SAVE INDIANS FROM CONGRESS ATTROCITIES : THE CONTROVERSY OF RAJIV GANDHI MURDER , NO OTHER ...

SAVE INDIANS FROM CONGRESS ATTROCITIES : THE CONTROVERSY OF RAJIV GANDHI MURDER , NO OTHER ...: THE CONTROVERSY OF RAJIV GANDHI MURDER, NO OTHER THAN Smt. SONIA GANDHI Ms.Sonia Gandhi has also fully utilized the martyrdom of her h...

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Islamic precept are based upon the fact that they believe in darkness for their survival,

   WOMAN IS CONSIDERED RESPECTABLE AMONGEST HINDUS, DESPITE THE GREED OF THEIR MATRIMONIAL RELATIVES DUE TO THE SHIFT TOWARDS MATERALISMS, WHILE THEY ARE SYMBOLIC SEX ORIENTATIONS AMONGEST MUSLIMS AND CHRISTIANITY. Thus this is my appeal to innocent girls from becoming victim of love Jihad, till they may not inclined to  perish their existence on this earth, where woman are considered mother of the society.

There will be no generation of great men, until there are women, free women of free mothers. There every women deserves sentiments. Women should be honoured and adorned with appraisal. The religious act of family where women are not honoured becomes fruitless. The family enjoys perpetual propriety, where women are delighted. Therefore one should honour women as ‘ PUJYA DEVI’ and refrain from committing any atrocities upon them.

Equality on the basis of sex and individuality of women has been recognized by the Indian Constitution. The number of laws has been enacted to improve the lot of women, but it has not been successful in changing the status of women. The women continue to be exploited, as they are dependent, socially, economically and psychologically upon men.

Education, an important source of personality development and emancipation has failed to bring women at par with men. Marriage being the sole purpose of women’s life, education becomes only a means to attain that purpose.

Women constitute one of the economically  backward social groups is in the need of special economical and social  protection in the multifarious society, in  Tradition, religion and law have conspired to make women subordinate to men. The subordination of women is against the spirit of democracy, it is against equality and justice. The abolition of Sati and Lord Bentinck ( Bengal Sati Regulation, 1929) was no doubt the first legal measure for social reform. Legalization of widow’s remarriage, prohibition of child marriage and recognition of widow’s property rights were some of the other reforms made during British Rule. The Constitution of India, realizing the special need for ameliorative efforts to bring about equality between man and woman provided the special provision for women and children. The egalitarian thrust provided the right to an adequate means of livelihood. The special provision for maternity relief reveals the anxiety of implementation of social obligation.

