Archive for the ‘constitution’ Category

Is Sabarimala for  the devotees or for dirty women like Rehana Fathima Pyarijaan Sulaiman and journo trekkers, atheists etc? [1]

October 24, 2018

Is Sabarimala for  the devotees or for dirty women like Rehana Fathima Pyarijaan Sulaiman and journo trekkers, atheists etc? [1]

, Sabarimala -the Five judges

The split judgment of Sabarimala and the haste politics of Communists leading to complications: The Supreme Court has announced that women of all ages could enter Sabarimala Iyyappan Temple in its judgment delivered on September 28, 2018. It has been a split judgment, as one of the five judges differed with the others[1]. Evidently, the Supreme Court or the four judges have not gone into the details of the temple, its tradition and connected rituals. Also, they have not considered the other provisions of the Constitution, where, various religious sects and denominations could maintain their own temples, belief system etc., without affecting others. That Sabarimala temple and devotees have been maintaining their position for hundreds of years has been proven by its existence and continuing traditions. As this has been the condition, the scene created, definitely by few, has been condemnable, as Sabarimala is not a place of picnic, activism or politics.Therefore, the few women, that too, non-Hindus, journalists and TV crew to go there and create problem, affecting the devotees, who have been going there with the vow, proves the pre-planned attack on the Sabarimala devotees, under the guise of law. Evidently, the Kerala government, now headed by the Communists have stated exploiting it as an opportunity to disturb and wound the sentiments of the devotees, by applying the police force, as evident from the happenings.

, Sabarimala -Ayyappa Saranam

Sabarimala movement has given space for all: Sabarimala movement, in the sense, that it gives equality to all without any discrimination, particularly for men, has been grown phenomenally, attracting many. Of late, rich people, actors and others started going there. Generally, poor people, labourers, workers, auto drivers and others used to go there, as they used to start their nonbu / penance during Kartigai month. Thus, it is very much similar to Varkari movement that drew lakhs of devotees spontaneously[2]. During their vow period, they do not take non-veg food, drink, smoke etc., and thus, they follow “brahmacharya” as a “kannisami” viz. young male devotee of virtues. They feel pride, as all others call them as “Sami” with respect. Of course, young and old women going there has been a regular feature and none took it differently……Thus, all have been going on well for so many years, but, in 2018, it has become a big issue. Ironically, instead of real woman-devotees, as they respected the tradition and do not want to violate, in spite of the judgment, few non-Hindu women, that too, journalists tried to enter with police force affecting the sentiments of crores of Hindus. How many of Indians would have red 411 pages judgments is also not known.

, Sabarimala -Indu Malhothra

It is not dissent judgement, but, people’s judgment: The Judge, Indu Malhothra, has summarized her order as follows: “The summary of the aforesaid analysis is as follows:

 

(i) The Writ Petition does not deserve to be entertained for want of standing. The grievances raised are non-justiciable at the behest of the Petitioners and Intervenors involved herein.

 

(ii) The equality doctrine enshrined under Article 14 does not override the Fundamental Right guaranteed by Article 25 to every individual to freely profess, practise and propagate their faith, in accordance with the tenets of their religion.

 

(iii) Constitutional Morality in a secular polity would imply the harmonisation of the Fundamental Rights, which include the right of every individual, religious denomination, or sect, to practise their faith and belief in accordance with the tenets of their religion, irrespective of whether the practise is rational or logical.

 

(iv) The Respondents and the Intervenors have made out a plausible case that the Ayyappans or worshippers of the Sabarimala Temple satisfy the requirements of being a religious denomination, or sect thereof, which is entitled to the protection provided by Article 26. This is a mixed question of fact and law which ought to be decided before a competent court of civil jurisdiction.

 

(v) The limited restriction on the entry of women during the notified age group does not fall within the purview of Article 17 of the Constitution.

 

(vi) Rule 3(b) of the 1965 Rules is not ultra vires Section 3 of the 1965 Act, since the proviso carves out an exception in the case of public worship in a temple for the benefit of any religious denomination or sect thereof, to manage their affairs in matters of religion.

 In light of the aforesaid discussion and analysis, the Writ Petition cannot be entertained on the grounds enumerated hereinabove. It is ordered accordingly”, thus, passed the judgment. Hence, it is not any dissent judgment, but, people’s judgment and perhaps, God’s judgment!

, Sabarimala -Atheist CM

With obvious politicization of the issue, the Temple authorities and the Kerala government have decided not to appeal against or file revision petition. Contrary, the Hindus of Kerala have started their protests in a large scale in peaceful manner. Thousands of women came on the roads and marched towards Government offices with the pictures of Ayyappa and banners questioning the judgment that affects their devotion and tradition. On 03-10-2018 [Wednesday], more than 20,000 devotees marshalled through social media, mostly women, held a protest march in Pandalam, headquarters of an erstwhile royal family that once governed the temple. The leading Malayalam daily, Malayala Manorama, carried a front-page picture of the march but Mathrubhumi came under attack for carrying a report on an inside page and without a picture. About the downplying of this event the media groups themselves were divided, because of the government pressure[3]. The entry of Nair Service Society (NSS), a socio-culture organisation of the influential upper-caste community has only added steam to the protests. The NSS also happens to be the first to decide on filing a review petition against the judgement[4]. As usual, the ruling Communist and Congress parties started accusing BJP, RSS and other right wing organizations for such upsurge, but, the fact has been different, as the Left wing media groups have been heavily anti-Hindu affecting the sentiments. Thus, ironically, the few women Mohammedan, Christian and secular categories came and started the communalization of the issue. These have been the credentials and back ground of the women who started creating problem.

