Ref: 0811-018 of 28-Nov-2008

The terror finally revisited India again, and set the minds of Indian intelligentsia, citizens, politicians,
educationalists, industrialists and philosophers thinking. How long do we have to go by old means,
tools, thinking and philosophy in 21st century when the things have changed so drastically? Old rules
and means no longer apply. The people’s aspirations have changed. If Gandhian model of “charkha”
can be changed to modern water jet looms, why do we allow ourselves stuck to old methods and
beliefs?
The things have changed
dramatically especially over since
2001. Giants have tumbled and
replaced by the more ambitious
aspirants. Thinking is a creative art,
no longer monopoly of the few richer
nations. So called poorer nations are
catching up fast, and indeed very
fast.

While overall life has improved, the

quality of death has deteriorated.
With alarming rise in violence,
extremism in religion, and fanaticism
in few ignorant have made the quality
of life miserable. Often we feel that
we are living by accident, no longer
by willful design or planning. Mumbai
on 26 November 2008 woke up the
nation with stinging alarm that can
not be put it off. We have to wake up
now. It will be too late otherwise.

India’s forefathers drafted Constitution of India based on the aspirations of people at that time and kind
of technology available. Had they lived longer to present day in Internet age, they would have surely
changed or I would say, completely redrafted the Constitution of India to measure up to the thinking and
aspirations of future generations in India.

But in this modern age, we still live with mediocre thinking. Our politicians have hardly grown up. While
their dress styles and outer facades have changed, their thinking is still mired in old dogmas. We must
change now and address to the challenge thrown upon us with full force and vengeance.

The first step that we take is to change the Constitution of India, because that is where everything stops
at the Supreme Court. We have to empower the judges in almost all courts that “do not look back, just
look forward” We are mature enough to ignore the rearview mirror.

Following is the area of our future operation where I have outlined the actions with reflection of past,
their inadequacies, the opportunities provided to the masses for over 60 years, and the proposed
actions with expected result.
Dump Secularism
PAST: India adopted secularism to honour the wishes ACTION: Remove all references from all applications
of all religions with intention that the respective relating to job, admission to any schools, colleges,
religious leaders teach their followers to become the faculties, army, or even in parliament/legislature. Make
ideal and responsible citizens of the society. it an “Economic Crime” punishable for compulsory
imprisonment with additional 3 months of street
PRESENT: It worked until 1990 and then began to lose cleaning job in his own locality where he lives.
the relevance. The illiterate Maula refused to adopt the
th
modernity of 20 century ideas, started assuming the
super power in the name of religion, became autocrats
in the democratic society, and started preaching hatred
and violence to the younger generations.

India gave 60 years to all religions to adjust them

selves to the modern demand. They did not. They
abused the liberty and in democratic society, they
became tyrants.

FUTURE: We have to look beyond. The present

culprits are not today’s suicide bombers but the Islamic
religious leaders who have been guiding the tender
generations with radicalism and violence.

