bollywood-holywood: rec.arts.movies.local.indian - 8 new messages in 6 topics

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* DIVINE INTERVENTION - 1 messages, 1 author
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* Honest questions about Islam- can you answer? - 2 messages, 2 authors
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TOPIC: DIVINE INTERVENTION
http://groups.google.com/group/rec.arts.movies.local.indian/t/49395064702fcb4e?hl=en
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== 1 of 1 ==
Date: Sat, Mar 20 2010 7:23 pm
From: usenet@mantra.com and/or www.mantra.com/jai (Dr. Jai Maharaj)

Divine Intervention

Thai filmmakers still rely on Brahmin rituals before shooting to
ensure the success of their films

The Bangkok Post
Monday, March 15, 2010

The ritual usually takes place in the open, or when the heat is
searing, under a white tent. Sometimes the chanting is audible,
sometimes not, depending on the man who's responsible for soliciting
the gods from the 31 cosmic worlds to bear down to the feast propped
up by humans. The serpent Naga is summoned, as is the avian Kinnaree.
The gods must be propitiated and fed. Only then can the cameras roll
and the director can direct, confident now that the gods are on his
side.

View picture at:
http://www.bangkokpost.com/media/content/20100312/121715.jpg

Photos by Anusorn Sakseree

It sounds like a scene from a supernatural movie but it is not;
rather, it is something that precedes every movie and TV shoot.
Perhaps it's only in Thailand that the ceremony is observed with such
solemnity and rigour by the usually chic showbiz people. The Brahmin
rite is a necessity for studio execs, directors, stars and crew who
seek comfort from the divine before they go into the set.

Usually, practitioners of traditional Thai arts, like puppetry,
masked dance or muay Thai, must perform the wai kru rite -- paying
respects to the teachers -- before going on stage. The same
philosophy seemed to have trickled into the relatively recent art of
movie-making. Since the early days, Thai film actors and directors
came from the stage, but along the way, the rite morphed into the act
of asking the assembly of Indian gods, especially Ganesha, the
protector of artists, to come down from their abodes to bless the
operation. Like other ceremonies in Buddhist Thailand, the Brahmin
influence lends mystique that is sometimes synonymous with luck,
confidence and moral uplift.

''The studio executives and directors want to go onto the set without
worries. They want the operation to be smooth,'' says Sophon
Chuwatsawasdi, who has performed the Brahmin ritual for television
and movie sets for 10 years -- though he's not ordained as a Brahmin.

''It's a way to boost the morale of the crew, to give them the
confidence that the shoot will be accident-free. For the executives,
the rite also makes them feel that the movie or the TV series will be
a financial success.''

Brahmin rites are common here. They are performed when a new building
is inaugurated, or when a homeowner wants to install a shrine.
Sometimes ordained Brahmins host the ceremony; it's believed that the
''holier'' a Brahmin is, the better -- and the higher the fees. But
there are also laypeople who've studied with Brahmins and are trusted
to perform the Brahmin rites.

Late last month, Sophon presided over the ritual before the shooting
of a new TV series, Jed Prachanban, which is adapted from an old Thai
film from the 1960s. The ceremony, pictured here, took place at the
studio of Channel 3 in Nong Khaem. It was a well-attended event with
a number of stars, as well as the director and respected family
members of Sor Asanajinda, the late actor who created the original
film.

As tradition goes, every Brahmin ritual begins with pinpointing the
auspicious time, rerk. Usually, it's the time ending with the number
9, say 10:39. Before the designated moment arrived, we witnessed
Sophon create nam mon taranee sarn, or magical water, by lighting a
candle and letting the melted wax drop into a silver bowl. The water
would be given to the film crew to sprinkle at the location of the
shoot to ward off bad spirits that might disrupt the filming.

Then it was the rite of wai kru, paying respects to the teachers,
with 15 joss sticks, which is intertwined with the act of paying
respects to the gods who rule the eight directions, from east and
rotating clockwise.

Next, Sophon chanted the prayers and proceeded to invite the gods
from the 31 worlds according to the Brahmin belief. The purpose is to
gather all the gods at the site of the ritual, and Sophon asked the
assembly to allow Ganesha to preside over this invisible meeting of
the divines. In short, Sophon is a mediator between the gods and the
humans who're asking for their favour.

Curiously, the items laid out on the propitiating table -- besides
the food and floral offerings -- also consist of a copy of the
screenplay and a digital tape to be used in the shoot. To bless them
with the power of the gods, Sophon put gold leaves on the screenplay
and the tape, thus consecrating the physical materials to be used in
the movie. Then the director and actors lined up to throw fragrant
flowers at the shrine.

The food, interestingly, was without meat -- definitely not a pig's
head. This is because Ganesha is the Elephant God, so humans must
entreat him with the food preferred for elephants, including
sugarcane, coconut, pineapple, beans, bananas plus other sweets and
fruits. ''Meat is for sacrificial rites, which is not what we're
doing,'' Sophon said.

The final step of the ritual, he explained, is to wait for the gods
to enjoy the food on the table. Then Sophon chanted another prayer to
send them back to their respective abodes.

Supernatural belief has always been part of mainstream Thai showbiz,
and even if the effects are only largely psychological, that's more
than enough for the practitioners.The first day of shooting is
usually timed to the lucky moment calculated from planetary
movements, and sometimes even the release date of a movie is
predicted by an oracle. Tradition and past figures are well-
respected; for instance, when a movie is remade from an old film
starring Mitr Chaibancha, the legendary Thai actor who died when he
fell from a helicopter while shooting in 1970, the actor who would
play the role once played by Mitr has to light joss sticks and pray
to his spirit, preferably at his shrine erected where his body fell
40 years ago.

''You could say it's superstition, but it's also wisdom,'' says
Jirasak, who declines to give his full name. Jirasak's father was an
ordained Brahmin, and he, who isn't ordained, now performs Brahmin
rites for movie sets.

''The ceremony cannot guarantee that a film will make 100 million
baht, that would be too easy!'' he says. ''The ceremony calms the
mind of the people involved, it works as something people on the set
can cling on to.

''It's like when you have a sacred tattoo, would it save you from a
bullet? Maybe not. But it gives you the confidence, the will, the
strength to go out and face the world.''

View picture at:

http://www.bangkokpost.com/media/content/20100312/121716.jpg

[Caption] Food and floral offerings to Ganesh, the god of artists,
laden the table at a recent Brahmin ritual to mark the first day of
shooting of TV series Jed Prachanban. Sophon Chuwatsawasdi (far
right) performs a Brahmin ritual which includes the blessing of a
screenplay and a shooting tape (right).

More at:
http://www.bangkokpost.com/entertainment/movie/34338/divine-intervention

Jai Maharaj, Jyotishi
Om Shanti

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TOPIC: Bangla Video Song Download
http://groups.google.com/group/rec.arts.movies.local.indian/t/322f116fea1c1b92?hl=en
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== 1 of 1 ==
Date: Sun, Mar 21 2010 4:51 am
From: nazmul hossain

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TOPIC: Dr Jai Maharaj is a sad Monkey
http://groups.google.com/group/rec.arts.movies.local.indian/t/54e137b93f3610de?hl=en
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== 1 of 2 ==
Date: Sun, Mar 21 2010 5:33 am
From: chhotemianinshallah

Article 370
From Wikipedia, the free encyclopedia

Article 370 of the Indian constitution, which is of a temporary
nature, grants special status to Jammu and Kashmir.

Text of Article 370

In view of its importance the text of the article 370 (Without
amendments) is reproduced below:

Article 370 of the Constitution of India (Temporary provisions with
respect of the State of Jammu and Kashmir)

1. Notwithstanding anything in this Constitution:

a. the provisions of article 238 shall not apply in relation to the
State of Jammu and Kashmir,

b. the power of Parliament to make laws for the said State shall be
limited to;

i. those matters in the Union List and the Concurrent List which, in
consultation with the Government of the State, are declared by the
President to correspond to matters specified in the Instrument of
Accession governing the accession of the State to the Dominion of
India as the matters with respect to which the Dominion Legislature
may make laws for that State; and

ii. such other matters in the said Lists, as, with the concurrence of
the Government of the State, the President may by order specify.

Explanation—For the purpose of this article, the Government of the
State means the person for the time being recognised by the President
as the Maharaja of Jammu and Kashmir acting on the advice of the
Council of Ministers for the time being in office under the Maharaja's
Proclamation dated the fifth day of March, 1948;

c.the provisions of article 1 and of this article shall apply in
relation to this State;

d.such of the other provisions of this Constitution shall apply in
relation to that State subject to such exceptions and modifications as
the President may by order specify

i. Provided that no such order which relates to the matters specified
in the Instrument of Accession of the State referred to in paragraph

(i) of sub-clause (b) shall be issued except in consultation with the
Government of the State:

ii. Provided further that no such order which relates to matters other
than those referred to in the last preceding proviso shall be issued
except with the concurrence of the Government.

2. If the concurrence of the Government of the State referred to in
paragraph

(ii) of sub-clause (b) of clause

(1) or in second proviso to sub-clause

(d) of that clause be given before the Constituent Assembly for the
purpose of framing the Constitution of the State is convened, it shall
be placed before such Assembly for such decision as it may take
thereon.

3. Notwithstanding anything in the foregoing provisions of the
article, the President may, by public notification, declare that this
article shall cease to be operative or shall be operative only with
such exceptions and modifications and from such date as he may notify:
Provided that the recommendation of the Constituent Assembly of the
State referred to in clause (2) shall be necessary before the
President issues such a notification.

4. In exercise of the powers conferred by this article the President,
on the recommendation of the Constituent Assembly of the State of
Jammu and Kashmir, declared that, as from the 17th day of November,
1952, the said art. 370 shall be operative with the modification that
for the explanation in cl.(1) thereof the following Explanation is
substituted namely:

Explanation—For the purpose of this Article, the Government of the
State means the person for the time being recognised by the President
on the recommendation of the Legislative Assembly of the State as the
*Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of Council
of Ministers of the State for the time being in office.

Implications of Article 370

This article specifies that except for Defence, Foreign Affairs,
Finance and Communications,(matters specified in the instrument of
accession) the Indian Parliament needs the State Government's
concurrence for applying all other laws. Thus the state's residents
lived under a separate set of laws, including those related to
citizenship, ownership of property, and fundamental rights, as
compared to other Indians.

Similar protections for unique status exist in tribal areas of India
including those in Himachal Pradesh, Arunachal Pradesh, and Nagaland
however it is only for the state of Jammu and Kashmir that the
accession of the state to India is still a matter of dispute between
India and Pakistan still on the agenda of the U.N.Security Council and
where the Government of India vide 1974 Indira-Sheikh accord committed
itself to keeping the relationship between the Union and Jammu and
Kashmir State within the ambit of this article .

The 1974 Indira-Sheikh accord mentions that " The State of Jammu and
Kashmir which is a constituent unit of the Union of India, shall, in
its relation with the Union, continue to be governed by Article 370 of
the Constitution of India " .

Indian citizens from other states and Kashmiri women who marry men
from other states can not purchase land or property in Jammu & Kashmir.
[1]
http://en.wikipedia.org/wiki/1974_Indira-Sheikh_accord

http://en.wikipedia.org/wiki/Jammu_%26_Kashmir

References

Full text of the articlePDF (387 KiB)
http://lawmin.nic.in/coi/PARTXXI.pdf
Article 370 text from wikisource
http://en.wikisource.org/wiki/Constitution_of_India/Part_XXI
^ Vasudha Dhagamwar (May 04, 2004). "The price of a Bill".
http://www.indianexpress.com/oldStory/46240/. Retrieved 24 March
2009.

External links

Background of article 370
http://rashtraman.blogspot.com/2008/08/article-370.html

http://en.wikipedia.org/wiki/Article_370

Indian Opinion
A real Indian view of current affairs

Sunday, August 24, 2008
Article 370

article 370 was introduced to abide by the terms of J&K's accession.
The accession of J&K was conditional.
India desperately wanted to prove 2-nation theory wrong and wanted a
muslim majority region under its fold, also the strategic significance
of Kashmir and willingness of Kashmiri leaders to have separate state
for themselves (under protection of India) were the main reasons why
India went ahead for accession of J&K.
When Instrument of Accession was signed, constitution of India was not
ready. As per clause 7 of the Instrument of Accession, J&K was not
committed to accept the future Constitution of India.
In 1949 november when all the princely state heads and provincial
heads of Indian dominion were supposed to issue proclaimations making
Constitution of India operative in their respective states and
provinces, J&K refused such proclaimation refering to the clause 7 of
Instrument of Accession. This is because the draft form of
constitution refused separate constitutions for the states and J&K
always wanted their own separate constitution.
There was a legal imbroglio in this situation, the accession issue was
already with united nations and in such situations India has to abide
by its promise. This lead to Article 306-A of the draft Constitution
of India (which became article 370 in the actaul constitution).
Considering the overall situation prevalent, Article 370 was a major
step forward at that time. The Article at least paved the way for the
Republic of India to make several laws and provisions of the
Constitution of India applicable to Jammu & Kashmir State beyond the
strait jacket of the Instrument of Accession. Besides, Article 370 was
conceived as a temporary arrangement, with hopes of a full integration
in time to come.

Posted by Shailendra at 1:25 AM
Labels: article 370, India, J K, kashmir
2 comments:
kavi deependra said...
thank you very much ..for such valuable information...
kavi deependra

December 25, 2009 10:26 AM
Acme Consultants said...
This information cannot be considered as full information. Please give
the actual reason

February 27, 2010 4:11 AM
Post a Comment

http://rashtraman.blogspot.com/2008/08/article-370.html

SP, RJD pipe down, Govt not in a hurry for Women's Bill in LS
PTI
New Delhi, March 10, 2010

UPA allies SP and RJD on Wednesday piped down on their threat to
withdraw support to the government and the ruling coalition appeared
not to be in a hurry to press ahead with the Women's reservation bill
in the Lok Sabha.

A day after the Rajya Sabha passed the historic legislation, Trinamool
Congress leader Mamata Banerjee, whose party boycotted the voting, on
Wednesday met Congress president Sonia Gandhi who reportedly addressed
her concerns and assured her all parties would be consulted before the
historic legislation is brought before the Lok Sabha.

However, Banerjee continued to sulk over Congress attitude when she
walked away from the Rajya Sabha during the discussion on the Railway
budget after a Congress leader made a veiled attack on her suggesting
she was not following "Cabinet discipline".

The timing of tabling the bill in the Lok Sabha was a matter of
speculation amid reports that the Government does not want to take any
chance with the crucial money bills to be voted before the House
adjourns for a recess on March 16.

However, Law Minister Veerappa Moily dismissed any fears of threat to
the government on the issue of financial business saying government
had the numbers and there was no deliberate strategy to delay the
Bill.

Parliamentary Affairs minister P K Bansal gave no indication of the
Bill being brought before March 16, saying "We want everyone on board.
We will certainly try for a congenial atmosphere."

On the other side, the Bill's strong opponents SP chief Mulayam Singh
Yadav and RJD chief Lalu Prasad, who had threatened to withdraw
support over its passage, did not execute their threat today.

Women's Bill to be in place in two years

It will be more than two years after the Women's Reservation Bill is
passed in Lok Sabha for it to be implemented because of the long
subsequent legislative and other processes associated with it.

"It will take a minimum of two years. Just like the delimitation
process...a commission or a committee it will take two to two-and-a-
half years from now. The process is such," Moily told PTI.

However, he expressed confidence that the reservation of seats and the
identification of 181 of the 543 seats for women in Lok Sabha will be
in place "definitely" before the next Lok Sabha elections due in 2014.

Apart from reserving seats in Lok Sabha, the Constitution Amendment
Bill, which was passed by Rajya Sabha on Tuesday, seeks to provide
reservation for women in 1,370 out of a total of 4,109 seats in 28
assemblies.

The principle of reservation of seats for women will also apply to
seats reserved for SC/ST candidates.

The Bill also provides for rotation of seats reserved for women every
Lok Sabha.

Explaining the process, Moily said once Lok Sabha passes the Bill and
the President signs it it will be sent to all the states for
ratification.

At least 14 of the 28 states will have to ratify the legislation for
it to become a law. This process, Moily said, may take about nine
months.

Women's bill in LS likely on March 15

The Women's Reservation Bill, which has been passed by Rajya Sabha,
may be tabled in Lok Sabha on March 15 or 16 but a final decision on
it will be taken by the Business Advisory Committee which meets on
Friday.

"The BAC is meeting on Friday. It will have to decide the date," Law
Minister M Veerappa Moily told reporters when asked when the
Constitution (108th Amendment) bill would be tabled in the Lower
House.

Replying to questions, Moily said the bill could be tabled on March 15
or March 16.

He expressed confidence that the bill that provides for 33 per cent
reservation for women in Lok Sabha and state assemblies would have a
smooth sailing in the Lower House of Parliament too.

The bill was passed in the Rajya Sabha yesterday with overwhelming
majority, with 191 voting in favour and only one against among those
present in the House.

Moily said the government has some other agenda like the Finance bill
and some legislations to replace ordinances that are needed to be
taken up urgently.

Asked whether there was any plan to revoke suspension of the seven
Rajya Sabha members considering demands for the same, the Law Minister
evaded a direct reply and merely said, "The Congress and UPA
government are not interested in keeping out members of either Lok
Sabha or Rajya Sabha. That is not our legacy. Our legacy is to involve
everybody.

No quotas within quota, no threat to Govt: Moily

Government ruled out providing 'quota within quota' for OBCs and
Muslims in the Women's Reservation Bill and said there was no
deliberate delay in bringing the measure to Lok Sabha on perceived
threat to its stability.

Unfazed by threats of withdrawl of support by allies like SP and RJD,
the Government is absolutely confident and has no worries about
numbers in Lok Sabha or about passage of the money bills in the lower
house.

"There is no provision for sub quota for OBCs or minorities under the
present scheme of things in Constitution and also because there is no
data available even today on communities and castes under the census,"
Moily said.

BPCC suspends Lalu's relative, Tytler says no

Congress in Bihar suspended RJD chief Lalu Prasad's relative Anirudh
Prasad alias Sadhu Yadav for reportedly speaking against Women's
Reservation Bill, but AICC general secretary in-charge of state
affairs, Jagdish Tytler, said no such measure was taken against him.

"He does not stand suspended as announced by BPCC president Anil
Sharma earlier in the day," Tytler told reporters in Patna.

Yadav had personally explained his position to him stating that he
believed in the policies and programmes of the Congress, Tytler said.

"Yadav has explained to me that he was not averse to the party line on
the Women's Reservation Bill. "I have asked Yadav to explain his
position in writing to which he has agreed," Tytler said.

Yadav, brother-in-law of Lalu, said, "I have not said anything on the
issue. Since the assembly elections are around the corner, some vested
interests in the party are playing dirty politics to malign me."

Earlier in the day, the BPCC chief said, "We have taken a serious note
of Yadav going to the extreme step of violating the party lines on the
bill and suspended him with immediate effect."

According to reports, Yadav had threatened to resign from the Congress
to protest against its stand on the Bill. He had switched over to
Congress following differences with Lalu on allotment of party ticket
before the last Lok Sabha election.

AP Cong demands Bharat Ratna for Sonia Gandhi

Hailing AICC president Sonia Gandhi for getting the Women's
Reservation Bill passed in the Rajya Sabha, women wing of the Andhra
Pradesh Congress demanded that she be awarded Bharat Ratna for her
valuable contribution for the empowerment of women in the country.

"We have faxed our demand to President Pratibha Patil already. We will
meet her soon and request her to confer Bharat Ratna on madam
Soniaji," state Mahila Congress president K Ganga Bhavani said in
Hyderabad.

She said a resolution has also been passed in this regard by the
Congress' women wing.

Gandhi Bhavan, the headquarters of the state Congress Committee, wore
a festive look with party members distributing sweets, bursting
crackers, lighting sparklers and dancing with joy over the passage of
the women's reservation bill in the Rajya Sabha.

The party members hit out at RJD chief Lalu Prasad, Samajwadi Party
supremo Mulayam Singh Yadav and Janata Dal (U) president Sharad Yadav
for opposing the bill.

"The behaviour of MPs who tried to snatch away and tear the papers was
abominable. If Lalu has so much love for dalits, then why had he made
his wife (Rabri Devi) chief minister. He could had made a dalit leader
the chief minister," T Venkata Ratnam, a woman Congress leader, said.

http://indiatoday.intoday.in/site/Story/89180/India/Thank+God,+we+don't+have+a+Thackeray+here:+Dikshit.html

ASK PRABHU

India Today ASK PRABHU Story As per our Constitution, an Indian can
stay or live in any part of India except Jammu and Kashmir. But some
political leaders, for their political gains, are opposing this. Is it
correct? I think the electronic media is more powerful to spread this
message.

March 3, 2010

The state of J&K enjoys a special status under Article 370 of the
Constitution. It doesn't permit people from other parts of India to
buy property in J&K. The BJP has been agitating for scrapping Article
370 but all other parties are opposed to such a move unless it is
proposed by the state assembly itself.

-Asked by Anil Kumar
anilkumarkasavar@gmail.com

http://indiatoday.intoday.in/site/Story/86445/Ask%20Prabhu/As+per+our+Constitution,+an+Indian+can+stay+or+live+in+any+part+of+India+except+Jammu+and+Kashmir.+But+some+political+leaders,+for+their+political+gains,+are+opposing+this.+Is+it+correct+I+think+the+electronic+media+is+more+powerful+to+spread+this+message..html

BJP believes in one nation one constitution: Nitin Gadkari
PTI
Saturday, March 20, 2010 21:37 IST

Madhopur (Punjab): Asserting it stands for "one nation one
constitution", the BJP today said the party is firm in its resolve to
scrap article 370 of the Constitution providing special status to
Jammu and Kashmir.

"The party stands for one nation one constitution slogan given by
Bharatiya Jana Sangh founder Shyama Prasad Mukherjee," BJP president
Nitin Gadkari said here on the occasion of unveiling of a statue of
the late leader.

He said the BJP will not dilute its stand on abrogation of Article 370
and there is a need to emulate Mukherjee, who "fought for scrapping of
permit system prevalent in those days which debarred people to enter
and move freely in Jammu and Kashmir".

Gadkari said his party is opposed to the Centre's policy on Kashmir,
which is mere appeasement to those who pose a threat to the nation,
and its mild approach to tackle Pakistan-sponsored terrorism.

Addressing the gathering, he said Pakistan continues to wage a proxy
war against India by sponsoring terrorism in J-K, while Naxalism is
posing an internal threat to the country.

The Centre has not yet come out with adequate measures to meet these
threats. The Government seems to be softening its stand on Pakistan
due to pressure of some foreign powers, Gadkari alleged.

"Kashmir is an integral issue and no talks with Pakistan can be
resumed unless it gives ample proof of striking hard on militants
operating from its soil.

"Pakistan should stop aiding and abetting terrorism in India," Gadkari
said.

Former deputy prime minister L K Advani in his address said while
Vallabh Bhai Patel and Mukherjee had a common resolve to see a strong
India, the British gave independence but with a rider that the rulers
of the erstwhile princely states could use their discretion on staying
with India.

Apparently referring to the "Mumbai for maharashtrians' issue, RSS
chief Mohan Bhagwat, who unveiled the statue, said Hindus were forced
to migrate from Jammu and Kashmir but the country belongs to all
Indians and regional chauvinism does not hold any place.

Punjab deputy chief minister Sukhbir Singh Badal, who was also present
there, said Mukherjee's photographs would be put up in the gallery
here.

Himachal Pradesh chief minister Prem Kumar Dhumal, state BJP president
Shanta Kumar, Punjab industry and local bodies minister Manoranjan
Kalia, Amritsar BJP MP, Navjot Singh Sidhu
were among those present on the occasion.

The place where the life-size statue of Mukherjee was erected was
named as 'Ekta Sthal'.

http://www.dnaindia.com/india/report_bjp-believes-in-one-nation-one-constitution-nitin-gadkari_1361427

Saturday, March 20, 2010

A possible deconvolution for the convoluted logic of RSS: What Mohan
Bhagwat could have said ....

In a recent blog entry the chief of RSS, Mr. Mohan Bhagwat (MB) was
criticised for saying: He who is an Indian is a Hindu and he who is
not a Hindu is not an Indian.

A long and winding debate ensued. It was desirable to retain the
informal notions related to the words Hindu and Indian, and yet
certain specificity was needed for precision, unambiguousness and
substantiveness.

Mr. Thammayya, in one of his comments, had asked: Hey, I have another
suggestion. What do you think, MB should have told? Interesting to
know this.

I have recently outlined an abstract version of Hindu-WOL (Hindu Way
of Life), terming it, for various reasons, Sanatana Dharma. In light
of this article, here is my take on what MB could have said:

One of the essential underpinnings of an open and free mind regarding
religious truths is: There can be points of view regarding the Truth
and the ways of attaining the Truth which are seemingly quite
different from the ones I uphold but are equally valid.

Hindus pursue and practice such openness and freedom.

A belief in exclusive monopoly regarding religious truths and/or
insistence on one's concrete details regarding the same, is
inconsistent with this notion of freedom.

India, in our view, is a home-nation for Hindus. Those who are not
Hindus are not legitimately Indian.

Remarks:

0. The term Hindu is not defined comprehensively here. And yet,
whatever is essential for for the political debate is captured in
terms of the concepts of openness and freedom.

For example:

a. The term Hindu is free from geographical, racial, linguistic,
regional connotations and overtones.

b. So there can be Hindus residing as citizens of other nations.

1. Similarly, India, although not defined comprehensively, is hinted
in the last sentence, to be the current geopolitical entity, whose
citizens we are. This suffices for the political debate.

For example:

a. The term India is free from racial, linguistic, and regional
connotations and overtones.

b. Those, who are currently residing in India as citizens but do not
honor this openness and freedom are termed illegitimate citizens.

This allows us to use the terms "Hindu" and "India" with specificity
necessary for the relevant aspects of political debate, while
retaining the same informal notions regarding these words, which most
of us may entertain.

Nonetheless, this is still a tentative version, and is open to be
improved upon. Readers' suggestions are welcome.

Interestingly, a Dutch Politician, Geert Wilders has said many things
which RSS could have, and should have articulated long long ago. Some
of these are, I have provided links obtained from the same wikipedia
page: "not tolerate the intolerant", "Ban Koran like Mein Kampf", and
"There might be moderate muslims, but there is no moderate Islam".

However, as I have repeatedly alleged, owing to intellectual lethargy,
among those who are supposed to provide India with political
leadership, these things have not happened here in India.

Posted by samAlochaka

http://medsyn.blogspot.com/2010/03/possible-deconvolution-for-convoluted.html

...and I am Sid Harth

== 2 of 2 ==
Date: Sun, Mar 21 2010 10:33 am
From: Sid Harth

Deepak Miglani L.L.M. M.D.U. Rohtak / Dinesh Miglani L.L.B Graduate
from Delhi University

Religious conversion has become the subject of passionate debate in
contemporary India. From the early 20th century onwards, it has
surfaced again and again in the political realm, in the media and in
the courts. During the last few decades the dispute has attained a new
climax in the plethora of newspapers, journals, and books whose pages
have been devoted to the question of conversion. Apparently, a large
group of Indians considers this to be an issue of crucial import to
the future of their country.

Generally Speaking, Religion is s system of faith and worship of
supernatural force which ordains regulates and control the destiny of
human kinds.

