only statement that can be
made by the medical officer is to the effect whether there is
evidence of recent sexual activity. Whether the rape has
occurred or not is a legal conclusion, not a medical one”. (
Deepak Verma J in Waheed Khan Vs. State of M.P. AIR
2010 SC 1)
240
(?)Mens rea :- unless the statues creates an offence
independently of dishonest intention, there can possible be
no conviction unless the guilty mind is proved. But the criminal
quality of an act cannot be discerned, by limitation, nor can it
be discovered by reference to any standard but one.
An organization which is not declared as unlawful
organization by the government can still indulge in terrorist
activities, what is relevant is mens rea of the organization
(Redual Husssain Khan Vs National investigation Agency
2010(1) SCC 521)
Morality and criminality are far from being co-
extensive. Nor is the sphere of criminality necessarily part
of a more extensive field covered by morality? The domain
of criminal jurisprudence can only be ascertained by
examining what acts at any particular period are declared
by the state to be crimes and only the common nature they
will be found to possess is that they are prohibited by the
state and that those who commit them are punished. A
study of various legal systems makes it clear that law and
morals have had a long union with occasional desertion,
or judicial separation but they have never been completely
divorced. The development of law, at all times and places,
has in fact been profoundly influenced both by
conventional morality and ideals of particular social groups
and also by the forms of enlightened moral criticism of
those people whose moral horizon has transcended the
morality currently accepted.
Mens rea is a “state of mind”. Under criminal law,
“mens rea” is considered as guilty intention and unless it is
found that the accused had the guilty intention to commit
the crime he cannot be guilty. (Director of enforcement vs.
M/s MCTM corpn AIR 1966 SC 1100). One person by
name ‘A’ committed theft of jewellery from passerby lady
and was running away but on the way it began raining
heavily; he took shelter in the house of ‘B’ who provided
him food also when ‘A’ expressed hunger; this act of
kindness and generosity does not make ‘B’ an accomplice
of ‘A’, because his intention is noble.
At one point of time the jurists had conflicting views
on some crimes for eg. theft which is defined as “whoever
intending to take dishonestly any movable property out of
the possession of any person without that person’s consent,
moves that property in order to such taking, is said to commit
theft”.
A hungry person is near a baker’s shop. The shop
has some dried bread meant for his dog. The hungry person
asks for that bread but the owner of the shop refuses. Unable
to bear the hunger he snatches the bread and runs away.
Here the beggar is guilty of theft where as the shop
keeper is not. This is the distinction between law and
morality.
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 Mr. X was married to V in 1988 and begot two
children. He was working as a teacher and she was working
as a nurse. Both of them often had quarrels especially
regarding the house hold expenses. She used to complain to
her parents that her life is under threat. On the date of the
offence the wife went to her parent’s house with children
and had breakfast there. The children were taken care of by
her sister on that day. When she came back her husband
took her to the bathroom where she fell down, he poured
kerosene on her and set fire to her. Her husband bolted the
door from inside of the bathroom and jumped out scaling
the wall. He went to the hospital and got herself treated for
burns. The murder charge was framed against him. He was
acquitted. The High court reversed the finding and convicted
him. The S.C. confirmed the sentence basing on various
circumstances, contradictory statements of the accused and
the dying declaration of the deceased. The circumstances
revealed that accused had “mens rea”.
Cyber Crimes :
The internet has become a part of life for every
individual. The rapid increase of internet through out the
world has resulted in phenomenal increase of cyber crimes.
Using the computer as a weapon cyber crimes are
committed. On a broader assessment the computer crimes
or offences can be categorized as:-
(a) Conventional crimes through computer: cyber
defamation, digital forgery, cyber pornography, cyber
stalking / harassment, internet fraud, financial crimes,
on line gambling etc.
(b) Crimes committed on a computer net work, hacking/
unauthorized access, denial of service;
(c) Crimes relating to data alteration/ destinction virus/
worms/Trojan horses/logic bomb, theft of internet
hours, data diddling salami attacks, stegonagraphy;
(d) crimes relating to electronic mail: spamming/
bombing, spoofing
Case under the IT Act
On Feb, the Delhi Police registered their first cyber
crime under Section 65 of the Information Technology Act
by arresting two website developers who allegedly hacked
the website of their customers.
The accused were website developers who had
contracted with the complainant to develop his website.
Owing to non-payment of their wages, the accused blocked
access to the complainant’s website and stated the following
message on the website “this site is closed due to non-payment
of bill, please contact software corporation inc.Daryaganj “ It
is a lesson that not withstanding legislative efforts to catch
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up with technology, insufficient understanding of
technology by enforcers could result in disastrous
consequences.
Cyber Defamation:- The principle behind the
actual defamation is to protect the reputation of the injured
party and provide damages therefor. Similarly, cyber
defamation would include any act by any thing which can
be read, seen or heard with the help of computers. Having
regard to the fact that the internet being possessed of all the
characteristics of a newspaper, a television channel, a
magazine, a telephone system, an electronic library and a
publishing house, there is a distinction between on line and
offline attempt of defamation and in between these two, on
line defamation is effective. In fact, quantitatively, the acts
of defamation have reached to gigantic proportions, thereby
it would affect the reputation of a defamed person with an
ordinary publication, such act of defamation squarely falls
under Section 499 of the Indian Penal Code read with
Section 4 of Information Technology Act. Even through
Section 499 of the Indian Penal Code does not specifically
mention about any electronic publication, Section 4 of the
Information Technology Act gives legal recognition to the
electronic records. Fiction is also created under Section 4 of
the Information Technology Act, where any defamatory
information is posted on the Internet either through e-mails
or chat rooms or chat boards, that itself will fall within the
mischief of Section of 499 of the Indian Penal Code”.
Digital Forgery :
In the normal parlance, forgery is an act of creation
of a document which is not genuine and being used as if it is
genuine. It is an outcome of an affixing signature of somebody
else on a document. Similarly, the Digital Forgery implies
making use of digital technology to forge a document. The
Desktop publishing systems, colour laser and ink-jet printers,
colour copiers, and image scanners enable crooks to make
fakes, with relative ease, of cheques, currency, passports, visas,
birth certificates, I.D. cards, etc., As per Section 91 of the IT
Act read with second schedule therein,. These offences need
to be investigated promptly but we may lack Technical know-
how. An amendment was made to the provisions of Section
464 of the I.P.C. in elation to the forgery to include electronic
records as well. Consequently, Section 29A has been inserted
in the Indian Penal Code to provide for a definition of
‘electronic record’, which is assigned to Section 2(1)(f ) of
the IT Act. It is also to be noticed that the word ‘false
electronic record’ is added to Section 464 of the I.P.C,
explanation 3 of which provides for the expression ‘affixing
digital signature’ to have the same meaning as assigned to it
in Section 2(1)(d) of the IT Act. The definition of ‘forgery’
can be found under Section 463 of the IPC and after
amendment, it takes in making the electronic record or part
241
thereof with an intent to commit fraud or that fraud may be
committed. The other concerned provisions relating to
forgery like 466, 468, 469, 470, 471, 474 and 476 of the
IPC, now include the electronic record. However, it is to be
noticed that Section 467 which pertains to the forgery of
valuable security, will, etc. has not been amended in view of
the fact that the provisions of the IT Act as per Section 1(4),
bars its applicability to certain documents like will, trust,
powers of attorney, contract of sale or conveyance of
immovable property, etc., Therefore, any digital forgery or
offence thereof are now covered under the IPC pursuant to
the aforesaid amendments to the IT Act.
Cyber Pornography :
On the same lines as normal understood, the Cyber
pornography includes pornographic web sites,
pornographic magazines produced using computers to
publish and print the material and the internet to download
and transmit pornographic pictures, photos, writings, etc.,
In recent times, there have been innumerable instances of
promotion of pornography through the use of computers.
The Information Technology has made it much easier to
create and distribute pornographic materials through the
Internet and the same can be transmitted all over the world
in a matter of seconds. As already stated, the geographical
barriers have totally disappeared. The foreign publications
enter into local territories. The reason for such rise in Cyber
Pornography is its easy access and an anonymity, there is
more use or misuse within the four walls of one’s own
homes. However, what has been disturbing is the increase
in child Pornography. After an elaborate enquiry, a
committee of the Bombay High Court on Protecting
Children from online pornography submitted a report on
30th January, 2002 with certain recommendations. The said
Committee was established in pursuance of a letter sent to
the Hon’ble the Chief Justice of the Bombay High Court
complaining about the proliferation of pornographic sites
on the Internet, which was treated as a suo motu writ
petition and at the intervention of the Internet Users
Association of India (IUAI). A Division Bench of the Court
appointed the said Committee to suggest and recommend
ways, measures and means to protect minors from access
to pornographic and obscene material on the Internet.
Ultimately it was suggested that the suggestions were made
on two broad categories viz. Regulatory and Educational.
The latter one deals with the increasing awareness among
Internet users. As regards Regulatory, it was felt that it was
inherently impossible or impractical to evolve a common
set of regulations governing all classes of service providers.
However, ultimately, it was suggested that
a) Blocking of sites;
242
b) Preventing minors from accessing unsuitable material
from Cyber Cafes,
c) Preventing the publication or propagation of
pornography from Cyber Cafes;
Under Section 67 of the IT Act, publishing of
information, which is obscene, in electronic form has been
made an offence. For any such publication, the punishment
provided for is on first conviction with imprisonment of
either description for a term which may extend to five years
and with fine which may extend to one lakh rupees and in
the event of a second or subsequent conviction with
imprisonment of either description for a term which may
extend to ten years and also with fine which may extend to
two lakh rupees. It is curious to note that the parameters as
provided for under Section 67 of the IT Act run on the
same lines as that of Section 292 of the IPC which deals
with sale of obscene books. Similar such acts are also made
offences under the provisions of indecent Representation of
Women’s Act, 1986 and Young Persons (Harmful
Publication) Act, 1950. It is to be noticed that even persons
dealing in Cyber Pornography that is accessible to persons
under the age of twenty years are also liable to be prosecuted
under Section 293 of the I.P.C.
Cyber Stalking/Harassment :
This offence involves harassing and threatening
behaviour which an individual engages in repeatedly, such
as following a person, appearing at a person’s home or place
of business, making harassing phone calls, leaving written
messages or objects or vandalizing a person’s property.
Through the electronic medium such as Internet, in an
unsolicited fashion in contra to the normal form of stalking
where physical contact is involved, the same is absent. By
way of stalking the offenders made use of the communication
access to personal information on anonymity. There is a
distinction between offline and online cyber stalking. In
specific, in online cyber stalking, the cyber stalker can be
geographically located anywhere. In few instances, the cyber
stalker does not even directly harass his victim, instead, he
would post such comments on a common discussion board
that would prompt the other users to send messages to the
victim under a misconceived notion. Though such acts can
fall well within the mischief of Section 503 of the IPC which
provides for the commission of criminal intimidation. The
cyber stalking is a criminal intimidation with the help of
computers. The anonymity over the internet gives the
offender a suitable shield to commit the offence without
being easily detected. Yet, it is the same criminal intimidation
as provided for under Section 503 of the IPC.(courtesy
B.P.Rao J)
Platinum Platform
 Theories of punishment,
There are five theories of punishments.
(a) Deterrent Theory:- A jurist by name Salmond
says “punishment” is before all things deterrent and chief
end of the law of crimes to make the evil doer an example
and warning to all that is like minded with him”.
Another jurist (Locke) stated that every offence
should be made “a bad bargain for the offender”. According
to this theory the object of punishment is not only to prevent
the wrong doer from doing a wrong a second time and also
making him a example to other persons who have criminal
tendencies. The aim of punishment is not revenge but terror.
According to some jurists as exemplary punishment should
be given to the wrong doer so that others may learn a lesson
form him.
The view of Manu was that “penalty keeps the
people under control, penalty protects them, penalty remains
awake when people are asleep. So the wise have regarded
punishment (Danda) as source of righteousness.
This theory is not without criticism. It is pointed
out that with the increase in the severity of punishment,
crimes have also increased. The excessive harshness of
punishment tends to repeat its own purpose by arousing
the sympathy of the public against cruel punishment.
Another jurist writes that “the more cruel
punishments become, the more human minds hardened
adjusting themselves, like fluids to the level of objects around
them.
(b) Preventive Theory:- The offenders are disabled
from repeating the offences by such punishments as
imprisonment, death, fine etc. The preventive theory
concentrates on the petitioner but seeks to prevent him from
offending again in future. An example of preventive theory
is cancellation of the driving license of a person. As he has
no license, he is prevented from driving.
Reformative Theory:- Even if an offender commits
a crime he does not cease to be a human being. The object
of punishment should be to bring about the moral reform
of the offender. By a sympathetic and loving treatment of
the offenders revolutionary change may be brought about
in their characters. This is more so in the case of juvenile
offenders. The oldest legislation in India was the Reformative
School Act, 1890. it was extensively amended and finally it
took the shape of Juvenile Justice (care and protection of
children) Act 56 of 2000.
The Probation of Offenders Act, 1948 has been
passed with a similar objective in view. The Act is a miles
stone in the progress of the modern liberal trend of reform
in the field of penology. It is the result of the recognition of
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the doctrine that the object of criminal law is more to reform
the individual offenders than to punish. It is a piece of social
legislation which is meant to reform juvenile offenders and
to prevent them from becoming hardened criminals (Moosa
Khan Vs State of Maharashtra AIR 1976 SC 2566)
Retributive Theory:- This aspect was recognized
in ancient penology. This kind of punishment was in vogue
in the primitive society. The person wronged was allowed
to have his revenge against the wrong doer. This theory of
punishment has now become obsolete.
The fundamental rights of a citizens are available
even to the offender so far as they deal with his person and
comfort. If a death sentence is awarded to a murderer the
question would arise what kind of death he deserves. In
India, hanging by neck till he is dead is the mode of carrying
out the punishment. Whether hanging causes any pain is
the question that arises. In some countries the execution is
done by making the accused sit on an electric chair or by
poisonous gas inhalement..
Section 354(5) Cr.PC which prescribes hanging the
convict by rope whether violates Article 21 of the Indian
constitution, arose in a case in SC (Dheena Vs union of
India AIR 1983 SC 1155)
The Bench of the SC considered various aspects
and observed that the law is a dynamic science; the social
utility of which consists is its ability to keep abreast of the
emerging trend in social and scientific advance and its
willingness to readjust its postulates in order to accommodate
those trends. Life is not static. The purpose of law is to serve
the needs of life; therefore the law cannot be static. After
considering various scientific and other material the SC came
to the conclusion that the death sentence or method of
executing that sentence by hanging is not violative of Article
21 on the ground that death sentence is barbarous or method
of hanging is cruel / inhuman or degrading.
“Guruji“is an embodiment of holiness. His presence
purifies the atmosphere, his voice when heard purifies the
ears of the listener, the whole being gets purified when he
blesses the devotee, nothing but divinity pervades the vicinity
of him, but how many times his profile is published in news
papers. In contrast the criminals who commit diabolical acts
of terrorism are prominently displayed in the news papers
with their photographs. It needs drastic change of attitude
in journalists to create awareness of good things in life. Every
period in history has witnessed the presence of vices like
‘women, wager and wine’ and it is difficult to erase them
from the minds of the people, but an attempt can be made
by highlighting the profiles of rarefied icons like Guruji,
Mahatma Gandhi, Vinobha Bhave, Medaha Patkar,etc who
have devoted their life for noble causes.
*****
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 Towards a People Friendly Policing – Recruitment
Procedures & Training
Introduction:
The topic given to me for this seminar in itself
suggests that policing is not people friendly and, therefore,
there is a need to make it so. The reasons for a negative
image are not far to seek. The image which the word “police”
evokes is one of fear and their behavior is largely seen as
being brutish, corrupt, untrustworthy and coercive. Far
from being seen as protectors of the people, they are seen as
oppressors.
Nobody is born as a police officer, but they become
one. When someone becomes a police officer, it is expected
that he will not behave in the manner he likes to behave,
but in the way he is expected to behave. Why then does he
behave in an unbecoming way?
Even before a person joins the police department, he
forms ideas and concepts about a police job. Many see the
uniform as being attractive or the role as being glamorous.
The authority and power which police have may be enviable.
All these lead to the formation of ego-concepts in one who
joins the police service and conditions his behaviour.
Coupled with his own ideas and feelings about who he is,
his behaviour may end up being unacceptable to society at
large. Perverted ego-concepts are almost always a learned
response. He sees such misuse of authority being employed
by his colleagues and concludes that the sub-culture existing
in the police approves of these practices or does not take
serious not of it, even though the dominant culture in society
frowns at such malpractices.
Now let us look at it from the other side. In a
public opinion survey about people’s behaviour towards
the police, 22.19% said that people were not cooperating
with the police, 36.08% opined that people have an attitude
of avoiding the police or what is called bystander apathy,
13.27% said that people hated the police etc. (Source: B P
R & D) : Some of the reasons for such behaviour :-
1) People in general are conditioned to fear the police.
Parents coerce children by saying that they would call
the police if the child does not obey.
2) There is constant and prominent negative reporting about
the police, whether true or otherwise, while events
which can show the police in good light are either
ignored or relegated to insignificance. 3) People avoid
*Director General of Police & Chairman, APSPHC, Govt of Andhra Pradesh
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- K R Nandan, IPS*
getting involved with police due to cumbersome legal
procedures. 4) Police malpractices.
At the same time, people also recognise that :
1) there can be no public peace and order without the
police.
2) the police can prevent crimes and control criminal
tendencies among people
3) there can be no substitute for police services, which
are essential for happiness and welfare in society
It is, therefore, necessary to evolve a system in which
the concerns of the State and the needs of the people are
both fulfilled. Ideally, police and people should be working
in harmony to achieve common aims and objectives but in
reality they are mostly working in isolation and are almost
adversarial. Distrust and fear of police disempowers the
citizens while at the same time making it difficult for the
police to function effectively due to lack of public
cooperation. In order to remedy this situation, both citizens
and police need to have the right values i.e. citizenship values
and service values respectively to ensure best interest of
the community. This is possible when ideally, there are
shared values in the community. However, regardless of the
quality of citizenship values, police leaders must evolve
systems and procedures based on the right service values.
Towards this end, this paper seeks to briefly touch upon
how recruitment procedures and training can contribute
to better police services, leading to people friendly policing.
Importance of recruitment and training:
The successes of any organization in achieving its
objectives ultimately depends on the quality of personnel
who man it. This is more true of a manpower intensive
service organisation like the police, where the conditions of
service and requirements of the job are highly exacting and
demanding. Further, the law has invested the police with
enormous power and authority. Of all the public services,
the police alone can exercise direct coercive influence on
the citizen. Any misuse of power by even an individual
policeman can cause great damage to the image of the
organization. The recruitment and training policies must,
therefore, produce men having not merely physical fitness,
courage and alertness, but also the ability to act in a
responsible and sensitive manner.
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 Considering the heavy responsibilities involved,
requiring both physical and psychological assets, effort has
to be made to secure the best available person,
temperamentally suited to police jobs and willing to
undergo the rigours it entails. Simultaneously, conditions
have to be created in which the desirable kind of people
would be willing to accept the profession. This is possible
only through an attractive salary, good promotional
avenues, professional and personal growth through career
planning, all of which contribute to job satisfaction and
the opportunity to serve with dignity. Assuming that such
attractive and favourable service conditions are indeed
available, we may examine some of the pertinent issues
relating to recruitment and training, so as to make the
police people friendly.
The 1902 Police Commission had summed up
the duties of the constabulary as being of a “mechanical
character”. The constabulary (i.e. Police constables to
Asst. Sub Inspectors) constitutes over 80% of the police
force. Today, they have moved far from the predominantly
mechanical role assigned by the 1902 Commission. The
National Police commission of 1979 has observed that the
constable now has to interact with the public in large
numbers in a variety of situations where he has to apply
his mind, exercise his judgment, use his powers of
persuasion and appeal and enforce the law with public
understanding and cooperation. It is the constabulary
who form the cutting edge of police administration and
face the public most. It is his behaviour and response which
create the first and foremost impact on the public mind.
Along with the Sub-Inspector, the constabulary constitutes
over 90% of the force and the police image is largely
determined by the staff who function at the police station
level. Any attempt at meaningful police reform has to
necessarily start at their level, since no restructuring of the
system will be practicable or enduring unless the mass
base of the system is rendered healthy and efficient.
Therefore, they cannot function as automatons, recruited,
trained and developed to perform duties of a mechanical
character”. Therefore, the constable has to be recruited
and trained as a potential investigation officer and as a
potential Station House Officer who can with experience,
handle various situations relating to crime as well as law
and order independently and rise to higher ranks, even
beyond Inspector of Police on the basis of his performance
at reach level. This would need some organizational
restructuring to ensure a promotional channel for the
constable and would act as a great incentive for them to do
well and earn plaudits so that legitimate career ambitions
are fulfilled.
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Recruitment procedures in A.P. Police:
Very often, constables are recruited not because
the candidate has an inherent love for the job.
Unemployment and under employment are major factors
which make individuals to join the service. There is another
type of candidate who enters service purely for monetary
gain. Both types of candidates become a liability for the
department. It is therefore essential to judge the aptitude of
the candidates before recruitment, apart from his fitness
and suitability. Finally, it would be relevant to recall the
observation of the Gore Committee on Police Training,
1972: “ The nature of the police role in a democracy
requires that the members should be selected impartially;
they should be administratively competent, politically
neutral and imbued with the spirit of service . A police
officer enjoys vast powers under the law and exercises wide
discretion. The recruitment procedures should, therefore
be so devised that they are free from political, personal or
corruptive influences. The need for objectivity in selection
cannot be over emphasized”. With this objective, the A.P
State Police Recruitment Board has devised recruitment
procedures to ensure that the whole process is absolutely
fair, transparent and beyond any extraneous influences.
A brief overview of the process is given below:
The first stage of process is the 5 Km/2.5 km run
which the candidate will have to complete within 25 minutes
to qualify for the next stage. The department is taking steps
like (a) Blocking the road during the period of the test; (b)
Deploying an officer of the rank of RSI/SI every 500 meters
along the route (c) Developing a mobile party to move along
the route continuously to ensure that the test is conducted
fairly.
The next stage is the physical measurements and
the physical efficiency test. Regarding the physical
measurements, it must be noted that even if, by mistake or
otherwise, a candidate who does not have the required
minimum measurements does get through this stage and if
such a candidate is finally selected, he will be measured
again before admitting him to the training institute; and his
selection will be cancelled even at that stage part from taking
action against the officer concerned who has originally
recorded the measurements wrongly.
For the Physical Efficiency Test, (PET) the
candidates will be grouped into batches of 6 candidates for
each batch. This batch will be taken by the escort officer
assigned to that batch from one event to the other i.e., 100
Mts. Run: Long jump; Shot put; High jump & 800 Mts.
Run. At each event, the Deputy Superintendent of Police
who will be conducting the events will, after completing
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the event for all the 6 candidates in the batch, announce
aloud in the presence of all the 6 candidates, the
performance of each one of them. If the performance is
wrongly announced, the candidate may immediately bring
it to the notice of the incharge officer for rectification.
Thereafter the incharge officer will enter the performance
figures in the register and all the 6 candidates will sign in
the register as token of their accepting the figures therein as
correct. At the end of all the 5 events, each candidate
will be given a sheet containing the candidate’s performance
in all the events and PET marks, along with the personal
particulars given in the application from.
The last stage of the selection process is the written
examination. The candidate can take back the question
booklet along with him. This is being done so that the
candidate can keep a record of the answers which he has
marked. Within 2 days of the written examination, the
correct answers to the question paper will be displayed on
the website ‘ www apstatepolice.org’.
The candidate can visit the site and with the question
booklet, he can compare and assess for himself the
correctness of the results.
At each stage of the process, the Chief
Superintendent who will be the SP/DCP/CP concerned,
will be personally available and wherever the candidate feels
the need to bring any problem or deviations from procedure
mentioned above to his notice, the candidate can do so
unhesitatingly and obtain clarification and where necessary,
rectification.
After the selection is finalized, the performance of
the provisionally selected candidates will be again rechecked
with the original records of the PET to ensure that they
tally. The list of the provisionally selected candidates will
also indicate the marks of these candidates as well as the
marks obtained by the last selected candidate under each
category which should give an idea where the candidate
himself stands in the merit. Question papers in the written
examinations for the various categories of posts test the
candidates not only in Telugu, English and General studies
but also their I.Q and aptitude. For the technical streams
such as communications and Motor Transport, technical
papers are set.
The entire process is computerized to the maximum
extent possible, including generation of the list of selected
candidates and through use of OMR formats. The fairness,
transparency and objectivity of the recruitment procedures
developed by the Police Recruitment Board in Andhra
Pradesh have been acknowledged in studies by institutes such
as the Indian Institute of Public Administration, New Delhi.
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Training:
The police forces were the first among the civil
services to think of systematic institutional training for its
personnel. The Police Training School at Vellore (Madras
Presidency) was established in 1859. By the first decade of
the twentieth century, training schools were established in
each of the provinces of the then British India. However,
the training did not keep sufficiently abreast of the changing
conditions, particulars after independence, and its
inadequacies got reflected in the criticism of the police for
not changing its functioning, attitude and behaviour towards
the public. Initially, police training was patterned on the
training given in military establishments, primarily because
the higher ranks in the police service were mostly filled by
officers taken form the then British Indian Army, who
naturally organized training on the model they knew best.
This was perhaps in order when a colonial power ruled the
country but is anachronistic in a democratic polity. The
Committee on Police Training, 1972, recommended that
the focus must be shifted from drill and regimentation to
the development of proper skills and attitudes.
“ The world is changing more quickly and
dramatically than any time in history. Police Officers
throughout the world face challenges without precedent.
Never in history has the policeman’s job been more difficult.
The days when you could take a man who was honest and
physically superior, hand him a stick, a gun and a badge and
make a good policeman out of him, are gone forever. The
future in law enforcement belongs to those who prepare for
it”. This preparation is, primarily, the job of training which
has been defined as “any learning that establishes a pattern
of behaviour in a work situation”. Training has also been
defined as “ learning to do” and is, therefore, directed
towards inculcating occupational knowledge and skills in
the employees which equip them to perform designated
functions and making them familiar with the objectives of
the department and their potential contribution in the
furtherance of the departments goals.
Fulfillment of goals requires a set of functions to
be performed. Each function can be broken down into
specific tasks, with each task requiring a given knowledge or
skill and a corresponding work process or a standard
operating procedure which the functionary executes. For
each task, standards or norms of performance, which ought
to be verifiable, have to be laid down for its proper execution.
In a democracy, citizen satisfaction ought to be the primary
concern of the service which police extends to the citizens.
Therefore, for each task, norms have to be evolved which
contribute to citizen satisfaction. Also, tasks and norms
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cannot be static. They have to evolve to suit changing
requirements. For example new crimes, such as cyber crimes
etc need new knowledge and skill sets leading to new work
processes and operating procedures.
In an organization, every employee should have a
job description. Every job consists of a number of distinct
functions. Breaking down a job into its component function
is called job analysis. The job of an Inspector of Police
consists of various functions such as Crime investigation,
maintenance of law and order, traffic managements,
inspections, intelligence and security, personnel management
etc. Breaking down a function into its component tasks is
called task analysis. The function of investigation consists
of different tasks such as (a) issuing a First Information
Report, (b) Collection of evidence such as finger prints
from the crime scene, (c) examination of witnesses, (d)
interrogation of suspects, (e) writing case diaries etc. Task
(a) requires knowledge of law. Task (b) requires knowledge
of forensic science. Tasks (c) and (d) require skills in
communication and human psychology, while task (e) calls
for skills in drafting and report writing. Common to all
these tasks are attitudinal requirements like service
orientation, perseverance and patience, etc. Thus, task
analysis gives data about the knowledge, skills and attitude
required to execute a given task and the operating procedure
needed to do it efficiently and effectively as per laid norms
and procedures. Simultaneously, task analysis also gives data
about the training needs which require to be fulfilled so as
to equip the employee with the knowledge and skills required
to enable him to comply correctly with various work process.
Only then can every member of the police department play
his part and contribute meaningfully towards a well directed,
goal-oriented, task and function-linked effort in order to
truly raise police performance standards leading to citizen
satisfaction.
Problems of police training:
Traditionally, proper attention had not been paid
to the laying down of clear-cut objectives for the training
courses organized for various levels of policemen. Training
programmes for the constabulary, sub-inspectors, and deputy
superintendents were basically the same, with some
variations. All these levels have had similar outdoor training
schedules and the variations were more of degree than of
kind. For example, constables were taught some sections
of law while sub-inspectors and above are taught law in
greater detail. Same was the case with other subjects such as
Forensic Science and Medicine, Police Administration,
Investigation etc. What was not taken into account is the
fact that the recruits at these three levels will not be required
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to perform similar duties and that their functions vary not
in degree only but that the kind of work each of these levels
does is quite distinct.
It is necessary, therefore, to teach the knowledge
and skills appropriate to that particular level. This is possible
only on the basis of a clear determination of training needs
based on task analysis. Unfortunately, except in the armed
forces, civilian departments in Government do not have
systematic and precise job descriptions, leading to job
analysis, task analysis and development of standard operating
procedures for each given task. As a result, there is no clarity
on training needs and training objectives, leading to the
situation outlined in the previous para.
If police is a profession, professionalism requires
that a policeman must have a professional background, much
as an engineer or a doctor enter their professions after
acquiring a professional qualification such as a B.E or an
M.B.B.S. The lack of background of a professional
education in the entrants to the police service is attempted
to be made up by police training. In this situation, it is
professional education which is masquerading as training
and consequently training, defined earlier as “learning to
DO” and as “any learning that establishes a PATTERN
OF BEHAVIOUR IN A WORK SITUATION” is being
relegated to the background. Thus, most of the training
activity belongs to the realm of education. Education is
meant for imparting knowledge and theoretical information
and performs a wider and more general role. Training, on
the other hand, is the process of developing practical skills,
work habits and attitudes in the employees for a task or job
and is thus more specific and has a narrower scope.
Can this situation be remedied by the introduction
of Police Science, consisting of subjects such as Criminology,
Forensics, basics of criminal law etc., as a subject on the
analogy of Military Science at an appropriate level in high
school or intermediate or even as a Graduate programme?
Or, can police schools be set up on the pattern of sainik
schools? These can then serve as feeder programmes for
those interested in choosing policing as a career and enter
the service with an appropriate professional educational
background. Already, the minimum educational level for
recruitment is intermediate for the constabulary and many
graduates and even some post graduates are entering at that
level. If such a professional qualification is prescribed, then
truly recruitment will complement training.
At present, however, police training is shouldering
the burden of professional education to the detriment of
training and has consequently acquired a generalist bias.
Necessary as they are, there is more stress on teaching law,
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criminology, forensics etc., and the syllabus is becoming more
academic and more often divorced from real needs in the
field. Training requires to be imparted a need based character
and structure. While devising a training programme,
whether induction or in-service, it is necessary to ask
ourselves as to what we expect of a policeman and then
formulate the training programme to fit in with that
expectation.
Training in A.P. Police : recent trends:
It is with the above ideas and concepts that the
A.P. Police embarked on giving a new orientation to
training. A summary of the measures introduced is given
below:
A. P. Police has played a pioneering role in human
resource optimization and development. Training has been
given a new orientation to change the face of police.
Generally the training has been trainer centric and
knowledge obsessed. Though the police training centers
are meant for inculcating professionalism, they were only
imparting bookish knowledge. The curriculum was like
that of any University; an examination pattern that is
dependent on memory and an outdoor training which was
hogging all the time and attention, leaving little scope for
developing competence and right attitudes.
A.P. Police have gone for a paradigm shift in their
approach to make A.P. Police people friendly. It was
recognized that any amount of knowledge does not make a
good policeman out of a policeman. He must also have a
service attitude and right intention. Extensive work has
been done on revising the curriculum. Most of the chapters
that had no application in the real field were pruned.
Monologous lectures were cut down and new teaching
methodologies such as role play, group discussions,
demonstrations, activity charts etc were introduced. The
emphasis on unnecessary tough physical regimen was
reduced. An expert in sports medicine was engaged and
outdoor contents were revamped. Changes in behavioural
patterns were given top priority.
Everything that set apart a policeman from a normal
human being including a bowl-cut hair style was dispensed
with. Physical punishment on the ground, collective
punishment to all the squads and bad-mouthing of the
trainees was shot down, because such handling is more likely
to produce sadists. Efforts were made for improving the
self-esteem of the trainees by giving a quality life and basic
facilities to all training institutions because a person who
gets good treatment also treats others well. A. P. Police
created a huge infrastructure by spending about Rs.160
Crores to give quality training and create gentlemanly living
conditions in training centers.
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Extracurricular activities like hobby clubs, cultural
programmes, sports events, lectures on subjects of varied
interest were arranged. Guest speakers from all walks of life
and from different social backgrounds were called to interact
with the trainees. Everyone was encouraged to read
newspapers and magazines to enhance their awareness.
Social interaction programme:
This is a very new concept which gives a hands
on experience to the trainees to serve as a social worker. In
this programme the trainees spend about 8 to 10 days
interacting with the villagers on social and developmental
issues in addition to police related issues. It was
acknowledged that the best way to befriend a community is
to talk about their problems. This programme was a roaring
success.
A 13-day District attachment sandwich programme
was introduced to expose them to realities of a policeman’s
life. Their queries and apprehensions were answered after
this attachment to districts.
Field visits to charity institutions, orphanages, old
age homes and missionary hospitals etc were arranged to
impact the sensibilities and the conscience of the trainees.
Every human being has a robust inner conscience. We have
to give some stimuli to activate it. Moral lessons and ethics
were imparted through different means like guest speakers,
films, slides etc.,
A full fledged paper on personality development
was included to hone interpersonal relationship and improve
their personality. They were imparted training in swimming,
computers, driving UAC and rules of various games to make
them a gentleman, to improve their self esteem and improve
their awareness of societal needs of people.
The faculty members are to act as a guide to the
trainees and impress upon them that the policeman has to
work like a social worker. The mission statement which
lays down the objectives of the training is:
1. Preparing a policeman to be the upholder of law and
the dignity of every individual
2. Inspiring him to serve humanity like a social worker
and protect it like a committed solder.
3. Inculcating human values, legal learning and police
skills.
With the above goals, a revamped training
programme was introduced in 2008/09. Its impact has
to be evaluated and basing on the feedback, it can be
improved upon.
****
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 Administration of Justice - A Retrospect
Introduction
Down the civilization, in all organized societies,
administration of justice was considered an important
function of the State. As aptly observed by Prof. Sidgwick,1
“In determining a nation’s rank in political civilization, no
test is more decisive than the degree in which justice as
defined by the law is actually realized in its judicial
administration’’.1 During the course of human civilization,
the system of administration of justice has crossed several
milestones, before it assumed its present form, in
consonance with the changing social order and principles
of justice governing the States.2 In the olden times, the
King was looked upon as a beholder of social and moral
order and for the purpose of maintaining Dharma, he was
endowed with the power of Danda i.e., punishment. The
duty of the King was to maintain and uphold the law.3
Apart from this, the two most essential functions of a State
were primarily considered to be : war and administration
of justice. According to Salmond, the administration of
justice implies the maintenance of right within a political
community by means of the physical force of the State.4
In the present paper, an attempt is made to
highlight the system of administration of justice from the
period of Kakatiyas to the present times, in particular, in
the context of the Warangal district, and maladies of the
system of administration of justice in general, particularly,
in the post-independent era.
Administration of Justice : A Historical View
The origin and growth of administration of justice
is identical with the origin and growth of man. The present
concept of administration of justice is based on the
fundamental principle of ‘Rule of Law’ i.e., the spirit of
predominance of rule by law rather than by man. In the
initial stages, administration of justice which was in vogue
in earliest societies, has permitted the self-enforcement of
the law, i.e., the method of self-redressal, by the aggrieved
party. Thus the principle of private vengeance was well
recognized. The second stage in the administration of justice
has started with the rise of political States. However, during
this stage, the State was not strong enough to regulate crime
*Asst. Professor of Law, UCL, Kakatiya University, Warangal.
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- Dr.Vijaya Chandra Tenneti*
and inflict punishment on the criminals. While the States,
at this stage have prescribed rules of the regulation of private
vengeance, they enforced the principle of ‘a tooth for a
tooth’, ‘an eye for eye’, so far as the dispensation of criminal
justice is concerned. With the growth of the power of the
State, the State began to act as a judge to assess liability and
impose penalty. It substituted public enquiry and
punishment for private vengeance.
There were numerous laws in the ancient times,
and each state had its own unique system of administration
of justice and modes of punishments. Many of these laws
were just an enhancement or an improvement upon the
existing social customs in the society. Crime and
punishment naturally were the focus of these early statues
or social traditions and customs.5 According to ancient
Indian Constitutional Law, (Rajadharma) , two of the most
important duties of the king or the state were to punish
the wrongdoers (Dustasya Dandam) and to protect and
honor the good people (Sujanasya Puja). The system of
criminal justice administration was conceived and
developed with admirable amplitude and magnitude . These
principles have very often been referred to, though not quite
accurately, as ‘Danda Neeti’, but this expression had also a
more comprehensive connotation to mean the principles
of governance of the kingdom or the State.6
Administration of Justice During the Reign of Kakatiyas :
In the eleventh century AD, Kakatiya rulers
appeared on the political stage of the Deccan. Kakatiyas,
began their political career as the subordinates of Chalukyas.
The glorious period of the Kakatiyas (1125 AD- 1323 AD)
has witnessed a sound socio-political development well
supported by a well guided legal system, based mainly on
Dharmashastras. Kakati represents a deity named Kakati
that is Durga. Inscriptions mention these rulers as
Kakatiuradheervaras. Kakatiya rulers were followers of Jain
faith in the early stage. Archeological remains of the ancient
town of Hanamkonda and Ekasila Nagar of Warangal Fort
have no traces left of Courts of justice of the Kakatiya
period. However, it should be noted that, there are no
authentic judicial records, which throw adequate light upon
the judicial functioning of the rulers in the matters of
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dispensation of justice, except a few inscriptions and
writings of a few scholars. In fact, dispensation of justice
by the courts of law constituted by the Kakatiya rulers
require deeper study and research to have a comprehensive
study of dispensation of justice in Andhra before the advent
of the Kakatiyas and during the period of their rule and
after the fall of the Kakatiya kingdom in the Deccan. Such
macro level study has yet to be undertaken to make a correct
and reasonable assessment of judicial administration of the
Kakatiya period.
During the Kakatiya period, the Raja was the final
dispenser of justice to the common public. He could consult
the Jury and scholars in his court, accept the verdict and
finally pass orders in cases brought before him for final
dispensation. ‘Raja mamathe dharmaha’ In matters of
justice the final word was that of the king as the
representative of God. Mundane civil suits, and criminal
cases were reviewed keeping ‘Manudharma Shastra’,
‘Sukraneeti’ and traditions in view. In the days of Kakatiya
rulers punishments for the criminals were very harsh. The
crimes consisted of thefts, murders, encroachments,
breaking of rule, by slaves and subordinates and servants
mostly belonging to shudra and lower orders of the society.
The Kakatiya rulers did not inherit a written
constitution by which the State could lay down principles
of governance. They had to totally depend upon Hindu
polity of Aryan origins. The law of the jungle prevailed in
tribal society – eye for the eye, and death penalty used to
be imposed to the murderers. Thieves were punished cruelly
. Cutting ears, blinding , cutting the tongue, torturing,
amputating hands, fingers, arms and legs- ordeals by fire,
birching, chasseing sending to gallows, severing the head,
and body parts removing genitals, cutting off breasts etc.,
were some of the direct punishments, for criminals and
slaves. Confinement of prisoners in under ground cells or
putting the criminals in solitary confinement under
inhuman conditions were prevalent. Crimes were controlled
by the fear of cruel punishments. Pardon was rare but
punishment was certain if caught indulging in crimes.
Travellers were under risk and no safety was guaranteed on
the high ways. Police force was responsible for maintaining
law and order and for leading processions or curbing acts
of violence. There were the duties of Talavies at the town
and city level.
A deterrent police force and quick dispensation of
justice was possible at the village head level, panchayat level
and Dharmasanas where the Darma Nivertos were the jury
who guided the officers on duty. In small cause’s courts
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gave quick dispensation of justice. Where intricate criminal
or civil cases were involved the Nyayasthana or court
constituted by the authority took the help of the jury in
settling the case and imposing punishments. Where justice
demanded higher interference the matters were referred to
the court of the Raja. Trial procedures were followed and
the ruler consulted Aamatyas, Mantrigans, Purohitas-
Pundits, Priests and heads of the guilds approved and
constituted for the dispensation of justice.
It is pertinent to note that, during the reign of
Kakatiyas, judicial procedure had little place in early works,
i.e., Dharmashsastras. Earlier works treated procedural law
merely as a part of substantive law. The usages and practices
occupied an important place in the administration of penal
justice in the King’s court9. This practice, however, gave
scope for uncertainty and ambiguity in law, as there was
no specific and well defined common principles or code
governing a situation arising in a particular case. Yet another
outstanding feature of courts during the reign of Kakatiyas
was the presence and importance of the Sabhyas, or assessors
learned in law, who were either appointed to help the King,
or those who volunteered their opinions in courts,
supported by the authority of texts of law. Imposition of
punishment of solitary confinement to criminals was one
of the inhuman practice followed by the rulers, which was
against the cannons of the basic human rights.
One of the outstanding feature of the
administration of justice during the Kakatiya rulers was
that, dispensation of justice was a quick process, involving
minimum paper work and least insistence on the
technicalities of law. It is pertinent to note that, the rulers
of Kakatiya have believed more in the deterrent and
preventive theory of punishments, rather than the
reformative approach in the matter of inflicting
punishments. Thus, the barbaric punishments like ‘an eye
for an eye’ etc., were imposed. This, obviously, was contrary
to the accepted cannons of the principles of criminology
and penology and above all, against the human rights
jurisprudence. It may also be observed that, there was no
uniform criminal law applied in a given case. This obviously
gave much room and scope for discrimination in the process
of administration of justice. The Kakatiya rulers have
encouraged and followed the informal methods of
settlement of disputes like settlement of disputes by the
village heads, village panchayats etc. It is significant to note
that, these methods of informal settlements, out side the
judicial process have been revived in the modern times, in
the form of Lok Adalaths, which aim at expeditious
settlement of disputes.
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 In conclusion it could be said that during the reign
of Kakatiyas, administration of justice was based on sound
principles of law and was well supported by a mechanism,
involving scholars to aid and advice the rulers or officers
of justice.
Administration of Justice under the Reign of Nizams of
Hyderabad :
It is significant to note that, during the reign of
Nizams, the judicial system was different from that of the
rest of the country. Infact, it was quite akin to that of the
judicial system as obtained in the Hyderabad Samsthana.
As per the judicial system of those days, the lowest court of
justice in the district was called ‘Nizamath Adalath’. When
the Nizamath Adalath tried the criminal cases, it used to
be called as ‘Adalath Nizamath Fauzwari’, while deciding
the civil litigations, it used to be termed as ‘ Adalath-E-
Diwani’. Above these courts, there was District Sessions
Court, at the Subha level. This court has the jurisdiction
to deal with both criminal and the civil matters. Up to the
year 1862, above all these courts, there was no court
equalent to that of a High Court or at the highest level,
i.e., Samsthana, to hear the cases of appeals. In the year
1866, a special court under the nomenclature ‘Mahakuma
Murafha Azalwa’ was constituted to hear the cases of appeal
from the cases at the district level. Apart from this there
was also a Committee entitled, ‘ Mazlis-E- Murafa Sarrar’,
to entertain the appeals. In the year 1870, the status of this
committee was raised to that of a High Court, which was
vested with the jurisdiction to hear appeals from the districts
in both civil and criminal cases.
During the period of the Salarjang, it may be said
that, there were no systematic hierarchy of courts. The order
of the Nizam was taken as a law. His court used to be the
highest court. There were only nominal courts in the capital
city of Hyderabad. The cases used to be tried in the ‘Diwan
Darbar’ and the punishments were imposed accordingly.
In the matter of criminal cases, the king followed the Islam
criminal code, known as ‘ Shara’. In Hindu civil cases, the
king followed Hindu Dharma Shastra in settling the
disputes. By the year 1818 AD, a District judge was
appointed for each of the districts in the province of
Nizams. To resolve the petty disputes, small cause courts
were established under the jurisdiction of the district court,
which were known as ‘District Munsiff Courts’, Sadar Amin
Courts, the courts of village officers.7 However, during
the reign of Diwan Siraj- ul-Mulk, (1846-48), certain
judicial reforms of far reaching importance were
introduced, such as, separation of the civil and criminal
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powers, abolition of heinous punishments like, death
penalty, cutting of limbs, the practice of Sati etc.,
The Nizams of Hyderabad, who ruled after the
fall of Qutbshahis, have almost followed the identical
principles in the administration of justice, like their
predecessors. However, there are two significant
contributions, made by the rulers of Nizams to the system
of administration of justice, which need a special mention.
Firstly, they could ultimately succeed in creating a hierarchy
of courts for dispensation of justice, to its logical ends.
And more than this, secondly, they have introduced far
reaching reforms in the matter of administration of criminal
justice system, wherein, the barbaric punishments like, an
‘eye for eye’ etc., were abolished.
In the post-independent era, there has been a sea
change in the system of administration of justice, in tune
with the constitutional spirit of rule of law. In the present
times, the law relating to the process of justice is well defined
and rules governing the dispensation of justice are well
established not only through the legislative interventions,
but also through the activist role played by the higher
judiciary. Thus, today, the Constitution of India has
provided for an ensured system of fair trail, the corollary
of which are 1. Presumption of innocence of an accused.
2. Full opportunity to be heard. 3. Right to be defended
4. Right against self-incrimination and so on. Apart from
this, the constitution of India has guaranteed certain
fundamental rights and safeguards to an accused, to ensure
a fair trail.
The concepts of Rule of law independence of the
judiciary and justice according to law have been firmly
established in the judicial system in India. That apart,
constant efforts have been made to improve the
administration of justice through changes in the working
of the subordinate courts, particularly, to eliminate delay
and minimize legal formalisms.
Administration of Justice : The Emerging Challenges
Administration of justice, which is a vital function
of the State, has, over the years, been much reformed and
witnessed several changes, from the ancient times to the
present. While initially the system has laid much focus on
‘Danda Neeti’, over the years, with the advent of democratic
polity, guided by the constitutional philosophy of ‘justice,
liberty and equality’, has adopted different course, laying
much emphasis on the jurisprudence of human rights and
therapeutic approach in dealing with the criminals. In
similar vein, several reforms have been made in the judicial
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process of settlement of civil disputes, to ensure stage of the trial are so cumbersome and time consuming
expeditious disposal. However, in spite of such changes, that the suitors at times begin to lose faith in the institution
there are still several challenges , that have been emerging of justice itself. The heavy arrears of cases pending in
in the process of dispensation of justice, which need to be different courts have further rendered the litigation process
addressed seriously, to make it more meaningful and a lengthy more cumbersome.
pragmatic. Some of the challenges before the State, so far
as the administration of justice is concerned deserves a The above challenges are, but only a few to be
special mention. taken note of , which call for undertaking immediate
remedial measures, to make administration of justice more
One of the cardinal principles of criminal justice realistic and serve the cause of the litigants in pursuit of
system, as obtained today, is that, ‘an accused person is justice.
presumed to be innocent, until the guilt is proved beyond
reasonable doubt’. Accordingly, our system of justice is In the ultimate analysis, it may be stated that though the
‘adversial’ in nature, wherein, the burden of proof in modern Indian judicial system suffers from certain lacunae,
criminal case is vested with the prosecution and a judge the legislators and the law reformers are constantly striving
has a minimal role to play in the trial of a case. to remove these shortcomings to make the preset justice
system effective, accessible and welfare oriented.
But the efficacy of our criminal justice system has
been seriously affected by excessive solicitude for and References :
overzealous pampering of the individual human rights, 1. Quoted in V.D. Mahajan, Jurisprudence and Legal
while in the ancient Indian society, as in the case of the Theory, (2001), p.128.
Kakatiyas etc., the criminal jurisprudence has all along,
placed the interest of the society, the community or the 2. A.S. Altekar, “State and Government in Ancient
State above the interest of an individual. The philosophy India, (1994), p.245.
of the ancient criminal jurisprudence was thus, based on 3. Pendse, S.N. Oaths and Ordeals in Dharmashastra
the maxim, ‘ necessity of the people in general shall prevail (1985), p. 5.
over private interest and the principle, ‘it is a matter of
4. See note 1 above.
public concern that wrongdoings are not left
unpunished’.10 5. A. Lakshminath, “ Criminal Justice in India:
Primitivism to Post-Modernism”, Journal of Indian
Apart from the above, there are several glaring Law Institute, (2006), p. 26.
lacunae in the existing system of administration of justice,
be it civil or criminal cases, which are ultimately responsible 6. A.M. Bhattacharjee, “ Human Rights and Criminal
for defeating the ends of justice. The most grave defect in Justice Administration”, The Indian Police Journal,
the existing judicial system of India is that it suffers from April-June, 2004, p. 17.
undue delay in disposal of cases which often results into 7. P.V.K. Prasad, Comprehensive History of Andhra
miscarriage of justice, because justice delayed is justice Pradesh, (1997)
denied. Further, the litigation in the Indian courts is a
costly affair. 8. Ramchandra Dixitaar, “ Hindu Administrative
Institutions”, pp.216-226.
In spite of such far reaching reforms in the system
9. Sengupta N.C. Evolution of Ancient Indian Law,
of administration of justice, the system is still not free from
p. 4.
infirmities. The present system of justice has several
inherent and inbuilt lacunae, which need to be addressed. 10. See note 6 above.
Some of the maladies of the system of dispensation of
justice which need to be paid special attention include ;
* * * * *
The highly complex and technical nature of the
court procedures are creating practical problems for the
litigants. The suitors being ignorant about the formalities
of the law and courts are often exploited by the ministerial
staff and the legal practitioners. These formalities at every

