Objection, Milord!

The bard William Shakespeare is now a frequent visitor to Indian court rooms. By paraphrasing Marcellus’ famous line ‘something is wrong in the State of Denmark’ in Shakespeare’s Hamlet, the Supreme Court has shown its extraordinary annoyance about the state of affairs in Allahabad High Court. The Bench, comprising Justices Markandey Katju and Gyan Sudha Mishra, made two inter-connected points to support the contention that “something is rotten in the Allahabad High Court.” One was the number of complaints about the lack of integrity in a section of the judges, something the Bench said the Chief Justice of the High Court must take action on, the other was that some judges have their friends and relatives practicing as lawyers in the court – a state of affairs that, it noted, has resulted in such people becoming ‘multi millionaires’ with ‘huge bank balances, luxurious cars (and) huge houses’. The relevance here is to a pernicious and entrenched phenomenon, which the Law Commission in its 230^th report, referred to as “Uncle Judges”. Uncle Judges are the inevitable result of the practice of appointing district judges and those who have practiced lawyers in a High Court as a judge of the same High Court. As the Law Commission observed, “impartiality and justice is the loser” when “judges either settle their scores with advocates who have practiced with them or have a soft corner for them.”

Surprisingly, the phenomenon of Uncle Judges persists despite the Bar Council of India Rules, 1975, which state that advocates should not plead before a court if related to the judge, although the stipulation cannot preclude a proxy being used by advocates by a pre-set arrangement. The Supreme Court's charter of values, adopted in 1997, prohibit judges from permitting close relatives to appear before them. The Judicial Standards and Accountability Bill, which is pending in Parliament, will make it illegal to be an Uncle Judge. Section 3 of the proposed legislation specifically bars a judge from permitting “any member of his immediate family (including spouse, son, daughter, son-in-law or daughter-in-law or any other close relative) who is a member of the bar to appear before him or be associated in any manner with any case to be dealt by the judge.” An important reason behind the mass transfer of 30-odd High Court judges this September and October carried out in the “public interest” by the Supreme Court collegium was that many had kith and kin practicing in the same court. But while transfers can check nepotism, they are hardly an effective way of checking other forms of judicial misconduct - most often, they only shift the problem from one court to another. What is needed is an effective mechanism for dealing with judicial misbehaviour, something that the proposed legislation promises. This is why no time must be lost in passing it.

This is one thing. Another related development, possibly, opens a new chapter in the history of Indian judicial administration: that is, ‘Intra-judicial conflict.’ Constitutional experts say it’s rare for a lower court to take on the Supreme Court in this manner.

Taking a serious view of its strong indictment by the Supreme Court bench, the Allahabad High Court has decided to move the apex court for expunging the critical remarks against it like "something is rotten" out there. Sources said the judges of the Allahabad high court have voiced their anger over the Supreme Court's critical observations against its functioning and for raising questions about its integrity.  The judges allege “contempt of court” and have decided to move an application before the Supreme Court for expunging the critical remarks. Interestingly, the governing council of the Bar Association at its meeting held on Dec 3 said they had nothing to do with the issue. (The Allahabad High Court has since filed a petition in the Supreme Court)

But what is more worrying from a citizen’s point of view is the reported remark of a senior judge of High Court to a newspaper, “There can always be a few examples of wrong doing by judges and lawyers, even in the apex court itself, but a sweeping remark against a state bench is just not justified.” (IE Dec 4). Any law respecting and abiding citizen will have nagging questions such as,

Ø  “Had any other person made such a remark when the Allahabad High Court delivered the particular judgement which had been overruled by the Supreme Court, would not he be convicted for ‘contempt of court’. (for casting aspersion on the judges?) If it is so, does it imply that the citizen has to silently tolerate the pronouncements of a corrupt judge?

Ø  Will not such open indictment of a State High Court (brother) judges by the apex court damage the already corroding image of the entire judiciary and its credibility in the eyes of the public? Could not the same plea to the Chief Justice of the High Court be addressed to confidentially and the rot rectified?

Ø  If the charge of the senior judge of the Allahabad High Court that there were “wrongdoings by judges even in the apex court itself” is true, what is the recourse they have to get it remedied?

The reputation of India's judiciary, considered overbearing and democratically unaccountable by many, took a knock with the publication of a report by Transparency International (TI) called the "Global Corruption Report 2007".

In the order of most corrupt institutions, judiciary is placed third, only after Transport and Police, possibly because the number of people encountering courts are lesser than the other two.

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

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

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

"The report only covers the lower or subordinate judiciary and excludes the judges of the High Courts and the Supreme Court. There are credible reports that corruption has permeated the higher judiciary too,'' Baxi told.

In January 2002, S.P. Bharucha, then Supreme Court Chief Justice, said that 20 percent of the higher judiciary might be corrupt. In recent years, several upper court judges have been accused of "irregularities", for instance, in the preferential allotment of valuable land by state governments, and other favours.

The report of the Berlin-based TI should greatly embarrass India's judiciary, which always takes a sanctimonious stand on corruption. However, no case of judicial corruption has ever been put on trial in the country. Under the Indian system, it is virtually impossible to charge or impeach a judge.

"In India, impeachment is not feasible because it requires a huge (two-thirds) majority in Parliament,'' argues Colin Gonsalves, a public interest lawyer with the Human Rights Law Network, “It is impossible to muster the numbers necessary for impeaching a judge. In 1993, V. Ramaswamy, a Supreme Court judge, was found culpable by a court committee. But he was politically well-connected and could not be impeached.

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

The higher courts of India, shielded from public scrutiny, have increasingly turned conservative. Judicial corruption is attributable to a number of factors, including "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws", according to TI.

Says the TI report: "As of February 2006, 33,635 cases were pending in the Supreme Court; ... 33,41,040 cases in the High Courts; and 25,458 cases in the 13,204 subordinate courts. This vast backlog leads to long adjournments and prompts people to pay to speed up the process. In 1999, it was estimated: ‘At the current rate of disposal it would take another 350 years for disposal of the pending cases even if no other cases were added'."

"The judicial system, including judges and lawyers, has developed a vested interest in delays as well as corruption; it promotes a collusive relationship between the different players", said Baxi.

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

In recent years, the Indian courts have practised "micro-management" of functions which properly belong to the executive, including specifying which fuel should be used in public buses, how cities should be planned and run, whether or not certain books should be censored, and whether street food should be sold. The executive and legislature resent and chafe at this. Indeed, a first-rate conflict is brewing between these arms of the state, and the courts. There is a move to demand judicial accountability through a National Judicial Council Bill, which would allow serious investigation of corruption and other misconduct on the part of judges. However, the Bill remains mired in conflict. The judiciary wants the Council to be manned entirely by judges, to the exclusion of members of the government, and equally important, of civil society. The executive does not.

