Who is Hindu?…….Decoded by Dr.Shashi Tharoor

The Complete article can be read at NDTV Blog.The article is written by Member of Parliament Dr.Shashi Tharoor.

http://www.ndtv.com/opinion/on-my-twitter-dispute-with-anupam-kher-1272216?pfrom=home-lateststories.

I am reproducing the same words(Certain Section of the blog) and I believe these words are immortal for any proud Hindu.

 

“I am proud of my Hinduism, not merely because I was born into it, but because of its intellectual “fit”: I am more comfortable with the belief structures of Hinduism than I would be with those of the other faiths of which I know. Hinduism is, in many ways, predicated on the idea that the eternal wisdom of the ages about divinity cannot be confined to a single catechism. As a Hindu, I can claim adherence to a religion without an established church or priestly papacy, a religion whose rituals and customs I am free to reject, a religion that does not oblige me to demonstrate my faith by any visible sign, by subsuming my identity in any collectivity, not even by a specific day or time or frequency of worship. (There is no Hindu Pope, no Hindu Vatican, no Hindu catechism, not even a Hindu Sunday.) As a Hindu, I subscribe to a creed that is free of the restrictive dogmas of holy writ — that refuses to be shackled to the limitations of a single holy book.

Above all, as a Hindu I belong to the only major religion in the world that does not claim to be the only true religion. I find it immensely congenial to be able to face my fellow human beings of other faiths without being burdened by the conviction that I am embarked upon a “true path” that they have missed.  Hinduism asserts that all ways of belief are equally valid, and Hindus readily venerate the saints and the sacred objects of other faiths. I am proud that I can honour the sanctity of other religions without feeling I am betraying my own.”

 

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The way ahead? ….Motivation

Failure ,hoplessness and harshness are the part of life and after sometime it gradually opens the door for success .Everyone agrees  but only in peace time…means  a person in normal time who believes that failure is part of success but when it comes to self…a person feels start disheartening and doesn’t accept the very notion that failure is part of life rather he ask why me? why me again?

actually this  is phenomenon which fears everyone….so one must remember that failure is inherent part of everyone life…but to overcome failure or to get up from failure depends …..one can accept it…and move on…or one can stick to it….and feel the pain and agony….

Nevertheless the story of majestic Eagle Story of Rebirth  seems to give…. a road ahead..

 https://www.youtube.com/watch?v=H4P8bj1c8Bg

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http://www.snopes.com/critters/wild/eaglerebirth.asp

but the story is totally a hoax…..No one can teach you a ..how to get up from failures? how to avoid the pain? how to rehaul?…it is only…you …you have to decide your own….you are the creator of your destiny…you have to find out the ways and solutions…which is only unique to you….The Solution of problem lies in the problem itself….keep a relax…flow out of the emotions and start gearing up for new assignment…..This is a life… no one is free from Natural Law that speaks…if there is day there will be night…if there is sunshine there will be rain..if there is joy there will be misery……..so start adopting new ways (unique to you…fit for you only) to address the issues and challenges…

That’s a true way….Road Ahead!..Never Give Up!

Rehaul…Reinvent and Change the Process…give a new lease of life..as rightly remarked by Iqbal…

en_mitaa-de-apnii-hastii-ko-agar-kuchh-martaba-chaahe-unknown-couplets

 

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Photos that are Crying for Humanity……..

World is Cruel…Humanity is no where…..Survival of fittest? Why should not I lose My faith in Humanity?Why should not I scream? ….

There are some pictures which have sparked the outrage from around the world 
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Year-2015 

Place–   Syria ,Found dead nearby turkish coast.

Description– Amid Syrian unrest and refugee crisis to europe ,3 year-old Aylan Kurdi, one of 12 Syrians who drowned when their boats sank trying to reach Greece.

Photographer:Nilufer Demir

Syria-child2

Year– March 2015 

Place– Syrian refugee camp

Description-Little girl so scarred by war that she stared into a camera lens believing it was weapon and raised her arms in surrender

Photographer-Osman sargili

kaseasbeh-4

Year-Feb 2015 

Place– ISIS controlled Iraqi region

Description-Jordanian Pilot Kaseasbeh Burned Alive by Islamic State.

Photographer-snippet from video released by ISIS

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Year– March 1993 

Place– Sudan

Description-A  hooded vulture waits  for the malnourished little girl to die.

Photographer:Kevin Carter committed suicide three months after winning the Pulitzer Prize for this Picture.

bhopal-1

Year– Dec 1984 

Place– Bhopal,India

Description-unknown  buried child has become the icon of the world’s worst industrial disaster, Bhopal gas tragedy. No one knows his parents, and no one has ever come forward to ‘claim’ this photograph.”