Law Meant for alleged emancipation of women by conferring them their right to live with dignity at their matrimonial home by enactment of certain law, where the presumption is now shifted upon accused is very commendable respected phenomenon, but conversion of the Hindus girl adhering the Islamic perceptions for her Matrimonial alliance is commendable. The right of maintenance, alimony and social security to women in their matrimonial home is also a nice legislature as the lady after leaving her parents home remain stand still , if she is not given maintenance by her husband. "It's a serious case. Her husband can be charged with forced sex selection, pressurizing her to go for female feticide and, above all, domestic violence. In social field, the Hindu Marriage Act, 1955 took a step of abolishing poly gamy amongst Hindus. The provision in Cr.P.C. u/s 125 for getting maintenance, amendment u/s 376 I.P.C. and the promulgation of the provision of Dowry death r/w section 113-B of the Evidence Act has provided the substantial measurements for the eradication of prevailing maladies of oppression upon the women. The Hindu adoptions and maintenance Act, 1956, the Hindu Succession Act, 1956 and Hindu Minority and Guardianship Act, 1956 provided a substantial degree to remove the disabilities of Hindu women. The Dowry Prohibition Act, 1961 was passed with an ostensible idea of checking the evil. The practice of dowry has emerged as a major social evil, which is reflected in large number of cases of "Dowry Deaths". The reluctance of parents of the victim to lodge a report is the reason for this personal nature of the crime.The right of domestic violence and cruelty committed upon her should have been examined first by the team of lady police and high officials before taken any drastic action against her husband, because report of this type may lead to the fragmentations of the cords, which are foundations of matrimonial alliances. These rights have some time eroded the basic foundations and have become detrimental to the interest of the women itself, as on the basis of which the Hindus family was having its existence in the Society. The Muslims society, in which polygamous husbands having their diversions for many marriages, on the foundation of their prophet Mohammad, who after becoming alone from the dread slavery of his life under Mussmat Khadiza became the owner of vast property and their after married not only four time till his death in 522 A.D., but many times. This fact that the Sex with step daughter in laws is also relevant as Prophet had married with, whom on account of the wife of his step son, further find the authenticity as what ever the Prophet done in his life time, has become the religious traditions in Hadish. After all, he is the guiding source to enlightened an individual for giving him the training of adhering his traits, as the only way to find out the Allah, who alone may enshrined the way to enter in paradises, where 72 Hurray and 23 Nihamatey are waiting their to pacify the carnal desire. Thus according to Islamic traditions exploitation of the women and to use her as the tool of pacifying the sexual desire is the path, which can lead to its follower the manner, in which Allah can be approached. The other factor of cruelty upon commonly followed as the sect of the Islam, is inflicting the injury of scalper and their after to watch the cruel death of animal, to whom Hindus and Pagan worshiped. This practice develops adulterine in the body of the animal, dying with utter most pain, but since the Islam is a political agenda to terrify the Hindus, the same is given the name of the religion of PEACE. The massage in azan is simple and alarming that those are infidels, who worship any other god, except the god adhering to sex and violence. The third is the mob violence when they assemble together for offering Nawaz, and from there they suddenly started the provocations of their onslaughts upon the innocent people adhering the Religion of non violence, tranquility amongst each other in society and to worship the symbol of worship, which is providing the equilibrium in the environment and controlling our ecological cycle from forth coming universe disaster, in which the Animal Kingdom as well as our plants, which are providing the necessary ingredients of for survival of the society and for treatment of the ailment and decease through the extract of the plant, to which the Islam desire to convert it to the desert for establishing the superiority of the Moon, instead of the sun, required for photosynthesis through Plant chlorophyll. This universe is controlled through adhesion theory of the planets on one side of earth and Sun on other side of earth. Here is nothing like the thing that sun remains submerged inside the water of the Sea and becomes cold and red , but soon the Pagan Hindus worshipping deity  living their starts their arsenal thrown upon the followers of Allah, and as such you wake up in night after remain hidden through out the day time inside your shelter usually below the earth, and start eating, when you saw the moon and than as per Al takiya do the attack from their back, while pagan of Hindus are fast asleep and one day you will rule this earth. Thus the ideological conceptions of Islamic precept are based upon the fact that they believe in darkness for their survival, while the pagan and Hindus believed on truth and falsehood is crime for them. The Mughal from Babar to Sahajahan could survive in this Nation with the Support of Bhartiya Thakur, as they adhered their promises not to kill any animal worshipped by Hindus and were became the followers of the religion of dean-e-illahi cum Arya Samaj Perceptions of Spiritual Adherence. It was Aurangzeb, who was fanatic Muslim and got 5000 Temples usurped through his foreman and soon the Islam from this land of Bharat Versa vanished for ever, if the Britishers through their Shrewd mentality would have not given the revival of the Islam. It was thought that Muslims will be the supporters of the Britishers to exploit the recourses of this Country under the Policy of “Divide and Rule” and thus every law was planted upon Hindus in such a manner, as it may abrogate and subjugate the very foundations, on the basis of the great ethical foundation, the very existence of the great Religion of Sanatana Hindus were remain in existence from the time immortal. The same was based upon great scientific invention, which has become Cristal clear after the research of many years in research institutes. The problem with the Roman Catholics and Christianity are different as there religion worships the orphans as ebullient god. His mother is still considered to be the virgin still after the delivery of Christ. The essence in the religion may be for giving adequate respect to those who have been born orphans, but it is certainly not to promote prostitutesism, or for eroding the institute of marriage, which is based upon the sacrificial incarnations of individual existence and promoting heredity. Christianity believes on one hand that the service of the person in need is the service to the God, because the protections are given to the child for survival on the alimony provided to them by their Government. On the Contrary, the government of India erodes the foundations of the down trodden segmentations in the society, while the dacoit robs to rich, but not plunder the national recourses, which at present every government, except the government of Gujarat and Bihar have started doing the same. Ultimately this is in regards to the half of the total population, on which the folk of womanhood is craving to get their fundamental rights and livelihood.

Women by and large constitute a neglected section of the society. There is now indisputable evidence of steady decline in the value of women in society. The following trends may be responsible in this context: - (1) excessive morality amongst women and female child. (2) glaring disparity between men and women in access to medical services (3) Persistent decline in sex ratio. (4) Illiteracy and unemployment of women.  Dowry is a clear Affirmation of the fact that one’s gender determines one’s worth or significance. Since worth is distributed unequally amongst the sexes at birth, worth deficiency amongst females can be offset by material additives.

Dowry is the most prominent additive. In the survey of the cases of unnatural deaths of young women, this hypothesis suggested itself again and again. Brides who earn more that their husbands are made to feel an obligation to supply ‘dowry goods and services’ long after their marriage, just as those women who earn nothing. Society perceives woman as economically less productive than man (or unproductive) and, therefore, a female is regarded as a net economic drain on a family. At marriage, when the female is in transit between the two households, the family that accepts her is perceived to be saddled with a net economic liability, while the household that is losing her is in fact losing a liability. Dowry is, therefore, a compensatory payment to the family, which agrees to shelter her, hypothetically for the rest of her life. And precisely for this reason, dowry is a recurring phenomenon, which lasts a lifetime.