The Merrian Webster Dictionary defined , Religion as an organized
system of faith and worship, a personal set of religious belief and
practice, a cause, principle or belief held to with faith and order.

The Oxford Dictionary defined, Religion the belief in a super human
controlling power, especially in personal God or Gods entitled to
obedience and worship.

Swami Vivekananda perceives religion as - it is based upon faith and
belief and in most cases consist only of different sect of theories
that is the reason why we find all religion quarreling with each other.
1

According to Sage Aurobindo, The quest of man for God is the
foundation for religion & its essential function is the search for God
and the finding of the God. 2

Hinduism in the view of Dr. Radhakrishan is The main aim of the Hindu
faith is to permit image worship as the means to the development of
the religious spirit to the recognition of the Supreme who has his
temples in all beings.3

We can conclude from the above discussion that no universally
acceptable definition as to what exactly "religion" is. There appears
to be near unanimity that religion, generally, is a belief or faith in
the existence of a Supernatural Being and the precepts which people
follow for attaining salvation.

Religion may be regarded as belief and patterns of behaviors by which
human try to deal with what they view as important problems that can
not be solved through the application of known technologies and
techniques of organization. To overcome these limitations people turn
to the manipulation of supernatural beings and powers.

Religion consist of various rituals, prayers, songs, dances, offerings
and sacrifices, through which people try to manipulate supernatural
beings and powers to their advantages. These being and power may
consist of Gods and Goddesses, ancestral and other spirits or
impersonal power either by themselves or in various combinations . In
all societies there are certain individuals especially skilled at
dealing with these beings and powers and who assist other members of
society in their ritual activities. A body of myths rationalizes or
explains the system in a manner consistent with peoples experience in
the world in which they live.

Every individual has a natural entitlement of religious faith and
freedom of conscience , a right to adopt or abandoned any faith of his
own choice. In this sense freedom of religion and freedom of
conscience is fundamental right both constitutionally and
conventionally.

The freedom of religion and freedom of conscience has been recognized
under the international law. The General Assembly of united nations
adopted without dissenting vote on 10th December,1948 the Universal
Declaration on Human Rights recognizing fact that the entire humanity
enjoys certain alienable rights which constitute the foundation of
freedom, justice and piece in the world.

In order to give effect to the Universal Declaration of human rights
the members of the united nations of also adopted the two conventions
in 1966 in this concern:-

1. International Covenant on Economic, Social and Cultural Rights.
2. International covenant on Civil and Political rights.

The Government of India by its declaration dated 10.4.1979 had
accepted Universal Declaration of Human Rights and the two
international covenants with certain reservations which do not cover
the right to freedom of religion. Apart from this the Constitution of
India also enshrines the freedom of religion and freedom of conscience
as fundamental rights under Article 25,26,27,28,30.

Religious Conversion is multifaceted and multi dimensional phenomenon.
Indian society is a pluralist and heterogeneous society with
multiplicity of races, religious cultural, castes and languages etc.
Religious Conversion has always been a problematic issue in India.
Every incident of conversion causes lot of hue and cry in society;
especially it causes nostalgic feelings to Hindu organization because
of its inherent socio- political. Rigid and Stringent caste system
prevailing in Hindu Religion is one of the most significant factors
behind the religious conversion. This is because of this caste system
Dalits ( in most comprehensive and inclusive sense the word Dalit
includes Untouchables, Shudras and Adivasis) are the most susceptible
section of the society to religious conversion . The other causes of
conversion are

1. Polygamy which is prevailing in Islam
2. To get rid of unwanted matrimonial ties.
3. To get reservation benefits.

Polygamy is a system wherein a male person his authorized to keep more
than one wife/wives where all the other wife/wives are still alive, or
where a male person is authorized to solemnize more than one marriage.
Polygamy is just opposite to the system of monogamy. In the past
almost all the societies in the world have been either polygamous or
polyandrous. Monogamy was never a rule but an exception. Amongst all
the religions resourceful persons were allowed to keep as many wives
as he can afforded. But Islam has been exception to his general rule.
The Prophet Mohd. ( 571 AD-632 AD) the last messenger according to
Quaran laid down the principle for his followers that a person may
keep as many as four wives only and that too only in exceptional
circumstances prevailing in those days. The Prophet had allowed the
followers of Islam to keep four wives at one time because of the
contemporary reasons. During the life of Prophet the Arabian society
was the society of innumerable tribal communities and war was constant
phenomenon of those days in Islam. Hundreds of wars were fought
amongst those tribals can themselves, sometimes in the name of Jehad,
sometimes in the name of religion, sometimes for the sake of
established political hegemony. Only men were allowed to participate
in the wars and not the women. One of the obvious consequences of
these wars was that innumerable women became widows. One of the most
burning problem before the prophet was that how to manage the lives f
these destitute widows and the children. Nobody was there take care
for these helpless widows and children. So the prophet evolved out a
workable solution of the problem. He permitted the men that every man
would keep as many as four wives along with their children. So that no
widow or child would die out hunger starvation or illness. Through the
system every widow and her children were taken care of.

Here two important points are worth mentioning that:

1. The permission given by the prophet to keep more than one wives was
not a permanent prescription for all the times to come. But it was
only a temporary provision just to manage the cotemporary problems.
Along with the provision of keeping for wives the prophet imposed a
mandatory conditions upon the persons who might keep more that 1 wife
that if a person keeps more than one wife he must have an equal eye
upon all the wives. That is the principle of equality which was to be
observed and not to discriminate on any grounds whatsoever.

2. Keeping more than one wife was not prescribed as general rule. But
only an exception and that is only to deal with the above mention
contemporary problem. But after the life of the profit, the Muslim
leaders especially in India have misinterpreted the dictates of the
prophet in his concern and started receiving undue advantage of this
dictate of the prophet. Muslim religious leader and Ulemas have
maintained that the dictate of the prophet to keep four wives was not
a temporary provision rather it was a permanent dictate for all time
to come. This is how they have misconceived the dictates of the
prophet and justified and legitimized polygamy almost 1500 years after
the life of the prophet.

It is significant to mention that the practice of polygamy has been
abolished even in the constitutionally declared Islamic states long
ago but in India this practice is still valid under the Muslim
personal law. It is also pertinent to mention that the practice of
polygamy is anti feminist and it is discriminatory against Muslims
women because polygamy is a unilateral right provided only to Muslim
men. Therefore, it is suggested that the privilege of polygamy should
not be given Muslim community under their personal laws and uniform
civil code is the need of the hour.

The Impact Of Religious Conversion

The religious conversion into Islam by a person from non Islamic faith
is not valid if the conversion is done for the purpose of polygamy.
Neither Islam nor the law recognizing any such conversion in India. In
the case of Sarla Mudgal vs Union of India4 a married Hindu male
converted in to Islam for the sake of solemninising another marriage
as polygamy is permitted in Islam. The Hon'ble SC held that conversion
in to another faith Ipso-facto does not dissolve the first marriage
because no one is allowed to take the benefit of his own wrong.
Moreover the court held that the married person converting into Islam
is not entitle to marry another woman after conversion. It was held to
be an act of bigamy prohibited U/S 17 of Hindu Marriage Act, 1955 and
punishable U/S 494 of IPC and it was further observed that the second
marriage is void.

In Vilayat Raj vs Smt. Sunita 5 it was observed by the court that if
both the parties to the marriage were Hindu at the time of marriage ,
pre-nupital law i.e. Hindu Marriage Act applied even after conversion
in Islam.

In Lilly Thomas vs Union of India 6 it was observed that an apostate
husband is guilty of bigamy U/S 494 of IPC if he marriage another
woman after converting into Islam. It was observed that holding such
person guilty of bigamy is not violation of freedom of religion U/
Article 25 of the Constitution, hence, Section 17 of H.M.A. 1955 is
applicable.

From the above it is clear that after the pronouncement of the
aforesaid judicial verdicts, polygamy is no more a valued person for
religious conversion into Islam.

A person does not ceases to be Hindu nearly because he declares that
he has no faith in his religion. A person will not cease to be Hindu
even if he does not practice his religion till he does not renounces
his religion or starts living and behaving like an atheist or agnostic
or starts eating beef or insulting God or Goddesses. He does not
ceases to be member of the religion even if he starts expressing his
faith in any other religion , he continuous to be a Hindu Chandra
Shekharan vs Kulundurivalu7

If a person converts from Hindu religion to Sikh , Budhism or Jainism
he does not cease to be Hindu since all these religions do not fall
beyond the definition of 'Hindu' in the relevant section of Hindu
Marriage Act . He ceases to be Hindu if he converts into Islam
Christianity or Jews or Zoroastrain, conversion into these religion is
a ground for desolation of marriage for the other spouse and not for
the spouse who converts into any such religion ( U/S 13 H.M.A)

Under Section 80 of the Hindu Adoption and Maintenance Act, 1956 if
the husband gets converted into Non-Hindu faith wife is entitled to
live Separately without forfeiting her right of maintenance but if she
herself also ceases to be Hindu, she looses her claim of maintenance
under the section, But she is entitled under section 24 of H.M.A in
1955 for pedente-lite and permanent alimony.

Special Marriage Act 1954 reflects the true sprit of Indian Secularism
as it is in consonance with India 's heterogeneity and multiplicity of
religious faith. Conversion does not make any effect on matrimonial
ties as the Act is the secular legislations and itself contemplate
inter caste and inter religious marriages.

The Indian Divorce Act, 1869- If the husband gets converted into non
Christian faith, wife is entitled for divorce but vice versa is not
possible. If wife gets converted into non Christian faith husband can
not apply for divorce. NANG vs LABYA8

Under Dissolution of Muslim Marriage Act, 1939 Section 4 says if a
wife renounces Islam, the marriage does not Ipso-facto dissolve unless
the circumstances warrant otherwise.

The picture is complete if we account for the fact that most of these
laws are aimed to keep the low caste Hindus within the fold of
Hinduism. And so while law prohibits conversion, 're-conversion' of
low caste Hindus is permissible. If a low caste Hindu who had
converted to another faith or any of his descendants reconverts to
Hinduism, he might get back his original caste In Kailash Sonkar. 9

Major Events Of Conversion

Major events of conversion are not reported unless they are
highlighted by media or a hue and cry is made by Hindu Organization.
Following are the major incidents of religious conversion in post
independence.

Nagpur:- The Ist and the biggest mass conversion which the country has
ever witnessed, took placed on the 14th day of October 1956. Place
Nagpur, Maharashtra, the city where the headquarter of Rastriya
Swayamsewak Sangh is situated. About a half a million Dalits said good
bye to Hinduism from their life and embraced Budhism under the
leadership of the greatest social reformer, the great visionary and
the prophet of Dalit emancipation Dr. B.R. Ambedkar.

Meenakshipuram:- The significant event of religious conversion took
place on Feb 19th 1981 at Meenakshipuram of Kanyakumari District in
Tamil Nadu. Where 280 families got converted to Islam. All of these
280 families cited social reasons behind their conversion. These
reasons were persecution, ill treatment and humiliation they
constantly had to face at the hands of upper caste of Hindus which
made their lives miserable and worst than animals.

Dulina :- Another significant even t of religious conversion which
created a lot of hue and cry in the society took place at Gurgaon,
Haryana 2002. This all had happened after a very pathetic incident of
burning Five Dalits Alive by a mob of upper caste people in a police
station at Dulina in Jhajjar District in Haryana. Police remain silent
spectator. Now nothing was left for the families of these massacred
Dalits to remain in such a violent and hatred preaching system of
faith, where in Dalit have no place. All the five families of
massacred Dalits got converted in to Buddhism at Rabidas Mandir,
Gurgaon, Haryana on 28th October 2002 under the banner of All India
Confederation of SC/ST organization and the Lord Buddha club in the
presence of famous film director, All India Christian Council , Jamait
Ulma-I Hind and in the presence of Media Persons.

Another dimension of this event of conversion is that after these
event of conversion all the Saffron Hindu Organizations rushed to
these families and threatened them to face dire consequences on
account of the above said conversion. Due to assaults and threats and
under the pressure of these Hindu Organization, ultimately, these
sacred Dalit Families broke down and had to make a public statement
that we did not leave Hindu religion , we did not convert.

In July 2002 another incident of religious conversion took place
Guntur distt. Andhra Pardesh were 70 Dalits converted in to
Christianity.

Delhi:- In the year 2002 Udit Raj the Chairman of All India
Confederation of SC/ST Organizations and the Lord Buddha Club give a
national wide call for conversion. This conversion ceremony was
supposed to be performed at Ram Leela Maidan of Delhi . Around one
million Dalits were supposed to get convert into Buddhism.

The preparation regarding the conversion programme were on . This
nation wide call for the conversion got an unprecedented coverage in
national and international media. Dehydration to saffron Hindu
organization regarding such a massive programme of conversion, was
oblivious. These organization resorted all means to shut of the mouth
of media , so that this call may not reach the public at large. The
Ram Leela Maidan , where the programme was supposed to be organized ,
declared as prohibited area and Section 144 of Crpc was imposed in and
around the area, all borders of Delhi where from influx of Dalits, to
take Diksha, was possible were sealed. The Government was determined
to ensure by hook or by crook let the programme may not be organized.
Finally, the organizer had to change the spot for the proposed
programme . The Government could not succeed to curb the enthusiasm of
dalits and ultimately more than 10,000 Dalits succeeded to say good
bye to Hinduism and embraced Buddhism.

Right to freedom of faith is not a conferred right but a natural
entitlement of every human being. In fact law does not assign it but
it asserts, protect and insurers its entitlement. Indian Society has
nourished and nurtured almost all the established religion of the
world like Hinduism , Islam, Christianity, Buddhism, Jainism, Sikhism
etc. from it s time immemorial. Article 25 incorporates right to
practice, profess and propagation of faith not only this , the Article
guarantees the freedom of conscience. Right to possess adopt abandoned
faith is ascribed by a person since his birth. India is a
heterogeneous and pluralist society with multiplicity of faith and
cultures. India most fundamental code of governance. i.e. The
constitution of India also asserts, protects and ensures this right to
all individuals irrespective of their religions, under its various
provisions especially Art. 25.

Every human being has a natural entitlement of religious faith and
freedom of conscience and right to adopt or abandon any faith of his
own choice. This being so , the freedom of conscience has been
recognized as a basic human right both constitutionally and
conventionally.

The Constitution of India aims at securing freedom of religion and
freedom of conscience under Article 25 ,26,27,28,30 and at the same
time it seeks to create a harmony among all religions. Being suitable
to the pluralistic society and historical lineage . Such freedom needs
to continued. Any other policy will not be unconstitutional but also
extremely harmful and suffocative for the public. It. However, need to
be realized that an incessant process of transformation and change is
also going on as change is the rule of nature. The ideas , faith,
psyche, behavior and attitude of people have always been subject to
change, though, the factors of change are spatial and temporal. An
important aspect with respect to change of faith is the state of One's
awareness and ignorance. More awareness and enlightenment does
definitely have an impact on the thought, belief and action of a
person, faith and elements of conscience. Thus as regards conscience ,
state of knowledge is itself under a constant process of change and
every human being is undergoing a metamorphosis of understanding with
continuing with continuing process of experience of life and
learning . Therefore , it is advisable to tie up someone to a
particular faith for all the times.

But in Indian perspective , an aspect of freedom of conscience which
has attained a problematic dimension , is the right to propagate
faith. The meaning of propagation is to promote , spread and publicize
one's relating to his own faith for the edification of others. The
term propagation implies persuasion and exposition without any element
of fraud, coercion and allurement. The right to propagate one's
religion does not give a right to convert any other person to one's
own religious faith. It may be pointed out that the right to convert
other person to one's own religion is distinct from and individual
right to get convert to any other religion on his own choice. The
later is undisputedly is in conformity with the freedom of religion
and freedom of conscience under Article 25 of the constitution while
the former is the subject of long prevailing controversy with
reference to propagation of faith.

Religious conversion has always been a very sensitive social issue not
only because of the reasons that it has psychological concerns of
religious faith but also because it has wider socio-legal and socio-
political implications. It has also been revealed by the recent
incident of conversion in Haryana, Madhya pardesh , Tamil Nadu,
Gujarat , Orissa and in Delhi ( in Delhi according to official sources
around 20,000 dalits got converted in to Buddhism in the year 2002
under the nation a wide call for conversion by Udit Raj , the leader
of Justice party). On the one hand due to these recent incidents of
conversion the Hindu Safforn Organizations like R.S.S., V.H.P., Shiv
Sena , Bajrang Dal. etc. have made a lot of hub-bub and not only this
Mr. Atal Bihari Vajpayee, the former prime minister call for a nation
wide debate on conversion

The legislative history relating to the issue of conversion in India
underscores the point that the authorities concerned were never
favorably disposed towards conversion. While British India had no anti-
conversion laws, many Princely States enacted anti-conversion
legislation: the Raigarh State Conversion Act 1936, the Patna Freedom
of Religion Act of 1942, the Sarguja State Apostasy Act 1945 and the
Udaipur State Anti-Conversion Act 1946. Similar laws were enacted in
Bikaner, Jodhpur, Kalahandi and Kota and many more were specifically
against conversion to Christianity. In the post-independence era,
Parliament took up for consideration in 1954 the Indian Conversion
(Regulation and Registration) Bill and later in 1960 the Backward
Communities (Religious Protection) Bill, both of which had to be
dropped for lack of support. The proposed Freedom of Religion Bill of
1979 was opposed by the Minorities Commission due to the Bill's
evident bias.

However, in 1967-68, Orissa and Madhya Pradesh enacted local laws
called the Orissa Freedom of Religion Act 1967 and the Madhya Pradesh
Dharma Swatantraya Adhiniyam 1968. Along similar lines, the Arunachal
Pradesh Freedom of Religion Act, 1978 was enacted to provide for
prohibition of conversion from one religious faith to any other by use
of force or inducement or by fraudulent means and for matters
connected therewith. The latest addition to this was the Tamil Nadu
Prohibition of Forcible Conversion of Religion Ordinance promulgated
by the Governor on October 5, 2002 and subsequently adopted by the
State Assembly. Each of these Acts provides definitions of
`Government', `conversion', `indigenous faith', `force', `fraud',
`inducement' (and in the case of Arunachal, that of `prescribed and
religious faith'). These laws made forced conversion a cognizable
offence under sections 295 A and 298 of the Indian Penal Code that
stipulate that malice and deliberate intention to hurt the sentiments
of others is a penal offence punishable by varying durations of
imprisonment and fines.

As early as 1967, it became evident that the concern was not just with
forced conversion, but with conversion to any religion other than
Hinduism and especially Christianity and Islam. In the Orissa and
Madhya Pradesh Acts, the punishment was to be doubled if the offence
had been committed in respect of a minor, a woman or a person
belonging to the Scheduled Caste or Scheduled Tribe community. 10

Moreover, Jayalalitha government in Tamil Nadu has gone to the extent
of enacting ant-conversion legislation (Tamil Nadu prohibition of
forcible conversion ordinance 2003) to put a check on the incidence of
religious conversion. In April 2006 The Rajasthan Dharma Swatantrata
(religious freedom) Bill, introduced by the BJP government, was passed
by a voice vote. The Chattisgarh Government passed an anti-conversion
bill in form of Chattisgarh Religion Freedom (Amendment) Act, 2006
providing for a three-year jail term and a fine of Rs.20,000 for those
indulging in religious conversion by force or allurement. The Madhya
Pradesh Government also passed a controversial bill to amend the
state's Freedom of Religion Act of 1968 to prevent religious
conversion by force or allurement.

The contention of the Hindu organization is that most of the minority
religious organization, especially, Christian Missionaries are
actively involved in the activities of mass religious conversion in
the name of social service. According to them the target groups of
these Christian missionaries are generally illiterate and poor Dalits
and Poor tribes.

On the other hand many dalit organizations and Dalit thinkers have
perceived these recurrent incidents of religious conversions as great
events of Dalit emancipation from the clutches of the vicious Hindu
Caste System which is and has been a constant stigma on the face of
Indian society. According to them, Hindu Caste System is founded on
rigid and the stringent Caste hierarchy . Due to this inhuman and hate
worthy Caste system Dalits and Shudras (Untouchables) have always been
treated inhumanly, they have been subjugated, oppressed and persecuted
by the so called upper caste Hindus or Manu vadis in the name of
caste. Dalit thinkers also allege that Hindu Soceity could not make a
adequate reforms in Hindu religion during last more than 3000 years ,
so that a lower caste Hindu could not live with human dignity in Hindu
religion. According to them majority of Dalits and shudras
(untouchable) are illiterate deplorably poverty stricken and living in
sub- human conditions. They have been denied basic human rights even
after 59 years of independence, Moreover, in day today life they often
to face atrocities and exploitation at the hands of upper caste Hindus
in the name of caste. Hindu religion does not treat its all follower
alike, Hinduism discriminates against one segment of its followers vis-
à-vis the other and does not treat all of them equally. It has failed
to provide social dignity to dalit and shudras. Therefore, they think
that it is better to kick our such an obnoxious and suffocating
religion from one's life and to convert in a religious which does not
discriminate against them in the name of caste and which given them
equal treatment and dignified human life. That is why Dalits and other
progressive minds have supported the incidence of mass religious
conversion and consideration them to great events.

We can conclude from the above discussion that any protest against
religious conversion is always branded as persecution, because it is
maintained that people are not allowed to practice their religion,
that their religious freedom is curbed. The truth is entirely
different. The other person also has the freedom to practice his or
her religion without interference. That is his/her birthright.
Religious freedom does not extent (sic) to having a planned programme
of conversion. Such a programme is to be construed as aggression
against the religious freedom of others.

Finally, as far as Hinduism is concerned, besides it being vindicated
as a way of life, efforts must be made to augment its role as a form
of religion, that is, Hinduism must be practiced as a religion that
upholds the principles of personal freedom, self-dignity, social
equality and economic security. This will reduce the chances of
transgression by way of conversion in any manner. Scriptures like the
Vedas, Upanishads and the Gita should gather larger weight age and
reach the necessary quarters for sufficient lobbying to match the
access and emotional respect gained by the Bible and the Koran. The
image of a Hindu will go up not by blaming others for conversion but
by creating conditions that will make conversion by and large
unnecessary for the fellow members of his religion.

Foot Note:-

1. The Complete Words of Vivekananda, (1),P. 127
2. Shri Aurobindo-The Life Divine , P. 699
3. Dr. Radhakrishnan-Religion and Society, P. 103
4. AIR 1995 SC
5. AIR 1983 SC
6. AIR 2000 SC
7. AIR 1963 SC 185
8. AIR 1924 , Rangoon , 263
9. (1984) 2 SCC 91
10. http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2002121700110200.htm&date=2002/12/17/&prd=op&

Anti Superstition Law
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Anti Superstition Law

Pritha Jha - IVth year law student - ILS law college, Pune

Introduction:

The history of the anti superstition bill began in 2003, when the
first draft of the anti superstition bill was tabled. It was called
the Jadu Tona Andhshradha Virodhi bill of 2003. This was the first
bill of its kind ever to be tabled anywhere across the country.
However, the bill was met with strong opposition by most parties as
the definition of superstition was considered too vast. What was
superstition and blind faith to one could possibly be belief and faith
to another. Amidst these arguments, the bill was finally passed with
some amendments. Although the bill was pending before the central
government for its approval for almost seven months, problems arose
when the elections began. The governor was of the view that since the
government was going to change, it would not be appropriate to put a
new law in place. Hence, as fate would have it, the bill did not come
into force. That however, was not the end of the journey and 2 years
later a new draft was tabled in March 2005 much like the one that was
tabled in 2003 with subtle differences and an amended version was
finally passed on the 16th of December 2005. This review examines both
the bills of 2005. The bill of 2003 was unavailable. Whereas the bill
of 2003 had been drafted by Mr. Narendra Dabholkar of the Andhashradha
Samiti, the bill of 2005 was drafted by Mr. Shyam Manav.

The Bills:

A first reading of both the bills gives one the feeling that the new
draft has included a lot more people in its purview and has also made
mild, some of the provisions of the older draft. The March draft uses
the words to protect the poor and ignorant people in the society
Against blind faith, ignorance and customs born out of blind faith in
the name of god...black magic by so called god's men. The December
draft however uses the terminology of application to common people
customs thriving on ignorance and completely removes the usage of the
words blind faith...in the name of God and so called God's men. It is
thus quite clear that the present bill recognizes the fact that it is
not just the poor and the ignorant who can be victims of tantriks and
babas but also the people of the upper classes that may be affected.
It also wishes to avoid opposition over the usage of the words God's
men and in the name of God because practices and rituals practiced in
the name of God may be an expression of faith to some.

Short Title, Extent and Commencement:

The March draft of the bill was called the Maharashtra Eradication of
Black Magic and Evil Practices and Customs Act, 2005 whereas, the
final draft is called the Maharashtra Eradication of Black Magic and
Evil and aghori Practices Act, 2005.

The word Customs has been removed from the title and the word aghori
has been inserted possibly because of the difficulty in defining the
word Custom as would cater to the needs of this bill.

Definitions:

The definition clause has been severely shortened in the December
bill. The earlier bill included definitions of Black Magic. Magical
remedy. However, this has now all been covered in one clause. All the
words have the same meaning as they have been defined in The Drugs and
Magic Remedies (objectionable advertisements) Act, 1954 and the
criminal procedure code, unless, they have been expressly defined in
the bill. However, there are still certain terms such as Aghori, jaran-
maran, buvabaaji, devi mata or dev devaski which find no definition in
the Bill.

A rather large definition had been provided for in the March bill for
practice of Black Magic or blind faith. It included practice by a
person or through another by claiming to possess supernatural powers
or divine powers or power of the spirit for treatment or for curing or
for healing physical and mental ailments thereby causing material or
financial loss to a human being. This definition would have thus
included other varied practices such as Voodoo, Wicca and Reiki. This
however has completely been removed from the present bill. This is
probably one of the biggest reasons why the present bill was labeled
as anti-hindu, because it does not seem to cover the practices of
other religions such as Islam and Christianity.

A noticeable change is that of the inclusion of Doctors and medical
practitioners in the present bill. The earlier bill expressly excluded
this class of people. This would have given a license to doctors to
practice black magic; hence it has rightly been included.

Registered medical practitioner as defined under the Drugs and Magic
Remedies Act 1954, means any person, -

(i) who holds a qualification granted by an authority specified in, or
notified under Section 3 of the Indian Medical Degrees Act, 1916 (7 of
1916) specified in the Schedules to the Indian Medical Council Act
1956 (102 of 1956); or

(ii) who is entitled to be registered as a medical practitioner under
any law for the time being in force ;in any State to which this Act
extends relating to the registration of medical practitioner;

Prohibition of Black Magic:

Both the bills prohibit the promotion, propagation and the practice of
Black Magic. The December Bill also prohibits the promotion, practice
and propagation of aghori practices. This also included people who
abet or attempt to commit any act punishable under this Act.

The March Bill provided that any person who contravenes the provisions
of the Act would be punishable with a term extending to seven years or
with a fine extending to fifty thousand rupees or with both. The
revised version of the bill however provides a minimum sentence of six
months extending to seven months along with a fine, the minimum limit
of which is provided at fifty thousand rupees. Hence the amended bill
comprehensively necessitates the imposition of both imprisonment and
fine.

Jurisdiction to try offences:

Both bills declare the offences punishable under the Act as cognizable
and non-bailable. No court inferior to that of a Metropolitan
Magistrate or a Magistrate of the First Class is permitted to try any
offence under the Act.