, Sabarimala -libi jurno

L. S. Libi atheist posing as a devotee with dress!: The NDTV reported that[5]C.S. Libi, Christian posed as a Hindu, was among the first to attempt the trek to the shrine on the day the temple gates were to open. Days before her visit, she had posted her plan on Facebook. The protesters had apparently seen her post and decided to block her the moment she reached a bus stand in Pathanamthitta, 65 km from the temple. The police had shielded her from a group of protesters who had surrounded her at the bus stop. They threatened to burn the bus if it drove towards the temple’s base camp, news agency IANS had reported.” But, the event was videographed ny many and she had to return, because of her contradicting answers and encounter she had with women devotees and others at the bus-stand[6]. Another woman, Libi CS, was arrested at a bus stop by worshipers who accused her of wearing jeans[7]. “This is how a lady should go to the temple.” She claims to have observed penance, but if you look at the pearls of the Sabarimala necklace, it is very clear that she has worn it today. “Yesterday or yesterday, it is not acceptable to us and she will not be allowed to go there,” said a group of angry female protesters. Libi CS, a journalist, posted on Facebook her plan to visit Sabarimala Temple. The protesters apparently saw her post and decided to block her as soon as she arrived at a bus station in Pathanamthitta, 65 meters from the temple. “Friends, we are leaving all four for Sabarimala today, which includes atheists like me and two devotees,” said Libi’s Facebook message[8].

© Vedaprakash

23-10-2018

, Sabarimala -libi jurno-2

[1] IN THE SUPREME COURT OF INDIA, CIVIL ORIGINAL JURISDICTION, WRIT PETITION (CIVIL) NO. 373 OF 2006,   Indian Young Lawyers Association   …Petitioner(s)  & Ors.  VERSUS The State of Kerala & Ors.

https://indiankanoon.org/docfragment/163639357/?formInput=sabarimala%20%20sortby%3A%20mostrecent

[2] Varkari or Warkari(meaning “a pilgrim”) is a sampradaya (religious movement) within the bhakti spiritual tradition of Vaishnavism part of Hinduism, geographically associated with the Indian state of Maharashtra. Varkaris worship Vitthal (also known as Vithoba), the presiding deity of Pandharpur, regarded as a form of Krishna. Saints and gurus of the bhakti movement associated with the Varkaris include Jñāneśvar, Namdev, Chokhamela, Eknath, and Tukaram, all of whom are accorded the title of Sant.The Varkari movement includes the worship Vithoba and a duty-based approach towards life emphasising moral behavior and strict avoidance of alcohol and tobacco, the adoption of a strict lacto-vegetarian diet and fasting on Ekadashi day (twice a month), self-restraint (brahmacharya) during student life, equality and humanity for all rejecting discrimination based on the caste system or wealth, the reading of Hindu texts, the recitation of the Haripath every day and the regular practice of bhajan and kirtan. https://en.wikipedia.org/wiki/Varkari

[3] The Telegraph, Sabarimala pressure on Kerala media, By K.M. Rakesh in Bangalore, Published 8.10.18, 3:37 AMUpdated 8.10.18, 5:25 AM.

[4] https://www.telegraphindia.com/india/sabarimala-pressure-on-kerala-media/cid/1671280

[5] NDTV, The Women Who Were Turned Away From Making History At Sabarimala, Edited by Revathi Hariharan | Updated: October 22, 2018 16:48 IST.

[6] https://www.ndtv.com/kerala-news/the-women-who-stopped-short-of-making-history-at-sabarimala-1935635

[7] Naaju.com, Woman and family giving up Sabarimala trek scared to say no cops to temple, October 17, 2018.

[8] https://naaju.com/us/woman-and-family-giving-up-sabarimala-trek-scared-to-say-no-cops-to-temple/ The Hindu also reported it on 18-10-2018.

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The World Atheist Conference 2018 conducted on January 5th to 7th 2018 at Trichy (2)

January 12, 2018

The World Atheist Conference 2018 conducted on January 5th to 7th 2018 at Trichy (2)

WAC, Trichy - second day, paper presenters

The First Day paper reading session (05-01-2018): The WAC organizers kept the paper reading session inside and the public meetings open. The first day (05-01-2018) paper reading proceedings were held at Periyar Maniammai University campus, Vallam. On the theme, “Atheism – Hope for Humanity”, Three parallel sessions were held, where, 38 delegates participated and presented 28 papers. Of which 13 were taken for discussion.