That corruption is all pervasive in judiciary from bottom to top came into light recently when former Union Law Minister Shanti Bhushan told the Supreme Court that eight out of the 16 former chief justices of India (CJIs) since 1990 were "definitely corrupt". Shanti Bhushan said this in an affidavit filed on Sep. 6, 2010. He said that six out of the 16 CJIs were "definitely honest". About two CJIs "a definite opinion cannot be expressed whether they were honest or corrupt", he said.

The senior counsel gave details of the identity of the "definitely corrupt", "definitely honest" and two other judges in a sealed cover for the perusal of judges hearing a contempt petition against his son and advocate, Prashant Bhushan. Shanti Bhushan has signed the list. The former minister said that since he was saying so publicly he should be made to face contempt of court proceedings and impleaded in the case in which Prashant Bhushan too was facing contempt proceedings.

Prashant Bhushan is facing contempt proceedings for saying that Chief Justice S.H. Kapadia committed a judicial impropriety by being on the forest bench that heard Sterlite Industries matter. He said this in an interview and at that time Chief Justice Kapadia was a senior judge in the apex court.

In his affidavit, Shanti Bhushan said that he should be "suitably punished for this contempt".  The former Law Minister said that he would consider it as an honour to spend some time in jail for making an effort to get the people of India an "honest and clean judiciary".

The senior counsel said that since the question arising in this case affects the judiciary as a whole, the petition "needs to be decided by the entire court and not merely by three judges handpicked by a Chief Justice".  Sixteen CJI in the past that Shanti Bhushan has mentioned in his affidavit are Justice Rangnath Mishra, Justice K.N.Singh, Justice M.H.Kania, Justice L.M.Sharma, Justice M.N.Venkatachalliah, Justice A.M. Ahmadi, Justice J.S. Verma, Justice M.M. Punchhi, Justice A.S. Anand, Justice S.P. Bharucha, Justice B.N.Kirpal, Justice G.B.Pathak, Justice Rajendra Babu, Justice R.C.Lahoti, Justice V.N.Khare and Justice Y.K. Sabharwal.

Shanti Bhushan in his affidavit said that two former CJIs had personally told him that their immediate predecessors and immediate successors were corrupt judges. He said that the names of those four CJIs were included in the list of eight "corrupt" CJIs.

The senior counsel said that there was a time when it was "almost impossible even to think that a judge of a high court or the Supreme Court could be corrupt". Things have changed drastically during the last two to three decades which witnessed corruption growing in the Indian judiciary. So much so that even a sitting Chief Justice of India had to openly admit that 20 percent of judges could be corrupt, Shanti Bhushan said in his affidavit.  Shanti Bhushan in his affidavit referred to Gujarat High Court Chief Justice S.J. Mukhopadhyay's remark that "in our judiciary, anybody can be bought". He said despite Chief Justice Mukhopadhyay's perception, there are a large of number of honest judges in the country. However, he said that honest judges too were becoming the victim of this public perception since no institution was taking steps to deal with corruption in judiciary. (25 eminent personalities for various walks of life have moved the Supreme Court extending support to Bushans)

We have by now got so used to "judicial outbursts" in the Supreme Court that nobody cares to remonstrate. “In no other apex court would one find such persistent tendency of intemperate sweeping and undignified comments by judges. Judgespeak has crossed the bounds of courtesy. It’s time for introspection” says veteran jurist A.G.Noorani. Leaving aside such instances in the last couple of weeks, comment on which may invite ‘sub-judice’ clause, let us examine certain observations apex court judges made sometime back. For four consecutive days in August 2008, the public was treated to a sorry demonstration of the trait. On August 5, Justice B.N. Agrawal said during the hearing in the VIPs' bungalows case, "The whole government machinery is corrupt, whether at the Centre or in the states. They (senior officials) don't apply their mind, rather they don't have a mind to apply. They don't have the guts to differ with the opinion of clerks."

When Justice G.S. Singhvi intervened to say, "God alone will have to help this country," Justice Agrawal added, "Even God will not be able to help this country.... Our country's character has gone." This is not the language of an umpire, but more like that of a political adversary. Earlier, Justice Agrawal had remarked that the squatters should be arrested and given the "third degree". What message does this send to our police?

The next day, August 6, when the two judges sat with Justice V.S. Sirpurkar to hear the Ghaziabad judges scam case, Justice Agrawal freely dilated on the media's sins which bore no relevance to the issues in the case. The limits were crossed on August 7, when Justice Agrawal accused senior counsel and former Law Minister Shanti Bhushan of behaving "like a street urchin" three times. This was not judicial censure, it was sheer abuse!

On August 8, a case concerning cops who refused to register FIRs was heard by Justices Agrawal and Singhvi. The bench said, "In this case you need huntering (sic, flogging presumably) to make you work." One is at a loss to know which of the judges made this shocking remark, because a former CJI, J.S. Verma, forbade the media from reporting observations by individual judges during hearings. This is simply preposterous. Judges speak as a bench in the judgement. Oral observations belong to an individual judge and the public has a right to know who said what.

Critics are shown scant fairness. On February 19, 2008, Chief Justice K.G. Balakrishnan, while hearing petitions for bail in the Godhra case, asked all the lawyers present whether they were in any way connected with Teesta Setalvad. Furious with an article in ‘Mathrubhumi’ daily he asked, "Who is this Teesta Setalvad? Is she a spokesperson of these persons or petitioners? If she is representing these persons (the Godhra accused), we do not want to hear them." He had, of course, no right to bar them thus; still less to censure her without hearing her. Eminent intellectuals and national leaders, including the then Lok Sabha Speaker Somnath Chatterjee were moved to protest.

As a great judge, Lord Macmillan pointed out, "courtesy and patience...are essential if the courts are to enjoy public confidence" or ensure a fair and free trial. The overreaction in the Ghaziabad case is no aberration. On January 5, 2007, the bench comprising Justices Y.K. Sabharwal (then CJI), Pasayat and Kapadia threatened additional solicitor-general Vikas Singh with contempt for "trying to create an impression" that the court was crossing constitutional limits—a perfectly legitimate submission for a lawyer to make.

The court's intolerance has grown apace with its acquisition/usurpation of executive power. Justice Pasayat said on July 14, 2007, "People who do not have their own Lakshman rekha should not dictate to others". Sometimes judges have to overstep the bounds of the judiciary to deliver justice for the common good. But when politicians answer back, the judges are upset and even comment on remarks on the floor of the legislature, as CJI Sabharwal did on July 19, 2006, on a Karnataka MLA's remarks.