ACTIONS: Dump the principle of Secularism from the
constitution.
Dump Casteism and Reservation
PAST: Casteism is officially debarred but actively and
legally practiced. Many of national and state laws are
defiant of constitution. They have never been tested or
even wetted before turning them into statutes.
If there can not be caste, why should Government
make even mention of it while seeking job applications
or admission to engineering or medical colleges from
general populace? I remember my days in nationalized
bank when one of the Brahmin employees pretended
to be from Scheduled Cast just to get the job.
In country like USA, where the discrimination due to
Sex and Age is barred, the companies are required by
law NOT to even make their mention or seek the
information from the applicant in any manner whatever.
PRESENT: The Scheduled Cast and Tribes were given
chance for 60 years to improve themselves with
hundreds of benefits so far. If they still do not want to
improve their lives and remain dependent on the
Government all the time, it is time to put full stop on
this practice.
We give chance to our own children to make his own
livings after he becomes adult after 21 years. Here, we
gave them 60 years. The nation can not give them
permanent license to become parasite on the national
economy.
FUTURE: Let us make every one equal again. Perform
or Perish should be the principle. Every citizen should
compete with other on equal footing, be it a job,
admission to IIT or Engineering or Medical colleges.
Colourful India has become black and
white due to deep social divide.
Apply National Law universally to all Religions
PAST: India has different law for each religion for over
60 years (in fact over 150 years as they have been
inherited from British Empire). They have no more
relevance to the modern world. The very function of
each law or belief is to serve the community. If they fail
in this regard, they must be invalidated.
In medieval days, when there was no transportation,
no communication, the people in Islamic countries
used to go to other countries based on 4 directions
(North, East, West and South) by walk or on animals or
wooden vessels on long journeys extending over 1
year. In order that they do not defile other women or go
to the prostitutes, they were given right to marry 4
times in different countries.
PRESENT: Different models exist for each citizen
based on his religion.
• Why should an Islamic woman be permitted to
tolerate 4 marriages?
• Why should she be divorced in absence by
rehearsing “Talaak, Talaak and Talaak” 3 times?
• Why should she be denied the basic civil rights?
She is also our mother, sister or daughter
regardless of her affiliation to Islamic religion.
In almost all modern countries, the Common Law or
National Law prevails over the Religious Rules,
Regulations of Beliefs.
Indian Hindus and Christians are as much concerned
with as for them, if their Islamic neighboring women
suffer injustice at the hands of their Maulvis who pass
strictures and even defame the Islamic woman. They
should be “sued” for defamation.
FUTURE: India is for every one, regardless of the
affiliation of any of its citizen to any religion. If any
practice of the religion is violative of national or state
law, then the National Law has to prevail.
ornaments, to make their sons or daughters engineer,
doctor, chartered accountants or MBA. And after
spending millions of rupees, if they find that their
children are not getting job only because they do not
belong to certain caste or tribe, would not they become
angry or feel cheated for no fault of their own?

It is also a universal principle of natural justice under
widely adopted “Jurisprudence”. Those who studied
law will learn it in very first year of Law College.
The principle is,
• If the Rules violate the Regulations, the Regulation
prevails.
• If Regulations violate the State or National Law,
the State or National Law prevails
• If State or National Law violate the Constitution,
then the Constitution prevails
Similarly, when the Religious beliefs or dictate defy the
nation’s law, then the National or State Law has to
prevail. This is called Justice.
ACTION: Make the National Law as Prevalent over the
Religious dictates so long and to the extent as they
defy or violate the national law
Set the Merit based Criteria as Fundamental Right
PAST: for over 60 years, the jobs, benefits of every
kind, help or subsidies are made available to various
sections of the society based on cast, creed, religion or
age (seniority). This has pushed the nation to the
backward. It was no doubt okay before, back in 1950,
but 60 years is more than enough support to any
weaklings.
FUTURE: Let us say “Enough is Enough” If a nation
has to progress, the only criteria should be Merit, Merit
and only Merit. Seniority and experience also form the
part of the Merit, so the term of the Merit should be
properly defined.
Once the parents realize that their children will not
meet injustice and will get jobs or benefits only on
merits, renewed sense of confidence will emerge
through out the entire population. All those who are not
efficient, not meritorious, will be forced to re-qualify
themselves to protect their presence in any field.
Yes, not everyone will be competent. But in that case,
they should not expect higher post or promotions only
because they do not know how to do their job.
The labour productivity will enhance several times, and
will be so cost efficient, that the nation will be reaping
billions of dollars or thousands of crores due to sheer
efficiency and India can arrive at the top league in no
time.
ACTION: Make the Merit based criteria as
Fundamental Right so that no state or institution can
abuse the status of really a competent man.

They have become burden on the state. Merit has

taken the backseat for all these years. It has to stop
now for ever.

PRESENT: Often you find that your son with 90%

marks in Inter Science is denied admission to medical
or engineering college. Why, same admission is given
to unworthy student with 40% marks only because he
belongs to the Backward Caste or Tribe. B. SC no
longer means Bachelor of Science, but the Bachelor of
Scheduled Cast.

What kind of engineer of doctor the nation will be

generating out of these non-qualified people? If they
become engineer, and a bridge collapses, thousands
will die. Who will be responsible? Of course, the
Government of India - for initiating, promoting and
protecting such unhealthy policy.

Who will be responsible, if a Doctor from poorly

educated student from Scheduled Cast causes the
death of a patient? Again, the Government of India - for
following populist and opportunist policy.