WAC, Trichy - paper presenter-bald, looks north Indian

In first session, was conducted with Balwinder Barnala, Tarkkaasila Sangha, as chair-person and , Dr Samarasam, Vijyawada Atheist Centre, as moderator.

Kadesh Godherao, Maharastra Antastrata Nirmulam Samiti, read a paper on the topic, “Atheism is for the Progress of Humanity”.

Kumanarajan, editor of “Tamil Lemuria”, Mumbai presented a paper on “Threats of religious fundamentalism, Problems and Solutions.”

WAC, Trichy - paper presenter-gold-spec-nald-white

In the second session was chaired by Prof Ilakkuvan, Director, Periyar Centre, USA and P. Sabasiva Rao, Treasurer, Telengana-Hyderabad Manava Vikasha Vedika, moderated.

Prof Sam George, American College, spoke on, “Atheism – Way of Life.” M. Govindasamy, Malaysia Dravidar Sangam, Kulalampur spoke on, “Dravidian Movement in Malaysia”.

Dr R. Gauthaman, Periyar Medical Mission, spoke on “Medicine and Atheism.”

However, most of the papers were of generalized, rehashing the already known details and targeting Hindu religion for superstition and so on. Emphasis was given for in between Peiyar and Dravidian movement. The atheist arguments had been against ontological, teleological, cosmological points, but, they could not put forward any new points. The age-old theist-atheist arguments on these lines have been too well-known to be repeated here.

WAC, Trichy - paper presenters- looks Tamilian, with coat

paper presenter

WAC, Trichy - paper presenters- looks Tamilian, with white coat.

paper presenter

WAC, Trichy - paper presenters- old man, spec, bald, white

Vijayan

WAC, Trichy - paper presenters- old man, spec, bald

paper presenter

WAC, Trichy - paper presenters- old man, spec, grey hair

paper presenter

WAC, Trichy - paper presenters- Sikh

Balwinder Barnala

WAC, Trichy - paper presenter-spec, shirt-half-coat

paper presenter

DK opposing Rajini-

Atheism versus Spirituality – debate started: Speakers propagating atheist philosophy slammed religious beliefs, especially in Hinduism, at the World Atheist Conference here on Friday (05-01-2018). The concept of spiritual politics espoused by superstar Rajinikanth also came in for sharp criticism. It is not known as to why Rajni’s politics should be attacked and criticized in the “World Atheist Conference”. Evidently, as Trichy has been strong base of Rajini’s fans and his political ambitions would erode the Dravidian polity and as well as the prospects of DMK, the WAC has been exploited to attack Rajini politics.  Though Rajini’s concept was much debated over the past few days, some speakers found it nascent and lacking clarity. However, Dravida Kazhagam leader K. Veeramani aid that people propagating ideology of spiritual politics would be exposed sooner than later. Speaking on the sidelines of the conference, he said spiritual politics was nothing but a tool that might be used to deceive people. Politics was in no way related to spirituality. Spiritual politics stressed on the existence of spirit which was called ‘Atma’. The aim of the conference was to counter the very existence of spirit through philosophical arguments. Those trying to mislead people in the name of spirit would be exposed soon, he said. Ironically, even the atheist religions like Jainism and Buddhism believed “Atma”, rebirth, etc.

WAC, Trichy, Kanimozhi

During public session, Rajinikantha’s “Spiritual Politics” attacked: Lakshman Tamil from Periyar International, USA said that those thinking about starting a political party in the state could not ignore Periyar or Dravidian movement for their brand value. He said that one could become popular in the state by invoking the name of Periyar. Lakshman recalled how his father had told him to be honest also when he expressed his wish to become an atheist like Thanthai periyar. Periyar had set high standards to be an atheist, he said. aking a jibe at Rajini, Dravidian Tamil Federation general secretary Suba Veerapandian said that a person had recently visited Gopalapuram (the residence of DMK leader M Karunanidhi) to seek his blessings[1]. But little did he know that he could only get rationalist lessons from the leader and not his blessings[2]. Rationalists and atheists had been criticising the actor for giving his political move a religious colour. Though Rajinikanth had come out in the open with a statement clarifying his stand, not many seemed to be convinced.

WAC-3, Times of India

“Dravidian philosophy is the only alternative to Hindutva”: Untouchability is the worst tyranny any part of the world has ever seen. So is the caste system. And these are practiced in the name of God, said Dravida Kazhagam leader K Veeramani here on Friday (05-01-2018). Speaking at the World Atheism Conference 2018 in Trichy, Veeramani said India is land of atheism, not temples. Atheism is not just the denial of religion, but denial of all superstitions associated with it too. He said atheism dated back to 1500 CE in our country. Lakshman Tamil, Periyar International, USA, said caste system is the bane of India and society cannot progress as long as this Vedic system exists. Hinduism cannot claim that it is all-encompassing until it disowns the Vedas, he said. Buddhism and Jainism moved away from people and lost their relevance[3]. The Dravidar Kazhagam has created a populous atheist movement and it is the true Shramana movement of the modern time in terms of the core philosophy of atheism, he said. Terming Periyar’s atheism the most relevant, Lakshman Tamil said it is also a populous movement. Its multifaceted nature has also contributed to its popularity. “Dravidian philosophy is the only alternative to Hindutva. People have to choose between Hindutva, which is a Vedic tradition that is based on hate and segregates people in the name of caste, and Dravidian philosophy, which preaches self-respect,” said Lakshman Tamil[4].

