Tuesday, January 27, 2009

Of 60 years of being a Republic...

I was asked if I needed a lesson in Civics when I ruminated whether we were really a Republic in the 60 years of our being one. Here then is my answer to that question. Choose for yourself, the appropriate answer.

Right to equality
Equality before law: All citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate against a citizen on the basis of caste, creed, colour, sex, religion or place of birth.
And a rich man with the right connections roams scott free while a poor – probably innocent - man who does not have a Jethmalani at his beck and running call squirms in jail.
Social equality and equal access to public areas: No person shall be discriminated on the basis of caste, colour, language, etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples, etc.
And a girl is not allowed into temples and kitchens on the days she is “ashudh” never mind the fact that if she wasn’t – she’d be considered immoral and pelted to death or ostracized and labeled “loose”
Equality in matters of public employment: The State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs.
And a woman is expected to either go via the casting couch – no matter what the industry – or offered a clerical job before she proves her intellect as stronger than the man she types out letters for. There are enough and more Kiran Bedis out there who are passed over because of their gender…
Abolition of untouchability: Practice of untouchability is an offense and anyone doing so is punishable by law.
Ha! And then there are the widowed who are thrown out of house, home, village and town. Not allowed to drink water from the same wells, not allowed inside temples, these are women not even allowed the basic civic decency of living in good homes. Their front doors open up into a garbage heap! Don’t believe me – travel to Banaras and see for yourself.
Abolition of Titles: Citizens of India cannot accept titles from a foreign State.
This one, thankfully seems to be the only one in Equality that we seem to be doing alright in!
Right to freedom
Freedom of speech and expression, which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality.
...And we have men and women in various states roughed up because they were “caught” drinking and hanging out with people of the opposite sex! Decency is now being defined by people who don’t know it is indecent, nay, barbaric, to assault a woman. And we have uproar in the corridors of places that be because some of the upholders of law and State are caught on tape accepting “favors”.
Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.
...And we have lathi charges, water canons and tear gas unleashed at people who demand for peace.
Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.
Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics.
And we have the likes of Raj Thackerey who demands all non-marathas to get out of Maharashtra! Beware. He’s not the only one. There are many Thackerays, Purohits, et al out there...
Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes
See above!
Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public.
Read above, think Bar Girls.
The constitution also guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:
No one can be awarded punishment which is more than what the law of the land prescribes at that time.
...And we have mob mentality where an engineer is killed, a policeman removes his belt and thrashes a youngster to death....i could go on, but need space for the other rights as well...
No citizen can be denied his life and liberty except by law. This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die, and hence, suicide or an attempt thereof, is an offence.
...Say that again? I have a right to live, but not a right to die? Never mind that it’s my life and freedom of expression goes bang against this one!
Right to primary education part of the right to freedom, stating that the State would provide free and compulsory education to children from six to fourteen years of age.
...And we have children begging on the streets, in pouring rain, in biting cold or scorching heat. We have little girls denied school because who’s going to have the food ready when the hard-working men come home?
No one can be arrested without being told the grounds for his arrest.
Can’t comment on this one, so won’t.
Right against exploitation
Child labor and Begar is prohibited under Right against exploitation.
The right against exploitation provides for two provisions, namely the abolition of trafficking in human beings and Begar (forced labor), and abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.

...And daily, newspapers report trafficking for prostitution – young or old, male or female, hell even eunuchs – on a mass scale. Read AIDS Sutra and you’ll find enough stories corroborating this fact, if you choose to not believe newspapers.
Right to freedom of religion
Right to freedom of religion provides religious freedom to all citizens of India. The objective of this right is to sustain the principle of secularism in India.
...And we have a Purohit who plans to promote a Hindu Shastra with Parsi (Tatas) money!
Cultural and educational rights
Any community which has a language and a script of its own has the right to conserve and develop them.
...never mind other languages being rejected for their own.
Right to constitutional remedies

Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights.
...And then there is an Indian HIV +ve citizen is not allowed to move court and finds himself unable to secure a legal counsel!

Let me now come to the Fundamental Duties

The Fundamental Duties scripted in the Constitution of India are different from the Fundamental rights. This is because Fundamental Rights are considered as the basic rights to be enjoyed by the citizens of the nation while the Duties are conferred upon people to be followed by them accordingly. The Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution are as follows:

· To respect and incorporate the ideals which were the very base of our national struggle for freedom
…and till before Munnabhai we were a generation blaming any and every Gandhi for all our woes, topping the list - our Father of Nation!

· To follow the Constitution and respect its institutions, the National Flag and the National Anthem
…And children today do not know what our basic rights are. A wise radio jockey questioning a caller yesterday said Right to Life was NOT a right!

· To spread the message of peace and brotherhood amongst all the Indian citizens irrespective of linguistic, religious and regional or sectional diversities
…And every time I go to a certain part of the nation, I am called “you Punjabis”

· To discontinue practices pertaining to the impairment of the dignity of women
…ah! I shall say no more…Written enough above to be labeled “Feminist”, therefore shall resist
· To protect and promote the sovereignty, unity and integrity of India
….But we’re Maharashtrians and Punjabi’s and Tamilians and Kannadigas……We’re not Indians….

· To protect public property and to avoid violence
…I wish the images of burning buses leave me, but no, they stay, they haunt…

· To respect and preserve the rich heritage of Indian culture
…But how will Ratna’s love for Divakar be known if it is not carved out on the walls of Ajanta?