The overbearing tendency among apex court judges is found rampant with their off-the-cuff oral remarks against all and sundry, which will not constitute part of the judgement and obiter-dicta (non-binding opinion). But pervert newspapers and TV channels scrambling for headlines and ‘breaking news’, flash them very prominently as if the apex court delivered its judgements coming down heavily on so and so. The judges themselves had a taste of their oral observation given a twist on their ‘pulling up the Prime Minister and later had to pull up the media’. That should have made them more cautious and circumspect but it does not appear so.

We have reached a stage where there is need to define limits by all who are engaged in the administration of justice.

(12-12-10)

Paradigm of Misuse!

Perhaps the most famous Bible story about morality is that of the woman who was caught in immoral act and then brought to Jesus for him to judge whether or not it was correct to stone her. His wise answer took everyone by surprise. He did not dispute the legality of stoning the woman, but he demanded that the first stone be cast by a person who had never sinned. Chagrined, the crowd wandered off. (John 7:53.8:11)

If the hyper-active media (both print and electronic), media houses, owners and individual mediapersons, the self-acclaimed crusaders against corruption and misuse of power are posed with the same demand of Jesus, they will certainly wander off like the Biblical crowd.

The Press Council of India has admitted that corruption is all-pervasive and institutionalized in Indian media. Also, the only one field in the country where misuse of freedom is not an exception but the very norm of existence is the field of journalism – from individuals to institutions.

There was a time when journalism was a mission. Soon it became a profession and is now run as a full-fledged business activity like any other enterprise. It was passion, zeal and social consciousness which brought people into the field of journalism. But when it turned into a profession for individuals, and industry for profit-seekers and corporate companies for promotion of the interests of the high and mighty, objectivity gave way for subjectivity, neutrality became the casualty and ethical journalism fading into the oblivion in the heat and light of commercial journalism, propaganda and campaign journalism and the latest scourge of ‘paid news.’

If the Radia tapes show us anything, they show us again who runs this country. Corporates. Not even the lobbyists who do their bidding — but would have much less clout without their backing. Not journalists who crave access to corporate titans or seek to advise them on how to fix the courts. It wasn't long ago that a whole session of Parliament went by in just debating the dispute between the Ambani brothers. A private spat over a public-owned resource called natural gas. Oddly enough, Parliament has never had a whole session focussed on agriculture. Not even through the sector's worst crisis in the past decade.

The period has also seen the emergence of media themselves as major corporate entities. Today, we often have seamless movement between the personnel of some economic or financial newspapers and non-media corporations. An assistant editor goes off to Company ‘A' as a PRO, returns in a more senior post to the same newspaper. Next, goes on as chief PRO, or maybe even as chief analyst or a business manager to a bigger corporate. But the newspaper's door is open for his or her return, perhaps as resident editor.

The dominant media are not pro-corporate or pro-big business. They are corporates. They are big business. Some have margins of profit that non-media outfits might envy. Media corporations are into hundreds of businesses beyond their own realm. From real estate, hotels, mining, steel, chemicals, rubber and banks to power and sugar. Even into private treaties with other corporations in whom they acquire a stake. On the boards of India's biggest media companies are also top corporate leaders. Some who find places on the Governor's Forums of the World Economic Forum. Others heading private banks.

“The phenomenon of ‘paid news' goes beyond the corruption of individual journalists and media companies. It has become pervasive, structured and highly organised and in the process, is undermining democracy in India.” So finds the draft report of inquiry conducted into the phenomenon by the Press Council of India.

The report is titled “Paid News: How corruption in the Indian media undermines Indian democracy.” It marshals a vast amount of material on the issue and is a compendium of media malpractice. It explicitly names newspapers and channels — including some of the biggest groups in the country — seen as having indulged in the “paid news” practice.

Interestingly, many prominent politicians and public figures either deposed before the inquiry panel or made written submissions to it. Others also handed the panel their statements on the subject elsewhere. Across the spectrum, points out the report, even politicians normally loath to antagonize the media have complained bitterly about what many of them see as little more than extortion. A Sub-Committee of the Press Council, comprising Paranjoy Guha Thakurta and K. Srinivas Reddy, conducted the inquiry. Their report quotes that the “paid news” menace had “started out as an aberration, went on to become a disease and is now an epidemic”.

The report traces the emergence of the paid news phenomenon over years and phases including such forms of space selling as MediaNet and Private Treaties. “In pursuing its quest for profits,” it says, “it can be argued that certain media organizations have sacrificed good journalistic practices and ethical norms”. What began as individual or one one-off transgression, it points out, became institutionalized over the years. “Private Treaties” involve deals where corporates pay media companies in shares for advertising, plus other, favourable treatment.

The Radia Net has caught unawares one Bharkha Dutt and one Vir Singhvi. If the net (telephone tapping) is extended to cover all lobbyists and PR firms many more whales, sharks and tens of thousands of small fishes will be caught from the Ocean of Journalism.

The strength and importance of media in a democracy is well recognized. Article 19(1)(a) of the Indian Constitution, which gives freedom of speech and expression includes within its ambit, freedom of press. The existence of a free, independent and powerful media is the cornerstone of a democracy, especially of a highly mixed society like India.

However, there are always two sides to a coin. With this increased role and importance attached to the media, the need for its accountability and professionalism in reportage cannot be emphasized enough. In a civil society no right to freedom, howsoever invaluable it might be, can be considered absolute, unlimited, or unqualified in all circumstances. The freedom of the media, like any other freedom recognized under the constitution has to be exercised within reasonable boundaries. With great power comes great responsibility. Similarly, the freedom under Article 19(1) (a) is correlative with the duty not to violate any law.

Every institution is liable to be abused, and every liberty, if left unbridled, has the tendency to become a license which would lead to disorder and anarchy. This is the threshold on which we are standing today. Television channels in a bid to increase their TRP ratings are resorting to sensationalized journalism with a view to earn a competitive edge over the others. Investigative operations have now become the order of the day. They are a part of the hectic pace at which the media is evolving, carrying with every investigation as much promise as risk. At present, there is a trend in the media, more pronouncedly in the electronic media, of “propaganda and campaign journalism” where (mostly half-baked) reporters were required to give “snap judgements” on all kinds of issues without knowing anything about the subjects and the (super-assuming) anchor persons asking all sorts of questions. Such careless treatment of important issues by the media which was expected to shape the opinion of the masses could not be taken lightly. However, though technology cannot be thwarted but it has its limits. It can not be denied that it is of practical importance that a precarious balance between the fundamental right to expression and the right to ones privacy be maintained.

The second practice which has become more of a daily occurrence now is that of Media trials. Something which was started to show to the public at large the truth about cases has now become a practice interfering dangerously with the justice delivery system. Both are tools frequented by the media. And both highlight the enormous need of what is called ‘responsible journalism’. Television channels have started a series of investigative attempts with hidden cameras and other espionage devices. Now the moot question that arises is whether it is for the media to act as the ‘law enforcement agency’!