252 Platinum Platform

 Public Interest, Citizen Litigation and Justice
During pre-Independence days, no rights were
guaranteed and their was no rule of law or democracy, and
absolutely no question of justice. We can think of justice
only after 1947. But as we advanced into the Emergency
in 1975-77 rights crumbled again and neo-colonial rule
established. Thousands of innocent people and political
opponents were sent to jails and there was complete and
widespread deprivation of civil and political rights. There
is a palpable transformation within the courts after the
tyrannical Emergency rule. Some of the judges of the
Supreme Court openly disregarded the impediments of
Anglo-Saxon procedure to provide access to justice to the
poor. Mr. Justice V. R. Krishna Iyer and Mr Justice P. N.
Bhagwati recognised the possibility of providing access to
justice to the poor and the exploited people by relaxing the
rules of standing. After dark days of Emergency the political
situations had changed, investigative journalism began to
expose gory scenes of governmental lawlessness, repression,
custodial violence, drawing attention of lawyers, judges,
and social activists. That is how the responsible journalists,
responsive judges and active citizenry together produced a
new concept called Public Interest Litigation breaking the
‘formal’ rules to some extent.
Black dictionary defines it thus : “Public Interest
Litigation means a legal action initiated in a court of law
for the enforcement of public interest or general interest in
which the public or class of the community have pecuniary
interest or some interest by which their legal rights or
liabilities are affected.”
Public Interest :
It is a paradox that most of the public are not
interested in ‘public interest’. Private and self interests are
dominating the lives of men (including women) generally.
Mostly they are interested in what is not in their interest.
Public interest is not what they are interested in but what
advances their personal interests.
Public interest as a criterion, objective and ultimate
goal, should govern the administration and administration
of justice. Politician is critically defined as a person who
*Professor, NALSAR, Hyderabad.
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- Dr. Madabhushi Sridhar*
thinks of the next election and the statesman the next
generation. Do we have statesman now? If these politicians
are at the helm of affairs of a nation, the future of rights
and justice is doubted. When the administration does not
perform its duties and breach the objectives of rule of law
resulting in violation of rights, the affected are compelled
to move the courts of justice.
‘The Courts of justice…’ it sounds well to hear
that we have some centers where we can get justice. It was
originally called so. Later the name changed to ‘courts of
evidence’. Now we know that all of us call them ‘courts of
law’. What a progress!
One of the ‘stringent procedural rule’ named ‘locus
standi’ says that only an aggrieved person should knock
the doors of justice. Nothing is wrong in this principle.
But in India, where people do not know that they have
some rights and those rights are being eaten away by others
who are politically powerful, rich, dishonest etc., how can
they go to courts? Most of the crimes are unreported and
most of the people reconcile thinking that it was their fate
or bad luck that they suffered. In many other cases, victims
are not there to report or fight for justice. Who will fight
for them?
If a victim is helpless, it is his next friend or active
citizen or a civil society, which responds to civic problems,
or a socially responsible lawyer, who need to seek justice
for those helpless. That is why the judicial activism is
basically considered citizen activism.
Justice P. N. Bhagwati in .S. P. Gupta v. Union of
India, 1981 (Supp) SCC 87, explained the concept of PIL
as follows,
Where a legal wrong or a legal injury is caused to a
person or to a determinate class of persons by
reason of violation of any constitutional or legal
right or any burden is imposed in contravention
of any constitutional or legal provision or without
authority of law or any such legal wrong or legal
injury or illegal burden is threatened and such
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 person or determinate class of persons by reasons
of poverty, helplessness or disability or socially or
economically disadvantaged position unable to
approach the court for relief, any member of
public can maintain an application for an
appropriate direction, order or writ in the High
Court under Article 226 and in case any breach
of fundamental rights of such persons or
determinate class of persons, in this court under
Article 32 seeking judicial redress for the legal
wrong or legal injury caused to such person or
determinate class of persons.
Articles 32 and 226 added a unique feature to
Indian constitution, ensuring another fundamental right
to the enforceability of fundamental rights. No other
constitution has a right to enforcement, though it is
implied. One can straight away go to High Court or
Supreme Court to seek remedy when his fundamental right
is breached. Going to the highest courts is difficult and
impossible for the poor. But providing for it facilitated
anyone who could afford to go by themselves or someone
on their behalf is significant. Affordability or lack of it
should not be the reason for the existence of lack of a
fundamental right.
The rule of locus standi has been relaxed and a
person acting bonafide and having sufficient interest in
the proceeding of Public Interest Litigation will alone have
a locus standi and can approach the court to wipe out
violation of fundamental rights and genuine infraction of
statutory provisions, but not for personal gain or private
profit or political motive or any oblique consideration
(Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC
349).
Let us take some examples: A socially conscious
writer and journalist, Pinky Virani, brought to the notice
of Supreme Court (on 16th December 2009) the vegetative
state of Aruna Shanbaug, a young nurse in Mumbai, who
was paralyzed and declared ‘brain-dead’ after a brutal sexual
assault by a sweeper in 1973. "The public spirited petition
by Virani says: The continued vegetative existence of Aruna
is a violation of her right to live with dignity. In other
words, she has a right to not be in this kind of sub-human
condition. She is not able to talk, hear or see anything…
she is like a vegetable, totally devoid of any element of
human life. Ms Shanbaug’s parents died many years ago
and none of her sisters or brothers or any other relative
has ever bothered to visit her, enquire about her or to take
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care of her in the past 36 years. She pleads to direct the
hospital authorities to not to continue to stuff mashed
food into her mouth, which amounts to violation of her
‘dignity’ and allow her to end the vegetative life which is
worse than the death". By knocking the doors of apex
court, Pinky Virani activated judicial machinery for justice.
The issue of euthanasia, which is not right to die, would
come up for purposeful analysis with this public spirited
petition.
The PIL has totally transformed the process of
justice at least in some fields, with these new characteristics:
1) By creating a new regime of human rights -
the right to speedy trial, free legal aid, dignity,
means and livelihood, education, housing,
medical care, clean environment, right
against torture, sexual harassment, solitary
confinement, bondage and servitude,
exploitation and so on emerge as human
rights
2) By democratization of access to justice
3) By fashioning new kinds of relief
4) By judicial monitoring of State institutions
5) By devising new techniques of fact-finding.
With these new aspects the nature of PIL is
explained as (a) Remedial in nature (b) Representative
Standing, (c) Citizen standing, and (d) Non-adversarial
Litigation, (e) Relaxation of strict rule of Locus Standi,
(f ) Epistolary jurisdiction: It is also called epistolary
jurisprudence because the courts are accepting the post
cards or letters as petitions and responding.
The PIL involves 1. Collaborative litigation; and
2. Investigative Litigation.
(i) Ombudsman- The court receives citizen
complaints and brings the most important
ones to the attention of responsible
government officials.
(ii) Forum – The court provides a forum or place
to discuss the public issues at length and laso
emergency relief through interim orders.
(iii) Mediator – The court comes up with
possible compromises.
Media activism and Judicial Activism :
If we keep aside the irresponsible reporting and
sensationalism of media for a while, we can safely look
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into some of its positive contributions in seeking justice
for the needy. Constructive role of media in judicial activism
is proved beyond doubt. The Judicial Activism through
PIL basing on the letters of public spirited persons, and
rights sensitive news reporters is the new phenomenon in
the last two decades. The intellectual and active civil society,
the fifth estate and the responsible media, the fourth estate,
could move the Judiciary to activate the Executive to protect
the fundamental rights guaranteed by the Constitution of
India. When letters disclosing violation of rights reach, the
higher courts, than take note of and send notices to
authorities then, it is called epistolary jurisprudence.
Hurried reporting of news of brazen violation of human
rights at the hands of authorities also alerted and activated
the judiciary leading to writs and directions to the executive.
This may be called “journalistic jurisprudence”. It is the
vibrant media or responsible citizen who wakes up the lazy
governments from their slumber. But of late, the democratic
governing institutions developed thick skin and pretended
sleep by blinking a blind eye at such reports. Stunning
seriousness of the news report many a time moved the courts
to come to the rescue of the hapless citizen. Another possible
way was that if the courts miss out the ‘news article’, active
citizens might send clipping with covering note, attracting
the attention of the judiciary.
Whether it is blinding of prisoners in Bhagalpur,
or issues of child labour in glass factories, or accidental
deaths of children in Sivakasi cracker making units, or
selling of a woman in streets, it was media which brought
the issue to the notice of the judiciary. The case of Anil
Yadav v. State of Bihar, AIR 1982 SC 1008, exposed the
brutalities of the Police, when a news paper report revealed
that about 33 suspected criminals were blinded by the police
in Bihar by pouring the acid into their eyes. Through
interim orders S. C. directed the State government to bring
the blinded men to Delhi for medical treatment. It also
ordered speedy prosecution of the guilty policemen. (A
movie ‘Gangaajal’ was made to explain the gory deeds of
those criminals linked with political bosses which evoked
sympathy for the police men who were compelled to inflict
extra judicial punishments as they were escaping the long
arm of law through deficiencies and dishonesty). The court
also read right to free legal aid as a fundamental right of
every accused. Anil Yadav signaled the growth of social
activism and investigative litigation. If the court depends
on the investigation of the newspapers, or its officers such
as Registrar or Magistrate, it is investigative litigation.
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Indian Express reporter purchased a woman called
Kamala in open trafficking market, where she was sold for
two or more times and based on this incident he reported
about the Trafficking Mafia. It created a lot of sensation,
provoked public spirited citizen to write to Supreme Court,
while artists made a drama and cinema out of it. While the
writers litigated for copyright, Kamala disappeared and
courts were helpless. (Indian Express v Jagmohan AIR 1985
Bom 229)
When the political situations had changed,
investigative journalism also began to expose gory scenes
of governmental lawlessness, repression, custodial violence,
drawing attention of lawyers, judges, and social activists.
DK Basu, a jurist in Kolkata wrote to Supreme Court based
on news reports, and that led to demarcating the rights of
the arrested persons and duties of arresting officers. In
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360,
the PIL was filed by an advocate on the basis of the news
item published in the Indian Express, highlighting the
plight of thousands of under-trial prisoners languishing in
various jails in Bihar. These proceedings led to the release
of more than 40, 000 under-trial prisoners. The sexual
harassment of women at workplace was recognized by
Supreme Court as a new violation of right to life in Visakha
(AIR 1997 SC 3014) a case based on a news report.
A social worker, journalist and writer Sheela Barse,
pleaded the Supreme Court to direct the Government to
secure the freedom to the 1400 children under age of 16
years in Jails of 18 states and 3 Union territories. In response
to these articles the Union Government had to come out
with a law for protecting children. [See Sheela Barse v Union
of India, 1986 (2) Scale 1 (1)]. Pursuant to the filing of
the petition, 25 notices were issued to respondent states.
The Supreme Court expanded the scope to the entire
juvenile justice system. Based on other significant news
reports in Indian Express three Writ Petitions were filed
against the State of UP seeking relief for juvenile under-
trial prisoners in the Kanpur Central Jail. Though there
was a children’s home in Kanpur, more than a 100 children
were lodged in the Kanpur Central Jail where they were
being sexually exploited by the adult prisoners. According
to the news report, it was found that young boys, between
the ages of 10-14 years were being supplied to convicts for
their delectation. Thanks to the article published in the
Indian Express, six children were released and one child
was transferred to the Children’s Home [Munna v State of
UP (1982) 1 SCC 545]. These are some of the cases where
the investigative news reports made the judiciary to move
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and do justice by issuing appropriate directions to the
respective authorities. PIL is a boon for the common man
and tool for the media, if properly used.
It is true that media sometimes misreport the
judicial proceedings as they do not fully understand the
orders or judgments or report the remarks of the judges,
and Media also is prone to sensationalize or scandalize the
court. Such an activity is considered as destructive or
negative which could hamper the positive judicial activism.
But critical comment on the functioning of administration
of justice and quality of justice rendered should be
considered as ‘constructive and positive’. Active and socially
dynamic citizen or an NGO or members of Media, thus
can significantly extend constructive support for human
rights.
Activating the Trial and Retrial by Media :
Courts of justice conduct trial in public that is in
open. That is the quality and characteristic of judicial
functioning. People can sit and watch how a judge is
judging, which is not available for the citizen with reference
to other functionary. But in practice only a few who are
interested in the trial sit in court and others do not bother.
When serious injustice results or a criminal goes
unpunished, media notices it and runs a campaign. Jessica
Lal, Priyadarshini Mattu murders in Delhi involving very
important persons are examples on hand where the media’s
campaign compelled the re-investigation and re-
prosecution of the accused. Let us examine a recent case
where media conducted sting operation and exposed what
exactly happening behind curtain, and how the court took
notice of it to do justice.
Dreadful Drunken Driving and Corruption
Last year judgment of the Supreme Court (on 29th
July 2009 in RK Anand vs. Registrar of Delhi High Court)
upheld the sting operation exposing the criminal-
prosecution nexus and involvement of senior Advocates
in the destruction of justice. For the first time in the history
of media and judiciary, an analytical judicial
pronouncement is made supporting the genuine,
transparent and public interest media ‘trial’. Respect for
‘justice’ is resurrected with this significant judgment of
the apex court in BMW hit and run case. Drunken driving
of Sanjeev Nanda, son of an arms dealer crushed six lives
in Delhi a decade ago, and the rich and high profile accused
also attempted to crush justice, which was brought to light
by a sting operation of NDTV. The ‘media trial’ judgment
came as moral boost to constructive sting operations, of
256
course with some cautions and limitations. While
appreciating the Tv channel’s exposure of a renowned
criminal lawyer’s crime of bribing witness, the apex court
declined to ‘regulate’ media in the interest of autonomous
judiciary and free media. One hundred page judgment
by Agrawal, G S Singhvi and Aftab Ali is an essay on media
trial analyzing both good and bad of sting operations.
Delayed and complex trial of this high profile
crime attracted media to use hidden camera. Explaining
the backdrop of NDTV sting and role of media in BMW
trial, the Supreme Court said that the trial was meandering
endlessly even after eight years and not satisfactorily. The
status of the main accused coupled with the flip flop of
the prosecution witnesses evoked considerable media
attention and public interest. To the people who watch
TV and read newspapers it was yet another case that was
destined to end up in a fiasco. NDTV has telecast a
program on May 30, 2007 showing Sunil Kulkarni (key
witness to BMW crushing crime) with IU Khan, (Special
Public Prosecutor) and RK Anand, (Senior Defence
lawyer) negotiating for his sell out in favour of the defence
for a very high price. Earlier Kulkarni was dropped by the
prosecution but summoned after the telecast. TV channel
claimed before court that telecast was based on a
clandestine operation by concealed camera with Kulkarni
acting as the mole. The court said: What appeared in the
telecast was outrageous and tended to confirm the cynical
but widely held belief that in this country the rich and the
mighty enjoyed some kind of corrupt and extra-
constitutional immunity that put them beyond the reach
of the criminal justice system. The Apex court termed this
‘sting’ as opening of another chapter in trial. The NDTV
has sufficiently documented the entire episode, which is
essential to nail criminals. Their half-an-hour program on
delay in trial has inspired witness Kulkarni to work with
TV channel to expose prosecution-defence nexus. Reporter
Pooja Agarwal used him as decoy. Before sending to talk
to lawyers Kulkarni was wired with hidden camera. First
microchip was formatted after taking back up copy. This
created a legal problem as formatted or edited copy loses
its ‘originality’ status and also value as evidence. In all media
channel had four rounds of sting confirming the ‘nexus’.
Poonam took care that decoy was in her sight and she was
out of their sight. Channel used four (out of five)
microchips unaltered. After the operation, another
program was telecast where Kulkarni explained how they
recorded criminal-prosecution ‘nexus’. The court recorded
its appreciation for 30 minute program after series of stings
as ‘brilliant’ from journalistic point of view and said it
Platinum Platform
was fully satisfied in regard to the integrity and authenticity
of the recordings made in the sting operations….the
recordings of the sting operations were true and pure and
those were not fake, fabricated, doctored or morphed.
Though Kulkarni withdrew his consent for telecast, the
channel obtained legal opinion and went ahead with
exposure. Program included comments from tainted
lawyers Anand and Khan. The trial court judge saw the
program and officially collected from the Managing
Director of TV channel the entire unedited original record
of the sting operation with names of staff involved. Furious
over exposure, lawyer Anand sent a legal notice threatening
to sue for Rs. 50 crore for defamation if further telecasts
were not stopped. After a strong reply from NDTV the
criminal lawyer was silent. Thus the record of ‘media trial’
reached the ‘judicial trial’. On court’s direction the channel
and reporter Poonam filed detailed affidavits. It was stated
that channel facilitated what Kulkarni conceived and
executed. Then counsels of two accused lawyers pleaded
that TV channel was guilty of interference in court’s process.
Rejecting it, court charged the lawyers for contempt of court
saying: “…we are, prima facie, satisfied that advocates R.K.
Anand, I. U. Khan, Sri Bhagwan, Advocate and Mr. Lovely
have willfully and deliberately tried to interfere with the
due course of judicial proceedings and administration of
justice by the courts. Prima facie their acts and conduct
were intended to subvert the administration of justice in
the pending trial and in particular influence the outcome
of the pending judicial proceedings”.
There was yet another telecast in December 2007
by NDTV showing nexus between witness Kulkarni and
lawyer Anand as past friends and exposed criminal record
of Kulkarni. When the proceedings reached Delhi High
Court, Anand defending him in person sought the Court
to control the mass media in reporting court matters,
especially live cases pending adjudication before the court.
He raised age-old argument against media trial that media
reports would mould public opinion and tend to goad the
court to take a certain view that may not be correct. He
wanted Court to lay down the law and guidelines in respect
of stings or undercover operations by media. Court rejected
all these arguments and saw five microchips before
convicting the advocates for contempt.
The media sting reached the second stage of trial,
i.e, appeal in Delhi High Court. It was a real triumph for
media trial at this stage also, perhaps for the first time in
the history freedom of press in India. Never before the
media’s trial reached ‘trial court’, High Court and also the
Platinum Platform
apex court as happened in BMW case. The Supreme Court
framed an issue on the role of NDTV along with issue of
‘declining standards of legal profession’, the subject matter
of sting. It considered the directionless trial of BMW case
as root cause of all this fiasco. The SC examined entire
conversation between Anand and Kulkarni. Though Anand
raised technical questions objecting genuineness of the
microchip recordings, Supreme Court specifically pointed
out that Anand never denied the genuineness of sting. It
went into details of conversation and found corroborations
in their subsequent statements. Another lawyer Khan
questioned formatting of one microchip, which raised
doubts on credibility of content. Though the court agreed
that there were noticeable lapses which Channel should
have avoided, it found that only first chip was formatted
and that too did not refer to significant change in position.
Counsel for prosecutor Khan questioned the
propriety of the stings and the repeat telecast of the sting
program concerning a pending trial involving a court
witness. He suggested that before taking up the sting
operations, fraught with highly sinister implications, the
TV channel should have informed the trial court and
obtained its permission. He also said that in our system
there was no place for trial by media as that was sub judice
(under consideration of judiciary).
The apex court has respectfully distanced itself
from interfering with expression autonomy of media by
rejecting the plea to lay down guidelines for sting operation.
The Supreme Court did not agree with the contention that
media could not proceed with sting without prior
permission from the court. It rightly said: Such a course
would not be an exercise in journalism but in that case the
media would be acting as some sort of special vigilance
agency for the court. On little consideration the idea appears
to be quite repugnant both from the points of view of the
court and the media. It would be a sad day for the court to
employ the media for setting its own house in order; and
media too would certainly not relish the role of being the
snoopers for the court. Moreover, to insist that a report
concerning a pending trial may be published or a sting
operation concerning a trial may be done only subject to
the prior consent and permission of the court would
tantamount to precensorship of reporting of court
proceedings. And this would be plainly an infraction of the
media’s right of freedom of speech and expression guaranteed
under Article 19(1) of the Constitution. This is, however,
not to say that media is free to publish any kind of report
concerning a sub-judice matter or to do a sting on some
257
matter concerning a pending trial in any manner they
please. The legal parameter within which a report or
comment on a sub-judice matter can be made is well defined
and any action in breach of the legal bounds would invite
consequences. Compared to normal reporting, a sting
operation is an incalculably more risky and dangerous thing
to do. A sting is based on deception and, therefore, it would
attract the legal restrictions with far greater stringency and
any infraction would invite more severe punishment. This
is the heart of the judgment on topic of ‘free press and fair
trial’, to both of which people are entitled to.
Media Trial should not be a ‘Lynch Mob’ :
While answering the submissions of a senior lawyer
who appeared as amicus, the Supreme Court attempted to
explain what media trial was: “the impact of television
and newspaper coverage on a person’s reputation by creating
a widespread perception of guilt regardless of any verdict
in a court of law. During high publicity court cases, the
media are often accused of provoking an atmosphere of
public hysteria akin to a lynch mob which not only makes
a fair trial nearly impossible but means that, regardless of
the result of the trial, in public perception the accused is
already held guilty and would not be able to live the rest of
their life without intense public scrutiny.” Then the apex
court said that NDTV’s sting operation was not media
trial because there was nothing in the program to suggest
that the accused in the BMW case were guilty or innocent.
The program was not about the accused but it was mainly
about two lawyers representing the two sides and one of
the witnesses in the case.
Public Interest, the ‘Essence’
Upholding ‘public interest’ in NDTV sting the
court said: "Looking at the matter from a slightly different
angle we ask the simple question, what would have been in
greater public interest; to allow the attempt to suborn a
witness, with the object to undermine a criminal trial, lie
quietly behind the veil of secrecy or to bring out the mischief
in full public gaze? To our mind the answer is obvious.
The sting telecast by NDTV was indeed in larger public
interest and it served an important public cause".
But the judgment of apex court comes with a
caution. “If the ‘trial by media’ or ‘sting’ makes prejudicial
pre-judgment as to guilt or otherwise of accused, it could
definitely attract the provisions of Contempt of Court.
Another major constraint on stings and trials by media is
the public interest. If public interest is missing and self or
258
manipulative interests surface, the media loses its ground
and invites the wrath of the court”. The court observed:
“We have unequivocally upheld the basic legitimacy of the
stings and the sting program telecast by NDTV. But at the
same time we must also point out the deficiencies (or rather
