THE RADICAL Page No. HUMANIST CONTENTS : Vol. 82 Number 11, February 2019 Articles and Features: Can see ‘replay’ of 1977 in 2019 elections: 4 Author-historian Gyan Prakash Monthly journal of the Indian Renaissance Institute PTI Devoted to the development of the Renaissance Movement and to the promotion of human Government meddling in RBI could undermine 5 rights, scientific temper, rational thinking and India’s financial stability: S&P Global Etnownews.com a humanist view of life. In RTI Replies, Evidence of How Modi Dragged 6 Founder Editor: His Feet on Lokpal Appointment M.N. Roy Gaurav Vivek Bhatanagar
Advisor: The Great Betrayal of the Liberation War Led by 8 Subhash Chandra Bose by the Hindutva gang Dr. Narisetti Innaiah Shamsul Islam Editor: Mahi Pal Singh Why Do Minority Massacres Lead to Election Gains? 15 Ram Puniyani Editorial Board: Death of a Cow Has More Significance Than 17 Ramesh Awasthi, Rekha Saraswat, That of a Police Officer: Naseeruddin Shah N.D. Pancholi, Dipavali Sen Bulandshahr: Human rights probe panel claims 18 Printer and Publisher: Bajrang Dal’s role in Dec 3 clashes that killed cop in cold blood Satish Chandra Varma NCHRO Send articles and reports to: The shrinking space for public intellectuals 19 Mahi Pal Singh at E-21/5-6, Ramin Jahanbegloo Sector 3, Rohini, Delhi- 110085. The Sohrabuddin Judgment Is a Mockery of Justice, 23 (M) 09312206414, 08178491055, 07042548234 the CBI Must File an Appeal Dushyant Dave or E-mail them to: [email protected] or Gujarat Police Under Modi Confirmed Sohrabuddin 27 Encounters Were Fake, Not CBI [email protected] Sarim Naved Please send Subscription/Donation Thirty seven academics write to ISCA: 30 Cheques in favour of ‘Deeply shocked, disturbed’ Abha Goradia The Radical Humanist to: Democracy Derailed 31 Satish Chandra Varma, Treasurer IRI, Jawaharlal Jasthi A-1/103, Satyam Apartments, Vasundhra Enclave, Delhi- 110096. (M) 9811587576. ‘Secularism and democracy can be saved 33 only with socialism’ Email ID: [email protected] Dr. Prem Singh Please Note: Authors will bear sole God, Heaven, and Evil 34 accountability for corroborating the facts that they Ken Levy give in their write-ups. Neither the IRI/the Reader’s Comments 38 Publisher, nor the Editor of this journal will be Bimal Kumar Chatterjee responsible for testing the validity and authenticity of statements & information cited by the authors. Correspondence between Allen Roy and 41 Also, sometimes some articles published in this Warren Allen Smith Dr. Narisetti Innaiah journal may carry opinions not similar to the Radical Humanist philosophy; but they would be Readers of Hetuvadi 42 entertained here if the need is felt to debate and Telugu Monthly Magazine Conference discuss them. Report by Dr. Gumma Veeranna
February 2019 THE RADICAL HUMANIST 3 Can see ‘replay’ of 1977 in 2019 elections: Author-historian Gyan Prakash Like Indira Gandhi, Prime Minister Narendra Modi also has traits of an authoritarian leader, said the professor of history at Princeton University whose latest book “Emergency Chronicles” hit the stands recently. PTI @moneycontrolcom The 2019 election could see a replay of the which PM Modi said ‘every booth in the country 1977 polls when the ruling Congress was should know him’. He didn’t say my political routed if opposition parties are successful in party but ‘me’, it is as if the whole fate of reflecting discontent on the ground, says democracy rests entirely on his 56-inch chest. author-historian Gyan Prakash, drawing “So that’s a very, very big claim. This is what parallels between post-Emergency India and leads to the rise of an authoritarian leader. You now. could see shades of the same in Indira Gandhi Like Indira Gandhi, Prime Minister Narendra too. He looms as large in Indian politics as Modi also has traits of an authoritarian leader, Indira once did. His photographs, slogans... said the professor of history at Princeton appear everywhere as hers once did,” the University whose latest book “Emergency historian said. Chronicles” hit the stands recently. The regime today enjoys unprecedented He also believes the situation in the country power and you don’t really need to declare an is far more “ominous” today than it was in Emergency, he argued. 1975 when Gandhi imposed Emergency and “Support by ground troops — Bajrang Dal Modi enjoys the same position she did at that and the like — which Indira’s Emergency rule time. never enjoyed, and a largely compliant or “It is clear that there is a very enduring crisis corporatized electronic media, which did not in the farms. The farmer crisis is real. Job exist in 1975-77... this regime enjoys growth hasn’t happened even for young unprecedented power. people. So if political parties actually reflect “It is also equipped with the powers of the the discontent on the ground on the issues, you administrative state, including the law against could have a replay of 1977,” Prakash told PTI sedition, AFSPA (Armed Forces [Special while discussing his recently out book. Powers] Act) for use in so called ‘disturbed In the 1977 elections after the end of areas’... with all these resources available you Emergency, the Janata Party — a hurriedly don’t have to declare an emergency,” he said. stitched alliance of several parties against then In Gandhi’s case, Prakash added, the prime minister Gandhi — defeated the ruling decision to impose Emergency was, in a way, Congress and formed the government under an “acknowledgment of her weak power”. the leadership of Morarji Desai. She might not have resorted to Emergency While the Janata Party won 298 seats, the had the verdict of the Allahabad High Court Congress tally plunged from 350 seats to 153. gone in her favour. The Allahabad High Court There are many comparisons to be made in 1975 convicted Gandhi of electoral between Modi and Gandhi, Prakash said. malpractices, debarring her from holding any “Recently I was reading a news item in elected post.
4 THE RADICAL HUMANIST February 2019 “Today, there is no formal declaration of Emergency was they spoke, they spoke loudly, Emergency, no press censorship, no lawful they corrected her (Indira), and three years suspension of the law. But the surge of Hindu later when Janata Party did not delivered they nationalism has catapulted Narendra Modi into corrected them too,” Prakash noted. the kind of position that Indira occupied only Prakash, who is the Dayton-Stockton with the Emergency,” he writes in the book. professor of history at Princeton University, is But Indian voters, especially the poor of the also the author of several books, including country, are very smart and have consistently “Bonded Histories” and the widely acclaimed “spoken loudly” with their votes, showing the “Mumbai Fables”, which was adapted for the door to those who they thought didn’t fulfil film “Bombay Velvet”. their expectations, the author told PTI. Published by Penguin Random House India, “You think those (poor) people are not his latest “Emergency Chronicles”, priced at educated so they will not understand the true Rs 699, argues that Emergency, from June 25, value of democracy? The truth is that they do 1975 to March 21, 1977, was as much Gandhi’s understand. It is the middle and upper class doing as it was the product of Indian who have abandoned democracy, the poor democracy’s troubled relationship with popular understands its value politics, and a turning point in its history. “In fact, I think one of the lessons of Published on Jan 8, 2019 Government meddling in RBI could undermine India’s financial stability: S&P Global S&P’s lead global sovereign analyst said last week that India’s 7 percent annual growth would be enough to keep the Indian government’s investment grade BBB- rating stable. London: The increasing involvement of the “Sustained and intense external pressure from Indian government in the affairs of the country’s the Indian government risks eroding these (central central bank is a negative for the ratings of giant bank independence and prudent policy) settings Asian economy’s banking system, S&P Global over time, and could also undermine the long- said on Monday. term financial stability in the country.” “S&P Global Ratings views as credit negative S&P’s lead global sovereign analyst said last the circumstances leading to the recent resignation week that India’s 7 percent annual growth would of Urjit Patel, governor of the Reserve Bank of be enough to keep the Indian government’s India (RBI),” S&P analysts Michael Puli and investment grade BBB- rating stable. Andrew Wood said in a note. Courtesy Etnownews.com, Dec 17, 2018 The Radical Humanist on Website ‘The Radical Humanist’ is now available at http://www.lohiatoday.com/ on Periodicals page, thanks to Manohar Ravela who administers the site on Ram Manohar Lohia, the great socialist leader of India. Some of Roy’s important books are also available at that site. - Mahi Pal Singh
February 2019 THE RADICAL HUMANIST 5 In RTI Replies, Evidence of How Modi Dragged His Feet on Lokpal Appointment The selection committee of the Lokpal met for the first time more than 45 months after the BJP came to power, an RTI query has revealed. Gaurav Vivek Bhatanagar New Delhi: In the first 45 months of Modi’s In her application, Bhardwaj asked for reign, he didn’t chair a single meeting of the information regarding the selection committee Lokpal selection committee. In response to a constitution under the Lokpal and Lokayuktas Right to Information (RTI) plea, the Department Act, 2013. In particular, she sought details of of Personnel and Training (DoPT) further the number of meetings of the committee held reveals that no meeting of the search committee since January 1, 2014; dates and minutes, was convened during that time either. discussions and proceedings of these meetings The Lokpal and Lokayuktas Act was passed and the name and designation of persons who in 2013 to set up an independent and attended them. empowered body to look into cases of In response, the DoPT on December 13 corruption. Although the BJP came to power disclosed that the first two meetings of the on the plank of anti-corruption, the government selection committee were held on February 3 has failed to appoint a single Lokpal so far, said and February 21, 2014 respectively under the RTI activist Anjali Bhardwaj, who filed the plea. chairmanship of then Prime Minister A member of the National Campaign for Manmohan Singh. They were both attended People’s Right to Information (NCPRI), by Lok Sabha Speaker Meira Kumar, Leader Bhardwaj filed the query to learn about the status of the Opposition Sushma Swaraj and Justice of the selection and search committees which H.L. Dattu of the Supreme Court. The second are needed to appoint the Lokpal. meeting was also attended by eminent jurist Activists had flagged this issue in P.P. Rao. January Fast-forward to 2018 – six meetings of the In January, NCPRI wrote a detailed letter to selection committee were held under the Modi stating that the delay in the appointment chairmanship of Prime Minister Narendra of Lokpal has “created a strong perception that Modi. The first two of these meetings were your government does not wish to put in place convened on March 1 and April 10 this year. an effective anti-corruption institutional These were also attended by Lok Sabha framework.” Speaker Sumitra Mahajan and former Chief It noted with concern that while the Act was Justice Dipak Misra. passed in December 2013 and was notified in Four more meetings were held under Modi the gazette on January 1, 2014, not a single on July 19, August 21, September 4 and Lokpal has been appointed till date. “The Lokpal September 19. Apart from Mahajan and Justice law was demanded by the people of the country Misra, these were also attended by eminent as there was a need for an independent and jurist Mukul Rohatgi. empowered body to look into cases of For nearly 45 months in the middle, no corruption of public servants,” it pointed out. meetings were convened.
6 THE RADICAL HUMANIST February 2019 Minutes ‘shared as secret documents’ allowed under the RTI Act while denying the Answering anotther query from Bhardwaj, information. DoPT said it did not have the “authorship” of “The long delay and the opacity in the documents like minutes of the meeting, since process of appointment being followed by the these were attended by 3-5 very “high level government will undermine public trust even dignitaries”. It said these minutes have only before the Lokpal is set up,” she cautioned. been “shared as secret documents” and Gandhi attacked Modi for protecting therefore their copies could not be provided ‘super rich’, not appointing Lokpal by the concerned central public information Incidentally, the delay by the Modi officer. government in appointing a Lokpal has also The department revealed that in its second been criticised by his main political opponents. meeting, “the selection committee made In the wake of the multi-crore Nirav Modi- recommendations to constitute a search Mehul Choksi scam with Punjab National Bank committee of eight persons”. However, it said, earlier this year, the Modi government was “two of the persons declined to accept the offer attacked for delaying the appointment of and the action taken at that point of time was Lokpal. Congress president raised the issued rendered infructuous”. during a rally in Karnataka – where he lashed The DoPT also stated that former Attorney out at Modi for favouring the “super rich” and General of India, Mukul Rohatgi was questioned why he had still not appointed a nominated as the “eminent jurist’ member of Lokpal to fight corruption. the selection committee by the president of India “In Gujarat, Modi ji did not implement against the vacancy that arose on the passing Lokayukta. It has been four years since he away of P.P. Rao. became prime minister… He did not implement Order for constituting search Lokpal even in Delhi,” Gandhi charged. committee issued in September 2018 SC found Centre’s approach ‘wholly The selection committee, in its subsequent unsatisfactory’ meeting, also constituted a search committee In July, the Supreme Court also asked the for the purpose of recommending a panel of Centre to disclose its stand on the appointment names for consideration of the positions of of a Lokpal. It was hearing a contempt petition chairperson and members of the Lokpal. The filed by senior advocate Prashant Bhushan on order was issued on September 27. behalf of the NGO, Common Cause, against Reacting to the response, Bhardwaj said the government for not appointing a Lokpal while the selection committee of the Lokpal despite an April 2017 judgment by the court. met for the first time more than 45 months In his plea, Bhushan said: “They [the after the BJP came to power, no meeting of government] are just dragging their feet. The the search committee has been held till date. court should start the procedure of appointing “This,” she said, “betrays the commitment of a search committee [to shortlist the candidates the government in setting up the Lokpal.” for Lokpal].” ‘Denial of information blatantly illegal’ The Supreme Court then acknowledged that On denying the minutes of the meetings on the government’s stand on completing the the pretext of them being “secret documents”, appointment process for getting an ombudsman Bhardwaj insisted that this “denial of to protect the citizens from corruption was information is blatantly illegal”. She said the “wholly unsatisfactory.” PIO has not cited any of the exemptions Courtesy The Wire, 21. 12.2018.