Offences by companies:

Both bills provide that if any offence is committed by a company then
every person in charge of and responsible to the company at the time
of commission of the offence for the conduct of its business would be
deemed guilty. It however, expressly excludes people who did not have
knowledge of the commission or people who had exercised all diligence
to prevent its commission. It also provides that if such an act is
committed with the consent or due to the neglect of any director or
manager or secretary or any other officer of the company who is
responsible for the exercise of due care then such a person would also
be deemed to be guilty under the Act.

A separate definition has been provided for a company under both the
bills which includes firms, an association of persons or body of
individuals, whether incorporated or not. Where the March Bill
includes trusts in the definition of a company, the December bill does
not. The reason for the exclusion of the same is unclear.

Vigilance officer:

There is a slight difference in the manner of defining the vigilance
officer in both the bills. The March draft provided that the vigilance
officer, who would be one or more police officers of the rank of an
inspector of Police, would be appointed for the whole State or such
part of the State as may be specified. However, the December draft now
changes this to one or more police officers for one or more police
stations as may be specified. The December bill thus does away with
the ambiguity of appointed police officers for parts of the State.

Where the duties of the Vigilance officer are concerned, most of the
duties remain the same. The earlier bill however, empowered the
officer to detect and prevent the contravention of the Act and to
report cases to the nearest police station within his jurisdiction.
However, the present bill lays a greater duty on the vigilance officer
because it requires him to take quick and speedy action in case a
complaint is filed at the police station by a victim. It also requires
him to give necessary advice, guidance and help to the concerned
police station. The rest of the duties such as collection of evidence,
performance of other duties as notified from time to time remain the
same under both the bills.

The March bill however, provided that the Vigilance officer shall
associate himself with the members of recognized organizations within
the area of his jurisdiction and co-ordinate with such organizations.
It further goes on to state what these recognized organizations would
be and what their duties would be. The bill stated that any social
organization which had been established and registered for not less
than two years under the provisions of the Bombay trusts Act, 1950 or
the societies registration Act, 1860 may apply to the state government
for recognition. It further provided that the government may accord
such recognition after due enquiries. It appears that the
Andhasharadha Samiti, being an organization which would fit in this
category wanted to be at the forefront of such activities while
drafting the bill. Being a recognized organization, the Vigilance
officer would then be forced to work in co-ordination with the
organization by virtue of section 6(3). This provision has been
deleted from the December Bill.

Power of Entry, Search etc:

The Act will give tremendous powers to the Vigilance officer as he
will have the power to enter and search any premises in which he has
reason to believe that an offence has been or is being committed. He
will also have the power to seize any instruments or material or
advertisements which he has reason to believe were being used for the
commission of the crime. It also gives him the power to seize any
other objects which according to him would help prove the crime. The
provisions of the criminal procedure code would apply to any search or
seizure under the Act as would apply to any search or seizure made
under the authority of the warrant issued under section 94 of the
Criminal Procedure Code.

Protection of action taken in good faith:
Common to both bills

The provisions of section 159 and 160 of the Bombay Police Act, 1951
shall apply to acts done in good faith by the Vigilance Officer as if
he were a police officer within the meaning of that Act.

Application of the provisions of the Code:
Common to both bills

The provisions of the Code shall apply to the investigation and trial
of the offences under this Act. Both the bills also go on to state
that this Act shall be in addition to and not in derogation of any
other law for the time being in force.

Publication of the fact of conviction:

Both bills make provisions for convicting courts to order the
publication of the name and the place of residence of the person
convicted in the local newspaper where the offence has been committed.
No such publication however, may be allowed until the appeal has
finally been disposed of.

Rules:

Both bills also make provisions for the making of rules to carry out
the purposes of the Act by notification in the official gazette. The
procedure for the making, modification and the annulment of such rules
has also been provided for under the Bill.

Power to remove difficulty:

This is an extremely ambiguous provision that had been put forth in
the bill of March which was removed in the new bill. It provides that
in case the State government encounters any difficulty in giving
effect to the provisions of the Act then the Government may take such
steps by notification in the official gazette as it may deem necessary
to remove such difficulty. Such an order, however, could not be given
before the passing of two years of the commencement of the Act.

Savings:

The bill of December 2005 provides for a provision which clarifies
that the Act would not apply to acts involving religious rites and
rituals which do not affect any person mentally or physically. This
has been done in order to avoid a religious uproar. It at the same
time however, also creates certain ambiguities as many acts can be
committed under the guise of being a religious act or a religious
ritual.

Schedules:

The schedule to the bill of March specified the acts which were
considered as offences. This has almost completely been changed in the
new bill and very little of the old bill has been retained. Whereas
the first bill listed out 27 practices, the new bill lists only 12.

The schedule to the March Bill included:

1) Under the pretext of expelling the ghost, assaulting by tying a
person with rope or chain, beating by stick or whip, to make the
person drink footwear soaked water, giving chili smoke, hanging a
person to the roof, fixing him with rope or by hair or plucking his
hair causing pain by way of touching heated object to organs or body
of a person, forcing a person to perform a sexual act in the open,
practicing aghori acts by chanting mantras, putting urine or human
excretion forcibly in the mouth of a person.

This clause has completely been retained. Only the words by chanting
mantras have been removed from the new bill in order to avoid
religious opposition. Chanting mantras need not necessarily be in
connection of aghori practices and is also used for religious
practices and to connect it with aghori would have caused religious
uproar.

2) Display of so called miracles by trying to create an impression of
existence of the things beyond or contrary to proven scientific rules
and to deceive, cheat or terrorize any person by propagation and
circulation of such practices. The wording of this section has
completely been changed and it now reads as follows:

Display of so called miracles by a person and thereby earning money
and to deceive, defraud and terrorize people by propagation and
circulation of so called miracles.

The intention of the legislators here appears to be that it is not the
belief of the people that should be attacked but only the people who
want to derive monetary gain out of display of miracles who should be
attacked. Even God is beyond scientific proof but the impression of
His existence cannot be challenged. Beliefs such as these cannot be
challenged under the guise of deception or terrorism. Another question
which arises is would magicians now be allowed to display their magic
for entertaining people? Although magic is not used always to
terrorize people, it does have that effect during the performance of
certain tricks.

3) Doing any inhuman act for search of precious things, bounty, water
resource in the form of karni, bhanmati and making or trying to make
human sacrifice by making jaran-maran, buvabaaji, devi mata or dev
devaski.

The following clause has been more appropriately drafted in the latest
bill and it now reads as follows: Doing any inhuman act in search of
precious things, bounty, water resource or for similar reasons in the
name of karni, bhanamati and making or trying to make human sacrifice
in the name of jaran-maran, or dev-devaski or to advice, instigate or
encourage committing of such inhuman acts.

The words buvabaaji and devi mata have been excluded and the other
words highlighted have been included. Thus not only the act itself but
also the instigation or the propagation of the act would comprise the
offence.

4) In case of dog bite, knowingly committing the act of giving
unscientific treatment of mantra tantra, gandadora and herbs, etc. to
a person infected with rabies instead of modern medical treatment or
preventing him from accepting the same.

Only a part of this clause has been retained and other bites such as
those of a scorpion and a snake have been included. A separate clause
had been put for snake bites in the earlier bill. This has now been
included in the same clause. Thus if a person is bitten by any of
these and such a person is treated by mantra tantra and ganda dora, it
would be an offence. The usage of herbs has been excluded. It is a
proven fact that herbs have medicinal value and hence its usage has
been allowed under the present bill unlike its prohibition in the
earlier one.

5) Piercing needle, and nails or other such objects in the arm,
tongue, chicks or any other part of the body, pricking pointed objects
in the body, whipping oneself, to bang oneself on the wall of temple
with intention of fulfilling the prayer made before God or commitment,
cutting oneself with a sharp instrument on one's forehead and on any
other part of the body or to inflict self injury or committing any act
in public place which causes pain to normal human being in the name of
religious customs or traditions. This provision has completely been
removed from the present bill.

These acts need not be committed in religious faith. People pierce
their tongues even in the name of fashion. Again, a practice which may
not make sense to a person may make sense to another because he has
faith in it. Hence, such exhaustive provisions cannot be put into the
Bill.

6) Defrauding people, in the name of God and faith to have illicit
sexual relationship with women or men either natural or unnatural,
with or without consent of the person involved.

This provision has been deleted from the present bill because these
acts have already been declared to be illegal under the Indian Penal
Code and hence they are not necessary.

Instead, the following provisions have been included:

To create an impression that oneself is having special supernatural
powers, incarnation of another person or holy spirit, or that the
devotee was his wife, husband or paramour in past birth thereby
indulging in sexual activity with such person.

To keep sexual relations with a woman who is unable to conceive
assuring her of motherhood through supernatural powers.

7) Create or to propagate of inviting spirit of God or Goddess through
any person as a medium. This has been removed from the present bill
and the following has been included:

To create an impression by declaring that a divine spirit has
influenced one's body or that a person has possessed such divine
spirit and thereby create fear in the mind of others or to threaten
others of evil consequences for not following the advice of such
person.

This provision makes clear that it is not merely the practice of
inviting a spirit that is causing harm but the fact that it is being
propagated in society causing fear in the minds of the people. This
needs to be stopped.

8) Assuring any woman to perform gopala santan ritual in the fourth
month of her pregnancy for birth of a male child, operating stomach by
fingers, diagnosing disease by placing stone, farshi (tile) on the
head, making use of improper and harmful methods to diagnose and treat
diseases and illness; claim to have divine remedies for abortion,
contraception, enhancement of physical satisfaction in the sexual act
for men and women, increasing their sexual powers, menstruation
problems, conceiving, etc.

In the disguise of offering motherhood by performing some divine act
or magical remedy keeping sexual relations with women who are unable
to conceive, deflowering them, keeping illicit sexual relations with
them.

This has now been removed and a short provision stating that claiming
to perform surgery by fingers or claiming to change the sex of a
foetus in the womb of a woman, has been put in place.

9) To spread threat amongst the people by way of invoking by mantras,
putting up a false show to make a person free from poisonous
infection, creating an impression that there is ghostly or divine
wrath causing physical injuries and stopping a person from taking
medical treatment and instead diverting him to practice aghori acts or
deeds.

The following provision in this regard has been included instead:

To create panic in the mind of public in general by way of invoking
ghosts by mantras, or threaten to invoke ghost, putting up a false
show to make a person free from poisonous infection by invoking
mantras or similar things, creating an impression that there is
ghostly or divine wrath causing physical injuries and preventing a
person from taking medical treatment and instead diverting him to
practice aghori acts or treatment, threatening a person with death or
causing physical pains or causing financial or psychological harm by
practicing or tend to practice mantra-tantra (chetuk), black magic or
aghori act.

10) In the name of jaran maran, karni or witchcraft (chetuk),
assaulting any person, parading him naked, excommunicating or
declaring any person as outcast or to expel a person from society or
put a ban on his activities, declaring such person as possessed by
evil spirit or incarnation.

To appear in the state of complete nakedness in the public place and
misbehaving with women by treating oneself as awaliya baba or baba
with divine power.

This has now been substituted by the following two acts:

By declaring that a particular person practices karni, black magic or
brings under the influence of ghost, or diminishes the milching
capacity of a cattle by mantra tantra, or create suspicion about such
person, or similarly accusing a particular person that he brings
misfortune to others or is responsible for spread of diseases and
thereby making the living of such person miserable, troublesome or
difficult, to declare a person as Satan or incarnation of Satan.

In the name of jaran maran, karni, or witchcraft assaulting any
person, parading him naked or put a ban on his daily activities.

11) To create an impression that insanity has been caused to a person
due to influence of ghost or divine power and to conduct mantra tantra
to cure him by way of sacrifice of hen or goat or any other animal.

Cheating people in the false hope of providing freedom from madness,
offering treatment to patients of serious or terminal illnesses by
offering stones with the powers of mantras, finger ring, bangle,
jogstick or thread, tait, ganda dora, etc, with such false hope.

This has now been replaced by: To create an impression that a mentally
retarded person is having super natural power and utilizing such
person for business or occupation.

The following provisions have also been removed:

Causing disturbance in society in general or creating panic or cause
intimidation by way of chanting Mantra or Tantrik action in the name
of exorcising a ghost or to free a person from the influence of ghost
or evil spirit.

By declaring that Devi, a spirit has influenced one's body, create
disturbance by shouting and thereby spreading threat and disturbing
the general peace, declaring the names of the persons who has done
karni, etc, thereby making the living of such a person miserable of
difficult, to provide unscientific cure to psycho somatic conditions
such as giving angara, pendant, etc. to the people. Haunting a person
with an influence of ghost by practicing witchcraft which cannot be
proved with the help of modern science. Treating any disease with the
help of mantra tantra without authorized or recognized medical degree
under the law for the time being in force. Threatening a person with
death or causing physical pains or causing financial or psychological
harm by mantra tantra (witchcraft), Black Magic or by practicing
aghori treatment.

Trying to make believe burning of things, vanishing of things,
appearance of cross marks on the body, etc, as effect of bhanamati and
claiming treatment for the same. Claiming to perform miracle by
burying oneself in the ground. Under disguise of offering God's
blessings, cheating people by way of accepting money or any other
belongings, by unlawful means. In the name of religion, Holy
Scriptures, God and Goddesses, display of false extraordinary powers,
indulgence in free sexual relations, adopting unethical and corrupt
means for cheating and duping people. Compelling women to enter into
prostitution and committing atrocities against them, by cheating them
under blind faith.

The following other provisions have been included:

With a view to receive blessings of super natural power to follow the
evil and aghori practices which cause danger to life or grievous hurt;
and to instigate, encourage or compel others to follow such practices.

Conclusion:

This is a noble effort of the legislators to put an end to the
atrocities being committed in the name of religion. Throwing people in
burning flames to cure people of Chicken Pocks, writing Ram on the
doors of the house to prevent the unholy ghost from entering the house
is becoming increasingly common these days. Although the intentions
are good, as has been seen in the past, not all legislations score
high marks where implementation is concerned. Some fail more so
because people refuse to follow them and because it appears to be
against the customs and traditions of the people. Literacy drives
would have been more appropriate for such a personal subject. No
committee has been put in place under this bill that would go around
educating people about the evil effects of these practices. Another
thing that comes across is that most of the acts named in the bill
would be offences in itself, the only difference is that their
commission under the guise of religious practice would henceforth also
be termed as an offence. Nevertheless, the success of the bill still
remains to be seen.

The author can be reached at :prithajha@legalserviceindia.com

http://www.legalserviceindia.com/articles/statl.htm

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controversy before a law court or simply put a 'lawsuit'...
http://www.legalserviceindia.com/article/l452-Litigation-&-Delays-in-India.html
Freedom of Press: A Free press stands as one of the great interpreters
between the Government and the people. To allow it to be fettered..
http://www.legalserviceindia.com/article/l448-Freedom-of-Press.html
Prosecution of Public Servants: This article deals with the much
disputed area of law, wherein the question relates to the
appropriate.....
http://www.legalserviceindia.com/article/l438-Prosecution-of-Public-Servants.html
L. C. Golaknath V. State Of Punjab: In the famous case of Golaknath V.
State Of Punjab, in the year 1967 the Court ruled that Parliament.....
http://www.legalserviceindia.com/article/l426-L.-C.-Golaknath-V.-State-Of-Punjab.html
Changing Sovereignty in The Light Of WTO: Sovereignty means the right
of the nations to govern them. This concept has fostered .....
http://www.legalserviceindia.com/article/l403-Changing-Sovereignty-In-The-Light-Of-WTO.html
Supreme Court is the final Pedestal for justice: the supreme is the
final and the highest authority for which a person ca go for appeal
into....
http://www.legalserviceindia.com/article/l386-Supreme-Court-is-the-final-Pedestal-for-justice.html
Limits Of Judicial Review: Judicial review means the reconsideration
of a degree or sentence.....
http://www.legalserviceindia.com/article/l405-Limits-Of-Judicial-Review.html
Whether Section 377 of IPC Constitutionally Valid: It is humbly
submitted that the Part III of the constitution primarily carries the
common theme...
http://www.legalserviceindia.com/article/l392-Whether-Section-377-of-IPC-Constitutionally-Valid.html
Constitutionalism - changing paradigm: A constitution is a charter of
government deriving its whole authority from the governed....
http://www.legalserviceindia.com/article/l385-Constitutionalism---changing-paradigm.html
Doctrine of Frustration & Force-Majeure Clause: There is always a
sense of confusion when it pertains to Doctrine of Frustration....
http://www.legalserviceindia.com/article/l289-Doctrine-of-Frustration-&-Force-Majeure-Clause.html
Judicial Accountability & Separation Of Power: Judiciary Unlimited -
an unelected judiciary which is not accountable to anyone except its
own temperament has taken over significant powers....
http://www.legalserviceindia.com/article/l360-Judicial-Accountability-&-Separation-Of-Power.html
Article 370: Article-370 was created with a view that its existence
would be temporary. ...
http://www.legalserviceindia.com/article/l256-Article-370.html
Doctrine of pleasure and its proviso article 311 of Indian
Constitution: How these articles regulates the functioning of
government servants and what are the remedies available to
government..
http://www.legalserviceindia.com/article/l253-Doctrine-of-pleasure-and-its-proviso-article-311-of-Indian-Constitution.html
Right to Information in India: A democratic society survives by
accepting new ideas, experimenting with them, and rejecting them if
found ...
http://www.legalserviceindia.com/article/l188-Right-to-Information-in-India.html
Preamble- A Key To Open The Minds Of The Framers Of The Constitution:
The Preamble to a Constitution embodies the fundamental values and the
philosophy, on which the Constitution is based,
http://www.legalserviceindia.com/articles/pre_mb.htm
Supreme Court the Final Pedestal of Justice: A law may be defined as
an assemblage of signs, declarative of a volition, conceived or
adopted by the sovereign in a stage...
http://www.legalservicesindia.com/articles/sc_c.htm
Constitution-Judicial Democracy: Judiciary is that branch of
government that interprets the laws or says what the laws mean &
democracy means a form of government...
http://www.legalserviceindia.com/articles/thyg.htm
Doctrine Of Basic Structure (Constitutional Law): It is very difficult
to state a single and accurate definition of the term ?law? as it is a
general term and has different connotations for different people.....
http://www.legalserviceindia.com/articles/thyg.htm
Racism - Society's Cancer: Racism refers to beliefs, practices, and
institutions that negatively discriminate against people based on
their perceived or ascribed race....
http://www.legalserviceindia.com/articles/rac.htm
Dual Citizenship: The status of being a citizen of a specific nation
state, signifies a person's legal status and carries with it numerous
consequences.....
http://www.legalserviceindia.com/articles/dual_cet.htm
Writ Of Habeas Corpus For Securing Liberty: The concept of writ
essentially originated in England & to issue appropriate writ.....
http://www.legalserviceindia.com/articles/wha.htm
Nature Of The Indian Constitution: Judicial Exposition: The
Constitution of India is not an end but a means to an end, not mere
democracy...
http://www.legalservicesindia.com/articles/c1onst.htm
Doctrine Of Constitutional Tort: Under the English Common Law the
maxim was "The King can do no wrong" and therefore, the King was not
liable for
http://www.legalservicesindia.com/articles/dct.htm
Right to die- " To be or not to be?": The care of human life and
happiness and not their destruction is the first and only legitimate
object
http://www.legalservicesindia.com/articles/die.htm

Sustainable Development and Indian Judiciary:

Right to wholesome environment is a fundamental right protected under
Article 21 of the Constitution
http://www.legalserviceindia.com/articles/jud.htm
Austianinan Concept Of Sovereignty: Austin places the notion of
sovereignty at the basis of his theory of law. Austin borrowed from
http://www.legalservicesindia.com/articles/sover.htm
Legality Of Foreign Judgments: The article/paper aims to study the
binding nature of the foreign judgments i.e. judgments...
http://www.legalservicesindia.com/articles/fore.htm
Constitutional Position of Jammu and Kashmir: Under Part XXI of the
Constitution of India, which deals with Temporary, Transitionalr ..
http://www.legalserviceindia.com/article/l281-Constitutional-Position-of-Jammu-and-Kashmir.html
Supreme Court is the final Pedestal for justice: the supreme is the
final and the highest authority for which a person ca go..
http://www.legalserviceindia.com/article/l386-Supreme-Court-is-the-final-Pedestal-for-justice.html

http://www.legalserviceindia.com/constitution/const_home.htm

Written By : Deepika Bansal - Student Law

The Constitution of India is the supreme law of the land, which is
fundamental in the governance of India. The Constitution of India was
enacted on 26th November, 1949 and was adopted on 26th January, 1950.
The Draftsmen of the Indian Constitution took inspiration from
Constitutions all over the world and incorporated their attributes
into the Indian Constitution. For example Part III on Fundamental
Rights is partly derived from the American Constitution and Part 1V on
Directive Principles of State Policy from the Irish Constitution.

A Constitution should be a dynamic document. It should be able to
adapt itself to the changing needs of the society. Sometimes under the
impact of new powerful social and economic forces, the pattern of
government will require major changes. Keeping this factor in mind the
Draftsmen of the Indian Constitution incorporated Article 368 in the
Constitution which dealt with the procedure of amendment. Due to
Article 368 the Indian Constitution can neither be called rigid nor
flexible but in fact it is partly rigid and partly flexible. Articles
of the Indian Constitution can be amended by a simple majority in the
Parliament (Second Schedule, Article 100(3), 105, 11, 124, 135, 81,
137), or by special majority that is majority of the total membership
of each house and by majority of not less than two thirds of the
members of each house present and voting , or by Ratification by the
State Legislatures after special majority (Article 57, 73, 162,
Chapter 1V of Part V, Chapter V of P!
art V1, Seventh Schedule, representation of the State in Parliament
and provisions dealing with amendment of the Constitution).

During the 50 years of the Constitution, more than 80 amendments have
taken place. The founding fathers of the Indian constitution who
granted more rights to the people without balancing them with their
duties, perhaps did not foresee the emergence of present political
environment, wherein the political players of various segments in the
country are more interested in fulfilling their individual aspirations
than the aspirations of the people. There is an element of truth in
this
criticism. The fact is that the ease in the amending process of the
Indian Constitution is due to the one party dominance both at the
Centre and the State .Yet, on close examination it will be seen that
there were compelling circumstances which led to the constitutional
amendments. While some amendments were a natural product of the
eventual evolution of the new political system established under the
Constitution in 1950, there were others necessitated by practical
difficulties. The first amendment! took place in June, 1950.

The question whether Fundamental Rights can be amended under Article
368 came for consideration of the Supreme Court in Shankari Prasad v.
Union of India . It challenged the validity of the 1st amendent to the
Constitution. In this case it was held that a constitution amendment
will also be held valid even it abridges or takes away any of the
fundamental rights. A similar decision was given my the honble Supreme
Court in Sajjan Singh v. State of Rajasthan which challenged the
validity of the 17th amendent. In Golaknath v. State of Punjab , the
validity of the Constitution (17th Amendment) Act, 1964 was again
challenged, which inserted certain State Acts in Ninth Schedule. The
Supreme Court in its landmark decision overruled the decision given in
the Shankari Prasads and Sajjan Singhs case. It held that the
Parliament had no power from the date of this decision to amend Part
III of the Constitution so as to take away or abridge the Fundamental
rights. Eleven judges participated in this decision with the ratio
being 6 : 5. The judges were worried about the numerous amendments
made to abridge the fundamental rights since 1950. It apprehended that
if the courts were to hold that the Parliament had power to take away
fundamental rights, a time might come when these rights are completely
eroded. The Chief Justice applied the doctrine of Prospective
Overruling and held that this decision will have only prospective
operation and, therefore, the 1st, 4th and 17th amendment will conti!
nue to be valid.

It means that all cases decided before the Golaknaths case shall
remain valid. In order to remove difficulties created by Golaknaths
decision parliament enacted the 24th Amendment.

The amendment has made the following amendments :

(1) it added a new clause (4) to Article 13 which provides that
nothing in this Article shall apply to any amendment of this
constitution made under Article 368 .

(2) it submitted a new heading to Article 368 power of Parliament to
amend the Constitution and Procedure therefore. Instead of Procedure
for amendment of the Constitution.

(3) It inserted a new sub section (1) in Article 368 which provides
that notwithstanding anything in the Constitution, Parliament may, in
exercise of its constituent power may amend by way of addition,
variation, or repeal any provision of this Constitution in accordance
with the procedure laid down in the Article. Thus the 24th amendment
restored the amending power of the Parliament. The validity of the
24th amendment was challenged in the case of Keshavnand Bharati v.
State of Kerala . It challenged the validity of the Kerala Reforms
Act, 1963. but during the pendency of the petition the Kerala Act was
placed in the Ninth Schedule by the 29th Amendment. The question
involved was the extent of the amending power conferred by Article 368
of the Constitution. A Special bench of 13 judges was constituted to
hear the case. The Court by majority overruled the Golaknaths case
which denied Parliament the power to amend fundamental rights of
citizens. It held that the 24th amendment merely made explicit which
was implicit in the unamended Article 368. The Court held that under
the Article 368 Parliament is not empowered to amend the basic
structure or framework of the Constitution. After the decisions of the
Supreme Court in Keshavnand Bharati and Indira Gandhi cases the
Constitution (42nd Amendment) Act, 1976, was passed which added two
new clauses , namely, clauses (4) provided that no constitutional
amendment (including the provision of Part III) or purporting to have
been made under Article 368 whether before or after the commencement
of the Constitution (42nd Amendment) Act, 1976 shall be called in any
court on any ground. Clause (5) removed any doubts about the scope of
the amending power. It declared that there shall be no limitation
whatever on the constituent power of Parliament to amend by way of
addition ,variation or repeal of the provisions of the Constitution
under this Article. Thus by inserting this clause it was made clear
that the basic structure of the Constitution could be amended. In
Minerva Mills v. Union of India the Supreme Court by 4 to 1 majority
struck down clauses (4) and (5) of Article 368 inserted by the 42nd
amendment, on the ground that these clauses destroyed the essential
feature of the basic structure of the Constitution. Since these
clauses removed all limitations on the amending power and thereby!
conferred an unlimited amending power, it was destructive of the basic
structure of the Constitution. The judgment of the Supreme Court thus
makes it clear that the Constitution not the Parliament is supreme in
India. The Parliament owes its existence to the Constitution and it
cannot take priority over the Constitution. Therefore this landmark
decision ended the long controversy between the Courts and the
Executive.

The amendment process was incorporated in the Constitution by the
Draftsmen of the Constitution to help India adapt itself to the
changing circumstances. Society is never stagnant. It is ever-
changing. Therefore the amending procedure was made partly flexible so
as to make it easy for the Legislature. But the Parliament started
thinking that it has unlimited amending power. It assumed itself to be
the supreme law when the Constitution is the supreme law of the land.
The Parliament started making amendments which were destroying the
basic structure of the Indian Constitution. But after the landmark
decisions of Keshavnand Bharati and Minerva Mills the Court by its
power of judicial review has curtailed the amending power of the
Parliament. The amendments made by the Parliament can no more affect
the basic structure of the Constitution. But, looking at the ease with
amendments can take place depending on the whims and fancies of the
ruling government and the POLITICS IN THE POLITICS OF INDIA we cannot
say how long the rights of the citizens are safe and unobstructed.

http://www.legalservicesindia.com/articles/pol.htm

Written By : Sachin Mehta

On 26 March 2002, the controversial anti-terror law, the Prevention of
Terrorism Act (POTA) was passed with 425 votes for the Act and 296
against, after a 10-hour debate in the parliament. The intensity of
the effects of the bill could be seen very clearly by the rejection of
the bill by the upper house of the Indian Parliament leading to a
Joint Session of Parliament, a measure that had taken place only the
third time in the past. The Indian Ministry of Home Affairs justified
the initial Ordinance after the September 11,2001 terror attacks by
claiming an upsurge of terrorist activities, intensification of cross
border terrorism, and insurgent groups in different parts of the
country, despite the fact that the state of Jammu and Kashmir
witnessed a decrease in the terrorist incidents taking place in that
state.