the excesses) in the telecast. Another amicus spoke about
the ‘slant’ in the telecast as ‘regrettable overreach’. But we
find many instances in the program that cannot simply be
described as ‘slants’.” This means- the lapses, deficiencies
and the slants mar the ‘sting’. The court objected to certain
comments in opening remarks by anchor, which later
repeated, were either sans reason or not justified. Court
found that some information that was spoken was not given
in the script submitted to court. The court cited the fact
that there was no sufficient material to hold Khan also
guilty, while channel judged him guilty. After questioning
sensationalism, the court objected to stridency. It said the
channel accommodated negative tendency, passionate
comments and prejudicial remarks without containing any
constructive suggestions to improve the administration of
justice. The court also discovered an element of threat in
Pooja’s sting preparation. Pointing out a loose end, the court
said one sting talked about next meeting, which might have
happened but not reported or informed to court. Non-
sharing of entire information, or sharing only with such
information which would end in conviction was also
objected to.
At the end, the court appreciated the sting: “….
all its faults the stings and the telecast of the sting program
by NDTV rendered valuable service to the important public
cause to protect and salvage the purity of the course of
justice. We appreciate the professional initiative and courage
shown by the young reporter Poonam Agarwal and we are
impressed by the painstaking investigation undertaken by
NDTV to uncover the Shimla connection between
Kulkarni and RK Anand.
As rightly stated by the court, lapses and loose ends
in ‘sting’ listed in judgment would serve the TV channels
as do’s and don’ts, in knowing the duty to avoid them and
staunchly guard the public interest. The Supreme Court
bench was conscious that Indian electronic media was just
18 to 20 year old and that “like almost every other sphere
of human activity in the country the electronic news media
had a very broad spectrum ranging from very good to
unspeakably bad”. Commercial considerations, conflict of
interests and TRP trips should not dominate over the higher
standards of professionalism, the court suggested to the
media.
Platinum Platform
 When the ‘media trial’ was being dubbed as a crime
of interference with the administration of justice under
contempt of court of law, the judgment came as a great
relief to the media and as a moral booster to positive ‘media
trial’. The apex court held that the “sting program telecast
by NDTV served an important public cause. Even if the
program marginally tended to influence the proceedings
in the BMW trial, it served larger public interest. Both
Anand and Khan were purportedly shown as colluding to
influence Kulkarni in the BMW hit-and-run case in the
sting operation on May 30, 2007, by offering him money”.
Those who recommended using of British colonial
concept of ‘contempt of court’ for jailing journalists for
writing anything related to a crime under trial, should now
understand what would have happened to victims such as
Jessica Lal or Priyadarshini Mattoo, or dead victims of
BMW crime, without fourth estate stepping in to build a
campaign? Message to media is clear and loud, prior
permission amounts to pre-censorship but self censorship
to uphold public interest. Like NDTV the sting operation
should secure red-handed evidence to killers of evidence.
It is inappropriate, unethical and anti professional for an
advocate of the stature Mr. R K Anand enjoying as ‘senior
advocate’ in Delhi High Court to have bribed a prosecution
witness to turn hostile, and also for a public prosecutor I
U Khan, to have associated him with prosecution witness
over a peg of Scotch whisky. Several commissions talked
about prosecution – criminal nexus and destruction of
criminal cases in the investigating police stations themselves.
But the truth of it was rarely proved. Media sting on such
an open secret made the judiciary and other law enforcing
bodies not to shut the eyes and ignore. Unscrupulous
lawyers get away with shameful exploitation of clients and
lending a hand of protection to criminals by under hand
deals, such as exposed in BMW scandal, more than limiting
to use of legally available defenses. When Bar Council of
India did not choose to control anti-professional and
unscrupulous conduct of its members, who exploit their
‘face value’ in courts to challenge any regulation of their
misconduct, it is for the people to question these unethical
practices.
It is good that three judge bench of Supreme Court
came to the rescue of justice and restored the savior image
to judiciary by upholding the conviction of criminal lawyers
and validating the media trial in public interest. The apex
court did not lose the opportunity to advise on the ‘media
trial’ and boldly constructed a constructive analysis
balancing the needs of independent trial with that of
Platinum Platform
exposure of secrecy which accommodate corruption. The
court stated: “The trial would fail because it was not
protected from external interferences. Every trial that fails
due to external interference is a tragedy for the victim(s) of
the crime. More importantly, every frustrated trial defies
and mocks society based on the rule of law”.
Victims of crime in this country are either dead or
helpless. When none stands for them, neither corrupt,
prejudiced or prejudging police, nor unethical prosecutors
nor blinded goddess of justice, who will come to their
rescue, if not the media, the fourth estate, or the civil society,
the fifth estate?
It is important to remember and think over the
well crafted statement of Justice Krishna Iyer about PIL:
THE praxis of public interest litigation (PIL) has
in its democratic dimension a people-oriented philosophy.
To disown its legitimacy will amount to jurisprudential
barbarity. It is just and fair to jettison pretended PIL
processes but unjust to forbid the jurisdictional innovation
on the pretext of abuse when really aggrieved persons with
a pro bono “standing” in the generous sweep of locus standi
parameters come to the High Court or the Supreme Court.
Remedial directives against constitutional violations and
arbitrary action by the executive, or rulings that go beyond
constitutional limitations, or an alleged breach of fancied
privileges by the legislature cannot be dismissed in limine.
No plea of Montesquieuan autonomy can choke judicial
review: that will amount to constitutional apostasy. Nor,
of course, can the “robed brethren” on the Bench invade
the constitutional space preserved for the other two
branches of the Republic. (V.R. KRISHNA IYER , “In
public interest”: Activist judiciary: a pro bono fiduciary
vis-a-vis operation public interest litigation, Frontline)
* * * * *
259
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Platinum Platform
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Jxfl\˜HõO>Ë =ÚYº"≥∞ÿ# qâ◊fiã¨hÜ«∞`å ^≥|ƒu#Hõ =∂#^Œ∞.
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[<åxfl x~å…O`«Ñ¨iKÕ J„Hõ=∂Å HõOѨ#∞ HõkeOKåHõ, "≥Ú^ŒÖˇ\ ˜ì#
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Ö’@∞áê@∞¡ Zxfl L<åfl Ѩiâ’^èŒ<å`«‡Hõ [~°fle[O „ѨÉèí
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Platinum Platform
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Ö’<≥· g∞_çÜ∂« `«# r=^è•`«∞=Ù#∞ q㨇iOzOk. Ѩ„uHõ XHõ „ÉÏO_»∞
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"å~°ÅÎ „áê^è•#ºO `«yOæ k. Ѩiâ’^è#Œ ‰õΩ P^Œ~}
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„áê}Ï^è•~°"≥∞ÿ# J_»fi~°ì~Ú*ò"≥∞O@∞¡ WKÕÛ "åiH˜ J#∞„QÆǨÏO
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g∞_çÜ«∂ JÅ"å@∞ KÕã¨∞‰õΩ#flk. U [~°fleã¨ì~Ú<å =$uÎ^èŒ~å‡xH˜
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„ѨÉèÏ"åÖ’¡ áê„uˆHÜ«ÚÅ K˘~°=, ã¨Oáê^Œ‰õΩÅ ¿ãfiK«Ûù ã¨#flye¡Ok.
Ѩ„uHõ<À, Kå#Öò<À #_ç¿Ñ"åiH˜ ~å[H©Ü∞« OQÍ<À, "åºáê~°Ñ~¨ O° QÍ<À
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Z‰õΩ¯=QÍ LѨÜ≥∂QÆѨ_»∞`«∞#flk.
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KÕ`«∞Å∞ HÍÅ∞`å~Ú. "≥Ú^Œ\ ˜ˆH "≥∂ã¨O =ã¨∞ÎOk. `«=∞#∞ uiy
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Platinum Platform
Hõ#fl`«O„_Õ P"≥∞#∞ K«Oáê_»h, P `«O„_ç LK«ÛhKåÖˇ~∞° QÆx HÍ=Ú‰õΩ_»h
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z„`«â’Éèí‰õΩ, ã¨=∂[OÖ’ P ‰õΩ@∞OÉÏxH˜ [iy# J==∂<åʼnõΩ,
Ѩ~∞° =Ù #ëêìʼnõΩ Z=ik ["å|∞^•s? Ѩiâ’^è#Œ Å ¿Ñi@ g∞_çÜ∂«
KÕ¿ã JuH˜ WO`«‰õΩ q∞Oz# ^Œ$ëêìO`«O JHõ¯ˆ~¡^Œ∞.
ǨÏ`«º=O\˜ f„=<Õ~°O [iy# ã¨O^Œ~åƒùÖ’¡<Õ HÍHõ
=∂=¸Å∞ ã¨O^Œ~åƒùÖ’¡#∂ `«=∞ =∂<å# `å=Ú Ñ¨~°∞=ÙQÍ |uˆH
™ê=∂#º ‰õΩ@∞Oc‰õΩÅ#∞ ѨxH˜=∂e# Ѩiâ’^è#Œ Å ¿Ñi@ g∞_çÜ∂«
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WÖÏ¡Å∞ ~°O‰õΩÖÏ_ç J~Ú#@∞ì, Ѷ¨ÖÏ<å `«O„_ç, ÖËHõ Éèí~°Î âß_çã¨∞Î
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|O_»Å∞ qã¨~°@O J=∂#∞+¨O. ~å*ϺOQÆO „Ѩu áœ~°∞_çH© WzÛ#
„ÃÑ·=㑠ǨωõΩ¯#∞ ‰õÄ_® Q“~°qOK«‰õΩO_®, Z=i |`«∞‰õΩ#∞ "åix
QÆ∞@∞ìQÍ |`«Hõx=fi‰õΩO_®, PѨÙÎʼnõΩ PѨ^Œ=KÀÛ, Pf‡Ü«ÚÅ#∞
HÀÖ’ÊÜ≥∂ P„HÀtOKÕ"åix "åi U_»∞Ѩ٠"åix U_»=x=fi‰õΩO_®
"≥ÚQÆO g∞^Œ ÔH"≥∞~åÅ∞ ÃÑ\˜ì, Ñ≤zÛ „Ѩâ◊flÅ ã¨∂^Œ∞Å∞ QÆ∞zÛ
g∞_çÜ«∂"å~°∞ Ç≤ÏOã≤OK«@O [~°fle[O HÍ^Œ∞... Jq ÃÑ·âßzHõO.
ZOKåÅO>Ë Ö’áêÅ∞ Z<Àfl L<åfl q∞QÆ`å "å\˜`À áÈeÛ`Õ JO`À
WO`À „ÔH_çae\© q∞ye, [<å^Œ~°}‰õΩ <ÀK«∞‰õΩ#fl =º=ã¨÷Ö’¡
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`«# g∞^Œ L#fl QÆ∞~°∞`«~° ÉÏ^躌 `«‰Ωõ n@∞QÍ g∞_çÜ∂« ÉÏ^躌 `åÜ«Ú`«OQÍ
=ÚO^Œ∞‰õΩ ™êy, H˘`«Î Z`«∞ΉõΩ Z^ŒQÍÅ<Õ „Ѩ*Ï™êfi=∞º"å^Œ∞ÅO^Œi
PHÍOHõ∆.
****
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g∞_çÜ«∂Ö’ ‰õÄ_® áÈ\© `«`«fiO ÃÑiy#ѨÊ\˜H˜ W\©=Å HÍÅOÖ’
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=Å∞=Å∞ =Ó_ç#@∞¡QÍ `«Ü«∂~°∞ J~Ú#k.
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PÜ«∞#‰õΩ PѨÎq∞„`«∞_»∞. Ѩ\Ïìaè ã‘`å~å=∞Ü«∞º QÍ~°∞ 1939Ö’
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264
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D *Ïu Ç≤Ï`«O HÀã¨O D ^Õâ◊ Q“~°=O HÀã¨O ÖˇHõ¯K≥Ü«∞º#∞. D
q+¨Ü«∂xfl Ѩ\ÏìaèH˜ K≥ѨÊO_ç Jx J<åfl~°@. Jk XHõ Ѩ„uHÍ
ã¨Oáê^Œ‰õΩx Ü≥ÚHõ¯ ¿ãfiKåÛù™êfi`«O„`åºÅ∞. `å#∞ #_ç¿Ñ Ѩ„uHõx ^Õâ◊
Ç≤Ï`«O HÀã¨"Õ∞ #_»∞ѨÙ`å_»∞ HÍx WOH˘Hõ^•xH˜ HÍ^Œ∞.
J^Õq^èOŒ QÍ ~å[=∞O„_ç =^ŒÌ ã‘`å#QÆ~O° ã¨`庄QÆÇϨ ta~°O
=^ŒÌ Ѩ„uHõ#∞ #_çÑ≤# =∞^Œ∂Ìi J#flѨÓ~°‚Ü«∞ºQÍi K«i„`« ‰õÄ_®
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™êfi`«O„`«º ã¨=∞~°Ü≥∂^èŒ∞_»∞ g~°áêO_Õ g∞^Œ XHõ "åºã¨O =zÛOk.
™êfi`«O„`«º ã¨=∞~°OÖ’ g~°=∞OQÆà◊ áêO_Õ x~°fiÇ≤ÏOz# áê„`«#∞ QÆ∞iOz
q=~°} =zÛOk. P<å\˜ „a\©+π „ѨÉèí∞`«fiO "å~°∞ =∞^Œ∂Ìi
J#flѨÓ~°Ü ‚ ∞« º`À =∂\Ï¡_∞» `«∂ P "åºã¨ ~°K~« Ú`« ¿Ñ~°∞ K≥Ñʨ O_ç J`«xÃÑ·
K«~°º fã¨∞H˘#^ŒeKå=Ú. "≥O@<Õ J#flѨÓ~°‚Ü«∞ºQÍ~°∞ XHõ Ѩ„uHÍ
ã¨Oáê^Œ‰õΩ_çQÍ <å ~°K«~Ú`« ¿Ñ~°∞#∞ "≥Å¡_çOK«#∞ Jx J#QÍ<Õ
HÍ~åQÍ~åxH˜ ѨOáê~°∞. P `«~°∞"å`« P~°∞QÆ∞~°∞ P Ѩ„uHõ _çHõ¡ˆ~+¨<£
fã¨∞H˘#QÍ<Õ JÔ~ã¨∞ì J=@O =Å# Ѩ„uHõ PyáÈ~ÚOk. XHõ
㨠O áê^Œ ‰ õ Ω _» ∞ =º=Ǩ Ï iOz# f~° ∞ `≥ # ∞flÅ QÆ ∞ iOz =∞^Œ ∂ Ì i
J#flѨÓ~°‚Ü«∞º K«i„`«Ö’ =∞#‰õΩ ã¨Ê+¨ìO J=Ù`«∞Ok. J^Õ q^èŒOQÍ
@OQÆ∞@∂i „ѨHÍâ◊O ѨO`«∞Å∞QÍ~°∞ ã¨fi~å[º Ѩ„uHõ QÆ∞iOz #_çÑ≤#
Ѩ^Œú`«∞Å∞ =∞#‰õΩ Pâ◊Û~°ºO Hõey™êÎ~Ú. <å~°¡ "≥OHõ>Ëâ◊fi~°~å=ÙQÍ~°∞
PO„^èŒ*’ºu Ѩ„uHõ#∞ #_»∞ѨÙ`«∂ J`«º=ã¨~° HÍÅOÖ’ P<å\˜
WOk~åQÍOnè ‰õΩ@∞OÉÏxfl q=∞i≈Oz#O^Œ∞‰õΩ ã¨Oáê^Œ‰õΩ_çQÍ
`˘ÅyOK«|_®¤~∞° . ÃÇÏ· ^Œ~åÉÏ^£ #QÆ~O° Ö’ g∞*Ï<£ `≥Å∞QÆ∞ Ѩ„uHõ ‰õÄ_®
J_çq ÉÏÑ≤~åA <≥·*ÏO #"å|∞‰õΩ =ºuˆ~HõOQÍ J<ÕHõ "庙êÅ#∞
„ѨK«∞iOKå~°∞. ã¨∞~°=~°O „Ѩ`åѨÔ~_ç¤QÍ~°∞ `«# QÀÖÁ¯O_» Ѩ„uHõ#∞
<≥·*ÏO „áêO`«=∞O^Œ∞ `≥Å∞QÆ∞ÉèÏëê L#fluH˜ Z#ÖËx Hõ$+≤KÕâß~°∞. D
q^èŒOQÍ ZO^Œ~À Ѩ„uHÍ JkèѨ`«∞Å#∞ =∂„`«O ^Œi≈OK«=K«∞Û. Wk
P<å\˜ =∞# Ѩ„uHÍ ã¨Oáê^Œ‰õΩÅ Ü≥ÚHõ¯ *ÏfÜ«∞ ÉèÏ=#.
HÍh <Õ_»∞ =∞# g∞_çÜ«∂ #_»∞ã¨∞Î#fl f~°∞`≥#∞flÅ∞ =∞#Ö’
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áÈ~å@O ^•fi~å =∂„`«"Õ∞ `å=Ú Ç¨Ïã¨ÎQÆ`«O KÕã¨∞H˘#QÆÅ=∞x Ç≤ÏOã¨
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J<ÕHõ "å~°ÎÅ∞ =ã¨∞ÎO\Ï~Ú. "åi ÉèÏ=#ʼnõΩ ã¨=∞~°÷#QÍ "åi
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„ѨÜ∞« uflã¨∞OÎ \Ï~°∞. 1929Ö’ =Ú@∂fli Hõ$ëê‚~å=Ù QÍiH˜ PO„^èÑŒ „¨ uHõ
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Hõ$ëê‚~å=Ù QÍ~°∞ WÖÏ J<åfl~°∞. ''H˘O^Œ~°∞ Ѩ„uHÍ ã¨Oáê^Œ‰õΩÅ∞
Platinum Platform
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Wk JO`« =∞Oz Ѩi}Ï=∞O HÍ^Œ∞—— ''=∂@Å∞ J#flk 1929Ö’
ã¨∞=∂—— <Õ_»∞ P ÉèÏ"åÅ∞ „Ѩã¨∞Êù@OQÍ J^˘Hõ q^è•#O ÖÏQÍ
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㨠O ^Œ ~ åƒù Å Ö’ Ü« ∂ [=∂#º"Õ ∞ Ѩ „ uHÍ ã¨ O áê^Œ ‰ õ Ω Å∞QÍ
=º=ǨÏiã¨∞<Î åfl~°∞. „ѨH@õ #Å#∞ WzÛ#O`«QÍ "å~°ÅÎ ‰õΩ „áê=ÚYº`«ÖxË
Ѩiã≤u÷ . <Õ_∞» ~å[H©Ü∂« Å∞ =∂„`«"∞Õ =∞# rq`åÅ#∞ âßã≤ã∞¨ <Î åfl~Ú.
~å[H©Ü«∞"å^Œ∞Å Jaè„áêÜ«∂Å∞ =∂„`«"Õ∞ „Ѩ[ʼnõΩ ѨiQÆ}Ö’H˜
fã¨∞‰õΩO@∞<åfl~°∞. <Õ_∞» âßã¨#ã¨ÉÖíè ’ =∞# Ѩ„uHõÅÖ’ =zÛ# "å~°ÅÎ #∞
|\˜ì „Ѩâfl◊ Å∞ J_»Q|Æ _»∞`«∞<åfl~Ú. HÍx âßã¨#ã¨É∞íè ºÅ∞ PÜ«∂ ã¨=∞㨺Å
QÆ∞iOz ‰õÄÅOHõ+¨OQÍ âßã¨#ã¨Éèí‰õΩ ã≤^ŒúO HÍ=@O ÖË^Œ∞.
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JO`«QÍ Ñ¨\Oì˜ Ñ¨Ù LO_»@O ÖË^∞Œ . "å~°ÅÎ Ö’ WOw¡+µ¨ KåÖÏ ^è•~åà◊OQÍ
"å_»|_»∞`«∞#flk. `≥Å∞QÆ∞ÉèÏ+¨Ö’ ‰õÄ_® "åºHõ~°}O LO_»=K«∞Û J<Õ
"åã¨Î= Ѩi*Ï˝#O =∞# Ѩ„uHõʼnõΩ LO_»@O ÖË^Œ∞. =∞# „Ѩ[Å r=#
ã≤÷uQÆ`«∞Å QÆ∞iOz "åi x`«º r=# =º=Ǩ~° ã¨~°o QÆ∞iOz
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Ѷ ¨ ∞ ~° ¬ }Å`À L„kHõ Î Ñ ¨ Ó i`« "å`å=~° } OÖ’ P"Õ â ßÅ =∞^è Œ º
ã¨OѶ¨∞i¬OK«∞‰õΩ<Õ Ñ¨iã≤÷u ~å‰õÄ_»^Œx =∞# [~°fleã¨∞ìÅ∞ ÉèÏqOK«@O
ÖË^Œ∞. `«=∞ "å~°ÎÅ ^•fi~å P ã¨OѶ¨∞~°¬}#∞ =∞iO`« ÃÑOK«@O HÀã¨O
„Ѩܫ∞`«flO [~°∞QÆ∞`«∞#flk. "å~°ÎÅ#∞ "å~°ÎÅ∞QÍ K«∂_»@O Z#fl_À
=∂x"ÕâßO. "å~°ÎʼnõΩ |^Œ∞Å∞QÍ "åºYº#∞ "å~°ÎQÍ „ѨK«∞iã¨∞Î<åfl~°∞.
Ѷe¨ `«OQÍ <Õ_∞» ã¨=∂[OÖ’x qq^èŒ =~åæÅ =∞^躌 Ѩ~㰠ʨ ~° ã¨OѶ∞¨ ~°¬}‰õΩ
=∞# "å~°ÅÎ ∞ ^•ifã¨∞<Î åflÜ«∞<Õ "åã¨"Î åxfl =∞#O QÆ=∞xOK«@O ÖË^∞Œ .
=∞# Ѩ„uHÍ ~°OQÆOÃÑ· q^ÕjÜ«ÚÅ ÉèÏ"åÅ „ѨÉèÏ=O
Z‰õΩ¯=QÍ Hõ#Ѩ_»∞`«∞#flk. q^Õj PÖ’K«#Å`À ѨxKÕ¿ã"åi
Z`«∞ÎQÆ_»Å‰õΩ Ѩ„uHÍ ~°OQÆO ÖÁOyáÈ`«∞#flk. Uk ã¨OK«Å#O
HõÅ∞QÆ∞`«∞O^À J^Õ "å~°ÎQÍ =∞#O „"åÜ«∞\ÏxH˜ „Ѩܫ∞uflã¨∞Î<åfl=Ú.
„Ѩu JHõ∆~°O "ÕÅ "≥∞^Œà◊§#∞ Hõkeã¨∞ÎOk. „Ѩu ^Œ$â◊ºO ‰õÄ_® ÅHõ∆Å
ǨÏ$^ŒÜ«∂Å#∞ „ѨÉèÏq`«O KÕã¨∞ÎOk. D ã≤÷ux ã¨=∂[OÖ’ =∞#O
JkèHõ âß`«O ã¨=¸Ç¨Å∞ q㨇iã¨∞<Î åfl~Ú. =∞#O „"å¿ã „Ѩu JHõ~∆ O° ,
=∞#O K«∂¿Ñ „Ѩu ^Œ$â◊ºO ã¨=∂[OÃÑ· ZÖÏO\˜ „ѨÉÏè "åxfl K«∂Ñ≤ã∞¨ #Î flk
Jx =∞#O PÖ’zOK«@O ÖË^∞Œ . JO^Œ∞‰õΩ <Õ_∞» [~°fleã¨∞Åì ‰õΩ ã¨=∞Ü«∞O
‰õÄ_® LO_»@O ÖË^Œ∞. ǨÏ_®q_çQÍ „"å¿ã ™êÇ≤Ï`«º"Õ∞ [~°fle[O
J#fl Ѩ^ŒúuÖ’ =∞# „"å`«Å∞ ™êQÆ∞`«∞<åfl~Ú. WHõ¯_» XHõ =∞øoHõ
q+¨Ü«∂xfl =∞#O q㨇iã¨∞Î<åfl=Ú. ^Õâ◊OÖ’ Zxfl =∂~°∞ÊÅ∞
=zÛ#ѨÊ\˜H˜ „ѨѨOK«O ZO`«QÍ „ѨÉèÏq`«O KÕ^•Ì=∞#∞‰õΩ#flѨÊ\˜H©
=∞# ã¨=∂*ÏxH˜ =∞# ^è~Œ å‡xH˜ H˘xfl „áêuѨkHõÅ∞ =Ù<åfl~Ú. =∞#O
„áê^è•#º`«ÖËx "å~°ÎÅ∞ „"åÜ«∞\ÏxH˜ „Ѩܫ∞uflOz<å P "å~°ÎÅÖ’
Platinum Platform
âßâ◊fi`«HÍbHõ ã¨`«ºO „ѨuaOaã¨∂Î LO_®e. D Kåi„`«Hõ ã¨`åºxfl
=∞#O q㨇iã¨∞Î<åfl=Ú.
XHõ<å_»∞ ™êfi`«O„`«ºO HÀã¨O D ¿ãfiKåÛù ã¨=∂#`åfiÅ HÀã¨O
=∞# *Ïu áÈ~å_çO^Œ<Õ q+¨Ü«∂xfl q㨇iã¨∞Î<åfl=Ú. P áÈ~å@OÖ’
ZO^ŒÔ~O^Œ~°∞ =∞ǨѨÙ~°∞+¨µÅ∞ P`«‡`åºQÍÅ#∞ KÕâß~À =∞#O
QÆ∞iÎOK«ÖË^Œ∞. P^èŒ∞xHõ ~å[H©Ü«∞ â◊H˜Î =∞#efl „ѨÉèÏq`«O KÕã¨∞Î#flk.
Pi÷Hõ „ѨuѶ¨ÅO =∞#efl =ÚO^Œ∞‰õΩ #_çÑ≤ã¨∞Î#flk. =∞# =∂#ã≤Hõ
PÖ’K« # Å∞ =∞#efl Jqhu=∞Ü« ∞ "≥ ∞ ÿ # Ü« ∞ O„`åOQÆ O
ã¨fi„ѨÜ∂≥ [<åÅHÀã¨O ѨxKÕ¿ã ~å[H©Ü∞« Ѩ٠K«^~Œ O° QÆÑÙ¨ Z`«∞ÅÎ `Àáê@∞
g∞_çÜ«∂ ~°OQÆO ‰õÄ_® `«# ã¨fiÖÏÉèÏÅHÀã¨O =∂Ѷ≤Ü«∂ ~°OQÆOQÍ
=∂~°∞`«∞#flk. qÅ∞=Å QÆ∞iOz =∂\Ï¡_»@O JO>Ë KÕ`«HÍx"å_çÖÏ
=∂\Ï¡_»=Åã≤=ã¨∞Î#flk. J^Õq∞@O>Ë HÍÅO =∂~°∞`«∞#fl^Œ<Õ =∂@
qxÑ≤ã¨∞Î#flk. HÍÅO`Àáê@∞ =∞#=¸ =∂~åe Jx J<Õ"åi ã¨OYº
Z‰õΩ¯=QÍ Hõ#Ѩ_»∞`«∞#flk. XHÀ¯™êi Jk x["Õ∞HÍ=K«∞Û#x
JxÑ≤ã¨∞Î#flk.
HÍh D ã¨=∂*ÏxH˜ XHõ ^è~Œ ‡° O L#fl^Œx, XHõ K«i„`« L#fl^Œx
Ѩ~°OѨ~åQÆ`« ã¨O„Ѩ^•Ü«∂Å∞ L<åflÜ«∞x r=# ^Œ$HõÊ^äŒO L#fl^Œx
JO^Œ∞HÀã¨O =∞#efl J#∞âßã¨#`À ^èŒ~°‡=∂~°æ Ѩ^Œú`«∞ÅÖ’ #_»=@O
HÀ㨠O =∞#efl P^Õ t OKÕ ^è Œ ~ ° ‡ Ѩ Ù ~° ∞ +¨ µ Å∞ L<åfl~° x =∞#O
q㨇iã¨∞Î<åfl=Ú. "å~°∞ Hõ#∞Hõ ÖËHõáÈ~Ú#@¡~Ú`Õ WѨÊ\˜ˆH D ^Õâ◊O
U PѶ¨…x™êÎ<£ÖÏQÍ<À, U W~åH± ÖÏQÍ<À, U J"≥∞iHÍÖÏQÍ<À,
„á¶ê<£ûQÍ<À =∂iáÈ~Ú=ÙO_Õk. JÖÏH͉õΩO_® Wxfl =O^ŒÅ
ã¨O=`«û~åÅ q^Õj â◊‰õΩΊѨiáêÅ#Ö’ áê~°`«O„`«∞Å"≥∞ÿ rqOz<å
uiy =∞#O ã¨`åfixfl á⁄O^Œ\ÏxH˜ =∞#O ZO`À Hõ$+≤K™Õ ê=Ú. P<å_»∞
XHõ¯ „a\©+¨µ "åix =∂„`«"Õ∞ ZkiOK«QÆeQÍ=Ú, D<å_»∞ H˘xfl
=O^ŒÅ HÍ~˘Êˆ~\ò â◊‰õΩÎÅ#∞ x~ÀkèOK«\ÏxH˜ „Ѩ[ÅÖ’ `«QÆ∞ ã¨`åÎx
x~å‡}O KÕÜ«∞=Åã≤ L#flk. "åi PÖ’K«#Ö’ =∂~°∞Ê#∞ `Õ"åeû
L#flk. "åi r=# q^è•#OÖ’ qѨ¡"åf`«"≥∞ÿ# ^Œ$HÀ¯}Ïxfl =∞#O
HõeÊOK«=Åã≤ L#flk. Wk `«áÈÉè∂í q∞, ѨÙ}ºÉè∂í q∞, Hõ~‡° Éè∂í q∞, K«i„`«
Hõey# *Ïu ã≤OǨÏO=Öˇ xÅ∞=QÆÅ *Ïu =∞#k. W^ŒO „ÉÏǨχºO
W^ŒO H∆Í„`«O J#fl Ѩ~°OѨ~åQÆ`« ÉèÏ=# =∞# g∞_çÜ«∂ ^•fi~å
„Ѩ[fieOѨKÕÜ«∞=Åã≤# J=ã¨~°O L#flk.
<Õ_»∞ =∞# g∞_çÜ«∂ ~°OQÆOÖ’ K˘~°|_ç# q^ÕjÉèÏ"åÅ∞
=ºH˜ÎQÆ`« PHõ~°¬Å∞ ™êfi~°÷ „ѨÜ≥∂[<åÅ∞ ã¨Ô~·# ^•iÖ’<Õ fã¨∞H˘x
"≥à≈◊ =Åã≤# J=ã¨~O° ZO`≥<· å L#flk. JO^Œ∞HÀã¨O =∞# PÖ’K«#Å#∞
=∞#O ѨijÅ# KÕã¨∞H˘#=Åã≤# J=ã¨~°O ZO`≥·<å L#flk. <Õ_»∞
Ü«ÚQÆÜ«ÚQÍÅ∞ H˘#™êQÆ∞`«∂ =ã¨∞Î#fl JqzÛù#fl Ѩ~°OѨ~åQÆ`«
^è~Œ ‡° ÉèÏ=#H˜ „ѨfHõ J~Ú# ã¨^∞Œ ~æ ∞° t"å#O^Œ=¸iÎQÍi ã¨ÇϨ „ã¨KO« „^Œ
^Œ~°≈# „Ѩ`«∂º+¨HÍÅOÖ’ =∞#efl QÆ∞iOz =∞#O XHõ™êi ѨijÅ#
KÕã∞¨ ‰õΩO^•O. ã¨fi~°Éæ ∂íè q∞ J~Ú# ÉèÏ~°`^« âÕ ßxfl ÉèÏ~°`^« âÕ ◊ x~å‡}OÖ’
=∞#O ‰õÄ_® =∞# áê„`«#∞ x~°fiÇ≤ÏOK«\ÏxH˜ „Ѩܫ∞`«flO KÕ^•ÌO.
㨈~fi[<å ã¨∞d<À Éèí=O`«∞
* * * * *
265
 National Integration and Security –
Religious Fundamentalism
I begin this paper by quoting the profound ideas
on nation and nation building. These were expounded by
Kulapati K. Munshi in his small but seminal book,
“Warnings of History” published by the Bharatiya Vidya
Bhavan. (Now out of print). Three factors are invariably
found in virile nations : common memory of achievement,
will to unity and habitual urge to collective actions (more
are given at Annexure#1).
In respect of all these three, the history of India
from the time of the British rule in particular and the
Muslims invasions in general and very significantly after -
independence and electoral democratic politics, our nation-
hood is increasingly under assault. India has been in our
literature known as Bharata Varsha. The faith belief and
life’s practices all over the county were derived from the
Vedas, the Upanishads, Mahabharata, Ramayana and such
epic literature. We have always considered ourselves as
one country and one people; our life was guided by the
principles of Sanatan Dharma as expounded in our vast
classical literature and popularized by singing itinerant
ministrels and from discourses, of our Rishis, Siants and
Sadhus. Although we had several kingdoms, some of which
tried to extend their territory through warfare, the people
were not divided into different nationalities, requiring
passports and visas for movement. The system of
Teerthayatras and universal reverence for our Rivers, for
our Forests, for our Mountains and for our Seas kept us as
one
People despite several kingdoms. The nearest
modern equivalent of this is the Arab nation which now
consists of 17 independent sovereign states, despite the
people being of the same race, same religion and have the
same language. Yet they all think of themselves as Arab
nation. We have always considered ourselves as inhabitants
of Bharat Varsha.
The nation state which is largely political in nature,
is just about 200 years old. Modern Germany came into
being by integration by conquest of 22 separate kingdoms
by the Kaiser of Prussia under the Chancellorship of
Ottovon Bismark, in 1871 . Even here Austria which is
*Director, Center for Telecom Management & Studies, Hyderabad.
266
- Dr. T.Hanuman Chowdary*
German in race, language and religion is a separate state
with a separate nationality. UK is a construct of only
about 300 years comprising of England, Scotland and
Wales ( and Northern Ireland); Italy has become the nation
state by submergence of dozens of kingdoms, only about
150 years ago; Giuseppe Garibaldi(July 4, 1807 – June 2,
1882) and Giuseppe Mazzini (June 22, 1805 – March
10, 1872) were the great Italian patriots who inspired and
led all the Italian speaking people in different kingdoms
to merge into one Italian nation-state (just as Sardar Patel
integrated over 600 princely states into the Union of India
within two years!). The USA was invented in 1776 with
13 colonies becoming the United States and it grew to a 50
-state nation state just about 150 years ago. In contrast to
all these of just a few hundred years of nation statehood
we have been a nationhood people for thousands of years.
Our nation -state was being shaped from the British times
onwards. Earlier, the idea that the whole of India was one
people had been so powerful that the Mughals were wanting
to bring the entire India under their sway with indifferent
results. From this preliminary exposition, we should
conclude that we had been, for milenia one people, one
nation, one country but with different kingdoms. And
the modern Indian nation -state has been in the making
mostly since the time of the British imperial rule.
3. The encounter with the British imperial rulers shook
us Hindus out of torpor, out of a withdrawal into a
shell, forced upon us by hundreds of years -long
life and death struggle to preserve Hinduism from
the onslaughts of the invader Islamist rulers and
converts under unnatural circumstances co-opted
into Islamist ruling circles. Swamy Dayananda,
Vivekananda, Lokamanya Balagangadhar Tilak and
Gandhiji several others had been responsible for
building in our people a sense of common nation
hood, the reinvention of our past nation-hood. Into
this nation-hood which is essentially Hindu in
inspiration and roots, we have no difficulty in
accommodating the millions of settlers and native
converts to other religions like Islam and
Christianity. This has been the fundamental genius
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 of Hinduism in which we have always held,
Ekam sath, vipraha bahudha vadanti -
(truth is one but the wise speak of it variously) and
the truth can be searched in different ways through
different disciplines and faiths without any hostility
between these different paths of seeking the truth.
What is essential is to live in dharma to uphold
dharma and to constantly expand it to cover the
changes that come through development of
technology and progressing ways of life like
agriculture, industry and information.
4. Islam has been posing a unique problem unparalleled
in the history of mankind. It has divided mankind
into believers and non-believers or kafirs. The
brotherhood in it is confined to the believers and
the latter are either to be converted (by all available
means) or ruled over as dhimmis; that is permitted
to live by paying taxes, zezia. Christianity also
divided mankind into believers and pagans. The
latter included Hindus for long. Both these religions
are proselytizing and their followers believe that their
Prophets had obliged and advised the followers
to convert everybody else to their only truthful
religion, unquestionably believing in their God,
in their Prophet, in their Book and the
interpretation of that Book and religion by the
“authorized” person, the Pope in Christianity and
the Mulla- Malvi- Maulana in Islam.
5. In India, unlike in the rest of the world, invaded by
Islamist rulers, Hindus resisted the invader-
conquerors for several hundred years and despite
extensive conquests and rule by Islam’s kings and
Nawabs, Islamists lost power and Hindus gained
the upper hand by the closing years of Aurangzeb’s
rule (1 st decade of the 18 th century by the
heroic,patriotic campaigns of the Maratha and
Sikhs. Less than 20% of the people left their mother
religion Hinduism and even among many of these
converts, Hindu beliefs and practices and even laws
of inheritance prevailed until recently, even during
the British rule.
6. The separatism separate national idea and the
“unintegrationability” of Muslims with the Indian
nation which is predominantly Bharatiya Hindu is
evident from the speeches of three highly venerated
Muslim’s leaders of India.
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6.1 Mahatma Gandhi committed the Indian National
Congress which was secular to the religious cause of
Muslim Indians for the Khilafat movement (1919 -
’24). India had nothing to do with the Islam’s Caliph
in Turkey, who also was the ruler of that country.
After the first World War he was stripped off his
possessions in Arabia and other lands of Arabs.
While no Muslims anywhere in the world launched
any movement for restoration of the Caliph’s
privileges, Muslim Indians launched the Khilafat
movement for a Muslim cause and Gandhiji
supported them in the hope and belief that if
Hindus supported Muslims, the latter would join
India’s independence movement. Tens of thousands
of Hindus went to jails for this Muslim cause.
Gandhiji hailed the leaders of the khilafat
movement, brothers Mohammed Ali and Shaukat
Ali as his own brothers and yet this is what
Mohammed Ali said, speaking at Aligarh and
Ajmere in 1924 :
“However pure Mr. Gandhi’s character may be,
he must appear to be from the point of view of religion
inferior to any Musalaman, even though he be without
character”.
The Statement created a great stir. Many did not
believe that Mr. Mohamed Ali, who testified to so much
veneration for Mr. Gandhi, was capable of entertaining such
ungenerous and contemptuous sentiments about him(Gandhi).
(Later) When Mr. Mohamed Ali was speaking in a meeting
held at Aminabad Park in Lucknow, he was asked whether
the sentiments attributed to him were true. Mr. Mohamed
Ali without any hesitation or compunction replied.
Yes! According to my religion and creed, I do hold
an adulterous and a fallen gentleman to be better than
Mr. Gandhi”
Also, during the movement when Congressmen
were raising the slogan, Vandemataram, Md. Ali objected
to this and insisted that if they said Vandemataram, Allah
ho Akbar ! At the Kakinada Congress session (1923) over
which Md. Ali presided he saw to it that, the proceedings
did not start with Vandemataram. Today it is that same
disrespect to Vandemataram and Saraswati Vandana and
Bharat so dear to the Hindus, that Muslim Indians display
stridently.
6.2 This separatism, based on religion was not invented
in the 1940s but it has its origin in the views and
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 speeches of no leas a person than Sir Sayyed Ahmed,
the first popular Muslim intellectual leader who
advocated, modern education for Muslims and who
told Muslims that the British rule was god -given
and that was preferable to the rule of Hindus, who
as a majority would, in independent India be lording
over Muslims. In a speech to Muslims in Meerut in
the 1888, he asserted that Muslims are a separate
nation that the Muslim nation, cannot share power
with Hindus. Extracts of his speech are at
Annexure#2.
6.3 Yet another eloquent statement that Muslims are not
Indians and that they are a separate nation was
thunderously made by Md. Ali Jinnah’s speech at
the Muslim League conference in Lahore in March
1940. He said,
“It is extremely difficult to appreciate why our Hindu
friends fail to understand the real nature of Islam and
Hinduism. They are not religions in the strict sense of the
word, but are, in fact, different and distinct social orders and
it is a dream that the Hindus and Muslims can ever evolve a
common nationality, and this misconception of one Indian
nation has gone far beyond the limits and is the cause of most
of our troubles and will lead India to destruction if we fail to
revise our notions in time. The Hindus and Muslims belong
to two different religious philosophies, social customs, literature.
They neither intermarry, nor interline together and indeed
they belong to two different civilizations which are based
mainly on conflicting ideas and conceptions. Their aspects on
life and of life are different. It is quite clear that Hindus and
Mussalmans derive their inspiration from different sources of
history. They have different epics, different heroes and different
episodes. Very often the hero of one is a foe of the other and
likewise their victories and defeats overlap. To yoke together
two such nations under a single state, one as a numerical
minority and the other as a majority, must lead to growing
discontent and final destruction of any fabric that may be so
built up for the government of such a state.
Muslim India cannot accept any constitution which
must necessarily result in a Hindu majority government.
Hindus and Muslims brought together under a democratic
system forced upon the minorities can only mean Hindu Raj.