The carrying out of an investigative story may be an expression of the right to free press but it caries with it an indomitable duty to respect the privacy of others. The individual who is the subject of a press or television ‘item’ has his or her personality, reputation or career dashed to the ground after the media exposure. He too has a fundamental right to live with dignity and respect and a right to privacy guaranteed to him under Article 21 of the Constitution.

Today, it is being witnessed that the over-inquisitive media, which is a product of over-commercialization, is severely encroaching the individual’s right to privacy by crossing the boundaries of its freedom. Yet another observation of the court which touched this aspect of violation of right to privacy of the individuals is found in the judgment of the Andhra Pradesh High Court in Labour Liberation Front v. State of Andhra Pradesh. The Court observed as follows:

Once an incident involving prominent person or institution takes place, the media is swinging into action and virtually leaving very little for the prosecution or the Courts to examine the matter. Recently, it has assumed dangerous proportions, to the extent of intruding into the very privacy of individuals. Gross misuse of technological advancements and the unhealthy competition in the field of journalism resulted in obliteration of norms or commitment to the noble profession. The freedom of speech and expression, which is the bedrock of journalism, is subjected to gross misuse. It must not be forgotten that only those who maintain restraint can exercise rights and freedoms effectively.

Trial by media has created a ‘problem’ because it involves a tug of war between two conflicting principles – free press and free trial, in both of which the public are vitally interested. The freedom of the press stems from the right of the public in a democracy to be involved on the issues of the day, which affect them. This is the justification for investigative and campaign journalism.

At the same time, the right to fair trial, i.e., a trial uninfluenced by extraneous pressures is recognized as a basic tenet of justice in India. Provisions aimed at safeguarding this right are contained under the Contempt of Courts Act, 1971 and under Articles 129 and 215 of the Constitution of India. Of particular concern to the media are restrictions which are imposed on the discussion or publication of matters relating to the merits of a case pending before a Court. A journalist may thus be liable for contempt of Court if he publishes anything which might prejudice a ‘fair trial’ or anything which impairs the impartiality of the Court to decide a case on its merits, whether the proceedings before the Court be a criminal or civil proceeding.

Similarly there have been a plethora of cases in India on the point. The observations of the Delhi High Court in Bofors Case or Kartongen Kemi Och Forvaltning AB and Ors. v. State through CBI are very much relevant, as the Court weighed in favour of the accused’s right of fair trial while calculating the role of media in streamlining the criminal justice system:

It is said and to great extent correctly that through media publicity those who know about the incident may come forward with information, it prevents perjury by placing witnesses under public gaze and it reduces crime through the public expression of disapproval for crime and last but not the least it promotes the public discussion of important issues. All this is done in the interest of freedom of communication and right of information little realizing that right to a fair trial is equally valuable. Such a right has been emphatically recognized by the courts of Human Rights:

Again it cannot be excluded that the public becoming accustomed to the regular spectacle of pseudo trials in the news media might in the long run have nefarious consequences for the acceptance of the courts as the proper forum for the settlement of legal disputes.

The ever-increasing tendency to use media while the matter is sub-judice has been frowned down by the courts including the Supreme Court of India on the several occasions. In State of Maharashtra v. Rajendra Jawanmal Gandhi, the Supreme Court observed:

There is procedure established by law governing the conduct of trial of a person accused of an offence. A trial by press, electronic media or public agitation is very antithesis of rule of law. It can well lead to miscarriage of justice. A judge has to guard himself against any such pressure and is to be guided strictly by rules of law. If he finds the person guilty of an offence he is then to address himself to the question of sentence to be awarded to him in accordance with the provisions of law.

The position was most aptly summed up in the words of Justice H.R.Khanna:

“Certain aspects of a case are so much highlighted by the press that the publicity gives rise to strong public emotions. The inevitable effect of that is to prejudice the case of one party or the other for a fair trial. We must consider the question as to what extent are restraints necessary and have to be exercised by the press with a view to preserving the purity of judicial process.

The press must also keep in view its responsibility and see that nothing is done as may bring the courts or the legislature into disrepute and make the people lose faith in these institutions.”

Concern has been voiced about the attitude of media managements in treating news as just another ‘commodity’ and means to raise their profits. The increasing dependence of newspapers on advertisements is threatening core journalism. Some newspapers did not even appoint editors and the marketing forces decided the editorial policies resulting in cutting down in the number of journalists.

There was a time when the Indian Press was behaving like a worthwhile, valuable institution, but there is need to get out of the vicious circle where the newspapers would not be dictated to by the corporate world and political interests of the owners. The role of journalists is particularly appalling, as they are becoming increasingly corrupt, being bought over by corporate and political players to get media coverage. There seems to be no self-regulation; but for the appointment of an Ombudsman by the English daily ‘The Hindu’ to guard the readers’ interests, no other major newspapers were following the example to encourage ethical journalism. There is also the phenomenon of editorializing reports with heavy opinion and not segregating ‘advertorial materials’ from hard news for the healthy growth of media in the country.

While these are the overall trends of the media in the whole of the country, the state of affairs in the media in Tamil Nadu, is more worrisome. By and large political bias and partisanship have crippled newspapers and periodicals here. Although the media as a whole suffered heavily with more than 100 defamatory cases, raids in the offices of newspapers and houses of journalists, arrests and detentions even under draconian POTA, during the previous authoritarian regime of Jayalalitha and in spite of enjoying unbridled freedom (despite enormous provocation), under the media-friendly rule of Kalaignar, for reasons best known only to them. Certain sections of the dominant media adopt a very hostile attitude towards the DMK and in particular Kalaignar and directly promoting the interests of Jayalalitha.

Throwing to winds the fundamental objective of journalism to serve the people in a fair, accurate, unbiased, sober and decent manner and Norms of Journalists Conduct enunciated by the Press Council of India, these newspapers and periodicals work like political adversaries of the DMK government and agencies of Jayalalitha. In particular, the newspapers ‘The New Indian Express’, ‘Dinamani’ and ‘Dinamalar’ and journals ‘Junior Vikatan’, ‘Ananda Vikatan’, ‘Kalki’ and ‘Kumudam Reporter’ are overtly functioning as ADMK mouthpieces and English dailies ‘The Times of India’ and ‘Deccan Chronicle’ remain on the periphery. The writings of the Editor-in-Chief of the Indian Express, Aditya Sinha and the editor of ‘Dinamani’, K.Vaidyanathan themselves speak for their indecency, mediocrity, vulgarity, bias and partisan attitude. Their writings are mere reflections of their own feelings and political commitments. Columnists of the English daily such as Gurumurthy and Francois Gautier are known Hindu chauvinists and their writings are openly provocative. For ‘Dinamani’ any Tom, Dick and Harry can contribute articles, provided he is anti-DMK and anti-Kalaignar. With such people at the helm the standard of those dailies goes without saying.