POTA, though now has been repealed, lives as an example showing the
bold step taken by India in its fight against terrorism. The POTA had
during its days and even after its downfall, has made India a silent
spectator to serous ongoing debates between political parties, the
media, social activists and NGOs on certain provisions seen to be
draconian, within POTA.

Two years from the enactment of the POTA, a number of issues as to the
possibilities of misuse of the provisions of the anti terror law
including the targeting of minorities and using it against political
opponents had arisen. In Gujarat, all except one of the POTA detainees
are from the Muslim minority and in Tamil Nadu and UP too the
ostensible anti-terror law has been abused to book, without lucidity
and accountability, political opponents and underprivileged
communities respectively.

A decade long experience with a previous national anti-terror law, the
infamous Terrorist and Disruptive Activities Prevention (TADA) that
was in force between 1985-1995 gives legitimacy to the fear that the
misuse of such laws evoke among human rights activists, political
dissenters and minorities. Under the TADA, the conviction rate was
less than 1%, despite the fact that the confessions made to the
police, even though being given under torture, were admissible as
evidence.

The developments after the enactment of the POTA, including the
responses received by the POTA review committee show that the POTA is
worse then TADA. POTA provides for criminal liability for mere
association or communication with suspected terrorists without the
possession of criminal intent (Section 3(5) of the POTA). Section 4 of
POTA is similar to Section 5 of TADA in laying out a legal presumption
that if a person is found in unauthorized possession of arms in a
notified area, he/she is automatically linked with terrorist activity.
Section 48(2) provides for the option of pre-trial police detention
for up to 180 days. As under the TADA, where 98% of the cases never
reached the trial stage, this Section 48(2) could also be misused by
the police by keeping an accused for long periods of detention without
charge or trial. Special courts for trials are established under POTA
which are given the discretion to hold trials in non-public places,
like prisons, and to withhold ! trial records from public scrutiny,
thus preventing the independent monitoring of special court sessions.
Section 32 provides that confessions made to police officers are to be
admissible in trial, which has increased the possibility of coercion
and torture in securing confessions.

The provisions contained under the POTA were mostly contained in
existing laws, except those, which were contained in the Criminal
Procedure Code, the Indian Penal Code, the Evidence Act or the
Constitution of India. The Act effectively undermines the fundamental
tenet of the criminal justice system by putting the burden of proof on
the accused. But the Act also had some provisions, which were not
attacked for being against human rights. These provisions stated that
Confessions must be recorded within 48 hours before a magistrate, who
will send the accused for a medical examination if there is a
complaint of torture. Further a legal representative of the accused
can be present for part of the interrogation. Moreover police officers
can be prosecuted for abusing their authority. The POTA also provided
that victims could be paid compensation.

But these provisions could not act as an effective shield to protect
the Act from the criticism it received for its other provisions
abusing human rights. Those opposed to POTA had argued that existing
laws were sufficient to deal with terrorism. Within a year POTA had
already built up a dubious record and in some states it was already
dreaded as its predecessor. State governments, including opposition-
ruled ones, had not hesitated to use POTA to fix political opponents.

At the Peoples Tribunal on POTA and Other Security Legislation at the
Press Club in New Delhi on July 16,2004 a 629-page report based on
depositions made before the Tribunal by victims and their families
from ten states in India, as well as expert depositions by lawyers and
activists, showed that such security legislations grant sweeping
powers to authorities, which has led to misuse of these powers and
severe restriction of basic rights. At the same time, such
legislations do not address the political, social and economic roots
of the problem.

The tribunal concluded that the review of victim and expert testimony
showed that the misuse of the Act is inseparable from its normal use.
The tribunal stated that the statute meant to terrorise not so much
the terrorists as ordinary civiliansand particularly the poor and
disadvantaged such as dalits, religious minorities, adivasis, and
working people. Thus the tribunal recommended that POTA be repealed
and that too in such a manner that the POTA charges are deleted from
all existing investigations and trials. But, if the state so desires,
these may continue under other laws and charges.

Finally on September 17, 2004 the Union Cabinet in keeping with the
UPA government's Common Minimum Programme, approved ordinances to
repeal the controversial Prevention of Terrorism Act, 2002 (POTA) and
amend the Unlawful Activities (Prevention) Act, 1967. Home Minister
Shivraj Patil said that the government would provide a sunset period
of one year during which all cases pertaining to POTA would be
reviewed by the Central POTA Review Committee. He added, There would
be no arrests made after the ordinance is promulgated. To fill the
lacuna that have been created due to the repeal of the Act, adequate
amendments were being brought to the Unlawful Activities (Prevention)
Act, 1967 to define a terrorist act and provide for banning of
terrorist organisations and their support systems, including funding
of terrorism, attachment and forfeiture of proceeds of terrorism, etc.
All terrorist organisations banned under POTA would continue to remain
banned, under the Unlawful Activities Act, after the repeal of the
Act. Some of the clauses contained in POTA, which will be completely
dropped in the amended Unlawful Activities Act, are: the onus on the
accused to prove his innocence, compulsory denial of bail to accused
and admission as evidence in the court of law the confession made by
the accused before the police officer.

The BJP government has slammed the Cabinet decision to repeal POTA as
politically motivated and compromising of the essentials of national
security. BJP spokesperson and former Law Minister Arun Jaitley said
if the amendments brought out under the existing laws after the repeal
of POTA are found to be inadequate, the BJP-ruled states would be
asked to come out with their own legislations filling up the lacuna.
But till such a step is taken many innocent victims of the POTA can
take a sign of relief and thank their stars that the reign of terror
under the stringent anti terror law POTA has come to an end.

http://www.legalservicesindia.com/articles/pota.htm

Written By : Sandeep Pathak, III year B.B.A.LL.B. (Hons.) National Law
University, Jodhpur

Olga Tellis v. Bombay Municipal Corporation (herein after referred as
Olga Tellis) was decided in 1985 by the five Judges Bench of the
Supreme Court of India. The Hon'ble bench comprised of C.J., Y.V.
Chandrachud, J., A.V. Varadarajan, J., O. Chinnappa Reddy, J., S.
Murtaza Fazal Ali and J., V.D. Tulzapurkar. This case came before the
Supreme Court as a writ petition by persons who live on pavements and
in slums in the city of Bombay. It was prayed by the petitioners to
allow them to stay on the pavements against their order of eviction.
The majority judgment (concurring by all the five Judges) was
delivered by Hon'ble Chief Justice Y.V.Chandrachud.

Factual Score of Olga Tellis

The writ petitions were filed by the slum dwellers and pavement
dwellers before the Supreme Court of India. This class of people
constituted nearly half the population of the city of Bombay. The
respondents - State of Maharashtra and Bombay Municipal Corporation
took a decision that all pavement dwellers and the slum or bust
dwellers in the city of Bombay will be evicted forcibly and deported
to their respective places of origin or removed to places outside the
city of Bombay section 314 of the Bombay Municipal Corporation Act,
1888. Pursuant to that decision, the pavement dwellings of some of the
petitioners were in fact demolished by the Bombay Municipal
Corporation. The petitioners challenge the order of the Bombay
Municipal Corporation of eviction as being unreasonable and unjust
without providing with alternative living facility. The petitioners
claimed right to livelihood as a part of their right under Article 21
of the Constitution that is right to life under Article 32. Moreover,
petitioners contended that sections 312, 313 and 314 of the Bombay
Municipal Corporation Act are invalid as violating Articles 14, 19 and
21.

Issues Considered by the Apex Court

1. That the order for the eviction of the pavement is the infringement
of their right to livelihood and in turn the encroachment over their
right guaranteed under article 21 of the Constitution.
2. That the impugned action of the State Government and the Bombay
Municipal Corporation is violative of the provisions contained in
Article 19(1) (3), 19(1) (g) and 21 of the Constitution.
3. That the procedure prescribed by section 314 of the Bombay
Municipal Corporation Act, 1888 for the removal of encroachments from
pavements is arbitrary and unreasonable.

Decision of Supreme Court

The decision of the Supreme Court in this case was based on the
humanistic approach of the judges and the Apex Court stepped into the
activist role. The Hon'ble Supreme Court held that the slum dwellers
must get the alternative shelter if they are evicted from the
pavements.Although, the eviction orders were held to be valid under
article 14 and 19 of the Constitution. Infact, the right to life was
once again enlarged to engulf the right to livelihood as being a part
of liberty of an individual. The decision of the Court also focused on
the concept of the welfare state and reliance though not expressly but
impliedly was placed on the Directive Principles of the State Policies
under the Constitution.

Rationale, Reason and Jurisprudence of Olga Tellis

The decision of this case essentially falls back on the premise of the
positivism. The judgment delivered by C.J., YV.Chandrachud is solely
based on the concept of the analytical positivism of Britain. The
letter of law was considered to be paramount. The Supreme Court
focused on both the premises, that is, reformation and superiority of
the law. In Para 28, Justice Chandrachud took the approach propounded
by Hans Kelson, where he considers constitution as a highest norm or
the Grundnorm. According to Kelson, Grundnorm is the basic norm which
determines the content and gives validity to other norms derived from
it. On this basis, Justice Chandrachud, observes in Para 28 that,

There can be no estoppel against the Constitution. The Constitution is
not only the paramount law of the land but, it is the source and
sustenance of all laws. Its provisions are conceived in public
interest and are intended to serve public purpose.

Furthermore, it is the theory of the "Father of the English
Jurisprudence" - Jeremy Bentham (1748-1832) that was reiterated by
the Apex Court in true sense. Bentham talked about the reform of the
substantive law by the way of reforming the structure of law.

1. Law in the Reformative Process

This case can be said to be a decision that leads to the reformation
of the substantive law. Bentham divided the jurisprudence into two
parts, that is, expositorial (what law is) and censorial (what law
ought to be) .Olga Tellis has shifted the focus from censorial
jurisprudence to the expositorial jurisprudence by enlarging the scope
of article 21 of the Constitution and including right to livelihood
and right to shelter as a part of right to life. Justice Chandrachud
in Para 32 of his judgment states,

An equally important facet of that right is the right to livelihood
because, no person can live without the means of living, that is, the
means of livelihood. If the right to livelihood is not treated as a
part of the constitutional right to life, the easiest way of depriving
a person of his right to life would be to deprive him of his means of
livelihood to the point of abrogation.

This view of the Hon'ble Court clearly indicates the follow up of the
Bentam's philosophy of reforming the law through its structure. The
law as defined by Bentham is, an assemblage of signs, declarative of
violation, conceived or adopted by the sovereign in a state,
concerning the conduct to be observed in a certain case by a certain
person or class of persons, who in the case in question are or are
supposed to be subject to his power .Therefore, this although focuses
on the aspect that law is certain and laid down that is, positum, but
at the same time this definition is flexible enough to be cover a set
of objectives so intimately allied and to which there would be such
continual occasion to apply the same proposition . Therefore in the
present case when Justice Chandrachud states that ,"no person can live
without means of living" ,he is applying the Bentamite jurisprudence
to reform the law laid down under article 21 and at the same time also
utilizing the flexibility of his definition of law to equate the
intimately allied occasions of life, liberty and livelihood.

2. Hedonist Utilitarianism

Olga Tellis brought the concept of Benthamite philosophy of the
Hedonist Utilitarianism. Justice Chandrachud in Para 1 states that the
petitioners form almost half the population of the city. The fact of
such a large number of pavement dwellers in question caused the
decision to fall in their favour.The principle of utility by Bentham
stated that, out of various possibilities in a given case, one must
choose that option that gives the greatest happiness to the greatest
number .
The Bombay Municipal Corporation Act, 1888 laid down the law relating
to the pavement dwellers under section 312-314. It stated many
prohibitions on the housing and depositions of various items on the
pavements by the dwellers. Justice Chandrachud while deciding this
case entirely followed the PRINCIPLE OF UTILITY as given by Bentham
and held that the end aim of the legislator should be HAPPINESS of the
people and the GENERAL UTILITY must be the guiding principle. Apex
Court by making a balance sheet between the happiness or the utility
of the slum dwellers with the aim and object of the particular
legislation came to a conclusion that justice must be done only by
giving the redressal to the poor and needy pavement dwellers. Justice
Chandarchud in Para 49 states that,

Hearing to be given to trespassers who have encroached on public
properties? To persons who commit crime? There is no doubt that the
petitioners are using pavements and other public properties for an
unauthorised purpose. But, their intention or object in doing so is
not to "commit an offence or intimidate, insult or annoy any person",
which is the gist of the offence of 'Criminal trespass' under Section
441 of the Penal Code. They manage to find a habitat in places which
are mostly filthy or marshy, out of sheet helplessness. It is not as
if they have a free choice to exercise as to whether to commit an
encroachment and if so, where. The encroachments committed by these
persons are involuntary acts in the sense that those acts are
compelled by inevitable circumstances and are not guided by choice.
Here, as elsewhere in the law of Torts, a balance has to be struck
between competing sets of values.....

Therefore, the Apex Court had drawn a balance sheet and analysed the
Happiness and utility of the petitioners and the respondents. The
Court relied upon the Pelican book in Para 56 and states,

Malnourished babies, wasted mothers, emaciated corpses in the streets
of Asia have definite and definable reasons for existing. Hunger may
have been the human race's constant companion, and 'the poor may
always be with us', but in the twentieth century, one cannot take this
fatalistic view of the destiny of millions of fellow creatures. Their
condition is not inevitable but is caused by identifiable forces
within the province of rational human control.

In the above-mentioned finding by the Hon'ble Supreme Court it is
evidently clear that the reliance was placed on the "destiny of
millions of fellow creatures". It signifies the application of the
Bentham principle of utility in the outcome of the judgment of Olga
Tellis.

Bentham's justification of his utilitarianism is founded upon four
propositions. These are as follows,

1. All agents (as agents) seek a personal good.

2. Ultimately, all self-conscious agents aim at the same goal
(irrespective of the particular context in which the particular action
is performed).

3. That same ultimate goal is always the maximization of personal
pleasure (and the avoidance of personal pain).

4. The proper role of the state is to promote the greatest aggregate
pleasure within its community.

The four commands of utility for civic society in the Bentham's
Utilitarianism, upon which the aggregate happiness depends are
security, subsistence, abundance and equality. Out of the above,
security was the most important. Subsistence, abundance and equality,
however, all depended, in Bentham's view, on the paramount directive
of security. The decision given by the Supreme Court heavily relies on
the entire four propositions given by Bentham (above-mentioned).
Justice Chandrachud in the Para 2 of the judgment lays down the
emphasis on the slum dwellers right to life and reside in any part of
the country with dignity as other citizens of the nation. He stated
that an individual can live without security but cannot live without
"subsistence" the Supreme Court in the instant case holding that the
Right to livelihood and shelter as being an important component of the
Right to Life again establishes a nexus between subsistence and right
to livelihood once again confirming the abidance of the Benthamite
principle of utility. Moreover when the court established that if the
petitioners were evicted from their dwellings, they would be deprived
of their livelihood.

The due recognition is given to the fact that the number of the
pavement dwellers was huge and it constituted almost half of the
city's population. Therefore, the test greatest aggregate happiness
for the greatest number is also fulfilled. According to Jullias
Stone , by happiness of the community Bentham meant simply the
aggregate of individual surpluses of pleasure over pain. The greatest
happiness of the greatest number states that the pleasure and the
pains of the society are to be weighed at same plane. In this case
also the pleasure of the society was upheld and also the pain of
another section of the society (slum dwellers) was brought down.
Then Bentham's principle of utility becomes the principle that we are
always to act in such a way as to give as many people as possible as
much as possible of whatever it is that they want. I think that the
interpretation in Olga Tellis preserves the essence of Bentham's
doctrine, and it has the advantage of making it independent of any
special psychological theory.

Conclusion

To conclude, the whole Benthamite principle applied by Justice
Chandrachud on behalf of all the brother Justices can be summarized in
one sentence stated in Para 46 of the judgment, Human compassion
(happiness) must soften the rough edges of justice in all situations.
Thus, it can be concluded the Supreme Court adopted the Utilitarian
Principle in terms of the pleasure and pain calculus or the hedonistic
calculus of Jermy Betham.

Authored by Sandeep Pathak and can be reached at :
pathaksandeep123@rediffmail.com

http://www.legalserviceindia.com/articles/case.htm

"Uniform Civil Code"

Written By : Gauri Kulkarni - Vth year law - Symbiosis Society's law
college, Pune

Introduction:

The mere three words and the nation breaks into hysterical jubilation
and frantic wailing. These three words are enough to divide the nation
into two categories - politically, socially and religiously.
Politically, the nation is divided as BJP, which propagates
implementation of the Uniform Civil Code (hereinafter referred to as
the UCC) and the non BJP including the Congress party, Samajwadi
party, who are against the implementation of the UCC. Socially, the
intelligentsia of the country, who analyse logically the pros and cons
of the UCC and the illiterate who have no opinion of their own and
succumb to the political pressure are at opposite poles. And,
religiously, there is a dangerous widening schism between the majority
Hindus and the minority community mostly the Muslims. Being a law
student, I would like to consider the legal implications of UCC.

I strongly support the crusade for the implementation of UCC and
homogenising the personal laws. I support it, not because of any bias,
but because it is the need of the hour. It is high time that India had
a uniform law dealing with marriage, divorce, succession, inheritance
and maintenance.

Indian case law:

Recently, the Supreme Court of India again called for a UCC. The
Supreme Court first directed the Parliament to frame a UCC in the year
1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum[1],
popularly known as the Shah Bano case. In this case, a penurious
Muslim woman claimed for maintenance from her husband under Section
125 of the Code of Criminal Procedure[2] after she was given triple
talaq from him. The Supreme Court held that the Muslim woman have a
right to get maintenance from her husband under Section 125. The Court
also held that Article 44[3] of the Constitution has remained a dead
letter. The then Chief Justice of India Y.V. Chandrachud observed
that,

"A common civil code will help the cause of national integration by
removing disparate loyalties to law which have conflicting ideologies"

After this decision, nationwide discussions, meetings, and agitation
were held. The then Rajiv Gandhi led Government overturned the Shah
Bano case decision by way of Muslim Women (Right to Protection on
Divorce) Act, 1986 which curtailed the right of a Muslim woman for
maintenance under Section 125 of the Code of Criminal Procedure. The
explanation given for implementing this Act was that the Supreme Court
had merely made an observation for enacting the UCC, not binding on
the government or the Parliament and that there should be no
interference with the personal laws unless the demand comes from
within.

The second instance in which the Supreme Court again directed the
government of Article 44 was in the case of Sarla Mudgal v. Union of
India[4]. In this case, the question was whether a Hindu husband,
married under the Hindu law, by embracing Islam, can solemnise second
marriage The Court held that a Hindu marriage solemnised under the
Hindu law can only be dissolved on any of the grounds specified under
the Hindu Marriage Act, 1955. Conversion to Islam and Marrying again
would not, by itself, dissolve the Hindu marriage under the Act. And,
thus, a second marriage solemnised after converting to Islam would be
an offence under Section 494[5] of the Indian Penal Code.

Justice Kuldip Singh also opined that Article 44 has to be retrieved
from the cold storage where it is lying since 1949. The Hon'ble
Justice referred to the codification of the Hindu personal law and
held,

"Where more then 80 percent of the citizens have already been brought
under the codified personal law there is no justification whatsoever
to keep in abeyance, any more, the introduction of the 'uniform civil
code' for all the citizens in the territory of India."

The Supreme Court's latest reminder to the government of its
Constitutional obligations to enact a UCC came in July 2003[6] when a
Christian priest knocked the doors of the Court challenging the
Constitutional validity of Section 118[7] of the Indian Succession
Act. The priest from Kerala, John Vallamatton filed a writ petition in
the year 1997 stating that Section 118 of the said Act was
discriminatory against the Christians as it impose unreasonable
restrictions on their donation of property for religious or charitable
purpose by will. The bench comprising of Chief Justice of India V.N.
Khare, Justice S.B. Sinha and Justice A.R. Lakshamanan struck down the
Section declaring it to be unconstitutional. Chief Justice Khare
stated that,

"We would like to State that Article 44 provides that the State shall
endeavour to secure for all citizens a uniform civil code throughout
the territory of India It is a matter of great regrets that Article 44
of the Constitution has not been given effect to. Parliament is still
to step in for framing a common civil code in the country. A common
civil code will help the cause of national integration by removing the
contradictions based on ideologies."

Thus, as seen above, the apex court has on several instances directed
the government to realise the directive principle enshrined in our
Constitution and the urgency to do so can be inferred from the same.

Secularism v/s UCC:

The spine of controversy revolving around UCC has been secularism and
the freedom of religion enumerated in the Constitution of India. The
preamble of the Constitution states that India is a "secular
democratic republic" This means that there is no State religion. A
secular State shall not discriminate against anyone on the ground of
religion. A State is only concerned with the relation between man and
man. It is not concerned with the relation of man with God. It does
not mean allowing all religions to be practiced. It means that
religion should not interfere with the mundane life of an individual.

In S.R. Bommai v. Union of India[8], as per Justice Jeevan Reddy, it
was held that religion is the matter of individual faith and cannot be
mixed with secular activities. Secular activities can be regulated by
the State by enacting a law.

In India, there exist a concept of "positive secularism" as
distinguished from doctrine of secularism accepted by America and some
European states i.e. there is a wall of separation between religion
and State. In India, positive secularism separates spiritualism with
individual faith. The reason is that America and the European
countries went through the stages of renaissance, reformation and
enlightenment and thus they can enact a law stating that State shall
not interfere with religion. On the contrary, India has not gone
through these stages and thus the responsibility lies on the State to
interfere in the matters of religion so as to remove the impediments
in the governance of the State.

Articles 25[9] and 26[10] guarantee right to freedom of religion.
Article 25 guarantees to every person the freedom of conscience and
the right to profess, practice and propagate religion. But this right
is subject to public order, morality and health and to the other
provisions of Part III of the Constitution. Article 25 also empowers
the State to regulate or restrict any economic, financial, political
or other secular activity, which may be associated with religious
practice and also to provide for social welfare and reforms. The
protection of Articles 25 and 26 is not limited to matters of doctrine
of belief. It extends to acts done in pursuance of religion and,
therefore, contains a guarantee for ritual and observations,
ceremonies and modes of worship, which are the integral parts of
religion.[11]

UCC is not opposed to secularism or will not violate Article 25 and
26. Article 44 is based on the concept that there is no necessary
connection between religion and personal law in a civilised society.
Marriage, succession and like matters are of secular nature and,
therefore, law can regulate them. No religion permits deliberate
distortion[12]. The UCC will not and shall not result in interference
of one's religious beliefs relating, mainly to maintenance, succession
and inheritance. This means that under the UCC a Hindu will not be
compelled to perform a nikah or a Muslim be forced to carry out
saptapadi. But in matters of inheritance, right to property,
maintenance and succession, there will be a common law.

Justice Khare, in the recent case[13], said,
"It is no matter of doubt that marriage, succession and the like
matters of secular character cannot be brought within the guarantee
enshrined under Articles 25 and 26 of the Constitution."

The Chief Justice also cautioned that any legislations which brought
succession and like matters of secular character within the ambit of
Articles 25 and 26 is a suspect legislation. Article 25 confers right
to practice and profess religion, while Article 44 divests religion
from social relations and personal law.

The whole debate can be summed up by the judgement given by Justice
R.M. Sahai. He said,

"Ours is a secular democratic republic. Freedom of religion is the
core of our culture. Even the slightest of deviation shakes the social
fibre. But religious practices, violative of human rights and dignity
and sacerdotal suffocation of essentially civil and material freedoms
are not autonomy but oppression. Therefore, a unified code is
imperative, both, for protection of the oppressed and for promotion of
national unity and solidarity."[14]

Codification:

The biggest obstacle in implementing the UCC, apart from obtaining a
consensus, is the drafting. Should UCC be a blend of all the personal
laws or should it be a new law adhering to the constitutional mandate?
There is a lot of literature churned out on UCC but there is no model
law drafted. Many think that under the guise of UCC, the Hindu law
will be imposed on all. The possibility of UCC being only a repackaged
Hindu law was ruled out by Prime Minister Atal Bihari Vajpayee when he
said that there will be a new code based on gender equality and
comprising the best elements in all the personal laws.

The UCC should carve a balance between protection of fundamental
rights and religious dogmas of individuals. It should be a code, which
is just and proper according to a man of ordinary prudence, without
any bias with regards to religious or political considerations.
Here is an overview of the essentials of the UCC:

Marriage and divorce:

The personal laws of each religion contain different essentials of a
valid marriage. The new code should have the basic essentials of valid
marriage which shall include:

(i) The new code should impose monogamy banning multiple marriages
under any religion. Polygamy discriminates against the women and
violates their basic human rights. Thus, monogamy should be imposed,
not because it is the Hindu law, but because it adheres to Article 21
of the Constitution[15] and basic human values.

(ii) The minimum age limit for a male should be 21 years and for a
female should be 18 years. This would help in curbing child marriages.
Punishment should be prescribed for any person violating this
provision. Also, punishment for other persons involved in such an act,
like the relatives, should be prescribed which would have a deterrent
effect on the society.

(iii) Registration of marriage should be made compulsory. A valid
marriage will be said to have solemnised when the man and the woman
sign their declaration of eligibility before a registrar. This will do
away with all the confusion regarding the validity of the marriage.

(iv) The grounds and procedure for divorce should be specifically laid
down. The grounds enumerated in the code should be reasonable and the
procedure prescribed should be according to the principles of natural
justice. Also, there should be a provision for divorce by mutual
consent.

Succession and inheritance: This area throws up even more intractable
problems. In Hindu law, there is a distinction between a joint family
property and self acquired property which is not so under the Muslim
law. The Hindu Undivided Family (HUF), formed under the Hindu law, run
businesses and own agricultural lands. Under the UCC, this institution
of HUF, peculiar to the Hindus, has to be abolished. There are also
fetters imposed on the extent to which one can bequeath property by
will under the Muslim law. Considering all these, the UCC should
include:

(i) Equal shares to son and daughter from the property of the father,
whether self acquired or joint family property. There should be no
discrimination based on sex in the matters of inheritance. The
provisions of the Hindu Succession (Maharashtra Amendment) Act, 1994
can be taken as guiding principles wherein the daughter of a
coparcener shall by birth become the coparcener in her own right in
the same manner as a son and have the same rights in the coparcenary
property as she would have had if she had been a son, inclusive the
right to claim by survivorship and shall be subject to same
liabilities and disabilities as the son.

(ii) Provisions for inheritance of the property of mother, which she
has self acquired or acquired through her father or relatives.

(iii) The provisions relating to will should be in consonance with the
principles of equity. There should be no limitations imposed on the
extent to which the property can be bequeathed, the persons to whom
such property can be bequeath and the donation of the property by will
for religious and charitable purpose.

