CAB and NRC

Read to understand and NOT judge!

So many Indians, love to bitch about ‘Hindu Muslim’ give anything with religion and everyone forgets other things that come with it. Some more illiterate ones want to just speak when they KNOW NOTHING about the core issue, and compare HITLER and Nazism almost everything, everywhere.

Citizenship Amendment Bill has reduced the number of years for naturalisation from 11 to 5 years. It DID NOT bar Muslims for applying for citizenship, however it relaxed it for other communities.

Whether you like this or not depends on whether you believe in the Two Nation Theory more, or equal treatment to all as secularism more. Whether you focus more on how the countries were established or how they are today.

Both of them have their merits and demerits and ONLY court can decide if there is intelligent and reasonable differentia or not, but 3 primary concerns with this entire bill that I have : 

1) How is religion determined !?

The Act does not say ‘born Hindu’ it just says Hindu or Christian. If a Pakistani Muslim converts into Hinduism, comes to India, gets the citizenship and converts back to Islam, what will you do !?

The bill doesn’t answer THIS. It will lead to fake mass conversion and if you think it will NOT happen or has never happened before, I’ll address it soon.

Also, what is persecution !? Are we adopting the definition from Rome Statute!? Or we have OUR OWN NOTION OF IT !?

Please search the profile Jaint Kumar on facebook itself, and please see how he lives as a HINDU in Pakistan. He from his words is persecuted in no way, and is STRONGLY anti India (he is patriotic nothing wrong in that). So if he randomly comes and applies for the citizenship, are we supposed to assume that he is persecuted by default !?

The bill, with an intention to protect the minorities of the neighbouring countries, could have been prepared better. It is so vague that even if respected KK Venugopal saves it by proving that it has an intelligible reasonable differentia, it is extremely difficult to see how there will be smooth application of it when everything isn’t as defined as it should be.

2) What are we going to do with the people who are held illegal immigrants!?

Do we pick them and throw them outside the border in Bangladesh!? How are we going to deport someone to Bangladesh who has lived in India for all their life !?!! Bangladesh is NOT going to accept them it’s a FACT so we drop them at the border and be like ‘TATA - Oka bye’ !???????

This will OBVIOUSLY result in Mass Refugee crisis the way Myanmar has done it and Yes NOT Hitler nor GENOCIDE. Myanmar’s citizenship law 1982 and Constitution 2008 had the same demands. Prove that you have been in this territory from this period, or your citizenship is cancelled. In the end they landed up making beggars as refugees too, because they had no documents to prove anything. WOW.

The ONLY difference is that in Myanmar Rohingyas had no right to appeal, however in India immigrants will get 120 day period to appeal, yet if someone has absolutely no family or possession to show how will they prove their citizenship!?

Are we in agreement with the other 3 countries!? where we can safely say that we won’t be violating our duty to not create refugees !?

3) The Assam Issue :

In 1960s and 70s, Assam saw what is known as the Assam Movement. In the census of 1961 and 1971, it was seen that the rise in the Assamese speakers was much higher than the increase in population itself. It meant many Bangladeshi Bengali speakers converted into Assamese speakers as to mingle with the local population, so if anyone feels people won’t CONVERT AGAIN, you are wrong about it.

Assamese felt the threat about their culture and language as the Bengalis grew in good numbers and saw them playing a major role in influencing their elections, hence an accord was signed between central, state govt. and leaders of Assam movement, and it was agreed that all illegal immigrants, regardless of religion, will be kicked out.

Now with NRC, they will throw all the immigrants out of Assam and then they’ll take all the Hindu and Christians back in with CAB and will give them official powers to influence Assam and Tripuras elections, culture, language and everything!!!

Why does anyone think Assamese will keep  HINDU identity above their culture and language !? Especially in a country where states were primarily formed on linguistic basis !?

I don’t know how many people are aware however the original Two Nation Theory was proposed in the year 1867 by Syed Ahmed Khan, ie. 2 years before Gandhi was even born, and 9 years before Jinnah was born; NOT on the line of religion BUT language.