The Press Council of India updated in 2005, the Norms of Journalistic conduct notable among which are:

“The Press shall not intrude or invade the privacy of an individual, unless outweighed by genuine overriding public interest, not being a prurient or morbid curiosity.

The newspaper should promptly and with due prominence, publish either in full or with due editing, free of cost, at the instance of the person affected or feeling aggrieved/or concerned by the impugned publication, a contradiction/reply/ clarification or rejoinder sent to the editor in the form of a letter or note. If the editor doubts the truth or factual accuracy of the contradiction/reply/clarification or rejoinder, he shall be at liberty to add separately at the end, a brief editorial comment doubting its veracity, but only when this doubt is reasonably founded on unimpeachable documentary or other evidential material in his/her possession. This is a concession which has to be availed of sparingly with due discretion and caution in appropriate cases.

Freedom of the Press involves the readers' right to know all sides of an issue of public interest. An editor, therefore, shall not refuse to publish the reply or rejoinder merely on the ground that in his opinion the story published in the newspaper was true. That is an issue to be left to the judgement of the readers. It also does not behove an editor to show contempt towards a reader.

Journalists and columnists owe a very special responsibility to their country in promoting communal peace and amity. Their writings are not a mere reflection of their own feelings but help to large extent in moulding the feelings and sentiments of the society at large. It is, therefore, of utmost importance that they use their pen with circumspection and restrain.

The role of media in such situations (Gujarat Carnage/Crisis) is to be peacemakers and not abettors, to be troubleshooters and not troublemakers. Let the media play their noble role of promoting peace and harmony among the people in crisis in the country. Any trend to disrupt the same either directly or indirectly would be an anti-national act. There is a greater moral responsibility on the media to do their best to build up the national solidarity and to recement the communal harmony at all levels remembering the noble role they had played during the pre-independence days.

In general, Provocative and sensational headlines are to be avoided;  Headings must reflect and justify the matter printed under them; Headings containing allegations made in statements should either identify the body or the source making it or at least carry quotation marks.

It is the duty of the newspaper to ensure that the tone, spirit and language of a write up is not objectionable, provocative, against the unity and integrity of the country, spirit of the constitution, seditious and inflammatory in nature or designed to promote communal disharmony. It should also not attempt to promote balkanisation of the country. One of the jobs of the journalists is also to bring forth to the public notice the plight of the weaker sections of society. They are the watchdogs on behalf of the society of its weaker sections.

Distortion or exaggeration of facts or incidents or giving currency to unverified rumours, suspicions or inferences as if they were facts and base their comments on them. Employment of intemperate or unrestrained language in the presentation of news or views, even as a piece of literary flourish or for the purpose of rhetoric or emphasis. Exaggerating actual happenings to achieve sensationalism and publication of news which adversely affect harmony with banner headlines or in distinctive types.

News reports should be devoid of comments and value judgement; Presentation of news should not be motivated or guided by partisan feelings, nor should it appear to be so; Language employed in writing the news should be temperate. Corrections should be promptly published with due prominence and regrets expressed in serious cases.”

But the norm generally followed by the media as a whole in the country and more pronouncedly in Tamil Nadu, seems to be ‘gross violation of all these norms!’

When Mahatma Gandhi was assassinated on January 30, 1948 the contemporary Prime Minister of Great Britain  Clement Attlee exclaimed:

“O Indians, the Gandhi we saved for 40 years, you could not save him even for a single year.” Immediately when he was asked whether he suggested that Indians were unfit for freedom and democracy, Attlee was reported to have said “Personally I think so…”

The people of India have belied Attlee’s suggestive remark; Are the media houses and journalists justify it?

(19-12-10)

Reaching every household!

A London-based doctor – an expatriate Sri Lankan Tamil – came to our office last week to get some details about the ongoing projects and schemes of the State government in Tamil Nadu. He said he had been conversing with a number of people – mostly auto drivers, traders and assistants at his place of stay in the city, all of whom but for one, were appreciative of the DMK government. For instance, an auto driver had told him that his son, who secured 80 percent in Plus Two examination, got admission in an engineering college under government quota in OBC category. Much more, the government also pays the tuition fees as his son is the First generation graduate student in his family, he and his wife having only school education. “How can I be ungrateful to Kalaignar?” the auto driver had asked. The only dissenting voice was that of an auto driver, obviously ADMK supporter, whose ‘grievance’ was that flat flood relief of Rs.2,000 was not paid now as in 2005. (There were no torrential rain for four months and floods this year as in 2005, and more over it was because of Kalaignar’s persuasion that the Centre sanctioned aid for which Jayalalitha sought to take credit).

The experience of the London doctor with the people of the state is an indication of the people’s mood in Tamil Nadu. It also shows clearly that the benefits of the government’s schemes have reached the people. The doctor went on to say that it was only during the tenures of Kalaignar that Tamil Nadu witnessed planned economic development and progress (he cited the example of a State Planning Commission being set up in TN for the first time in the country) and unfolding of a number of welfare schemes in social sector. He called the ADMK regimes in the interregnum as ‘stagnant and vision-less’. He characterized MGR rule as ‘inefficient and ad hoc dispensation’ and Jayalalitha regime as ‘notoriously corrupt and repugnant’. Further he added that Indians and Tamils living abroad are pleased with the performance of the DMK government and industrial progress and browsed and showed number of websites and blogs in the internet giving details of development in Tamil Nadu.

Although the dictum for democracy is said to be the government “of the people, by the people and for the people”, hardly any government in the states or Centre in the country or in the world could justifiably claim that their government had reached everyone to be called “for the people.” But surpassing all its enviable records during the earlier rules, the present DMK government led by the visionary and compassionate leader Kalaignar, can proudly claim that it has reached every household, every family and every individual in the state starting right from the first minute after assuming office on May 23, 2006.

With the very first order that Kalaignar as Chief Minister signed, for distribution of rice through Public Distribution System for Rs.Two per kg. to all family cardholders irrespective of income, the DMK government reached every house and its occupants and later when the price of rice was further reduced to one rupee a kg. they were doubly benefited. Now all the households in the state can draw from the PDS shops toor dhal, black gram dhal, edible oil, fortified atta, maida and other groceries for cheaper prices besides sugar and kerosene at subsidized rates. They are also supplied with free Pongal gift bgas containing all ingredients for preparing pongal for Pongal festival every year besides the annual distribution of free sarees and dhotis on the occasion. There are 1.96 crore family cardholders in the state who are entitled to get 20 kg. of rice at Re.One per kg., dhalls, oil and One kg. of other commodities. Rice is sold in open market for prices ranging from Rs.30 a kg.; so in rice alone every family is saved from price rise to the extent of Rs.600 and in other items to the tune of Rs.150-200 and totally Rs.800. (Excluding sugar and kerosene). The Public Distribution System in Tamil Nadu is hailed as a model for the country in providing food security to people.