Democracy of the kind with which the Congress High
Command is enamored would mean the complete destruction
of what is most precious in Islam.Mussalmans are not a
minority as it is commonly known and understood.
Mussalmans are a nation according to any definition of a
268
nation and they must have their homelands, their territory
and their state”. (More extracts are at Annexure #3) .
6.4 Dr. Ambedkar was the only statesman besides to
some extent, Sri C. Rajagopalachari who deliberated
deeply and concluded that Muslims can never form
part of the Indian nation. Dr.Ambedkar developed
this in his masterly book, India Divided or Pakistan.
He advocated the total exchange of minority
populations between the Islamic state of Pakistan
and the secular state of India because Muslims can
never be integrated with the Indian nation. Even
the Muslim League advocated the exchange but
since Gandhiji and the Congress were hell-bent upon
keeping Muslims in India, although they asserted
that they were not of Indian nation. While Pakistan
drove out almost all Hindus and Sikhs, India is left
with the Muslims and their progeny who rioted
and voted for the division of this country. After
Independence and the death of Sardar Patel and
Rajendra Prasad, the Nehru dynasty had taken the
complete control of the Indian National Congress
and as its vote percentage was declining, it looked
to Muslims as the captive vote-bank. It has been
vilifying Hindus and parties like Jana Sangh and
the BJP as inimical to Muslims and itself as the
protector of Muslims who have once again come
to be called “minority”. Is it not shameful that when
Muslims assert that they were not a minority but a
separate nation, the Congress reverts to its
characterization of Muslims as a minority Muslims
started having great ideas of special privileges and
rights for the “minority” as they were given under
the British (separate electorate, weighted
representation; that is 33 1/3% representation for
25% population in Legislative bodies).
7. As the Congress was getting weakened, regional
parties came up and they started competing with
the Congress for the Muslim vote. Also all of them
together have brought out a situation where:
• Minority Commissions are constituted in
every Hindu majority state and at the Union
level but no Minority Commissions where
Hindus are a minority as in J&K and in north
eastern states.
• Minorities Finance Corporations
• Minority Welfare Departments
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 • Minority Educational Institutions (these are
selling 70% of the seats to Hindus and yet
claiming general entry as well as reserved
entry into non-minority that is, government
and Hindus -manged educational
institutions )
• Jawaharlal Nehru himself moved a bill for
subsidising the Muslims pilgrimage, Haj from
government coffers (this evil practice had
been extended by the Christian Chief
Minister of Andhra Pradesh for Christians’
pilgrimages to Jerusalem. Fortunately,
challenged by a PIL the Andhra Pradesh High
Court put an injunction against it)
• The UPA government appointed the Sachar
Panel which invented the great fiction of
Muslims ‘backwardness due to
discrimination by the majority community
that is Hindus. And we now have the Muslim
First programs in 90 districts where they are
in considerable numbers which will
ultimately become Muslim majority, seek
autonomy then fight for independence.
Sardar Patel integrated 600 and odd Princely
states within an year of Independence.
• Under the undefined word “secularism”
which has been smuggled into the
Constitution (along with socialism) during
the Emergency of Indira Gandhi, it has
now come to pass that all Muslims and
Christians are secular and whoever says he
is a Hindu is not secular, is communal.
8. National Security (Internal) :
8.1 India is the largest victim of Islamist zihadi terrorism,
(apart from aggressive, incendiary communal riots
which invariably start in Muslim-majority areas of
towns and cities). More than 10,000 lives have
been lost in J&K,Gujarat, UP, A P, Maharastra,
Kerala, Delhi, Punjab, Tamilandu, Karnataka ...).
There are thousands of sleeper cells which are
tasked, nourished and launched into action from
Pakistan , Bangladesh and by All Queda from
anywhere in the world. Resident non-Indians are
sheltering them, providing safe houses and
facilitating reconnaissance, targeting and finances.
Moved by religious fraternity, the hosts of zihadi
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terrorists are not, as required by loyal citizens,
revealing to the law enforcement agencies, the
identities and habitats of the zihadis. This is
treachery.
The minority (nation) is unconcerned with the
infiltration and terrorism of those infiltrators. Marriages
provide “legal” cover. If suspects are interrogated or taken
into custody, swarms of the minority descend upon police
stations and under threats of violence and intervention of
threatening MLAs (eg: MIM in Hyderabad which is the
factory and sanctuary for zihadis) and intervention of
indebted /obligated ( for votes) Ministers, free the arrested.
The “seculars”, “ Human rights”, “ civil liberties” activists
(mostly above-ground Maoists) raise a cacophony about
minority-bashing. Few are apprehended; fewer are charged
and tried and almost none, even when the Supreme Court
sentences and fixes a date for hanging the terrorist, is
punished. India is the safest place for “minority” terrorism.
Impotent and unwilling to put down zihadi terrorism India
supplicates to USA, Pakistan, Saudi Arabia, Bangladesh
etc., to catch the zihadi terrorists ! The Prime- minister
routinely expresses shock whenever a suicide zihadi
bomber kills dozens of people; declares zero tolerance to
terrorism ( for the period when the next blast comes),
assures that no more bombings will take place and declares
solatium for the bereaved. This is all too shameful.
8.2 Right way to deal with zihadism:
• Blow up the houses where zihadis lodged and
sheltered.
• Declare the hosts as traitors and strip them
of citizenship.
• Since the zihadis ( and Maoists are by their
own assertion) are at war with the State of
India, treat them as enemy soldiers in combat;
there can be no civil or human rights to enemy
soldiers at war.
• Form an all-minority (police) intelligence unit
in every state, tasked to collect intelligence
about the zihadi terrorists and their
infrastructures.
• Stop the funding of mosques and Madrassas
by Saudi Arabia and such fundamentalist
States.
• State & government must be religion -blind
when applying law.
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 • Impose collective fines on vandals & their
support structures
• Constitute vigilance groups to report on
infiltrators & illegal residents
• Marriages with foreigners must have prior
approval of government
• Returns from Saudi Arabia and other Gulf
countries must be compulsory de-bried
9. What Can We Do ?
It is necessary that there is a Hindus Nationalist
Party . The BJP which has come out of the Bharatiya
Janasangh has become another “secular” party in and out
of season asserting that it is secular. It is also having
“minority cells” thus perpetuating the separateness of
Muslims from the rest. There are Christian Democratic
Parties in Germany and Italy which have been ruling those
countries. Here in India, there is a Muslim League and a
Muslims Ithehadul Muslameen and several such outfits to
protect the interests of Muslims. To protect the interest
of Hindus it is necessary that there is a Hindu national
party.
What are the dangers to Hindus from Muslims
who used to be about 10% after partition of India. They
are now anywhere between 15% to 20% and their fast
breeding continues. It appears that with differential birth
rates between the two communities Hindus will be reduced
to minority and to impotence much earlier. In Kerala, the
Hindu population of 65% in 1951 have come down to
51%. It will under 50%very soon as Muslims ( and
Christians) are furiously proliferating. In order to check
this, Indian must enforce a two-child norm for all families
and withdraw every welfare and every privilege and
consideration for the entire family which has more than
two children and as soon as the third child is born.
• All the minority commissions and minority
educational institutions, Minority Finance
Corporations, Minority Welfare Departments
should be abolished. In a open democratic
society, minorityism based upon religion or
language should not be perpetuated by state
measures.
• The Common Civil Code as envisaged in the
Constitution must be enacted.
• Art-370 should be abolished and J&K
integrated with the rest of India like any
270
other former princely states. In fact, it
should be broken into three states - Kashmir
Valley, Jammu & Laddak. Laddakh may be
Union Territory and Jammu may be a full -
fledged state like Himachal Pradesh or
Uttaranchal.
• State should not in any way assist the purely
religious schools like Madrasas of Muslims.
• The Haj subsidy for Muslims ‘ pilgrimage to
Macca should be withdrawn
END
Annexure#1
Warnings of History
(Excerpts from Dr K.M.Munshi’s Book)
(Headings and sentences in brackets are my insertions -
Dr T.H.Chowdary )
What are the forces which led to the rise or fall of
nations? How do nations rise and fall? That implies another
enquiry: What are the factors which go to make a virile
nation? When do they run amuck?
These factors, though often derived from
geographical compactness or the unity of language, are
not necessarily dependent on them. Men living in the same
geographical area do not necessarily make a nation. Men
speaking the same language or following the same religion
do not always make a nation. Switzerland and Canada are
multilingual nations. U.K and USA; India and Pakistan ,
though speaking the same language, are different nations.
* Foundations of a virile nation:
Three such factors are invariably found in virile
nations: common memory of achievements, will to unity,
and habitual urge to collective action.
First, the people constituting a nation have a
common memory of great heroes and exploits, of great
adventures and triumphs in the past. Japan, perhaps,
represents the finest example of ancient memories,
tenaciously preserved. The same could be said of Hindus,
but I wonder whether the same would be said about them
two decades hence.
Historic forces often have not given a common
memory to communities living in a single country; they
often look upon their past from different angles, and, in
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consequence, cannot form a nation. Hindus looked up to
Rana Pratap and Shivaji as their heroes; the Muslims
admired Mahamud Ghazni and Aurangazeb; in this
antagonistic outlook lay the seed of Pakistan . The common
memory, though limited, which we now share in India is
that of mutual influence in the past, and of freedom
struggled for and won in the present.
The British and the French in Canada, and the
French, the Germans and the Italians in Switzerland, have
short but living memories of common adventures and
triumphs sufficiently vital to make them a nation.
The USA has solved the problem in a characteristic
way. Every year foreign emigrants pour into the country,
fleeing from oppression or seeking wealth. However, due
to its educational system, in the third generation if not
in the second, their descendants acquire, as if they were
their own, the memories of Washington and Abraham
Lincoln and of the colossal achievements for which USA
stands.
In India, eleven years (by 1958 when the book
was written ; by now 63 years are wasted) have been wasted
by a sterile educational policy. Many things could have
been done in this interval to give to young men and women
a common memory of our struggle. But it was not done.
A generation ( two generations and half by now) has now
grown up which takes freedom for granted but draws no
inspiration from the way it was won.
The second factor which plays a great part in the
birth and growth of a nation is the will to national unity
in a people. Nationalism implies a sustained effort on
the part of the people to will themselves into a nation.
But who are the people? In all collective affairs of
men, we should remember, it is what Toynbee calls the
dominant minority which speak, create and leads that
counts. The masses are passive, following its lead or
submitting to its influence or coercive power. When I speak
of the will to unity, therefore, it is primarily the will of
the dominant minority that I mean.
* Dissipation of Will to Unity:
The will to national unity is hard to develop, but
easy to be dissipated. Generally it is dissipated under
certain conditions:
First, if the dominant minority has no sense of
mission as regards the future of the nation; ( non-
alignment ; undefinable socialism; pro-Muslim, Hindu-
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indifferent, if not Hindu hostile ‘secularism”, cannot be “
missions” of a nation).
Secondly, if its will to unity is fragmented by contradictory
loyalties;
(Muslims’ loyalty is non -territorial is to
transnational Islamic Umma and so they are Muslim
Indians & not Indian Moslems)
Thirdly, if it becomes psychologically alien to the
masses. (The English-medium educated, de-Indianised,
resident non-Indians)
All nations which have risen to greatness have been
characterised by a sense of mission. In Japan we found a
deep sense of mission. Its people cannot think of themselves
as a lost people; they have faith in their culture and destiny;
they have no regrets and no frustration. The dominant
minority in USA has also a sense of mission to spread its
free way of life throughout the world, to combat
totalitarianism and to be in the forefront of material
achievements. It is this Pillar of Fire which leads them on
and leaves them no rest. This sense of mission we found
very highly developed in Germany. In course of three
decades the land twice came under the heels of foreign
armies and its people were desiccated as never before in
history. And yet their sense of destiny never dimmed; they
reconstructed their life long before their conquerors could
repair the ravages inflicted by victory.
The strength of Communism is not in the validity
of dialectical materialism, not in its armies and collectives,
not even in Sputniks. It lies in its intellectuals who,
intensively indoctrinated for two generations, have but
one mission in life: to fulfil what they consider to be the
predestined role of Soviet Russia in communising the
world and dominating it. The fundamental problem of
the world therefore is whether what is called the “Free
World” can produce a matching sense of mission .
This sense is perhaps at its white heat in little
Israel. Men and women come there from different parts
of the world. Often they do not know any common
language. Israel itself is suspended precariously over the
mouth of a volcano-Arab hatred ( India is at the mouth of
the Volcano of Pakistani hatred). And yet they are
convinced that this little patch of a desert is their “Promised
Land”; that their race is pre-destined to an honoured place
among the nations. Their passionate faith in eh Jewish
nation therefore is a burning flame welding them together.
IT drives them to perform the superhuman task of making
271
ancient Hebrew a modern bond of unity ( while we in
India denigrate Sanskrit, the mother of all our and Europe’s
languages) and face the potential disasters with the
indomitable calmness of a God-inspired mystic.
* We developed a sense of Mission during the struggle
for freedom
During the last hundred years when we were
struggling for freedom, the dominant minority of India
had developed a sense of mission. We believed in our right
to be true to our own culture; in our duty to suffer and, if
need be die for freedom; in our destiny to be free in order
that, with the aid of our spiritual heritage, we could
redeem mankind. ( as a Jagatguru)
If our sense of mission weakens,- as it has been of
late-that is, if we cease to be true to ourselves and our
culture; if we lose confidence that we have a great role to
play in history; if we come to look upon ourselves as a
miserable, weak and poor people with no pride in our
past and no faith in our future-our outlook will cease to
be positive. Frustration, disappointment or despair will
seize us. Disintegration will follow. (The 90 Muslim First
Sachar designed districts are as many Pakistans in the
making)
However, the Indian mind through the ages had a
deep sense of mission, and sooner than we realise, the
younger generation will recapture it. (Will it? In A P Samuel
Rajasekhara Reddy did away with Telugu as medium of
instruction in schools to de-Indainise the young)
* Degenerate dominant minority:
Take the second condition. If a large section of
the dominant minority prefers caste, region, linguism or
religion as the object of paramount loyalty, the will to unity
will be fragmented . In all countries, most people who
constitute the dominant minority have a variety of loyalties;
loyalty to one’s family, to one’s caste or class, to one’s region
or language, to one’s religion and to one’s nation. In a
property inter-related scheme of loyalties, the loyalty to
the nation should dominate all other loyalties. That has
been so in Germany and Japan and that is the cause of
their rise even after their catastrophic collapse in World
War II.
The process going on in our country for the
moment deserves serious attention. In the past, the Hindus
had a superior loyalty to their religion, to Aryavarta-the
Karma Bhoomi-in which they were born. But this group
272
loyalty is being displaced by Indian nationalism and almost
in the hour of victory, it, as well as the new nationalism,
are being undermined by loyalty to the caste or the region.
Prophets of disintegration are talking about nationalities
in India [Communist Party (Marxist) Com. Yechuri
repeatedly asserts that India is a country of many
nationalities. In Andhra Pradesh, in Khammam area there
is the Communist Party of the United States of India!
not the Indian nation]. In search of regional selfishness we
are also apt to forget our paramount loyalty to the country
as a whole. (Some politicians and intellectuals are saying
that the Telugu-speaking people of Telangana are different
from the rest of Andhra Pradesh. In their hatred, they are
expressing love and admiration to the Muslim Nizam’s
rule under which Telugu was suppressed and 90% jobs
were for the 10% Muslims) .
A pessimist would think that we are reverting to
the pre-Akbar period, when region warred with region and
all of them opened the gates to slavery. However, this is a
passing phase; but it will pass only if the fundamental
devotion of the average Indian to the Motherland is so
strengthened that it will sweep away the caste or regional
loyalties. We will have to go through distressing trials if
this does not happen in the immediate future. (Now
Telangana versus Seemandhra Assamese versus Bengali’s &
Hindus)
* Conquering culture colonises the mind:
The third condition arises from an impact of a
conquering culture upon another. It raises no problems in
the USA and the countries of Europe, for there basically
the outlook of the dominating minority and the masses
is the same, for the leaders have drawn inspiration from
the soil. (Do Muslims and Christians place motherland
above their religious community; Muslims refuse to sing
Vandemataram)
In India and in several countries in Asia, however,
the outlook of the dominant minority which has grown
up under the influence of an alien culture ( these are the
outcome of the western mainly British education ,
introduced by Macaulay who wrote the following notorious
Note, in 1835 for the House of Commons of Great Britain:
“I have travelled across the length and breadth of India
and I have not seen one person who is a beggar, who is a
thief. Such wealth I have seen in this country, such high
moral values, people of such caliber, that I do not think we
would ever conquer this country, unless we break the very
backbone of this nation, which is her spiritual and cultural
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heritage and therefore I propose that we replace her old
and ancient education system, her culture with
ENGLISH!!!! ) which tends to differ from that of the
masses. As a result, the minority is no longer emotionally
responsive to the urges which characterise them, as it speaks,
thinks and acts under the influence of an alien outlook;
the masses also do not feel a sense of identity with it.
Once this situation arises, the dominant minority, however
active, is looked upon as alien and the will to unity becomes
weak...
It was expected that, after freedom , our dominant
minority, following the Gandhian lead, would maintain
this sense of identity with the Indian masses. Unfortunately,
a new class (Macaulayans, Nehruvian socialist and secularist
and Marxist ) has sprung up which again speaks in Western
terms and seeks to force Western experiments on our people
while this class complains that the masses do not respond
to its call, it does not see that the fault is its own. It has
not learnt to reflect the mind of the masses. It does not
know the idiom of their life. IT is too deeply engrossed in
leading, directing and organising from a higher pedestal.
It does not realise that the aliens, though they may not be
in blood and religion but only in feeling and thought, could
only enforce a change, they could never inspire it. That is
why the ruling class in many countries finds the
Communist technique of coercing the masses to their way
of living so handy.
The Last Factor of great importance which goes
to make a vigorous nation is the capacity of the people for
collective action.
The will to national unity is sustained only when
the people are led, time and again, by the dominant
minority to act with a common motive. The will when
untranslated into action is only a morbid sentiment. Lurid
examples of such sentiment having dominated us in the
past can be easily found in our history.
In the past, for instance, we dreamt of an Aryavarta
and a Vikramaditya for centuries but it did not generate
power to take collective action When Prithviraj Chauhan
fought Mohamed Ghori on the North-West Frontier, the
rest of Hindu India looked on, and some of his Hindu
neighbours nibbled at his home territory. (Just as Muslim
residents of India are unconcerned with what Pakistan is
doing in Kashmir and communists are unconcerned wit
what China is wanting to do and doing in Arunachal
Pradesh, Aksai Chin& Laddakh)
Platinum Platform
If any man knew the secret of inspiring collective
action, it was Gandhiji. Not only he gave us a sense of
mission but led us to spin in a mass, to learn Hindu and to
invite Harijans into our temples, to break laws and go and
herd ourselves in jails.
In recent years, the dominant minority (
Macaulayan Indians, Nehruvian socialist and secularists
and Marxists, the fellow -travelling “eminent” historians
centered around the Jawaharlal Nehru University) in India,
with its sense of mission weakened, has failed to inspire us
to collective action. At one time I thought that tree planting
would become a spontaneous national movement as in
Japan; our officers, too superior to care for mass reaction,
saw to it that it just lapsed back into a forest department
activity.
END
Annexure#2
As early as in 1888, that is just 3 years after the
Indian National Congress was founded, Sir Sayyed
Ahmed Khan the first tallest western educated Muslim
of India made a speech in Meerut on 16th March 1888
asserting that Muslims are a separate nation. He advised
the Muslims not to join the Indian National Congress.
His speech was titled “One Country Two Nations”. Here
are excerpts.
In whose hands shall the administration and the
Empire of India rest? Now, suppose that all English, and the
whole English army, were to leave India, taking with them all
their cannon and their splendid weapons and everything, then
who would be rulers of India? Is it possible that under these
circumstances two nations — the Mahomedans and the Hindus
— could sit on the same throne and remain equal in power?
Most certainly not. It is necessary that one of them should
conquer the other and thrust it down. To hope that both could
remain equal is to desire the impossible and the inconceivable.
At the same time you must remember that although the number
of Mahomedans is less than that of the Hindus, and although
they contain far fewer people who have received a high English
education, yet they must not be thought insignificant or weak.
Probably they would be by themselves enough to maintain
their own position. But suppose they were not. Then our
Mussalman brothers, the Pathans, would come out as a swarm
of locusts from their mountain valleys, and make rivers of blood
to flow from their frontier in the north to the extreme end of
Bengal. This thing — who, after the departure of the English,
273
would be conquerors — would rest on the will of God. But
until one nation had conquered the other and made it obedient,
peace could not reign in the land. This conclusion is based on
proofs so absolute that no one can deny it.
They (Bengalis,Hindus) are altogether ignorant of
the method by which a foreign race can maintain its rule over
other races. Therefore reflect on the doings of your ancestors...
Oh! my brother Musalmans! I again remind you that
you have ruled nations, and have for centuries held different
countries in your grasp. For seven hundred years in India you
have had Imperial sway. You know what it is to rule...
He who had read the Koran and believes it, he can
know that our nation cannot expect friendship and affection
from any other people. At this time our nation is in a bad state
as regards education and wealth, but God has given us the
light of religion, and the Koran is present for our guidance,
which has ordained them (the British) and us to be friends.
Now God has made them rulers over us. Therefore we should
cultivate friendship with them, and should adopt that method
by which their rule may remain permanent and firm in India,
and may not pass into the hands of the Bengalis (i.e Hindus)
.
END
Annexure#3
Md.Ali Jinnah ( b. 25 Dec 1876 d. 11 Sept
1948) who is identified as singularly responsible for the
division of India and creation of the Islamic state of
Pakistan, had in his famous March 1940 in Lahore speech
to the Muslim League when it adopted the Pakistan
resolution, once again asserted that Muslims are a separate
nation, separate from Hindus and other non – Muslims.
Here are excepts from his speech.
much smaller than the sub-continent of India, which otherwise
might have been called one country but which have been
divided into as many states as there are nations inhabiting
them. The Bulkan peninsula comprises as many as seven or
eight sovereign states. Likewise, the Portuguese and the Spanish
stand divided in the Iberian Peninsula Whereas under the
plea of unity of India and one nation which does not exist, it
is sought to pursue here the line of one central government
when we know that the history of the last twelve hundred
years has failed to achieve unity and has witnessed, during
these ages, India always divided into Hindu India and Muslim
India. The present artificial unity of India dates back only to
the British conquest and is maintained by the British bayonet
but the termination of the British regime, which is implicit in
the recent declaration of His Majesty’s government, will be the
herald of the entire break-up with worse disaster than has ever
taken place during the last one thousand years under Muslims.
Surely, that is not the legacy which Britain would bequeath to
India after 150 years of her rule,nor would Hindu and Muslim
India risk such a sure catastrophe.
END
* * * * *