Photographer:Pablo Bartholomew’s took the color picture, Raghu Rai took the black and white

Pictures are lifted from the Internet.The info. and stories related to these pictures are widely available on Internet. 

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RIP Aruna Shanbaug …..Euthanasia debate reignited

Aruna Ramachandra Shanbaug was brutally assaulted by a sweeper ward boy in King Edward Memorial hospital where she worked. She was in permanent vegetative state since 1973. Aruna was looked after by the  KEM hospital staff nurses. After 42 years, she died in coma.

Euthanasia is nothing but an act of ending a  patient’s life on his or her request or by the Next Friend depending on the circumstances. Next Friend could be  parents, spouse, relatives or may be close friend or care taker. In layman terms, Euthanasia is mercy killing or on legal note right to die but sharply different from the Suicide

Supreme Court Bench Justice Katju and Mishra in 2011 allowed the Passive Euthanasia on petition of Pinki Virani who penned the  “Aruna’s Story” about her life after the accident. Pinki Virani demanded Active euthanasia but that was turned down in favor of Passive Euthanasia. Finally on the request of KEM hospital Staff Nurses, Court didn’t allow the Passive Euthanasia for the Aruna Shanbaug.

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A file photo of Nurses at the KEM Hospital having background poster of Aruna Shanbaug who died on May 18, 2015.(Photo: Abhijit Bhatlekar/Mint)

Aruna’s death has reignited the debate over Euthanasia. So why  Should not the death of Aruna be turning point in framing the Active legislation about euthanasia?

Is  the Right to die is natural right ?Life is so sacrosanct, so is it right to end one’s life unnaturally?

Supreme Court  of India has laid down the well-defined guidelines required to be followed for Consideration of Euthanasia Plea.

Legal guardian or Next friend can decide  wthether to adopt Passive euthanasia for the patient. It Must be approved by High Court . Then ,Court shall constitute a bench of 2 judges and Nominate the  Panel of 3 doctors. Court shall take the final decision based on Panel’s Report.

Pro-euthanasia arguments are based on principles of practical life.

One has the right to life, thereby, has the right to die. Since,  it is personal matter and, one has a right to choose in his or her interest, Euthanasia is ethical. It also limits the scarce health resources. It provides a pathway to a person to free oneself from the life suffering and intense pain.

On the other hand, Anti Euthanasia arguments are majorly driven by theologian view.

Majority of religions is against Euthanasia. There is no unanimous view on Hinduism. Most believe that it is an act  against the nature, but some believe ending someone’s life, full of suffering, is a good deed. However in Ancient text  there is a mention of word Prayopavesa, or fasting to death, which is an  acceptable way for Hindus to end their life in certain circumstances.

Buddhism  Ahimsa based Principles are  against the mercy killing because they believe Life is So  sacrosanct that no body can take away the life of his own or other. Most Christians are also  against it and say that taking someone’s life is interference with natural Law. Muslim are clearly against the Euthanasia and implicitly mentioned in  quranic verses. Jains who are  generally against any type of Jeev Hatya gave consent to passive euthanasia under certain circumstances. However Jainism Propagates the idea of Sallekhana(Fast unto death).

I think despite the fact that life is sacred,one should consider the pain and suffering of an individual. Word “Life” in Article 21 of the constitution doesn’t  merely imply a survival rather living a life of dignity, and implicitly mentions that depriving a person of his life must be adhered with  Strong valid reason. Euthanasia should be allowed only under the special circumstances as advocated by the Apex court. In my opinion, unbearable Suffering  both emotionally and  physically isn’t a Right  way of living.

                         “To Live with Dignity,To Die with Dignity”

 

 

 

 

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Adhyadesh..Promulgating the ordinance -Fact File

 

Fact File..Ordinance

Ordinance is Special Authorotative Order to enact law & Procedure in extraordinary circumstances 

-Our Constitution explicitly mentions that when Houses are not in session and circumstances exist that demand urgent action, the President (123) and the Governor (213) can promulgate ordinances but this will lapse within 6 weeks of reassembly. This is a provision for emergencies, has its roots in Government of India Act, 1935, and is the prerogative of the ruling party.

-In RC Cooper vs. Union of India(1970) the Supreme Court while examining the constitutionality of the Banking Companies Ordinance, 1969 which sought to nationalise 14 of India’s largest commercial banks, held that the President’s decision can be challenged on the grounds that ‘immediate action’ was not required and the ordinance was passed primarily to by-pass the debate and discussion in legislature.