· To contribute towards making improvements in all spheres of individual and collective functions to take the nation to new heights of achievement
"…But the facilities, the infrastructure, the lifestyle in the United States/Europe/Australia are better….So I will go there to bring my hard labor of studying till class 12 to fruition!"

· To develop the spirit of inquiry and reform, a scientific temper and sense of humanism
Ya!Especially for the 'sense of humanism' bit

· To provide defense and national service when called upon to the country during hours of crisis
At this moment, I can proudly say we have brave men out there…The Kangs and the Unni’s, the Salaskars and the Karkares of India! With all my heart – the non-cynical part of it at least –I salute you.

· To preserve the natural environment of India like the forests, lakes, rivers and wild life and to have a compassionate outlook towards the living creatures
…Tehri dam, Narmada dam, new constructions, reclamation land….need I say more…

Therefore my dear friends, my question on are we really a republic. I question. Choose your own answer…

4 Comments:

Blogger Unknown said...

I read your blog with great interest..and let me commend you on identifying almost all the relevant rights and duties in the constitution. Very thorough indeed.Equally commendable are the very apt reality checks of those rights / duties in present times.

But let me add a dose of Civics after all....

" A Republic is a country where the head of the state is an elected representative". Period.

This is the only definition of republic. And India qualifies on this count. As does say US, China, France, etc. But UK, Australia, Jordan, etc do not qualify.

With regards to the points raised in your blog --- they do not question our status of being a republic. But they certainly question several things. Like :

1. Is our constitution representative enough? Is it broad based enough?
2. Have we lived upto to the ideals of the constitution?
3. Do our constitutional machineries deliver?
4. Have we realized the ideals set forth in the constitution.
5. We attained political freedom in 1947. But have we yet (as in 2009) attained economic, social and gender freedom?

And indeed several such questions. But not whether we are republic or not. Because that is settled.

Regards,
Akhilesh

8:59 PM  
Blogger ShaluBhuchar said...

Sorry...the 'period' came to soon. Here...let me offer a slightly detailed definition of the word.

n.

- A political order whose head of state is not a monarch and in modern times is usually a president.
- A nation that has such a political order.
- A political order in which the supreme power lies in a body of citizens who are entitled to vote for officers and representatives responsible to them.
- A nation that has such a political order.

- often Republic A specific republican government of a nation: the Fourth Republic of France.
An autonomous or partially autonomous political and territorial unit belonging to a sovereign federation.
- A group of people working as equals in the same sphere or field: the republic of letters.

But of course we live by defined definitions.

As I was growing up, I was taught to go beyond dictionary definitions...that to be a republic didn't just mean being led into wherever by a leader we chose. It meant a place where people upheld the consitution...which is where the rights and duties are defined, by the way. It meant a place where we all had a right to breathe freely - as opposed to a dictatorship. I was taught a republic was a place where people lived by the consititution for it was Of the people, For the people and...importantly, i think...BY THE PEOPLE. Now, refer definitions again.

Hence the question.

Perhaps we belong to different schools - of thought, of generation, of beliefs....

1:38 PM  
Blogger Unknown said...

As I had promised, let me respond to your well brought out arguments by posing a hypothetical situation:

Presume that in June 2009, just after the general elections are over, I pass over a hard copy of this particular piece your blog to L.K. Advani (hopefully the next PM)with a request that her concerns be addressed. Presume that he also listens to me and therefore promptly sets up a new constitution review committee to fully address all relevant issues.

Its mandate - to ameliorate your specific concerns like gender rights, equality in law, etc. But more importantly, to address your general concern about India being a republic in all the terms raised by you. And find means by which we can really become a republic, if we are not already one.

Since the committee is staffed by brilliant people, they immediately get down to work. The modality they choose - they will first address the specific issues and then in the end come to the republic situation.

Within a short span of time, the committee comes up with solutions to all your specific concerns.
Like -
(A) A girl not allowed in temples when she is "asudh" - The new constitution would decree that every temple must have two chief priests, one of which should be a pre-menopausal female.
(B) Females having to endure casting couch / clerical assignments - The new decree would be that for positions where females are being hired, the hiring panel will necessarily be all female and as a general rule, at any given time, all companies must have 50 % ratio of male / female.

And so they, to the best of their ability rectify all specific issues.

Finally they come to the general concern of India being a republic or not. And despite the assemblage of such brilliance in the committee, they are clueless on this one. Because India already elects its head of state. They do not know what to do next, so as further consolidate the re-publicness.

Desperate, they contact me, as a fried of yours, to pool in your suggestions.

The question they posed: What mechanism to change / alter, so that we become a republic, by all possible stretched definitions of the word.

Any ideas ?

3:15 AM  
Blogger ShaluBhuchar said...

Yes.

But firstly - i hope not that Advani is the next Prime Minister. The world is going in pursuit of younger leaders. The only place 70 yr old leaders can lead us to is the hospital!

Secondly...I wish, I pray, I plead to the All Powerful - and no, here I do not mean dear old God - we had Brilliant People walking the Corridoors of Power.

And lastly....not an idea, but an answer...including all the ones you missed adressing. Eradicate any of those and we will - stretched definition or not....become a republic.

And if we go by your constricted, bookish definition of a republic, then there's just two things that needs to be done...
1. Educate EVERY single person in the country
2. Make the system transparent

All that's missing...ALL that's missing will fall back into place.

That's when I will truly, proudly be able to call my country - one that i'm mighty proud of in totality - a Republic.

9:14 PM  

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