WAC-3, Times of India- attacking Rajini

2G-Raja spoke on his atheism in Tihar and outside: Former Union telecom minister A Raja started off by thanking the CBI and the CAG for making him popular worldwide in the 2G spectrum case. “Being an atheist since teenage, his belief in atheism strengthened further during his imprisonment in the Tihar jail when he saw prisoners, who included rapists and murderers, making a beeline to offer oil to a figure of Saturn (Shani). Hinduism was used as a tool by upper caste people to keep a majority section poor by denying them education. This is a country where people are divided in terms caste. And this notion is created by religion”, he said. As many as 500 papers on atheism are going to be presented in the conference that is going to last for 3 days.

WAC-3, The Hindu, 06-01-2016

The Second Day paper reading session (06-01-2018): The seconday paper reading session was held in Einstein Auditorium, for which K. Veeramani chaired and  Narendra Naik, President, Indian Federation of Rationalist Associations acted as moderator. Devadoss welcomed the speakers and delegates. Elizabeth O’ Cassey delivered a special lecture.

Thaneswar Sahu, Philosopher professor and President of Odhisha Rationalist Association spoke on “Science, Scientific thinking – A Perspective.”

  1. Raja Kennedy, Rationalist Teachers Forum, spoke on, “Encouraging Scientific temper amomg the children”.
  2. Ramasamy, Professor and Rationalist from Madurai, spoke on “Atheist-Humanist Fighters Periyar and Gora”.

Suvinnila, Vice-President, Rationalist Association gave vote of thanks. Here, also, the speakers had repeated the points. They always tried to take “Science” as weapon against religious beliefs and dub them as “Superstition,” but, they could not tackle the issue of “Scientific superstition,” prevalent exploiting the public under forced propaganda, dubious advertisements and aggressive marketing.

WAc,Kanimozhi speaks

Rationalists attacked, women treated badly by all religions- Kanimozhi: The evening seession was held at Puthur Periyar auditorium, Trichy as a public meeting, in which Kanimozhi, Tirumavalavan, C. Vijayan (Director, Vijayawada Rationalist Centre) spoke. Atheist and rationalists all around the world are under threat, said Rajya Sabha MP K Kanimozhi on the second day of the World Atheist Conference, organised by Dravidar Kazhagam in Trichy on Saturday (06-01-2018)[5]. She hoped the believers or religious minded attending the conference see the “………….true light of Periyar. The people who have congregated here are already atheist. Even then why we have gathered? Why do we have to preach ourselves when we have already converted? But we have to come together to show that we are together and what humanity means to the world ……. said no religion treats women equal to a man in every aspect, be it Hinduism, Christianity or Islam……………All religion says a woman has to obey a man. Women have been denied their rights in every religion. That was the reason Periyar denied all religion…………..There are reformers and feminist around the world who are fighting for women’s rights. I respect all of them, but there is one true feminist in this world and that is Periyar……………Religion is nothing but fear. How much blood has been shed, how many wars have been fought in this world because of religion?…………..God has never killed anyone for their wrongdoing and has remained a spectator. He would never act or react………….There is a threat for all atheists and rationalists around the world. To show our strength, we all should stand united and fight against hatred. Atheism and humanism are the only truths,” she said[6]. The Scroll.in just reproduced that TOI reported[7]. Irony that their correspondents, colunists or reporters could not add more than that TOI published[8].

© Vedaprakash

10-01-2018

WAC-3, Veeramani, Raja, Elizabeth

[1] Times of India, Atheists slam Rajinikanth’s spiritual politics, K Sambath Kumar| TNN | Jan 6, 2018, 08:37 IST

[2] https://timesofindia.indiatimes.com/city/trichy/atheists-slam-rajinikanths-spiritual-politics/articleshow/62385950.cms

[3] https://timesofindia.indiatimes.com/city/madurai/dravidian-philosophy-is-the-only-alternative-to-hindutva/articleshow/62386831.cms

[4] Times of India, ‘Dravidian philosophy is the only alternative to Hindutva’, TNN | Updated: Jan 6, 2018, 00:18 IST.

[5] Times of India, Rationalists under threat all over the world: Kanimozhi, TNN | Jan 7, 2018, 08:25 IST.