-Security Ordinance, 1980, which sought to provide for preventive detention in certain cases, the Court argued that the President’s Ordinance making power is not beyond the scope of judicial review.

-Clause (4) was added to both Articles 123 and 213 that the satisfaction of the President and governor respectively shall be final and shall not be questioned in any court on any ground. But it was omitted by the 44th Amendment Act, 1978, Section 16 with effect from June 20, 1979.

-In A.K. Roy vs Union of India, the Supreme Court was asked to decide on the justiciability of the President’s satisfaction in the light of the 44th Amendment Act, the court held that “it is arguable that the 44th Constitution Amendment Act leaves no doubt that judicial review is not totally excluded in regard to the question relating to the President’s satisfaction”, but it declined to pronounce on the issue as the ordinance (challenged in the case) had been substituted by an act of Parliament by then.

-The President as well as the Governors are bound to act on advice of Council of Ministers who are blissfully aware that outraging the sanctity of the Constitution is not a punishable offence.

-Since it is promulgated when the legislature is not in session to meet extraordinary situations, it has to be replaced by an act within six weeks after the commencement of a session. The maximum life of an ordinance can be seven months and 12 days. However, Prof. D.C. Wadhwa, who worked on agrarian reforms in Bihar, discovered that some ordinances were kept in force for as long as 14 years by re-promulgation. He challenged it in the Supreme Court terming it as a fraud on the Constitution. The court accepted his contention. The recent government has promulgated nine ordinances in its eight months which has come under severe criticism for bypassing legislative scrutiny, making it an ordinance every 24th day.

-Since the beginning of the first Lok Sabha in 1952, 637 Ordinances have been promulgated.

-25 Ordinances have been promulgated during the term of the 15th Lok Sabha(2014-continue) so far.

-Indira Gandhi  in her tenure  of 5th Loksabha Promulgated 99 ordinances which is highest in any term

Sources:-PRS,The Hindu

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Disparity in Sympathy….Paris Attack vs Nigerian Massacre

While the world was busy condemning the Paris Terror attack, Poor Nigerians were Facing  One of the Deadliest Terror  attack in the history.Thousands of Bodies ..whole Village Burnt……Acc. to Amnesty International ,Nigerian Massacre where 2000 people were killed is one of the Deadliest in History.

Despite this ,the World paid attention to only one type of Terrorism, that faced by Society of Elites and Affluent,not by the  Poor and Marginalised.Why did the  world Ignore the Nigerian Massacre?what makes one incident more newsworthy than the other?

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Paris Attack                                                                              Baga Massacre

I haven’t Witnessed any special Coverage of the Nigerian Massacre  like the Paris Attack by the International Media . Are the lives of Nigerians Killed in the Extremist attack not worthy enough for the attention of the International community.Why is there Disparity in sympathy?

Regarding the Coverage ,Some Liberals insist that the reporters didn’t have the reach to the remote area of Nigeria where the incident happened and at the same time highlighted the security risk to the media?is that so ?so why was it not so in the case of Iraq, where Several Journalists were beheaded by ISIS.

Baga the north-eastern town of Nigeria is Equally Important as Paris.Lives of Paris Victims are as precious as those of Baga Victims. World need to be rational, must look at the Nigerian Massacre with same seriousness and must act to eradicate  extremism from the whole world.

The passionate solidarity march and angry editorials are missing in the case of Nigerian Massacre,except for some concerned people’s  tweets  with #bokoharam

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I am not saying that we should demean the paris attacks seriousness ,just on account of having less victimization but requesting the world to pay attention towards African Genocide. Forget rest of the world, even African International Community and Journalism is equally Responsible for Not Highlighting their Own Problems and issues.

So one thing we can say is that, the French Community is United ,works on principle of  “aggression against one will  be perceived as aggression against all “and that is missing in the case of African Community. Since Nigeria was a colony of Britain, Britain should help Nigeria in combating extremism.Though the largest democracy of the world, India Condemned the Paris Attack,but it ignored Nigerian massacre.None of Govt.officials spoke about the horrible act. This reluctancy and Silence of the world gives  us only one message:

                      “No body wants to look deep into the eye of Poor and Downtrodden”

How Horrible the massacre was?…..This time I will not leave you by asking a question,but by leaving you with a picture

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 PS:Any suggestion or clarification are most welcome.Please mark your valuable inputs in Comment Box.

 

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Abrogating Article 370 …….Is It Solution to Kashmir Problem?