February 2019 THE RADICAL HUMANIST 7 The Great Betrayal of the Liberation War Led by Subhash Chandra Bose by the Hindutva gang: Shocking Documents from the Hindutva Archives Hindutva brigade continues to pretend to have To what extent great admiration for Netaji Subhash Chandra Savarkar, the Hindutva Bose who attempted to organise a military icon, was willing to campaign to force the British out of India. But help the British would for unknown reasons the world remains oblivious be clear by the of the terrible betrayal of his cause by Hindu following words of his: Mahasabha under the leadership of Savarkar who — So far as also happened to be a mentor of the RSS. There India‘s defence is a mine of contemporary documents available is concerned, Prof. Shamsul Islam to show that when Netaji during World War II Hindudom must ally was trying to secure foreign support for liberation unhesitatingly, in a spirit of responsive co- of the country and trying to organise a military operation with the war effort of the Indian attack on the northeast of the country with the government in so far as it is consistent with help ofAzad Hind Fauj (Indian National Army), the Hindu interests, by joining the Army, it was Savarkar who offered full military co- Navy and the Aerial forces in as large a operation to the British masters. number as possible and by securing an entry One needs to access the Hindu Mahasabha into all ordnance, ammunition and war craft and RSS publications and documents of that factories…Again it must be noted that period to know the shocking reality of the Japan‘s entry into the war has exposed us Hindutva gang turning into stooges of the British directly and immediately to the attack by rulers against Netaji. Savarkar while addressing Britain‘s enemies. Consequently, whether 23rd session of Hindu Mahasabha at Bhagalpur we like it or not, we shall have to defend in 1941, he said: our own hearth and home against the — The second most important and ravages of the war and this can only be done urgent item on which the Hindu by intensifying the government‘s war effort Sanghatanists [Hindu Mahasabhaits] all to defend India. Hindu Mahasabhaits must, over India must bend all their energies and therefore, rouse Hindus especially in the activities is the programme for the provinces of Bengal and Assam as militarization of Hindus. The war which has effectively as possible to enter the military now reached our shores directly forces of all arms without losing a single constitutes at once a danger and an minute. || 2 opportunity which both render it Savarkar called upon Hindus “to flood the imperative that the militarization [British] army, the navy and the aerial forces with movement musts be intensified and every millions of Hindu warriors with Hindu branch of the Hindu Mahasabha in every Sanghatanist hearts” and assured them that if town and village must actively engage itself they, in rousing the Hindu people to join the — stick to this immediate programme and army, navy, the aerial forces and the take advantage to the fullest extent possible different war-craft manufactories. || 1 of the war situation with the Hindu
8 THE RADICAL HUMANIST February 2019 Sanghatanists ideal full in view, pressing on efforts when leaders like Subhash Chandra the movement for the militarization of the Bose were trying to chalk out a strategy to throw Hindu race, then our Hindu nation is bound out the British rule from India through armed to emerge far more powerful, consolidated struggle was the result of a well-thought-out and situated in an incomparably more Hindutva design. It was in Madura (22nd session advantageous position to face issues after of the Hindu Mahasabha, 1940) that he made the war— whether it be an internal anti- his choice clear. His support to the British rested Hindu Civil War or a constitutional crisis or on the logic that “it is altogether improbable that an armed revolution. || 3 in this war England will be defeated so While continuing his address at Bhagalpur, disastrously as to get compelled to hand over Savarkar once again stressed upon the Hindus her Indian Empire, lock, stock and barrel into of India to join war efforts of the British German hands”6 thus believing in the government. He categorically stated: invincibility of the British Empire. — Whatever, again, be the position and His presidential address at Madura is a living the fate of nations after the war, today testimony to his unabashed support to the British under the present circumstances taking imperialistic designs. He out-rightly rejected all things together, the only feasible and Netaji s plan to liberate India. He declared: relatively beneficial attitude which the — Not only on moral grounds but on the Hindu Sanghatanists can take up is grounds of practical politics we are doubtless to ally ourselves actively with compelled not to concern ourselves on the British government on the point of behalf of the Hindu Mahasabha organisation Indian Defence, provided always that we with any programme involving any armed can do so without being compelled to resistance, under the present betray the Hindu cause. || 4 circumstances. || 7 The following concluding words of his There was absolutely no ambiguity in his Bhagalpur address made it clear that as per his support to the British military designs. He wisdom, sub-serving the British war efforts would presented a strange alibi in order to justify the herald a great future for the country: unashamed support to the colonial masters. — If ever the saying was true that the According to his logic, darkest hour of the night is nearer the — Thus after taking stock of all other golden rise of the morn, it holds good today. courses and factors for and against us, I feel The war that has approached our shores no hesitation in proposing that the best way from the East and may threaten us in due of utilizing the opportunities which the war course even from the West is a danger has afforded to us cannot be any other than which may prove unparalleled in its to participate in all war efforts which the magnitude, ravages and results. But it is [British] government are compelled by also bound to break into a new day for the circumstances to put forth in so far as they world and there are no signs wanting to help in bringing about the militarization and show us that not only a newer but a better industrialization of our people. || 8 Order [sic] may ensure out of this world When the British government in the wake of chaos. Those who have lost all may gain the World War II decided to raise new battalions much in the end. Let us also bide our time of its armed forces, it was Hindu Mahasabha and pray and act for the best. || 5 under direct command of Savarkar which decided Savarkar s total support to the British war to enroll Hindus in a big way in this venture. This
February 2019 THE RADICAL HUMANIST 9 is what Savarkar reported to the delegates at the — The British statesmanship, far sighted Hindu Mahasabha session at Madura: as it usually is, realised this also that if ever — Naturally, the Hindu Mahasabha with war broke out with Japan, India itself must a true insight into a practical politics decided be the centre of gravity of all war to participate in all war efforts of the British preparations…chances are that an army government in so far as they concerned with the strength of a couple of millions shall directly with the question of the Indian have to be raised, manned by Indians under defence and raising new military forces in Indian officers as rapidly as Japan succeeds India. || 9 in advancing near our Frontiers. || 11 It was not as if Savarkar was unaware of the Savarkar spent the next few years in organizing strong resentment which was brewing in the recruitment camps for the British armed forces ranks of common Indians against such an which were to kill large number of the INA approach. He brushed aside any criticism of personnel in different parts of North-East later. Hindu Mahasabha s decision of co-operating with The Madura conference of Hindu Mahasabha the British in war efforts as, concluded with the adoption of an „immediate — political folly into which the Indian programme which stressed “to secure entry for public is accustomed to indulge in thinking as many Hindus recruits as possible into army, that because Indian interests are opposed navy and the air forces”.12 He also informed to the British interests in general, any step them that through the efforts of Hindu in which we join hands with the British Mahasabha alone, one lakh Hindu s were government must necessarily be an act of recruited in the British armed forces in one year. surrender, anti-national, of playing into the Astonishingly, despite all these terrible anti- British hands and that co-operation with the national ideas and practices of Savarkar, there British government in any case and under are people who continue declaring him as a great all circumstances is unpatriotic and patriot. How sturdily Savarkar and Hindu condemnable. || 10 Mahasabha rode the British bandwagon can be If on the one hand, Bose was working on the known by simply peeping into a pre-Independence military strategies to take help of the German publication of the Hindu Mahasabha. This book and Japanese forces to liberate India, on the other published in 1941, had rather a longish title hand, Savarkar was busy in directly assisting the Vinayak Damodar Savarkar’s Whirlwind British colonial masters. This amounted to the Propaganda: Extracts from the President’s betrayal of the cause espoused by Netaji. Diary of his Propagandist Tours Interviews Savarkar and Hindu Mahasabha openly stood from December 1937 to October 1941 and was with the British government which later was able edited by A. S. Bhide, a close confidant of to kill and maim thousands of brave cadres of Savarkar himself. This book, as stated in the the Indian National Army (INA). While greatly preface, was primarily meant to serve as an eulogizing the British masters, Savarkar told his authoritative text and faithful guide to the followers at Madura that due to the ever- propagandists, workers and leaders of the Hindu advancing forces of Japan with a declared Mahasabha movement in particular and the Hindu objective of freeing Asia from European public in general, enlightening the lines of practical influence, the British government needed Indians application of the fundamental ideology of the in large numbers in its armed forces which must Hindu Sangathan Movement to the various be helped. While praising the British war strategy, detailed questions and problems which the Hindus he said: face today.
10 THE RADICAL HUMANIST February 2019 It was mandatory for every unit of the Hindu armed forces. We come to know through the Mahasabha to keep it as a help book not only for following words of Savarkar that these Boards political education of the cadres but also for were in direct contact with the British articulating stands on different issues. The crucial government. Savarkar informed the Hindus, fact should not be overlooked here that this “To deal with the difficulties and the „Hindutva Guide contained material written and grievances which the Hindu recruits to the spoken exclusively by Savarkar. The excerpts Army find from time to time, a Central from the book show the real face of Hindutva Northern Hindu Militarization Board has which stood as a stooge of the British under the been formed by the Hindu Mahasabha at leadership of Savarkar. The Savarkarites Delhi with Mr. Ganpat Rai, B.A., L.L.B complain that „pseudo-secularists after Advocate, 51, Panchkuin Road, New Delhi, independence conspired to sideline Savarkar, who as convener. A Central Southern Hindu in the Hindutva brigade s opinion was a great Militarization Board is also formed under thinker and nationalist. If they are so sure about the Chairmanship or Mr. L.B. Bhopatkar, the greatness of Savarkar, it is high time that they M.A., LL.B., President Maharashtra should reprint this book so that the present Provincial Hindusabha, Sadashiv Peth generation too, comes to know about his Poona. All complaints or applications for greatness! According to documents available in information etc. should be addressed by this book, Savarkar, while emphasizing the need those Hindus who want to enter the forces to join the British war efforts, gave following or have already enlisted themselves in direction to the Hindu Mahasabha cadres: them, to the above addresses. Sir Jwala — Turn this inevitable co-operation with Prasad Shrivastav; Barrister Jamnadasji the British as profitable to your own country Mehta, Bombay; Mr. V.V. Kalikar, M.L.C., as it is possible under our present Nagpur and other members on the National circumstances to do. Because let it not be Defence Council or the Advisory War forgotten that those who fancy that they can Committee will certainly try their best to claim of not having co-operated with the get these difficulties removed so far as government and helped the war-efforts possible when they are forwarded by these either on account of the demoralising and Militarization Boards on to them. || 15 hypocritical fad of absolute non-violence This clearly shows that the British Government and non-resistance even in face of an armed had accommodated leaders of the Hindu aggression or as a atter of policy simply Mahasabha on its official war committees. Those because they do not join the fighting forces, who declare Savarkar as a great patriot and are but indulging in self-deception and self- freedom fighter must bow their heads in shame complacency. || 13 [Underlined as in the when they read the following instruction from original text.] Savarkar to those Hindus who were to join the His call to the Hindus had no ambiguity: “Let British forces: the Hindus therefore come forward now and — One point however must be noted in enter the army, the navy and the air-forces, the this connection as emphatically as possible ordnance and other war-crafts factories in their in our own interest that those Hindus who thousands and millions.”14 Hindu Mahasabha join the Indian [read the British] Forces under Savarkar s leadership organised high-level should be perfectly amenable and obedient Boards in different regions of the country to help to the military discipline and order which the Hindus seeking recruitment in the British may prevail there provided always that the