The initial idea of Two Nation Theory was that Urdu & Persian speaking Muslims can’t live with Hindi and related language speaking Hindus. Scholars agree that Jinnah and others just translated it into religion, while it actually was a fight of language.

Later, Bangladesh itself got separated form Pakistan because they did not accept the supremacy of Urdu over their Bangla.

Considering these conditions, how appropriate is it to let Bangla speaking Bangladeshis into Assam officially on the ground of non Muslim identity !?

How happy were Marathis when Biharis started migrating in their state !?

The govt. then has to ensure no Bangladeshi immigrant settles in Assam or Tripura or else we have recently tried solving The age old Kashmir issue, our future generation will be busy solving Assam’s. Internet had to be CUT, definitely should speak volumes how Strongly CAB has been opposed there.

P.S : This is a law which is way too important to be drafted so vaguely. NRC and CAB can’t be read separately and it is highest level of IGNORANCE to see its merits and demerits only on the lines of ‘Secularism’ and ‘Two Nation Theory’ ; its improper execution will lead to so many negative consequences that none of us will be able to deal with.

Hyderabad rape case encounter!!

You can get offended, or understand the post - choice lies with you!

In early 1970s in Madhya Pradesh, a young boy in a small village was offered a job to work in a city. The boy and his mother agreed, the boy left with the man to board a train from a nearby village to Jabalpur.

Within 2 days the man returned alone narrating to the boys mother, how the boy stepped out on the station to drink water and never returned.

Within no time, the police found out a brutally burnt body in a nearby forest, with a box full of poisoned sweets lying near it.

The mother identified the half burned clothes, the shopkeeper identified the box of sweets along with the man as the person who bought it.

The man was charged and found guilty in the lower court & the high court. And in the supreme court the man himself confessed that the boy used to harass his daughter so he poisoned him. He was found guilty of the premeditated murder and was ordered death penalty.

Two years after the man was hanged, the boy somehow managed to return to his village narrating how he got off the train to drink water and how he couldn’t make it to the train nor the village because he had no identification of his village.

It turned out that the identification of his half burnt clothes by his mother, sweet box by the shopkeeper and the confession, was all done under the pressure of police to shut the case down as soon as possible.

This is one of those rare cases which proved that all the evidences produced before the court were all lies, as the victim himself returned alive.

In states where naxalism was present earlier, the police used to tie every unsolvable murder to naxals and get done with it.

Now imagine police making it a norm of encountering based on accusations and people thinking that the justice has been served !?!!!

When the French reign of terror started under Maximilien Robespierre, they too used to execute without a crisp trial claiming swift justice. The end result was that it was tyranny all around. Anyone would accuse anyone of treason and get them executed and the govt. ended up executing more than 16 thousand people between June 1793 to July 1794 in the name of criminal justice and protecting society.

Today the Hyderabad police fake encountered 4 accuses of Hyderabad rape. There is no argument that the encounter was fake, why!? 4 of them stole guns from the police !? If yes then it was a really bad script. If no, then you cannot execute all 4 because one of them stole the gun, also you shoot them in the leg to incapacitate them, not to kill them.

People who are getting happy over it are getting happy over a fake encounter, which in deeper essence means ‘ Police murdering someone and then hiding evidence’ ; which for a society should be The Most Frightening Thing!!!!!

And now imagine if this becomes a Trend!????

After Nirbhaya, they lynched a man in Tripura, who was accused of rape and later found innocent.

Why as a society are we forgetting that each move like this, leads a country towards a regime of lawlessness and police brutality !?

The way its said ‘tumhara ya tumhare ghar mein se kisi ke saath rape hoga tabh pata chalega’ same goes with ‘Tumhara ya tumhare kisi relative ka fake rape case mein lynch ya encounter hojayega tabh pata chalega’

You can celebrate lawlessness only when you are not the one who is accused.

Bigger question is who is to blame !? The society !? NO.

Do we all properly remember the police encounter of the four SIMI terrorists in MP !?

At that time the sense of ‘Anti Nationalism’ was high, and the society was regularly fed the hate against their own patriotic sentiments. RESULT !? Everyone celebrated an encounter which was again, prima facie fake!!!