Notwithstanding thousand years of close contact,

nationalities which are as divergent today as ever cannot at
anytime be expected to transform themselves into one nation
merely by means of subjecting them to a democratic constitution
and holding them forcibly together by unnatural and artificial
methods of British Parliament statutes. What the unitary
government of India for 150 years had failed to achieve cannot
be realized by the imposition of a central federal government
.
History has presented to us many examples such as
the Union of Great Britain and Ireland, Czechoslovakia and
Poland. History has also shown to us many geographical tracts,

274 Platinum Platform

 Constitution, State and Status of Hinduism
In April 2009, about 1.75 lakh devotees assembled
at the Parade Grounds, Secunderabad and sang in chorus
Sri Annamacharya’s devotional lyrics. The Guinness officials
present on the occasion instantly announced that it was a
world record in mass chorus. About 50 lakh devotees visit
Sri Ayyappa temple in Sabarimalai in far south every year.
Two crore Hindus worship at Tirumala every year – the
highest for any shrine in the world. We also have before us
the great spectacle of lakhs of Hindus trekking to Amarnath
in Kashmir, braving jehadi terrorists, to have a darshan of
Hima Lingam. Vaishnavo Devi in Jammu too attracts lakhs
of Hindus. No where in the country Durga Puja is being
celebrated with such gaiety and devotion as in communist
dominated West Bengal. The Maha Kumbha at Prayag,
Jagannath festival at Puri too attract devotees, not in lakhs
but in crores.
A vibrant Hinduism is visible in its magnificent
form in every quarter of the country - at Kashi, Kanyakumari,
Badarinath, Dwaraka, Kamakhya, Kanchi, Sringeri,
Triambakam, Palani, Pandaripur, Omkareswar, Haridwar,
Gaya, Srisailem, Dakhineswar and at innumerable sacred
places. The chanting of Vedic hymns reverberates from every
mountain peak and from the ghats of every river.
The 850 million Hindus across the country still
cherish a unifying culture. They follow a great tradition
handed over from generation to generation since times
immemorial.
But this is not all. There is another face of Hindu
society as well which causes anguish and deep concern.
The state, bureaucracy, political class and media
indeed are discriminative against Hinduism and hostile in
varying degrees. Among them, media has been the most
venomous and contemptuous.
In several countries, minorities are still struggling
to get status equal to that of the majority. But strangely in
India the majority is being ruthlessly suppressed and status
equal to that of minority is being denied to them by the
State. In no other country, a prime minister would say that
minorities have the first right on nation’s resources. In no
other country a statutory commission would ask for head
count in armed forces on the basis of religion with the sole
objective of depicting the majority community in bad light.
In no other country lakhs of people belonging to majority
community become refugees in their own land and languish
*Professor (Rtd.), Geo Physics, Osmania University, Hyderabad.
Platinum Platform
- Dr. S.V. Seshagiri Rao*
in shanties for decades together.
True, often it was only the Constitution that came
to the rescue of Hindutva besieged on all sides by vote bank
centric and pseudo-secular political elements. It goes to the
credit of Supreme Court for pronouncing that Hindutva
was not a term of religious denomination but ‘was used and
understood to mean Indianization.’ (12 December 1995)
Despite such a categorical statement by the Apex Court, the
communal label stamped on everything Hindu remains
intact. The siege of Hindutva continues.
The siege aims at undermining the Hindu majority
in territory after territory. With the Hindu majority gone in
a state or district, the great culture, values, way of life –
Hinduism itself - gradually disappears. That is what we
witness today in Mizoram, Meghalaya, Nagaland,
Lakshadweep and Kashmir. A battered Hinduism exists today
in Kerala or in the coastal corridor of Andhra Pradesh. The
original shine was lost with the depletion of numbers.
Conversions hurt Hinduism :
Since Independence, the Constitutional provision
for religious freedom is being abused as an instrument of
mass conversions by organizations such as the International
Missionary Council. Primarily, the targeted groups were
those living in hills and Scheduled Castes. In the case of
tribals, conversions face no hurdles since the Constitution
guarantees reservations even after change of religion.
Conversions are brought about by inducements and by
exploiting the internal weaknesses of Hindu Society such as
untouchbility and social oppression. Enormous sums of
money flow into the country for proselytization under the
guise of humanitarian aid to educational institutions,
hospitals, orphanages, and NGOs. Also utter neglect of
development and lack of social welfare in tribal belts provided
a fertile ground for mass conversions by the forces of
evangelization.
Madhya Pradesh was the first State to wake up to
this assault on Hindu society. A Committee was appointed
in 1954 under the Chairmanship of Dr. Bhawani Shankar
Niyogi, former Chief Justice of High Court at Nagpur. The
Committee made 19 recommendations of which the
following two are very significant:
“An amendment to the Constitution of India may
be sought, firstly to clarify that the right of propagation
has been given only to the citizens of India and secondly
275
that it does not include conversion brought about by force,
fraud or illicit means.” (Para 91, Vol.I of the Report)
“Suitable control on conversions brought about
through illegal means should be imposed. If necessary
legislative measures should be enacted.” (Para 92, ibid.)
Three States, Orissa (1967), Madhya Pradesh
(1968) and Arunachal Pradesh (1978) enacted specials laws
prohibiting conversions through fraudulent means. However,
the bureaucracy had never took these Acts seriously and
deliberately defeated the objectives.
While upholding these Acts, the Supreme Court
said (1977); “What is freedom for one is freedom for the
other in equal measure; and can therefore be no such thing
as a fundamental right to convert any person to one’s own
religion.”
On the question of legislative competence, the court
was of the opinion that since any attempt at conversion was
likely to result in a breach of public order affecting the
community at large, the State legislatures would have the
competence to enact legislation which is likely to avoid
disturbances to the public order by prohibiting conversion
from one religion to another in a manner reprehensible to
the conscience of the community.
Yet, no State came forward since 1978 to control
illegal conversions. The attempt made in Tamil Nadu a few
years ago, ended in a fiasco. The AIDMK Government boldly
brought forward Prohibition of Forcible Conversion of Religion
Act on 31 October 2002. The mighty conversion lobby,
supported by their powerful international alleys, launched a
country wide agitation. The media extended its full support
to the campaign. The AIDMK Government finally withdrew
the provision just before 2004 elections. for obvious reasons.
Only voluntary organizations such as Vanavasi
Kalyan Ashram are preventing conversions to some extent
with their humanitarian and service projects in tribal regions.
They face great risks. More than the forces of conversion
the media step in to frustrate their efforts. Swami
Lakshmanananda Saraswati, 82, who had been working for
the welfare of tribals in Kandhamal district of Orissa for the
past 40 years, was shot dead on 23 August 2008 by assassins
hired by Christian Missionaries
SC Status for Dalit Christians – A Sinister Demand :
Ever since the National Convention of Catholics
held in June 1989 (Bombay) included the preposterous
demand of granting SC status to dalit Christians on its
agenda, the debate has picked up momentum. The malafide
intention of the demand is too naked; they want to wean
away the entire SC community from Hindu society. It
declared 1990s as a decade of agitation. In November 1995,
the Catholic Bishops Conference of India took to dharnas,
276
fasts and closure of their schools. Gradually the ‘secular’
political parties lent their support to the sinister demand.
The Central Government had yielded to these
pressures and a Bill was prepared in 1996 to grant SC status
for Dalit Christians. The move was dropped after it received
stiff opposition from the SC & ST Commission.
Undeterred by such setbacks, the Missionaries
continued their agitation through several of their outfits.
Finally the UPA Government came forward and appointed
Justice Rangnath Mishra Commission on 28 September
2005.
As anticipated, the Rangnath Mishra Commission
recommended:
“We recommend that para 3 of the Constitution
(Scheduled Castes) Order 1950 – which originally restricted
the Scheduled Castenet to the Hindus and later opened it
to Sikhs and Buddhists, thus still excluding from its purview
the Muslims, Christians, Jains and Parsis etc. – should be
wholly deleted by appropriate action so as to completely
de-link the Scheduled Caste status from religion and make
the Scheduled Castesnet fully religion neutral like that of
the scheduled tribes.” (16.3.6)
“We further recommend that as the Constitution
of India guarantees freedom of conscience and religious
freedom as a Fundamental Right, once a person has been
included in a Scheduled Caste list a willful change of
religion on his part should not affect adversely his or her
Scheduled Caste status – as that would in our opinion
conflict with the basic constitutional provisions relation
to equality, justice and non-discrimination on religious
grounds; as also with the spirit of the old and time-tested
Caste Disabilities Removal Act of 1980.” (16.3.7)
It is strange that Justice Rangnath Mishra
Commission could make such recommendations despite the
fact that repeatedly the Supreme Court and High Courts
had struck down earlier the measures initiated by various
states in this regard.
In 1986, a Supreme Court Bench of three judges
headed by Chief Justice P.N.Bhagavati rejected the plea of
the converted Christians that the Presidential Order of 1950
was unconstitutional and said: “The depressed classes of
the Hindu and the Sikh communities suffered from
economic and social disabilities and cultural and
educational backwardness so gross in character and degree
that the members of those castes in two communities called
for the protection of the Constitutional provisions relating
to the Scheduled Castes. The declaration incorporated in
paragraph 3 deeming them to be members of the Scheduled
Castes was a declaration made for the purpose of the
Constitution.”
Platinum Platform
 While disposing of a similar petition in 1976, a
division bench of Andhra Pradesh High Court stated: “It
must be emphasized that what matters for the purpose of
Clause 3 of the Presidential Order is the question of
profession of a religion in the sense explained by the
Supreme Court decisions mentioned above. He must
belong to Hindu religion and must profess that religion in
that sense.”
With utter contempt to the spirit of the
Constitution, the Andhra Pradesh State Assembly passed a
resolution on 25 August 2009 urging the Central
Government to amend the Constitution to extend SC status
to Dalit Christians and Dalit Muslims. There is an all round
apprehension that Rangnath Commission’s
recommendations may be implemented soon unless masses
come forward and put pressure on the Government.
Reservations based on Religion :
Barely two weeks after partition, on 28 August
1947, Naziruddin Ahmed of Muslim League audaciously
argued in the Constituent Assembly in favor of communal
reservations. He warned that the Hindus would lose the
affection of the younger brothern if this demand was not
conceded. Sardar Patel vehemently countered him: “I am
prepared to lose it, because otherwise it would prove the
death of elder brother…We don’t want the country to be
divided again.”
Such a clear policy on communal reservations by
the Constitution fathers was dumped in dustbin by several
state governments. Tamil Nadu, Karnataka and Kerala have
reserved quotas for Muslims in educational institutions and
jobs.
The AP Government issued G.O. MS No.33 on
12 July 2004 announcing 5% reservations for Muslims by
creating a new category E under Backward Class. A special
Bench of AP High Court struck down the G.O in September
2004. A Commission was appointed by the Government to
study the Backwardness among Muslims. Based on the report
of the Commission the Government promulgated an
ordinance on 21 June 2005 reserving 5% of seats in
education and government jobs for Muslims. This Ordinance
too was struck down by a five-member bench of AP High
Court on 7 November 2005. Justice V.V.S Rao observed,
“religion specific classification is unconstitutional and
illegal.” Justice Raghuram described the manner in which
reservation was implemented as “crude camouflage to shield
what is clearly a necked and exclusively religion-based
programme.” (The Hindu, 8 November 2005). Subsequently
the BC Commission took up public enquiry and submitted
a report. On 3 July the State Government promulgated
another ordinance reserving 4% for Muslims. A five member
Platinum Platform
Bench of AP High Court again struck down the Socially
Educationally Backward Classes Act 2007. on 8 February
2010, observing that the Act ‘is religious specific and
potentially encourages religious conversions.” (The Hindu,
9 February 2010)
Demographic Aggression in the form of Infiltration :
The IMDT (Illegal Migrants Determination by
Tribunal) Act of 1983 was the contemptuous response of
the Indian State to the prolonged agitation by the Assamese
against illegal infiltration from across the border. Assamese
felt that they were on the verge of becoming minority in
their own homeland. Their fertile char lands were already
swamped by hordes from Bangladesh. The Act opened the
flood gates for further massive infiltration of non-Hindus
into Assam and Tripura. The IMDT Act vandalized Assam
for 22 years before it was struck down by the Supreme Court
on 12 July 2005.
The Apex Court made the following observations:
“The Act and the rules made there under created the biggest
hurdle to identification and deportation of illegal
migrants…The IMDT Act is coming to the advantage of
such illegal migrants as any proceedings almost entirely end
in their favor, enables them to have a document having
official sanctity to the effect that they are not illegal
migrants.”
“The IMDT Act and rules clearly negate the
constitutional mandate contained in Article 355 where a
duty has been cast upon the Union of India to protect every
State against external aggression and internal disturbances.”
“The presence of such a large number of
immigrants from Bangladesh, which runs into millions, is
in fact an aggression on Assam and has also contributed
significantly to causing serious internal disturbances in the
shape of insurgency of alarming proportions… the
aggression made the life of the people of Assam wholly
insecure and the panic generated thereby created a fear
psychosis…This hampered the growth of Assam though it
had vast natural resources.”
“The large scale illegal migration not only affected
Assam but also the other northeastern States as the route
to these places passed through Assam. The influx of
Bangladesh nationals into Assam posed a threat to the
integrity and security of the northeast…their presence
changed the demographic character of the region and the
locals of Assam were reduced to a minority in certain
districts,,,Their (Illegal migrants’) presence in huge
numbers affected the language, script and culture of the
locals.” (The Hindu, 14 July 2005)
Meanwhile, Golpara, Barpeta, Dhubri, Hailakandi,
Karimgunj, Naogoan, Marigaon have lost Hindu majority.
277
Infiltrators could set up their own political party, became
MLAs and ministers. Similarly two districts in West Bengal
and one district in Bihar bordering Bangladesh have lost
their Hindu majority.
Denial of Uniform Civil Code :
The way Centre brought an amendment to the
Constitution to annul the Supreme Court Judgment in Shah
Bano case exposed the anti-Hindu stance of the ruling class.
In April 1985, the Supreme Court granted maintenance
allowance to Shah Bano from her husband who had divorced
her, upholding the earlier judgment by the Madhya Pradesh
High Court. The Muslims launched an agitation all over
the country protesting that the judgment was against Shariat
and tantamount to interference with the rights of the
minorities. They burnt the effigies of Chief Justice
Chandrachud. Z.A.Ansari, a minister in Rajiv Gandhi’s
government audaciously told the Lok Sabha: “The Chief
Justice of the Supreme Court was too small a person to
interpret the Holy Book or any other religious book.” Noted
jurist V.R.Krishna Iyer observed “It is a shock and shame
that the nation should witness in mute futility, the fatal stab
on the Supreme Court, inflicted by a Muslim Minister from
within the impregnable sanctuary of Parliament.” (The
Hindu, 23 December 1985)
Eminent jurists had met in Delhi on 4 March 1986
and warned the State which was bent upon amending Sec145
CrPC to annul the Supreme Court Judgment: “The Bill
violates comprehensively in letter and spirit, the values of
the Preamble to equality, fundamental rights and directive
principles. The Bill also violates the international
declaration and covenants on human rights to which India
is a party. It is derogatory to the dignity of Muslim
Women.” Without heeding to such saner advice the
Government got the Muslim Women (Protection of Rights on
Divorcee) Bill passed by the Parliament in April 1986.
Article 44 (Directive Principles of State Policy) of
the Constitution says: “The State shall endeavor to secure
for the citizens a uniform civil code through out the territory
of India.” But no government since 1950 took Directive
Principles seriously. On 10 May 1995, while declaring illegal
the second marriage performed by a Hindu husband after
embracing Islam, the Supreme Court observed, “Successive
Governments till date have been wholly remiss in their
duty of implementing the constitutional mandate under
Article 44 of the Constitution of India.” Eight year later,
on 23 July 2003, a three member Bench of the Supreme
Court, said: “It is a matter of regret that Article 44 of the
Constitution has not been given effect to. Parliament is
still to step in for framing a common civil code in the
country. A common civil code will help the cause of national
integration by removing the contradictions based on
ideologies.”
278
After Shah Bano amendment the All India Muslim
Personal Law Board (AIMPLB) emerged an extra-
constitutional authority. It has no legal status, yet successfully
exerts pressure on the Governments. The AIMPLB has
appointed a committee in 2002 with total impunity, to study
the “interference” of courts in Shariat Law.
The Government of Andhra Pradesh brought a
welcome legislation in March 2002 making the registration
of all marriages compulsory. In no way it was against any
religion. Yet, several organizations of Muslims launched an
agitation against the Act. The State again yielded to the arms-
twisting tactics of minorities and exempted the Muslims from
the Act
Attacks on the Roots of Hindutva :
With Jawaharlal Nehru at the helm after
independence for 17 long years, the Marxists got an
opportunity to attack Hinduism using State institutions.
Films, fiction, plays, curriculum, etc invariably were loaded
with varying doses of anti-Hindu sentiment... This
prolonged campaign of indoctrination with the tacit support
of the State created a strong bias in the mind of middle class
against Hindu ethos. During the first decade of freedom,
the portfolio of education was under Moulana Azad. During
his tenure huge amount of public money was spent to
denigrate nationalism and Hindutva under the guise of
writing the History of Freedom Movement.
Over years anti-Hindu operatives were able to create
‘committed’ IAS cadre, ‘committed’ artists, ‘committed’
judges and ‘committed’ media. They have taken control of
the Union Public Service Commission (UPSC) by late 1960s.
In the UPSC examinations, candidates were encouraged to
pick up answers from the falsifications of Marxist historians
like D.D.Kosambi, Romilla Thapar, Bipin Chandra. UPSC
interview panels were filled with hardcore Marxists. In no
time the so called ‘Steel Frame’ turned anti-Hindu. The
NCERT recast the syllabi of school education in the anti-
Hindu and pro-Marxist format by 1971.
Ever since it came into being, the Jawaharlal Nehru
University (JNU), took upon demolition of Hindu thought
and ethos as its mission. A large number of institutions
funded by the Central Government have turned into
trumpets of anti-Hindu propaganda. Marxist and anti-
Hindu academics had captured the Indian Council of
Historical Research (ICHR) and Indian Council of Social
Sciences Research (ICSSR) etc.
It would not be exaggeration if one describes that a
pall of gloom has descended on Hinduism as never before.
Vote bank politics and pseudo secularists thrash Hinduism
every day. It was pushed into secondary status. Hinduism in
India loses its shine on each passing day.
* * * * *
Platinum Platform
 Our Derailed Democracy
The Task of Putting it back on Rails
“True democracy cannot be worked by twenty
men sitting at the Centre. It has to be worked from below
by the people of every village.” Gandhiji
Sixty three years may not mean much in the
history of a country with a past of thousands of years.
Still, for a country that suffered for hundreds of years at
the hands of alien rulers and marauding invaders, the
attainment of independence by peaceful means which was
described as ‘the greatest mass movement’ in the history
of the modern world was no ordinary achievement. That
was why Jawaharlal Nehru described the great moment as
a ‘tryst with destiny’ and in unforgettable words he said:
“At the stroke of the midnight hour when the world sleeps,
India will awake to life and freedom…. The achievement
we celebrate today is but a step, an opening of opportunity,
to the greater triumphs and achievements that await us….”
Nehru clarified the achievement and the goal in equally
memorable words on the occasion. “Freedom and power
bring responsibility …. The service of India means the
service of the millions who suffer. It means the ending of
poverty and ignorance and disease and inequality of
opportunity. The ambition of the greatest man of our
generation has been to wipe every tear from every eye.
That may be beyond us, but as long as there are tears and
suffering, so long our work will not be over…. And so we
have to labour and to work, and work hard, to give reality
to our dreams.” These famous words of Jawaharlal Nehru
spoken at the midnight hour of that historic day sixty two
years ago are as relevant today as they were then. Explaining
the foundation of Indian polity Sir Ernest Barker wrote it
was “the mixture was one between a great Indian tradition
of devout and philosophical religion and the western
tradition of civil and political liberty in the life of the
community. Gandhi was the great bridge.”
At the dawn of independence there were 330
million people in India, as many people as there are today
living under the poverty line! Every year 18 million new
mouths are to be fed, a number equal to that of Canada’s
population. Nearly six hundred Princely States were
integrated with the Indian union in a short time in the
hope of creating a strong and united India. Today ours is
a highly fragmented society with language, region, religion
*Director, Centre for Policy Studies, Vishakhapattanam & Former Rector, AU, Waltair.
Platinum Platform
- Dr. A. Prasanna Kumar*
and caste being used to foment hatred and rivalry among
the people at all levels. On January 26, 1950 India’s
Constitution promised to provide free and compulsory
education to every boy and girl under 14 within ten years
of the making of the Constitution. Sixty years after that
there are today nearly a hundred million children who
have never been to school. Many of these children have
been driven into the streets to earn their livelihood and
experts warn that India will have the highest number of
street children in the world by the end of the century,
besides the other dubious distinction of having the highest
female illiteracy. The neglect of the child has been one of
the serious failures of the Indian system, especially the
neglect of the girl child. In today’s world many girls become
mothers without becoming women. This is very true in
the case of India. By 20 most Indian girls become mothers
and immediately after that, the burden of looking after
the child and the husband’s family increases tenfold.
Amartya Sen rightly observed that gender inequality is a
social failure leading to other social failures. Population
growth and Maternal Mortality Rate which is much higher
in India than in neighbouring Pakistan and Sri Lanka are
two disturbing effects of this gender inequality and
women’s low social and economic status. Sad but true every
six minutes a woman is dying in India for want of medical
aid during child birth and pregnancy. Only 2.3% of our
women are in such positions as managers, officers and
administrators and hardly 1/5 of the nation’s technical
personnel are women. Therefore even 33% reservation for
women in a country where less that 5 % of women hold
seats in the legislatures is a symbolic gesture and as experts
caution us women’s problem should not be treated as a
separate problem but as a part of the general social problem.
India is a land of paradoxes. It “alternately
maddens and delights” wrote a foreigner baffled by the
‘stunning opposites’ found everywhere. Chilling poverty
coexists with vulgar opulence; tranquil meditation in the
midst of mindless violence; soaring intellect versus
fundamentalist bigotry; selfless purity of a few as against
the shameless greed and lust for power of the numerous
power-hungry politicians and corrupt officials; outstanding
achievements of a few obscured by the routine failures of
279
the many. India always promises but never performs! It is
an overcrowded country; an ‘overloaded state.’ A country
that has produced great leaders without herself becoming
great! India is today “a land dimmed by a long litany of
ills” shaken by assaults from outside and from within.
Octavio Paz wrote that “ India is an immense cauldron
and whatever falls into it is condemned to remain there
forever…a living museum.”
India’s choice of ‘simultaneous change model’ (as
Rajni Kothari explained) for achieving multi-dimensional
development placed an enormous burden on the newly
liberated country. The poor and backward country with
barely 16% of the people being literate was least prepared
for such a gigantic leap on all fronts. No country in the
history of the world undertook such a challenge of rapid
political, economic and social development in such a short
timeframe. It takes decades to develop democratic discipline
and habits. Social scientists expressed concern about the
“revolution of rising expectations” unleashed at the time
of independence resulting in “a revolution of rising
frustration” if the aroused aspirations were not fulfilled.
Myron Weiner in his article “Indian Paradox”
(1989) refers to the “far more puzzling contradiction
between India’s high level of political violence and its success
in sustaining a democratic political system,” while Paul
Brass wondered how India functioned “with a highly
competitive and distinctly adversarial system of politics.”
If Welles Hangen and others wrote on “After Nehru Who?”
“After Nehru How?” and “After Nehru What?” Selig S.
Harrison predicted the collapse of the Indian system saying
that “the odds are almost wholly against the survival of
freedom and the issue is, in fact, whether any Indian state
can survive at all.” A Consociational Interpretation of “The
Puzzle of Indian Democracy” was ably provided by Arend
Lijphart of the University of California in explaining how
“the world’s largest and most heterogeneous democracy”
successfully maintained democratic rule since 1947.
Lijphart argues that the characteristics of consociational
democracy ——1.grand coalition that includes all linguistic
and religious groups, 2.cultural autonomy for these groups,
3.proportionality in political representation and civil service
appointments and 4.a minority veto with regard to vital
minority rights——are all present in the Indian system.
He shows how India has “always had a power-sharing system
of democracy, especially strongly and unmistakably during
its first two decades of independence from 1947to 1967,
but continuing albeit in somewhat attenuated form after
about 1967.” He quotes Rajni Kothari who observed that
the Congress encompassed “all the major sections and
280
interests of the society” and that Nehru was “a perfect
example of prudent and constructive leadership in the
development of successful power-sharing systems.”
Applying the “two turn-over” test ie two democratic and
peaceful transitions of power subsequent to the creation of
the initial democratic government, India, according to
Samuel Hulington, can be considered a fully consolidated
democracy.
Freedom House scale puts India at 54 on a 100
scale far behind western democracies. The weakening of
power-sharing after Nehru and the de-institutionalization
process that was set in motion considerably enfeebled the
Indian system. As Varshney put it “Nehru had used his
charisma to promote intra-party democracy…. Indira
Gandhi used her charisma to make the party utterly
dependent on her” resulting in the weakening of the
organization. There was enough evidence to show that the
federal system, Constitutionally biased towards the Union,
was becoming more centralized. During the first twenty
years from 1947 to 1967 President’s rule was imposed 10
times but was clamped 66 times between 1968 and 1989,
during the twenty one years that followed. The decline of
the political party and Parliament and the rise of
personalized leadership at various levels imposed new
burdens on an already fragmented society. Parliament which
in the first two decades received world wide encomiums
for its role and for the quality of its debates began to lose
its prominence. For instance, the number of Lok Sabha
sittings which was 135 per year during 1952-57 came down
to 90 in the nineties and discussion on the annual budget
in Parliament which used to last more than two days lasted
only 17hours in 1997. and the decline has been considerable
since then Poor attendance of the members in general and
walk-outs and clashes, not always verbal, have lowered the
image of Parliament of India and of the state legislatures as
well. The quality of administration too has declined and
our civil services which played “a significant and indeed a
critical role in maintaining the integrity of the country and
in bringing about all the major developments” in
independent India have ceased to be an instrument of
change helping in social and economic development of the
nation. Instead, the bureaucracy has turned into a tool of
manipulative politics, either meekly serving its corrupt
political masters or slyly perpetuating its own interests
through highly questionable means. The nexus between
the two opportunistic governing classes——the politician-
bureaucrat combine as it is often referred to——has severely
eroded the confidence of the people in the integrity of
governmental institutions and public servants. Rajni
Kothari says “there is no ideological consensus but wholesale
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Criminalization of Politics; increasing Communal
orientation and highly corny of system of governance.”
The failure of the established structures of
democracy to effectively articulate the demands of the
people and satisfy their legitimate aspirations, at least to
some extent, and ‘the uneven effects of economic
development’ accentuated the social fragmentation and
political confusion. Regional leaders, as Sunil Khilnani put
it, began to grow their own ‘vernacular gardens’ while some
religious groups started giving new and communal twists
to democratic politics. Religion and caste have come to be
used for acquiring new identities in the struggle of groups
to gain access to power. The values of modern Indian state
defined by Nehru as democracy, religious tolerance,
economic development and cultural pluralism have come
under severe attack and according to Khilnani, “politics
and the state, once seen as the prophylactic that would
invigorate the country, were now seen as the disease.” The
disease threatens to become malignant if the evil of
corruption is not checked. The India of today is described
as one of the most corrupt societies of the modern world
and the warning of a philosopher that ‘what is to be feared
is not the corruption of the great but that corruption can
lead to greatness’ applies to India. As James Manor put it
“no leader in India can be both honest and powerful.”
When he was Minister T.A.Pai once said in Parliament
that “If a peon accepts money it is called “Bakshish”, if a
clerk takes money it is called “mamool” if a leader takes
money it is called ‘party fund’ and if an officer takes money
it is bribe.
Success of democratic politics depends on , among
other things, the soundness of the infrastructural facilities,
the quality of leadership, the active participation of the
people at all levels and above all the underlying value system.
The institution-building that took place in the first decade
of independent India, the able leadership that was provided
in the first two decades at both the national and state levels,
the active participation by the vast majority of the people
in all elections and the preservation of the value system
moulded by Gandhiji have been the significant
achievements of the last fifty years. The Mahatma’s concept
of non-violence has been acclaimed as India’s unique
contribution towards humankind’s quest for universal
cooperation and global peace. His crusade for Harijan
emancipation has attained broader significance implying
the emancipation of all oppressed people and women in
particular. The quintessence of the Gandhian value system
has by and large remained unaltered whatever party came
into power at the centre or in the states. On the day of
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independence, August 15, 1947 when the ministers of West
Bengal government, in a mood of understandable euphoria,
called on Gandhiji then in Calcutta dousing the communal
fires, the Mahatma cautioned those in power thus: “Be
humble. Before bearing….Now you will be tested through
and through. Beware of power, power corrupts. Do not
let yourselves be entrapped by its pomp and pageantry.
Remember, you are in office to serve the poor in India’s
villages.”
Every now and then a plea is made for major
Constitutional changes and electoral reforms in view of
the growing nexus between muscle, money and politics.
Constitutional changes like the 74th Amendment and
electoral reforms are necessary, perhaps inevitable. But the
switch over to a presidential type of government may not
help the country in tackling the problems in the Indian
context. A Swiss type of federal executive combining the
stability of the Presidential system with responsibility of
the Parliamentary system may be suitable to India. The
culture of adversarial politics must be replaced by an ethos
of consensus and accommodation. Governance is too
serious a matter to be left entirely to politicians and
bureaucrats. There is growing awareness all over the world
of the need to strengthen civil society. Gandhiji had that
vision and Jayaprakash Narayan too strove for bringing
about social transformation. The emergence of non-
governmental organizations as important adjuncts,
supplementing and complementing, if not sharing, the
work of the government is a healthy development. India
too must fall in line and encourage the growth of voluntary
organizations and non-governmental organizations.
Still, India cannot be easily summed up. Octavio
Paz says that India is ‘a reality that is far easier to delineate
than to define.’ Rajni Kothari thinks that “the most
remarkable aspect of the fifty years story has been the
almost continuous coexistence of democracy and
poverty….the people still have faith in and actually work
through the democratic process”. ….Paz cautions against
the new addictions: “Marx’s famous phrase about religion
as the opiate of the masses can now be applied and more
accurately to television which will end up anaesthetizing
the human race, sunk in an idiotic beatitude.” He warns
the affluent middle class, the ‘children of television,’ of
the effects of the ‘new opiate’ (television) and of being
indifferent to the sufferings of the many poor. Electronic
media thrives on ‘eccentric success and numbing disasters’
and as India abounds in both the media’s role could often
be ‘intrusive and arrogant.’ Like bureaucracy, electronic
media , for that matter technology must be under check,
281
not governmental but societal. Civil society must assert
itself through educational institutions, professional
autonomy and media vigilance.
Need for democratic decentralization:
“Independence must begin at the bottom. Thus,
every village will be a republic or panchayat.” Mahatma
Gandhi (Harijan July 28, 1946)
Any discussion of the Panchayati Raj system
inevitably begins with a reference to Mahatma Gandhi or
a quotation from the Father of the Nation and this short
paper is no exception to it. No Indian leader wrote so
prolifically and for so long as Gandhiji on the need for
village empowerment. True democracy would be realisable
only when the villages acquire complete control over their
resources and the goal of national development would
remain unrealizable without local development. The ironic
significance of Gandhiji’s words that ‘true democracy
cannot be worked by twenty men sitting at the centre’ lies
in the fact that the three hundred men and women who sat
in the Constituent Assembly for almost three years drafting
the Constitution, did not consider Panchayati Raj worthy
of serious attention and accordingly relegated it to the
innocuous chapter on Directive Principles of State Policy.
Jawaharlal Nehru, inarguably the architect of
Indian democracy, raised institutions with vision in pursuit
of his goal of ‘simultaneous change’ on political, social,
and other fronts. But he was ‘hesitant to Panchayati Raj
because it would be inimical to economic development.’.
His successors were as unenthusiastic as the first Prime
Minister. It was Rajiv Gandhi as Prime Minister who
“attempted to give a national dimension to the process.”
As Rudrangshu Mukherjee put it “by pursuing in earnest
the project of institutionalizing village self-governance
through Panchayats Rajiv Gandhi was carrying an idea that
was close to Mahatma Gandhi.” The speech Rajiv Gandhi
made in Parliament in October 1989 in support of the
Constitutional Amendments Bill was significant for two
reasons in particular. First as he aptly said “these
constitutional amendments are of truly historic and
revolutionary significance.” The young Prime Minister was
attempting to do what his predecessors could not and in
the process was aiming to bring in a paradigm shift in Indian
democracy. In his own words: “Our basic aim is to secure
constitutional sanctity for democracy in the Panchayats and
nagarpalikas and devolution to them of adequate power
and finances to ensure the people’s participation in the
development process.”
282
To him the amendment bills constituted “the most
significant transformation in the governance of the Indian
polity since the Constitution entered force.”
Secondly Rajiv Gandhi made a bold frontal attack
on the evils plaguing the system. In a way the Prime Minister
was owning up responsibility on behalf of the Congress
party that had been in power except for a short while for
the failure of the ruling party to strengthen the most
important third tier, the foundation of the federal system.
The indictment of the union and state governments for
failing to check corruption and other related evils was no
less forthright. Corruption, said Rajiv Gandhi, could only
be ended by giving power to Panchayats and by making
Panchayats responsible to the people.
“They are also,” asserted Rajiv Gandhi as Prime
Minister “a charter for ending bureaucratic oppression,
technocratic thranny, crass inefficiency, bribery, jobbery,
nepotism corruption and millions of other malfeasances
that afflict the poor of our villages, towns and cities. The
bills are the warrant for ending the reign of the power
brokers, of the intermediaries whom Shakespeare called ‘the
caterpillars of the commonwealth.” He claimed that the
bills would fill ‘a yawning gap in the polity.’ The Jawahar
Rozgar Yojna and the Nehru Rozgar Yojna would empower
the elected representatives of the people at the grassroots
by placing the responsibility for development
administration in their hands. The Prime Minister came
down heavily on the sluggish and corrupt bureaucracy at
the local level. The choice of harsh words deserves special
attention because the nation’s highest political leader put
his accusing finger at the officialdom for scuttling the
development process and the preventing the people from
exercising their right to actively participate in the political
process. “No longer,” warned Rajiv Gandhi “will the people
have to run from one bureaucratic closed door to another,
from one indifferent official to another. No longer will they
have to bribe and cajole their way to securing their legitimate
rights. We are bringing to an end the Kafkaesque nightmare
through which the people at the grassroots have lived. Their
problems will now be solved at their doorstepts.” Rajiv
Gandhi not only wanted to create ‘an all India system of
local self-governance’ but also a uniform system of
reservation for the disadvantaged sections though legislation
relating to it is in the domain of state powers. Rebutting
criticism about the encroachments deing attempted by the
union government onver the powers of the state
governments, Rajiv Gandhi said that care was teken ‘to
leave the state list as it is and to leave it entirely to legislature
to the draft the law on the subject and to formulate and
Platinum Platform
pass the necessary orders.’ The essential purpose, according the greatest non-violent revolution in human history that
to Rajiv Gandhi, was to ensure regularity in elections and liberated India from foreign rule. Need should not give
forestalling arbitary and prolonged suspensions. Some state way to greed.
governments viewed the amendments with suspicion and
feared a dilution of the powers because of the flow of funds BIBLOGRAPHY
the union government directly to the local bodies. S.Gopal—Jawaharlal Nehru : An Anthology,
As a result of these 73rd and 74th constitutional Oxford University Press, 1983.
amendments made in 1993 India has moved towards ‘multi- Rajni Kothari : Political in India,
level federalism’ with the democratic base of the Indian Orient Longman, 1970.
polity significantly widened. There are now 600 district Sunil Khilnani : The Idea of India,
panchayats, about 600 block panchayats at the intermediate Hamish Hamiliton, 1997.
level and 2,50,000 gram panchayats in rural India where Octavio Paz : In Light of India, The
72.2% of India’s population lives. Urban India with a Harvill Press, London, 1997.
population of 27.8% has 96 corporations, 1700 town Arendt Lijphart : The Puzzle of Indian
municipalities and 1900 nagar panchayats. 7 There are more Democracy: Consociational Interpretation,
than 3 million elected representative in local bodies American Political
including a large percentage of women and representatives Science Review, Vol.90, No.2 June, 1996.
from the weaker sections of the society. Surendra Kaushik : India’s Democratic
Economic Transformation-
Local self-governance remains the unfinished task C h a l l e n g e ,
of Indian democracy and the biggest challenge before the September-October, 1996.
world’s largest democracy. Empowering local bodies is a Rajni Kothari : The Times of India,
daunting task, probably a Sisyphean ordeal, in view of the July 28, 1997.
opposition to it from MPs MLAs and the bureaucracy as Pran Chopra : The Hindu, August
‘decentralization is an anathema to them.’ Still, the process 6, 1997.
had begun and the progress, albeit slow, is not N a t i o n a l
inconsiderable. Technology is compelling the decision Geographic, Vol.191, No.5.May, 1997.
makers to be transparent and quick in their actions. With Arendt Liphant American Political Science Review Vol 90
the younger generation being more than fifty percent of No.2 June 1966
the total population having access to information and Barry weingast American Political Science Review Vol 9
education, it is likely that the pace of progress will be quicker No.2
than before. The people at the grassroots cannot be denied S.Radhakrishnan (Ed) Mahatma Gandhi Jaico publishing
their due for long. 1956
Foreign Affiars Marshall M.Bouton May/June 1990.
The time has come for the people of India to put Ramachandra Guha-India After Gandhi Picador
their derailed democracy back on rails. Holding elections 2Great Speeches of Modern India Random House India
successfully and enabling governments to survive in office Economic & Political Weekly
are, of course, a testimony to the maturity of the people George Mathew, The Hindu 17-4-2001
and the innate strength of the system. But survival is not George Mathew, The Hindu 20-4-2003
success; nor is stability development. India, in the first ten
years described as ‘the faded golden age,’ became a role * * * * *
model for the new democracies of the world. It was ‘the
Athens of Asia’ wrote a leading western daily. One reason,
among the numerous others that began to afflict the Indian
democracy, was the disappearance of the Aristotelian virtue
of moderation from Indian politics. If dissent and debate
are vital for democratic success, moderation is the key to
human happiness and social stability. More so in this age
when people are madly running after power and wealth,
discarding a simple solution sagely given by the leader of

