Reforming Indian Constitution - 0811 018a

Ref: 0811-018 of 28-Nov-2008 The terror finally revisited India again, and set the minds of Indian intelligentsia, citizens, politicians, educationalists, industrialists and philosophers thinking. How long do we have to go by old means, tools, thinking and philosophy in 21st century when the things have changed so drastically? Old rules and means no longer apply. The people’s aspirations have changed. If Gandhian model of “charkha” can be changed to modern water jet looms, why do we allow ourselves stuck to old methods and beliefs? The things have changed dramatically especially over since 2001. Giants have tumbled and replaced by the more ambitious aspirants. Thinking is a creative art, no longer monopoly of the few richer nations. So called poorer nations are catching up fast, and indeed very fast. While overall life has improved, the quality of death has deteriorated. With alarming rise in violence, extremism in religion, and fanaticism in few ignorant have made the quality of life miserable. Often we feel that we are living by accident, no longer by willful design or planning. Mumbai on 26 November 2008 woke up the nation with stinging alarm that can not be put it off. We have to wake up now. It will be too late otherwise. India’s forefathers drafted Constitution of India based on the aspirations of people at that time and kind of technology available. Had they lived longer to present day in Internet age, they would have surely changed or I would say, completely redrafted the Constitution of India to measure up to the thinking and aspirations of future generations in India. But in this modern age, we still live with mediocre thinking. Our politicians have hardly grown up. While their dress styles and outer facades have changed, their thinking is still mired in old dogmas. We must change now and address to the challenge thrown upon us with full force and vengeance. The first step that we take is to change the Constitution of India, because that is where everything stops at the Supreme Court. We have to empower the judges in almost all courts that “do not look back, just look forward” We are mature enough to ignore the rearview mirror. Following is the area of our future operation where I have outlined the actions with reflection of past, their inadequacies, the opportunities provided to the masses for over 60 years, and the proposed actions with expected result.

Dump Secularism PAST: India adopted secularism to honour the wishes of all religions with intention that the respective religious leaders teach their followers to become the ideal and responsible citizens of the society. PRESENT: It worked until 1990 and then began to lose the relevance. The illiterate Maula refused to adopt the th modernity of 20 century ideas, started assuming the super power in the name of religion, became autocrats in the democratic society, and started preaching hatred and violence to the younger generations.

ACTION: Remove all references from all applications relating to job, admission to any schools, colleges, faculties, army, or even in parliament/legislature. Make it an “Economic Crime” punishable for compulsory imprisonment with additional 3 months of street cleaning job in his own locality where he lives.

India gave 60 years to all religions to adjust them selves to the modern demand. They did not. They abused the liberty and in democratic society, they became tyrants. FUTURE: We have to look beyond. The present culprits are not today’s suicide bombers but the Islamic religious leaders who have been guiding the tender generations with radicalism and violence. ACTIONS: Dump the principle of Secularism from the constitution. Dump Casteism and Reservation PAST: Casteism is officially debarred but actively and legally practiced. Many of national and state laws are defiant of constitution. They have never been tested or even wetted before turning them into statutes. If there can not be caste, why should Government make even mention of it while seeking job applications or admission to engineering or medical colleges from general populace? I remember my days in nationalized bank when one of the Brahmin employees pretended to be from Scheduled Cast just to get the job. In country like USA, where the discrimination due to Sex and Age is barred, the companies are required by law NOT to even make their mention or seek the information from the applicant in any manner whatever. PRESENT: The Scheduled Cast and Tribes were given chance for 60 years to improve themselves with hundreds of benefits so far. If they still do not want to improve their lives and remain dependent on the Government all the time, it is time to put full stop on this practice. We give chance to our own children to make his own livings after he becomes adult after 21 years. Here, we gave them 60 years. The nation can not give them permanent license to become parasite on the national economy. FUTURE: Let us make every one equal again. Perform or Perish should be the principle. Every citizen should compete with other on equal footing, be it a job, admission to IIT or Engineering or Medical colleges.