In Air India Vs, Nargesh Meerau (1981) 4 SCC 335, an Air hostesses case, according to regulation 46 and 47, the air hostesses shall retire on following contingencies (1) on attaining age of 35 years (2) on marriage, if it took place within four years of service (3) on first pregnancy. On other hand, Assistant Flight persons were retiring at the age of 55 or 58 years. Both categories continued the same cabin crew. The Apex court observed that compelling the air hostess not to have any children and thus interfere with and diverts the ordinary course of human action. The Apex court observed that this provision is not only manifestly unreasonable and arbitrary, but contains the quality of unfairness and exhibits " naked despotism" and therefore violative of Article 14. There are vide variety of women employees i.e. (1) small segment in workforce as executives and prestigious professionals (2) semi professionals like nurses, school teachers who are hired not only for their skills and intelligence, but presumably for their looks too. (3) The lowest economic stratum, predominantly illiterate semi literate. We have to see that (1) whether there are set of laws which meaningfully deals with the stresses and strains faced by women in workforce (2) Do existing law discriminate in any way against those women? (3) are the existing law comprehensive enough to protect the interest of women ? (4) What are the special steps required to meet the specific disabilities faced by women (5) Is there the need for special laws to meet the disabilities faced by women. Laws, as we know, are only regulatory and not curative and had this not been so. Nothing would have been easier for us and to make laws against all social evils and find the next morning that our society has become heaven. The eradication of an evil lies not so much in law as in the society itself. No society can exists, breathe and move without a base and this base is provided by norms and values.

Let us have an introspection upon the prevailing maladies and get the effective implementation of the better idea, the better measurements as to prevent them by the strong will power in order to protect the half of the human being which constituted the part of the women folk in the society.

 Yogesh Kumar Saxena, Advocate, High Court Allahabad (India) e mail Address, yogrekha@gmail.com, yogeshsaxenanationalist@gmail.com, yogrekha@yahoo.co.in motherindiawoman@gmail.com, gandhidunastydevastation@gmail.com, yogeshsaxenanationalists@gmail.com,  or yogrekha@rediffmail.com Mobile:- 9792131584, 7800888892, 9415284843

       

                     

What do you think whether our judiciary conferred with the power of judicial review under our constitution has been successful to deal with the plight of living dead?constitutional scheme, was directly resulting into the notion of conferring the absolute power to the respective ministry

Act no 59 of 1976 from Indian Audit and Accounts departments which was earlier  under the control of C.& AG to the newly formed department of Civil Accounts under the  Controller General of Accounts under department of Expenditure ministry of Finance.

The constitution of India provides that the Comptroller and Auditor General of India shall be appointed  by the President by warrant under his hand and seal who  shall not  be removed from Office, except in the like manner and on the like grounds as a Judge of Supreme Court. The term of appointment shall be for a period of 5 years and the condition of service and salary of the Comptroller and Auditor General of India shall be such as may be determined by Parliament by Law and until they are so determined, shall be as specified in the second schedule  of the constitution. The Comptroller and Auditor General shall perform such duties and exercise such powers in relation to the accounts of the union and of the states and of any other authority or body as may be prescribed or under any law made by Parliament. The report of the Comptroller and Auditor General relating to the accounts so maintained of the union  shall be submitted to the President who shall cause them to be laid before each house of Parliament . The report relating to the accounts of the states shall be submitted to the Governor who shall cause them to be laid before the legislature of the states.

That the present accounting system applicable to most Ministries and departments in essentially external to Financial management function in that the payment made by the treasuries and accounts are compiled by audit and accounts offices under the control of the Comptroller and Auditor General on the basis of initial and subsidiary accounts received by them from the treasuries. This system worked fairly well when Governmental business was limited. With the increase ion the volume and variety of Governmental business  and the continual set-up of developmental outlays, this system has proved inadequate to the administration task.