[6] https://timesofindia.indiatimes.com/city/trichy/rationalists-under-threat-all-over-the-world-kanimozhi/articleshow/62397776.cms

[7] Scroll.in, Atheists and rationalists all over the world are under threat: DMK MP Kanimozhi, by  Scroll Staff, Published 07-01-2018, · 10:49 am

[8] https://scroll.in/latest/864115/atheists-and-rationalists-all-over-the-world-are-under-threat-dmk-mp-kanimozhi

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – Can Christians and Muslims get SC status? (5)

August 4, 2017

 

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – Can Christians and Muslims get SC status? (5)

Soosai vs UOI

What Soosai vs UOI judgment says: Castes of Hindu religion identified on ‘untouchability’ related parameters were already scheduled under the 1936 Order. The validity of the order was considered by the Supreme Court in Writ Petition No. 9596/83 in the case of Soosai Vs The Union of India and Others (AIR 1986 SC 733). In para 7 of the judgment the Court had observed that “Now it cannot be disputed that the Caste system is a feature of the Hindu social structure. It is a social phenomenon peculiar to Hindu society. The Apex Court in para 8 of the judgment thus, observed that, “it is therefore, not possible to say that President acted arbitrarily in the exercise of his judgment in enacting paragraph 3 of the Constitution (Scheduled Castes) Order, 1950.” This is also sustained by the debate in Constituent Assembly which recognised “That the Scheduled Castes were a backward section of the society who were handicapped by the practice of untouchability” and that “This evil practice of untouchability was not recognised by any other religion” i.e. other than Hindu. It is apparent that the Constitution (SC) Order, 1950 relates to castes of Hindu religion. It only relates to the Castes discriminated within the Hindu religious system. The Constitution (SC) Order, 1950 is thus not discriminatory or violative of Articles 14, 15, 16 & 25 of the Constitution nor is it ultra vires of the Constitution as it provides for a special category i.e. the Scheduled Castes who have been given a special status under the Constitution. The Constitution (SC) Order, 1950 is thus neither unconstitutional nor ultra-vires of the Constitution nor it is violative of any fundamental right guaranteed by the Constitution. Here, the Christians never appealed or filed any revision petition against this order, but kept quite. At Vatican level, they had many issues and problems, as the Bishops and Cardinals have been following race or caste hierarchical structure. So far, no Black has been elected for the post of Pope, in spite of their claims.

The Bull of Pope Gregory XV, Bulla Romanae Sedis Antistitis, dated 31 January 1623

Christianity, caste and untouchability [1]: Christianity, caste and untouchability: In spite of the tall claims made by the Christians, the caste, racism, untouchability and other factors have been there in Christianity. The hundreds of denominations in different countries based on theology, practices, tribes etc., are the direct proof. Pope Gregory XV published a bull sanctioning caste regulations in the Christian Churches of India. Even the U. N. Commission of Inquiry (1953) into the racial situation in South Africa reported the Biblical background of inspiration for them to adopt “Apartheid” or “Christian caste system” with untouchability [Genesis. 9.25, Joshua. 9.21, 23 & 27]. Untouchability also finds its way to Bible [Joshua. 9.19]. In Ireland, there are separate streets for Roman Catholics and Protestants, as each group treatsothers “untouchables”. Slavery has been a divine approved system [Levi. 25: 44-46; Timothy. 6.11]. Prasadam offered to Jehovah should not be eaten by others [Exo.12:43]. They should not touch things holy to him or offer sacrifice [Levi. 22:25]. Bible should not be taught to others [Jewish Encyclopedia, Vol. 5, p.623; Exo.27:33]. They cannot offer incense [Numbers.16: 40]. They should not approach the holy tabernacle i.e, the “Garba Griha” / Sanctum Sanctorum [Numbers 1.51]. The dishonest Christians  suppress everything and try to fool the gullible SCs and STs projecting that their religion saves them. they could not save their own souls of SCs /STs with dubious methods. There are A to Z Churches with denominations (castes) running into more than 3000 depending upon the nation, language, ethnicity, culture, civilization and other factors. The matrimonial columns appearing in the newspapers and periodicals expose their hypocrisy, as the bride / groom are hunted only on the basis of “caste” and not on the “Christ”!  Crores of Rupees flow into India from abroad to convert India to Christianity. World Christian Organizations never hide this plan. After the Neogi Commission Report, they have only changed their tactics in routing the money. Political pressure at national and international levels is applied through different channels to pump money in. only 30-40% is actually spent under the guise of charity, service, and liberation etc., whereas, 60-70% is adjusted in their manipulated accounts duly certified. They have formed their own high castes and they do not want to share profits with the new converts. They treat them just as “natives” counting numbers and sending statistical figures to parent organizations.

the-constitution-scheduled-castes-order-1950

Theologies floated to suppress the facts: Thus, the discrimination persists and percolates to bottom reaching new complications and crating new social tensions. Therefore, to divert the issue, as decided by the World Council of Churches and other organizations, they set up different “research groups” to shift the blame to Hinduism and escape. After politicizing, they have tried to internationalize the issue. Whoever Indian writer, journalist or “scholar”, who supports this theory, is received aboard usually USA or Germany and taken care of.  “Dalit Theology” is the superior theology masqueraded in mere theoretical egalitarianism to fool “Dalits” projecting Jesus as the Super Star Saviour and Christianity to solve all their social problems, suppressing all cold facts, historical truths and the past tract record of Christianity. “Liberation Theology” is nothing but “Christian Communism” with God offered in different garb mainly advocating violence. It advocates violence, terrorism and anti-national activities in a country where it is preached. After the death of Communism and exposure of their deadly acts in Latin American countries, they have turned their attention to “Dalit Theology”.