Colourful India has become black and white due to deep social divide. Apply National Law universally to all Religions PAST: India has different law for each religion for over 60 years (in fact over 150 years as they have been inherited from British Empire). They have no more relevance to the modern world. The very function of each law or belief is to serve the community. If they fail in this regard, they must be invalidated. In medieval days, when there was no transportation, no communication, the people in Islamic countries used to go to other countries based on 4 directions (North, East, West and South) by walk or on animals or wooden vessels on long journeys extending over 1 year. In order that they do not defile other women or go to the prostitutes, they were given right to marry 4 times in different countries. PRESENT: Different models exist for each citizen based on his religion. • Why should an Islamic woman be permitted to tolerate 4 marriages? • Why should she be divorced in absence by rehearsing “Talaak, Talaak and Talaak” 3 times? • Why should she be denied the basic civil rights? She is also our mother, sister or daughter regardless of her affiliation to Islamic religion. In almost all modern countries, the Common Law or National Law prevails over the Religious Rules, Regulations of Beliefs. Indian Hindus and Christians are as much concerned with as for them, if their Islamic neighboring women suffer injustice at the hands of their Maulvis who pass

strictures and even defame the Islamic woman. They should be “sued” for defamation. FUTURE: India is for every one, regardless of the affiliation of any of its citizen to any religion. If any practice of the religion is violative of national or state law, then the National Law has to prevail.

ornaments, to make their sons or daughters engineer, doctor, chartered accountants or MBA. And after spending millions of rupees, if they find that their children are not getting job only because they do not belong to certain caste or tribe, would not they become angry or feel cheated for no fault of their own?

It is also a universal principle of natural justice under widely adopted “Jurisprudence”. Those who studied law will learn it in very first year of Law College.

FUTURE: Let us say “Enough is Enough” If a nation has to progress, the only criteria should be Merit, Merit and only Merit. Seniority and experience also form the part of the Merit, so the term of the Merit should be properly defined.

The principle is, • If the Rules violate the Regulations, the Regulation prevails. • If Regulations violate the State or National Law, the State or National Law prevails • If State or National Law violate the Constitution, then the Constitution prevails Similarly, when the Religious beliefs or dictate defy the nation’s law, then the National or State Law has to prevail. This is called Justice. ACTION: Make the National Law as Prevalent over the Religious dictates so long and to the extent as they defy or violate the national law Set the Merit based Criteria as Fundamental Right PAST: for over 60 years, the jobs, benefits of every kind, help or subsidies are made available to various sections of the society based on cast, creed, religion or age (seniority). This has pushed the nation to the backward. It was no doubt okay before, back in 1950, but 60 years is more than enough support to any weaklings. They have become burden on the state. Merit has taken the backseat for all these years. It has to stop now for ever. PRESENT: Often you find that your son with 90% marks in Inter Science is denied admission to medical or engineering college. Why, same admission is given to unworthy student with 40% marks only because he belongs to the Backward Caste or Tribe. B. SC no longer means Bachelor of Science, but the Bachelor of Scheduled Cast. What kind of engineer of doctor the nation will be generating out of these non-qualified people? If they become engineer, and a bridge collapses, thousands will die. Who will be responsible? Of course, the Government of India - for initiating, promoting and protecting such unhealthy policy. Who will be responsible, if a Doctor from poorly educated student from Scheduled Cast causes the death of a patient? Again, the Government of India - for following populist and opportunist policy. The education is no longer cheap as it used to. The parents have to spend fortune, sell their homes or

Once the parents realize that their children will not meet injustice and will get jobs or benefits only on merits, renewed sense of confidence will emerge through out the entire population. All those who are not efficient, not meritorious, will be forced to re-qualify themselves to protect their presence in any field. Yes, not everyone will be competent. But in that case, they should not expect higher post or promotions only because they do not know how to do their job. The labour productivity will enhance several times, and will be so cost efficient, that the nation will be reaping billions of dollars or thousands of crores due to sheer efficiency and India can arrive at the top league in no time. ACTION: Make the Merit based criteria as Fundamental Right so that no state or institution can abuse the status of really a competent man.