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 Governance –Reaching Villager
"Yeesavasya midam sarvam yatkincha jagatyam
jagat tena tyakeina
bhunjeetha maa grudhah kasya swi raddanam"
– first sloka of Yeesopanishat
The heart and soul of India, i.e Bharath , lie in
the myriad villages spread over the length and breadth of
the country. In another sense there is no exaggeration that
India lives in its 6, 38,588 villages spread over 32.87 lakh
sq. kms. These facts are incontrovertible for many more
coming years. Unfortunately, after we attained freedom
from the British colonial rule in 1947, we lost 78,114 sq.
kms to Pakistan and 5,180 sq kms to China gifted again
by Pakistan. Both these areas are lost and they continue to
be disputed areas even after 50 to 60 years. There was not
much progress in resolving the problems of the disputed
territory under illegal occupation of Pakistan and China.
Initial Planning to retain Rural Character:
Immediately after we won Freedom the then great
patriotic visionaries like the first prime minister, Jawaharlal
Nehru, in consultation with great intellectuals
contemplated as to how to shape the future of India. Thus
the collective wisdom of our freedom fighters and
intellectuals gave birth to our approach to the planned
development which took the final form as “The Planning
Commission”.
At that time the main focus was to strengthen
village economy, which implies rural based activities like
agriculture, animal husbandry, public health, village and
small industries such as Kadhi and Village Industries,
modern small scale industries with semi automation, coir,
sericulture, handicrafts etc. The choice was deliberate
because at that point of time capital, technology and skills
were the major constraints for industrialization. We have
abundance of labour and materials available mostly in the
rural areas apart from traditional rural arts and crafts and
avocations such as carpentry, black smithy, handloom
weaving, cobbling and variety of handicrafts which are
native and exclusive to India.
*Indian Economic Service (Rtd), Vishakhapattanam.
284
- C. Sunder Rao*
Besides in those initial years’ agriculture and animal
husbandry including rearing of milch cattle, sheep and
goats, poultry etc were the mainstay of rural population
which accounted for about eighty percent of the country’s
population. In those days unlike the present times village
community was more cohesive and inter dependent even
for their day to day living. On both auspicious and
inauspicious occasions the village community as a whole
joins like a single large family and works together for
common good. Another striking feature in those days was
prevalence of barter economy, in other words exchange of
goods and services produced by one with another. The
perennial river waters were shared between riparian states
.Inter state river water disputes were unknown.
Attention is invited to empirical studies conducted
and book written on social dynamics by Prof.M.N.Srinivas
In most parts of the country farmers were growing
cereals, pulses , oil seeds, cotton etc. in the rain fed fields.
There also orchards which used to yield a variety of fruits.
In regard to social life inspite of caste ridden society
,villagers used to lead a peaceful life resolving disputes by
elders in the gram panchayats. Now the government of
India is going to introduce “Nyaya Panchayats” (Rural
courts) with a difference i.e to bring in persons other than
knowledgeable persons from their own villages.
In order to develop rural areas, in an integrated
manner, the government of India adopted a holistic
approach not only to ensure material development but also
to inculcate a sense of public participation in the “Bharath
Nirman” as we call it today. For this purpose the concept
of community development was evolved and a specialized
agency under the leadership of late Sri S.K. Dey, who was
the main architect and was officially named as
Administrator of community development was setup. Later
a special ministry known as Rural Development Ministry,
again headed by S.K.Dey as first minister, was created. This
served as a harbinger of rural development indeed and
unique strategy for bridging the gap between the rural and
Platinum Platform
urban community. Many underdeveloped countries
particularly in Asia and Africa were inspired to adopt the
Indian experiment as a role model.
Green Revolution
It is a well known fact that while staple food of
north India is wheat, south Indians and some parts of
Maharastra and Gujarat and also Orissa, Bengal and North
East eat rice. Therefore the ministry of agriculture
particularly ICAR (Indian Council of Agriculture Research)
under the leadership of Padmavibushan Prof.
M.S.Swaminadhan took a great deal of interest to increase
the output of the major cereals per acre. Wayback in mid
sixty’s , a short duration high yielding variety of paddy
known as TNI (Taichung Native one) and a new strain of
wheat known as ‘Sona’ developed in other parts of the world
were borrowed to try on Indian soils. India took advantage
of these two high yielding varieties of cereals and launched
what was popularly known as “Green Revolution”. At the
same time it was found that these high yielding varieties of
crops require a very heavy dose of inorganic fertilizers and
pesticides. Therefore in the industrial sector priority was
given to import and produce organic fertilizers. Incidentally
in the community development projects which were later
renamed as NSS projects also developed various
comprehensive and indigenous cultural practices based on
native genius such as green manure, seed treatment with
cow urine and dung. The name of late Sri. M.S.Sivaraman,
former I.C.S officer was closely associated with ‘Green
Manure’ for improving soil fertility ,conservation and
stabilization, and therefore he was rightly called ‘Green
Manure Sivaraman’, because it was his obsession.
The experience with the Green Revolution during
the last four decades offered many lessons. This happened
because instead of improving the inherent strength of soil
fertility and promoting indigenous methods of pest control,
we depended largely on imported chemical fertilizers and
pesticides. With the insistence on such agricultural
practices, there was gradual degradation of soil fertility and
erosion increase in the cost of cultivation. We have recently
witnessed due to a variety of factors including climate
change, vagaries of monsoon, loss of crops resulting in
pauperization of farmers. This situation has become so
unbearable for them that inspite of certain props extended
by the government in the form of easy farm loans, cash
subsidies on seeds, fertilizers, pesticides; farming has
become not only unremunerative but a dreadful and
nightmarish. Unable to bear the heavy debts incurred, they
Platinum Platform
resorted to suicides particularly in A.P. and Vidarbha in
Maharastra, as we all witnessed painfully. In the country as
a whole, such suicide deaths reached a peak , ‘Nearly 2
lakh farm suicides since 1997’ (‘India Together’, January
2010). Similar suicide deaths are also reported in handloom
sector which depends on traditional weaving practices as a
result of which their products could not compete with
mill made textiles, inspite of various supporting measures
by the government. Still neither central nor state
governments are able to grapple with the tragic situation.
Time only will tell us how far we can prevent such suicides.
This is a blot on our so called progress, during the post
independence era.
Breakdown of joint family system
The first casualty of development during the post
Independence era was total disruption of joint family
system. Added to this the last six decades witnessed a
phenomenal growth of countries population from 361
millions in 1951 to estimated figure of 1197 millions in
2011 est. , which is approximately three and half times
more. Our natural resources like water, land, minerals, forest
etc have not increased proportionately. In other words the
density of population per square kilometer has considerably
increased; life expectancy has also considerably increased
to 69.89 years.(Males – 67.46 years, female – 72.61 years,
for total population) (2007 est.) with the result that we are
second to China in terms of population in the world.
Because of lack of employment opportunities and
inadequate infrastructure like educational institutions,
medical and recreation facilities etc, there is a significant
migration of rural youth to near by towns, not only to take
advantage of better living conditions and to seek
employment for living obviously. Such large scale migration
to urban centers will mount great pressure on the civic
administration who have slender resources and inadequate
trained manpower to cope with civic amenities such as
supply of safe drinking water, transport, education, public
health and sanitation facilities, housing, supply of electricity
for domestic, commercial, industrial, street lighting etc.,
recreation facilities and even law and order management
by the police. Such a situation will accentuate social and
economic disparities which ultimately lead to youth
resorting to criminal and antisocial practices. Further, due
to lack of enough space for housing such a phenomenal
growth would lead to disorderly growth of housing
compelling large population to live in slums. For instance
the great historian Radha Kumud Mukarjee once described
“The slums in Kanpur (U.P) - outslum (A word coined by
him), all the slums in India”.
285
 Table: 1 administer all affairs relating to villagers by not allocating
enough financial resources. In this context it is relevant to
remember what late Prime Minister Rajiv Gandhi observed.
He said that out of every rupee spent on development
particularly to remove poverty, only a fraction of it i.e about
13 to 15 paisa is reaching the target population and rest
comes under various forms of leakages.
Note: The State Government box in the diagram stands
for both the Governments of States and Union
Territories of India.

The above table is self explanatory. It can be seen

that there is a tremendous increase of total migrants,
including males and females during the decade 1981 to
1991. This is because of the open door/ Liberalised policy
and influx of foreign capital by MNC’s since 1991 and
unchecked freedom in market economy. The very noted
authors of India fell into the trap of the so called intellectuals
of foreign origin and adopted a language borrowed from
them to justify disastrous economic policies under the
banner of “Inclusive growth”, a concept which has a
potential of fooling the very class of people to whom it is
addressed. In the Indian context it means to bring more
and more disadvantaged sections of population like ‘Dalits’
in to the main stream by lifting them from their age old The critical areas for future planning and development
morass , but strictly speaking all of us know where they of Rural India:
stand among the multitudes of teaming millions since
1. Transport / Communication :
independence.
Surface transport facilities such as road, rail and
According to 2001 census the total population of
in land water or by sea are very crucial for carrying the
India was 1028 million of which 743 millions was rural,
message of development to the interior and inaccessible
285 millions was urban population.
villages is to be given top priority. We need to identify such
There are 593 districts comprising 5,161 towns villages which are still inaccessible. In this respect
and 6, 38,588 villages and 5,470 mandals. The telecommunications, mass communications media like
administrative unit is Village Panchayats, numbering 2, radio, T.V, internet and tailor made print media for rural
21,754. It is pertinent to say that the ‘Panchayatraj’ system people has a great role to play. Some of the I.T companies
is the brain child of The Planning commission and same in their own interest and also as a matter of service, like
was developed as a basis for adoption in the country by “Byrraju Foundation” particularly in the Godavari delta
late Balwant Rai Mehta , former chief minister of Gujarat area in A.P have started training of rural youth and all others
and well known freedom fighter. Based on his interested villagers in handling computers and use the I.T
recommendation Rajastan was the first state to introduce knowledge for their own economic progress.
‘Panchayatraj’ system followed by Andhra Pradesh and so
2. Electrification :
on. This is considering to be a mile stone in the development
of the country after INDEPENDENCE. In spite of more It is another vital factor in improving the quality
than 50 years after adopting Panchayatraj system, of life of rural people. We have 1,19,570 unelectrified
government has not done enough to strengthen them to villages out of 6, 38,588 villages. In regard to such villages/