The scheme of separation of accounts from audit was to be implemented in selective ministries e.g communication, civil aviation, tourism, industries and civil supplies w.e.f April 1976, where the expansion regarding the  expenditures and its audit was felt to be providing certain constraint and thereby resulting into the delay in implementation of the schemes at the relevant time. However by  the gradual increase of the power with these ministries, the similar laxity in relation to the procedural safeguard was further provided  the other ministries resulting into the defeat of the very purposes for which the office of the Comptroller and Auditor General was given the power through checks and balances. The effect of the aforesaid process has   resulted in the departmentalisation of union accounts enacted in 1976 and the transfer of personnel was given effect by the enforcement of the Act no 59 of 1976 from Indian Audit and Accounts departments which was earlier  under the control of C.& AG to the newly formed department of Civil Accounts under the  Controller General of Accounts under department of Expenditure ministry of Finance. In this manner the office of C& AG which was constituted under the  scheme of  the constitution of India to provide the restraint to the expenditure disproportionate from its own discretion by the relevant ministries was brought under the ministry of Finance and thereby giving the unbridle powers to the ministers and thereby overthrowing the constitutional mandate securing the safeguard over the whimsical expenditure. According to the legal opinion  of the constitutional experts, the diversification of the financial   powers to be utilised by the sole discretion of the bureaucrats without taking into consideration the Audit objections, which could have been made under the original constitutional scheme, was directly resulting into the notion of conferring the absolute power to the respective ministry. This was against the democratic, federal and republic  set-up of our Constitution.   The aforesaid concept of the parliamentarian democracy, providing the fraternity to an individual in preamble of the constitution,  was an attack on its basic structure. This has led to an inadequate financial control which would have been benefited to the nation if such power were remained with C&AG in India.  

That it would be relevant to point out that the office of the Auditor General of India was created under the Government Of India Act 1935 for exercising the control over expenditure incurred  by Central And State Governments and for proper accounting thereof in such forms and in such manner as may be prescribed by him and he was also responsible for rendering a complied account of receipt and expenditure to the Centre and State Governments and he was also required to submit report on the result of Audit in his Audit report to the Governor- General and

the  Governor of the States  for laying it before respective legislatures . That after coming over the constitution of India the Auditor General  was designated as Comptroller Audit General of India under chapter V of the constitution. The state Govt. which lavishly spends  crores on the refreshment allowances of its ministers, now is facing a crisis that it does not have enough money in its coffers to deposit the premium of insurance cover for 1 lakh  employees of local bodies due for their group insurance scheme. As a result of this misutilisation of the public money the insurance scheme of these employees has lapsed and the life insurance corporation has expressed its inability to consider any future claim as part of the scheme in case of the death of a employee. The LIC missive state that the group insurance scheme of some 94.165 local bodies employees stands  forfeited due to non deposit of approximately the premium of Rs 1.83 crores due on it from the last seven months. The LIC informed that the interest at the rate of 12% would also levied on the amount due to delay in payment of the premium. It is based on the idea for having LIC’s Master policy 4912 under its group insurance scheme which was mooted in 1977 by the state Govt. The Directorate of the local bodies makes a monthly payment of Rs 21.63 per member to the LIC while a employee make a payment of Rs 20 from his salary while Rs 1.63 is contributed by the state Govt. each months towards the policy, for which the LIC shrugs off future claims in case of the policy holders death where his next kin get Rs 25,000 under the scheme beside the premium deducted from his salary is also refunded with a 10% interest on the amount. Similarly an employee on its retirement get a premium deposited by him back with a 10% interest on the amount from the insurance firm. This is due to extravagance of public finance and curbing the powers and duties of Comptroller and Auditor General with effect from the time of enforcement of the Act no 59 of 1976 putting  the earlier control of the C&AG under the Department of Expenditure Ministry of Finance in State of U.P.  

Question& Answer

Question: What do you think whether our judiciary conferred with the power of judicial review under our constitution has been successful to deal with the plight of living dead?

Answer  :The constitution is supreme and all the three pillars functions under its strict supervision . the supremacy of the parliament and the power of the Hon'ble Constitutional Courts in India have gone through a consistent efforts for providing a harmonious construction to build up a foundation on which our country may survive . The doctrine of immunity from legislation against the enactment through legislation has undergone a great struggle whenever the Hon'ble Constitutional Court found the infringement of fundamental rights of the citizen . However on account of excessive burden and the need for securing the effective exercise of the judicial review by the Hon'ble Constitutional Courts even with regards to Administrative action , there is an unchecked flow of litigation for every invasion of the right under the garb of the infringement of the fundamental rights.

Question: Whether you speculate in this process any tough battle for securing the basic structure of our constitution with the doctrine of Supremacy of the parliament and how far it is important for the healthy growth of our welfare state .

Answer: The rigours to demotion of judicial writ power by some of the constitutional amendments like 42nd Amendment has been declared ultra virus in Minerva Mills Case (1980) 3 S.CC 625 , Waman Rao case (1981) 2 S.C.C 362 and in L. Chandra Kumar case (1997 ) 3 S.C.C 261 reaffirming the majority verdict of the landmark judgement of Keshavananda Bharti case of 13 judge constitution bench of the Hon'ble Supreme Court . The jurisdiction conferred upon the Hon'ble constitutional Courts including the High Courts under Article 226 and Article 227 has been held as a part of the basic structure of the constitution. Thus not even the power of legislative enactment but also the power conferred under Article 368 to Amend the constitution may be subjected to judicial review by the Apex Court .