February 2019 THE RADICAL HUMANIST 11 latter do not deliberately aim to humiliate view of the attitude of many a responsible Hindu Honour. || 16 Moslem Organisation in India as revealed Astonishingly, Savarkar never felt that joining by their resolutions passed in their open the armed forces of the colonial masters was in sessions betraying their extra territorial itself a great humiliation for any self-respecting sympathies it would be nothing short of a and patriotic Indian. Bhide s book also tells us suicidal and purblind step on the part of that he alone drafted the following resolution titled the Hindus to make light of this serious „Maha Sabha and the Great War which read: danger threatening them. Under such an — As the task of defending India from emergency they will have to ally any military attack is of common concern to themselves with the British forces in the the British government as well as ourselves common objective to avert this National and as we are unfortunately not in a position calamity. || 18 today to carry out that responsibility unaided, A. S. Bhide s book containing the authentic there is ample room for whole-hearted co- official Hindu Mahasabha position on different operation between India and England.” 17 issues brings out a fact repeatedly that the British World War II was also the period when military recruitment agencies were in direct different groups of revolutionaries and Subhash contact with Savarkar and Hindu Mahasabha. Chandra Bose were trying to secure help from Savarkar informed the Hindu Mahasabha cadres countries like the USSR. But here we find about this welcome development in the following Savarkar advising the British masters to beware words: of such dangers. We also find him offering total — The recruiting commissioners and support to the British in this venture unabashedly. officers for example in Bombay Presidency His main aim seemed to eliminate Muslims and are actually establishing a contact with not the British rule. How he twisted facts to serve Hindu Militarization Boards started by the his anti-Muslim rhetoric will be clear from the Hindu Mahasabha and trying to help to following words of his: some extent at any rate to enable Hindu “The probable entry of Russia in the war candidates to enter the navy, secure against England may threaten India with a commissions and in training in the aerial, far more serious danger of an invasion naval and land forces. The Bevin scheme through Afghanisthan [sic]. The is actually working and Hindu mechanics treacherous conduct of a very large section in larger proportion are getting into it.” 19 of the Moslems in India in the Khilaphat His precise advice to Hindus in Sind (now in (sic) agitation during the last Great War in Pakistan) was to join the British armed forces. 1914 has taught us a lesson never to be He also shared with them the information that forgotten as it is almost sure to be repeated he was in contact even with the Viceroy on this in any future attack on India on the North issue. Providing minute details he said: Western Frontier by any alien power. The — Let the Hindus in Sindh [sic] enter tribesmen and the Moslem forces the army, the navy and the air forces in as throughout Punjab, Sindh etc. are very large a number as they find practicable…If likely to betray the Hindus and rise en anyone wants any definite information masse in pursuance of the pan-Islamic regarding the rules or address, let him designs to carve out an independent write to Dr. N. D. Savarkar, Hindu Moslem State or Federation stretching out Militarization Board, Dadar Hindusabha from Baluchisthan–to Kashmir–to Delhi. In office, Lady Jameshetji Road, Dadar
12 THE RADICAL HUMANIST February 2019 Bombay, 14 Or to Syt. Shivrampant Damle, by Barrister Savarkar in exhorting the Secretary Maharashtra Mandal, Poona 2. Hindus to join the forces of the land with a These two centres have already succeeded view to defend India from enemy attacks. || in securing entry into the navy, air-forces 22 and the army in cases of several patriotic The British Government was in regular touch Hindus youths and have also secured the with Savarkar so far as the organisation of its Vice regal and the King‘s Commissions for highest war bodies was concerned. It included able and talented Hindus. 20 individuals whose names were proposed by Savarkar used the occasion of his 59th birthday Savarkar. This is made clear from the following also for promoting Hindu Mahasabha s call for thanksgiving telegram Savarkar sent to the British large-scale Hindu recruitment to the British government. Bhide s volume tells us that, military forces. In his birthday message, he called — The following Telegram was sent by upon every, Barrister V.D. Savarkar [sic], the President — Hindu who is capable to put in military of the Hindu Mahasabha to (1) General service, join the land forces and the air forces Wavell, the Commander in-Chief; and (2) the or secure entry into the ammunition factories Viceroy of India on the 18th instant (July 18, and such other manufacturing workshops in 1941). connection with war crafts. || 21 YOUR EXCELLENCY‘S Bhide s book also informs that a senior leader ANNOUNCEMENT DEFENCE of the Hindu Mahasabha, Sir Jawala Prasad COMMITTEE WITH ITS PERSONNEL IS Shrivastav, on the instruction of Savarkar, met the WELCOME. HINDUMAHASABHA Commander-in-Chief of the British armed forces VIEWS WITH SPECIAL SATISFACTION in May, 1941. According to the records available APPOINTMENT OF MESSERS in the Hindu Mahasabha archives, the press note KALIKAR AND JAMNADAS MEHTA. released by the Hindu Mahasabha after this || 23 [As per the original text.] meeting was titled „His Excellency the It is important to note here that even Muslim Commander-in-Chief & Shri Jwala Prasad and League, sub-serving the interests of the British read as follows: rulers, refused to align in these war efforts or — As announced previously, the join Defence Committees established by the interview between Sir Jwala Prasad government. Moreover, it is to be noted that the Shrivastav and His Excellency the Congress had declared this War as imperialist Commander-in-chief took place at Delhi Sir war like other patriotic Muslim organizations Jwala Prasad represented the view point namely Jamiat Ulama-e-Hind, Momin of the Hindu Mahasabha under instructions Conference, Ahrars, Ahle Hadis and Shia of Veer Savarkarji, the president of the Political Conference. Their slogan „not a brother, Hindu Mahasabha in connection with the not a penny for the War became a popular general political and military policy and the slogan. special difficulties which confronted the That Savarkar was also involved in secret Hindus in the army, the navy and the air- parleys with the British Government is made forces. His Excellency gave a very clear from the following passage in Bhide s book sympathetic hearing and promised to do all which reports that he met the viceroy in Simla he could to remove Hindu grievances on July 5, 1940: regarding military service and expressed — (Viceregal Interview) Veer Savarkar, his grateful appreciation of the lead given President of the Hindu Mahasabha after his
February 2019 THE RADICAL HUMANIST 13 return from H.E. the Viceroy was 4 Ibid. surrounded by group of Press 5 Ibid, pp. 461-462. representatives to know the details of his 6 Ibid., p. 419. interview. Veer Savarkar informed them that 7 Ibid, p. 421 he agreed with H.E. the Viceroy that the talk 8 Ibid., p. 427. of the interview was to be kept absolutely 9 Ibid., p. 428. confidential.” 24 10 Ibid, pp. 428-429 Savarkar was not willing to share information 11 Ibid., p. 435. about whatever transpired in the meeting with 12 Ibid., p. 439. anyone, not even with his followers. This also 13 Bhide, A. S. (ed.), Vinayak Damodar becomes clear from the following description in Savarkar’s Whirlwind Propaganda: Extracts the book: from the President’s Diary of his Propagandist — After interviewing H.E. the Viceroy on Tours Interviews from December 1937 to Friday the 5th of July, 1940 Bar. V.D. October 1941, na, Bombay, 1940, p. xxiv. Savarkar, the President of the Hindu Maha 14 Ibid., p.xxvi. Sabha was pressed by Simla public reception 15 Ibid, p. xxvii. programme. But important political 16 Ibid, p. xxviii. interviews left him no time. Only a 17 Ibid., pp.153-154. programme of five minutes Darshan‘ was 18 Ibid, pp. 149-50. arranged on his way to station.” 25 [As per 19 Ibid, p. 354. the original text] 20 Ibid, p. 398. Bhide s Diary also discloses the fact that 21 Ibid, p. 414. Savarkar was often invited to many boudhik 22 Ibid, p. 418. shivir (intellectual camps) of the RSS for 23 Ibid, p. 451. “Advising the students to join Military forces [The 24 Ibid, pp. 625-626. British]”.26 25 Ibid, p. 626. The Modi government has recently put 100 26. A. S. Bhide, Vinayak Damodar hitherto secret Netaji files in in public domain. Savarkar’s Whirlwind Propaganda: Extracts However, he and his government which are the from the President’s Diary of his Propagandist product of Hindutva heritage and treat „Veer Tours Interviews from December 1937 to Savarkar as their hero will surely work over time October 1941, na, Bombay, 1940, pp. 219-20. to keep under wrap the above described anti- national bloodied record of the Hindutva Gang 25-1-1016 against the Indian freedom movement and its [email protected] leaders like Netaji. It becomes the duty of all [For complete study of VD Savarkar s pro- those Indians who respect and honour the Casteism, pro-Imperialism, pro-Racism, pro- heritage of our great liberation struggle to expose Totalitarianism & anti-Indian Freedom the criminal deeds of the Hindutva Gang. Movement views and deeds see HINDUTVA: 1 Cited in Savarkar, V. D., Samagra SAVARKAR UNMASKED published by Media Savarkar Wangmaya: Hindu Rashtra House. Email:[email protected]] Darshan, vol. 6, Maharashtra Prantik http://www.countercurrents.org/ Hindusabha, Poona, 1963, p. 460-461. islam260116.htm 2. Ibid, p. 460. https://sabrangindia.in/indepth/collaborator- 3 Ibid, p. 461. savarkar-versus-freedom-fighter-bose
14 THE RADICAL HUMANIST February 2019 Why Do Minority Massacres Lead to Election Gains? Assured impunity is leading to horrid forms of violence against non-Hindus Ram Puniyani Sajjan Kumar, former Congress leader and is the anti Sikh violence, which was a one- MP, finally surrendered on December 31, the off event and came up as a sort of insane deadline set by the High Court in Delhi which political revenge against the hapless Sikh gave the verdict about his involvement in the community. 1984 anti Sikh massacre. The other is regular, repeated violence This anti Sikh pogrom took place in the against Muslims and Christians - which is part aftermath of the assassination of then Prime of the Hindu Nationalist or Hindutva agenda. Minster India Indira Gandhi. Several While the Congress led the violence against commissions of inquiry later Kumar was the Sikh minority, it is Hindu communal groups finally implicated in 2005 by the Justice who have been orchestrating the violence Nanavati Commission investigating the against Muslims and Christians. massacre. An interesting observation, backed by the Last month, Justices Muralidhar and Goel research of scholars of ethnic violence, is that who gave the verdict hit the nail on the head the forces which orchestrate communal when in their judgment they observed, “There violence become electorally stronger in the has been a familiar pattern of mass killings region. since the Partition, including Mumbai in 1993, While in the aftermath of anti Sikh pogrom Gujarat in 2002, and Muzaffarnagar in 2013… the Congress emerged as more powerful in Common to these mass crimes were the Delhi, in the case of Mumbai 1992-93 and targeting of minorities and attacks Gujarat 2002 the BJP emerged stronger, even spearheaded by dominant political actors planting roots in areas where it had been facilitated by law enforcement agencies. The minuscule in strength. criminals responsible for the mass crimes The most significant such study comes from have enjoyed political patronage and Yale University - it demonstrates that the managed to evade prosecution and BJP’s electoral strength goes up in the post punishment.” violence scenario. By contrast, in Delhi where The tragedy of rising communal violence in the post pogrom phase the Congress is due to communal forces, the apathetic emerged stronger, it gradually weakened. political leadership, which is either promoting As far as the anti Sikh pogrom is concerned, or letting it happen, the biased administration exclusive blame is put on the Congress. No and police apparatus, and loopholes in the doubt this is most of the truth - but there is justice delivery system. All this has led to the another aspect which has been conveniently impunity being enjoyed by leaders and put under the carpet. And that is the support footsoldiers involved in violence. and involvement of the RSS-BJP in this tragic Violence against the religious minorities can incident. be broadly categorized into two groups. One The Hindustan Times of February 2, 2002
February 2019 THE RADICAL HUMANIST 15 reported that in the 1984 pogrom names from significance that is why we have decided to the BJP were also there in those involved in publish it, violating the policy of our Weekly. the violence. The Pioneer of April 11, 1994 This document highlights the new affinities reported the “BJP move to shield its cadre’s developing between the Indira Congress and involvement in the 1984 violence.” the RSS. We produce here the Hindi Khabar Bar (linked above) reports that by translation of the document.” 2014 a total of 14 FIRs had been registered While Congress complicity has been “against 49 BJP-RSS leaders for their role in criticised time and time again, and correctly the anti-Sikh riots of 1984.” According to the so, the aspect of the RSS-BJP attitude to the same report, incumbent chief minister of Sikh religious minority has been hidden from Punjab Amarinder Singh had also named popular understanding. The BJP and the Akali many BJP and RSS leaders like Ram Kumar Dal allied in Punjab to be in power there for Jain, Pritam Singh and Ram Chander Gupta, a long time, despite their ideological to name a few, who were involved in the differences - but why the Akali Dal has massacre, and had questioned Sukhbir Singh maintained a silence on the RSS role in the Badal for maintaining a sheepish silence about 1984 massacre is a matter of deep concern. their involvement, only because they belonged This document coming from a prominent to an allied party. RSS ideologue puts the blame of violence on Contrary to Shiromani Akali Dal’s Sukhbir Sikhs themselves, whereas Indira Gandhi’s Singh Badal’s claims that BJP members assassins in no way represented the whole courageously saved the lives of Sikhs in 1984, community. records as per the Jain-Aggarwal committee The major failure since the anti Sikh included several names of prominent Delhi pogrom has been the failure of justice delivery. BJP and RSS workers being a part of the It’s true that major Congress leaders like massacre. Sonia Gandhi and Manmohan Singh But the revelation came in an article by expressed deep remorse and regret over the the major RSS ideologue Nanaji Deshmukh. 1984, while one has yet to hear any pain and In an article in Pratipaksh on November 25, anguish from RSS-BJP circles over the 1984, Deshmukh wrote that the anti Sikh regularly occurring anti-Muslim and anti- violence was due to ‘a genuine feeling of Christian violence. anger among Hindus of India’ and that the One hopes that the phase of anti-Sikh has Sikh community should bear it silently. passed never to repeat. But violence against He also says that Rajiv Gandhi needs all Muslims and Christians is on the rise, and is the support in this hour of national crisis. assuming horrid forms. The document itself was circulated on While feeling some relief that Sajjan Kumar November 5, 1984 when the peak of the is in jail, where he should have been years violence was underway. ago, the wish is that all those responsible for George Fernandes, then editor of the massacres of Mumbai 1992-93, Gujarat Pratipaksh, published it with this editorial 2002, Kandhamal 2008 and Muzaffarnagar comment: “The author of the following 2013, among others, are punished as per the document is known as an ideologue and policy law - and that we rid our society of the ill of formulator of the RSS. After the killing of the impunity enjoyed by the planners and Prime Minister he distributed this document executers of these macabre acts. among prominent politicians. It has a historical 3 January 2019.