(iv) The essentials of valid will, the procedure for registration and
execution of the will should be provided for.

(v) Provisions for gifts should not contain any limitations, though
essential of valid gift and gift deed should be specified.

Maintenance: The maintenance laws for the Hindus and Muslims are very
different. Apart from personal laws, a non-Muslim woman can claim
maintenance under Section 125 of Code of Criminal Procedure. A Muslim
woman can claim maintenance under the Muslim Women (Right to
Protection on Divorce) Act, 1986. Apart from maintenance of wife,
there are also provisions for maintenance of mother, father, son and
unmarried daughter under the Hindu law. The UCC should contain the
following with regards to maintenance:

(i) A husband should maintain the wife during the marriage and also
after they have divorced till the wife remarries.

(ii) The amount of alimony should be decided on basis of the income of
the husband, the status and the lifestyle of the wife.

(iii) The son and daughter should be equally responsible to maintain
the parents. The reason for this being that if she claims equal share
of the property of her parents, she should share the duty to maintain
her parents equally.

(iv) The parents should maintain their children - son till he is
capable of earning on his own and daughter, till she gets married.

Thus based on these fundamental principles, an unbiased and fair UCC
can be framed which will be in consonance with the Constitution.

Working of UCC and the Indian scenario:

How foolproof will be the UCC? Will there be more abuse and less
obedience of UCC? Will UCC have negative effect on the society? Such
questions are bound to be raised after the implementation of the UCC.
All laws are formulated to be obeyed, but they are abused. This
doesnot mean that law should not be implemented. Similarly, there is a
great possibility of the UCC being abused, but this should not eschew
the Parliament from enacting the UCC; the social welfare and benefits
resulting from the implementation of UCC are far greater.

While explaining the reason for including Article 44 in the Directives
Principles, it was observed,

"When you want to consolidate a community, you have to take into
consideration the benefits which may accrue to the whole community and
not to the customs of a part of it. If you look at the countries in
Europe, which have a Civil Code, everyone who goes there forms a part
of the world and every minority has to submit to that Civil Code. It
is not felt to be tyrannical to the minorities."[16]

Some legal experts argue that progressive law is welcomed but a
suitable atmosphere must be created in which all sections feel secure
enough to sit together and cull out the most progressive of their
personal laws. But this can be answered by an example of Hindu law.
When the Hindu Code Bill, which covers Buddhist, Sikhs, Jains as well
as different religious denominations of Hindus, was notified, there
was a lot of protest. And the then Law Minister, Dr. Ambedkar, had
said that for India's unity, the country needs a codified law. In a
similar fashion, the UCC can be implemented, which will cover all the
religions, whether major or minor, practiced in India and any person
who comes to India has to abide by the Code.

Not many know that a UCC exists in the small state of Goa accepted by
all communities. The Goa Civil Code collectively called Family Laws,
was framed and enforced by the Portuguese colonial rulers through
various legislations in the 19th and 20th centuries. After the
liberation of Goa in 1961, the Indian State scrapped all the colonial
laws and extended the central laws to the territory but made the
exception of retaining the Family Laws because all the communities in
Goa wanted it. The most significant provision in this law is the pre
nuptial Public Deed regarding the disposal of immovable and movable
property in the event of divorce or death. During matrimony, both
parents have a common right over the estate, but on dissolution, the
property has to be divided equally; son and daughters have the equal
right on the property. As the procedure involves compulsory
registration of marriage, this effectively checks child and bigamous
marriage.

The philosophy behind the Portuguese Civil Code was to strengthen the
family as the backbone of society by inculcating a spirit of tolerance
between husband and wife and providing for inbuilt safeguard against
injustice by one spouse against the other.

Commenting that the dream of a UCC in the country finds its
realisation in Goa, former Chief Justice of India Y.V. Chandrachud had
once expressed hope that it would one day "awaken the rest of bigoted
India."[17]

Conclusion:

The section of the nation against the implementation of UCC contends
that in ideal times, in an ideal State, a UCC would be an ideal
safeguard of citizens' rights. But India has moved much further from
ideal than when the Constitution was written 50 years ago.

But to conclude, I would like to say that citizens belonging to
different religions and denominations follow different property and
matrimonial laws which is not only an affront to the nation's unity,
but also makes one wonder whether we are a sovereign secular republic
or a loose confederation of feudal states, where people live at the
whims and fancies of mullahs, bishops and pundits.

[1] AIR 1985 SC 945

[2] "(1) If any person having a sufficient means neglects or refuses
to maintain- a) his wife, unable to maintain herself, or b) his
legitimate or illegitimate minor child, whether married or not, unable
to maintain itself, or c) His legitimate or illegitimate child (not
being a married daughter) who has attained majority, where such child
is, by reason of any physical or mental abnormality or injury unable
to maintain itself, or d) his father or mother, unable to maintain
himself or herself, a magistrate of the first class may, upon proof of
such neglect or refusal, order such person to make a monthly allowance
for the maintenance of his wife or such child, father or mother, at
such monthly rate not exceeding five hundred rupees in the whole, as
such Magistrate thinks fit, and to pay the same to such person as the
Magistrate mat from time to time direct: Provided that the Magistrate
may order the father of a minor female child refereed to in clause (b)
to make such allowance, until she attains her majority, if the
Magistrate is satisfied that the husband of such minor female child,
if married, is not possessed of sufficient means."

[3] "The State shall endeavour to secure for the citizens a uniform
civil code throughout the territory of India."

[4] AIR 1995 SC 153

[5] "Whoever, having a husband or wife living, marries in any case in
which such marriage is void by reason of its taking place during the
life of such husband or wife, shall be punished with imprisonment of
either description for a term which may extend to seven years, and
shall also be liable to fine."

[6] John Vallamattom v. Union of India AIR 2003 SC 2902

[7] "No man having a nephew or a niece or any nearer relative shall
have power to bequeath any property to religious or charitable uses,
except by a Will executed not less than twelve months before his
death, and deposited within six months from its execution in some
place provided by law for sak\fe custody of the Will of living
persons."

[8] (1994)3 SCC 1

[9] "(1) Subject to public order, morality and health and to the other
provisions of this part, all persons are equally entitled to freedom
of conscience and the right freely to profess, practice and propagate
religion. (2) Nothing in this Article shall affect the operation of
any existing law or prevent the State from making any law - a)
regulating or restricting any economic, financial, political or other
secular activities which may be associated with religious practice; b)
providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and
sections of Hindus."

[10] "Subject to public order, morality and health, every religious
denomination or any section thereof shall have a right- a) to
establish and maintain institutions for religious and charitable
purposes; b) to manage its own affairs in matters of religion; c) to
own and acquire movable and immovable property; and d) to administer
such property in accordance with law."

[11] Acharya Jagdishwaranand Avadhut v. Commissioner of Police,
Calcutta (1984)4 SCC 522

[12] Sarla Mudgal v. Union of India AIR 1995 SC 1531
[13] John Vallamattom v. Union of India AIR 2003 SC 2902
[14] Sarla Mudgal v. Union of India AIR 1995 SC 1531

[15]"No person shall be deprived of his life or personal liberty
except according to procedure established by law"

[16] Constitutional Assembly Debates Volume VII pg. 547
[17] Mohammad Ahmed Khan v. Shah Bano Begum AIR 1985 SC 945

Authored by Gauri Kulkarni and can be reached at :
missgauri@hotmail.com

http://www.legalserviceindia.com/articles/ucc.htm

...and I am Sid Harth

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TOPIC: U Want to Earn more - Join Here
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== 1 of 1 ==
Date: Sun, Mar 21 2010 8:18 am
From: thenmozhi s

http://123maza.com/78/bookmark

==============================================================================
TOPIC: Honest questions about Islam- can you answer?
http://groups.google.com/group/rec.arts.movies.local.indian/t/0538da13757e7be7?hl=en
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== 1 of 2 ==
Date: Sun, Mar 21 2010 12:14 pm
From: "Moslem cartoon character mohammad was a paedophile 6th century warlord
and goat fucker who cooked up a false religion in order to supplement
brutality as a means of bringing people (shitskin dunecoons) under subjection -
Yaako Warrior from AUZ., NZ..., Korea., Germany, RSA, USA., Sweden, Hong Kong,
Canada, Russia, China, Denmark, UK, .........., the slayer of fecal stained
moslems - KHAAYEHMANI" <" Dr. Sir John Howard, AC, WSCMoF >

On 3/18/10 7:34 PM, Moslem cartoon character mohammed was a paedophile
6th century warlord and goat fucker who cooked up a false religion in
order to supplement brutality as a means of bringing people (shitskin
dunecoons) under subjection - Yaako Warrior from AUZ., NZ..., Korea.,
Germany, RSA, USA., Sweden, Hong Kong, Canada, Russia, China, Denmark,
UK, .........., the slayer of fecal stained moslems - KHAAYEHMANI Dr.
Sir John Howard, AC, WSCMoF > wrote:
> On 3/18/10 7:25 PM, Dr. Jai Maharaj wrote:
>> uNmaivirumbi<tripurantaka@yahoo.com> posted:
>>>
>>> Can muslims answer:
>>>
>>> 1) Did Mohammad hear Koran directly from God? Did he say so? Is there
>>> any evidence from the Koran it was directly from God? If not why do
>>> you say it is from God?
>>>
>>> 2) Did Mohammad hear from an angel? Did Mohammad verify it was an
>>> angel and how did he do that? If not why did he not do that and
>>> claimed it was an angel? That too Jibreel?
>>>
>>> 3) was it not true that Khadija was the one who told him it could be
>>> Jibreel and Mohammad did not think of that before?
>>>
>>> 4) How can God ask a 53 year old man to marry a six year old girl and
>>> have sex with her at age 9? Did he masturbate on Ayesha even as a
>>> baby as reported (thighing)?
>>>
>>> 5) Marrying a girl at age 9 is permitted in many Islamic countries by
>>> law even in Saudi Arabia, is it not?
>>>
>>> 6) Does God allow a man to marry his adopted son's wife- Zainab?
>>>
>>> 7) Does God allow a man to "marry" 17 year old Safiya Bint Huyay the
>>> same night (means sex) after murdering her husband, parents, brothers
>>> in front of her? How old was Mohammad then? Why did Mohammad do all
>>> this after Khadija died and never before?
>>>
>>> 8) Does God allow muslims as in Koran (what the right hand possesses
>>> also called ma malakat aymanukum in Koran), to capture nonmuslim
>>> women and use them as sex slaves (captured in war) -- the real reason
>>> for rape of nonmuslim women in many countries as this is okay as per
>>> Koran
>>>
>>> 9) Is it not true that Koran therefore is not from God at all? Could
>>> never be? That it is satan's clever work hiding that as God's work?
>>> Do you not think Koran is from the devil or a product of a crazed
>>> psychopath who cooked up this?
>>>
>>> Should you not abandon this cult and join civilized society and fight
>>> for true dignity,progress peace and freedom?
>>>
>>> Do you have to courage to face this and do what you have to do?
>>>
>>> Can you really answer this or are you going to evade, abuse and curse
>>> as usual?
>>
>> Distribution widened to include more newsgroups.
>>
>> Jai Maharaj, Jyotishi
>> Om Shanti
>
>
>
> HOW TO BECOME A SHITSKIN MOSLEM - this is how: fuck goats, fuck your
> mother (nikomak), molest children, wear a beekeepers outfit all the
> time, never shower or bath, beat your wives, learn terrorist activities
> at a maddrassa, wipe your ass with stones, sell the donkey you fucked to
> a nearby village, marry a nine year-old , send your child off to an
> indoctrination camp, practice thighing with little kids, Hijack a plane,
> Hijack a ship, ............ Practice all those and you too could become
> a prophet !!
>
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> Elif air ab tizak mohammad !!!!
>
> helpinggaza@gmail.com
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> fesack@wn.apc.org
> arah1958@gmail.com
> kaled14232@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> niyacn@msn.com
> mehyaawaaa@hotmail.com
> niyacn@hotmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
> noujwas@yahoo.com
>
> Wassim Noujeim = Faris Jawad
>
> Keysborough Aus.
>
> Jordan Data Communication Ltd.
>
>
>
>
>
>
> —(¿)˝ —(¿)˝ moslem cartoon character mohammad and his bumchum allaah
> were child molesting goat fuckers and nikomaks
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج —(¿)˝ —(¿)˝
>
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> kaled14232@gmail.com
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> mehyaawaaa@hotmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
> noujwas@yahoo.com
>
>
> ** Posted from http://www.teranews.com **
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
>
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
>
> Wassim Noujeim = Faris Jawad
>
>
> Jordan Data Communication Ltd.
>
> Keysborough Aus.
>
>
>
>
>
>
> -----------------------------------------------
>
>
>
>
> —(¿)˝ —(¿)˝
> Skitskin moslem CA Fabian, 5 Pfeiffer Close, Mt Barker, 5251, South
> Australia, +61 8 8391 1292
>
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج
> —(¿)˝ —(¿)˝
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> Hamzeh Abu-Abed
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> mehyaawaaa@hotmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
>
> Wassim Noujeim = Faris Jawad
>
> ** Posted from LINKdotNET -Jordan **
> http://www.link.net
> Cybertrust Australia Pty Ltd
>
>
> Jordan Data Communication Ltd.
>
> Keysborough Aus.
>
>
>
>

--
*HOW TO BECOME A SHITSKIN MOSLEM* - this is how: fuck goats, fuck your
mother (nikomak), molest children, wear a beekeepers outfit all the
time, never shower or bath, beat your wives, learn terrorist activities
at a maddrassa, wipe your ass with stones, sell the donkey you fucked to
a nearby village, marry a nine year-old , send your child off to an
indoctrination camp, practice thighing with little kids, Hijack a plane,
Hijack a ship, ............ Practice all those and you too could become
a prophet !!

== 2 of 2 ==
Date: Sun, Mar 21 2010 9:02 pm
From: "Qahir Al-Ashrar"

A MUST READ LETTER TO NON-MUSLIMS

DR UMAR AZAM BA PHD DCL DIP.FJ DIP.IM

Manchester, UK

Dear Non-Muslim,

Islamic organisations constantly receive enquiries from non-Muslims stating
that they [the latter] are considering whether to convert* to Islam, or
confirming that they have already decided to convert, and asking what their
next step should be. This paper is intended as a guide to such prospective
Muslims; it is not intended as a propagative exhortation to pressurise
non-Muslims to convert to Islam against their will.

Millions, of non-Muslims the world over have already converted to Islam, out
of their own free will, without duress of any kind, over the 1,424 years of
Islam's history. So, if you do convert, you will be joining a multitude of
fortunate people!

Most non-Muslims convert to Islam after being profoundly convinced of the
truth by the Holy Quran. So please read the English meaning of the Holy
Quran, or the translation of whichever language you use: Spanish, Swaheli,
German, Mandarin Chinese etc.

If you are thinking of converting to Islam but are feeling apprehensive,
it's a good idea to get advice from those Muslims who were themselves
formerly non-Muslims. Once you have decided to convert to Islam, all you
need to do is to go to a Mosque or Islamic Centre and you will be welcomed
with open arms. When you convert, you first need to take a bath and then
declare the following [it is in Arabic]:

" LA ILAH ILLALLAH MOHAMMED-UR-RASOOL ULLAH

There is no god except Allah and Mohammed [PBUM] is the Messenger of Allah

And you will have become a Muslim! After that, all you do is to follow the
rules of Islam with all your heart, that's it - it's so simple! There is no
compulsion or obligation for non-Muslims to convert to Islam: the Holy Quran
makes this absolutely clear. But believers are urged to preach Islam to
non-Muslims with 'a beautiful preaching'. If, as a non-Muslim, you become
convinced that upon converting you will, Insha'Allah [by the Will of God] be
saved from the Eternal Fire of Hell, then no other decision you make in your
life can be as important!

Here are some points a Muslim in the Mosque or Islamic Centre would make to
a non-Muslim to help him/her in his/her decision to become a Muslim:

Whoever you are, you are my ultimately my brother or sister because all
mankind is descended from Adam and Eve [May Allah Bless them]. So your
race, nationality, status etc. are of no particular concern to me or any
other Muslim.

Because you are my brother/sister, I care for you. So I don't want Hell to
be your destination after death. I want God to be kind to you. I want you
to go to Paradise. Do become a Muslim. Islam will give you Paradise.

We live in a temporary world. It is temporary because there is no guarantee
of life. Death can come at any time.

Be a Muslim at the time of your death. When you convert, you will be
forgiven all the sins you accumulated while you were a non-Muslim. Then when
death does come, you will be in a much stronger position to be forgiven the
sins you accumulated after becoming a Muslim and will, Insha'Allah, be
Blessed on the Day of Judgement.

Do not allow anti-Islamic propaganda to beguile you. Islam is a religion
of peace and love. Do not let your family and friends, if they disapprove
of you converting to Islam, become a barrier to your destiny. Your loyalty
to your Creator ought to be greater than to those you love [indeed God is
the Maker of such relationships]. No soul can bear your burden on the Day
of Judgement, so it is your decision alone. Moreover, you will be alone in
your grave, so your family and friends won't be able to help you if you die
in disbelief.

The most I can do for you is to tell you what is true: that if you decide
to believe, you will gain Salvation and Eternal Bliss. The most I can do is
to tell you so. The final decision as to whether you should convert or not
is in your hands. I pray that God be your Guide and Mercy.

Dr Umar Azam

Get The Holy Quran. It is absolutely FREE

http://www.freequran.org/

Usful links

www.islamonline.net

http://www.muslimheritage.com/Default.aspx

http://www.studying-islam.org/index.aspx

==============================================================================
TOPIC: Dr Jai Maharaj is a sad Monkey
http://groups.google.com/group/rec.arts.movies.local.indian/t/e19d9793a12a546d?hl=en
==============================================================================

== 1 of 1 ==
Date: Sun, Mar 21 2010 10:41 pm
From: bademiyansubhanallah

Adivasi
From Wikipedia, the free encyclopedia

This article needs additional citations for verification.
Please help improve this article by adding reliable references.
Unsourced material may be challenged and removed. (November 2008)

An Adivasi woman from the Kutia Kondh tribal group in Orissa
Ādivāssi (Devanagri: आदिवासी, literally: earliest inhabitants) is an
umbrella term for a heterogeneous set of ethnic and tribal groups
believed to be the aboriginal population of India.[1][2][3] They
comprise a substantial indigenous minority of the population of
India.Adivasi are also commonly known as Tribals[4].

Adivasi societies are particularly present in the Indian states of
Orissa, Madhya Pradesh, Chattisgarh, Rajasthan, Gujarat, Maharashtra,
Andhra Pradesh, Bihar, Jharkhand, West Bengal, Mizoram and other
northeastern states, and the Andaman and Nicobar Islands. Many smaller
tribal groups are quite sensitive to ecological degradation caused by
modernization. Both commercial forestry and intensive agriculture have
proved destructive to the forests that had endured swidden agriculture
for many centuries[5]. Officially recognized by the Indian government
as "Scheduled Tribes" in the Fifth Schedule of the Constitution of
India, they are often grouped together with scheduled castes in the
category "Scheduled Castes and Tribes", which is eligible for certain
affirmative action measures.

Contents [show]
1 Connotations of the word 'Adivasi'
2 Scheduled tribes
3 Primitive tribes
4 Geographical overview
5 The peopling of India
6 Disruptions during Mughal and colonial periods
7 Tribal classification criteria and demands
7.1 Demands for tribal classification
7.2 Endogamy, exogamy and ethnogenesis
7.3 Other criteria
8 Religion
8.1 Hinduism
8.1.1 Adivasi roots of modern Hinduism
8.1.2 Adivasi Saints
8.1.3 Sages
8.1.4 Maharishis
8.1.5 Avatars
8.1.6 Other Tribals and Hinduism
8.2 Sarna
8.3 Tribals want separate religion code
9 Tribal system
10 Education
11 Economy
11.1 Exploitation
12 Participation in Indian independence movement
12.1 List of rebellions against British rule
13 Some notable Scheduled Tribes
14 See also
15 References
16 Further reading
17 External links

[edit] Connotations of the word 'Adivasi'
Although terms such as atavika (Sanskrit for forest dwellers), vanvasi
or girijan (hill people)[6] are also used for the tribes of India,
adivasi carries the specific meaning of being the original and
autochthonous inhabitants of a given region, and was specifically
coined for that purpose in the 1930s.[7] Over a period of time, unlike
the terms "aborigines" or "tribes", the word "adivasi" has also
developed a connotation of past autonomy which was disrupted during
the British colonial period in India and has not been restored.[8]
Opposition to usage of the term is varied, and it has been argued that
the "original inhabitant" contention is based on dubious claims and
that the adivasi - non adivasi divide that is created is artificial.
[9]

[edit] Scheduled tribes
The Constitution of India, Article 366 (25) defines Scheduled Tribes
as "such tribes or tribal communities or part of or groups within such
tribes or tribal communities as are deemed under Article 342 to the
scheduled Tribes (STs) for the purposes of this Constitution". In
Article 342, the procedure to be followed for specification of a
scheduled tribe is prescribed. However, it does not contain the
criterion for the specification of any community as scheduled tribe.
An often used criterion is based on attributes such as:

Geographical isolation - they live in cloistered, exclusive, remote
and inhospitable areas such as hills and forests.
Backwardness - their livelihood is based on primitive agriculture, a
low-value closed economy with a low level of technology that leads to
their poverty. They have low levels of literacy and health.
Distinctive culture, language and religion - communities have
developed their own distinctive culture, language and religion.
Shyness of contact – they have a marginal degree of contact with other
cultures and people.[10]
[edit] Primitive tribes
The Scheduled Tribe groups who were identified as more backward
communities among the tribal population groups have been categorised
as 'Primitive Tribal Groups' (PTGs) by the Government at the Centre in
1975. So far seventy-five tribal communities have been identified as
'primitive tribal groups' in different States of India. These hunting,
food-gathering, and some agricultural communities, who have been
identified as more backward communities among the tribal population
groups need special programmes for their sustainable development. The
primitive tribes are awakening and demanding their rights for special
reservation quota for them.[11]

[edit] Geographical overview
There is a substantial list of Scheduled Tribes in India recognised as
tribal under the Constitution of India. Tribal peoples constitute 8.2%
of the nation's total population, over 84 million people according to
the 2001 census. One concentration lives in a belt along the Himalayas
stretching through Jammu and Kashmir, Himachal Pradesh, and
Uttarakhand in the west, to Assam, Meghalaya, Tripura, Arunachal
Pradesh, Mizoram, Manipur, and Nagaland in the northeast. In the
northeastern states of Arunachal Pradesh, Meghalaya, Mizoram, and
Nagaland, more than 90% of the population is tribal. However, in the
remaining northeast states of Assam, Manipur, Sikkim, and Tripura,
tribal peoples form between 20 and 30% of the population.

Another concentration lives in the hilly areas of central India
(Chhattisgarh, Madhya Pradesh, Orissa and, to a lesser extent, Andhra
Pradesh); in this belt, which is bounded by the Narmada River to the
north and the Godavari River to the southeast, tribal peoples occupy
the slopes of the region's mountains. Other tribals, including the
Santals, live in Jharkhand and West Bengal. Central Indian states have
the country's largest tribes, and, taken as a whole, roughly 75% of
the total tribal population live there, although the tribal population
there accounts for only around 10% of the region's total population.

There are smaller numbers of tribal people in Karnataka, Tamil Nadu,
and Kerala in south India; in western India in Gujarat and Rajasthan,
and in the union territories of Lakshadweep and the Andaman Islands
and Nicobar Islands. About one percent of the populations of Kerala
and Tamil Nadu are tribal, whereas about six percent in Andhra Pradesh
and Karnataka are members of tribes.

[edit] The peopling of India
The concept of 'original inhabitant' is directly related to the
initial peopling of India, which, due to the debate on topics such as
the Indo-Aryan migration hypothesis, has been a contentious area of
research and discourse.[12] Some anthropologists hypothesize that the
region was settled by multiple human migrations over tens of
millennia, which makes it even harder to select certain groups as
being truly aboriginal.[13] One narrative, largely based on genetic
research, describes Negritos, similar to the Andamanese adivasis of
today, as the first humans to colonize India, likely 30-65 thousand
years before present (kybp).[14][15] 60% of all Indians share the
mtDNA haplogroup M, which is universal among Andamanese islander
adivasis and might be a genetic legacy of the postulated first Indians.
[16] Some anthropologists theorize that these settlers were displaced
by invading Austro-Asiatic-speaking Australoid people (who largely
shared skin pigmentation and physiognomy with the Negritos, but had
straight rather than kinky hair), and adivasi tribes such as the
Irulas trace their origins to that displacement.[17][18] The Oraon
adivasi tribe of eastern India and the Korku tribe of western India
are considered to be examples of groups of Australoid origin.[19][20]
Subsequent to the Australoids, some anthropologists and geneticists
theorize that Caucasoids (including both Dravidians and Indo-Aryans)
and Mongoloids (Sino-Tibetans) immigrated into India: the Dravidians
possibly from Iran,[21][22][23] the Indo-Aryans possibly from the
Central Asian steppes[22][24][25] and the Tibeto-Burmans possibly from
the Himalayan and north-eastern borders of the subcontinent.[26] It
should be noted that none of these hypotheses is free from debate and
disagreement.