Question: Whether you think that in this process the expression "Procedure established by Law " as enshrined in Article 21 has now been replaced by "due process of law" as evident in American Constitution ?

Answer: Article 14 has two concepts which is a unique feature in Indian constitution. Most of the constitutions of the world either speaks of "equality before the law" or the "equal protection of the laws". Both these concepts although appears to be the same are not actually the same . The equality before the law refers as to providing the equality before the substantive laws of the nation as illustrated in Article 15 to 18 and also under Article 38, 39, 39A, 41and 46 of the constitution . The connotation equal protection of law contemplates for minimising the inequalities and for eliminating the inequalities in status , facilities , opportunities , values of lives with social care towards educational and economic interest not only amongst citizen but also amongst the group of the citizens. This Article forbids class legislation except being founded on an intelligible differential and to have a rational relation to the object sought to be achieved by the statute in question . The test of classification must be rational . However by the efflux of time , Article 21 which is couched in negative language by the framers of our Constitution has undergone the major change by interpretation through its positive angle having the inhibition contained therein i.e. "life " as synonymous to "livelihood" by taking into consideration that by abrogation and subjugation of the means of the living there shall be no life . This was done to get the rid of the radical innovation providing an instrument of status quo upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovation in the use of judicial power to promote social change by the so called judicial activism . The other concepts such as "Rule of Law" , "Judicial restraint" , "Separation of power", supremacy of fundamental right s over directive principles and "Procedure established under Law" conveniently to avoid change whenever possible through the assistance of two concepts of Article 14 as whenever required delete it and whenever inevitable dilute it as far as practicable and thus the discretionary powers were exercised in the different manner by inviting the diversities in the opinion of the constitutional Courts while dealing with Quasi judicial actions .

Question : Thus you mean to say that Article 21 of the constitution is not a fundamental right of the citizen as is being dealt with by the Hon'ble Supreme Court and has been included in the chapter of fundamental rights ?

Answer: True , Article 21 has been included in the chapter of fundamental right under our constitution but the same is a fundamental duty of the government as to provide protection against depriving any person of his life or personal liberty . There is only one individual fundamental right of the citizen i.e Article 19 . Article 25 and 26 is a collective right to the freedom of conscience and right to profess , practise and propagate religion and also to manage religious affairs . Thus every fundamental duty casted upon the government which is providing the protection to the individual may be read with the reasonable restrictions as contemplated in sub articles (2)to (6) of Article 19 of our constitution thus the constitution has provided a "check and balance" over the power of the Hon'ble Courts and the duties casted upon the government . In this manner the Hon'ble Courts while interpreting these Articles of fundamental rights may dealt with the individual as to whether the right which implies the forbearance to perform the duty by the Government has got the qualification prescribed in the yard stick of the reasonable restrictions or the constitution with the galaxy of so called fundamental right may be ruled in respect of its governance by the political set-up having co-ordination with divisive forces to the oppression of the people at large which has not been done after independence.

Question: What was the need of introducing Article 51A when already there were fundamental duties of the Government ?

Answer: Every right implies the forbearance on the part of other to perform his duty as right and duty is correlated and coexistent. After independence our country has been ruled with governance through laissez faire and the citizens have miserably forgotten there duties under the spirit of availing an aspirant cherished freedom . Thus the chapter of unenforceable fundamental duties was introduced with effect from 3.1.1977 by 42nd amendment .

Question : Why there is a pendency of number of litigation before the Constitutional Courts in which the case of the living people who have been declared as dead people in the official records have not been dealt with in time .?

Answer: The right of the people has been considered in the different dimension against every atrocities committed by the administration in discharge of their duty as the custodian of the public trust . The concept of public trust doctrine was developed by the Constitutional Courts to provide the safety to an individual as susceptible to abuse in discharge of the role by our Constitutional courts as a sentinel on quivive . The maxim of "ubi us ibi remedium" (where there is a right , there is a remedy ) was sparingly applied in respect of administrative action without considering as to whether the same is quasi judicial or not . The separation of power which was embodied to certain extent in our constitution and having its elasticity to provide pervasive potency and versatile quality has been diluted in absence of any accountability towards administrative action. Thus there was a flow of litigation before the constitutional Courts even in respect of violation of every right for which the administrative authority were responsible to exercise their power as the custodian of the public duty .Thus due to paucity of time , the genuine litigation was circumvented by unscrupulous litigation and there by suppressing the fundamental right of a bonafide citizen .

Question: Do you think that the present system can be rectified by enacting more legislation by the parliament or it may be left to the Constitutional Courts to eradicate the prevailing maladies ?