16 THE RADICAL HUMANIST February 2019 Death of a Cow Has More Significance Than That of a Police Officer: Naseeruddin Shah “There is complete impunity for those who take the law into their own hands. The poison has already spread and it is difficult to put this jinn back into the bottle.” New Delhi: Speaking to Karwan-e- had killed the cows and UP chief minister Mohabbat India, Naseeruddin Shah expressed Adityanath also ordered a probe into the concern over the Bulandshahr violence and alleged cow slaughter, choosing to ignore the said that, “the death of a cow has more killing of Singh. significance than that of a police officer.” He In an over two-minute video, Shah also also said that he doesn’t see “the situation expressed anxiety for his children if they were improving anytime soon”. asked about their religion. “I feel worried about The veteran actor further said, “There is my children. They do not have a religion. I had complete impunity for those who take the law received religious education as a child. Ratna into their own hands. The poison has already belongs to a liberal household, so she had spread and it is difficult to put this jinn back received none,” he said. into the bottle.” The actor added, “I feel anxious for my On December 3, mob violence broke out children because tomorrow if a mob surrounds in Uttar Pradesh’s Bulandshahr over an them and asks “are you a Hindu or a Muslim”, incident of alleged cow slaughter in the Mahaw they will have no answer.” village of the district. It led to the death of two Shah also said, “I want every right-thinking men, including that of police inspector Subodh person to feel angry and not scared. This is Kumar Singh. our home. Who can dare to evict us from Soon after, the Uttar Pradesh police stated here?” he said. that their main concern was to uncover who Courtesy The Wire, 20. 12. 2018.
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February 2019 THE RADICAL HUMANIST 17 Bulandshahr: Human rights probe panel claims Bajrang Dal’s role in Dec 3 clashes that killed cop in cold blood Police inspector Subodh Kumar Singh and Sumit (the local) were killed in the violence that broke out after cow carcasses were found strewn in the jungle. NCHRO Bulandshahr: A six-member probe team of Agrawal kept inciting people to turn violent. In the National Confederation Of Human Rights the exchange of fires, local boy Sumit died. Organizations (NCHRO) on Sunday revealed Furthermore, the investigation revealed that chilling accounts of the Bulandshahr violence that the violent mob not only shot Subodh Kumar close took place on December 3 that killed a police to his eyes but also lynched him mercilessly with inspector in cold blood, and said that the incident sticks and stones till he died on the spot. The was fuelled by Hindutva elements. other police personnel who were with Kumar in Police inspector Subodh Kumar Singh and the jeep apparently fled from the spot to save Sumit (the local) were killed in the violence that their lives. broke out after cow carcasses were found strewn The mob that was carrying out the protest in the jungle. The demonstrators loaded the were drawn from the Bharatiya Janata Party, carcasses on tractor trolleys and took out a Vishwa Hindu Parishad, Bajrang Dal, and Hindu protest on a busy road, leading to a huge traffic Yuva Vahini, an earlier report had said. Of the jam. 27 people named in the FIR, at least four are “Local members of Hindutva group Bajrang workers and functionaries of the above- Dal - Yogesh Raj and Shikhar Agrawal - pounced mentioned organisations. on the opportunity and fueled the fire. They When a team of police reached the spot, instigated the mob and slowly people from nearby miscreants allegedly pelted stones at the cops villages also gathered at the scene. By 10:30 am, and ransacked a police station, setting ablaze there were over 300 people at the scene… They several police vehicles. gheraoed the police station that had six police Earlier, there were conflicting reports on how personnel in it at the time. The police sought Inspector Subodh Kumar was killed. While a few reinforcement from the police headquarters… reports had claimed that the police officer was Subodh Kumar reached the spot around 11 am, attacked by blunt objects and stones, a video that an FIR was lodged and assured assistance and surfaced on the social media showed the slain help,” Manoj Kumar from the probe team said cop hanging upside down from his official vehicle, at a press conference today. apparently shot in the head. The probe team said that Subodh went to the A post-mortem report later confirmed that the mob and tried to pacify it and said, “We will cop was both hit by a hard and blunt object and conduct a detailed probe in this matter. Please also suffered gunshot injury. Some reports also maintain law and order.” But, Raj continued to said that the inspector was shot by his own pistol. incite the mob, which is why it became difficult The First Information Report has mentioned to control the mob, the panel said. Yogesh Raj, reportedly a senior Bajrang Dal Eyewitnesses told the probe team that they leader who had earlier filed an FIR alleging cow could hear sounds of firing as the mob turned slaughter, as the main accused in the case. violent. Many said that Bajrang Dal’s Yogesh Raj However, Raj has not been arrested yet. and Bharatiya Janata Yuva Morcha’s Shikhar Courtesy Times Now Digital, Dec 30, 2018
18 THE RADICAL HUMANIST February 2019 The shrinking space for public intellectuals Today, critical intellectuals are an endangered species. What will it take for ‘superheroes of the mind’ to be fighters of human dignity? Ramin Jahanbegloo
(From left) Dipankar Gupta, Romila Thapar, Ashis Nandy, Arundhati Roy and Bhikhu Parekh. Photo: Anshuman Poyrekar/Hindustan Times
Talking about the public role of intellectuals as Romila Thapar, Ashis Nandy, Dipankar in today’s world, and more specifically in India, Gupta, Arundhati Roy and Bhiku Parekh— is of great significance given changes taking continue to engage with Indian public and place in culture and politics. It is not simply strengthen the concepts of democratic dissent enough to talk about the role of Indian public and civic questioning. Yet, we should not forget intellectuals in the making and preserving of that the notion of critical thinking and the critical mindedness and democratic engagement business of questioning, more than being an act in Indian academia. One should also pay of political partisanship, are essential attention to the role which could and should be components of the definition of “intellectual” in played by public intellectuals in promoting moral modern times. and political excellence and civic friendship Decline of the Intellectual among the future generation of Indians. When Thomas Mann left Europe in 1938 to However, to do so, public intellectuals in India escape Nazi terror and to settle in the United need to challenge the traditional assumptions States, he responded to a journalist upon his that have reinforced positivistic methodologies, arrival in New York by saying: “Wo ich bin die apathetic scholarship and an increasing ist deutsche Kultur” (wherever I am, there is fascination with a calculative leadership which German culture). Today, if any of us here present refuses to listen and to learn instead of leading. situates oneself in Thomas Mann’s footsteps, Fortunately, many Indian intellectuals—such he or she has earned the right to say: “Wherever
February 2019 THE RADICAL HUMANIST 19 I am, there is human culture and a struggle for moral imperatives in the public sphere is a way human dignity.” But unfortunately, in the age of of coinciding the humanitarian urge of our world political demagogy and #Trumpization of politics, with the special needs of career-making. things seem to be quite different from the time Salaried, tenured and pensioned, many of Thomas Mann. intellectuals find themselves chained to the The 21st century represents in general a wheel of a respectable career and profession separation between intellectuals and the public which grounds their capacity of critical space. Seldom have intellectuals and the political mindedness in a non-adversarial context. More world diverged so much. As such, intellectuals precisely, narrow professional self-interests are no more described as “superheroes of the have destroyed the so-called public interests of mind”, but simply as critical idealists who look the intellectuals. Quickly and unrepentantly beyond the scope of our everyday life. Today, forgetting their moral and political critical intellectuals are an endangered species. responsibilities, many intellectuals in today’s Today’s intellectuals have a fear of the political world have degraded and abandoned the idea and it seems as if the political has also a terrible of public sphere evolving into uncritical indifference to what could be called supporters of mass culture. “intellectual”. The new stars Many others have seen this process as a It is by virtue of this uncritical public stance decline of the intellectual. This decline is usually that political and cultural experts and media described as a process of distancing from the pundits have replaced intellectuals as the public sphere toward an increasingly sociological actors of our contemporary world. professionalized, corporate and managerial Engaged solely in discussing facts—that is, facts world. In other words, intellectuals are losing dictated by the economic laws of the market or their public authority and their moral legitimacy by the political decisions of governments around of speaking truth to power, while becoming the world—today’s media celebrities are no incapable of carrying on their independent and more interested in discussing values. critical functions as thinkers and animators of As such, with the rise of the post-industrial ideas. global village, dominated by media networks and The 21st century shows a separation technology-led communication in which critical between intellectuals and the public space. voices are often drowned, what can be called Seldom have intellectuals and the political the “epidemic of conformism” has completely world diverged so much- paralyzed and rendered impotent the critical The move away of the intellectuals from the questioning of the intellectuals. public sphere can be described as an effort to This is an age of “#Trumpization of renegotiate the purpose and boundaries of the politics”. An age that has brought with it public sphere without taking into consideration the rise of populist politicians and the ethical imperatives of a dialogue with the loudmouth demagogues- political. As such, today’s intellectuals seem to That said, the category of “intellectual” think that since all moral truths are relative, there remains a problematic concept and difficult to is no more a need to represent a moral voice in define. However, in order to question the role a voiceless world. The attempts of the of intellectual engagement in the context of intellectuals in the academia and other twenty-first century, we need to start with some professional institutions to pretend that it is of the salient features of the intellectual in politically correct and wise to be dismissive of history. It goes without saying that the intellectual
20 THE RADICAL HUMANIST February 2019 has always been a social-historical figure that epistemological attitude of the intellectual in all has emerged from a cultural background, but times. Though the term “intellectual”, as we with a public function that relates to a universal know it today, has been fabricated very late in consciousness. human history, the critical function of intellectual This emphasis on the universal task of the thinking and the dissenting attitude of those who intellectual and its presence as a socio-political went against the tide, has always been a mode figure in the public space, reinforces the of being of disobedient minds all through history. distinction between “intellectuals” and It is with the Dreyfus Affair in 19th century “academics”. Moreover, with “intellectuals” the France (when Alfred Dreyfus was imprisoned focus is not only on the transmission of ideas, in 1894 on charges of leaking secrets to the but with the act of universalizing awareness German army) that the category of the through a process of questioning. In other “intellectual” became recognized for the first words, the critical mode of questioning which is time, accompanied by a slightly different proper to the work of intellectuals is an interpretation of its “public” role. Despite the engagement with the problem of questioning ideological differences among intellectuals during itself and not only the capacity to question and the Dreyfus Affair, both sides agreed that the to doubt. intellectual should be engage. But what an So perhaps the basic question of intellectual intellectual like Emile Zola saw at stake in the questioning is about the meaning, validity and Dreyfus Affair was to use his ideas as a way to legitimacy of questions. Therefore, by definition, denounce injustice. Zola’s pamphlet, J’accuse, society for an intellectual is a space of active became the critical spear of many writers, questioning and unlimited interrogation in such artists, journalists and academicians who jointly a way that the questions of freedom, justice, signed a “Manifesto” and declared Dreyfus equity and equality can always be posed anew innocent and wrongly imprisoned. and not taken for granted. Intellectuals are not only individual thinkers, The first intellectual but also public servants of humanity who stand So, it doesn’t come to us as a surprise that for something far larger than the discipline from the history of political thought began with an which they originated. They are constantly act of intellectual questioning, that of Socrates, balancing the private and the public. That is to the Athenian philosopher and gadfly, against his say, an intellectual’s personal commitment to an judges who condemned him to death. If ideal must have relevance and respect for the Socrates can be considered as the first public society. This is how the intellectual engages intellectual in the history of humanity, it is himself or herself with the changing issues of certainly because he is something other than a society while remaining true to certain ethical simple Athenian picked out of the crowd. He is principles. This is how intellectuals appear as an individual who takes his distance from his the moral conscience of their societies. own heritage by questioning the nature of Greek As such, one of the tasks of the intellectual myths and ideas. is to think. But can we think without disobeying Socrates’s main accomplishment is to call into and without questioning and without dissenting? question the conventional forms of authority and “The most thought-provoking thing about our heteronomy in his time. As such, Socrates is thought-provoking age”, wrote martin not only a philosopher-citizen but also a Heidegger, is, “that we are still not thinking.” philosopher-dissenter. This idea of “dissent” is Thinking, Heidegger observes, is questioning. the key feature to the existential presence and To think is to put the world and ourselves into
February 2019 THE RADICAL HUMANIST 21 question. In other words, thinking is determined being an actor of the “celebrity culture”. With by a person who questions. It involves not only the banalization of cultural life, intellectuals have our receptivity to freedom but also the necessity been transformed into insignificant figures who to disobey. The call of thought is, thus, the call find their homes in the universities and think to freedom. There has been, since Socrates, the tanks around the world, where they have no tradition of a public intellectual as the supporter moral legitimacy in their specific disciplines. and guardian of civic freedoms. This is an age of “#Trumpization of politics”, In conclusion an age of ignorance, arrogance and mediocrity. Let us ask what public intellectuals should This is an age which has brought with it the rise stand for and fight for in today’s world. Passive of populist politicians and loudmouth intellectualism and intellectual elitism are both demagogues around the world. However, the precisely what intellectuals cannot afford at a rise of the demagogues is the symptom, not the time when they are trying to bring together a cause of erosion of public trust and engagement. global community of shared values in order to But what is often lost in the debate is the role confront global challenges all together. that needs to be played by the intellectuals as However, it happens that the specialization of agents to transform the public discourse and intellectual life together with the dominance move the society toward new social imaginaries of mass culture have provided the and new modes of thinking. It is time, once again, disappearance of the charismatic public for public intellectuals to be the uncompromising intellectual figure and the decline in the quality fighters on behalf of human dignity. of what we call “public”. Ramin Jahanbegloo is professor, vice Today, intellectuals play no more the role of dean and director of Mahatma Gandhi critical counter power to liberal oligarchies and Centre for Peace Studies at O.P. Jindal populist regimes around the world, and they have Global University. lost their ability to think independently without Courtesy Live Mint, Dec 28, 2018.