The education is no longer cheap as it used to. The

parents have to spend fortune, sell their homes or
Withdraw All Concessions to All States
In Democracy, all states should be treated as equal.
Just as all children are alike to parents, the
Government should make it a practice of treating each
state as same as others.
PAST: Kashmir is an example to the point. Why should
not national law be applicable to Kashmir which is one
of the professed integral parts of India? Why should
there be a separate status and let them have preferred
law? Why rest of the Indians can not go to the Kashmir
and buy the property or any other asset class over
there?
PRESENT: Such special treatment is fomenting the
feeling of separation in Kashmir. If any Indian can go
there, buy the property and make it a home, lot of
wealth will pour into the troubled state. When the local
population sees the prosperity on par with other states,
they will be tempted to participate in national activity.
Influx of more Hindus, Christians, Buddhists and other
religions will persuade the Kashmiri to participate in the
growth of not only its own state, but the nation as a
whole. They will be able to compare how much
prosperous they could be even while remaining as
Islamist compared to the life on the other side of the
border.
FUTURE: By fully integrating Kashmir with India in all
respects, with same common law as enjoyed by
millions of Hindus and Muslim brothers in rest of India,
a feeling of unity will be cultivated and they will be
proud to say “ An Indian first, Kashmiri later”. More
Kashmiri will move out of Kashmir into other states in
search of education, job, profession or business.
In 36 years of presence in Mumbai, I never met a
Kashmiri in school, college, university, bus, and train
on the street, road or plane. One of my eldest brother’s
friends, a Parsi gentleman, used to advise us – See
the beautiful Kashmir before it is too late.
When one legally distinguishes other, it creates the
feeling of separateness. It is always better to legalize
what it should be before attempting to pump in billions
of dollars or rupees.
Would you buy a property by paying lakhs of rupees in
advance if the legal title to the property is in doubt?
ACTION: Abolish the Special Administration Act for
Kashmir and integrate it fully with India in every
respect. The Government should open as initial
gesture IIT (prestigious world class engineering
institute), Medical college, A giant University,
Management Institute on par with IIM (Indian Institute
of Management), number of mini hospitals and also
mobile health centers, major Rail or Road
transportation system as suitable for mountainous
range, Waterway, major Industrial estate, tax
concessions for moving into Kashmir, and host of
Agriculture related activities (horticulture, fruits like
Apples, berries). A world class Business Convention
center may also be built with the collaboration with
leading Industrialists in India to promote the business
from and to Kashmir.
Make Official India as Hindu Nation
Almost every country has official state religion. Many
Islamic nations with 60% to 80% population being
Muslim declare their state as Islamic and embrace
Islam as official religion of the state.
Please refer to the website -
http://www.islamicpopulation.com/asia_islam.html for
latest Muslim population in the world. It is possible that
the data may be overstated. Yet, it may serve as
indicative source, if not accurate one.
Forget the percentages (%). Most officially declared
Islamic nations are small, with largest one being
Indonesia, followed by Pakistan.
India ranks the world’s largest Muslim population
with over 220 Millions followed by Indonesia (195
Millions), Pakistan (157 Millions), China (130 Millions),
Bangladesh (127 Millions).
Over 80% Indians are Hindus. In terms of numbers,
they are over 800 Millions. If Muslim nations can
declare their state as Islamic state because majority of
their population being Muslim, why not India declare
itself as Hindu nation with 80% or 800 Million Hindus?
By contract, NEPAL was the only Hindu nation in
the world on the earth until 2006 when it adopted
Secularism as its official status. Nepal had over 20
million Hindus whereas India with 800 Million Hindus
(80%) was not a Hindu nation!
By making India as Hindu Nation, a clear message will
be sent to the extremist Islamic nations that although
you are not allowing temples or churches to be built in
your countries, we do permit building of Mosques
under our democratic society. We have Muslims far
larger than all of your nations put together. The Islamic
women in India enjoy greater freedom in learning,
yearning, earning, and following the independent life.
This is the place where you can exist independently
and resist all evils of extremism.
The Islamic population in India is mostly peaceful.
They have voluntarily stayed in India since partisan
daus and realized the differential life of Muslims in
India and Pakistan after 60 years. They tell Muslims in
the world by their actions that they liken Hindu India
as the safest destination for Muslims. In spite of 800
Million Hindus, same National Law applies to all
religions alike. No special treatment for any one.
And India can revert to its original name for centuries–
Hindustan. And why not If Bombay could be renamed
Mumbai, Madras as Chennai, Calcutta as Kolkatta,
and Cochin as Kochi?
The Name conveys it all. Hands Off India

Anil Selarka (Kalidas)

Hong Kong

Ref: 0811-018 – Reforming the Indian Constitution