Will take up arms if you remove the A 370….
Removing Article  370 will Push away Kashmir From India ………..

These are some recent examples of  deep chauvinism….towards Article 370 .

Very Interestingly the first Statement is of representative of BJP,the party which came into Power with So called Article 370 Debate Agenda.Yes we are talking about Hinna butt who is BJP Candidate in Upcoming Jammu &Kashmir assembly Elections.

Next Comment is of Current Chief Minister Omar Abdullah,who is  an avid Fan of Article 370.

In the 2014 General election BJP resurfaced the issue of article 370 Debate,but now they are in  a dilemma whether need to stand on that commitment or avoid this commitment for Mission 44(target of getting 44 seats in assembly election). BJP has floated the trial balloon of abolishing the A 370.

Let’s move out from this Political Stage…..

why A 370 is so Sensitive Issue and why Indian Polity is reluctant towards it?

why the issue of Kashmir causes massive stir and still a Political tinder box?

Generally it is  believed that by abolishing A 370,  Kashmir will become indispensable state from the Union of India. People in ardent Patriotism and Chauvinism further says to the  extent that Kashmir has been integral Part of India and it has a history with India. Yes ,it is true historically it has been associated with India but is not the same with  Pakistan too.

Kashmir was never Part of India(since there was no politically defined India)  and even after Independence Kashmir was Independent state. It was the Raja Hari singh who forced to sign the Instrument of accession with India after the Pak Proxy war and Tribal Attack. So on Legal Note Jammu and Kashmir are Integral Part of India possible only through A 370.

but the Kashmir issue has been in dispute and even no. of local residents defy the India Rule.This is really shocking so-called world biggest democracy is not able to solve this issue from last Fifty Years and unable to get the trust of Kashmiri Locals.

Whatever is the reason whether the indifferent attitude of Kashmiri towards India or Pakistan Support for  Separatist policy’s of Kahmiri Political Groups?Pak and Separatist groups demanded the Independence on the basis of the  Plebiscite. So why so called Democratic Country does not provide the Way of Plebiscite.

Now ,I would like to get into the debate……….and respond the argument……..with some Points…India Conducts Election which is believed to be free and Fair similar to other parts of India and it has been Verified by UN observer Group.

Some kashmiri pundits also say that they left their places in  late 80’s and early 90’s from the Kashmir due to extreme religion specific Terrorism.

And last not the least India doesn’t have a Policy of Referendum or Plebiscite unlike Switzerland, where  a referendum is regular Process.

 Those who are  vocal supporters of abrogating the A 370 actually didn’t know what they are demanding? Yes, they are demanding a safe passage for Kashmir to get separation from the Union of India.

Nobody wants to get into the detail what actually A 370 Says.

Let’s look into the picture……

What is A 370?

A 370 is Provision provided in Constitution for granting Special Autonomous Status to J&K except Defense, Finance, Communication , External Affairs Issues and Issues mention in the Instrument of accession.

Originally it was proclaimed by Hari singh in march 1948 but the became operative in Nov 17, 1952.Under the Ambit of this,J&K Constitution came into Force on 17 Nov.,1956

“Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions”

It is clearly mentioned in the  Constitution as “Temporary Provision”.So those who are Lobbying for Abolishing A 370 to Unify One India, One Law has Strong Point in favor of it.

 What is Current status?

Till 1965,J&K had Prime minister instead of Chief minister and Sadr-e-riyasat instead of Governor.but Now lot has been Changed in Original Status due to different presidential Orders in Last 50 years. Lot of provision of the Constitution which are applicable to States of India is not Applicable to J&K.It has separate Constitutional Features in his specific Legal Administrative Document.

Except Finance ,External affairs ,communication & Defence Issues ,Center Govt. need to get nod from the State Assembly.Financial Emergency (A 360) Can’t be imposed on J&K.The Center can impose a national emergency( A 352) in the state only in case of War or External Aggression.

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What is History ?

Jammu Kashmir Annexation was actually a Clever and Practical Legal Strategy of India to Assimilate it into the Union of India and  Fortunately it was endorsed by the Circumstances.Raja Hari Singh Ruler of Independent Kashmir Forced to sign the Instrument of Annexation under the threat of facing the Tribal Attack supported by Pakistan Army.

During its draft it faced several Hurdles and Father of Constitution Dr.Ambedkar denied to draft this supported by Hasrat Mohani who raised the Question in the  constituent Assembly on Special Status given to J&K .

Initially Sardar Patel was against this discrimination of Special Status but Finally he Supported the Cabinet Minister Gopalswamy ayyengar who drafted the Article 370 of the  constitution.