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22 THE RADICAL HUMANIST February 2019 The Sohrabuddin Judgment Is a Mockery of Justice, the CBI Must File an Appeal The judgment makes it clear that the learned judge was bent upon acquitting the accused by totally disregarding the evidence – oral and documentary – placed before him. Dushyant Dave The judgment delivered last month in the as contemplated under Section 197 of Code of Sohrabuddin Shaikh fake encounter case is the Criminal Procedure… In absence of the sanction greatest mockery of justice and reflects the the accused are entitled for acquittal. malaise that has taken hold of the administration The judge also says in paragraph 262: of justice in the country. I am not unaware of the degree of agony Delivered on December 21, 2018 (but signed and frustration that may be caused to the society on December 31) by S.J. Sharma, additional in general and the families of the deceased in sessions judge, city civil and sessions court, particular, by the fact that a serious nature of Greater Mumbai, this judgment is a direct insult crime like this goes unpunished, but then the to the Supreme Court and the law laid down by law does not permit the court to punish the it, not just in the instant case – in which it had accused on the basis of moral conviction or directed the CBI to investigate the killings of suspicion alone…. It is no doubt a matter of Sohrabuddin, his wife Kausarbi and their regret that there is reported killing of associate Tulsiram Prajapati – but also in terms Sohrabuddin and Tulsiram Prajapati which is of the settled law on encounter killings by the going unpunished. police. Just to be clear, the judgment categorically The 358 page judgment reflects a complete 1. finds that the accused were acting in non-appreciation of facts, lack of understanding discharge of their duties in what they did, of the law and is bereft of any concern for human 2. finds that three persons have been killed, lives. When read as a whole, it is clear the learned and judge was bent upon acquitting the accused by 3. records that after those killings in alleged totally disregarding the evidence – oral and encounters the Gujarat Police had filed documentary – placed before him. His approach FIRs/chargesheets expressly narrating is to reject everything that is inconvenient and to the details of the encounters and the role build a farcical story in holding that there was no played by the 22 accused (and others evidence to link the accused to the wanton killings. who were earlier discharged in the The judgment is a bundle of contradictions. same). Consider this: from paragraphs 244 to 259, the What more was required to establish culpability judge discusses the law on sanction under Section is unfathomable. 197 of Code of Criminal Procedure. But then, he Despite this, the bulk of the judgment – records something extraordinary in paragraph paragraphs 1 to 243 – is devoted to establishing 260: that there is no evidence to establish beyond doubt The foregoing discussion makes it clear that that the 22 accused were involved in the killings the 21 accused who are police officials and who of the three persons. were found doing the act and deed in discharge Perhaps the learned judge is unaware that the of their official duty, are entitled for the benefit Supreme Court, in Munshi Singh Gautam v
February 2019 THE RADICAL HUMANIST 23 State of MP, has categorically settled principles extraordinary remedies. While dealing with an for appreciation of evidence in such killings in unprecedented case, the Court has to innovate the following terms: the law and may also pass an unconventional “6. Rarely in cases of police torture or custodial order keeping in mind that an extraordinary fact death, direct ocular evidence of the complicity situation requires extraordinary measures. of the police personnel alone who can only explain 3. In a case where the person is alleged to the circumstances in which a person in their have died in police custody, it is difficult to get custody had died. any kind of evidence. 7. The exaggerated adherence to and 4. Tolerance of police atrocities, as in the insistence upon the establishment of proof beyond instant case, would amount to acceptance of every reasonable doubt by the prosecution, at systematic subversion and erosion of the rule of times even when the prosecuting agencies are law.” themselves fixed in the dock, ignoring the ground How the CBI came into the picture realities, the fact situation and the peculiar It is deeply disturbing that Judge Sharma in circumstances of a given case, as in the present his entire judgment does not even refer to the case, often results in miscarriage of justice and judgments of the Supreme Court by which the makes the justice-delivery system suspect and investigations were ordered to be transferred to vulnerable…The courts must, therefore, deal with the CBI. In the judgment of Rubabbuddin such cases in a realistic manner and with the Sheikh in 2010, the Supreme Court categorically sensitivity which they deserve.” recorded: Judge Sharma reflects complete ignorance of “54. It is also well known that when police the Indian Evidence Act, 1872 and many of its officials of the State were involved in the crime provisions which were so crucial in deciding the and in fact they are investigating the case, it would matter before him. Section 106 categorically be proper and interest of justice would be better provides for “burden of proving fact especially served if the investigation is directed to be carried within knowledge”. out by the CBI Authorities… It is settled law that Section 106 is designed to 81. In the present circumstances and in view meet certain exceptional cases in which it would of the involvement of the police officials of the be impossible for the prosecution to establish State in this crime, we cannot shut our eyes and certain facts which are particularly within the direct the State police authorities to continue with knowledge of the accused. the investigation and the charge-sheet and for a The law in this regard has been settled from proper and fair investigation, we also feel that 1956 in Shambu Nath Mehra v State of Ajmer CBI should be requested to take up the to Prithipal Singh v State of Punjab in 2012. investigation.” In the last referred judgment, the Supreme Court In Narmada Bai v State of Gujarat, the affirmed the conviction of police officers guilty Supreme Court even went further to hold: of killing a human rights activist in Punjab holding, “59. The fact that in the case of murder of an inter-alia, as under: associate of Tulsiram Prajapati, senior police “1. Police atrocities in India had always been officials and a senior politician were accused may a subject-matter of controversy and debate. In shake the confidence of public in investigation view of the provisions of Article 21 of the conducted by the State police. If the majesty of Constitution, any form of torture or cruel, inhuman the rule of law is to be upheld and if it is to be or degrading treatment is inhibited. ensured that the guilty are punished in 2. Extraordinary situations demand accordance with law notwithstanding their status
24 THE RADICAL HUMANIST February 2019 and authority which they might have enjoyed, it encounter”. is desirable to entrust the investigation to CBI.” Post-judgment, Modi in a television interview It is an admitted position that Prajapati, while cited the Sohrabuddin case as an example of being in jail in Udaipur, had represented to the “how institutions were misused” by the Congress. authorities – including National Human Rights Arun Jaitley, a lawyer par excellence and whom Commission (NHRC) – that he would be killed I hold in high respect, said in a blog post titled in a fake encounter by the Gujarat Police while “Who killed the Sohrabuddin investigation” that being taken to Ahmedabad in a pending criminal “the detractors should seriously introspect as to case. what they did to the CBI when they were in This letter was forwarded by the NHRC to power.” Smriti Irani said that, “Nobody killed” the police authorities of Rajasthan and Gujarat Shaikh and “he just died” and said Shah was to protect his life. Yet what happened on “targeted by CBI as part of a political December 27, 2006 was exactly what he had conspiracy”. feared and from what he was to be protected at However, what the nation must know is how the instance of the NHRC. the entire trial was deflected, if not manipulated, It is also a matter of record that the DIG of at the instance of those in power. The CBI, which the Anti-Terrorism Squad (Gujarat), which had investigated and was prosecuting the case, is killed Sohrabuddin and Kausarbi in November under the Centre’s control. 2005, was transferred as DIG (border range) just When so many police officers turned hostile, before the killing of Prajapati. The killing took the CBI and the judge should have taken place in the area under his control. appropriate measures for their re-examination in Narendra Modi, then the chief minister of a proper manner. The judge should have exercised Gujarat, was holding charge of the home ministry his powers under Section 162 of the Evidence and Amit Shah was minister of state for home. It Act to elicit the truth. The police officers who is a matter of record that in a 2007 public rally in have turned hostile are also under the control of Mangrol, Gujarat, Modi owned up the killing of the BJP-run Gujarat government. Modi and his Sohrabuddin in public. colleagues must take moral responsibility for this He said Sohrabuddin “got what he deserved” failure rather than claim victory. and asked people, “Congress in Gujarat is raising Choice of judge its voice on the Sohrabuddin issue. But it should The Supreme Court, while affirming bail explain to the people what should be done to a granted to Amit Shah in its judgment in 2012, had man who stored illegal arms and ammunitions. categorically directed while transferring the two You tell me, what should have been done to cases to Mumbai as under, “The Administrative Sohrabuddin?” The crowd echoed, “Kill him, Kill Committee would assign the case to a court him” and Modi responded, “Well that is it. Do I where the trial may be concluded have to ask Sonia Gandhi’s permission to do judiciously…The Administrative Committee this?” would also ensure that the trial should be Subsequent to the judgment, Vanzara himself conducted from beginning to end by the same stated in a press conference that, “But for the officer.” encounters, it might have become difficult to It is a matter of public knowledge that judges ensure the safety of Modiji and Pakistan by now were transferred, while one judge died in what would have succeeded in turning Gujarat into his own family categorically claimed to be another terrorist-ridden Kashmir.” He also suspicious circumstances. The Supreme Court referred to the killing as a “pre-emptive wished away these claims by holding that only
February 2019 THE RADICAL HUMANIST 25 snippets of the interview were produced, while initio, requiring a full and proper retrial? neither questioning the genuineness of what was The CBI was not misused by the Congress. It produced nor asking for the full recording at any was at the instance of the Sohrabuddin’s brother stage. and Prajapati’s mother that the Supreme Court The appointment of S.J. Sharma as the last transferred the cases to the agency. Some of us judge assumes importance because he was to took up the task in persuading the Supreme Court retire by December and was given extension for to do so, for the protection of human rights and a few weeks to write the judgment. The Bombay not for political gains. high court and the administrative committee owe Let us hope the CBI now appeals against the a full explanation as to how they selected this judgment and let us hope and trust that the particular judge who reflects complete lack of Bombay high court will deliver justice in the understanding of the law. matter. Someday, the Supreme Court will have to Dushyant Dave is a senior advocate and examine why the administrative committee of the former president of the Supreme Court Bar Bombay high court vitiated this direction. Does Association. this not render the judgment completely void ab Courtesy The Wire, 8 January 2019. An Obituary – Sunity Ranjan Mukherjee Veteran Radical Humanist Sunity Ranjan Mukherjee passed away at 84 at his residence at 3, Champatala Lane, Serampore, Hooghly in West Bengal on 8th January, 2019 after a brief illness. A matriculate from Chatra Nandalal School and a graduate from Serampore College, Sunity Ranjan Mukherjee obtained Bachelor of Law Degree from the University of Calcutta. He began his career in the Secretariat of the Government of West Bengal in the mid-fifties of the last century. At that time, he used to join the Study Camp of the Radical Humanists at Mussoorie and was greatly influenced by the discourses in the Camp. During his service career, he was one of the co-founders and a pioneer of an employees’ association which acted totally outside the influence of any political party, particularly the Marxists who used to treat the employees as tools for furthering their party interests in preference to the welfare of the employees. He used to circulate radical humanist literature among his fellow employees and was thus able to inculcate the ideals of radical humanism in them. After his retirement as Assistant Secretary in the Land & Land Reforms Department in 1992, he took up legal practice in the High Court at Calcutta. During his stint in the High Court, he left a stable imprint as a Radical Humanist on his fellow advocates. An ardent follower of The Radical Humanism propounded by the great philosopher revolutionary, M.N.Roy, he was closely associated with the personalities like V.M. Tarkunde, Shibnarayan Roy, Amlan Datta and many others. He founded a study circle entitled “Ganatantri Mahal” at Chatra, Serampore with a view to disseminate the message of democracy, decentralization and rationalism as a way of life. He was a bachelor and left behind a rich collection of books, friends and followers and upheld the rich tradition of untiring criticism of the status quo based on secular morality and rationalism in all spheres of life. Goutam Bhattacharya
26 THE RADICAL HUMANIST February 2019 Gujarat Police Under Modi Confirmed Sohrabuddin Encounters Were Fake, Not CBI The Supreme Court had to directly intervene and transfer the case to the CBI because it was convinced that the Gujarat police was impeding the investigation. Sarim Naved It’s odd that both Prime Minister Narendra the case? Modi and finance minister Arun Jaitley have Was the case politicised? characterised the Sohrabuddin Sheikh -Tulsi The charge of political bias is easily thrown Prajapati murder investigation as politically around in these polarised times. In a way, the motivated and biased. For the key premise of judgment in the Sohrabuddin Sheikh triple murder the case – that they were murdered by the police case last week has become politicised through in a fake encounter – was actually built by the the judgment itself; the presiding judge
Sohrabuddin Shaikh was killed in an alleged staged encounter. Credit: PTI Gujarat police itself when Narendra Modi was accused the CBI of carrying out a pre- chief minister. determined investigation. The case was then taken to the Supreme Court The judgment, for the purpose of arriving at by Sohrabuddin’s family, which sought a CBI this conclusion, relied on a large number of investigation because they felt the Gujarat police witnesses – 92 out of 210 – turning hostile. It would not conduct an unbiased investigation further disbelieves the prosecution against their own officials. case regarding simple details like Sohrabuddin’ s The CBI came into the picture only after the travel to Hyderabad and then his journey Supreme Court concurred with this plea and to Sangli, during which he and Kauser Bi were agreed that the case had to be taken out of the kidnapped and later murdered. hands of the Gujarat authorities. Even the trial What is curious in the ultimate indictment of was shifted to Mumbai. And all this happened the CBI is that many, if not most of these under the Supreme Court’s monitoring. details regarding Sohrabuddin Sheikh and Kausar So, are Modi and Jaitley suggesting the Bi’s final journey, had been investigated by the Supreme Court was also biased in supervising Gujarat police when Modi was chief minister.