286 Platinum Platform

habitations which are not still electrified, we need to
introduce innovative projects like extension of micro –
hydro electric projects as in Nepal, solar energy, wind energy,
tidal wave energy and bio waste electricity projects. Recently
it is stated that ministry of new and renewable energy has
started distributing solar lanterns to unelectrified villages.
$ Less than 3000 out of 0.56 million villages in
India had electricity when the British left India in 1947.
The total installed capacity in the entire country at that
time was about 1300MW which has increased more than
110 times since then.
After Independence, extension of electricity to
rural areas has been undertaken by the State Govts. through
their resources. State Electricity Boards(SEBs) have tried
to extend the network through internal resources and loans
but even with the best efforts only 44% households have
access to electricity after five decades of planned
development. Due to financial difficulties to the SEBs, the
extension of electricity to rural areas has slowed down.
Therefore the Central Govt. decided to start a scheme in
2005 in order to provide electricity to all households &
improving rural electricity infrastructure.
As per statistics available on the progress of
RGGVY implementation at the end of April 2009, out of
approximately 118000 unelectrified villages, about 61000
villages have been electrified amounting to an achievement
of 51% of its target. In case of intense electrification works
in about 82000 out of targeted 3.5 lacs electrified villages
have been completed. In case of providing connections to
rural households, including BPL, 16% of the targeted 4
crore households have been connected. Out of 2.45 crore
BPL households, 24% have been provided connections by
the end of April2009.
3. Education
It should be accorded top priority in villages. Every
village or habitation having a minimum population of 1000
, children below 8-10 years should have a primary school
and high school with in a walkable distance of 3 kms. Such
information is to be made available by government to plan
educational facilities by NGO’s and other philanthropists
“In the case of illiterate adults, who are compelled
to earn their own living, facilities for non formal education
during their leisure hours should be made available by
literate/ educated villagers on part time basis with a nominal
honorarium.”
Platinum Platform
4. Health
In the villages it is not possible to create best health
facilities for obvious reasons. Therefore the approach
should be three pronged.
a) First Aid and prophylactic treatment to be
available all the time.
b) To refer to the nearest PHC/CHC if existing
or advise the patient to go to the nearest
government hospitals in cities or to take the
assistance of emergency services like 108 and
104 in A.P to shift the patient to the right
type of hospital.
c) The present position in regard to rural health
services is as follows
Table: 2
To cover up the short fall there is an urgent need
to train rural health workers in every village or, say, for a
given population including habitats within walkable
distance.
The type of training required should take into
account, the aptitude of the health worker, minimum
medicines to be supplied per low cost effective systems such
as allopathy, homeo, ayurveda, siddha, yoga, physiotherapy.
In order to control the enormous growth of population in
the country, there is an urgent need for uniform civil code
(demographic policy) applicable to all sections of
population irrespective of different faiths. This brooks no
delay as all our efforts to improve the quality of life will be
neutralized.
The present stigma of the fact that India tops the
list of certain viral diseases and inherited or otherwise like
diabetis with eighty million cases next only to China,
blindness, dumb and deafness, mentally retardation,
insanity, polio, infant mortality, of delivering mothers etc
should be addressed by every one of us, otherwise such
disabled and sickly people will become a permanent
national liability.
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1. Employment
Population growth rate at 1.548 percent (2009 est.)
is baffling. Unemployment rate of 7.8 percent in the urban
areas is very high, while in rural areas there is no ostensible
unemployment because the youth are attracted to the urban
areas for higher education, better health care facilities and
recreation facilities. Therefore the residual population
consist of woman, children, disabled, elderly persons etc.
and even if some youth are there, they daily commute the
distance between the nearest urban center and their village
for employment. One of the most neglected areas in the
plains or hills is agriculture and allied sector. In order to
provide gainful employment including self employment,
it is possible only in the micro village and small industries
sector, production of non conventional solar energy, vermin
compose, rearing of milch cattle, goats , sheep’s , poultry,
piggery, fishing etc. It is also possible to set up food
processing industries, promote horticulture, sericulture and
coir. Kadhi and village industries as there are rural oriented
with large employment potential with low capital
investment.
The country has forest cover spread over to 25,424
sq. km. However, there is need to increase forest cover and
greenery which has two fold benefits. Firstly, the greenery
can fight the fast growing air pollution. Secondly forests
are the valuable source of many major and minor produce.
The Girijan Corporation of Andhra Pradesh which has
been doing good service to the tribal living in the forest, by
collecting various types of minor and major forest produce
and marketing . It has also introduced plantation crops
like teak, coffee and medicinal plants etc in Aruku, Paderu
hill areas. Such innovative scheme can be replicated in other
states.
In order to bring the rural population into the
main stream, there is utmost need for creating all those
facilities in urban area where they exert great pressure on
civic amenities like supply of safe drinking water, housing,
transport, medical and educational facilities; thereby
creating favorable conditions for multiplication of slums
as we are observing in all the big cities.
5. Migration to foreign countries (NRI)
During the last two decades and a half, after the
advent of information technology sector, India gained very
much as an early bird and developed many I.T hubs ,
notably Bangalore, Hyderabad, Pune, Noida etc. to name
a few. This has triggered exodus of I T personnel to seek
their future prospects in foreign countries particularly
U.S.A. Further, there is also a craze for foreign education
288
and foreign spouse. These two factors induced many
persons of Indian origin to seek higher education and
employment particularly in U.S.A and Australia. With the
saturation point of employment reached recently in U.S.A
and financial crisis otherwise known as ‘Meltdown’ which
rocked the entire world, there was a reverse flow of our IT
youth who have not been able to rehabilitate themselves in
India. Further IT development was lopsided with undue
emphasis on software development ignoring the need for
development of hardware also as a mutually complementary
area. Now our experts say in this field appear to have realized
there omission. As regards to higher education it is a very
painful and humiliating experience to find a newspaper
reports day-in and day-out about racial and other attacks
on Indians, many of whom were not only robbed of their
belongings but also assassinated. Yet the government of
India seems to have taken not so seriously and dismissed as
“Frenzied reports” in newspapers. What all our government
did was to take diplomatic route, which did not yield good
results. It is now for all of us to consider whether we should
continue to accept this kind of shameful and inhuman
treatment meted out to our Indian youth in Australia and
wait for bigger tragedy for drastic action. Many parents
incurred heavy debts by way of bank loans to send their
children for higher studies and jobs to Australia and it is
not difficult to understand their anguish and grief over the
loss of their dear ones. Therefore to teach a lesson to such
cruel practices in Australia where it’s government dismissed
them as stray incidents, and to uphold our dignity and self
respect of our nation, is to recall our Indians in that country
and accommodate them in our institutions for education
and jobs. Further there is utmost need to consider whether
we should be treated as an exporting country of human
beings. The situation in the Gulf country is also deplorable
because most of our youth going to those countries are
gullible and fall into the trap of greedy brokers for their
passport and visa. And in return either they are sent back
mercilessly or put behind the bars with cruel treatment.
These hard facts should open up our eyes to
reconsider our policies regarding manpower export.
In conclusion, it is worth noting that ultimately,
what matters is “Satisfaction and peace” with minimum
needs to satisfy and not necessarily the so called material
development for which measuring rods like GDP and per
capita are employed but do not reflect the realities. Further,
it makes a sad commentary on our government to
discontinue and abandon the community development
program of early fifties, which could have by now bridged
the gap between rural and urban areas and ‘Haves and Have
Platinum Platform
not”. The high sounding words borrowed from modern
economists like ‘Inclusive Growth’ which means the
economic up liftment of under privileged population of
our country do not make much sense because of the
insatiable demand of poor people to raise to the level of
affluent sections of population who are unconcerned of
their deleterious demonstration effects on the unfortunate
fellow citizens. We have to go a long way in narrowing
down the gap between the rich and poor. Our policies
and programs do not seem to be effective enough to achieve
the goal of a country free from poverty, disease, illiteracy
and squalor and removal of economic and regional
disparities. Many of them encased in one word ‘Egalitarian
society’ as the ultimate goal of India is still a far from our
reach. Some of our policies and programs are promoting
elitist sections of populations who are distanced from the
common man. While professing egalitarianism, we are
pursuing policies which are not helpful to achieve the
objective. Therefore there is immense social unrest which
has given raise to wide spread terrorism, Naxalism whose
philosophy perhaps based on social justice, equality of
opportunity and also least gap between the rich and the
poor. Consumerism, ostentatious living, exhibitionism,
vulgar display of wealth, are also the social evils prevailing
in countries like our’s, mostly imitative of western culture
primarily due to globalization of late. We have lost out
moorings and time tested cultural values embedded in our
native soil which led to discontentment.
Action Plan
1. Overwhelming priority should be given to develop
rural roads and public transport systems to reach
every village.
2. To electrify every house to enable and to reduce
drudgery, example processing of food grains, oil
seeds, cotton, non conventional viable the low cost
technologies should be adopted without minding
the initial cost.
3. Education should be given high priority including
non formal education for those who cannot spare
their time irrespective of age and category of people.
4. Since education and allied activities are bedrock of
the rural development, variety of means like “krushi
kendras” for education of farmers using radio, TV,
wall news paper etc need to be taken up.
5. Health education to adhere to national norms of
two - children for married couple, nutrients to avoid
birth of disabled children and to ensure healthy
population. In other words we should efface bad
reputation of producing children born with
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blindness, polio, deaf and dumb ,mentally retarded
insanity etc
6. In the entire country most of the small land holdings
are not viable and therefore such farmers cannot
sustain on agriculture alone, they need to
supplement the income by taking to non farm
activity, agriculture labor, rearing of cattle etc.
7. This kind of situation on farm front cannot be
perpetuated. Therefore there is utmost need for re-
organisation of land holdings which in other words
what is known as ‘Consolidation of land holdings’.
The undivided Punjab, Maharashtra and few other
states were in the fore front of such form of land
reforms. This kind of land reforms would facilitate
reduction of animal power which is very expensive
and introduction of appropriate technology to
mechanise farming including post harvesting
operation. Alternatively there can be cooperative
and joint farming in which every owner of small
holding will participate as a stake holder.
8. One of the most dangerous factors both in rural
and urban areas is consumption of liquor and
tobacco. Both of these can ruin the health and
economy of families. But the state governments are
least concerned as this activity will yield lot of
revenue. This is of great concerned for the social
scientist as such habits of not only ruins but also
cause immense unrest in the families of working
class more than the revenue, our concern should be
health and harmony in the families particularly in
the villages.
PRAJA SPANDANA
(A Forum For Common Cause and Protection &
Promotion of Public Interest)
302, Sri Venkateswara Towers, D.No. 47-3-31,
5th Lane ,Dwarakanagar, Visakhapatnam – 530016.
Ph no. – 0891 2534353 , 2514353 , email :
csries@rediffmail.com
* * * * *
289
 Towards a Comprehensive National Water Policy
Water is an essential component of life like money.
While the latter is earned the former is the gift of nature.
Abuse and misuse should be controlled through scientific
and legal means at our disposal.
With the growth of Civilization, the role of water
has drawn the attention of scientists, engineers, politicians
and the judges also. It has become such a sought after
ingredient of modern living leading to even disputes between
individuals, communities, regions, states and even countries
also. Related problems are solved on an adhoc basis or at
best problem to problem basis. When this becomes infeasible
due to social or political pressures, legal interference is sought
to identify a solution. Much of it could have been avoided,
had there been a comprehensive National Water policy
binding on all the citizens.
A serious look into this question was bestowed in
2002 resulting in a kind of broad guidelines recommendatory
in nature, known popularly as National Water policy.
The aim of the paper is to suggest a more
comprehensive policy covering all aspects of water resources
planning and management. The implementation of the
policy should be made free from the political interference.
“Water is a prime natural resource, a basic human
need and a precious national asset. Planning, development
and management of water resources need to be governed by
national perspectives” – This is the opening statement of
the existing National Water Policy.
But, water is still a state subject constitutionally
and the national government has only an advisory role
somewhat binding on the state government only with respect
to major projects. When the river basin spans several states,
several problems arise out of contradictory claims resulting
in a compromised solution suggested by the Tribunals
consisting of the appointed Judges. Technical opinions are
taken as evidence only and the content of truth in them is
decided by the judiciary.
The first step towards a fair and impartial treatment
of the problem is to make water legal asset of the Nation.
Each basin should have a River valley Authority consisting
of experts in the field together with representatives from the
Centre and State governments concerned. This step requires
*Professor (Rtd.), Civil Engineering of National Institute of Technology, Warangal.
290
- Dr. R. Raghavendran*
a lot of co-operation of all the states and the parliament
should enact appropriate acts in this regard.
A maiden attempt made in this country deserves
mention. The memorandum for the development of
Damodar Valley was drafted by Mr. Voorduin, Senior
Engineer of Tennessee Valley Authority. It endorsed the
creation of an authority comparable in structure to TVA.
The Governments of Bengal & Bihar together with
Government of India emphasized that for efficient
administration, the authority must be vested with high degree
of autonomy. The State Governments agreed to surrender
to the corporation their power in order to enable it to
discharge its functions effectively. The corporation was
entrusted with all the functions like Irrigation, flood control,
water supply, power production, soil conservation,
navigation etc. The planning, design and operation of the
projects are the functions of the Corporation.
The Damodar Valley Corporation bill was
introduced in Constituent Assembly of India on 1st Dec.
1947, and was passed by all sections of the House on 18 Feb
1948 and received assent of Governor General India on 27th
March 1948.
There is no scope for using water as a political tool
by the opposition to cow down the Government which will
be willing to come to reasonable agreement with the
neighbours. Concepts like the max output per unit of water
could be implemented as against the max output per acre of
land. Cropping pattern could be decided by the River Valley
Authority in the best interests of saving water for more
competitive uses.
The Authority will certainly follow the guidelines
of the National Water Policy. In principle, the authority will
implement the optimal redistribution of water resources with
respect to space and time and also with respect to quantity
and quality subject to the constraints of law, riparian rights,
budget, ecological and environmental factors. The available
water resources is highly uneven with reference to space and
time. Precipitation is nearly confined to three or four months
in a year and varies from 100 mm in western parts of
Rajasthan to over 10000 mm at Chirapunji in Meghalaya.
The redistribution policy should keep in mind about the
misuse and abuse of our water resources.
Platinum Platform
 Some thoughts about the National Water Policy to
be deliberated and appropriately incorporated in the existing
National Water policy are presented on all aspects of the
water policy.
Water Resources : Unambiguous assessment
Varying figures are given for the availability of our
resources. For example, according to Ministry of Water
Resource, the utilizable water resources is 1123 cm.km./
year as against 634 Cu.km. / year of current usage indicating
‘no cause for immediate concern’. Estimates based worldwide
comparison suggest a figure of 654 cu.km./year indicating
an immediate concern.
The rain gauge density in our country is less than
the minimum prescribed by world standards both with
respect to recording and non-recording type of gauges. This
makes any good rainfall run off model difficult to be made
applicable to basins to extend their record.
Stream gauging is also subject to inadequacy and
inaccuracy. Thanks to inter-state disputes, gauging sites are
located on the main stream while the tributaries remain
neglected. The flow is evaluated by current meter data only
partially while indirect methods are adopted leading to
inaccuracy. Formulae meant for steady uniform flow are
adopted with constant roughness coefficients. None of the
above is valid and the River valley Authorities should first
take up correct gauging procedures.
The author as an expert member of Godavari and
Cauvery tribunals came across the nearby locations of
gauging sites manned by the states giving widely varying
stream flow data. This cannot happen if the river basin is
treated as a single unit managed by River Valley Authority.
The ground water assessment in a scientific manner
extensively across the country is yet to reach a satisfactory
level of usability. This has led to overdraft or mining of
groundwater in many areas.
After the assessment is made scientifically both in
space & time over the basin, we usually find the data is
inadequate for conducting any analysis either for estimation
of floods or streamflows.
It becomes necessary to extend the data
mathematically by understanding the stochastic model of
the flows and generating equally likely sequences of data for
any desired length. The planning, design and evaluation of
operation criteria through simulation are then possible and
more reliable also.
Maximum information content of the data would
have been extracted in the modelling of flows. This job could
be entrusted to the academic community.
Platinum Platform
Hydrologic data should be freely available to anyone
having general interest or specific study is contemplated. If
the data is genuine, no secrecy is necessary.
Water Requirement and its allocation for various uses
The National Policy should be strictly followed by
all River Valley Authorities with respect to priorities as shown
below.
i) Drinking water & domestic requirement.
ii) Sustaining livelihoods.
iii) Irrigation and Hydropower
iv) Industrial requirements
v) Navigation and Recreation
i) Alteast 30 to 60 litres / day per head is required for
domestic use. This facility should be provided for
the entire population both in urban and in rural
areas. Drinking water needs of human beings and
animals should be the first charge on any available
water.
Any multipurpose project should include
this component necessarily. The Community should
enjoy the first right over rainfall including its
harvesting and recharging the aquifer.
ii) A minimum good quality water flow should be
ensured at all times for sustaining livelihoods.
Atleast 50% of the lean period flow is desirable for
the preservation of the aquatic life, bathing and for
festivities.
Effluents should be totally monitored to
see that the pollution level is well within the
allowable limits. The public should be educated
about the nature of the industries, their effluents
properties and treatment details.
iii) The bulk consumer of water resources of a basin
happens to be the irrigation requirement. Every
attempt is to be made to make their use efficient,
most profitable with due regard to equity and social
justice.
The river basin show undergo a thorough soil
survey to indicate the suitability of the land for a specific
crop. Indirect pressure should be exerted on the farmers
not to go in for unsuitable crops creating inefficient use of
water. Water requirement of the crop during the growth
season should be obtained from the crop research stations.
They obtain from the field studies the max value of the
product per unit of water as against the max output per
acre of land.
291
 The maximum number of farmer families require
to be catered. The irrigation efficiency should be improved
from the present level of 35% to the max. possible value of
60%.
The projection for 2020 by the Government
sources is that out of 190 million hectares of culturable
area, not more than 65 mha will be irrigated and the rest
will be rainfed. So efficient water management norms are
to be set appropriate to each basin for both the sectors.
Tank irrigation once widely prevalent has been
neglected its restoration will reduce the pressure on the
major irrigation projects.
Farmer education modules are needed without
which our scientific planning is sure to fail.
iv. Many industries like paper, fertilizers, steel etc.
require considerable quantity of water. Thermal
power houses and industries could be located on
the coast where there is a possibility of using
desalinated sea water. Recycling and reuse
techniques should be adopted wherever feasible. The
effluent discharge into the sea should be pollution
free.
v. Where minimum depth of flow is assured between
specific reaches during specific reasons atleast,
Navigation could be considered.
Flood Controls
Flood is defined as an excessive discharge in a river
which the river cannot pass without submerging its banks
and coming into conflict with human activities. Floods
are not controllable as such but its damages can be reduced
by management.
Exclusive storage in the multipurpose reservoir
could be provided for absorbing the flood. When this can
not be afforded, joint storage for flood absorption could
be thought of. Care is to be taken to see that its faulty
operation causes a man-made flood damage. Good flow
forecasting system together with a sound management
policy are required for the flood mitigation.
Flood plain zoning to avoid human activity in the
flood plains reduces the damage. Indirect pressure on the
population and adequate legislation are both needed for
the success of flood plain zoning.
Many projects are not taken up due to public
protests in the absence of proper Rehabilitation and
resettlement plans. Land for land in respect of agriculturists
seems to be the preferred option. All the project affected
persons should b compensated.
292
Operation and Management of River Basin Projects:
Max. adhocism is present in this area. Basin should
be treated as a system. The existing projects and their
commitments are to be considered as constraints.
Various use patterns are to be investigated and an
optional operational policy should be arrived at through
system simulation studies.
Legal requirements :
i) Water is the national asset and all aspects associated
with this resource should follow the guidelines set
by the national water policy.
ii) River basin authorities should be set up as
independent authorities to manage the river basin
requirements. Various organizations having
something or other to do with water will give their
inputs to the River Valley Authority.
iii) Indiscriminate exploitation of ground water should
be stopped. Control and ownership of ground water
will be concern of the Authority and not that of the
Land owner.
iv) Information about water should be freely available
to the public.
v) Project reports show be finalised only after taking
inputs from public debate. Reports are kept in public
view for a few months.
Research and Training :
The Higher Technological Institute should be
involved in system studies. Training programmes for the
engineers who operate the system is essential. User education
only can ensure successful implementation of operational
policies. Especially, farmers need the education in this regard.
Cost of Water :
Water is not to be made available for anyone or any
purpose free of cost. The Government, if it decides to
subsidise any sector, it should reimburse the cost to the River
Valley Authority.
We know that Irrigation Projects get cleared with a
boosted benefit cost ratio. At least, operation and
maintenance cost should be recovered from the users.
* * * * *
Platinum Platform
 Centre State Relations – Demands for more Autonomy
The Constitution of India, which came into
operation on January 26, 1950 introduced a federal form of
government, but the extent of federalism, both in theory
and practice, was diluted in order to make the Central
Government extremely powerful. When the founding fathers
were discussing the provisions of the Constitution, a matter
of great concern for them was the preservation and
promotion of the unity and territorial integrity of the
country. The question of incorporation of nearly 600 princely
states into India, the problems relating to the accession of
Jammu and Kashmir and the volatile situation in the
northeast tilted the debate in favour of a strong centre. In
fact, the Constitution of India does not use the term “federal”
but it refers to India as a “Union of States “. In order to
maintain unity and integrity of the nation our founding
fathers appear to have leaned in favour of a strong Centre
while distributing the powers and functions between the
Centre and the States.
Centre- State Legislative Relations : Legislative
and executive powers are distributed between the Centre
and the States. The residual power has been conferred on
the Union ( Art. 248 ). Parliament may make laws for the
whole or any part of the territory of India, and the Legislature
of a State may make laws for the whole or any part of the
State. Parliament has exclusive power to make laws with
respect to any of the matters enumerated in List I, in the
Seventh Schedule referred to as Union List. The Legislature
of any State has exclusive power to make laws for such State
or any part thereof with respect to any of the matters
enumerated in List II in the Seventh Schedule, referred to
as State List. Parliament, and subject to the powers of the
Parliament in respect of matters listed in the Union List,
the Legislature of any State also, have power to make laws
with respect to any of the matters enumerated in List III in
the Seventh Schedule, referred to as Concurrent List. The
executive power of the State extends to matters with respect
to which the Legislature of the State has the power to make
laws provided that in any matter with respect to which the
Legislature of the State and the Parliament have power to
make laws, the executive power of the State is subject to,
and limited by, the executive power expressly conferred by
the Constitution or by any law made by the Parliament upon
the Union or any authority thereof. Parliament has the power,
*Former Defence Secretary, Govt. of India.
Platinum Platform
- G. Parthasaradhi Rao, IAS*
while a Proclamation of Emergency is in operation, to make
laws for the whole or any part of the territory of India with
respect to any of the matters enumerated in State List.
Foreign affairs and the powers to make treaties vest within
the exclusive jurisdiction of the Central Government.
Parliament has power to make any law for the whole or any
part of the territory of India for implementing any treaty,
agreement or convention with any other country or
countries or any decision made at any International
Conference, association or any other body, even on subjects
reserved exclusively for State Legislature.
Centre- State Administrative Relations : The
executive power of every State is so exercised as to ensure
compliance with the laws made by Parliament and any
existing laws which apply in that State, and not to impede
or prejudice the exercise of the executive power of the Union,
and the executive power of the Union is extended to giving
of such directions to a State as may appear to the Government
of India to be necessary for that purpose. The executive power
of the Union is extended to the giving of directions to a
State as to the construction and maintenance of means of
communication declared in the direction to be of national
or military importance and the measures to be taken for the
protection of the railways within the State. Parliament may
by law provide for the adjudication of any dispute or
complaint with respect to the use, distribution or control of
the waters of, or in, any inter-State river or river valley.
Governors of States : Each State has a Governor
appointed by the President. The executive power of the State
is vested in the Governor and exercised by him either directly
or through officers subordinate to him. The Chief Minister
of State is appointed by the Governor and other Ministers
are appointed by the Governor on the advice of the Chief
Minister, and the Ministers hold the office during the
pleasure of the Governor . The Council of Ministers with
the Chief Minister at the head to aid and advise the Governor
in the exercise of his functions except in so far as he is by or
under the Constitution required to exercise his functions or
any of them in his discretion. All executive action of the
Government of a State is expressed to be taken in the name
of the Governor. The Governor makes the rules for the more
convenient transaction of the business of the Government
of the State, and for the allocation among Ministers of the
293
said business in so far as it is not business with respect to
which the Governor is by or under the Constitution required
to act in his discretion.
Governor—The State Legislature : Every State
has a Legislature which consists of the Governor and one /
two Houses. The Governor from time to time summons
House or each House of the Legislature of the State to meet
at such time and place as he thinks fit. The Governor may
address the Legislative Assembly and may for that purpose
require the attendance of the members. The Governor may
send message to the House or Houses of the Legislature of
the State, whether with respect to a Bill then pending in the
Legislature or otherwise, and a House to which any message
is so sent shall with all convenient dispatch consider any
matter required by the message to be taken into
consideration. At the commencement of the first session
after each general election to the Legislative Assembly and
at the commencement of the first session of each year, the
Governor addresses, the Legislative Assembly or, in the case
of a State having a Legislative council, both Houses assembled
together and informs the Legislature of the causes of its
summons. Bill passed by the House / Houses of the
Legislature have to be presented to the Governor for his
assent. The Governor declares either that he assents to the
Bill or that he withholds assent therefrom or that he reserves
the Bill for the consideration of the President. The Governor
may return the Bill if it is a Money Bill with a message
requesting that the House or Houses may reconsider the
Bill. After the Bill is reconsidered by the House or Houses
with or without amendment and presented to the Governor
for assent, the Governor shall not withhold assent therefrom.
The Governor shall in respect of every financial year cause
to be laid before the House or Houses of the Legislature of
the State a statement of the estimated receipts and
expenditure of the State for that year, referred to as the “
annual financial statement “
Special Provisions as to Financial Bills : A Finance
Bill or amendment to it, shall not be introduced or moved
except on the recommendation of the Governor, and a Bill
making such provision shall not be introduced in a Legislative
Council.
Legislative Power of the Governor : The Governor
has the power to promulgate Ordinance during the recess
of Legislature if he is satisfied that circumstances exist which
render it necessary for him to take immediate action.
The High Courts in the States : Every Judge of a
High Court shall be appointed by the President by warrant
under his hand and seal after consultation with the Chief
Justice of India, the Governor of the State, and in the case
of appointment of a Judge other than the Chief Justice, the
Chief Justice of the High court.
294
Inter-State Council : The President can by order
establish an Inter-State Council to inquire into and advise
upon disputes that may arise between States, investigate and
discuss subjects in which some or all States, or the Union
and one or more of the States have a common interest, and
make recommendations upon any subject for better co-
ordination of policy and action with respect to that subject.
Distribution of Revenues between the Union and
the States : States are in certain cases allowed to collect and
retain dues imposed by the Union.; in other cases taxes levied
and collected by the Union are assigned to the States and
yet in some other cases such taxes are shared with the State.
Union can also give grants to certain States after considering
the recommendations of the Finance Commission. There is
therefore no doubt that States depend for financial assistance
largely upon the Union as their power to raise resources are
limited.
Grants from the Union to certain States : Such
sums as Parliament may by law provide shall be charged on
the Consolidated Fund of India in each year as grants-in-
aid of the revenues of such States as Parliament may
determine to be in need of assistance, and different sums
may be fixed for different States after considering the
recommendations of the Finance Commission.
Finance Commission : The President shall, by
order constitute Finance Commission, which shall consist
of Chairman and four other members to be appointed by
the President. It shall be the duty of the Commission to
make recommendations to the President as to the
distribution between Union and the States of the net
proceeds of taxes which are to be divided between them and
the allocation between the States of the respective shares of
such proceeds, the principle which should govern the grants-
in- aid of the revenues of the States out of the Consolidated
Fund of India, the measures needed to augment the
Consolidated Fund of the State to supplement the resources
of the Panchayats and Municipalities in the State on the
basis of the recommendations made by the Finance
Commission of the State.
Proclamation of Emergency : If the President is
satisfied that a grave emergency exists whereby the security
of India or any part of the territory thereof is threatened,
whether by war or external aggression or armed rebellion,
he may, by proclamation, make a declaration to that effect
in respect of the whole of India or of such part of the territory
thereof as may be specified in the proclamation.
Effect of proclamation of Emergency : While a
proclamation of Emergency is in operation, then the
executive power of the Union shall extend to the giving of
directions to any State as to the manner in which the
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executive power thereof is to be exercised, the power of
Parliament to make laws with respect to any matter shall
include power to make laws conferring powers and imposing
duties, upon the Union or officers and authorities of the
Union as respects that matter, notwithstanding that it is
one which is not enumerated in the Union List.
Duty of the Union to protect States against
external aggression and internal disturbance : It shall be
the duty of the Union to protect every State against external
aggression and internal disturbance and to ensure that the
Government of every State is carried on in accordance with
the provisions of the Constitution.
Provision in case of constitutional machinery in
States (Article 356) : If the President on receipt of a report
from the Governor of a State or otherwise, is satisfied that
a situation has arisen in which the Government of the State
cannot be carried on in accordance with the provisions of
the Constitution, the President may by proclamation,
assume to himself all or any of the functions of the
Government of the State and all or any of the powers vested
in or exercisable by the Governor or any body or authority
in the State other than the Legislature of the State, declare
that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament.
Provisions as to financial emergency : If the
President is satisfied that a situation has arisen whereby the
financial stability or credit of India or of any part of the
territory thereof is threatened, he may by a Proclamation
make a declaration to that effect.
From the above provisions of the Constitution, it
is evident that the Indian Constitution has, in it, not
only features of a pragmatic federalism which, while
distributing legislative powers and indicating the sphere
of Government powers of Centre and State, is overlaid
strongly by ‘unitary' features.
Developments in Centre-State relations : During
the last 40 years there has been a continuous trend of
expansion in functions and powers of the central
government.. There was also extension of Central power
into area considered to be reserved for the States. As early
as 1951, the Industries (Development and Regulation )
Act under entry 52 of the Union List extended the Central
government’ control to a very large number of industries
listed in Schedule I, thus curtailing the power of State
Governments with respect to entry 24 in the State List. So
was the case with Mines and Minerals. Control over State
legislation was extended through special provisions under
Art. 200 and Art. 201. The agency of Planning Commission
extended the control into the domain of the State further
to agriculture, fisheries, soil, and water conservation, minor
irrigation , rural reconstruction, housing etc. President’s rule
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which was imposed only on 12 occasions during the first
17 years came to be used 62 times during the next 18 years
and increasingly on largely partisan considerations. Similarly
Governors came to use their discretionary power of
appointment and dismissal of Chief Ministers on partisan
grounds. State Bills reserved for President’ s consideration
rose to 1130 during 1977-85 and assent was not given for
as long as six years in some cases and 12 years in one case.
Financial resources share of the States in the common pool
was reduced through devices such as corporation tax,
surcharge on Income Tax and Administerd Prices
The institution of Governor occupies an important
place. But unfortunately in recent times, the office of the
Governor has been the subject of much controversy, with
incumbents of some Raj Bhavans in the country functioning
more as agents of the ruling party at the Centre rather than
as guardians of federal democracy. It has undoubtedly
emerged as the key issue in Union- State relations.
Coalition Governments : Centre-State relations
appear as a matter of clear-cut, open political confrontation
only when both the State and the Centre have single party
rule. With coalition governments at the State and the
Centre, the issue has become somewhat complex and
opaque, both conceptually and practically. The past two
decades has seen the emergence of coalitions with
constituent parties from around the country. This has led
to a regional assertiveness that has redefined governance at
both the state and central level, at least in practice if not yet
in principle or constitutional provisions.
Since State parties have a significant, and in some
cases apparently overwhelming, influence (as in the case of
the DMK coalition) over the Centre’s decisions, Centre-
State relations now work themselves out by a process of
political dynamics rather than based on Constitutional
norms or administrative logic.
This shift in the balance of power is evident in the
Centre as well, when important ministries, such as telecom,
are held by a representative of a regional party. In such
instances, even when the subject may not be part of the
concurrent list, and when ostensibly all policy
recommendations are prepared either by the central
bureaucracy or autonomous regulators, the final diktat often
clearly emanates from state capitals and not Delhi.
Demands and adjustments are made not on merits
but on what would enable the Central and the State
governments to stay in power. It is only in the case of States
ruled by a single party not forming part of the Central
coalition (such as Gujarat) that open confrontation is
possible.
Sarkaria Commission : The Sarkaria Commission
was appointed in June 1983 in the wake of an ever mounting
295
criticism of the ‘ assertive trend of centralization of power
leading to authoritarianism’, and allegations of arbitrary use
of power in the interests of the ruling party at the Centre.
The Commission’s terms of reference allowed it to review
all existing arrangements for Union- State relations and the
socio- economic and political developments and make
recommendations for changes keeping in view the spirit of
the Constitution. The Commission submitted its final report
in 1988. The final report contained 247 specific
recommendations. In spite of the large size of its reports -
the Commission recommended, by and large, status quo in
the Centre-State relations, especially in the areas, relating to
legislative matters, role of Governors and use of Article
356. Of the 247 recommendations of Sarkaria Commission
on which final view has been taken by the Inter-State Council
(ISC) , 179 recommendations have been accepted and
implemented, 65 recommendations have not been accepted
either by the ISC or the Administrative Ministry concerned.
Fulfilling its commitment of Common Minimum
Programme, the Government of India has set up a new
Commission to look into the issues of Centre-State relations
keeping in view the sea-changes that have taken place in the
polity and economy of India since the Sarkaria Commission
had last looked at the issue of Centre-State relations over
two decades ago. In fulfillment of that commitment, the
Commission has been constituted on April 27, 2007 under
the Chairmanship of Justice M M Punchhi.
A set of demands for restructuring of Centre-State
relations have been formulated below, on legal,
administrative, financial, institutional and other matters.
Many of the demands were initially raised by the Srinagar
Conference and have not been resolved yet. Some of the
demands are new and are being raised on the basis of the
experience of the States in the post-liberalization period.
Legal and Administrative issues :
1. Articles 355 and 356 of the Constitution relating to the
imposition of President’ Rule should be amended, in order
to incorporate safeguards to prevent their misuse,
2. The current process of appointment of Governors by
the Central Government should be changed. The
Governor should be appointed by the President from a
list of three eminent persons suggested by the Chief
Minister of a State,
3. Residuary powers of legislation should be placed in the
State List,
4. A process of consultation between the centre and the
States needs to be institutionalized on legislations under
the Concurrent list,
5. The Constitution should be amended to set definite
time limits for receiving the assent of Governors or the
296
President in the case of bills passed by the State
Assemblies,
6. The Constitution should be amended to make legislative
sanction mandatory for any international treaty. Before
signing international treaties, which have implications
for the states, consultation with the states and
concurrence of the Inter- State Council should also be
made mandatory,
7. The State Governments should have a greater role in
the administration of the Rules and Regulations of All
India Services.
Financial Issues :
1. 50% of the total pool of collection of Central taxes
should be devolved to the State,
2. States should be allowed to tax certain services including
some services which are currently being taxed by the
Centre,
3. Central surcharges and cesses should be made a part of
the Central pool,
4. A suitable model for Goods and Services Tax should
be evolved to ensure a fair share for the States, especially
keeping in mind the interest of Special Category States,
5. Article. 293 of the Constitution should be amended to
provide flexibility and autonomy to States in regard to
market borrowing. The share of market borrowing of
the States should be increased from 15% to 50%,
6. Central Tax exemptions need to be urgently reviewed
and the plethora of exemptions progressively phased out,
7. The Centre should compensate the States for the losses
and distortions arising out of tax exemptions,
8. The Centre as well as States should set some collective
limits to tax concessions in order to safeguard against a
race to the bottom,
9. With the Sixth Pay Commission recommendations
having already been implemented , Central assistance
to the States for the forthcoming round of pay revision
needs to be ensured,
10. Debt relief for the States on account of Central loans
should not be tied to any conditionality. Condition-
alities imposed on the States like passage of FRBM (
Fiscal Responsibility and Budget Management) Act
should be withdrawn. Debt relief should be worked out
in a State- specific manner, especially with regard to loans
from the NSSF ( National Small Savings Fund ). The
debt of special category States should be settled in a one
time manner,
11. The formulation and implementation of all Centrally
sponsored schemes under the State subject should be
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 transferred with funds to the States along with broad
guidelines and minimum conditions. The focus should
be on outcome indicators rather than process indicators,
and States should be provided flexibility in the manner
of operating these schemes.
12. Conditionalities like reduction of stamp duties as
required under the Schemes like JNNURM ( Jawaharlal
Nehru National Urban Renewal Mission ) should be
withdrawn,
13. A target minimum level of Local Self- Government
expenditure to GDP should be set. Funds devolved to
the local bodies should mandatorily be routed through
the State Governments,
14. Accountability and transparency in governance should
be improved through people’ participation in policy
planning and their implementation, 15. Entities like
private corporate groups or NGO’s which have no
democratic accountability , should not play any direct
role in governance.
Institutional and other issues :
1. The constitution should be amended to make the
decisions of the Inter-State Council binding on the
Union Government. All major issues involving Centre-
State relations have to be discussed and decided by the
Inter-State Council. The Inter-State Council should
mandatorily meet twice a year,
2. The National Development Council should be granted
Constitutional status,
3. The Planning Commission should act as an executive
wing of the NDC. The Planning Commission should
allocate adequate funds for State-level projects having
national implications and ensure Inter-State balance in
Central investments in CPSU’s, Railways, National
Highways, Ports, Airports etc,
4. The PDS allocations should be in accordance with the
needs of the States and not decided unilaterally by the
Centre ,
5. To ensure all this, adequate representation of the States
in the Planning Commission is required, in terms of
both members and experts, with atleast one member
from each region with periodic rotation among States
in a region,
6. Finance Commission: In determining the terms of
reference to the Finance Commission, the views of the
States should be taken into account. Any difference of
views on the terms of reference should be settled in the
Inter-State Council. There should be adequate
representation of the State in the Finance Commission,
7. RBI and Public Institutions : The State should be
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involved in the functioning of Reserve Bank of India as
well as national level public financial institutions such
as NABARD, IDBI, and public sector banks.
Representation of States in the Commodity Boards like
Tea Board, Coffee Board etc. should also be ensured,
8. Special Category States : The differential benefits given
to these States in terms of non-Plan Gap Grant and
Normal Central Assistance should continue. The debt
of these State Governments should be settled in a one
time manner without any conditionality. The release
of funds to the Special Category States under the
Centrally Sponsored Schemes should be done in a
timely manner without stringent conditions on fund
utilization.
9. In view of the inter-State competition over mineral
resources, there is need to set some common norms
regarding extraction of minerals. The royalty rates on
coal and other minerals should be revised more
frequently and charged on an ad valorem basis.
10. The present scheme of National Calamity Fund should
be changed in order to increase the corpus of funds for
the States.
The 13th Finance Commission Report was released
in Feb, 2010, and some of the recommendations made by
the Commission relating to finances of Union and States
are, (1)increase in the share of States in net proceeds of
shareable Central taxes to 32 % from the earlier share of
30.5%, (2) the Central Government should review the levy
of cesses and surcharges with a view to reducing their share
in its gross tax revenue, (3) initiatives should be taken to
reduce the number of Centrally Sponsored Schmes (CSS)
and to restore the predominance of the formula-based plan
transfers, (4) both Centre and States Should conclude a ‘
Grand Bargain ‘ to implement Model GST ( Goods and
Services Tax) and sanction of Rs.50,000 crore to incentivize
implementation of the Grand Bargain, (5) the States need
to address the problem of losses in the power sector in a
time- bound manner, (6) the FRBM Act needs to specify
the nature of shocks that would require a relaxation of
FRBM targets. Some of these recommendations address
the demands of States mentioned above.
The success of Centre – State relations lies in the
co-operative federalism and that calls for continual
consultation between the Centre and the States.
* * * * *
297
 Local Impact of the Foreign Remittances :
the Indian Experience
I. Introduction
Remittances refer to the transfers of earnings that
migrant workers send home in the form of either cash or
goods to support their families in their home country.
Remittances globally have been steadily growing over time
and represent the largest source of foreign income for major
developing countries. Remittances to developing countries
now exceed the official aid flows and most other types of
private capital flows. In this paper, we explore how foreign
remittances have impacted the Indian economy, by first
recording the major stylized facts on global remittances,
then analyzing the macro-economic implications of
remittances and finally suggesting a few policy
recommendations for better handling the remittance and
other capital flows.
II. Salient Facts on Global Remittances to India
th
a) Bangladesh-to-India is the 4 largest immigration corridor
in the world (see Figure I):
According to the World Bank 2005 statistics, three
countries i.e. US, Russia and Germany were the top three
immigration destinations, and together absorbed 60 million
immigrant workers that year. Further, the top four source
countries i.e. Mexico, Russia, India and China together
emigrated 40 million workers in 2005. Mexico-to-US
corridor is the largest immigration corridor accounting for
over 10 million workers in 2005, while Bangladesh-India
was the fourth largest accounting for 3.5 million.
Each of the three countries Canada, India and UK
attracted about 5 million migrants in year 2005. In 2005
alone, Bangladesh and Pakistan together sent 4.7 million
immigrants to India; while India overall sent equivalent
number of emigrants (with a breakdown of 2.2 million to
UAE ,1.3 million to Saudi Arabia and 1.2 million to US).
Out of the 5 million who emigrated from Bangladesh in
2005, 3.5 million i.e. about 70% over them ended up in
India.
*Associate Professor, School of Business and Economics, Wilfrid Laurier University, Waterloo, Ontario, Canada-N2L 3C5
1
Given a depreciation in US $ against rupee and rising inflation due to oil and food prices, the real value increases in emittances may be a bit lower.
298
- Dr. Madhu Kalimipalli*
b) India is the largest foreign remittance receiver in the world
(see Figures 2, 3,4):
India, China and Mexico are the three largest
remittance receivers among all countries, totaling over US
$125 billion in 2008 alone (the smaller and low-income
countries from East Europe, Africa, Asia and Caribbean
received even higher dollar volume of remittances as a
percentage of their GDP). India received US $ 52 billion
from all its immigrant work force in 2008, while such
remittance inflows to China and Mexico were $49 billion
and $26 billion respectively. While the North America
(mainly US and Canada) contributed 44% of India’s
remittances, the Gulf countries together accounted for 24%.
The top four remittance senders i.e. US, Saudi Arabia,
Switzerland and Germany together comprised of over $80
billion of remittance cash flows in 2008.
Among the top five Asian remittance receivers,
India and China account for over 72% foreign remittances.
India and China each received 36% of remittances, while
Bangladesh and Pakistan together accounted for less than
15%. The remittances to India increased by 20 times during
1990-20091; however China registered a much larger
increase (over 250 times) as the remittances were negligible
in 90’s and earlier. Exchange rate depreciation by more than
25 percent against the U.S. dollar in the last three quarters
of 2008 and simultaneous widening interest rate differential
(between India and US) led to a surge in remittance flows
over 125% to India. However following the recent financial
meltdown, the skilled and semi-skilled overseas Indian
workers had been badly affected and the remittance flows
have been falling and are forecast at about US $40bn in
year 2010.
c) The Non Resident Indian (NRI) immigrant boom in US
(see figure 5)
The number of Indian immigrants in US, has
grown nearly 30-fold to 1.5 million in 2006 compared to
51,000 in 1970, making the NRIs the fourth largest
immigrant group in US after the Mexican, Filipino, and
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Chinese foreign born. More than half of Indian immigrants
live in just five states although their numbers are growing
rapidly elsewhere, notably in Sunbelt states such as Arizona,
Alabama, North Carolina, and Florida. The size of the
Indian immigrant population more than doubled in five
states and the District of Columbia between 2000 and
2006. Compared to other immigrant groups, the foreign
born from India are highly educated, and Indian-born men
have a higher rate of participation in the civilian labor
force than other immigrant men.
An IMF study on India- US remittances (Guta,
2005) finds that (a) remittances are significantly related
to Increases in the number of migrants (mainly high skilled
workers) from India to US), (b) remittances have been a
stable source of funds and have not been affected by the
risk-return considerations to the same extent that flows
on capital account have been, such as portfolio investment
or even NRI deposits, (c) remittances are higher when
economic conditions abroad (or US) are benign, and (d)
remittances are counter cyclical, that is, higher during the
periods of negative or low growth in India. Another recent
study of remittance behavior of NRIs living in US (Gupta
and Hegde, 2009) finds several key variables that
significantly influence the dollar value of remittances:
Income level, Family in India (proxying possible social
and economic ties to the home country), Family in the
US, Dependents in India, Property Maintenance
(proportion of remittances that go specifically towards
maintaining the migrant’s property in India), the decision
to Relocate, and ease and cheaper cost of remitting via the
internet versus banks.
d) The grim status of immigrant workforce in Gulf (see
Figures 5 and 6):
Out of over 13 million Indian immigrants living
in the six oil rich Gulf countries in 2005, Saudi Arabia
and UAE respectively account for about a half and one
third of the work force (Pattanaik, 2007). The 13 million
immigrants together contributed almost one fourth of the
total foreign remittances to India. However, less than 18%
(8%) of the overall immigrants in UAE (Oman) have
university education. The immigrant blue collar workers
are severely discriminated against the local Gulf nationals
by way of long work hours, extremely low salaries
(immigrant expatriates earn less than one third of the
salaries compared to equal skilled local nationals), virtually
no salary increases over the past 20 years, and often have
to endure conditions equivalent to indentured servitude
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(e.g. the plight of domestic maids). The foreign workers
are further exploited in the form of violations of the wage
contracts (with respect to benefits, or timely payment of
salaries), and non-access to their own passports. Gulf
governments employ a system of visa-trading, where local
Gulf-based sponsor foreign workers for a work-visa
charging exorbitant prices, which are dictated by the
demand and supply forces in the labor market. The
immigrant worker is expected to find work on his own
upon arrival, and then starting paying punitive monthly
rents to the local visa sponsor.
III. Economic Impact of the Remittances2
The remittances have been steadily growing over
time, and constitute the second-largest source behind
foreign direct investment (FDI), for external funding of
developing countries (see Figures 7, 8 and 9). Remittances
have been largely beneficial to India. The remittances are
much less volatile compared to other foreign inflows such
as: FDIs (where foreign firms supply capital to invest in
partnerships or joint ventures with local firms), capital
market flows (occurring through direct foreign private
investment, Participatory Notes (PNs), American
Depositary Receipts (ADRs), and / or Global Depositary
Receipts (GDRs)), and official aid flows. Remittance flows,
moreover, tend to be counter-cyclical (i.e. migrants are
likely to remit more during distress periods when their
family’s income is low following a local economic
downturn or natural disaster in the home country), and
hence act as automatic economic stabilizers.
When remittances are used to fund investment,
remittances are less likely to suffer the sharp withdrawal
or euphoric surges that characterize portfolio flows to
emerging markets. Overseas residents are more likely to
continue to invest in their home country despite economic
adversity than are foreign investors, an effect that is similar
to the home-bias in investment. This relative stability has
encouraged some emerging market economies (e.g. Brazil,
El Salvador, Mexico, Panama, and Turkey) to use
remittances as collateral against which to borrow on
international capital markets on substantially better terms
than they otherwise could. For example, in August 2001
Banco do Brasil issued $300 million worth of bonds (with
five year maturity) securitizing future yen remittances from
Brazilian workers in Japan.
How are remittances used? Remittances are used
in poorer households to finance purchase of basic
299
consumption goods, housing and children’s’ education and
health care. In richer households, they may help finance
durable consumption goods, and provide capital for small
businesses and entrepreneurial activities. Remittances are
also used in many countries to renovate existing (and / or
build new) schools, hospitals and other infrastructure.
Remittances are important from the social security point
of view by providing a safety net to family members of
non-working age.
The effect of remittances on output and
employment generation would depend on the end-use of
the transfers. If remittances are invested, they contribute
to output growth, and if they are consumed, they then
generate positive long-term multiplier effects. Thus,
remittances offset some of the output losses that a
developing country may suffer from emigration of its highly
skilled workers. Unlike NRI remittances to India,
remittances to China from non-resident Chinese are mostly
used for investment purposes. Inward remittances however
could also have a positive impact on local savings and
investment. For example, household surveys in Pakistan
indicated that in the later 1980s and early 1990s, the
marginal propensity to save was higher (0.711) for income
from international remittances than from domestic urban-
rural remittances (0.49) or rental income (0.085).
Government budget deficits are typically financed
by local private savings, surplus export revenues, and foreign
borrowings. Large remittance inflows can help potentially
help finance the budget deficits. Remittances have been
crucial in India in improving the current account and in
the consequent buildup of foreign exchange reserves in the
last few years. Remittances also more than offset the loss of
tax revenue in most developing countries. For example,
the net fiscal loss ( in terms of tax revenues) associated
with Indian emigration to the United States was estimated
at 0.24 to 0.58 % of Indian GDP in 2001, but remittances
amounted to at least 2.1 % of GDP in the same year. In
the case of unskilled workers who emigrate to escape
unemployment (e.g. the emigration to Gulf ), remittances
are even more likely to be a net gain to India.
Remittances can also have potential financial and
human costs associated with them. The foreign immigration
can result in brain-drain and create local labor shortages.
Also if the remittances are large, the recipient country can
face a currency appreciation thereby dampening its export
trade (also referred to as Dutch Disease). Increased
remittances can lead to increased local buying power and
300
hence bidding up prices of consumption commodities and
real estate, thereby promoting local inflation, and also
accentuating domestic income inequalities. Sometimes the
remittances can create dependency, undercutting the
recipients’ incentives to work, and thus dampening the
economic growth. Migrants make significant sacrifices,
often including separation and family, and incur risks to
find work in foreign counties and then labor hard to save
enough.
IV. Indian Remittances: Policy issues
The Indian government has undertaken has a few
right steps, albeit mostly on an ad hoc basis, in promoting
foreign remittances. These include introduction of Overseas
Citizenship of India (OCI) facility, repeal of Foreign
Exchange Regulation Act (FERA), deregulation of the
banking sector and promoting more (domestic and foreign)
private players, promoting internet banking and thereby
easier transfer of funds, and issuing sovereign debt
instruments with attractive investment terms exclusively
for NRIs (such as Resurgent India Bond, and the
Millennium India Bond). However there are several aspects
that merit serious attention, a few of which are identified
below:
a) Excessive Bangladesh-India labor immigration:
As the discussion in Section I highlighted,
Bangladesh- India labor corridor is among the most active
in the world, and if unchecked and unregulated can quickly
lead to excessive illegal labor supply, and imposition on
India’s already crumbling infrastructure (such as water,
electricity, roads, transport, hospitals, schools etc.). This
also applies to the large scale (and often illegal) immigrant
influx with respect to all its neighbors (including Sri Lanka,
Nepal, and Bhutan).
b) Policy of benign neglect towards the unskilled
immigrants:
Indian policies towards the Gulf unskilled labor
force are incoherent and still not definitive (for e.g. see
Pattanaik, 2007). India needs to exert pressure and engage
in official dialogue in protecting the state of its blue-collar
immigrant population in Gulf countries.
India, for example, can learn from China about
the right posturing it needs to address the immigration
issues. Shandong Electric Power Construction Corp., or
Sepco, one of the most active Chinese power-plant builders
in India, had 300 Chinese workers last year in India helping
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to build a $4 billion plant in the small town of Mundra,
on the northwestern coast of Gujarat state. About 100
workers had to leave last fall after the Indian government
said business visas were not valid for such projects. China’s
Ministry of External Affairs has taken a serious opposition
to the India’s policy, and has ever since applied a lot of
diplomatic and political pressure on India.
c) Reduced Transaction costs:
areas where immediate government policy action is
warranted.
References:
Gupta, Rupayan and Aron Hegde, (2009), An Exploratory
Study of Financial Remittances Among Non-Resident
Indians in the United States, Journal of Family and
Economic Issues 30, 184-192.