Char with the speakers

Pope Gregory XV issued a Bull authorizing Caste[2]: The Pope and the Church have been playing dual roles  as for as India is concerned. Definitely, what the Pope said and what has been reported by Associated Press differs, as AP has tried to interpret the Pope, as if he has recommended that “Christians must reject divisions based on caste” (The Hindu Nov.18, p.12). The Pope Gregory XV (1621-23) has definitely accepted the caste. The Bull of Pope Gregory XV, “Bulla Romanae Sedis Antistitis”, dated 31 January 1623, accedes to the requests of the missionaries to accommodate themselves to certain caste practices and usages of the new converts. Why not then the present Pope annul the Papal Bull issued, instead of recollecting what he had said in 1986. In fact, after his visit, there had been so many “caste problems and issues” within the Indian Church. The “Dalit Christian problem” arose phenomenally. The Supreme Court itself pronounced that if the Church wants reservation based on untouchability and caste, such factors of existence in Christianity should be proven (Soosai vs UOI – AIR 1986). Then, started the >research of Athony Raj, SJ with funds to prove that untouchability and Caste system were there in Christianity and practiced even today.

Dalit Christians demand SC status Indian Express cutting

Whether Muslims can get SC status by converting back to Hindu religion?: A Muslim from audience asked, “I wanted to convert back to Hindu religion and whether I could get SC status, as the Supreme Court pronounced in some cases, that a converted SC-Christian could get back, SC-status, when their SC members accepted him back as his member again. In the same way, if a SC-Muslim wanted to convert back to Hindu religion, whether he could get back SC-status”. Actually, these cases pertain to election candidates, where Christians converts contested elections at reserved constituencies, claiming that they were SCs. When, this was challenged at the courts, the Christians got certificates to the effect that they were Hindu SCs. So the courts pronounced that, as candidate converted back to Hindu religion and got a certificate, documentary evidence to that effect, he was considered as “Hindu”. It is not known as to how the present-day Muslims, who want to claim back their SC-status by converting back, would prove their caste identity.  Ironically, most of them or some of them would also claim that they were not the converted categories from India, but, directly descended from the forefathers, who were of Arabic tribal origins [Ansaris, Mujahideen, and others]. If they were really interested in converting back, why then criticize “Gharwapasi”?

KVR with the speakers

Origin of Caste – the Chairman spoke and wound up the session: The second paper was presented by Bhup Singh Gaur on the approach of Harijans / SCs by Gandhi and Ambedkar. He interpreted that both leaders worked for the upliftment and welfare of the people in their own way. He pointed out that Amedkar was the only leader who attended all the three RTCs and consistently fighting for the rights of Depressed Castes. The third paper, “Dalit – A legal Perspective” was presented by S. Balakrishna Hedge.  His paper was almost answering the issue raised by Tanweer Fazal. Finally, the chair of Prof Chandrama Kanagali presented her paper about the origin of caste in India. She pointed out that the origins of the term ‘caste’ are attributed to the Spanish and Portuguese casta, which, according to the John Minsheu‘s Spanish dictionary (1599), means “race, lineage, or breed”. When the Spanish colonized the New World, they used the word to mean a “clan or lineage.” However, it was the Portuguese who employed casta in the primary modern sense when they applied it to the thousands of endogamous, hereditary Indian social groups they encountered upon their arrival in India in 1498. The use of the spelling “caste,” with this latter meaning, is first attested to in English in 1613.

dalit-word-is-unconstitutional-scheduled-caste-commission

The word “Dalit” is neither constitutional nor legal: The National Commission for Scheduled Castes has asked the state governments not to use the word ‘Dalit” in official documents, saying the term was “unconstitutional”. The commission has stated that sometimes the word ‘Dalit” is used as a substitute for Scheduled Caste in official documents, sources in State Tribal Department said in Raipur. After consultation with the legal department, the commission said the ‘Dalit” word is neither constitutional nor the word has been mentioned in the current laws. Rather ‘Scheduled Caste” is the appropriate and notified word as per the Article 341 of the Constitution, it said in a letter sent to all states. The writers and researchers do not care even about this and continue to mention the word for ulterior motive.