February 2019 THE RADICAL HUMANIST 27 In fact, in 2010 when the case was finally within six months from the date of handing over transferred to the CBI, the then Gujarat a copy of this judgment and the records relating government staunchly opposed the move as it to this crime to them.” had already filed the chargesheet and said it was A person’s guilt or innocence cannot be subject committed to bring the accused to justice. to a political debate, and should be left to the The Supreme Court was not convinced and the courts. The judgment will be challenged. The CBI only built on that investigation. It’s surprising victims’ side will point out the infirmities, while now that the entire investigation is being attacked the exonerated will surely uphold its politically, especially when it was conducted on virtues. What, however, should be a matter for the orders – and under the supervision – of the public and political debate is the process that led Supreme Court, wherein the victim’s families, the to the judgment. accused, the CBI as well as the Gujarat This is a case where the Supreme Court had government participated in every hearing. to directly intervene to initiate an investigation, The conclusion of the trial court judge – that then to monitor it and transfer it to the words had been put in the mouth of the witnesses CBI because it was convinced that the state police by the CBI – is curious as none of them, including was impeding the investigation under the accused and the Gujarat government, pressure. Even after the transfer of the had brought this alleged large-scale fabrication of investigation, the trial was transferred to Mumbai evidence to the attention of the apex court when to be heard by a single judge. they could easily have done so. A botched prosecution? On the contrary, at least one witness, Azam This very abnormal case has ultimately fallen Khan, stated that he was being forced by the to the most normal threat to prosecutions in India, Gujarat police to retract his statement given to i.e. witnesses turning hostile. Witnesses who the CBI and the magistrate on an earlier haven’t turned hostile are disbelieved for reasons occasion. of inconsistencies – at least some of which can What the Supreme Court observed, at the time be attributed to the fact that the investigation of transferring the investigation, was: became protracted and that witnesses were “Since the high police officials of the state of afraid for their safety. Gujarat are involved and some of them had Much has been said about witnesses who gave already been in custody, we are also of the view additional details to the CBI as opposed to the that it would not be sufficient to instil confidence Gujarat police earlier. This is completely in the minds of the victims as well as of the public believable as the Supreme Court held that the that the State police authorities would still be Gujarat police investigation was far from allowed to continue with the investigation when satisfactory. In fact, when Sohrabuddin’s allegations and offences were mostly against brother Rubabuddin testified that T ulsiram gave them. him blank signed sheets to be used for whatever In the present circumstances and in view of purpose he deemed fit – as Tulsiram was sure the involvement of the police officials of the state he would be killed – the same has been disbelieved in this crime, we cannot shut our eyes and direct despite the signature being confirmed to be his. the state police authorities to continue with the Tulsiram’s lawyer, who argued that he was investigation and the charge sheet, and for a afraid for his life and had complained to the courts proper and fair investigation, we also feel that at Udaipur where he was imprisoned – has also the CBI should be requested to take up the been disbelieved as no vakalatnama was investigation and submit a report in this court produced to show that he was representing
28 THE RADICAL HUMANIST February 2019 Tulsiram. Protection Scheme brought into force by the One more class of judicial officers hard-done Supreme Court. He was not the only one who by in this prosecution are the magistrates who suffered. The mother of one of the victims, recorded the statements of various witnesses Tulsiram Prajapati could not be ‘traced’ by the which were discarded by the prosecution. Surely, CBI even though warrants to produce her were there can be no doubt they recorded these issued. statements truthfully. Short of going into the She was, however, easily traced by The Wire‘s quality and valency of recording these correspondent, to whom she narrated her travails statements, the same cannot be ignored. and her utter exhaustion. Inspector V.L. In a case where all the accused were police Solanki had publicly stated his fears about personnel – all the politicians had been discharged testifying and had sought protection. When the earlier – for almost half the witnesses to turn same was not provided to him by the CBI, he hostile creates grave suspicion regarding either went to court to give a truncated version of the the investigation or the conduct of the testimony he gave during the investigation. prosecution. A bare reading of all the chargesheets filed No attempt was made to safeguard show that there are around 500 witnesses in the witnesses. Statements recorded before case, out of which 210 were examined. The magistrates during the investigation were not even prosecution stated that re-examining Azam Khan, exhibited during trial, and a majority of the Mahendra Jhala, and summoning additional witnesses were not even examined. They were witnesses, including the initial investigating officer simply not summoned by the prosecution, which Rajnish Rai was not required as their testimonies closed its evidence just a fortnight before the final pertained to the discharged accused. arguments were heard. These witnesses, if they had been allowed to None of the accused felt compelled to produce complete their testimonies, would have been able any evidence in their defence – so weak was to complete the chain of circumstantial the prosecution’s case. While the judgment shows evidence which is required to prove a conspiracy. concern towards witnesses who stated their As such, the conspiracy could not be statements were wrongly recorded by the CBI, proved because many conspirators were no attention is paid to the possibility that these discharged on the technical ground of non- hostile witnesses may not have been free of fear availability of sanction. Once that happened, the or pressure. evidence regarding them was disbarred from This is not merely an idle concern. Azam Khan being recorded, further damaging the has been seeking protection from the Rajasthan prosecution’s case. high court regarding the torture and threats The point is that all necessary evidence must inflicted upon him by one of the accused and be presented to the court, after which it is another serving police personnel in Udaipur a responsible for sifting out the irrelevant couple of months before his deposition. He was material. The CBI’s prosecutorial ‘own goal’ threatened by one of the accused on the morning ensured that an incomplete picture was presented of his deposition. After he named D.G. Vanzara to the court. Failure to ensure any support to the – who had been discharged earlier – he alleged witnesses perforce contributed to large numbers he was tortured. of them turning hostile. He approached the court seeking to be re- Sarim Naved is a lawyer and film examined as crucial parts of his testimony were enthusiast based in New Delhi. left out and sought to avail the new Witness Courtesy The Wire, 4 January 2019.
February 2019 THE RADICAL HUMANIST 29 Thirty seven academics write to ISCA: ‘Deeply shocked, disturbed’ Scientist Kannan Jegathala Krishnan, on the other hand, dismissed Albert Einstein’s Theory of Relativity, Isaac Newton’s Law of Gravity and Stephen Hawking’s theories about Black Holes. Abha Goradia Thirty-seven distinguished science academics Dani. and communicators on Wednesday signed a “We hope you will find out how the speakers letter against the “unscientific claims” made at were deemed fit to address the gatherings, and the Indian Science Congress this year that was we hope stronger steps are planned to ensure sent to the general president of the Indian that the ISCA actually promotes and advances Science Congress Association. the cause of science,” the letter to the ISCA “We are deeply shocked and disturbed that general president adds. false claims, based on confusing episodes in Some of the contentious claims which led to mythology as science, have been made in the an outcry at the ISC this year included Andhra 106th Indian Science Congress, that too in University V-C G Nageswara Rao statement scientific presentations made to the Children that Kauravas of Mahabharata were born out Science Congress. Such content in the ISC of stem cell research and test tube fertilisation undermines the long scientific tradition of the process and that Raavana had more than 24 ISC which, in the past, has been led by types of aircraft, the Pushpaka Vimana just one outstanding scientists such as Acharya Prafulla among them. Chandra Ray, Sir Ram Nath Chopra and Prof Scientist Kannan Jegathala Krishnan, on the P Parija. Such claims tarnish the image of Indian other hand, dismissed Albert Einstein’s Theory science globally, and also undermine the of Relativity, Isaac Newton’s Law of Gravity credibility of the genuine contributions of the and Stephen Hawking’s theories about Black great science personalities of yore, that too, in Holes. front of young and impressionable minds. Stories This is not the first time unscientific and false from our epics are poetic, enjoyable, rich in claims have been propagated in the ISC, the moral elements and in imagination but are not letter points out. scientifically constructed or validated,” reads the In response to similar occurrences in the letter. 2015 edition of ISC, an online petition was signed Noted academics who have signed the letter by over 1000 science academics and include astrophysicist Jayant V Narlikar, communicators and was submitted to the molecular biologist at IISC Bengaluru Dipankar president of ISC. Chatterji, scientists at Homi Bhabha Centre for Recently, the Indian Science Congress Science Education Aniket Sule, MC Arunan and Association has passed a resolution to obtain G Nagarjuna, faculty member at IIT Bombay written declarations from every speaker, invited Abhijit Majumder, science educator Arvind to the programme in future, stating that they Gupta, faculty member at Jawaharlal Nehru would not speak anything “unscientific”. University Dhruv Raina, and faculty member Courtesy The Indian Express, at Centre of Excellence on Basic Sciences SG 10 January 2019.
30 THE RADICAL HUMANIST February 2019 Democracy Derailed Jawaharlal Jasthi Every country in the modern world has a The entire administration depends on the whims constitution of its own, whatever it may contain. In and fancies of the person occupying the position. a democracy the constitution provides for the three It is the most powerful office in the modern world branches of government – executive, legislature having control of the most powerful military and and judiciary. The rights and responsibilities of each economic strength. Such concentration of power of the branches are well defined in the constitution in the hands of one person is inconsistent with and the constitution of the United States of America principles of democracy. But it is justified in the is not an exception to it. The intention is to ensure USA as the person is elected directly by the people that the government governs the country properly. of the entire country. The Representatives and Whatever happens, the show must go on. For that Senators are also elected but only by a fraction of purpose funds are provided by the legislature – the people. Even then, the President is bound by they call it Congress consisting of a House of certain restrictions mentioned in the constitution. Representatives and a Senate – by passing budget No bill passed by the Congress becomes law unless every year. The peculiar system of America allows it is signed by the President. But his discretion in Congress to provide funds on selective basis, that this regard is limited. Section 7 of Article I clearly is, for different periods for different departments. states that the bill passed by the Congress shall be Thus, the funds provided for about nine departments submitted to the President for his approval. The expired by the midnight of 23 December, 2018. President shall sign it or he may send it back to the Those departments cannot function unless funds House where it originated with his objections within are provided by the legislature for extended period. ten days after he receives the bill.Then if the two For them the financial period ends by September Houses pass the bill again with two thirds majority, every year. Accordingly, the House of the bill becomes law as if it is signed by the Representatives passed a stop gap arrangement President. Even if he keeps quiet for more than to ensure funds for those departments and the bill ten days after receiving the bill, it is deemed to was sent to the Senate. At that time the President have been approved and becomes law. announced that he would not sign the bill, even if it The present situation is more piquant. The bill is passed by the Senate, as there are no funds providing funds for the departments is passed by provided for building the wall on the Mexican the House of Representatives and held up in the border.It is a bone of contention between the Senate. It is not passed in the Senate to be submitted Democrats and Republicans, the two main parties to the President for his signature. So the President ruling the country. The wall happens to be one of cannot be held directly responsible for the present the main offers made by the President at the time stalemate. He only said that he will not approve of election and he is particular that it must be built the bill as it does not contain provision of $5 billion at any cost. Everybody has a right to have his own required to build the wall on Mexican border. But opinion regarding the need or legitimacy of the wall. the Republican members of Senate do not like to But the question now is that the government is put the President in embarrassment by presenting paralysed and closed partially for want of funds. Is the bill to him which he would not approve and it justified to prevent the flow of funds to certain earn the blame for it. They are trying to get a departments of government unless funds are compromise by providing some funds for the wall. provided for a project envisaged by the President? But the objection of Democrats is on principle that The President of America is an office sui generis. the wall is an aberration and unconstitutional. To
February 2019 THE RADICAL HUMANIST 31 provide for token amounts to satisfy the President closed from 23 December, 2018 and about a million makes no meaning as it amounts approval of the employees are going without salaries on which they wall. In fact when the House of Representatives depend exclusively. Now the President threatens passed the bill in December there was a majority that he is prepared to let the closure continue of Republicans in the House. Even then the indefinitely and also to declare emergency so that Republican members in the Senate did not pass the Congress is suspended and he could do the bill to be presented to the President. whatever he wants. But it is doubtful whether he In January, 2019 Democrats got majority in the has such powers under the constitution. Such House of Representatives and reiterated the passing powers are subject to approval or consent of the of the bill without any funds for the wall. Senate.The very fact that the situation is allowed Republicans are in majority in the Senate and they to come to this stage shows something lacking in are trying again for a compromise to satisfy the the system of democracy prevailing in the United President. He asserted that he would never States of America. After all, it is the primary duty approve funds for the rest of the departments unless of government to see that all the functions of funds are provided in the bill for the wall as he government are being carried out regularly for the demanded. The Senate could have passed the bill benefit of the people. The government or any and submitted it to the President for him to return branch of it does not have a right to hold the country the same with objections. That is the process to ransom, particularly the President who is directly envisaged under the constitution. By not presenting elected by the people. the bill to the President, the Senate obstructed the In all this chaos, murmurs are heard that the constitutional process. But can the President find President can be impeached. But it is highly fault with a bill just because it does not contain impossible to materialise. There may be so many some item of his choice? Does it amount to a instances where the President said and did things legitimate objection for reconsideration of the bill that look incongruous and inconsequent. But they by the House? Any objection that the President could not form basis for impeachment as they do could raise must be in relation to what is contained not constitute “treason, bribery or other high crimes in the bill but not on what is not included in the bill. and misdemeanors.” For any item there could be a separate bill if the The present situation appears to have Congress or President wants. The President can precipitated more because of partisan politics rather always suggest that funds shall be provided for than because of the intransigent President. There any purpose envisaged by him in the form of a has been a shutdown of government 13 times since separate bill. But to refuse consent for a bill as it 1981. But no effort appears to have been made to does not contain provision suggested by him appears prevent recurrence of such a situation. It only childish to say the least. It is like the son refusing to shows a callous attitude on the part of political go to school unless he is given a Buick car. agencies. Closing the functions of government does It is true a long time back they have declared not constitute democracy. Even a dictator does not “The business of America is business.” Now they resort to it.Dictators run the government as they are treating the government as a business like but never close it. Closure of government organization and the country a business asset. Any means some of the services to the people are not business organization closes a loss making line of made available. That is failure of the system, business. They have done the same with the whether you call it democracy or autocracy. It government. About a quarter of the government is exposes some radical defect in the system. It is closed. strange that nobody tries to address the same. About nine cabinet level departments remain 5 January, 2019