Nehru was too reluctant to grant the Special Status to Kashmir Later on  Insistence from his Friend and then Popular personality of Kashmir Shekh Abdullah,finally agreed on A 370 but  only as temporary Provision.

A 370 has been Supported by Jansangha Founder Shyama Prasad Mookerji.Is bjp  Really want to abrogate and Want to defy the Wish of His Ideal.

This  statement is given by Provincial President National Conference Mr Devender Singh Rana.(who is Brother of BJP PMO state Minister Dr. Jitender singh who accidently or deliberately 😛 ignite the debate of A 370)

He  misinterpreted the Dr. Mookerji just on account that he was the party of Constituent assembley and Never Opposed A 370. He said Article 370 is part of Indian Constitution which came  into force after detailed  discussions by stalwarts like Sardar Patel, Sheikh Mohammad Abdullah, Gopalaswamy Aiyenger and Dr Mookerji, Mirza Afzal Beig and Moti Ram Baigda.

But Devender singh  has Forget Dr. Mookerji Slogan as “Ek desh me do nishaan do vidhaan nahi chalenge” and Mookerji Illegal Visit to Kashmir following Hunger Strike for Revocation of Special Status. Actually it was Political Dilemma of Mookerji Regarding Kashmir.(For more Info. On this Political Hypocrisy,Just Visit Wikipedia Page of Shyama Prasad Mookerji)

Actually the Article 370 was Need of the Hour and it Cleared the Legal Hurdles in way of Kashmir Integration In India.

Why it should be abolished?

A 370 can be abolished by the union of india with mandatory consensus from state assembly and constituent assembly.It was actually a Temporary provision and it has been reitrated by the Mountbatten then governor General of India

“While it has been signed during the Tribal Aggression into state so it shall be temporary provison and can revoke if normalcy return and not needed”

but same time  emphasized on Plebiscite after the abrogation.

It is also argued that A 370  favours gender discrimination because Females of Kashmir need to seek fresh status for Permanent Resident after her marriage.

Under this Article Parliament can’t reduce or Increase the Boundary.so need to get away from 370  if we really  want POK.

Why it should not be abolished?

This is not an only type of law in the  Constitution which gives Different Status to Particular State.Article 371 A to J is a similar kind of Provision which has already been provided to some other states endorsing  sort of  special status.

actually it is link between India and Jammu Kashmir.If it is Abolished then need to seek Fresh Proposal and Points of Instrument of Annexation,which Provides the way of assimilation in Union of India.

The Constitution of Jammu and Kashmir was framed in  the Backdrop of A 370 and Instrument of Accession.Any Abrogation of the  article will strengthen the Seccesionism in state and will encourage the demand of plebiscite.This has been proved by the above argument of Mountbatten regarding the abrogation of a 370 and endorsing plebiscite..

Indira -sheikh Accord in 1974 also a point of contention in abrogation of A 370 which mentions that “A 370 will be basis of Governance in J&K which is Constituent part of India in Relation with Union of India.”

So, Is it  really as easy  that seems to be?

Though its a Hard and Complex Process but not Impossible.Every Body Needs Unified India with Equal Citizenship Status Under One India,one Law.

They have to first pass a resolution in Lok Sabha, then in Rajya Sabha, with two-thirds majority. Then it would come to Kashmir Assembly where they need to pass it again with two-thirds majority, which is not possible.

Getting consensus from State assembly Under 370(3) is a too critical task .but what about the Provision of getting consensus From constituent Assembly.How can we get it from the Unit which doesn’t exist.?acc.to some Noted constitutional expert recommend the amendment in A 368 ,by using the Loophole of A 370(1).

It is only constitutional Link Between India and J&K ,that gives Legal justification to Ruling of Union Govt.India over J&K External affairs,Communication ,Defense & Ancillary matters.

Yes It  is high time to resolve the matter and some Says” Abhi Nahi To kabhi Nahi”. but, why we need to start the mess with Critical Kashmir ;Why not from Gujrat ,Maharashtra,Himachal etc.Several State which have been provided special status in different form & gets Legal Power of Speciality from Constituional A 371.

 BUT Debate must be begun and the issue must be handled in an amicable manner.

whether A 370 Benefitted the Citizen of Kashmir or provide the way of Isolation with Union of India? or it will remain a tool of Political bashing? or New Govt.will take it seriously?

We have to wait for some time ……..to get the answers of these questions.

PS:Any suggestion or clarification are most welcome.Please mark your valuable inputs in Comment Box.

 

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