In a path-breaking initiative, the DMK government is implementing Kalaignar Housing Scheme, under which an estimated 21 lakh thatched roof huts in the state are to be converted into permanent concrete houses at a cost of Rs.75,000 per each dwelling and to be handed over to the beneficiaries free of costs, in the course of 6 years. Funds have been allotted for construction of three lakh houses during the current financial year and all the built houses will be handed over before the end of March next year. The rest of the beneficiaries under the scheme in all districts have been identified and eligibility letter have been presented to them thus ensuring free concrete houses in due course as a matter of right.

Even now, poor people in rural areas of Tamil Nadu are living in thatched roof huts without having any protection from national calamities. With a view to completely changing this pathetic situation, this revolutionary scheme envisages to create hut free villages in the state. The work of constructing permanent houses under this scheme for all families living in thatched roof huts irrespective of their caste or affiliations and handing over the houses had commenced in all village panchayats and progressing in the current financial year itself, so that three lakh houses are occupied by the beneficiaries by the end of March next year. For many of these families it is for the first time in their generations that they get permanent pucca houses. Thus Kalaignar rule has made easy the proverbial ‘much-difficult to accomplish task’ of constructing a house.’ (Å£il¡ f£o¥gh®)

As in the case of Kalaignar Housing Scheme, the unit cost of the houses constructed under the schemes of the Union government, Indira Awaas Yojna has also been increased to Rs.75,000 and one lakh houses will be constructed with the State government share of 50 percent. In the urban areas also, 10,000 houses will be constructed in lieu of huts in the coming financial year under Jawaharlal Nehru National Urban Renewal Mission.

Another aspect of concern for people of all ages is public healthcare. One state that has led the nation in building a strong foundation of public health services is Tamil Nadu. In rural areas, it has extended health services successfully through a network of District and Taluk level hospitals, Primary Health Centres and Health Sub Centres. It is no wonder that a World Bank report said, “Tamil Nadu shows the way in tackling India’s most pertinent health issues. Impressed by the public health services in the state the World Bank has extended liberal aid for improvement in infrastructural facilities in Taluk and District level government hospitals. During the last four years 6,118 doctors, 7,047 nurses and 2,980 hospital workers have been newly appointed in government hospitals. Under ‘Varumun Kappom’ scheme in the last four years 14,184 camps have been conducted and 1.37 crore persons have been benefited.

Tamil Nadu has also been a trendsetter in the provision of maternal and new natal care. The state has made major progress in improving maternal and child health outcomes. More than 99.5 percent of deliveries in the state now take place in medical institutions. Under the Dr. Muthulakshmi Reddy Memorial Maternity Assistance SchemeÏ financial assistance is provided to pregnant women at the rate of Rs.6,000 each. Nearly 25 lakh women have received the financial assistance. As an innovated social measure, the PHCs and even some government hospitals organize ‘Valaikappu’ ceremony for pregnant women of poor families who cannot afford to conduct it.

It will not be an exaggeration to state that the Kalaignar Health Insurance Scheme for Life Saving Treatments is the jewel in the crown among all achievements of this government under the leadership of Kalaignar. 1.44 crore poor families have been enrolled under this revolutionary scheme till March 2006, and 1,88,075 persons have till August 2010 undergone treatment for life threatening disease at a cost of Rs.350 crore. The government has allocated Rs.750 crore for payment of insurance premium.

The free emergency ‘108’ ambulance service scheme is another scheme which has been appreciated by one and all like Kalaignar Health Insurance Scheme. Under this scheme 600 ambulances are functioning very well with trained paramedical staff and equipped with all medical apparatus required for emergency treatment in each in the entire state. As a result nearly eight lakh persons have benefited so far including about 30,000 persons in critical conditions saved because of immediate admission to hospitals. Six new medical college hospitals have been established. Over all, the budget allocation for Health department has been increased from Rs.1951 crore in 2006-07 to Rs.3,889 crore in 2010-11.

Traditionally Tamil Nadu had been a leading state in the country in the field of education. Lifting the ban on recruitment of teachers by the previous regime 1,07,020 new teachers were appointed in government schools in four years. The state has achieved the distinction of all government middle, high and higher secondary schools having facilities for computer education. With a view to ensuring uniform and quality education to all students, the government has introduced uniform system of education with common syllabus framed by the common board. A library of international standards, Arignar Anna Centenary Library, has been established in Chennai at a cost of Rs.200 crore.

After 2006, six new medical colleges, 14 new government arts and science colleges, 11 new government engineering colleges and four technological universities have been established. Tuition fees for all students pursuing graduate and postgraduate courses in government arts and science colleges have been abolished. The government is spending this year Rs.10,148 crore for school education and Rs.1,751 crore for higher education. Under Nutritious Meal Programme 69 lakh children and students are provided with five eggs per week along with meals. In addition 18 lakh children and five lakh pregnant women and lactating mothers benefit through 54,439 children centres.

No other government in the country can excel the DMK government in its achievements in the cause of women, who constitute half of the population. Tamil Nadu was the first state to provide reservation for women in local bodies. Also it was Kalaignar, who legislated equal property rights for women, provided 30 percent reservation in government jobs and 50 percent quota in primary school teacher posts.

Under the Moovalur Ramamirtham Ammayar Marriage Assistance scheme for providing financial assistance for marriage of women belonging to poor families, the amount has been increased to Rs.25,000 benefiting 4.28 lakh women so far. 29 lakh families have been given free gas stoves with LPG connection, in order to provide relief to women in domestic chore.

The performance of Women Self Help Groups in the state is hailed all over the country. It has grown as a huge movement with 4.74 lakh WSHGs comprising of 73.60 lakh members. During the last four years the DMK government has provided revolving fund of Rs.315 crore to 3.15 lakh groups, the cheques being handed over to every group leader personally by Deputy Chief Minister Thiru M.K.Stalin, who has made a record of sorts by standing for more than 100 hours in functions. They have been provided with bank loans to the tune of Rs.7,757 crore. The Tamil Nadu Corporation for Development of Women is providing various supportive measures to the WSHGs. A Marketing Complex named after Mother Teresa for marketing the products of these groups has been established in Chennai. These women in SHGs have become self-reliant and turning into entrepreneurs, thus providing economic and social empowerment for women.

Over 10 lakh aged persons, one lakh differently abled destitutes, 1.69 lakh agricultural women and one lakh destitute women totalling 20 lakh persons are receiving monthly pension of Rs.400 each. 3.53 lakh educated unemployed youth are also paid monthly financial assistance. Welfare boards for 32 different unorganized workers have been formed and for the first time in the country a welfare board for transgenders has been set up.