© Vedaprakash

04-08-2017

[1] This I wrote in 2007. https://groups.google.com/forum/ – !topic/talk.politics.misc/ZoUU1QBaBAI

[2] My letter to “The Hindu” wriiten in 2003. http://hindooraashtrcom.fatcow.com/pdf/Caste-in-Christianity-Papal-Bull.pdf

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – (4)

August 4, 2017

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – (4)

Prof Chandrama Kanagali

Tanweer Fazal presented a paper on “Caste and conversion Gharwapasi in the Indian Courts”: Tanweer Fazal[1] presented his paper in Room No.B1 on 23rd July [Sunday] morning session held between 9.30 to 11.00 am under the chair of Prof Chandrama Kanagali. The Co-speakers were Bhup Singh Gaur and Balakrishna Hegde. He started his presentation obviously with confusion of “SC” as he started his PPT, without specifically telling as to whether it was “Scheduled Caste” or “Supreme Court” and it was pointed out by K. V. Ramakrishna Rao[2], another speaker from the audience. He corrected himself and proceeded to mention the following cases:

  1. Michael vs Venkateswaran, 1951.
  2. Ganapat vs Returning Officer, 1974.
  3. Anbalagan vs B. Devarajan and Ors, 1983,

Without giving citation of the case laws and quoting from the judgments, he was arguing and interpreting that the courts have been following the “Gharvapasi” concept helping the Hindutwa forces for Christians converting back to Hindu religion to get SC-benefits back.  He could not explain properly about the case laws and the exigencies for the amendment of the Presidential Order in 1956 and 1990 include converted Skihs and Neo-Buddhists under SC category. He also referred to K. P. Manu case, but without giving the case law reference and relevant judgment details. He went on repeating the same point that the Court was acting at the behest of the government giving in such judgments helping the “Gharvapasi” programme. Of course, he was confusing this with Muslims also, as if they were also involved in such court cases.

Tanweer Fazal, JNU

Christians by converting back to Hindu religion can claim back SC status: Then, he pointed out as to how in the case of K. P. Manu, the Court held that he could be back to Ezhawa community, provided they accepted him their community-member[3]. The facts giving rise to the present appeal are that one Shri S. Sreekumar Menon invoked the jurisdiction of the Scrutiny Committee under Section 11(3) of the Act challenging the grant of caste certificate, namely, Hindu Pulaya to the appellant on the ground that the said certificate had been obtained by him on misrepresentation, and that apart the concerned authority had issued the caste certificate in total transgression of law. The Committee conducted an enquiry and eventually by its order dated 4th February, 2006 had returned a finding that the appellant was erroneously issued a caste certificate inasmuch as he was not of Hindu origin and hence, could not have been conferred the benefit of the caste status. It is not in dispute that the great grandfather of the appellant belonged to Hindu Pulaya Community. His son Chothi embraced Christianity and accepted a new name, that is, Varghese who married Mariam who originally belonged to Hindu Ezhava community and later on converted to Christianity. In the wedlock three sons, namely, Varghese, Yohannan and Paulose were born. The father of the appellant, Paulose, got married to Kunjamma who was a Christian. The appellant who was born on 03.01.1960 sometime in the year 1984 at the age of 24 converted himself to Hindu religion and changed his name to that of K.P. Manu. On the basis of the conversion he applied for a caste certificate to Akhila Bharata Ayyappa Seva Sangham. Be it stated, the appellant after conversion had obtained a certificate from the concerned community on 5th February, 1984. Eventually, the Tehsildar who was authorised to issue the caste certificate had issued the necessary caste certificate. The Court had dealt with the three important questions.

  • whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste;
  • whether after his eligibility is accepted and his original community on a collective basis takes him within its fold, he still can be denied the benefit; and
  • that who should be the authority to opine that he has been following the traditions and customs of a particular caste or not.

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - The paper presenters

As the Pulaya Community accepted him as their member, he is Hindu only: The Court decided as follows – “In the instant case, the appellant got married to a Christian lady and that has been held against him. It has also been opined that he could not produce any evidence to show that he has been accepted by the community for leading the life of a Hindu. As far as the marriage and leading of Hindu life are concerned, we are of the convinced opinion that, in the instant case, it really cannot be allowed to make any difference. The community which is a recognised organisation by the State Government, has granted the certificate in categorical terms in favour of the appellant. It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste. Had the community expelled him the matter would have been different. The acceptance is in continuum. Ergo, the reasonings ascribed by the Scrutiny Committee which have been concurred with by the High Court are wholly unsustainable. Consequently, the appeal is allowed and the judgment and order of the High Court, findings of the Scrutiny Committee and the orders passed by the State Government and the second respondent are set aside. The appellant shall be reinstated in service forthwith with all the benefits relating to seniority and his caste, and shall also be paid backwages…..”

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - audience1

Why Tanweer Fazal was suppressing the “Soosai v. Union of India, AIR 1986 SC 733 judgment”?: During his presentation, there were many factual mistakes in interpreting the court cases. First, he was not mentioning the court case references, but, when K. V. Ramakrishna Rao insisted him to mention the case specifically in the context, he was evidently evading and started making general remarks. He coolly and purposely avoided mentioning “Soosai v. Union of India, AIR 1986 SC 733 judgment”, where, the Court held that SC under the Constitution (SC) Order, 1950 means only Hindu. This has been practice of many writers and researchers not to mention this judgment, as it is not favourable to them. He was obviously mumbled and fumbled without giving any answer. The Chair person also  pointed out and advised him to be specific. Incidentally, a similar paper is already published in EPW and available in the internet[4]. Now, let us discuss the case laws for understanding.