Ethnic origins and linguistic affiliations in India match only
inexactly, however: while the Oraon adivasis are classified as an
Australoid group, their language, called Kurukh, is Dravidian.[27]
Khasis and Nicobarese are considered to be Mongoloid groups[28][29]
and the Munda and Santals are Australoid groups,[30][31][32] but all
four speak Austro-Asiatic languages.[28][29][30] The Bhils and Gonds
are frequently classified as Australoid groups,[33] yet Bhil languages
are Indo-European and the Gondi language is Dravidian.[27] Also, in
post-colonial India, tribal languages suffered huge setbacks with the
formation of linguistic states after 1956 under the States
Reorganisation Act. For example, under state-sponsored educational
pressure, Irula children are being taught Tamil and a sense of shame
has begun to be associated with speaking the Irula language among some
children and educated adults.[17] Similarly, the Santals are
"gradually adopting languages of the areas inhabited, like Oriya in
Orissa, Hindi in Bihar and Bengali in West Bengal."[31]

[edit] Disruptions during Mughal and colonial periods
Although considered uncivilized and primitive,[34] adivasis were
usually not held to be intrinsically impure by surrounding (usually,
caucasoid - Dravidian or Aryan) caste Hindu populations, unlike
Dalits, who were.[7][35] Thus, the adivasi origins of Maharshi
(Sanksrit: Great Sage) Valmiki, who composed the Ramayana Hindu
religious epic, were acknowledged,[36] as were the origins of adivasi
tribes such as the Grasia and Bhilala, which descended from mixed
Rajput and Bhil marriages.[37][38] Unlike the subjugation of the
dalits, the adivasis often enjoyed autonomy and, depending on region,
evolved mixed hunter-gatherer and farming economies, controlling their
lands as a joint patrimony of the tribe.[34][39][40] In some areas,
securing adivasi approval and support was considered crucial by local
rulers,[7][41] and larger adivasi groups were able to sustain their
own kingdoms in central India.[7] The Gond Rajas of Garha-Mandla and
Chanda are examples of an adivasi aristocracy that ruled in this
region, and were "not only the hereditary leaders of their Gond
subjects, but also held sway over substantial communities of non-
tribals who recognized them as their feudal lords."[39][42]

This relative autonomy and collective ownership of adivasi land by
adivasis was severely disrupted by the advent of the Mughals in the
early 16th century. Similarly, the British beginning in the 18th
century added to the consolidation of feudalism in India, first under
the jagirdari system and then under the zamindari system.[43]
Beginning with the Permanent Settlement imposed by the British in
Bengal and Bihar, which later became the template for a deepening of
feudalism throughout India, the older social and economic system in
the country began to alter radically.[44][45] Land, both forest areas
belonging to adivasis and settled farmland belonging to non-adivasi
peasants, was rapidly made the legal property of British-designated
zamindars (landlords), who in turn moved to extract the maximum
economic benefit possible from their newfound property and subjects
without regard to historical tenure or ownership.[46] Adivasi lands
sometimes experienced an influx of non-local settlers, often brought
from far away (as in the case of Muslims and Sikhs brought to Kol
territory)[47] by the zamindars to better exploit local land, forest
and labor.[43][44] Deprived of the forests and resources they
traditionally depended on and sometimes coerced to pay taxes, many
adivasis were forced to borrow at usurious rates from moneylenders,
often the zamindars themselves.[48][49] When they were unable to pay,
that forced them to become bonded laborers for the zamindars.[50]
Often, far from paying off the principal of their debt, they were
unable even to offset the compounding interest, and this was made the
justification for their children working for the zamindar after the
death of the initial borrower.[50] In the case of the Andamanese
adivasis, long isolated from the outside world in autonomous
societies, mere contact with outsiders was often sufficient to set off
deadly epidemics in tribal populations,[51] and it is alleged that
some sections of the British government directly attempted to destroy
some tribes.[52]

Land dispossession and subjugation by British and zamindar interests
resulted in a number of adivasi revolts in the late eighteenth and
early nineteenth centuries, such as the Santal hul (or Santal revolt)
of 1855-56.[53] Although these were suppressed ruthlessly by the
governing British authority (the East India Company prior to 1858, and
the British government after 1858), partial restoration of privileges
to adivasi elites (e.g. to Mankis, the leaders of Munda tribes) and
some leniency in tax burdens resulted in relative calm, despite
continuing and widespread dispossession, from the late nineteenth
century onwards.[47][54] The economic deprivation, in some cases,
triggered internal adivasi migrations within India that would continue
for another century, including as labor for the emerging tea
plantations in Assam.[55]

[edit] Tribal classification criteria and demands

Scarification, a traditional symbol of Great Andamanese tribal
identity (1901 photo)Population complexities, and the controversies
surrounding ethnicity and language in India, sometimes make the
official recognition of groups as adivasis (by way of inclusion in the
Scheduled Tribes list) political and contentious. However, regardless
of their language family affiliations, Australoid and Negrito groups
that have survived as distinct forest, mountain or island dwelling
tribes in India and are often classified as adivasi.[56] The
relatively autonomous Mongoloid tribal groups of Northeastern India
(including Khasis, Apatani and Nagas), who are mostly Austro-Asiatic
or Tibeto-Burman speakers, are also considered to be adivasis: this
area comprises 7.5% of India's land area but 20% of its adivasi
population.[57] However, not all autonomous northeastern groups are
considered adivasis; for instance, the Tibeto-Burman-speaking Meitei
of Manipur were once tribal but, having been settled for many
centuries, are caste Hindus.[58]

It is also difficult, for a given social grouping, to definitively
decide whether it is a 'caste' or a 'tribe'. A combination of internal
social organization, relationship with other groups, self-
classification and perception by other groups has to be taken into
account to make a categorization, which is at best inexact and open to
doubt.[59] These categorizations have been diffuse for thousands of
years, and even ancient formulators of caste-discriminatory legal
codes (which usually only applied to settled populations, and not
adivasis) were unable to come up with clean distinctions.[60]

[edit] Demands for tribal classification
An additional difficulty in deciding whether a group meets the
criteria to be adivasi or not are the aspirational movements created
by the federal and state benefits, including job and educational
reservations, enjoyed by groups listed as scheduled tribes (STs).[61]
In Manipur, Meitei commentators have pointed to the lack of scheduled
tribe status as a key economic disadvantage for Meiteis competing for
jobs against groups that are classified as scheduled tribes.[58] In
Assam, Rajbongshi representatives have demanded scheduled tribe status
as well.[62] In Rajasthan, Haryana and other northern states, the
Gujjar community has demanded ST status, even blockading the national
capital of Delhi to press their demand.[63] In several cases, these
claims to tribalhood are disputed by tribes who are already listed in
the schedule and fear economic losses if more powerful groups are
recognized as scheduled tribes; for instance, the Rajbongshi demand
faces resistance from the Bodo tribe,[62] and the Meena tribe has
vigorously opposed Gujjar aspirations to be recognized as a scheduled
tribe.[64]

[edit] Endogamy, exogamy and ethnogenesis
Part of the challenge is that the endogamous nature of tribes is also
conformed to by the vast majority of Hindu castes. Indeed, many
historians and anthropologists believe that caste endogamy reflects
the once-tribal origins of the various groups who now constitute the
settled Hindu castes.[65] Another defining feature of caste Hindu
society, which is often used to contrast them with Muslim and other
social groupings, is lineage/clan (or gotra) and village exogamy.[66]
[67] However, these in-marriage taboos are also held ubiquitously
among tribal groups, and do not serve as reliable differentiating
markers between caste and tribe.[68][69][70] Again, this could be an
ancient import from tribal society into settled Hindu castes.[71]
Interestingly, tribes such as the Muslim Gujjars of Kashmir and the
Kalash of Pakistan observe these exogamous traditions in common with
caste Hindus and non-Kashmiri adivasis, though their surrounding
Muslim populations do not.[66][72]

Some anthropologists, however, draw a distinction between tribes who
have continued to be tribal and tribes that have been absorbed into
caste society in terms of the breakdown of tribal (and therefore
caste) boundaries, and the proliferation of new mixed caste groups. In
other words, ethnogenesis (the construction of new ethnic identities)
in tribes occurs through a fission process (where groups splinter-off
as new tribes, which preserves endogamy), whereas with settled castes
it usually occurs through intermixture (in violation of strict
endogamy).[73]

[edit] Other criteria
Unlike castes, which form part of a complex and interrelated local
economic exchange system, tribes tend to form self-sufficient economic
units. For most tribal people, land-use rights traditionally derive
simply from tribal membership. Tribal society tends to the
egalitarian, with its leadership based on ties of kinship and
personality rather than on hereditary status. Tribes typically consist
of segmentary lineages whose extended families provide the basis for
social organization and control. Tribal religion recognizes no
authority outside the tribe.Have never been in India Caste system[74]

Any of these criteria may not apply in specific instances. Language
does not always give an accurate indicator of tribal or caste status.
Especially in regions of mixed population, many tribal groups have
lost their mother tongues and simply speak local or regional
languages. In parts of Assam - an area historically divided between
warring tribes and villages - increased contact among villagers began
during the colonial period, and has accelerated since independence in
1947. A pidgin Assamese developed while educated tribal members
learned Hindi and, in the late twentieth century, English.

Self-identification and group loyalty do not provide unfailing markers
of tribal identity either. In the case of stratified tribes, the
loyalties of clan, kin, and family may well predominate over those of
tribe. In addition, tribes cannot always be viewed as people living
apart; the degree of isolation of various tribes has varied
tremendously. The Gonds, Santals, and Bhils traditionally have
dominated the regions in which they have lived. Moreover, tribal
society is not always more egalitarian than the rest of the rural
populace; some of the larger tribes, such as the Gonds, are highly
stratified.

The apparently wide fluctuation in estimates of South Asia's tribal
population through the twentieth century gives a sense of how unclear
the distinction between tribal and nontribal can be. India's 1931
census enumerated 22 million tribal people, in 1941 only 10 million
were counted, but by 1961 some 30 million and in 1991 nearly 68
million tribal members were included. The differences among the
figures reflect changing census criteria and the economic incentives
individuals have to maintain or reject classification as a tribal
member.

These gyrations of census data serve to underline the complex
relationship between caste and tribe. Although, in theory, these terms
represent different ways of life and ideal types, in reality they
stand for a continuum of social groups. In areas of substantial
contact between tribes and castes, social and cultural pressures have
often tended to move tribes in the direction of becoming castes over a
period of years. Tribal peoples with ambitions for social advancement
in Indian society at large have tried to gain the classification of
caste for their tribes. On occasion, an entire tribe or part of a
tribe joined a Hindu sect and thus entered the caste system en masse.
If a specific tribe engaged in practices that Hindus deemed polluting,
the tribe's status when it was assimilated into the caste hierarchy
would be affected.

[edit] Religion
Main article: Tribal religions in India
The majority of Adivasi practice Hinduism and Christianity. During the
last two decades Adivasi from Orissa, Madhya Pradesh, Jharkhand have
converted to Protestant groups. Adivasi beliefs vary by tribe, and are
usually different from the historical Vedic religion, with its
monistic underpinnings, Indo-European deities (who are often cognates
of ancient Iranian, Greek and Roman deities, e.g. Mitra/Mithra/
Mithras), lack of idol worship and lack of a concept of reincarnation.
[75] The "centre of Rig Vedic religion was the Yajna, the sacrificial
fire" and there was "no Atma, no Brahma, no Moksha, no idol worship in
the Rig Veda."[76] Two specific rituals held great importance and it
is known that, "when the Indo-Aryans and the Persians formed a single
people, they performed sacrifices (Vedic yajna: Avestan yasna), and
that they already had a sacred drink (Vedic soma: Avestan haoma)."[77]

[edit] Hinduism
[edit] Adivasi roots of modern Hinduism
Most important deities added to the Hindu pantheon after the Vedic
period were dark-skinned, such as Vishnu (who has been described as
meghavarnam, or dark as a cloud), Rama, Krishna, Shiva and Kali, which
may reflect adivasi origins.[78] Today, these deities constitute the
main divinities worshiped by most caste Hindus.[79] In a marked
departure from the Indo-Aryan religion (although not directly
contradicted by it), idol worship has also become firmly established
for most Hindus, though exceptions such as the Arya Samaj school do
exist.[80] Some historians and anthropologists assert that much of
what constitutes popular Hinduism today is actually descended from an
amalgamation of adivasi faiths, idol worship practices and deities,
rather than the original Indo-Aryan faith.[76][81][82] This also
includes the sacred status of certain animals and plants, such as
monkeys, cows, peacocks, cobras (nagas), elephants, peepul, tulsi
(holy basil) and neem, which may once have held totemic importance for
certain adivasi tribes.[81]

[edit] Adivasi Saints
Saint Buddhu Bhagat, led the Kol Insurrection (1831-1832) aimed
against tax imposed on Mundas by Muslim rulers.
Saint Dhira or Kannappa Nayanar[10], one of 63 Nayanar Shaivite
saints, a hunter from whom Lord Shiva gladly accepted food offerings.
It is said that he poured water from his mouth on the Shivlingam and
offered the Lord swine flesh.[11]
Saint Dhudhalinath, Koli, Gujarati, a 17th or 18th century devotee (P.
4, The Story of Historic People of India-The Kolis)
Saint Ganga Narain, led the Bhumij Revolt (1832-1833) aimed against
missionaries and British colonialists.
Saint Girnari Velnathji, Koli, Gujarati of Junagadh, a 17th or 18th
century devotee [83]
Saint Gurudev Kalicharan Brahma or Guru Brahma, a Bodo whose founded
the Brahma Dharma aimed against missionaries and colonialists. The
Brahma Dharma movement sought to unite peoples of all religions to
worship God together and survives even today.
Saint Jatra Oraon, Oraon, led the Tana Bhagat Movement (1914-1919)
aimed against the missionaries and British colonialists
Saint Sri Koya Bhagat, Koli, Gujarati, a 17th or 18th century devotee
[83]
Saint Tantya Mama (Bhil), a Bhil after whom a movement is named after
- the "Jananayak Tantya Bhil"
Saint Tirumangai Alvar, Kallar, composed the six Vedangas in beautiful
Tamil verse[12]
[edit] Sages
Bhaktaraj Bhadurdas, Koli, Gujarati, a 17th or 18th century devotee
[83]
Bhakta Shabari, a Bhil woman that offered Shri Rama and Shri Laxmana
her half-eaten ber fruit, which they gratefully accepted when they
were searching for Shri Sita Devi in the forest.
Madan Bhagat, Koli, Gujarati, a 17th or 18th century devotee [83]
Sany Kanji Swami, Koli, Gujarati, a 17th or 18th century devotee [83]
Bhaktaraj Valram, Koli, Gujarati, a 17th or 18th century devotee [83]
[edit] Maharishis
Maharshi Matanga[84], Matanga Bhil, Guru of Bhakta Shabari. In fact,
Chandalas are often addressed as 'Matanga 'in passages like Varaha
Purana 1.139.91
Maharshi Valmiki, Kirata Bhil, composed the Ramayana.[36] He is
considered to be an avatar in the Balmiki community.
[edit] Avatars
Birsa Bhagwan or Birsa Munda, considered an avatar of Khasra Kora.
People approached him as Singbonga, the supreme spirit. He converted
even Christians to his own sect.[13] He was against conversions by
missionaries. He wanted not only political, but religious freedom as
well![14] He and his clan, the Mundas, were connected with Vaishnavite
traditions as they were influenced by Sri Chaitanya.[15] Birsa was
very close to the Panre brothers Vaishnavites.
Kirata - the form of Lord Shiva as a hunter. It is mentioned in the
Mahabharata. The Karppillikkavu Sree Mahadeva Temple, Kerala adores
Lord Shiva in this avatar and is known to be one of the oldest
surviving temples in Bharat.
Vettakkorumakan, the son of Lord Kirata.
Kaladutaka or 'Vaikunthanatha', Kallar (robber), avatar of Lord Vishnu.
[16]
[edit] Other Tribals and Hinduism
Some Hindus believe that Indian tribals are close to the romantic
ideal of the ancient silvan culture[85] of the Vedic people. Madhav
Sadashiv Golwalkar said:

"The tribals "can be given yajñopavîta (…) They should be given equal
rights and footings in the matter of religious rights, in temple
worship, in the study of Vedas, and in general, in all our social and
religious affairs. This is the only right solution for all the
problems of casteism found nowadays in our Hindu society."[86]

At the Lingaraja temple in Bhubaneswar (11th century), there are
Brahmin and Badu (tribal) priests. The Badus have the most intimate
contact with the deity of the temple, and only they can bathe and
adorn it.[87]

The Bhil tribe is mentioned in the Mahabharata. The Bhil boy Eklavya's
teacher was Drona, and he had the honour to be invited to
Yudhisthira's Rajasuya Yajna at Indraprastha.[88] Indian tribals were
also part of royal armies in the Ramayana and in the Arthasastra.[89]

Bhakta Shabari was a Bhil woman that offered Shri Rama and Shri
Laxmana 'ber' when they were searching for Shri Sita in the forest.
Maharishi Matanga, a Bhil became a Brahmana.

[edit] Sarna
Some western authors and Indian sociologists refer to adivasi beliefs
as animism and spirit worship, and hold them to be distinct from
Hinduism, Christianity or Islam. In Jharkhand, Chattisgarh and Orissa
states, their religion is sometimes called Sarna. The Jharkhand
movement gave the Santals an opportunity to create a 'great tradition'
of their own. [90] As Orans reported, "The movement is spoken of in
the following terms 'we should not leave our religion; we should
continue to use rice-beer; we should have our worship at the sacred
grove; also we shuld not stop eating beef. We will call our religion
Sarna Dhorom.' [91] Sarna is the Munda word for 'Sacred Grove' while
Dhorom is the Oriya word meaning 'religion'. [92]

Sarna involves belief in a great spirit called the Sing Bonga. Santhal
belief holds the world to be inhabited by numerous spiritual beings of
different kinds. Santhals consider themselves as living and doing
everything in close association with these spirits. Rituals are
performed under groves of Sal trees called Jaher (or sacred grove),
where Bonga is believed to appear or express himself. Often, Jaher are
found in the forests.

According to the mythology of the Santhal community, the genesis of
the 'Sarna' religion occurred when the 'Santhal tribals had gone to
the forest for hunting and they started the discussion about their
'Creator and Savior' while they were taking rest under a tree. They
questioned themselves that who is their God? Whether the Sun, the Wind
or the Cloud? Finally, they came to a conclusion that they would leave
an arrow in the sky and wherever the arrow would target that will be
the God's house. They left an arrow in the sky; it fell down under a
Sal tree. Then, they started worshiping the Sal tree and named their
religion as 'Sarna' because it is derived from a Sal tree.[citation
needed]4 Thus, Sarna religion came into existence. There are priests
and an assistant priests called "Naikey" and "Kudam Naike" in every
Santhal village.

[edit] Tribals want separate religion code
Tribal groups from several states across the country held a protest in
Delhi, demanding they be listed under a distinct 'religion code' in
the 2011 population census. Union Minister of Food Processing
Industries Subodh Kant Sahay, who visited the protest-site, promised
to take their demands to the government.Nearly 150 people of various
tribal groups from states like Jharkhand, Chhattisgarh, West Bengal,
Orissa, Bihar and Madhya Pradesh took part in the protest at Jantar
Mantar.The protesters said that unlike other religions of the country,
which have been provided specific allocations, the tribal groups which
form 8.2 percent of the country's population, have been deprived of
their religious identity.They appealed to the government to bring
about changes in the 2011 population census table and work towards
betterment of their living conditions.[93]

[edit] Tribal system
Tribals are not part of the caste system. This is an egalitarianism
society. Christian tribals do not automatically lose their traditional
tribal rules.

When in 1891 a missionary asked 150 Munda Christians to "inter-dine"
with people of different rank, only 20 Christians did so, and many
converts lost their new faith. Father Haghenbeek concluded on this
episode that these rules are not "pagan", but a sign of "national
sentiment and pride", and wrote:

"On the contrary, while proclaiming the equality of all men before
God, we now tell them: preserve your race pure, keep your customs,
refrain from eating with Lohars (blacksmiths), Turis (bamboo workers)
and other people of lower rank. To become good Christians, it (inter-
dining) is not required."[94]

However, many scholars argue that the claim that tribals are an
egalitarian society in contrast to a caste-based society is a part of
a larger political agenda by some to maximize any differences from
tribal and urban societies. According to scholar Koenraad Elst, caste
practices and social taboos among Indian tribals date back to
antiquity:

"The Munda tribals not only practise tribal endogamy and commensality,
but also observe a jâti division within the tribe, buttressed by
notions of social pollution, a mythological explanation and harsh
punishments. A Munda Catholic theologian testifies: The tribals of
Chhotanagpur are an endogamous tribe. They usually do not marry
outside the tribal community, because to them the tribe is sacred. The
way to salvation is the tribe. Among the Santals, it is tabooed to
marry outside the tribe or inside ones clan, just as Hindus marry
inside their caste and outside their gotra. More precisely: To protect
their tribal solidarity, the Santals have very stringent marriage
laws. A Santal cannot marry a non-Santal or a member of his own clan.
The former is considered as a threat to the tribe's integrity, while
the latter is considered incestuous. Among the Ho of Chhotanagpur, the
trespasses which occasion the exclusion from the tribe without chance
of appeal, are essentially those concerning endogamy and exogamy."

Inter-dining has also been prohibited by many Indian tribal peoples.

[edit] Education
Extending the system of primary education into tribal areas and
reserving places for tribal children in middle and high schools and
higher education institutions are central to government policy, but
efforts to improve a tribe's educational status have had mixed
results. Recruitment of qualified teachers and determination of the
appropriate language of instruction also remain troublesome.
Commission after commission on the "language question" has called for
instruction, at least at the primary level, in the students' native
tongue. In some regions, tribal children entering school must begin by
learning the official regional language, often one completely
unrelated to their tribal tongue.

Many tribal schools are plagued by high dropout rates. Children attend
for the first three to four years of primary school and gain a
smattering of knowledge, only to lapse into illiteracy later. Few who
enter continue up to the tenth grade; of those who do, few manage to
finish high school. Therefore, very few are eligible to attend
institutions of higher education, where the high rate of attrition
continues. Members of agrarian tribes like the Gonds often are
reluctant to send their children to school, needing them, they say, to
work in the fields. On the other hand, in those parts of the northeast
where tribes have generally been spared the wholesale onslaught of
outsiders, schooling has helped tribal people to secure political and
economic benefits. The education system there has provided a corps of
highly trained tribal members in the professions and high-ranking
administrative posts.

An academy for teaching and preserving Adivasi languages and culture
was established in 1999 by the Bhasha Research and Publication Centre.
The Adivasi Academy is located at Tejgadh in Gujarat.

[edit] Economy
Most tribes are concentrated in heavily forested areas that combine
inaccessibility with limited political or economic significance.
Historically, the economy of most tribes was subsistence agriculture
or hunting and gathering. Tribal members traded with outsiders for the
few necessities they lacked, such as salt and iron. A few local Hindu
craftsmen might provide such items as cooking utensils.

In the early 20th century, however, large areas fell into the hands of
non-tribals, on account of improved transportation and communications.
Around 1900, many regions were opened by the government to settlement
through a scheme by which inward migrants received ownership of land
free in return for cultivating it. For tribal people, however, land
was often viewed as a common resource, free to whoever needed it. By
the time tribals accepted the necessity of obtaining formal land
titles, they had lost the opportunity to lay claim to lands that might
rightfully have been considered theirs. The colonial and post-
independence regimes belatedly realized the necessity of protecting
tribals from the predations of outsiders and prohibited the sale of
tribal lands. Although an important loophole in the form of land
leases was left open, tribes made some gains in the mid-twentieth
century, and some land was returned to tribal peoples despite
obstruction by local police and land officials.

In the 1970s, tribal peoples came again under intense land pressure,
especially in central India. Migration into tribal lands increased
dramatically, as tribal people lost title to their lands in many ways
– lease, forfeiture from debts, or bribery of land registry officials.
Other non-tribals simply squatted, or even lobbied governments to
classify them as tribal to allow them to compete with the formerly
established tribes. In any case, many tribal members became landless
labourers in the 1960s and 1970s, and regions that a few years earlier
had been the exclusive domain of tribes had an increasingly mixed
population of tribals and non-tribals. Government efforts to evict
nontribal members from illegal occupation have proceeded slowly; when
evictions occur at all, those ejected are usually members of poor,
lower castes.

Improved communications, roads with motorized traffic, and more
frequent government intervention figured in the increased contact that
tribal peoples had with outsiders. Commercial highways and cash crops
frequently drew non-tribal people into remote areas. By the 1960s and
1970s, the resident nontribal shopkeeper was a permanent feature of
many tribal villages. Since shopkeepers often sell goods on credit
(demanding high interest), many tribal members have been drawn deeply
into debt or mortgaged their land. Merchants also encourage tribals to
grow cash crops (such as cotton or castor-oil plants), which increases
tribal dependence on the market for basic necessities. Indebtedness is
so extensive that although such transactions are illegal, traders
sometimes 'sell' their debtors to other merchants, much like
indentured peons.

The final blow for some tribes has come when nontribals, through
political jockeying, have managed to gain legal tribal status, that
is, to be listed as a Scheduled Tribe.

Tribes in the Himalayan foothills have not been as hard-pressed by the
intrusions of non-tribal. Historically, their political status was
always distinct from the rest of India. Until the British colonial
period, there was little effective control by any of the empires
centered in peninsular India; the region was populated by autonomous
feuding tribes. The British, in efforts to protect the sensitive
northeast frontier, followed a policy dubbed the "Inner Line"; non
tribal people were allowed into the areas only with special
permission. Postindependence governments have continued the policy,
protecting the Himalayan tribes as part of the strategy to secure the
border with China.

Government policies on forest reserves have affected tribal peoples
profoundly. Government efforts to reserve forests have precipitated
armed (if futile) resistance on the part of the tribal peoples
involved. Intensive exploitation of forests has often meant allowing
outsiders to cut large areas of trees (while the original tribal
inhabitants were restricted from cutting), and ultimately replacing
mixed forests capable of sustaining tribal life with single-product
plantations. Nontribals have frequently bribed local officials to
secure effective use of reserved forest lands.

The northern tribes have thus been sheltered from the kind of
exploitation that those elsewhere in South Asia have suffered. In
Arunachal Pradesh (formerly part of the North-East Frontier Agency),
for example, tribal members control commerce and most lower-level
administrative posts. Government construction projects in the region
have provided tribes with a significant source of cash. Some tribes
have made rapid progress through the education system (the role of
early missionaries was significant in this regard). Instruction was
begun in Assamese but was eventually changed to Hindi; by the early
1980s, English was taught at most levels. Northeastern tribal people
have thus enjoyed a certain measure of social mobility.

[edit] Exploitation
Prime Minister Manmohan Singh has told chief ministers from 29 Indian
states to end exploitation of tribal people.Speaking at a conference
in Delhi, Mr Singh said there had been a "systematic failure" to give
tribal people a stake in India's modern economy. Also said that this
this was fomenting discontent, making them vulnerable to Maoists. Mr
Singh said indigenous groups, who live mainly in forests, were not
taken into account when considering the development of these
areas."There has been a systematic failure in giving the tribals a
stake in the modern economic processes that inexorably intrude into
their living spaces," he told the conference of chief ministers and
state ministers of tribal affairs."The alienation built over decades
is now taking a dangerous turn in some parts of our country. The
systematic exploitation and social and economic abuse of our tribal
communities can no longer be tolerated.Also said 'We must change our
ways of dealing with tribals - we have to win the battle for their
hearts'.[95][96][97][98][99]

[edit] Participation in Indian independence movement
There were tribal reform and rebellion movements during the period of
the British Empire, some of which also participated in the Indian
freedom struggle or attacked mission posts.[100] There were several
Adivasis in the Indian independence movement including Khajya Naik,
Bhima Naik, Jantya Bhil and Rehma Vasave.

[edit] List of rebellions against British rule
During the period of British rule, India saw the rebellions of several
backward-castes, mainly tribals that revolted against British rule.
These were:[101].