In four years 4,65,748 persons were appointed in government offices, local bodies, boards and public sector undertakings. Due to the DMK government’s policies and transparent governance 37 new industries with an investment of Rs.48,000 crore were set up in four years providing direct employment to about three lakh persons and indirect employment to over 10 lakh persons. The sunrise Information Technology sector is providing employment to about five lakh educated youth, virtually bringing about a change in the face of Chennai and Tier-II cities like Coimbatore, Madurai, Tiruchi, Salem and Tirunelveli.

Under the scheme for providing free colour television sets to families 1,52,80,000 colour television sets have reached homes in the state making every day impact in the lives of family members in those houses.

With all these welfare measures in social sector directly impacting in the day to day living of the people of all age groups and development projects and industrial and agricultural progress raising their standards of living, it is but natural that the people of Tamil Nadu are aware of and appreciative of the creditable performance of the DMK government which is providing in Tamil Nadu, a model for a perfect welfare state.

(26-12-10) 

Relevance of Periyar

“Ramayana and Mahabharatha are meant to ensnare the Dravidians in the Aryan net, and to make them bereft of honour and rational thought.”

- Thanthai Periyar

The last two decades were particularly disastrous for modern and democratic India, inasmuch as the reactionary communal fascist forces consolidated themselves and wrought havoc on the country, all in the name of Ram and Ramayana. The decade of 1990s was dominated by the slugfest over Ram temple in Ayodhya leading to the demolition of Babri Masjid, deadly polarization of communal forces, riots, mayhem and massacres, retributory attacks and bloodshed, from which the country is to still limp back. It became obligatory for anyone with any pretention of being a ‘public intellectual’ to take sides on this controversy.

Then came the kerfuffle over N.F.Hussain’s contentious depiction of Rama and Sita that had the ‘defenders of the faith’ screaming ‘blasphemy’ and reaching for their trishuls. Here too India’s ‘cultural’ hegemonistic community were encouraged to link arms against ‘vandals’. Ultimately, the internationally acclaimed painter had to leave ‘free’ India and flee abroad and die and buried away from his beloved motherland.

In the names of Ram and Ramayana, the obscurantist forces led by the BJP and represented by Jayalalitha, stalled the execution of the century-old dream project of Tamils, Sethu Samudram project, that would have served the economic progress of not only Tamil Nadu but India as a whole.

Now comes a contrived dispute:

Most academicians at Delhi University are feeling betrayed by their own fraternity, the reason — the Academic Council’s recent decision to drop from the history syllabus a celebrated essay by the late scholar and linguist A.K. Ramanujan on the Ramayana, despite intense opposition from the history department.

The essay, “Three Hundred Ramayanas: Five examples and three thoughts on translations,” which forms part of the B.A. History (Honours) course, had attracted the ire of Hindutva activists because it talks about 300 different versions of the Ramayana that abound in our country and beyond. And when the decision to scrap the essay was put to vote at the Academic Council meeting on October 9, only nine of the 120 members dissented.

“This is definitely not an academic decision but a glaring example of an academic institution succumbing to pressure from the right wing. The Council has severely compromised on its standards and has conveyed to our students the message that only the ideology that is supported by the majority will be accepted,” said Academic Council member Rakesh Kumar, who was one among the nine to express a dissenting opinion against scrapping of the essay.

His opinion is echoed by the present department head, Professor R.C. Thakran. “This essay is rich in academic content and there have been two resolutions in the past in which the history department unanimously agreed that as far as history as a subject is concerned, this piece is important for our students. But the resolution of the Academic Council is binding and we cannot really do anything further about this.”

A writ petition had been filed in the High Court on the ground that the essay hurt religious sentiments. The matter was then taken up by the Supreme Court, which directed the university to seek the opinion of experts and place it before the Academic Council. “The names of the expert team were kept confidential, three of the four members were happy with the essay but the fourth member expressed an opinion that second year students may find it difficult. Nothing religiously offensive was found by these experts,” said Professor Renu Bala, another dissenting Academic Council member. “There was no need to even ask for a vote. The essay should have been kept on its academic merit. Our culture is diverse and so are our legends. We give these students the right to vote when they turn 18, so why not the right to think?” she added.

In 2008, activists from the BJP-backed, Akhil Bharatiya Vidyarthi Parishad had barged into the History Department and vandalised the place, forcing the then department head Professor S.Z.H. Jafri to hide in his own office. “What is the value of my opinion? When the Academic Council has passed this resolution, the history department has no choice,” he rued.

The February 2008 rampage by ABVP activists in Delhi University protesting against the introduction of Ramanujan's essay "Three Hundred Ramayana's", as the reading text, was not the first such act of political vandalism around Ram's story. This essay by the much acclaimed scholar, A.K.Ramanujan is part of his "The Collected Essays of A.K.Ramanujan (Oxford, 1999). Earlier in the aftermath of Babri demolition a Sahmat exhibition on different versions of Ramayana was attacked by RSS combine's goons. This was done on the pretext that one of the panels based on Jataka (Buddhist version) showed Ram and Sita as brother and sister, and it is an insult to their faith. Ramanujan's essay also talks of different versions and presents five of them as an example.

It is known that there are hundreds of versions of Ramayana, Buddhist, Jain, Valmiki etc. Paula Richman in her book ‘Many Ramayanas’ (Oxford) describes several of these. And again there are different interpretations of the prevalent Valmiki Ramayana, many of which are not to the liking of those who are indulging in this hooliganism in the name of their faith. It is another matter that this intolerant attitude and aggression is done in the name of Hinduism, while asserting that Hinduism is tolerant and other religions are intolerant.

It is a fascinating exercise to go through various tellings and interpretations of Ramayanas. The RSS combine harps on the telling of Ramayana by Valmiki alone and that too its particular interpretation. Even the other renderings acceptable to this intolerant but currently dominant political force are not uniform. Valmiki, Tulsidas and later the one adopted by Ramanand Sagar for his serial Ramayana have their own subtle nuances, which are very different from each other.

Ramayana has been rendered in many languages of Asia in particular. Ramanujan points out that the tellings of Ram story have been part of Balinese, Bengali, Kashmiri, Thai, Sinhala, Santhali, Tamil, Tibetan and Pali amongst others. There are innumerable versions in Western languages also. The narrative in these is not matching. RSS combine takes Valmiki as the standard and others as diversions which are not acceptable to it for political reasons. The version of Ramayana it wants to impose has the caste and gender equations of pre-modern times and so it is hung up upon only that version as the only one acceptable to it.