Answer There must be an accountability fixed with every officer and bureaucrats in the society regarding there abuse of power and judicial review which comprises the power of judicial superintendence over every sub-ordinate authority may be necessarily applied by the higher judiciary .There is a requirement of complete separation of power between three institutions on which our democratic set-up is dependent the adequate punishment be implemented in the deterrent and punitive manner as to create an example to the other wrong doer specially under the circumstances when the integrity and the prosperity of the nation is involved. In case of malafide exercise of power not only the action which is done contrary to the object may be rectified but there may be a judicial scrutiny for recommending the departmental disciplinary proceeding against the official who has passed such order with extraneous considerations. There should be the limit over the privilege conferred with every public servant who is not only a custodian of the power but also owe the duties towards the citizens who are considered in our constitution as the sovereign of the sovereignty .

Question: What do you think to be the source of the power of judicial review ?

Answer :It may be traced to the classic enunciation of the principles laid down by the Chief Justice John Marshall of U.S Supreme Court in Marbury Vs Madison ( 1 Crunch : 2 L Ed 60 (1803 ) ) as the origin of this power is never attributed to one source alone . It has been laid down that the judiciary dealing with interpretation of Law is duty bound while expounding and interpreting the Law and to see as to whether the Law is repugnant to the settled norms of the constitutions otherwise the same be declared as void .In America where the Supreme Court has assumed extensive power of reviewing the legislative Acts while in our constitution this power is conferred by the expressed provision contained in Article 13 of the constitution of India . Thus the power of judicial review has now considered to be an integral part of our constitutional system .

Question: What do you think to be the role of the Advocates in the process of judicial discipline and thereby providing a check and balance over misutilisation of the judicial and quasi judicial power by the public servant ?

Answer : In America the Lawyers may conduct the investigation in respect of the wrong committed with the people through their own investigation agencies and there is there is the power vested with every officer to deal with the misuse of power by any person without taking the accent from the higher elechon in the hierarchical set-up of superior authority in some of the European countries .However in India we have no such power to fix an accountability towards a public wrong by an Advocate and also by any honest official as there is a vicious circle in our Bureaucratic set-up where there is larger privilege and lesser responsibility. Thus we have become a silent spectator of the situation which is going to be the worst by the process of time . The apathy of the intellectual echoes back into a vacuum which has neither any ventilation for providing the fresh air to our people . Till such time when the intellectuals in the society may not be allowed to run the public administration nothing can be achieved in our nation.

Qur’an. Read the actual passages

We urge everyone to read the Qur’Hindus  and conquest which is demonstrated daily by an.  Read the actual passages for yourself and you will discover the source of the intolerance, repression, cruelty, violence, suicide bombing, hatred for those we often hear described as “Islamists”, “fundamentalists”, “radicals” or “those who have hijacked Islam”.   Actually, these Muslims may correctly be regarded as simply being true and obedient  Muslims.  “Moderate” Muslims are generally those who aren’t directly involved in the militant activities, but often they may be engaged in financial support of the terrorists or other non-militant forms of jihad. Even these moderates can be a threat.  Some secular Muslims who may be regarded as  “non-practicing Muslims” may not be much of a threat at all. 

Every word of the Qur’an is regarded as the direct utterance of Allah, spoken to Muhammad who then recited them to his followers.  Faithful Muslims regard them to be as binding and immutable today as when first uttered in the 7th century.

Muslims will often argue that you cannot possibly understand the Qur’an unless you read it in the original Arabic because of its’ poetic beauty in Arabic.  Nonsense!   Between 75% and  80%  of the Muslims in the world neither read nor speak Arabic, and translations are available.   A poem by Robert Service or Rudyard Kipling may loose some of its’ poetic richness when translated into Chinese, but its’ message can still be quite understandable to a Chinese reader.  The web site of USC’s Muslim Student Association features three different English translations.  Obviously, these are widely acceptable and provided because Arabic is not understood by many Muslims.

There are a number of internet sites where you can obtain a free Qur’an in English.  Simply Google “free Qur’an”.   Look for a source which includes free shipping. We have obtained several in this manner and had no subsequent spamming  or solicitation problems. The “free” Qur’an you receive will likely be Jusuf Ali’s translation, one which has been somewhat sanitized  or edited to modify the most egregious language.  This is obviously a  translation which Muslims would prefer that you read.

Another group, the Al-Furqaan Foundation, is now distributing a “free” translation titled “English Translation of the Meaning of the Qur’an”  by a Professor (Dr. Syed Vicar Ahamed).  These are being placed, like Gideon Bibles, in hotels, and probably also in prisons and among servicemen.  It may well be a translation designed specifically to disarm the uninformed. We have not yet reviewed it.

When you read the Qur’an, and we hope you will, don’t start reading it from front to back like a novel.  You will find it to be hopelessly disjointed, boring, and confusing.   It is not arranged in chronological order like the Holy Bible.  Rather, it has generally been arranged from the longest sura (revelation) to the shortest.  There is no universally accepted chronological sequence.  A number of scholars have attempted to develop such, but none seem to totally agree.  We have researched and compared 5 or 6 different sequences and find that most substantially agree.  The following chronological listing can be considered quite reliable.