Halba rebellion (1774-79)
Chamka rebellion (1776-1787)[102]
Chuar rebellion in Bengal (1795-1800)[103]
Bhopalpatnam Struggle (1795)
Khurda Rebellion in Orissa (1817)[104]
Bhil rebellion (1822-1857)[105]
Paralkot rebellion (1825)
Tarapur rebellion (1842-54)
Maria rebellion (1842-63)
First Freedom Struggle (1856-57)
Bhil rebellion, begun by Tantya Tope in Banswara (1858)[106]
Koi revolt (1859)
Gond rebellion, begun by Ramji Gond in Adilabad (1860)[107]
Muria rebellion (1876)
Rani rebellion (1878-82)
Bhumkal (1910)
The Kuki Uprising (1917-1919)in Manipur

Some notable Scheduled Tribes

See also

References

^ Lok Sabha Debates ser.10 Jun 41-42 1995 v.42 no.41-42, Lok Sabha
Secretariat, Parliament of India, 1995, http://books.google.com/books?id=EaRXAAAAMAAJ,
retrieved 2008-11-25, "... Adivasis are the aborigines of India ..."
^ Minocheher Rustom Masani and Ramaswamy Srinivasan (1985), Freedom
and Dissent: Essays in Honour of Minoo Masani on His Eigthtieth
Birthday, Democratic Research Service, http://books.google.com/books?id=v861AAAAIAAJ,
retrieved 2008-11-25, "... The Adivasis are the original inhabitants
of India. That is what Adivasi means: the original inhabitant. They
were the people who were there before the Dravidians. The tribals are
the Gonds, the Bhils, the Murias, the Nagas and a hundred more. ..."
^ Mohandas Karamchand Gandhi (1968), The Selected Works of Mahatma
Gandhi : Satyagraha in South Africa, Navajivan Publishing House,
http://books.google.com/books?id=cApuAAAAMAAJ, retrieved 2008-11-25,
"... The Adivasis are the original inhabitants ..."
^ [1]
^ Acharya, Deepak and Shrivastava Anshu (2008): Indigenous Herbal
Medicines: Tribal Formulations and Traditional Herbal Practices,
Aavishkar Publishers Distributor, Jaipur- India. ISBN 9788179102527.
pp 440.
^ Elst, Koenraad: (2001)
^ a b c d Robert Harrison Barnes, Andrew Gray and Benedict Kingsbury
(1995), Indigenous Peoples of Asia, Association for Asian Studies,
ISBN 0924304146, http://books.google.com/books?id=-8eBAAAAMAAJ,
retrieved 2008-11-25, "... The Concept of the Adivasi: According to
the political activists who coined the word in the 1930s, the
"adivasis" are the original inhabitants of South Asia ..."
^ Louise Waite (2006), Embodied Working Lives: Work and Life in
Maharashtra, India, Lexington Books, ISBN 073910876X,
http://books.google.com/books?id=gLm6WmbFsA0C, retrieved 2008-11-25,
"... The scheduled tribes themselves tend to refer to their ethnic
grouping as adivasis, which means 'original inhabitant.' Hardiman
continues to argue that the term adivasi is preferable in India as it
evokes a shared history of relative freedom in precolonial
times ..."
^ Govind Sadashiv Ghurye (1980), The Scheduled Tribes of India,
Transaction Publishers, ISBN 0878556923, http://books.google.com/books?id=9qt2e8xc-M4C,
retrieved 2008-11-25, "... I have stated above, while ascertaining the
general attitude of Mr. Jaipal Singh to tribal problems, his
inisistence on the term 'Adivasi' being used for Schedule Tribes ...
Sir, myself I claim to an Adivasi and an original inhabitant of the
country as Mr. Jaipal Singh ... a pseudo-ethno-historical
substantiation for the term 'Adivasi' ..."
^ [2] Labour Bureau, Government of India (from here)
^ New Book: Anthropology of Primitive Tribes in India
^ Edwin Bryant and Laurie L. Patton (2005), The Indo-Aryan
Controversy, Routledge, ISBN 0700714626, http://books.google.com/books?id=ui3nAXVstroC,
retrieved 2008-11-25, "... we now exist in an era where one's use of
evidence is inevitably suspect of being linked to nationalist,
colonialist, or cultural agendas ... No issue is more illustrative of
this impasse than the debate about Aryan origins ..."
^ Ludwig Gumplowicz and Irving Louis Horowitz (1980), Outlines of
Sociology, Transaction Publishers, ISBN 0878556931,
http://books.google.com/books?id=JbbKfaEJvm4C, retrieved 2008-11-25,
"... The Negritos were the earliest inhabitants of India ... The Proto-
Australoids who followed them had their type more or less fixed in
India and therefore may be considered to be the true aborigines.
Thereafter the Austro-Asiatic peoples came ... the Indo Aryans came
and settled in India; so, too, did the Dravidians ... This being the
state of our knowledge regarding the peopling of India, it would be
hazardous to look upon one particular section of the population as the
aborigines of India ..."
^ Spencer Wells (2002), The Journey of Man: A Genetic Odyssey,
Princeton University Press, ISBN 069111532X, http://books.google.com/books?id=WAsKm-_zu5sC,
"... the population of south-east Asia prior to 6000 years ago was
composed largely of groups of hunter-gatherers very similar to modern
Negritos ... So, both the Y-chromosome and the mtDNA paint a clear
picture of a coastal leap from Africa to south-east Asia, and onward
to Australia ... DNA has given us a glimpse of the voyage, which
almost certainly followed a coastal route va India ..."
^ Jim Mason (2005), An Unnatural Order: The Roots of Our Destruction
of Nature, Lantern Books, ISBN 1590560817, http://books.google.com/books?id=7nTUkoLzSk0C,
"... Australia's "aboriginal" peoples are another case in point. At
the end of the Ice Age, their homeland stretched from the middle of
India eastward into southeast Asia and as far south as Indonesia and
nearby islands. As agriculture spread from its centers in southeast
Asia, these pre-Australoid forager people moved farther southward to
New Guinea and Australia. ..."
^ Revathi Rajkumar et al., Phylogeny and antiquity of M
macrohaplogroup inferred from complete mt DNA sequence of Indian
specific lineages, BMC Evolutionary Biology 2005, 5:26 doi:
10.1186/1471-2148-5-26
^ a b K.V. Zvelebil (1982), The Irula language, O. Harrassowitz, ISBN
3447022477, http://books.google.com/books?id=NlSCAAAAIAAJ, "... into
the low jungles of the Nilgiris (such movement might have been
instigated eg by the advancing Australoids pushing out an earlier pre-
Australoid ...)"
^ Stephen Fuchs (1974), The Aboriginal Tribes of India, Macmillan
India, http://books.google.com/books?id=2hEkAAAAMAAJ, "... Guha thinks
that the Negritos were the earliest racial element in India. He
believes that the Kadar, Irulas and Panyans of south India have a
Negrito strain, even though he admits that they are not pure
Negritos ..."
^ S. Neeta and V.K. Kashyap (January 2004, Volume 49, Issue 1),
Allelic variation at 15 microsatellite loci in one important
Australoid and two Indocaucasoid groups of Chhattisgarh, India,
Journal of Forensic Sciences, ISSN 0022-1198,
http://www.astm.org/JOURNALS/FORENSIC/PAGES/JFS2003077.htm, retrieved
2008-11-25, "... Among the studied population groups, Oraon is a
tribal group, conventionally agriculture-based, ethnically Australoid.
They are confined to the small villages and do not prefer to marry
outside their community maintaining the genetic make-up without any
admixture. ..."
^ N. Saha and H.K. Goswami (1987, Vol. 37, No. 5), Some Blood Genetic
Markers in the Korkus of Central India, International Journal of Human
and Medical Genetics,
http://content.karger.com/ProdukteDB/produkte.asp?Aktion=ShowAbstract&ArtikelNr=000153717&Ausgabe=237568&ProduktNr=224250,
retrieved 2008-11-25, "... A sample of 102 individuals from the Korkus
tribe, an Australoid race inhabiting Central India, was studied for
the distribution of haemoglobin and ten red cell enzyme types ..."
^ Tamil Literature Society (1963, Vol. 10), Tamil Culture, Academy of
Tamil Culture, http://books.google.com/books?id=cNUgAAAAMAAJ,
retrieved 2008-11-25, "... together with the evidence of archaeology
would seem to suggest that the original Dravidian-speakers entered
India from Iran in the fourth millennium BC ..."
^ a b Namita Mukherjee, Almut Nebel, Ariella Oppenheim and Partha P.
Majumder (December 2001, Vol. 80, No. 3), "High-resolution analysis of
Y-chromosomal polymorphisms reveals signatures of population movements
from central Asia and West Asia into India" (PDF), Journal of Genetics
(Springer India), http://www.springerlink.com/content/qw238444x1q3128h/fulltext.pdf,
retrieved 2008-11-25, "... More recently, about 15,000-10,000 years
before present (ybp), when agriculture developed in the Fertile
Crescent region that extends from Israel through northern Syria to
western Iran, there was another eastward wave of human migration
(Cavalli-Sforza et al., 1994; Renfrew 1987), a part of which also
appears to have entered India. This wave has been postulated to have
brought the Dravidian languages into India (Renfrew 1987).
Subsequently, the Indo-European (Aryan) language family was introduced
into India about 4,000-3,000 ybp ..."
^ Dhavendra Kumar (2004), Genetic Disorders of the Indian
Subcontinent, Springer, ISBN 1402012152, http://books.google.com/books?id=bpl0LXKj13QC,
retrieved 2008-11-25, "... The analysis of two Y chromosome variants,
Hgr9 and Hgr3 provides interesting data (Quintan-Murci et al., 2001).
Microsatellite variation of Hgr9 among Iranians, Pakistanis and
Indians indicate an expansion of populations to around 9000 YBP in
Iran and then to 6,000 YBP in India. This migration originated in wha
was historically termed Elam in south-west Iran to the Indus valley,
and may have been associated with the spread of Dravidian languages
from south-west Iran (Quintan-Murci et al., 2001). ..."
^ Frank Raymond Allchin and George Erdosy (1995), The Archaeology of
Early Historic South Asia: The Emergence of Cities and States,
Cambridge University Press, http://books.google.com/books?id=EfZRVIjjZHYC,
retrieved 2008-11-25, "... There has also been a fairly general
agreement that the Proto-Indoaryan speakers at one time lived on the
steppes of Central Asia and that at a certain time they moved
southwards through Bactria and Afghanistan, and perhaps the Caucasus,
into Iran and India-Pakistan (Burrow 1973; Harmatta 1992) ..."
^ Hermann Kulke, Dietmar Rothermund (1998), High-resolution analysis
of Y-chromosomal polymorphisms reveals signatures of population
movements from central Asia and West Asia into India, Routledge, ISBN
0415154820, http://books.google.com/books?id=V0GEtXp-GsUC, retrieved
2008-11-25, "... During the last decades intensive archaeological
research in Russia and the Central Asian Republics of the former
Soviet Union as well as in Pakistan and northern India has
considerably enlarged our knowledge about the potential ancestors of
the Indo-Aryans and their relationship with cultures in west, central
and south Asia. Excavations in southern Russia and Central Asia
convinced the international community of archaeologists that the
Eurasian steppes had once been the original home of the speakers of
Indo-European language ..."
^ Richard Cordaux , Gunter Weiss, Nilmani Saha and Mark Stoneking
(2004), "The Northeast Indian Passageway: A Barrier or Corridor for
Human Migrations?", Molecular Biology and Evolution (Society for
Molecular Biology and Evolution), http://mbe.oxfordjournals.org/cgi/content/abstract/21/8/1525,
retrieved 2008-11-25, "... Our coalescence analysis suggests that the
expansion of Tibeto-Burman speakers to northeast India most likely
took place within the past 4,200 years ..."
^ a b Jim Cummins and David Corson (1999), Bilingual Education,
Springer, ISBN 0792348060, http://books.google.com/books?id=x1aw6j7xHpwC,
retrieved 2008-11-25, "... over one million speakers each: Bhili (Indo-
Aryan) 4.5 million; Santali (Austric) 4.2 m; Gondi (Dravidian) 2.0 m;
and Kurukh (Dravidian) 1.3 million ..."
^ a b R. Khongsdier, Nandita Mukherjee (2003, Vol. 122, Issue 2),
"Growth and nutritional status of Khasi boys in Northeast India
relating to exogamous marriages and socioeconomic classes", American
Journal of Physical Anthropology, http://www3.interscience.wiley.com/journal/104533560/abstract,
retrieved 2008-11-25, "... The Khasis are one of the Indo-Mongoloid
tribes in Northeast India. They speak the Monkhmer language, which
belongs to the Austro-Asiatic group (Das, 1978) ..."
^ a b Govinda Chandra Rath (2006), Tribal Development in India: The
Contemporary Debate, SAGE, ISBN 0761934235, http://books.google.com/books?id=BxDKhOnWwOsC,
retrieved 2008-11-25, "... The Car Nicobarese are of Mongoloid
stock ... The Nicobarese speak different languages of the Nicobarese
group, which belongs to an Austro-Asiatic language sub-family ..."
^ a b Malini Srivastava (2007), "The Sacred Complex of Munda
Tribe" (PDF), Anthropologist,
http://www.krepublishers.com/02-Journals/T-Anth/Anth-09-0-000-000-2007-Web/Anth-09-4-000-07-Abst-PDF/Anth-09-4-327-07-417-Srivastava-M/Anth-09-4-327-07-417-Srivastava-M-Tt.pdf,
retrieved 2008-11-25, "... Racially, they are proto-australoid and
speak Mundari dialect of Austro-Asiatic ..."
^ a b A. B. Chaudhuri (1993), State Formation Among Tribals: A Quest
for Santal Identity, Gyan Publishing House, ISBN 8121204224,
http://books.google.com/books?id=rhMXAAAAIAAJ, retrieved 2008-11-25,
"... The Santal is a large Proto-Australoid tribe found in West
Bengal, northern Orissa, Bihar, Assam as also in Bangladesh ... The
solidarity having been broken, the Santals are gradually adopting
languages of the areas inhabited, like Oriya in Orissa, Hindi in Bihar
and Bengali in West Bengal and Bangladesh ..."
^ A. B. Chaudhuri (1949), Tribal Heritage: A Study of the Santals,
Lutterworth Press, http://books.google.com/books?id=PpFCAAAAIAAJ,
retrieved 2008-11-25, "... The Santals belong to his second "main
race", the Proto-Australoid, which he considers arrived in India soon
after the Negritos ..."
^ U. Shankarkumar (1(2): 91-94 (2003)), "A Correlative Study of HLA,
Sickle Cell Gene and G6PD Deficiency with Splenomegaly and Malaria
Incidence Among Bhils and Pawra Tribes from Dhadgon, Dhule,
Maharastra" (PDF), Studies of Tribes and Tribals,
http://www.krepublishers.com/02-Journals/T%20&%20T/T%20&%20T-01-0-000-000-2003-Web/T%20&%20T-01-2-091-174-2003-Abst-PDF/T%20&%20T-01-2-091-094-2003-Shankar/T%20&%20T-01-2-091-094-2003-Shankar.pdf,
retrieved 2008-11-25, "... The Bhils are one of the largest tribes
concentrated mainly in Western Madhya Pradesh, Rajasthan, Eastern
Gujarat and Northern Maharastra. Racially they were classified as
Gondids, Malids or Proto-Australoid, but their social history is still
a mystery (Bhatia and Rao, 1986) ..."
^ a b Aloysius Irudayam and Jayshree P. Mangubhai, India Village
Reconstruction & Development Project (2004), Adivasis Speak Out:
Atrocities Against Adivasis in Tamil Nadu, Books for Change, ISBN
8187380780, http://books.google.com/books?id=MBduAAAAMAAJ, retrieved
2008-11-26, "... uncivilised ... These forests and land territories
assume a territorial identity precisely because they are the extension
of the Adivasis' collective personality ..."
^ C.R. Bijoy, Core Committee of the All India Coordinating Forum of
Adivasis/Indigenous Peoples (February 2003), "The Adivasis of India -
A History of Discrimination, Conflict, and Resistance", PUCL Bulletin
(People's Union for Civil Liberties, India),
http://www.pucl.org/Topics/Dalit-tribal/2003/adivasi.htm, retrieved
2008-11-25, "... Adivasis are not, as a general rule, regarded as
unclean by caste Hindus in the same way as Dalits are. But they
continue to face prejudice (as lesser humans), they are socially
distanced and often face violence from society ..."
^ a b Thakorlal Bharabhai Naik (1956), The Bhils: A Study, Bharatiya
Adimjati Sevak Sangh, http://books.google.com/books?id=NogcAAAAMAAJ,
retrieved 2008-11-25, "... Valmiki, from whose pen this great epic had
its birth, was himself a Bhil named Valia, according to the
traditional accounts of his life ..."
^ Edward Balfour (1885), The Cyclopædia of India and of Eastern and
Southern Asia, Bernard Quaritch, http://books.google.com/books?id=hVsIAAAAQAAJ,
retrieved 2008-11-26, "... In Mewar, the Grasia is of mixed Bhil and
Rajput descent, paying tribute to the Rana of Udaipur ..."
^ R.K. Sinha (1995), The Bhilala of Malwa, Anthropological survey of
India, http://books.google.com/books?id=c_ltAAAAMAAJ, retrieved
2008-11-26, "... the Bhilala are commonly considered to be a mixed
group who sprung from the marriage alliances of the immigrant male
Rajputs and the Bhil women of the central India ..."
^ a b R. Singh (2000), Tribal Beliefs, Practices and Insurrections,
Anmol Publications Pvt. Ltd., ISBN 8126105046, http://books.google.com/books?id=MWbenCIeK6oC,
retrieved 2008-11-26, "... The Munda Parha was known as 'Manki', while
his Oraon counterpart was called 'Parha Raja.' The lands these
adivasis occupied were regarded to be the village's patrimony ... The
Gond rajas of Chanda and Garha Mandla were not only the hereditary
leaders of their Gond subjects, but also held sway over substantial
communities of non-tribals who recognized them as their feudal
lords ..."
^ Milind Gunaji (2005), Offbeat Tracks in Maharashtra: A Travel Guide,
Popular Prakashan, ISBN 8171546692, http://books.google.com/books?id=JIjmDLardesC,
retrieved 2008-11-26, "... The Navegaon is one of the forests in
Maharashtra where the natives of this land still live and earn their
livelihood by carrying out age old activities like hunting, gathering
forest produce and ancient methods of farming. Beyond the Kamkazari
lake is the Dhaavalghat, which is home to adivasis. They also have a
temple here, the shrine of Lord Waghdev ..."
^ Surajit Sinha, Centre for Studies in Social Sciences (1987), Tribal
polities and state systems in pre-colonial eastern and north eastern
India, K.P. Bagchi & Co., ISBN 8170740142, http://books.google.com/books?id=H_S1AAAAIAAJ,
retrieved 2008-11-26, "... The way in which and the extent to which
tribal support had been crucial in establishing a royal dynasty have
been made quite clear ... tribal loyalty, help and support were
essential in establishing a ruling family ..."
^ Hugh Chisholm (1910), The Encyclopedia Britannica, The Encyclopedia
Britannica Co., http://books.google.com/books?id=g8Xtkt1Qw3oC,
retrieved 2008-11-26, "... The 16th century saw the establishment of a
powerful Gond kingdom by Sangram Sah, who succeeded in 1480 as the
47th of the petty Gond rajas of Garha-Mandla, and extended his
dominions to include Saugor and Damoh on the Vindhyan plateau,
Jubbulpore and Narsinghpur in the Nerbudda valley, and Seoni on the
Satpura highlands ..."
^ a b Piya Chatterjee (2001), A Time for Tea: Women, Labor, and Post/
colonial Politics on an Indian Plantation, Duke University Press, ISBN
0822326744, http://books.google.com/books?id=Ldw2lX7u-HsC, retrieved
2008-11-26, "... Among the Munda, customary forms of land tenure known
as khuntkatti stipulated that land belonged communally to the village,
and customary rights of cultivation, branched from corporate
ownership. Because of Mughal incursions, non-Jharkhandis began to
dominate the agrarian landscape, and the finely wrought system of
customary sharing of labor, produce and occupancy began to crumble.
The process of dispossession and land alienation, in motion since the
mid-eighteenth century, was given impetus by British policies that
established both zamindari and ryotwari systems of land revenue
administration. Colonial efforts toward efficient revenue collection
hinged on determining legally who had proprietal rights to the
land ..."
^ a b Ulrich van der Heyden and Holger Stoecker (2005), Mission und
macht im Wandel politischer Orientierungen: Europäische
Missionsgesellschaften in politischen Spannungsfeldern in Afrika und
Asien zwischen 1800 und 1945, Franz Steiner Verlag, ISBN 3515084231,
http://books.google.com/books?id=N7JfoaVbMGgC, retrieved 2008-11-26,
"... The permanent settlement Act had an adverse effect upon the fate
of the Adivasis for, 'the land which the aboriginals had rested from
the jungle and cultivated as free men from generation was, by a stroke
of pen, declared to be the property of the Raja (king) and the
Jagirdars.' The alien became the Zamindars (Landlords) while the sons
of the soil got reduced to mere tenants. Now, it was the turn of the
Jagirdars-turned-Zamindars who further started leasing out land to the
new comers, who again started encroaching Adivasi land. The land
grabbing thus went on unabated. By the year 1832 about 6,411 Adivasi
villages were alienated in this process ..."
^ O.P. Ralhan (2002), Encyclopaedia of Political Parties, Anmol
Publications Pvt. Ltd., ISBN 8174888659, http://books.google.com/books?id=_1gQS3LOafAC,
retrieved 2008-11-26, "... The Permanent Settlement was 'nothing short
of the confiscation of raiyat lands in favor of the zamindars.' ...
Marx says '... in Bengal as in Madras and Bombay, under the zamindari
as under the ryotwari, the raiyats who form 11/12ths of the whole
Indian population have been wretchedly pauperised.' To this may be
added the inroads made by the Company's Government upon the village
community of the tribals (the Santhals, Kols, Khasias etc.) ... There
was a wholesale destruction of 'the national tradition.' Marx
observes: 'England has broken down the entire framework of Indian
society ..."
^ Govind Kelkar and Dev Nathan (1991), Gender and Tribe: Women, Land
and Forests in Jharkhand, Kali for Women, ISBN 1856490351,
http://books.google.com/books?id=cTluAAAAMAAJ, retrieved 2008-11-26,
"... of the features of the adivasi land systems. These laws also
showed that British colonial rule had passed on to a new stage of
exploitation ... Forests were the property of the zamindar or the
state ..."
^ a b William Wilson Hunter, Hermann Michael Kisch, Andrew Wallace
Mackie, Charles James O'Donnell and Herbert Hope Risley (1877), A
Statistical Account of Bengal, Trübner, http://books.google.com/books?id=R2MOAAAAQAAJ,
retrieved 2008-11-26, "... The Kol insurrection of 1831, though, no
doubt, only the bursting forth of a fire that had long been
smouldering, was fanned into flame by the following episode:- The
brother of the Maharaja, who was holder of one of the maintenance
grants which comprised Sonpur, a pargana in the southern portion of
the estate, gave farms of some of the villages over the heads of the
Mankis and Mundas, to certain Muhammadans, Sikhs and others, who has
obtained his favour ... not only was the Manki dispossessed, but two
of his sisters were seduced or ravished by these hated foreigners ...
one of them ..., it was said, had abducted and dishonoured the Munda's
wife ..."
^ Radhakanta Barik (2006), Land and Caste Politics in Bihar, Shipra
Publications, ISBN 8175413050, http://books.google.com/books?id=lGNuAAAAMAAJ,
retrieved 2008-11-26, "... As usually the zamindars were the
moneylenders, they could pressurize the tenants to concede to high
rent ..."
^ Shashank Shekhar Sinha (2005), Restless Mothers and Turbulent
Daughters: Situating Tribes in Gender Studies, Stree, ISBN 8185604738,
http://books.google.com/books?id=NzoqAAAAYAAJ, retrieved 2008-11-26,
"... In addition, many tribals were forced to pay private
taxes ... ..."
^ a b Economic and Political Weekly, Sameeksha Trust, 1974, V.9, No.
6-8, http://books.google.com/books?id=DQUoAAAAMAAJ, retrieved
2008-11-26, "... The Adivasis spend their life-times working for the
landlord-moneylenders and, in some cases, even their children are
forced to work for considerable parts of their lives to pay off
debts ..."
^ Sita Venkateswar (2004), Development and Ethnocide: Colonial
Practices in the Andaman Islands, IWGIA, ISBN 8791563046,
http://books.google.com/books?id=XFETVExNUYgC, "... As I have
suggested previously, it is probable that some disease was introduced
among the coastal groups by Lieutenant Colebrooke and Blair's first
settlement in 1789, resulting in a marked reduction of their
population. The four years that the British occupied their initial
site on the south-east of South Andaman were sufficient to have
decimated the coastal populations of the groups referred to as Jarawa
by the Aka-bea-da ..."
^ Luigi Luca Cavalli-Sforza, Francesco Cavalli-Sforza (1995), The
Great Human Diasporas: The History of Diversity and Evolution, Basic
Books, ISBN 0201442310, http://books.google.com/books?id=ApuuiwUkEZ0C,
"... Contact with whites, and the British in particular, has virtually
destroyed them. Illness, alcohol, and the will of the colonials all
played their part; the British governor of the time mentions in his
diary that he received instructions to destroy them with alcohol and
opium. He succeeded completely with one group. The others reacted
violently ..."
^ Paramjit S. Judge (1992), Insurrection to Agitation: The Naxalite
Movement in Punjab, Popular Prakashan, ISBN 8171545270,
http://books.google.com/books?id=HvYpVtBXw5kC, retrieved 2008-11-26,
"... The Santhal insurrection in 1855-56 was a consequence of the
establishment of the permanent Zamindari Settlement introduced by the
British in 1793 as a result of which the Santhals had been dispossesed
of the land that they had been cultivating for centuries. Zamindars,
moneylenders, traders and government officials exploited them
ruthlessly. The consequence was a violent revolt by the Santhals which
could only be suppressed by the army ..."
^ The Indian Journal of Social Work, Department of Publications, Tata
Institute of Social Sciences, 1956, v.59, http://books.google.com/books?id=q0c0AAAAIAAJ,
retrieved 2008-11-26, "... Revolts rose with unfailing regularity and
were suppressed with treachery, brute force, tact, cooption and some
reforms ..."
^ Roy Moxham (2003), Tea, Carroll & Graf Publishers, ISBN 0786712279,
http://books.google.com/books?id=FAiHU5JSYwwC, retrieved 2008-11-26,
"... many of the labourers came from Chota Nagpur District ... home to
the Adivasis, the most popular workers with the planters - the '1st
class jungley.' As one of the planters, David Crole, observed:
'planters, in a rough and ready way, judge the worth of a coolie by
the darkness of the skin.' In the last two decades of the nineteenth
century 350,000 coolies went from Chota Nagpur to Assam ..."
^ James Minahan and Leonard W. Doob (1996), Nations Without States: A
Historical Dictionary of Contemporary National Movements, Greenwood
Press, ISBN 0313283540, http://books.google.com/books?id=2yFnAAAAMAAJ,
retrieved 2008-11-25, "... The Adivasi tribes encompass the pre-
Dravidian holdovers from ancient India ..."
^ Sarina Singh, Joe Bindloss, Paul Clammer and Janine Eberle (2005),
India, Lonely Planet, ISBN 1740596943, http://books.google.com/books?id=Fk8FQa2ZSFQC,
retrieved 2008-11-25, "... Although the northeast states make up just
7.5% of the geographical area of India, the region is home to 20% of
India's Adivasis (tribal people). The following are the main
tribes ... Nagas ... Monpas ... Apatani & Adi ... Khasi ..."
^ a b Moirangthem Kirti Singh (1988), Religion and Culture of Manipur,
Manas Publications, ISBN 8170490219, http://books.google.com/books?id=doQeAAAAMAAJ,
retrieved 2008-11-26, "... The Meiteis began to think that root cause
of their present unrest was their contact with the Mayangs, the
outsider from the rest of India in matters of trade, commerce,
religious belief and the designation of the Meiteis as caste Hindus in
the Constitution of India. The policy of reservations for the
scheduled castes and tribes in key posts began to play havoc ..."
^ Man, Royal Anthropological Institute of Great Britain and Ireland,
1972, v.7, http://books.google.com/books?id=Ou8rAAAAMAAJ, retrieved
2008-11-26, "... Nor, for that matter, does a traits approach to
drawing distinctions between tribe and caste lead to any meaningful
interpretation of social or civilizational processes. Social
boundaries must be defined in each case (community or regional
society) with reference to the modes of social classification, on the
one hand, and processes of social interaction, on the other. It is in
their inability to relate these two aspects of the social phenomenon
through a model of social reality that most behavioural exercises come
to grief ..."
^ Debiprasad Chattopadhyaya (1959), Lōkayata: A Study in Ancient
Indian Materialism, People's Publishing House, http://books.google.com/books?id=AJccAAAAMAAJ,
retrieved 2008-11-26, "... Even the authors of our traditional law-
codes and other works did not know whether to call a particular group
of backward people a caste or a tribe ..."
^ Robert Goldmann and A. Jeyaratnam Wilson (1984), From Independence
to Statehood: Managing Ethnic Conflict in Five African and Asian
States, Pinter, ISBN 0861873548,
http://books.google.com/books?id=DVwiAAAAMAAJ, retrieved 2008-11-26,
"... Because the question of what groups are to be given preferences
is constitutionally and politically open, the demand for preferences
becomes a device for political mobilisation. Politicians can mobilise
members of their caste, religious or linguistic community around the
demand for inclusion on the list of those to be given preferences ...
As preferences were extended to backward castes, and as more benefits
were given to scheduled castes and scheduled tribes, the 'forward'
castes have ..."
^ a b Col. Ved Prakash (2006), Encyclopaedia of North-east India, Vol#
2, Atlantic Publishers & Distributors, ISBN 8126907045,
http://books.google.com/books?id=Z-5T8kpi5tkC, retrieved 2008-11-26,
"... An angry mob of Koch-Rajbongshis (KRs) ransacked 4-8-03 the BJP
office, Guwahati, demanding ST status for the KRs ... the KRs have
been demanding the ST status for long, and the Bodos are stoutly
opposed to it ..."
^ "Gujjars enforce blockade; Delhi tense", The Times of India,
2008-05-29,
http://timesofindia.indiatimes.com/articleshow/3082069.cms, retrieved
2008-11-26, "... Gujjars on Thursday blocked road and rail traffic in
the capital and adjoining areas as part of their 'NCR rasta roko'
agitation ... The NCR agitation, called by All India Gujjar Mahasabha,
is in support of the community's demand for Scheduled Tribe status in
Rajasthan ..."
^ "What the Meena-Gujjar conflict is about", Rediff, 2007-06-01,
http://www.rediff.com/news/2007/jun/01raj4.htm, retrieved 2008-11-26,
"... Rajasthan is sitting on a potential caste war between the Gujjars
and Meenas with the former demanding their entry into the Schedule
Tribes list while the Meenas are looking to keep their turf intact by
resisting any tampering with the ST quota ..."
^ Mamta Rajawat (2003), Scheduled Castes in India: a Comprehensive
Study, Anmol Publications Pvt. Ltd., ISBN 8126113391,
http://books.google.com/books?id=p2wbt1QDTEgC, retrieved 2008-11-26,
"... endogamy is basic to the morphology of caste but for its origin
and sustenance one has to see beyond ... D.D. Kosambi says that the
fusion of tribal elements into society at large lies at the foundation
of the caste system; Irfan Habib concurs, suggesting that when tribal
people were absorbed they brought with them their endogamous
customs ..."
^ a b Mohammad Abbas Khan (2005), Social Development in Twenty First
Century, Anmol Publications Pvt. Ltd., ISBN 8126121300,
http://books.google.com/books?id=1nQZzWJDzjAC, retrieved 2008-11-26,
"... in North India, high caste Hindus regard the village as an
exogamous unit. Girls born within the village are called 'village
daughters' and they do not cover their faces before local men, whereas
girls who come into the village by marriage do so ... With Christians
and Muslims, the elementary or nuclear family is the exogamous unit.
Outside of it marriages are possible ... Lineage exogamy also exists
among the Muslim Gujjars of Jammu and Kashmir ..."
^ Richard V. Weekes (1984), Muslim Peoples: A World Ethnographic
Survey, Greenwood Press, ISBN 0313246408,
http://books.google.com/books?id=aVdIAAAAMAAJ, retrieved 2008-11-26,
"... The preference for in-marriage produces the reticulated kinship
system characteristic of Punjabi Muslim society, as opposed to Hindu
lineage exogamy and preference for marriage outside one's natal
village ..."
^ Lalita Prasad Vidyarthi (2004), South Asian Culture: An
Anthropological Perspective, Oriental Publishers & Distributors,
http://books.google.com/books?id=HwUNAAAAIAAJ, retrieved 2008-11-26,
"... The tribal communities, by and large, also practise clan exogamy,
which means marrying outside the totemic division of a tribe ..."
^ Georg Pfeffer (1982), Status and Affinity in Middle India, F.
Steiner, ISBN 3515039139,
http://books.google.com/books?id=S_G1AAAAIAAJ, retrieved 2008-11-26,
"... Elwin documents the strict observance of this rule: Out of 300
marriages recorded, not a single one broke the rule of village
exogamy ..."
^ Rajendra K. Sharma (2004), Indian Society, Institutions and Change:
Institutions and Change, Atlantic Publishers & Distributors, ISBN
8171566650,
http://books.google.com/books?id=jBOh24IJ9t8C, retrieved 2008-11-26,
"... Among many Indian tribes it is the recognized custom to marry
outside the village. This restriction is prevalent in the Munda and
other tribes of Chhota Nagpur of Madhya Pradesh ... the Naga tribe of
Assam is divided into Khels. Khel is the name given to the residents
of the particular place, and people of one Khel cannot marry each
other ..."
^ John Vincent Ferreira (1965), Totemism in India, Oxford University
Press,
http://books.google.com/books?id=u7EwAAAAMAAJ, retrieved 2008-11-26,
"... there is every reason to believe that the inspiration leading to
the formation of exogamous gotras came from the aborigines ..."
^ Monika Böck and Aparna Rao (2000), Culture, Creation, and
Procreation: Concepts of Kinship in South Asian Practice, Berghahn
Books, ISBN 1571819126,
http://books.google.com/books?id=6HZ-UXaU9y0C, retrieved 2008-11-26,
"... Kalasha kinship is indeed orchestrated through a rigorous system
of patrilineal descent defined by lineage exogamy ... Lineage exogamy
thus distinguishes Kalasha descent groups as discretely bounded
corporations, in contrast to the nonexogamous 'sliding
lineages' (Bacon 1956) of surrounding Muslims ..."