Interestingly one can see the correlation between the class-caste aspirations of the narration-interpretation. In Buddhist Dasharath Jataka, Sita is projected both as sister and wife of Ram. As per this version Dashrath is King of Varanasi  and not of Ayodhya. The marriage of sister and brother is part of the tradition of glorious Kshtriya clans who wanted to maintain their caste and clan purity. This Jataka tale shows Ram to be the follower of Buddha. Similarly Jain versions of Ramayana project Ram as the propagator of Jain values, especially as a follower of non-violence. What do both Buddhist and Jain versions have in common is that in these Ravan is not shown as a villain but a great spiritual soul dedicated to quest of knowledge, endowed with majestic commands over passions, a sage and a responsible ruler. Popular and prevalent "Women's Ramayana Songs" of Telugu Brahmin Women, put together by Ranganayakamma, keeps the women's concern as the central theme. These songs present Sita as finally victorious over Ram and in these, Surpanakha succeeds in taking revenge over Ram.

In Thai Ramkirti or Ramkin (Ram's story), there is a twist in the tale and Shurpanaka's daughter decides to take revenge attributing her mother’s mutilation primarily because of Sita. More interestingly here the focus is on Hanuman, who in this telling is neither devout nor celibate but quite a ladies, man, looking into the bedrooms of Lanka. In Valmiki, Kamban and Tamil tellings Hanuman regards seeing another mans sleeping wife as a sin, but not in this Thai version. Incidentally he is a very popular Thai hero even today. Also like Jain Ramayana this Thai telling focuses on genealogy and adventures of Ravana and not of Ram.

In recent times, Jotiba Phule who stood more with the interests of Dalits and women, was amongst the first to interpret this mythological tale from the perspective of those subjugated by caste-varna-gender hierarchy. Phule points out that upper castes were descendents of conquering Indo-Europeans who overturned the original egalitarian society and forbade the conquered from studying texts. His mythology is woven around King Bali, who could invoke the image of peasant community. Needless to say his murder by Lord Ram from behind is condemned and is seen as an act of subjugation of lower castes by the upper castes. And Ram is seen as an avatar of Vishnu out to conquer India from the Rakshagas (those protecting their crops) for establishing the hegemony of upper caste values of caste and gender hierarchy.

commentaries of Periyar and Dr. Ambedkar are more an alternative reading of the Valmiki's text rather then a separate version. There is a good deal of overlap in the interpretation of both. Dr. Ambedkar focuses his attention on the issues pertaining to Ram's killing of Shambukan for violating the prevalent norm where a low caste has no right to do penance (tapas). Like Phule he also castigates Rama for murdering the popular folk king Vali. He questions Rama's act of taking Sita's agnipariksha, trial by fire, and his patriarchal attitude towards her. After defeating Ravana he tells Sita that he had done all this battle not to get her released for her own sake but to restore his honor, and his banishing her in response to the rumors about her chastity when she was pregnant comes for severest criticism from Ambedkar.

Periyar is basically taking the same line but in his interpretation the Aryans onslaught-Dravidian resistance becomes the central theme. Periyar the initiator of Self Respect Movement was the pioneer of caste and gender equality in Tamilnadu. In one of the movements, which is very less known, on the lines of Dr. Ambedkar burning Manusmriti, he planned to burn the photo of Rama, as for him Rama symbolized the imposition of upper caste norms in South India. This was a part of his campaign against caste Hinduism. Periyar also upheld Tamil identity. According to him the Ramayana story was a thinly disguised historical account of how caste ridden, Sanskritic, Upper caste North Indians led by Ram subjugated South Indians. He identifies Ravana as the monarch of ancient Dravidians, who abducted Sita, primarily to take revenge against the mutilation and insult of his sister Surpanakha. In his interpretation Ravana is practitioner of Bhakti, and is a virtuous man.

Thanthai Periyar’s book ‘Ramayana: The True Story’ (translated into Hindi) was released by Mayawati government in UP in 2007, against which the BJP, ABVP and Sangh Parivar activists conducted violent demonstrations and moved courts for banning of the book, Mayawati dropped further moves on perpetuation of Periyar’s memory.

Almost a similar situation prevailed in Tamil Nadu in 1971 sometime prior to the General elections. Periyar organized a conference in Salem, during the course of which a procession was taken out, in which the portrait of Rama carrying a garland of chappals was taken out. The opposition parties led by Rajaji and the likes of Cho Ramaswamy made a hue and cry and called upon the people to vote out DMK supported by Periyar. But the people of Tamil Nadu, in spite of their respect for Rajaji and Kamarajar, rejected the call and voted DMK back to power, with a historic record of 184 seats. That is the land of Periyar.

The rampage by RSS combines' ABVP can be understood also in the light of current cultural manipulation and cooperation of Adivasis by Vanvasi Kalyan Ashram, another RSS progeny. This organization is at the core of anti-Christian attacks in the remote areas. In most of these Hanuman, as the loyal devotee of the Lord, is being projected as the idol of Adivasis. This is done through distribution of Hanuman lockets etc. The symbolism of upper caste with Ram, and Adivasis with Hanuman gives a political message given by RSS combine of the relationship of upper castes with Adivasis. Similarly in these areas Shabri another destitute woman is being projected as the role model for Adiviasis. One should also note that the telling of Ramayana in the Adivasi areas of Dangs, Gujarat, where Shabri Kumbh was held, is very different from the one prevalent in other parts of the country.

The version of Ramayana to be upheld and projected by RSS combine is that of 'Maharshi' Ramanand Sagar's tele-serial Ramayana, which went many steps further than some of the earlier one's in glorifying norms of caste and gender hierarchy. As an example here Sita herself is keen to be banished to jungle by her 'Lord and master' to ensure that people don't talk ill of Him. And currently this is the bottom line, and any deviation from such blind obeisance comes for severe reprimand from the RSS family. This selection of Ram and this version of Ramayana have more to do with political agenda than faith per se. And so this politics being done in the name of ‘tolerant Hinduism’, can not tolerate the Many Rams and Many Ramayanas prevalent World over!

Meanwhile, academics are incensed with the manner in which the essay was scrapped. “They had no regard for the report of the expert committee, the history department’s views or the arguments put forth by the dissenting members. The Vice-Chancellor just told the Academic Council that the essay should be deleted in the interests of the university and they voted in its favour. This decision conveys to our students that there is no space for dissenting voices,” said Executive Council member, Abha Dev Habib, who had, as an Academic Council member in 2008, been among those who had supported the continuation of the essay despite the controversy surrounding it.

“We are disappointed with the Vice-Chancellor, who despite being an academician has indulged in such a regressive act. By removing such texts, a sort of fascism is being encouraged, no educationist will be happy with such a decision.”

What we are witnessing in the country is not even an assault on free speech, but something far worse. There is something fundamentally skewed with a system of higher education that posits on regurgitating a set of dogmatic certitudes.  The space for critical discernment is fast disappearing and we are sought to be turned into a nation of regimental thinkers. The relevance of the rational thoughts of Thanthai Periyar at the national level are more relevant now than ever.


(30-10-2011)

Kalaignar submits memorandum to the Prime Minister