There are a total of 114 suras, all delivered between 610 and 632 A.D. You will note  that most of the earliest are actually found near the back of the Qur’an.  However, their chronological sequence is very important, as the doctrine of naskh, or abrogation (see below), establishes the principal that later suras abrogate (supercede) any earlier suras which they happen to contradict.

The first 86 suras recited by Muhammad are reported to have come forth in the first thirteen years of his ministry while he still resided at Mecca.  During this Meccan period, Muhammad was trying to attract followers without making enemies,  a tricky task as the most powerful tribe derived substantial profit from the pilgrimages of polytheists and pagans to the Kabbah.

There were 360 different idols located in and around the Kabbah, the holy shrine at Mecca; and passing caravans, travelers, and pilgrims were invited to stop over, leave sacrifices or offerings to their idols or gods, refresh themselves and their beasts, and spend money.  Muhammad’s “revelations” that there was but one god, Allah, were not warmly received.  In fact, he incurred considerable rejection and persecution during this Meccan period.  The suras produced during the Meccan period are generally quite benign and replete with teachings found in the Old and New Testaments encouraging charity, tolerance, patience,  peace, compassion, forgiveness, etc.
During his entire 13 year ministry in Mecca, he managed to convert only several hundred followers to his new religion, mostly members of his own household, personal acquaintances, or those from the disenfranchised of Meccan society, attracted possibly by exhortations to  care for the poor. 

CELEBRATE VICTORY OVER PAKISTAN war in Kargil against Pakistan a decade ago.