^ Thomas R. Trautmann (1997), Aryans and British India, University of
California Press, ISBN 0520205464,
http://books.google.com/books?id=Fu5h2T7dZFEC, retrieved 2008-11-26,
"...The radiating, segmentary character of the underlying genealogical
figure requires that the specifications be unilineal ... we have in
the Dharmasastra doctrine of jatis a theory of ethnogenesis through
intermixture or marriage of persons of different varnas, and secondary
and tertiary intermixtures of the original ones, leading to a
multitude of units, rather than the radiating segmentary structure of
ethnogenesis by fission or descent ..."
^ [3] http://news.bbc.co.uk/2/hi/science/nature/4071703.stm
^ Todd Scudiere (1997), Aspects of Death and Bereavement Among Indian
Hindus and American Christians: A Survey and Cross-cultural
Comparison, University of Wisconsin - Madison,
http://books.google.com/books?id=gQVlAAAAMAAJ, retrieved 2008-11-25,
"... the Vedic Aryan was not particularly eager to enter heaven, he
was too much this-worldly oriented. A notion of reincarnation was not
introduced until later. However, there was a concept of a universal
force - an idea of an underlying monistic reality that was later
called Brahman ..."
^ a b S.G. Sardesai (1986), Progress and Conservatism in Ancient
India, People's Publishing House,
http://books.google.com/books?id=kscNAAAAIAAJ, retrieved 2008-11-25,
"... The centre of Rig Vedic religion was the Yajna, the sacrificial
fire. ... There is no Atma, no Brahma, no Moksha, no idol worship in
the Rig Veda ..."
^ Hajime Nakamura and Ronald Burr (1975), Parallel Developments: A
Comparative History of Ideas, Kodansha,
http://books.google.com/books?id=LRErAAAAMAAJ, retrieved 2008-12-12,
"... even in the prehistoric period when the Indo-Aryans and the
Persians formed a single people, they performed sacrifices (Vedic
yajna: Avestan yasna), and that they already had a sacred drink (Vedic
soma: Avestan haoma) ..."
^ Vishwanath S. Naravane (1991), A Cultural History of Modern India:
Nineteenth Century, Northern Book Centre,
http://books.google.com/books?id=QwscAAAAIAAJ, retrieved 2008-12-12,
"... Rama is dark while Sita is fair; Shiva is dark while his
spouse ... Vishnu is described as meghavarnam, 'dark as a cloud' ...
Krishna is Shyama (dark) ..."
^ Brian Schwartz (1986), A World of Villages: A Six-Year Journey
Through Africa and Asia, Crown Publishers, ISBN 0517558157,
http://books.google.com/books?id=o_R_AAAAMAAJ
http://books.google.com/books?id=o_R_AAAAMAAJ, retrieved 2008-12-12,
"... Vishnu and Shiva are the two main gods in the Hindu pantheon. ...
Two of these human incarnations are themselves worshiped: Rama and
Krishna ..."
^ V. Ramanathan (2004), Hindu Civilisation and the Twenty-first
Century, Bharatiya Vidya Bhavan, ISBN 8172763328,
http://books.google.com/books?id=bbooAAAAYAAJ, retrieved 2008-12-12,
"... Idol Worship: Despite the reverence accorded to the Vedas and the
vedic rites, the most appealing method to the ... Since then popular
Hinduism has been ..."
^ a b Shiv Kumar Tiwari (2002), Tribal Roots of Hinduism, Sarup &
Sons, ISBN 8176252999,
http://books.google.com/books?id=n0gwfmPFTLgC, retrieved 2008-12-12
^ Kumar Suresh Singh (1985), Tribal Society in India: An Anthropo-
historical Perspective, Manohar,
http://books.google.com/books?id=WIAiAAAAMAAJ, retrieved 2008-12-12,
"... Shiva was a "tribal deity" to begin with and forest-dwelling
communities, including those who have ceased to be tribals and those
who are tribals today ..."

^ a b c d e f (P. 4, The Story of Historic People of India-The Kolis)
^ "Shaap to Baali". Archived from the original on 2009-10-24.
http://www.webcitation.org/5kmBveW1V.
^ Thomas Parkhill: The Forest Setting in Hindu Epics.
^ M.S. Golwalkar: Bunch of Thoughts, p.479.
^ JAIN, Girilal: The Hindu Phenomenon. UBSPD, Delhi 1994. Eschmann,
Kulke and Tripathi, eds.: Cult of Jagannath, p.97. Elst 2001
^ Mahabharata (I.31-54) (II.37.47; II.44.21) Elst 2001
^ Kautilya: The Arthashastra 9:2:13-20, Penguin edition, p. 685. Elst
2001
^ Troisi, J: "Tribal Religion", page 258. Manohar Publishers &
Distributors, 2000.
^ Orans, M: "The Santal A Tribe in Search of a Great Tradition", page
106. Wayne State University Press, 1965.
^ Troisi, J: "Tribal Religion", page 259. Manohar Publishers &
Distributors, 2000.
^ [4] http://in.news.yahoo.com/43/20100224/812/tnl-tribals-appeal-for-separate-religion.html
^ A. Van Exem: "The Mistake, reviewed after a century", Sevartham
1991. Elst 2001
^ [5] http://timesofindia.indiatimes.com/india/PMs-snub-to-Maoists-Guns-dont-ensure-development-of-tribals/articleshow/5195740.cms
^ [6] http://news.bbc.co.uk/2/hi/south_asia/8343193.stm
^ [7] http://timesofindia.indiatimes.com/india/Tribals-make-poor-progress-stay-at-bottom-of-heap/articleshow/5450938.cms
^ [8] http://www.tribuneindia.com/2009/20091105/main2.htm
^ [9] http://beta.thehindu.com/news/national/article42968.ece
^ HEUZE, Gérard: Où Va l'Inde Moderne? L'Harmattan, Paris 1993. A.
Tirkey: "Evangelization among the Uraons", Indian Missiological
Review, June 1997, esp. p. 30-32. Elst 2001
^ "Tribal Protests and Rebellions'
http://www.chhattisgarhnris.com/chhattisgarh_heaven.htm
^ Page 63 Tagore Without Illusions by Hitendra Mitra
^ Sameeksha Trust, P. 1229 Economic and Political Weekly
^ P. 4 "Freedom Movement in Khurda" Dr. Atul Chandra Pradhan
http://orissagov.nic.in/e-magazine/Orissareview/august-2007/engpdf/Page1-11.pdf
^ P. 111 The Freedom Struggle in Hyderabad: A Connected Account By
Hyderabad (India : State)
^ P. 32 Social and Political Awakening Among the Tribals of Rajasthan
By Gopi Nath Sharma
^ P. 420 Who's who of Freedom Struggle in Andhra Pradesh By Sarojini
Regani

References

^ a b c d e f g "Library of Congress Country Studies". U.S. Library of
Congress (released in public domain). http://countrystudies.us/india/57.htm.
Retrieved 2007-10-06.
Retrieved from

"http://en.wikipedia.org/wiki/Tribal_religions_in_India"

http://en.wikipedia.org/wiki/Public_domain

Folk Hinduism

From Wikipedia, the free encyclopedia

Folk Hinduism or Popular Hinduism is the aspect of Hinduism as a folk
religion, i.e. nominal Hinduism mixed with Animist practice, as
opposed to its scholastic or mystical aspects (Brahmanism, Vedanta,
Hindu philosophy). Folk Hinduism is emphatically polytheistic, as
opposed to Brahmanism or Vedantic Hinduism, which emphasize Monism or
Monotheism.

References

Vineeta Sinha, Problematizing Received Categories: Revisiting 'Folk
Hinduism' and 'Sanskritization', Current Sociology, Vol. 54, No. 1,
98-111 (2006)
Vineeta Sinha , Persistence of 'Folk Hinduism' in Malaysia and
Singapore, Australian Religion Studies Review Vol. 18 No. 2 (Nov 2005):
211-234
Stuart H. Blackburn, Inside the Drama-House: Rama Stories and Shadow
Puppets in South India, UCP (1996), ch. 3: " Ambivalent
Accommodations: Bhakti and Folk Hinduism".
Stuart H. Blackburn, Death and Deification: Folk Cults in Hinduism,
History of Religions (1985).
David N. Gellner, Hinduism. None, one or many?, Social Anthropology
(2004), 12: 367-371 Cambridge University
L. E. Nelson (ed.), Purifying the Earthly Body of God: Religion and
Ecology in Hindu India, New York (1998).

http://en.wikipedia.org/wiki/Folk_Hinduism

Indian Tribes : Indian Religions Tribal

Indian Tribes : Among the 68 million citizens of India who are members
of tribal groups, the Indian tribal religious concepts, terminologies,
and practices are as varied as the hundreds of tribes, but members of
these groups have one thing in common: they are under constant
pressure from the major organized religions. Some of this pressure is
intentional, as outside missionaries work among tribal groups to gain
converts. Most of the pressure, however, comes from the process of
integration within a national political and economic system that
brings tribes into increasing contact with other groups and different,
prestigious belief systems. In general, those tribes that remain
geographically isolated in desert, hill, and forest regions or on
islands are able to retain their traditional cultures and religions
longer. Those tribes that make the transition away from hunting and
gathering and toward sedentary agriculture, usually as low-status
laborers, find their ancient religious forms in decay and their place
filled by practices of Hinduism, Islam, Christianity, or Buddhism.

One of the most studied tribal religions is that of the Santal of
Orissa, Bihar, and West Bengal, one of the largest tribes in India,
having a population estimated at 4.2 million. According to the 1991
census, however, only 23,645 people listed Santal as their religious
belief.

According to the Santal religion, the supreme deity, who ultimately
controls the entire universe, is Thakurji. The weight of belief,
however, falls on a court of spirits (bonga ), who handle different
aspects of the world and who must be placated with prayers and
offerings in order to ward off evil influences. These spirits operate
at the village, household, ancestor, and subclan level, along with
evil spirits that cause disease, and can inhabit village boundaries,
mountains, water, tigers, and the forest. A characteristic feature of
the Santal village is a sacred grove on the edge of the settlement
where many spirits live and where a series of annual festivals take
place.

Indian Religions Tribal concepts are intricately entwined with ideas
about nature and interaction with local ecological systems. As in
Santal religion, religious specialists are drawn from the village or
family and serve a wide range of spiritual functions that focus on
placating potentially dangerous spirits and coordinating rituals.
Unlike the Santal, who have a large population long accustomed to
agriculture and a distinguished history of resistance to outsiders,
many smaller tribal groups are quite sensitive to ecological
degradation caused by modernization, and their unique religious
beliefs are under constant threat. Even among the Santal, there are
300,000 Christians who are alienated from traditional festivals,
although even among converts the belief in the spirits remains strong.
Among the Munda and Oraon in Bihar, about 25 percent of the population
are Christians. Among the Kharia of Bihar (population about 130,000),
about 60 percent are Christians, but all are heavily influenced by
Hindu concepts of major deities and the annual Hindu cycle of
festivals. Tribal groups in the Himalayas were similarly affected by
both Hinduism and Buddhism in the late twentieth century. Even the
small hunting-and-gathering groups in the union territory of Andaman
and Nicobar Islands have been under severe pressure because of
immigration to this area and the resulting reduction of their hunting
area.

Christianity in India
The first Christians in India, according to tradition and legend, were
converted by Saint Thomas the Apostle, who arrived on the Malabar
Coast of India in A.D. 52. After evangelizing and performing miracles
in Kerala and Tamil Nadu, he is believed to have been martyred in
Madras and buried on the site of San Thomé Cathedral. Members of the
Syro-Malabar Church, an eastern rite of the Roman Catholic Church,
adopted the Syriac liturgy dating from fourth century Antioch. They
practiced what is also known as the Malabar rite until the arrival of
the Portuguese in the late fifteenth century. Soon thereafter, the
Portuguese attempted to latinize the Malabar rite, an action which, by
the mid-sixteenth century, led to charges of heresy against the Syro-
Malabar Church and a lengthy round of political machinations. By the
middle of the next century, a schism occurred when the adherents of
the Malankar rite (or Syro-Malankara Church) broke away from the Syro-
Malabar Church. Fragmentation continued within the Syro-Malabar Church
up through the early twentieth century when a large contingent left to
join the Nestorian Church, which had had its own roots in India since
the sixth or seventh century. By 1887, however, the leaders of the
Syro-Malabar Church had reconciled with Rome, which formally
recognized the legitimacy of the Malabar rite. The Syro-Malankara
Church was reconciled with Rome in 1930 and, while retaining the
Syriac liturgy, adopted the Malayalam language instead of the ancient
Syriac language.

Throughout this period, foreign missionaries made numerous converts to
Christianity. Early Roman Catholic missionaries, particularly the
Portuguese, led by the Jesuit Saint Francis Xavier (1506-52), expanded
from their bases on the west coast making many converts, especially
among lower castes and outcastes. The miraculously undecayed body of
Saint Francis Xavier is still on public view in a glass coffin at the
Basilica of Bom Jesus in Goa. Beginning in the eighteenth century,
Protestant missionaries began to work throughout India, leading to the
growth of Christian communities of many varieties.

The total number of Christians in India according to the 1991 census
was 19.6 million, or 2.3 percent of the population. About 13.8 million
of these Christians were Roman Catholics, including 300,000 members of
the Syro-Malankara Church. The remainder of Roman Catholics were under
the Catholic Bishops' Conference of India. In January 1993, after
centuries of self-government, the 3.5-million-strong Latin-rite Syro-
Malabar Church was raised to archepiscopate status as part of the
Roman Catholic Church. In total, there were nineteen archbishops, 103
bishops, and about 15,000 priests in India in 1995.

Most Protestant denominations are represented in India, the result of
missionary activities throughout the country, starting with the onset
of British rule. Most denominations, however, are almost exclusively
staffed by Indians, and the role of foreign missionaries is limited.
The largest Protestant denomination in the country is the Church of
South India, since 1947 a union of Presbyterian, Reformed,
Congregational, Methodist, and Anglican congregations with
approximately 2.2 million members. A similar Church of North India has
1 million members. There are 473,000 Methodists, 425,000 Baptists, and
about 1.3 million Lutherans. Orthodox churches of the Malankara and
Malabar rites total 2 million and 700,000 members, respectively.

All Christian churches in India have found the most fertile ground for
expansion among Dalits, Scheduled Castes, and Scheduled Tribe groups
During the twentieth century, the fastest growing Christian
communities have been located in the northeast, among the Khasis,
Mizos, Nagas, and other hill tribes. Christianity in India offers a
non-Hindu mode of acculturation during a period when the state and
modern economy have been radically transforming the life-styles of the
hill peoples. Missionaries have led the way in the development of
written languages and literature for many tribal groups. Christian
churches have provided a focus for unity among different ethnic groups
and have brought with them a variety of charitable services.

LOC . 1995 data

Tribal Religions
India Table of Contents
Among the 68 million citizens of India who are members of tribal
groups, the religious concepts, terminologies, and practices are as
varied as the hundreds of tribes, but members of these groups have one
thing in common: they are under constant pressure from the major
organized religions. Some of this pressure is intentional, as outside
missionaries work among tribal groups to gain converts. Most of the
pressure, however, comes from the process of integration within a
national political and economic system that brings tribes into
increasing contact with other groups and different, prestigious belief
systems. In general, those tribes that remain geographically isolated
in desert, hill, and forest regions or on islands are able to retain
their traditional cultures and religions longer. Those tribes that
make the transition away from hunting and gathering and toward
sedentary agriculture, usually as low-status laborers, find their
ancient religious forms in decay and their place filled by practices
of Hinduism, Islam, Christianity, or Buddhism.

Unlike the Santal, who have a large population long accustomed to
agriculture and a distinguished history of resistance to outsiders,
many smaller tribal groups are quite sensitive to ecological
degradation caused by modernization, and their unique religious
beliefs are under constant threat. Even among the Santal, there are
300,000 Christians who are alienated from traditional festivals,
although even among converts the belief in the spirits remains strong.
Among the Munda and Oraon in Bihar, about 25 percent of the population
are Christians. Among the Kharia of Bihar (population about 130,000),
about 60 percent are Christians, but all are heavily influenced by
Hindu concepts of major deities and the annual Hindu cycle of
festivals. Tribal groups in the Himalayas were similarly affected by
both Hinduism and Buddhism in the late twentieth century. Even the
small hunting-and-gathering groups in the union territory of Andaman
and Nicobar Islands have been under severe pressure because of
immigration to this area and the resulting reduction of their hunting
area.

Source: U.S. Library of Congress

http://countrystudies.us/india/57.htm

http://www.indianchild.com/indian_religions_tribal.htm

Most Recent Messages

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Reply Message #1142 of 1142 < Prev | Next >

Dear Friends

Please see the Tribal calender 2009 & Tribal knowledge complex in

http://www.sakti.in/tribal_calendar.html

http://www.sakti.in/tribal_culture.htm

Sivaramakrishna

SAKTI A voluntary organization working for the welfare of tribals and
conservation of natural resources

Dr.P.Sivaramakrishna & P.Sarada Devi,
305, 1st Block, Janapriya Abodes,
Gandhinagar, Hyderabad -500 080,
India, ph: 040 - 66614787 (o) 66627893 (r)
9441427977 9391077079
visit: www.sakti.in
email: saktisrk@..., saktipsrk@...

A new book about Paniyas tribe

For everyone who is interested in tribal peoples issues i suggest a
new book about Paniya tribe of Kerala: "My life among the Paniyas of
the Nilgiri Hills" by Hans-Henning Muendel. For additional
informations you can go to the author's website: http://www.henningpaniyas.ca
where you can also order the book.

Stefano Ferrarini - Italy

http://groups.yahoo.com/group/tribal-India/message/1140

Dear Friends ,

Forwarding the text of the online petition for the release of Dr.
Binayak
Sen who has been arrested by the Chattishgarh government .The
signature
petition is hosted at http://www.PetitionOnline.com/Binayak/.

Do sign.

bye
Sudipto

Subject: Safety and liberty of Dr. Binayak Sen, General Secretary of
the
Chhattisgarh PUCL and Vice-President of the National PUCL who has been
imprisoned.

Respected Sirs,

This letter is to request your good offices on behalf of a very
respected
and beloved old student of Christian Medical College, Vellore who has
been
imprisoned this afternoon (May 14, 2007) at Bilaspur for activities in
defense of the rights and liberties of tribal people in Chhattisgarh.

His name is Binayak Sen. He had a distinguished academic career in
Vellore, graduating in Medicine and later acquiring an M.D. in
Paediatrics. From 1976 to 1978, he was a faculty member at the Centre
for
Social Medicine and Community Health at the Jawaharlal Nehru
University,
New Delhi. He left his academic appointment to work in a community
based
rural health centre in Hoshangabad district of M.P. focusing on
problems
of tuberculosis. During the late seventies, he became an active member
of
the Medico Friend Circle, a national organization of health
professionals
working towards an alternative health system responsive to the needs
of
the poor. This involvement continues till today.

Binayak worked with mine workers in Dalli Rajahara towards addressing
their health needs, helping them set up and manage their own Shaheed
Hospital. When this hospital no longer required his leadership,
Binayak
moved to a mission hospital in Tilda where he worked in Paediatrics
and
Community Health. After the death of Shankar Guha Niyogi with whom he
was
closely associated, Binayak moved to Raipur. From 1991, he has worked
in
developing relevant models of primary health care in Chhattisgarh. He
was
a member of the state advisory committee to initiate the community
based
health worker programme across Chhattisgarh, now well known as the
Mitanin
programme. He also gives his services to a weekly clinic in a tribal
community in Dhamtari district. He continues to provide health care to
the
children of the marginalised, especially the migrant labourers. In
recognition of his work, the Christian Medical College, Vellore
conferred
on him the Paul Harrison Award in 2004, which is the highest award
given
to an alumnus for distinguished service in rural areas. He continues
to be
an inspiration to successive generations of students and faculty.

Binayak has been active and effective in defending the liberties of
the
disadvantaged, especially through the Peoples Union for Civil
Liberties
(PUCL). He has served as the General Secretary of the State PUCL
Committee
for the past five years and as Vice President of the National
Committee
for the last three years. As General Secretary of the Chhattisgarh
PUCL,
he helped organize fact finding campaigns into human rights violations
in
the state including custody deaths, fake encounters, hunger deaths,
dysentery epidemics and malnutrition. In recent times he has worked
intensively to bring large scale oppression and malgovernance within
the
so called Salwa Judoom in Dantewara to national and international
attention.

One of the individuals being defended by the PUCL in Chattisgarh is
Mr.
Piyush Guha, presently in police custody. This in turn has led to
threats
and allegations against Binayak. He is being accused of absconding and
of
channeling illicit communications. We are anxious for the safety and
well
being of this beloved and respected student of ours.

We request you to employ your good offices to ensure that Dr. Binayak
Sen
is not subjected to mistreatment, continued unlawful imprisonment or
worse. The instruments of the government failed to save the life of
his
mentor Niyogi. It will be a grievous failure if they do not now ensure
the
safety and dignity of Binayak Sen.

Respectfully submitted by,

Sincerely,

Sudipto Muhuri
Research Fellow
Theory Physics Division
Raman Research Institute
C.V.Raman Avenue
Sadashivanagar off: 080-23610122(Ext 381)
Bangalore-560080 res: 080-23316690(Ext 25)

http://groups.yahoo.com/group/tribal-India/message/1138

...and I am Sid Harth

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