Everytime a sentiment rises to such a point that the people start believing that the law is not justice, they find comfort in lawlessness.

Thomas Hobbes himself said, that the law should be able to keep peace, if not then the society owes nothing to it.

If the present court and justice systems cant provide speedy trials, quick access to justice, the society does not owe a duty to believe that it is anything.

We cannot blame society for this, but the lagging justice system, lack of judges, slow progression in courts.

This happiness in the society for a fake encounter merely reflects THE FACT THAT THE SYSTEM IS FAILING.

And lets be honest, none of those 4 accused were innocent. They were caught on camera and unless the police has acquired exceptional video editing skills, they sure were GUILTY. I am NOT sad about their encounter, they would’ve been hanged in the court anyway in my opinion.

But does that give us a right or to the police to judge !?

Even if we know that they were guilty, there has to be a process for it. And if the present system is failing to uphold the society’s faith in the system, its time to revamp it.

So much of money is lost in scams, thousands of crores !? Imagine this money being instead used in the appointment of required judges!? Establishing courts !? Digitalisation of the entire judicial system !?

We as a scared and worried society, can easily celebrate the extrajudicial killings, but we will cry tears of blood like every society where the police has been given a free hand and we let it get established as a norm, if we do not withdraw from such celebrations and understand the deeper and dangerous meaning behind its ugly face.

The solution is again, pressuring the govt. to revamp the current criminal justice system, and not in totality eradicating it.

P.S : If you are a law student / lawyer and you are happy with extrajudicial killings, godbless your clients if you ever become a defense lawyer!!

Please read 🙏

You must have seen this image circulating on Internet everytime a major incident of rape occurs.

But there is a problem I observe here,

First, the way ‘instant’ is written is wrong.

Like in India, it takes years for them to prove rape. There is no legal system where death penalty is given ‘instant’ except North Korea where it is given for not saluting its dictator too.

In UAE, married women are often arrested after they are raped for having ‘sex outside marriage’. In 2016, they arrested a woman who was gangraped for having sex with other men.

In Afganistan, its the same. In 2009, a woman named Gulnaz was raped by a relative and SHE got a 12 year prison term for having sex outside marriage. She bore the child of the rapist who was born in the prison itself. Her sentence was later forgiven by the president after she had already served for 2 years inside the jail.

Also in Afganistan, raped women are discarded by the society, and are termed as ‘Badnaam’ and in many cases are later honour killed. During Soviet Afgan war the soviets kidnapped and raped many women who never returned home in the fear of being killed.

In Iran, rape victims are required to prove their rape by providing two witnesses. If the rapists pay them money, they are free to compromise and this is called ‘Jirrah’ and incase of murder ‘Jirrah’ is called ‘Diyya’ but in both the cases of rape and murder it can be compromised and the judges even persuade victims to compromise.

In China, when the criminal statute initially came up, they termed rape as Whoring, resulting in rape victims being labelled as prostitutes. Even though the word was amended, women in China don’t speak up and there was a report of a man who had raped over 100 women but none reported cuz of the social stigma attached.

There are many countries with which this comparison has been done, like Israel, where it is said that they give death penalty, but actually maximum punishment for rape is 16 years of jail.

There are only 56 countries where they still observe death penalty. Out of this 6 maintain death penalty only for specific offences, like Brazil has death penalty only for Treason. 32 countries have abolished it in practice by not giving a single death penalty in 10 years. We thus are left with only 18 countries that actively give death penalty, and in half of them the victim gets punished for having sex with other men.

Point is, this is a misinformation possibly spread to agitate people. People agitate for death punishment thinking India is the only country where they don’t give it. Consequence is that we go nowhere.

IMO The actual demand in India should be of speedy trial and stronger police patrolling and also change in societal attitude. 

Rape cases in India keep hanging in courts like property disputes. Demanding death penalty in India is of no fruitfulness as we already are one of the few countries that give death penalty without making the VICTIM guilty for it. We only need speedy trial, we already have the law.

Please people do not believe everything that is spread on social media, invest in your own research. Please read 🙏