32 THE RADICAL HUMANIST February 2019 Report: Seminar held in memory of Justice Rajindar Sachar in Jalandhar ‘Secularism and democracy can be saved only with socialism’ Socialist Party, on the occasion of 95th birthday Dr. Prem Singh of Justice Rajindar Sachar, founder member of on the 1984 Sikh massacre. Justice Sachar issued the party, organized a one-day seminar on 22 a notice to the government to respond to the December 2018, on the topic ‘How to Save questions posed in the petition. But the bench of Constitutional Institutions and Values?’ in hearing of the petition was changed and the High Jalandhar city of Punjab. Citizens from different Court dismissed the petition. The Supreme Court parts of Punjab reached Jalandhar to pay their did the same. Pancholi underlined the serious homage to Justice Sachar on this occasion. crisis to the constitutional values and institutions The seminar was inaugurated by Dr. Prem particularly during the present regime. He Singh, president, Socialist Party. In his inaugural specifically cited the Congress’s 1931 Karachi address, he said that neither the secularism nor convention, saying that the values of freedom the democracy can be saved by sacrificing the struggle contributed to the Constitution of India. value of the socialism which is enshrined in the Those who opposed the struggle of independence, Constitution of India. By adopting the New they are destroying most the constitutional Economic Policies in 1991, the political and institutions and values. He emphasized that the intellectual leadership of the country had dropped constitutional institutions and values can be saved the constitutional value of socialism. With this, by uniting the peoples’ power all over the country. the path of corporate politics was cleared in the Lohian thinker Prof. SS Chhina while country. Constitutional values of secularism and addressing the seminar said that the rapid democracy cannot be saved without correcting privatization of education and health is a direct this blunder. To save the constitutional institutions violation of the constitutional institutions and too, the re-establishment of socialism and send- values. There are 12 private universities in Punjab off of neo-liberalism is a necessity. Because these and out of these 3 are situated in Jalandhar itself. constitutional institutions were not set up to serve Prof. Jagmohan Singh, an exponent/activist of the private sector. Dr. Singh conveyed to the revolutionary socialist ideology, said that the slogan audience that the Socialist Party will organize of socialism was first given by Bhagat Singh and seminars and discussions on the topics of his comrades. He emphasized on the awakening education, constitution and mutual brotherhood of the revolutionary spirit in order to save the in the small towns and cities of the country in the constitutional values and institutions. Several memory of its three late leaders - Bhai Vaidya, citizens/civil society activists from the audiences Rajindar Sachar and Kuldip Nayar. In this series, also took part in the discussion and expressed party’s next program will be held in Indore in the their views on the topic. memory of Bhai Vaidya and in the memory of Balwant Singh Kheda, senior vice president, Kuldip Nayar in Amritsar. Socialist Party, presided over the seminar. Chief guest/speaker at the program, ND Harendra Singh Mansaia, president, Socialist Pancholi, vice president, PUCL, paid tribute to Party, Punjab, welcomed the delegates/guests and Justice Sachar remembering his unwavering general secretary Om Singh Satiyana conducted loyalty to the Constitution. He told that PUCL the proceedings of the seminar. and PUDR filed petition in the Delhi High Court Report by Dr. Hiranya Himakar
February 2019 THE RADICAL HUMANIST 33 God, Heaven, and Evil A Renewed Defense of Atheism Ken Levy After EgyptAir Flight 804 crashed on May theological doubts. But the very fact that these 19, 2016, I asked the same question that many two hypotheses can be applied no matter the others undoubtedly asked as well: How could kind or degree of evil in question should make God let this happen? Of course, this plane crash us suspicious. Quite simply, they prove too is just one relatively small tragedy in the whole much. They commit theists to the incredible scheme of things. When we add in all of the position that God’s existence should not be other tragedies—all the violence, pain, doubted even if the degree of evil in the world suffering, and premature death that occur on far outweighs the good. Atheists are right to this planet—the same question becomes respond to this theistic “spin”: if God exists no correspondingly more difficult to answer. matter how much evil there is, then what good This is the problem of evil, an argument that is He in the first place? Better, it would seem, is typically used in support of atheism. If God to have much less evil and no God than much were omnibenevolent, He would want to more evil and God. minimize such evils as violence, pain, suffering, Believers typically supplement (2) above and premature death; if God were omniscient, with the “free will defense”: God preferred to He would know everything that is happening create a world in which humans have free will in the universe; and if God were omnipotent, and therefore the capacity to perform evil acts He would be able to act on His rather than a world in which they lack free omnibenevolence and omniscience to prevent will. He preferred this world, a world in which most or all evil from occurring. Yet all of this humans are free to do wrong, because it is far evil still occurs. Therefore God—an omniscient, more valuable, both in itself and to humans omnipotent, and omnibenevolent being— themselves, than a world in which they are probably does not exist. If a higher intelligence forced always to be good. Humans who exists at all, it probably lacks at least one of consciously make the choice to follow God’s these three qualities. commands—notably the moral laws embodied Theists, or believers, generally respond to in the believer’s holy text, such as the Ten this argument by proposing two reasons to Commandments—experience and exhibit a believe that God’s existence is perfectly much more profound knowledge of, and love compatible with all of the evil that we observe for, God than humans who follow them out of and experience: either primitive fear or blind compulsion, or 1. Despite His omnipotence, God simply don’t follow them at all. could not have created a world that lacked evil. So on the free will defense, the mere If there is to be good, there must also be evil. existence of God is hardly a guarantee of the The existence of evil makes good possible. non-existence of evil. What is required to wipe 2. Evil contributes to a much greater or out evil is humans freely deciding to turn away higher good. For example, suffering builds from it and toward God. As the Christian moral character or brings victims much closer apologist C.S. Lewis said in his classic 1952 to God or to each other. book Mere Christianity, we live in “enemy- Believers always have at least these fallback occupied territory”: only by freely choosing to answers at their disposal to allay any follow God can we eventually escape it.
34 THE RADICAL HUMANIST February 2019 President Kennedy echoed this sentiment in the people who commit the most evil in the the close of his Inaugural Address on January world—violent criminals—suffer from 20, 1961: “[L]et us go forth to lead the land debilitating mental illnesses such as we love, asking His blessing and His help, but psychopathy, psychoses, and schizophrenia. So knowing that here on earth, God’s work must the free will defense does not even apply to a truly be our own.” large quantity of the very evil that it is designed Does the free will defense work? Not really. to explain. Consider nonhuman animals. While hunting and Third, even if the free will defense factory farming evidence humans’ great succeeded in explaining and justifying all capacity for evil in the form of cruelty—not to human-caused evil, it does not help to explain mention our equally great capacities for denial or justify two other kinds of evil: “natural” and and rationalization—believers still try to “accidental.” Consider animals again, this time reconcile these activities with the existence of wildlife. The very fact that there are carnivores God simply by falling back on the free will means that there are inevitable victims. Lions, defense. On this view, it is preferable that for example, could not have survived and humans gradually phase out violence against evolved over the past 11 million years if there animals on their own than that they had never had not been billions of herbivores for them to been violent toward animals in the first place. stalk, chase, attack, kill, and devour. It would Better a victory earned along with some be one thing if their more gentle victims were, collateral damage than a game never played. like plants and trees, incapable of suffering. But The animals, however, would beg to differ. And most lion prey are higher mammals and are one wonders why an omniscient, omnipotent, therefore not only sentient but also capable of and omnibenevolent deity would not take their both deep emotions and deep relationships. So feelings and preferences into account. Because if God exists, He basically set these innocent they’re just animals? Because animals just creatures up. He subjected billions of feeling, don’t matter? This is an all-too-human thinking beings to the constant terror of being response. Such speciesist partisanship seems chased and killed, the excruciating pain of being grossly unfair and therefore entirely unbefitting shredded by sharp teeth and nails, and the of a supposedly morally perfect being. anguish of losing close companions. The free The free will defense runs into several other will defense fails to justify any of this violence problems as well. First, some philosophers and and suffering—this natural evil—because even neuroscientists have offered compelling higher animals like lions presumably lack free arguments against the very possibility of free will, at least the level of free will that Christian will. According to these skeptics, free will doctrine attributes solely to humans. requires something that is at least physically, Some philosophers have tried to get around if not metaphysically, impossible: full self- this last argument by simply “biting the bullet” determination. Full self-determination is and denying the assumption that animals can impossible because the self (or agent or person suffer in the first place. For example, 17th- or soul or spirit) is or must ultimately be century philosopher René Descartes determined by factors outside its control, some maintained that animals lack souls and are combination of its brain, genes, personality, past therefore nothing more than very sophisticated experience, chance, and the laws of nature. machines which exhibit, but do not actually Second, even if full self-determination is enjoy, consciousness or the attendant capacity physically or metaphysically possible, many of to suffer.
February 2019 THE RADICAL HUMANIST 35 William Lane Craig, a philosopher of religion, and grief. When we combine this (again, does not go quite as far as Descartes, but he obvious) point with believers’ insistence that still goes pretty far. According to Craig, these animals lack souls and therefore cannot animals’ suffering is ultimately inconsequential: get into heaven, we are forced to conclude that [A]nimals like horses, dogs, and cats…do God is a bad—in fact, the baddest—Samaritan, not experience a third level pain awareness, just sitting by and letting billions of His creatures which is the awareness of second order pain, suffer and die for no good reason, at least as that is, the awareness that one is oneself in far as they are concerned. Quite arguably, it pain…. [T]herefore, even though animals are would have been far better for all of these in pain, they aren’t aware of it. They don’t animals never to have lived at all than to have have this third order pain awareness. They are endured all of that misery without any eternal not aware of pain, and therefore they do not reward. Martin Luther King, Jr. said that suffer as human beings do…. [O]nce we “unearned suffering is redemptive.” For humans understand the biology of animals, what we maybe, but not for animals—again, according see is that God in his mercy has spared the to Christian doctrine. This is completely unfair. animal world the experience of suffering such I turn finally to accidental evil—the as human beings exhibit. seemingly senseless hardships that so many Similarly, 18th-century philosopher Immanuel humans (and nonhumans) have suffered and Kant claimed that animals do not possess a continue to suffer through no fault of their own. concept of the future or of death and therefore Examples include poverty, disease, war, tyranny, lack a conscious preference to continue living. mental disorders, physical disorders, serious Such are the lengths that some believers will birth defects, natural disasters, traffic accidents, go to maintain their faith in the face of and plane crashes. In most of these situations, overwhelming natural evil. But they are simply there is not necessarily any free will involved. wrong. As Gary Francione says in his brilliant But if the free will defense is inapplicable, what book Introduction to Animal Rights (2000): else could possibly justify God’s allowing all of [D]eath is the greatest harm for any sentient these evils to afflict so many sentient beings? being and…merely being sentient logically How can God just let all this happen? Where is implies an interest in continued existence and He when we need Him most? Believers some awareness of that interest…. Sentience generally offer this response: is not an end in itself—it is a means to the end 3. Similar to (2) above, while all of this of staying alive. Sentient beings use sensations accidental evil may appear to be unnecessary, of pain and suffering to escape situation that it isn’t. God caused it or let it happen as a means threaten their lives and sensations of pleasure to some higher good. to pursue situations that enhance their lives…. Because (3) is logically possible and beyond Sentience is what evolution has produced in empirical evaluation, atheists cannot disprove order to ensure the survival of certain complex it. But (3) is still highly unpersuasive. organisms. Consider this example. Suppose that I have Francione goes on to offer several more a terrible—many would say irrational—fear of persuasive arguments for the same intuitively flying. Suppose also that I happen to be on an obvious point: animals more intelligent than airplane when it suddenly starts spinning, insects (and possibly insects as well) can indeed wobbling, and dropping from the sky. My very suffer pain, not to mention other negative worst fears are being realized. Five minutes feelings and emotions such as fear, loneliness, later, like EgyptAir Flight 804, it crashes into