Withdraw All Concessions to All States In Democracy, all states should be treated as equal. Just as all children are alike to parents, the Government should make it a practice of treating each state as same as others. PAST: Kashmir is an example to the point. Why should not national law be applicable to Kashmir which is one of the professed integral parts of India? Why should there be a separate status and let them have preferred law? Why rest of the Indians can not go to the Kashmir and buy the property or any other asset class over there? PRESENT: Such special treatment is fomenting the feeling of separation in Kashmir. If any Indian can go there, buy the property and make it a home, lot of wealth will pour into the troubled state. When the local population sees the prosperity on par with other states, they will be tempted to participate in national activity. Influx of more Hindus, Christians, Buddhists and other religions will persuade the Kashmiri to participate in the growth of not only its own state, but the nation as a whole. They will be able to compare how much prosperous they could be even while remaining as Islamist compared to the life on the other side of the border. FUTURE: By fully integrating Kashmir with India in all respects, with same common law as enjoyed by millions of Hindus and Muslim brothers in rest of India, a feeling of unity will be cultivated and they will be proud to say “ An Indian first, Kashmiri later”. More Kashmiri will move out of Kashmir into other states in search of education, job, profession or business. In 36 years of presence in Mumbai, I never met a Kashmiri in school, college, university, bus, and train on the street, road or plane. One of my eldest brother’s friends, a Parsi gentleman, used to advise us – See the beautiful Kashmir before it is too late. When one legally distinguishes other, it creates the feeling of separateness. It is always better to legalize what it should be before attempting to pump in billions of dollars or rupees. Would you buy a property by paying lakhs of rupees in advance if the legal title to the property is in doubt? ACTION: Abolish the Special Administration Act for Kashmir and integrate it fully with India in every respect. The Government should open as initial gesture IIT (prestigious world class engineering institute), Medical college, A giant University, Management Institute on par with IIM (Indian Institute of Management), number of mini hospitals and also mobile health centers, major Rail or Road transportation system as suitable for mountainous range, Waterway, major Industrial estate, tax concessions for moving into Kashmir, and host of Agriculture related activities (horticulture, fruits like

Apples, berries). A world class Business Convention center may also be built with the collaboration with leading Industrialists in India to promote the business from and to Kashmir. Make Official India as Hindu Nation Almost every country has official state religion. Many Islamic nations with 60% to 80% population being Muslim declare their state as Islamic and embrace Islam as official religion of the state. Please refer to the website http://www.islamicpopulation.com/asia_islam.html for latest Muslim population in the world. It is possible that the data may be overstated. Yet, it may serve as indicative source, if not accurate one. Forget the percentages (%). Most officially declared Islamic nations are small, with largest one being Indonesia, followed by Pakistan. India ranks the world’s largest Muslim population with over 220 Millions followed by Indonesia (195 Millions), Pakistan (157 Millions), China (130 Millions), Bangladesh (127 Millions). Over 80% Indians are Hindus. In terms of numbers, they are over 800 Millions. If Muslim nations can declare their state as Islamic state because majority of their population being Muslim, why not India declare itself as Hindu nation with 80% or 800 Million Hindus? By contract, NEPAL was the only Hindu nation in the world on the earth until 2006 when it adopted Secularism as its official status. Nepal had over 20 million Hindus whereas India with 800 Million Hindus (80%) was not a Hindu nation! By making India as Hindu Nation, a clear message will be sent to the extremist Islamic nations that although you are not allowing temples or churches to be built in your countries, we do permit building of Mosques under our democratic society. We have Muslims far larger than all of your nations put together. The Islamic women in India enjoy greater freedom in learning, yearning, earning, and following the independent life. This is the place where you can exist independently and resist all evils of extremism. The Islamic population in India is mostly peaceful. They have voluntarily stayed in India since partisan daus and realized the differential life of Muslims in India and Pakistan after 60 years. They tell Muslims in the world by their actions that they liken Hindu India as the safest destination for Muslims. In spite of 800 Million Hindus, same National Law applies to all religions alike. No special treatment for any one. And India can revert to its original name for centuries– Hindustan. And why not If Bombay could be renamed Mumbai, Madras as Chennai, Calcutta as Kolkatta, and Cochin as Kochi?

The Name conveys it all. Hands Off India Anil Selarka (Kalidas) Hong Kong Ref: 0811-018 – Reforming the Indian Constitution