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - The paper presenters.close view

Michael vs Venkateswaran, 1951 – AIR 1952 Mad 474, (1952) 1 MLJ 239: The first case[5], where a SC was converted to Christian, thus losing his Hindu status, he was barred from contesting reserved constituency, is as follows: “The petitioner alleges that he is a member of the Paraiyan caste which is item 64 in Part V of the Schedule to the Scheduled Castes Order. Admittedly, he is a convert to Christianity. He therefore would be a person professing a religion different from Hinduism and therefore under paragraph 3 of the Scheduled Castes Order would be deemed not to be a member of a scheduled caste. He desires to stand as a candidate for a seat reserved for the Scheduled Castes and he can do so only If he is deemed to be a member of a Scheduled Caste. As the aforesaid provision prevents him from so standing, he has filed the above application for adequate relief from this Court.” But the Court held that “the Constitution (Scheduled Castes) Order is valid and within the powers of the President, the petition is therefore dismissed”.

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - audience

Ganpat vs Returning Officer & Ors on 4 December, 1974 – 1975 AIR 420: The second case[6] is about contesting for a seat in Nagpur by a SC candidate after converting to Buddhism, thus, losing their Hindu status. The Court held that, “We would, therefore, in agreement with the High Court hold that the respondents-2, 6 and 9 are not Buddhists but continue to be members of the Scheduled Castes”, but also pointing out, “The attempt of persons who have changed their religion from Hinduism to Buddhism, who still claim the concessions and facilities intended for Hindus only shows that otherwise these persons might get a vested interest in continuing to be members of the Scheduled Castes. In course of time vested interests are created in continuing to be members of Schduled Castes as in continuing to be members of Backward Classes. It is from the point of view of discouraging that tendency that the provision of the Scheduled Castes Order seems to be a proper one.”

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - with KVR

Anbalagan vs B. Devarajan & Ors on 5 December, 1983 – 1984 AIR 411: In the third case[7], one Devarajan was challenged that he was Christian and therefore, he could not claim SC status, but, it was proved that he “……………had long since reverted to Hinduism and to the Adi Dravida caste. There is not a scrap of acceptable evidence to show that he ever professed Christianity after he came of age. On the other hand, every bit of evidence in the case shows that from his childhood, he was always practising Hindism and was treated by everyone concerned as an Adi Dravidh. There is then the outstanding circumstance that the voters of the Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted his candidature for the reserved seat and elected him to the Lok Sabha twice. We have no doubt whatsoever that at all relevant times, he was a Hindu Adi Dravida and professed no religion other than Hinduism. The case was rightly decided by the Election Tribunal and the appeal is accordingly dismissed with costs.”

© Vedaprakash

04-08-2017

Balakrishna Hegde presenting his paper

[1] Dr. Tanweer Fazal is Associate Professor at the Nelson Mandela Centre, JMI, New Delhi, Email: fazaltanweer@yahoo.co.in, Phone: 91-9968822925 (M); http://www.jnu.ac.in/sss/csss/images/Tanwer-Fazal/CV Tanweer Fazal.pdf

[2] He has been independent researcher and presented a paper, “Nation” as approached by Jinna, Periyar and Ambedkar during their historical meeting held in 1940,  in another session.

[3] Supreme Court of India – K.P. Manu,Malabar Cements Ltd vs Chairman,Scrutiny Commt … on 26 February, 2015 arising out of CIVIL APPEAL No. 7065 OF 2008; https://indiankanoon.org/doc/98912765/

[4]https://www.researchgate.net/profile/Padmanabh_Samarendra/publication/302899845_Religion_Caste_and_Conversion_Membership_of_a_Scheduled_Caste_and_Judicial_Deliberations%27_Economic_and_Political_Weekly_li4_2016_pp_38-48/links/5732d20f08ae9f741b2362c4/Religion-Caste-and-Conversion-Membership-of-a-Scheduled-Caste-and-Judicial-Deliberations-Economic-and-Political-Weekly-li4-2016-pp-38-48.pdf?origin=publication_detail

[5] Madras High Court – G. Michael vs Mr. S. Venkateswaran, Additional … on 6 November, 1951

Equivalent citations: AIR 1952 Mad 474, (1952) 1 MLJ 239; https://indiankanoon.org/doc/496218/

[6] Supreme Court of India – Ganpat vs Returning Officer & Ors on 4 December, 1974; Equivalent citations: 1975 AIR 420, 1975 SCR (2) 923; https://indiankanoon.org/doc/83094/

[7]Supreme Court of India – S. Anbalagan vs B. Devarajan & Ors on 5 December, 1983; Equivalent citations: 1984 AIR 411, 1984 SCR (1) 973;   https://indiankanoon.org/doc/254650/