36 THE RADICAL HUMANIST February 2019 the sea and kills everybody aboard. great place—presumably a place where its In order for this horrific event to be occupants enjoy a permanent blissful consistent with (3), it must be the case that existence, completely free of (accidental) evil there was a greater good that justifies those and suffering—then why didn’t God make five minutes of terror and premature death for Earth like this in the first place? Why did I me alone, not to mention the terror and first have to go through those five minutes of premature deaths suffered by all of the other terror and premature death? The same passengers. What could this greater good questions apply to all other (undeserving) possibly be? victims of (accidental) evil. The stark contrast Theologians have offered four answers to between Heaven and Earth once again throws this question: God’s perfection into doubt. 4. At least some of us deserved this Perhaps my terror and premature death are terrifying, fatal accident because of our prior what earned me a spot in heaven. Perhaps bad behavior. It was “divine justice.” this “cleansing ritual” was necessary to reverse 5. For those of us who did not deserve this my ultimate destination from hell to heaven. terrifying, fatal accident, we will go to heaven. But even if we concede this entirely And heaven is such a great place that it will speculative—and presumptively harsh—point, more than make up for it. it still fails to address the young children and 6. Many other human beings will be better all other passengers who were much more good off as a result. For example, maybe there was than bad. They were already innocent a future Hitler on board, somebody who would (enough) and therefore heaven-worthy. So have taken over a country and orchestrated their suffering was gratuitous; they could have genocide. Or maybe society will learn the gotten into heaven without it. cause of this accident and help to secure all Second, as bad as the plane crash was for airplanes from the same kind of malfunction. me, an older man, it was many times worse 7. There is some higher good that only God, for the infants and young children, who were not us mere mortals, can understand. Try as deprived of so many more years of earthly we might, we simply cannot know what this life—all of that opportunity for love, enjoyment, higher good is. It is “inscrutable.” achievement, and growth (moral, spiritual, and None of these responses, however, intellectual). constitutes a persuasive theodicy. First, Third, all of this lost opportunity is infinitely response (4) applies only to people who have worse if there is no heaven to begin with, which committed comparable acts against others— is very possibly the case. The heaven that is, terrorizing and killing them. And while hypothesis is just that—a hypothesis. We have there is a very small chance that one or even absolutely no evidence that this hypothesis is two people on my flight had committed these true. We also have good reason to believe that crimes, most of us—certainly the young it is not true: the concept of heaven is virtually children and I—have not. So (4) remains impossible to reconcile with the material inapplicable to most victims on my flight and, universe as we know it. This is why the death— we may safely assume, to most victims of especially premature death, including suicide— accidental evil generally. of loved ones is so painful. Most of us have an Response (5), the “heaven hypothesis,” is instinct—some deep, primal knowledge—that just as weak as (4) for two reasons. First, it death of the body, whether human or conflicts with (1) above. If heaven is such a nonhuman, is the very end; that there is no
February 2019 THE RADICAL HUMANIST 37 consciousness or soul that somehow—in additional information, they could have. conflict with nature as we observe and (7a) is nonsensical, as nonsensical as understand it—lives on afterward in some inscrutable moral principles. Because mysterious, non-physical realm. normative concepts like good and right are Response (6) is even weaker than (4) and human constructs, it is difficult to accept the (5). It privileges other humans over my fellow possibility that they could ever lie beyond passengers and me. Yes, they may—may— human understanding. “Good” has meaning enjoy safer travel because of the information only insofar as we humans give it meaning; so that may—may—be learned from our own “inscrutable good” as defined in (7a) is tragedy. But what about us—the victims? We oxymoronic. If my five minutes of terror and never got to enjoy this benefit; at best, we premature death are justified by a higher good suffered and died for them. God used us to that no human being can possibly understand, make other people’s lives better. Such unfair then there is no meaningful sense in which this exploitation is entirely inconsistent with His so-called higher good is good in the first place. supposed perfection. To suggest, then, that a victim of evil (or Given all of the problems with (4) through her loved ones) should still take a more positive (6), believers are really left only with response attitude toward her plight because God has an (7). The idea behind (7) is that humans’ finite inscrutably good reason for it makes very little intellects cannot possibly understand God’s sense, as little sense as telling an intellectually reasons for causing or allowing accidental evil. disabled person simply to trust that his captors We can speculate, as (4) through (6) do, but are torturing him for reasons that are good but, these speculations will not come even close to given his mental deficiencies, beyond his the reasons that God actually has. All we can capacity to understand. Whether or not he trusts know is that God does indeed have these them, he is significantly worse off than if they reasons and that they are very good, infinitely were not torturing him to begin with. good actually. Response (7b) makes more sense than (7a). The notion of an inscrutable good can mean It certainly cannot be disproven, any more than one of two things: humans are either (7a) the ancient Greeks could have disproven rocket “cognitively closed” or (7b) only science. But it still fails. The only additional “informationally closed” to it. On (7a), information that could possibly help us to cross inscrutable good is “noumenal”; our finite the line from ignorance to understanding how intellects are in principle incapable of my five minutes of terror and premature death comprehending it in just the same way that are actually good is some subsequent state of even the smartest dogs are incapable of affairs in which they are far outweighed by a comprehending calculus. On (7b), inscrutable much more pleasant and enriching experience. good is incomprehensible only relative to the And the shorthand term for this offsetting or information that we currently have; if we redemptive experience is “heaven.” So (7b) received enough new and relevant information, really reduces to, and therefore runs into the the inscrutability would disappear and we would very same problems as, the heaven hypothesis. understand the good that God had in mind. An In the end, we can certainly understand example of (7b) would be rocket science for believers’ motives. Suffering and premature the ancient Greeks. Given all of their scientific death are often so terrible, so disturbing, and knowledge, they could not possibly have so unfair that we need some story to help understood this field. But with certain soften the blow. Unfortunately, the very
38 THE RADICAL HUMANIST February 2019 comforting story that Christians have But rather than despairing about this harsh developed inevitably unravels under close, truth, rather than continuing to dream of some rational scrutiny. It is just too speculative and blissful redemption in the afterlife, we should implausible. It requires us to posit some do everything within our power to approximate fictitious, invisible compensation for all of the that blessed state in this life, in the here and evil that we observe, to treat it all as somehow now. To the extent that evil—human, natural, a blessing in disguise. This kind of conversion and accidental—impels us toward this noble, of evil into its very opposite is a species of life-affirming goal, it may not be justified, but magical thinking and denial. And denial is not it is at least partially excused. only irrational and insulting to victims; it also About the Author : Dr. Ken Levy is the encourages complacency and fatalism. Holt B. Harrison Professor of Law at LSU Instead, we should be willing to acknowledge Law School in Baton Rouge, LA. He received evil for what it is, or at least for what it appears his J.D. from Columbia Law School (2002) to be. We should take it at face value. With and Ph.D. in Philosophy from Rutgers this much more hard-nosed, realistic attitude, (1999). His principal areas of expertise are we will feel much more deeply for its victims constitutional interpretation, criminal law, and act much more vigorously both to learn criminal psychology, criminal theory, from it and to minimize its future occurrence. ethics, and metaphysics. He is currently There is no heaven. The heaven hypothesis finishing up a book, Free Will, is too fantastic, in both senses of the word. Responsibility, and Crime. Reader’s Comments Dear Sir,
Shree K. Pratap Reddy’s essay on “Independent Judiciary – Concept and Practice” published in “The Radical Humanist” in its volume 82 Number 9 for the month of December, 2018 is a commendable essay as it in a very short compass has dealt with the issue with reference to relevant provisions of the Constitution. I fully agree with Shree Reddy that independence of judiciary very much depends on the character and commitments of the people who are to be selected to run the administration of judiciary and dispensation of justice i.e., the judges. With due respect to Shree Reddy I beg to enter a small caveat in the context of Shree Reddy’s submission made in paragraphs 36 to 39 of the essay in regard to Articles 124 (7) and 220 of our Constitution. Shree Reddy seems to wonder why the said provisions still remain unchallenged by the retired judges of the Supreme Court and High Courts in spite of the fact that neither of the said Articles begins with a non-obstante clause. Article 124(7) provides that no retired judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India. Article 220 similarly provides that no judge of a high court shall plead or act in any court or before any authority in India except the Supreme Court and other high courts. It is true that neither of the Articles has any non-obstante clause e.g. “notwithstanding any provision in the Constitution”. Shree Reddy’s submission appears to be that Article 19(1)(g) of the Constitution could therefore be a good ground for the challenging Article 124(7) and 220 being against Article 19(1)(g) which guarantees fundamental right to
February 2019 THE RADICAL HUMANIST 39 practice any profession or to carry on any occupation, trade or business. I am of the view that no fundamental right guaranteed under Chapter III of the Constitution is absolute. All fundamental rights are subject to reasonable restrictions. So also the fundamental right under Article 19(1)(g). May I draw the attention of the readers to Article 19(6) in the context which reads as follows: “Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub- clause, and, in particular, [nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise”] My further submission is that the issue is no longer debatable or res-integra in view of several judgements of the Supreme Court including the judgements reported in (2012) 6 Supreme Court cases 502 (Brij Mohan Lal vs Union of India) and in (2012) 4 SCC 653 (N.K. Bajpai vs Union of India) in spite of the fact that neither of these judgements deal with Article 124(7) and/or Article 220. The Constitution has conferred a right under Article 19(1)(g) and the same Constitution itself has also restricted enforcement of that right. It is trite that our Constitution is the mother of all other laws in the country. It is therefore no wonder why the retired judges of the Supreme Court or High Courts have not challenged those two Articles on the ground submitted by Shree Reddy or on any other ground as such a challenge would have embarrassed them. I am rather apologetic in entering my caveat. My endeavour in this letter is to see that the learned readers of “The Radical Humanist” have a fair understanding of the issue as far as possible. We the readers of the great journal are grateful to Shree Reddy for drawing our focus on the subject so neatly.
Yours sincerely, Bimal Kumar Chatterjee Senior Advocate, Kolkata High Court, Former Advocate General of West Bengal & Former Chairman, Bar Council of West Bengal 19th December, 2018 Correction The 43 page picture in the January 2019 issue was that of Mrs. Dorothy North (and not Mrs. Barbara) w/o Professor Robert C. North who wrote the book on Roy’s Role in China. The photo was taken in Stanford University faculty club. Professor North is no more. The error is regretted. - Editor
40 THE RADICAL HUMANIST February 2019 Correspondence between Allen Roy and Warren Allen Smith Dr. Narisetti Innaiah It was rare and surprise news that there was from religious point of view. The book was correspondence between Allen Roy and received well. Humanist Warren Allen Smith (1921-2017). In I had the great opportunity to spend time with a meeting Mr Warren exhibited the letter of Allen Mr Warren and discuss several things. Our Roy. That was welcome surprise to us. friendship grew and we corresponded through This happened internet. He also maintained a studio of art and during 1992 in website. New York. Mr As a humanist Mr Warren worked Warren lived in 10 relentlessly. Jane Street, It is curious to know that Mr Warren lived Village, New and died as unmarried humanist. York. At that time He lived long life of 97 years and died during Mr Warren lived 2017. in a single room Mr Tim Madigan, now professor of and often philosophy in Rochestor University is a close conducted small friend of Mr Warren. They corresponded and Warren Allen Smith meetings on roof worked together. Mr Warren also worked with top. In one such Prof Paul Kurtz. meeting, myself, my wife Komala, and Mr Another welcome fact is that Mr Warren Aramalla Purnachandra (humanist) attended. came to the rescue of Taslima Nasrin, when During his speech Mr Warren exhibited the she was harassed by extremist Muslims. In letter from Allen Roy and surprised us. fact he gave shelter to her which is admirable Mr Warren Allen was famous humanist in deed. USA .He was the author and When atheists conducted compiler of ‘Who’s Who in public rally and meeting in mall Hell’. That is a monumental of Washington DC I work in which I also participated in it along with contributed a big article about Warren. He was one of the humanists, rationalists, signatories of Humanist atheists in India. (This Manifesto in 1933. historical book is available Warren was an art lover and with amazon.com). Mr for several years managed art Warren carefully gathered studio in New York. He was and compiled the names of close friend of several eminent persons who lived in hell. He personalities like Isaac Asimov. meant that the people with I am happy to be able to humanist, agnostic, spend time with him on several rationalistic, atheistic occasions and corresponded background are all sinners regularly.
February 2019 THE RADICAL HUMANIST 41 Readers of Hetuvadi Telugu Monthly Magazine Conference Hetuvadi, a Telugu rationalist Humanist Meduri Satyanarayana spoke on,” physical Telugu monthly magazine was established by realism and Rationalism” Ravipudi Venkatadri as owner and editor in Sreenipattathanam, vice chairman, September 1982. The aim of magazine is to Rationalist Association of India spoke on “The propagate rationalist and humanist aims and entry of women into sabarimala Temple”. views. It has been published for the last 37 years Kurra Hanumantha Rao, President of continuously. Rationalist Association of India spoke on The Readers of Hetuvadi magazine met in a “Rationalism and Humanism” conference held on 18th November 2018 in Kurra Hanumantha Rao Released the book Radical Humanist centre, Inkollu from 10 AM to 6 PM on the occasion of publishing a special issue numbering 400 issue. Over 30 readers expressed their views on the publication of Hetuvadi. The special issue of Hetuvadi was released by Ravipudi Venkatadri and appealed the readers “Narahanthakulu” (The Murderers of to contribute for the easy running of the Humans by Dr. N. Innaiah). magazine. Kari Haribabu, general secretary of Radical On this occasion rationalist humanist study Humanist centre, Inkollu, Shaik Daryavali classes were held general secretary of A.P Rationalist Association, Meduri Satyanarayana, Managing editor of Kaki Rajasekar, general secretary of Hetuvadi spoke on the “Necessity of the Prakasam District Rationalist Association, K. publication of Hetuvadi Telugu magazine. Sreenivasa chari, from Telangana Rationalist ‘Aadisankaracharya – the man and his Association, Adiala Sankar, President, achievements’ written by Ravipudi Telangana Rationalist Association, Jitta Venkatadri was released by Meduri Venkatesham general secretary, Telangana Satyanarayana Rationalist Association, Simhadri Yellamanda Dr. Gumma Veeranna, president of A.P. Reddy, Sathi Raju, Rachapalem Raghu, B. Rationalist Association and Shaik Babu, Hussaini, Rambabu, Latif, Arun kumar, Treasurer, Rationalist Association of India spoke Kannaiah and other, participated on” Religious Fundamentalism and Report by Dr. Gumma Veeranna, Rationalism”. President, AP Rationalist Association.
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