The banks and other internet based financial firms
charge high commissions and bid-ask spreads that can be
very expensive for retail volume of remittances. The
individual remitters thereby face very high transaction
costs, which can even dampen their future propensity to
remit.
The Indian government needs to promote more
competition in this sphere and take steps to help retail
remitters.
d) Dangers inherent in Participatory Notes (PNs):
Ratha, Dillip, (2003), Workers’ Remittances: An Important
and Stable Source of External Development Finance,
Global Development Finance (World Bank).
Ratha, Dillip, (2005), Remittances: A lifeline for
development, Finance and Development, December 42-
43.
Pattanaik, Sitikantha , (2007), Gulf NRIs and their
remittances to India: the sage of overlooked Great
Expectations, Journal of International and Area Studies,
Vol 14, 1, 31-53.

PNs are instruments used by investors or hedge Gupta, Poonam, (2005). Macroeconomic determinants
funds that are not registered with the Securities & Exchange of remittances: Evidence from India,, December, IMF
Board of India (SEBI) to invest in Indian securities. PNs Working Paper No. 05/224.Washington, DC.
are therefore derivative instruments issued against an
underlying security permitting holders to get a share in
the income from the security. Investors who buy PNs,
deposit their funds in US or European operations of
Foreign Institutional Investors (FIIs) operating in India as
brokerages. The FII then uses its proprietary account to
buy stocks. Any dividends or capital gains collected from
the underlying securities go back to the investors. The PNs
contribute about 60% of investment by FIIs. PNs have
been however increasingly used by Indian money
launderers (politicians, corrupt businessman and even
terrorists), who use them to first take (tax evaded) funds
out of country through hawala, and then get it back using
PNs. Sudden flight of such funds underlying PNs from
time to time has depressed the local markets and caused
excessive volatility.
The Indian government is losing its precious tax
revenues and needs to urgently act in order to fix its current
structure of PNs, which are increasingly used as tax heavens
by unscrupulous elements.

V. Summary
In this paper we identify the basic facts on remittances,
document their economic implications and also highlight

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306 Platinum Platform
 Consumerism, Pollution and Development - A Critique
Human beings from time immemorial have strived
towards building a more comfortable life for themselves.
"Necessity is the mother of invention" as they say. In his
endeavours towards creating a "happier" life for himself, man
has exploited nature and tried to gain an upper hand over it.
Invention/Discovery of fire, wheel, building and architecture,
weapons to hunt and cultivation of land, domestication of
animals etc., all of these were attempts by man to tame nature
and make it more suitable to his needs and wants. In this
struggle man had started altering nature in significant ways.
The rate of this evolution and change had been slow initially.
Science tells us that it took man almost more than a 10 lakh
years to reach to a stage where he could control fire and start
hunting animals. From there till about 10,000 years from
current times the evolution of man has been gradual.
Societies, civilization, culture started coming into life at
around this time. The impact of man on nature was still not
significant up until the Industrial Revolution (ranging
anywhere from 15th century to 18th century). Industrial
revolution was fuelled significantly by the way western
governments encouraged individual entrepreneurial spirit.
Competition and efforts towards generating patents that gave
the inventor a monopoly over his invention and resulting
financial gains were encouraged. With the Industrial
Revolution came the concept of mass production and more
importantly mass consumption of goods that were earlier
thought to be accessible only to the elite class. As more people
started possessing goods that were once considered available
only to the privileged class even more people wanted to possess
those goods. A self feeding cycle of consumption thus
developed.
The twentieth century has seen tremendous changes
in terms of technology and the propagation of "conveniences"
to the broader society. These conveniences range from life
saving medicines, refrigeration that help keep our food fresh
for days and weeks rather than hours and fast transportation
that gets us from one place to another in hours rather than
months to the more mundane things like disposable plates
and glasses that eliminate the hassles of cleaning. Along with
these conveniences came the associated problems of pollution.
During the early 20th century consumerism hadn't taken
hold of a majority of the population even in the "advanced"
nations. People considered purchases quite seriously and
didn't throw away things very easily. Machines that were
*Seattle, WA, USA.
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- Dr. Lalith Siva Kumar Vadlamannati*
broken used to be fixed multiple times before they were
disposed of. The number of people who could afford to
(and were more prone to) throwing away goods before their
life was completely extracted out of them was low. With the
rise in the "standard of living" during the mid to late 20th
century in the West, a couple of major changes occurred: A)
people who had disposable income increased. They engaged
in more purchases and activities that were considered luxuries.
B) Less number of people were interested in doing the more
"menial" jobs of repairing/reusing malfunctioning articles
or in janitorial activities. With the decrease in number of
people interested in doing these lower level jobs there came
about a shortage in supply of labor that engaged in these
activities thereby raising the pay scale for these types of jobs.
Essentially there was a growing conflict between demand and
supply of labor. A direct consequence of these changes was a
shift in business trends to reduce labor (and the related costs)
followed by an increased push towards disposable items that
are not repaired/reused any more. On the whole, society
started churning through a lot more material that would
ultimately end up in the garbage pile and in landfills. If this
were limited to societies with smaller population this trend
would not be as alarming. Unfortunately this is not the case.
Over the last couple of decades several Indians
emigrated to the West in search of jobs in an environment of
a higher standard of living. The general belief in India is
that United States is the place where they can enjoy a much
more materially fruitful life filled with every amenity that
one can think (buy) of. The first generation of immigrants
into the US were well educated people conscious of the fact
they were a minority in an alien land. On an average they
excelled in their vocation when compared to the local
population in the US. This led to a more welcoming attitude
towards Indians in the US and the rate of immigration
accelerated over time. With the advancement of technology
it has become much easier for people to live and work from
anywhere and as a consequence more and more work in the
services industry from US migrated to India. This has helped
people in India working in the service industry serving the
western customer increase their living standards without
migrating to the West. The US policy makers have been
very supportive of this trend for a few key reasons: 1. They
strongly believe that this trend would help them tap into the
huge consumer market in India. About 2/3rds of the US
307
economy/GDP is derived from consumer spending and any
opportunity for them to tap into the Indian consumer market
with over a billion people is too tempting to pass. The theory
is that as the consumers in India earn more they would spend
more on the goods that are produced by the American owned
companies 2. US wants a counter balance to the rising power
of China - A fall back option in case things go wrong in the
US-China relations.
Exploring the first reason further let us analyze how
US and other western countries approached the Indian
market - first came the western media with cable television.
The idea behind this was to set the platform for increased
consumerism in India. Through the TV channels the Indian
consumer was made aware of all the different goods and
lifestyles that he was not aware of till that point. The Indian
consumer was over time acclimatized to the western sense of
consumption, may that be in terms of clothes, accessories,
food, etc. Once these started becoming fashionable and
accepted among the people in India next came the actual
goods themselves. If things were limited to the selling of
goods that might have been fine, however this has further
morphed into importing the western culture and the more
modern wastefulness and excess.
On an average Americans use about 25 lakh plastic
bottles every hour and most of the plastic used in the US
ends up in the Pacific Ocean. The "Great Pacific Garbage
Patch" is a floating patch of garbage that is located between
the western coast of the US and Hawaii and is formed by
trash disposed by the US consumer. Its size is more than 1/
4th the total land area of India (1). The population of the
US is about 30 Crores while that of India and China are 100
crores each. One can imagine what would happen if the
same amount and style of consumerism were to take hold of
India and China; there wouldn't be any Pacific Ocean left in
a few years! Americans generate 3000 crores of foam cups,
22 crores of tires and 180 crores of disposable diapers as trash
every year (2). The US sends some of their toxic waste that
is produced from disposed televisions, computer and batteries
to landfills in Africa and Asia where environmental
regulations are not as strict and the economies are so weak
that they would take this garbage for some money. Over a
period of time the toxic waste from this garbage could leak
into the waterways in those countries and cause severe health
risks.
On many occasions, technology that has been
considered unsellable in the West because of stricter
regulations is palmed off as the latest gadget in developing
nations. Businesses tend to maximize the profits they can get
out of the investments they made and take advantage of
weaker regulations in different countries, thanks to
308
globalization. One need only to look at the pollution in our
cities to understand this. Drive on a motorcycle or auto
rickshaw for half an hour in Hyderabad and you are bound
to end up with a sore throat or nasal irritation. Carbon
Dioxide, which is considered as the chief source of global
warming in the earth's atmosphere is currently 31% above
pre-industrial levels (3) and a lot of the increase is considered
to be because of the increased usage of fossil fuels by humans
and because of deforestation. Consider another aspect of
the western life, where people run on treadmills for exercise
every day drinking water from a plastic bottle that will end
up in trash at the end of the exercise. One can only wonder
why the person needs to run on the treadmill, if only he
could spend that time getting his exercise by walking to work/
grocery store every day instead of driving his car for even
small distances. What is the need to purchase water in a
plastic bottle while he could have easily boiled the water if
needed and reused a container?
India has the option to leap frog all the negative
consequences of increased consumerism if the citizens are
made aware of the dangers and are encouraged to be vigilant
of technology and "conveniences" that are being introduced
into our country. Our culture, that encouraged one to focus
more on spiritual advancement and enlightenment as opposed
to a pursuit of material wealth, needs to be preserved. A very
interesting review of statistical data on economical
development, human life expectancy and longevity revealed
that an increase in life expectancy does not necessarily
correlate to economic advancement. Quite a few Asian
countries had longer life expectancy until the 20th century
even though their economic development when compared
to the western world was very poor (4). The so called comforts
and conveniences and economic development has only made
man more fragile and nature around him more barren. This
is the time for Indian citizens to make a critical choice
regarding their future and one can only hope that they make
the right one because the future of the planet depends on it.
References:
1. http://www.ted.com/talks/
capt_charles_moore_on_the_seas_of_plastic.html
2. http://www.dosomething.org/tipsandtools/
11-facts-about- pollution
3. http://www.sciencedaily.com/releases/2009/06/
090618143950.htm
4. http://www.ted.com/talks/
hans_rosling_reveals_new_insights_on_poverty.html
5. http://www.globalissues.org/article/236/creating-the-consumer
*****
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 Technology Framework for Inclusive Growth
This paper addresses the aspects related to the
technology solution architecture conceived and currently
implemented for ensuring the objectives of inclusive
growth. Inclusive growth is a multidimensional problem
and one of the aspects that require immediate attention is
the Financial Inclusion. It is needless to mention that one
of the essential ingredients of Financial Inclusion is the
Digital Inclusion. Government of India, through the
Unique Identification Authority of India (UIDAI) initiative
is planning to provide Identity to each one of the residents
of the country along with Biometric authentication using
finger print identification.
The Banking sector in our country has already
taken the necessary initiative to address this aspect and many
of the banks across the country have implemented pilot
projects for financial inclusion. It is to be noted that
Government of India through the Banking sector and with
support from UIDAI is taking up this activity in a major
way and would like to have at east about 60000 villages
covered by 2012.
Technology plays a major role in achieving the
goals and timelines of the Government and this paper
discusses the technology framework for inclusive growth
with emphasis on the issues and challenges that concern
the aspects related to technology, connectivity and
regulatory issues.
In the last twenty five years India has undergone a
transformation of economic and regulatory structures. Due
to the changes that are brought in over the years, people
are able to access resources and services easily and effectively.
Identity and Authentication :
UIDAI has been set up by the Government in 2009
with the main objective of issuing identity to the residents
of the country to easily verify their identity to public and
private agencies across the country. This identity, going
forward, will enable residents to have access to all the
services from the Government. For example, the National
Rural Employment Guarantee Scheme (NREGS) and the
Social Security Pension (SSP) are the two payments which
will reach the ultimate beneficiaries without any
*Principal Research Scientist, Indian Institute of Science, Bangalore, INDIA
Platinum Platform
- Dr. H.Krishnamurthy*
intermediaries and in a timely manner. The implementation
of universal micro-payments architecture is the main aim.
Apart from providing the Identity, UIDAI will also provide
the two factor authentication using biometric finger print
based authentication. Identity and Authentication are two
aspects to ensure security and trust in the system.
One of the projects currently taken up by the
Government is to provide UID enabled bank accounts
(UEBA) to the social sector which is a no frills account.
Technology Framework :
Information technology has played a key role over
the last two decades, especially in the corporate, to ensure
technology enabled business transformation. Most of the
large corporates have invested major part of their revenue
in building technology infrastructure using appropriate and
cost effective technology products, through well defined
processes and more importantly having technically
competent and capable people to effectively and efficiently
manage the resources. This has enabled significant return
on investment over the years and technology investments
are no longer looked at as expenses alone but as business
viable models to enhance productivity.
Several organisations in the Government sector
also have made sizable investments in technology to meet
the global demands and deliver state of the art services to
the customers. New generation customers are net savvy and
require state of the art services delivered to them over any
touch point and this requires constant and continuous
innovation especially in the Indian context.
One of the sectors that has been left out over the
years, which currently is the major focus of the Government
is the social sector. The key objective is to ensure that all
the residents of the country not only in metro or urban
areas but more importantly in the semi-urban and rural
areas have access to services in a timely and cost effective
manner. Technology deployment for meeting such
requirements is lot more challenging.
This paper addresses the aspects related to the
micro-payments with specific reference to the Banking
309
Sector and the technology challenges in the design and
implementation of the solution.
While designing technology solutions, we need to
keep in mind the following.
l Performance and Scalability
l Availability and Fault tolerance
l Robustness and Maturity
l Security and access control
l Conformance to standards and Interoperability
Designing and implementing technology solutions
across the country is to ensure delivery of services to the
residents seamlessly with clearly defined performance
metrics. Implementation of the services will happen
progressively and the beneficiaries included in this umbrella
will increase over the next 10 to 20 years. Solutions which
are designed and implemented require to scale without
performance degradation.
Once the residents are used to the services and the
same is delivered at their door step in a timely manner, it is
utmost important to ensure uninterrupted services round
the clock. This requires building solutions with no single
point of failure and with high levels of availability and fault
tolerance. Increasing the availability of the solutions from
99.9 to 99.99 increases the cost of the project multifold.
The environments in which the technology
solutions are likely to be deployed will cover the length
and breadth of the country and the environmental
conditions vary widely across the country and this results
in stringent requirements in the design of solutions to cater
to all the needs. Robustness and Maturity plays a key role
in the choice of appropriate technologies to work efficiently
and effectively in varying conditions.
One of the challenges that we have is to build
appropriate levels of security in the solution architecture
in order to ensure that the systems are trust worthy. The
users of the systems in remote areas are not tech savvy and
therefore the solutions require high levels of user
friendliness.
UIDAI project for the residents will issue a 12
digit random number and this is portable across the
country. This will help the migrant labourers to have access
to their benefits from across the country seamlessly. To have
a technology solution to address this requirement is to
ensure conformance to standards and inter operability
across all platforms and products.
310
Technology for Financial Inclusion :
Choice of an appropriate and cost effective device
required at the access level is a challenge. The methodology
chosen is to have a Business Correspondent (BC) who
belongs to the village, probably a kirana shop owner, who
will be appointed by the Bank, to drive the operations.
The device that is required to enable banking transactions
is a hand held access device which will constitute a POS
like terminal with a printer and a finger print scanner.
The steps are:
1. The customer / beneficiary will provide the 12 digit
UID number for Identity and his finger print for
authentication. The centralised UID technology
infrastructure located in the data centre will
authenticate the user online.
2. After successful authentication, the BC will put through
the transaction (cash withdrawal, cash deposit, funds
transfer and balance enquiry) based on the information
provided by the customer, on behalf of the customer.
The transaction will be handled either by the
Intermediate system or by the core banking
infrastructure similar to the transactions happening
currently.
3. The customer will also receive a copy of the print out
of the transaction.
4. For funds transfer from the account of Customer A of
Bank X to Customer B of Bank Y the approach that
could be followed is to prefix either a 3 or a 4 digit
number to the UID number to capture the details of
the branch of the bank of the recipient.
We have about more than 600,000 villages in our
country and each village will require at least 2 or 3 such
devices from probably more than one bank and therefore
the volumes that are required in the next two to three years
will be around 200,000. Hopefully this will bring down
the cost from the current upwards of Rs 15000/- to less
than Rs 5000/-
Connectivity Issues :
In order to ensure that the transactions are online
predominantly and support both ON-US and OFF-US
modes, it is mandatory to have reliable and cost effective
connectivity solutions. Fiber optic based data connectivity
is the best option but a distant reality. One of the
technologies that is currently revolutionise the Industry is
the mobile technology. This could be used to meet the
Platinum Platform
requirements initially. We need to use this technology with life - particularly for the most disadvantaged citizens and
a note of caution as the technology is to enable voice based communities.
applications.
Government of India, through the UIDAI, and
Voice is a traffic which can tolerate losses but not with support from the Reserve Bank of India and the
delay. Banking sector is keen to ensure that appropriate and cost
effective technologies are designed and implemented
Data is a traffic which can tolerate delay but not speedily for transferring the benefits to the poor and the
losses. marginalized sector.
To implement mobile based technologies to drive This paper addresses only the aspects related to
data based applications and services and to ensure data and micro payments through the Banking system but the
transaction integrity at all times is a real challenge. Financial Inclusion comprehensively has to look into the
One can also look at the option of GPRS or needs of credit and insurance as well and efforts in parallel
CDMA technologies which are currently deployed by are taking place in other sectors.
service providers across the country. References and Additional Material :
Way Forward : 1. Speeding Financial Inclusion, Sameer Kochhar,
This paper covered the issues related to the Academic Foundation, New Delhi, 2009
technologies that require immediate attention to ensure 2. From Exclusion to Inclusion with Micropayments,
speedy implementation of the Financial Inclusion initiative Working Paper of UIDAI
of the Government of India.
3. Security and Privacy Challenges on the UID, DSCI
Except the suitable and cost effective technology document, January 2010
solutions for the hand held access device and the
connectivity from the access to the backbone all the other 4. MicroATM Standards, Draft report of the IBA-UIDAI
components of the technology solution infrastructure are Working group on Technology Issues.
in place already. The UID initiative of the Identity and 5. Inclusion - Mainstreaming the marginalized. October-
Authentication addresses the secure authentication December 2009 issue
requirement.
Implementation of banking technology solutions
to provide connectivity to rural branches and remote ATMs ****
is not the appropriate solutions for the problem at hand.
We need to arrive at a standards based,
interoperable, cost effective and scalable solutions for
connectivity and hand held devices in order to ensure that
this initiative meets and exceeds the expectations of all stake
holders.
Conclusion :
The Need for creating an identification system that
uniquely identifies a person, and ensures instant identity
verification through biometric authentication mechanisms
is urgent and very important. This would also transform
the delivery of social welfare programmes by making them
more inclusive of communities now cut off from such
benefits.
There is growing evidence that digital technologies
can greatly enhance both quality of services and quality of

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