 The Indian Army officers and Jawans, along with their Indian Air Force comrades-in-arms, won a war in Kargil against Pakistan a decade ago. It was 26 July 1999 when the last of the Pakistan Army intruders beat a retreat leaving their fallen compatriots in uniform on the Indian soil unhonoured,unwept,  unsung and unburied. Indians rejoiced their victory from Kashmir to Kanya Kumari and Kamrup to Kutch and named it Kargil Vijay Divas. A decade has gone by, much water has flown down the Ganges but nefarious designs of the treacherous neighbour go on unabated. Never mind what the defeated do, as always we are magnanimous in our victory.
 The Indian Army pays homage to our martyrs and celebrates the glorious victory of a hard-fought war. Those who fell for the cause of the country shall always be honoured in the Hall of Fame because they gave their today for our tomorrow. It is for patriotic martyrs that the poet sung these lines:
                    How else can a man die better
                   Than facing fearful odds
                   For the ashes of his fathers
                   And the temples of his gods.
  PARAM VIR CHAKRA VIJETA
 Let us, at the outset, recall the gallantry of those officers and jawans who displayed gallantry of the highest order in the face of the enemy and beyond the call of duty. Of the fighting four who were honoured by the Nation with Param Vir Chakra, our highest gallantry award, the two officers had made the supreme sacrifice and the two Jawans are still on the rolls of their regiments. It would be appropriate to chronicle their brave deeds and how they beat the Pakistani soldiers hollow and made them realise in the heart of their hearts that their surreptitious intrusion into India that was masterminded by none other than General Pervez Musharraf, the then Pakistan Army Chief , was against the tenets of their own religion. What an unsoldierly behaviour the Pakistani planners displayed when they left their dead comrades-in-arms to be buried by Indian soldiers on the Indian soil. How humane our Army is had become the talk of the town all over. We now return
to our heroes of Kargil war, recalling just the four highest gallantry medal winners for now.
Capt Vikram Batra, PVC
“Personally leading an assault, Captain Vikram Batra engaged the enemy in a fierce hand to hand fight and killed five enemy soldiers at point blank range.During the assault he rallied his men, pressed home the attack and finally succeeded what seemed to be a militarily impossible task.
For his unparalleled feats of conspicuous personal gallantry, exemplaryleadership and selfless devotion to duty, Captain Vikram Batra was posthumously awarded the Param Vir Chakra.”
Lieutenant Manoj Kumar Pandey,PVC
This young officer led his platoon of Gorkha soldiers on the high hills of Khalubar and assaulted sangar after sangar dislodging the enemy soldiers from the high ground. Unmindful of his injuries sustained from the enemy fire, lt Manoj led his men from the front. At the fourth enemy sangar, he was grievously injured by the enemy machine gun fire but still threw a hand grenade killing many Pakistani soldiers. Thus his platoon could gain a foothold at Khalubar enabling his fellow soldiers advance further and recapture the Indian territory. Lt Pandey made the supreme sacrifice in the cause of the country and was posthumously awarded Param Vir Chakra.
 Rifleman Sanjoy Kumar, PVC
He was the leading scout of a column detailed to recapture our territory from Pakistan Army. When the Indian soldiers came under enemy fire, Sanjoy , unmindful of his personal safety, charged at the well fortified enemy position in the Mushkoh valley.”In the ensuing hand to hand combat, he killed three Pakistani soldiers and was himself grievously injured. Unmindful of his wounds, he charged at another enemy sangar and the enemy fled leaving behind a machine gun.His bravery motivated his fellow soldiers who captured the entire area.
For his most conspicuous gallantry against heavy odds leading to the capture of an important objective, Rifleman Sanjoy Kumar was awarded Param Vir Chakra.
 Grenadier Yogendra Singh Yadav, PVC
He was a part of the leading element of the Ghatak platoon tasked to capture the Tiger Hill Top.The approach to the 16,500ft top was rocky and snowy. Yogendra volunteered to climb up, fix a rope there to enable others to climb up. The enemy was surprised but reacted violently opening fire from every weapon they had. Three Grenadiers, including the team leader, were killed and advance stalled. Grenadier Yadav , unmindful of his personal safety, crawled to the enemy sangar, lobbed grenades while firing from his rifle and killed four Pakistani soldiers silencing their automatic fire.Notwithstanding injuries received in his arm and leg, grenadier yadav attacked another enemy sangar with success. Inspired by Yadav, the Ghatak platoon fought fiercely dislodging the enemy from the most important Tiger Hill Top.
For most conspicuous courage well beyond the call of duty, Grenadier Yogendra Singh Yadav was awarded Param Vir Chakra.
 SONS OF THE BRAVE
 There were many more officers and men of the Indian Army who fought bravely to recover the lost Indian territory. Some sons of the brave did not return home. They made the supreme sacrifice. Those who returned told the saga of valour and their narration was heard with rapt attention by the new generation. How many went to war, how many were killed in action and how many survived is a matter of military history. What is of primary importance is that the entire Indian nation was ONE in India’s fight against a treacherous enemy. It is of importance that the Indian Army, supported by our Air Force, fought and won against Pakistan – our second victory against the enemy, including the one in the 1971 war. Since our independence in 1947, Pakistan has thrust four wars on us. The Indian Army was victorious in all four, notwithstanding the evil designs, imported arms and tacit, sometimes open, support of the United States that scheming Pakistan had had.
 Where did Pakistan go wrong in Kargil? In their overconfidence and relying on their forward planning, they had the initial advantage of the element of Surprise in War and occupied a vast chunk of Indian territory – 160 km long and ten km in width or depth –but they did not take into account bravery of young officers of the Indian Army and Air Force as well as the unity of people of India. The whole of India stood by our Jawans and provided them both moral and material support. General Musharraf had miscalculated the resolve of the Vajpayee government in not only defending the motherland but also launching a counter offensive to free entire Kargil of Pakistani elements. In 1965 general Ayub of Pakistan had made a similar miscalculation in assessing the firm resolve and determination of Prime Minister Lal Bahadur Shastri of India. Pakistan was stunned when Shastri Ji ordered the Indian Army to cross the international border and attack Pakistan’s
Punjab. Likewise General Yahya Khan failed to read the mind of Smt Indira Gandhi who succeeded in dismembering Pakistan and giving birth to Bangla Desh. The Kargil misadventure of our hostile neighbour was a link in the chain of anti-India design aimed at destabilising our country. The moral of the story for India is: Never trust Pakistan and their leadership, both civil and military.
 CELEBRATE VICTORY OVER PAKISTAN
 Rejoicings and celebrations after a well deserved victory in war is a must. It is a morale raising factor for the combatants, both serving and retired. The victory parades all over cantonments and non-cantonment towns make the new generation aware of the valour and wisdom of our armed forces. When the nation is threatened by an enemy, it can trust its armed forces who will deliver the goods. The young boys and girls make a resolution to follow the high ideals of the forefathers and the generation gone by and prepare themselves mentally to make the supreme sacrifice, if need be.
Perhaps there is a school of thought that believes that past should be buried and a base be made for economic cooperation.  The votaries of this school for scandal are bureaucrats who had once advised the Government of India not to celebrate the Silver Jubilee of our victory on Pakistan in 1971. It is good that the political leadership turned a deaf ear to the advice of the chicken-hearted gentlemen. I am afraid they are misreading the mind of the wily enemy who is preparing to wage a thousand year war against India. Let us not lower our guard and get caught napping. Celebration of victory denotes a nation pulsating with life, inaction in victory may pave the path to defeat. Who wants to face defeat? Not the patriots in India.
 It would be a good idea to win the minds and hearts of young Indians and motivate them to join the Armed Forces. DVDs, films, CDs and what have you, of the Kargil War may be screened for the young boys and girls so that they are motivated to emulate those who defended our motherland with all their might a decade ago. Let us sign off with the patriotic fervour and raise the slogan: