Jai Hind Jai Bharat

Jai Hind Jai Bharat

Saturday, August 21, 2010

Babri Mosque and Ram Janm Bhoomi



Rear view of the Babri Mosque

Coordinates: 26.7956°N 82.1945°E
LocationAyodhya, India
EstablishedConstructed - 1527
Destroyed - 1992
Architectural information
StyleTughlaq

The Babri Mosque (Hindi: बाबरी मस्जिद, Urdu: بابری مسجد), Babri Masjid orMosque of Babur was a mosque in Ayodhya, on Ramkot Hill ("Rama's fort"). It was destroyed in 1992 when a political rally developed into a riot involving 150,000 people,[1] despite a commitment to the Indian Supreme Court by the rally organisers that the mosque would not be harmed.[2][3] More than 2000 people were killed in ensuing riots in many major Indian cities including Mumbai and Delhi.[4] The mosque was constructed in 1527 by order of Babur, the first Mughal emperor of India.[5][6]Before the 1940s, the mosque was called Masjid-i Janmasthan ("mosque of the birthplace") acknowledging the site as the birthplace of the Hindu deity, Lord Rama.[7] The Babri Mosque was one of the largest mosques in Uttar Pradesh, a state in India with some 31 million Muslims.[8] Although there were several older mosques in the surrounding district, including the Hazrat Bal Mosque constructed by the Shariqi kings, the Babri Mosque became the largest, due to the importance of the disputed site. Despite its size and fame, the mosque was little used by the Muslim community of the district and numerous petitions by Hindus to the courts resulted in Hindu worshippers of Rama gaining access to the site. The political, historical and socio-religious debate over the history and location of the Babri Mosque and whether a previous temple was demolished or modified to create it, is known as the Ayodhya Debate.

Architecture of the mosque

The rulers of the Sultanate of Delhi and its successor, the Mugal Empire, were great patrons of art and architecture and constructed many fine tombs, mosques and madrasas. These have a distinctive style which bears influences of 'later Tughlaq' architecture. Mosques all over India were built in different styles; the most elegant styles developed in areas where indigenous art traditions were strong and local artisans were highly skilled. Thus regional or provincial styles of mosques grew out of local temple or domestic styles, which were conditioned in their turn by climate, terrain, materials, hence the enormous difference between the mosques of Bengal, Kashmir and Gujarat. The Babri Mosque followed the architectural school of Jaunpur.

Babri was an important mosque of a distinct style, preserved mainly in architecture, developed after the Delhi Sultanate was established (1192). The square CharMinar of Hyderabad (1591) with large arches, arcades, and minarets is typical. This art made extensive use of stone and reflected Indian adaptation to Muslim rule, until Mughals art replaced it in the 17th century, as typified by structures like the Taj Mahal.

The traditional hypostyle plan with an enclosed courtyard, imported from Western Asia was generally associated with the introduction of Islam in new areas, but was abandoned in favour of schemes more suited to local climate and needs. The Babri Masjid was a mixture of the local influence and the Western Asian style and examples of this type of mosque are common in India.

The Babri Mosque was a large imposing structure with three domes, one central and two secondary. It is surrounded by two high walls, running parallel to each other and enclosing a large central courtyard with a deep well, which was known for its cold and sweet water. On the high entrance of the domed structure are fixed two stone tablets which bear two inscriptions in Persian declaring that this structure was built by one Mir Baqi on the orders of Babur. The walls of the Babri Mosque are made of coarse-grained whitish sandstone blocks, rectangular in shape, while the domes are made of thin and small burnt bricks. Both these structural ingredients are plastered with thick chunam paste mixed with coarse sand.

The Central Courtyard was surrounded by lavishly curved columns superimposed to increase the height of the ceilings. The plan and the architecture followed the Begumpur Friday mosque of Jahanpanah rather than the Moghul style where Hindu masons used their own trabeated structural and decorative traditions. The excellence of their craftsmanship is noticeable in their vegetal scrolls and lotus patterns. These motifs are also present in the Firuyyz Shah Mosque in Firuzabad (c.1354) now in a ruined state, Qila Kuhna Mosque (c.1540, The Darasbari Mosque in the Southern suburb of the walled city of Gaur, and the Jamali Kamili Mosque built by Sher Shah Suri this was the forerunner of the Indo Islamic style adopted by Akbar.

[edit]Babri Masjid acoustic and cooling system

"A whisper from the Babri Masjid Mihrab could be heard clearly at the other end, 200 feet [60 m] away and through the length and breadth of the central court" according to Graham Pickford, architect to Lord William Bentinck (1828–1833). The mosque's acoustics were mentioned by him in his book 'Historic Structures of Oudhe' where he says “for a 16th century building the deployment and projection of voice from the pulpit is considerably advanced, the unique deployment of sound in this structure will astonish the visitor”.

Modern architects have attributed this intriguing acoustic feature to a large recess in the wall of the Mihrab and several recesses in the surrounding walls which functioned as resonators; this design helped everyone to hear the speaker at the Mihrab. The sandstone used in building the Babri Mosque also had resonant qualities which contributed to the unique acoustics.

The Babri mosque’s Tughluquid style integrated other indigenous design components and techniques, such as air cooling systems disguised as Islamic architectural elements like arches, vaults and domes. In the Babri Masjid a passive environmental control system comprised the high ceiling, domes, and six large grille windows. The system helped keep the interior cool by allowing natural ventilation as well as daylight.

[edit]Legend of the Babri Mosque’s miraculous well

The reported medicinal properties of the deep well in the central courtyard have been featured in various news reports such as theBBC report of December 1989 and in various newspapers. The earliest mention of the Babri water well was in a two line reference to the Mosque in the Gazette of Faizabad District 1918 which says “There are no significant historical buildings here, except for various Buddhist shrines, the Babri Mosque is an ancient structure with a well which both the Hindus and Mussalmans claim has Miraculous properties.”

Ayodhya is a pilgrimage site for Hindus and the annual Ram festival is regularly attended by over 500,000 people of both the Hindu and Muslim faiths, and many devotees came to drink from the water well in the Babri Courtyard. It was believed drinking water from this well could cure a range of illnesses. Hindu pilgrims also believed that the Babri water well was the original well in the Ram Temple under the mosque. Ayodhya Muslims believed that the well was a gift from God. Local women regularly brought their new born babies to drink from the reputedly curative water.

The 125 foot (40 m) deep well was situated in the south-eastern section of the large rectangular courtyard of the Babri Mosque. There was a small Hindu shrine built in 1890 joining the well with a statue of Lord Rama. It was an artesian well and drew water from a considerable distance below the water table. Eleven feet (3 m) in radius, the first 30 feet (10 m) from ground level were bricked. It drew water from a reservoir trapped in a bed of shale sand and gravel, which would explain the unusually cool temperature of the water. The water contained almost no sodium, giving it a reputation of tasting ‘sweet.’ Accessing the well involved climbing onto a three foot (1 m) platform, where the well was covered with planks of thick wood with an unhinged trapdoor. Water was drawn by means of a bucket and long lengths of rope and due to its claimed ‘spiritual properties’ was used only for drinking. Hindus and Muslims in Ayodhya had a profound belief in the miraculous properties of its cold and pure underground water, which was reinforced by abundant local folklore.

[edit]Origins of the Dispute

Babri Mosque was surrounded on all sides by Sita Rasoi (Lord Rama's wife Sita Devi's Kitchen - actually a Temple and other Temples of Hanuman, etc) and the disputed structure shared walls with Sita and Hanuman Mandir till destroyed. The original Hindu temple was demolished or dramatically modified on the orders of the Mughal Emperor Babur and the mosque was built in its place. A movement was launched in 1984 by the Vishwa Hindu Parishad (VHP party) to reclaim the site for Hindus who want to erect a temple dedicated to the infant Rama (Ramlala), at this spot. Many Muslim organizations have continued to express outrage at the destruction of the disputed structure and carried out the 2005 Ram Janmabhoomi attack in Ayodhya along with strong opposition to building of the proposed new temple even threatening the Head of current Ram Temple (at same spot since 1992).[9] There were several later mosques in Faizabad district in which pilgrim city of Ayodhya falls. But, Ayodhya has almost negligible[10] Muslim population though there are substantial Muslims 7 km away at District Headquarters - Faizabad. The Babri Mosque at Ayodhya where Muslims never offered Namaz since 1947 independence became famous due to the importance of the disputed site where Hindus have been offering Pujas to Lord Ramlala from even before 1947 independence. Since, 1949 Indian Government order Muslims were not even permitted to be near the site for atleast 200 yards but locked the main gate and allowed Hindu pilgrims to enter through a side door. Also, the 1989 Allahabad High Court order opened the locks of the main gate and restored the site for eternity to the Hindus. However, when Hindus wanted modifications of the dilapidated Islamic style structure built by General Mir Banki on orders of Mughal invader Baburfrom Uzbekistan (Farghana town) and did Shilanyas (inauguration) of a proposed new grand Temple with Government permissions, there were Muslim unrests in many parts of India and Government moved court. Since, then the matter is sub-judice and this political, historical and socio-religious debate over the history and location of the Babri Mosque, is known as the Ayodhya Debate. Recently on court orders Archeological Survey of India dug the spot and found a previous ancient temple that was demolished or modified to create the later Mosque under Babur.[11]

References such as the 1986 edition of the Encyclopædia Britannica reported that "Rama’s birthplace is marked by a mosque, erected by the Moghul emperor Babar in 1528 on the site of an earlier temple".[12] According to the Hindu view, the ancient temple could have been destroyed on the orders of Mughal emperor Babur. This view has been supported by findings of Archaeological Survey of India (ASI), which carried out an excavation in Ayodhya.[13]

The latest archeological evidence comes from examination of the site after the destruction of the Babri Mosque. The Archaeological Survey of India under BB Lal, although initially published as finding no significant structures as these reports were based on inconclusive facts and were mere a media leak, subsequently put forward evidence of a pre-existing temple predating the mosque by hundreds of years as its final report.

Claims have been made that worship took place on a platform called the "Ram Chabutara" prior to Independence. According to British sources, Hindus and Muslims (who came from Faizabad) used to worship together in the Disputed Structure in the 19th century until about 1855. P. Carnegy wrote in 1870:

"It is said that up to that time, the Hindus and Mohamedans alike used to worship in the mosque-temple. Since the British rule a railing has been put up to prevent dispute, within which, in the mosque the Mohamedans pray, while outside the fence the Hindus have raised a platform on which they make their offerings."[14]

This platform was outside the disputed structure but within its precincts. Hindu protagonists say that they have been demanding the return of the site for centuries, and cite accounts from several western travelers to India during the Mughal rule in India.

[edit]History

[edit]Hindu account

When the Muslim emperor Babur came down from Ferghana in 1527, he defeated the Hindu King of Chittodgad, Rana Sangrama Singh at Sikri, using cannon and artillery. After this victory, Babur took over the region, leaving his general, Mir Baqi, in charge as viceroy.

Mir Baqi allegedly destroyed the temple at Ayodhya, built by the Hindus to commemorate Rama's birthplace, and built the Babri Masjid, naming it after Emperor Babur.[15] Although there is no reference to the new mosque in Babur's diary, the Baburnama, the pages of the relevant period are missing in the diary. The contemporary Tarikh-i-Babari records that Babur's troops "demolished many Hindu temples at Chanderi"[16]

Palaeographic evidence of an older Hindu temple on the site emerged from an inscription on a thick stone slab recovered from the debris of the demolished structure in 1992. Over 260 other artifacts were recovered on the day of demolition, and many point to being part of the ancient temple. The inscription on the slab has 20 lines, 30 shlokas (verses), and is composed in Sanskrit written in the Nagari script. The ‘Nagari Lipi’ script was prevalent in the eleventh and twelfth century. The crucial part of the message as deciphered by a team comprising epigraphists, Sanskrit scholars, historians and archaeologists including Prof. A.M. Shastri, Dr. K.V. Ramesh, Dr. T.P. Verma, Prof. B.R. Grover, Dr. A.K. Sinha, Dr. Sudha Malaiya, Dr. D.P. Dubey and Dr. G.C. Tripathi.

The first twenty verses are the praises of the king Govind Chandra Gharhwal (AD 1114 to 1154) and his dynasty. The twenty-first verse says the following; "For the salvation of his soul the King, after paying his obeisance at the little feet of Vamana Avatar (the incarnation of a god as a midget Brahmana) went about constructing a wondrous temple for Vishnu Hari (Shri Rama) with marvelous pillars and structure of stone reaching the skies and culminating in a superb top with a massive sphere of gold and projecting shafts in the sky - a temple so grand that no other King in the History of the nation had ever built before."

It further states that this temple (ati-adbhutam) was built in the temple-city of Ayodhya.

In another reference, the Faizabad District Judge on a plaint filed by Mahant Raghubar Das gave a judgment on 18 March 1886. Though the plaint was dismissed, the judgment brought out two relevant points;

"I found that Masjid built by Emperor Babur stands on the border of the town of Ayodhya…. It is most unfortunate that Masjid should have been built on land specially held sacred by the Hindus, but as that event occurred 358 years ago it is too late now to remedy the grievance. All that can be done is to maintain the parties in status quo. In such a case as the present one any innovation would cause more harm and derangement of order than benefit."

[edit]Jain account

According to Jain Samata Vahini, a social organization of the Jains, "the only structure that could be found during excavation would be a sixth century Jain temple".

Sohan Mehta, the General Secretary of Jain Samata Vahini, claims that the demolished disputed structure was actually built on the remnants of an ancient Jain temple, and that the excavation by ASI, ordered by Allahabad High Court to settle the Babri Masjid-Ramjanmabhoomi dispute, would prove it.

Mehta quotied writings of 18th century Jain monks stating Ayodhya was the place where five Jain teerthankars, Rishabhdeo, Ajeeth Nath, Abhinandanji, Sumati Nath and Anant Nath, stayed. The ancient city was among the five biggest centres of Jainism and Buddhism prior to 1527.[17]

[edit]Muslim account

Muslims generally dispute the legitimacy of Hindu claims to the site and their significance. They believe the archeological reports relied on by the Hindu nationalist groups Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP) and Hindu Munnani to lay claim to the Babri Masjid site are politically motivated and inherently biased against Islam.

[edit]Conflicts over the site

The first recorded incident of violence over the issue between Hindus and Muslims in modern times took place in 1853 during the reign of Nawab Wajid Ali Shah of Awadh. A Hindu sect called the Nirmohis claimed the structure, contending that the mosque stood on the spot where a temple had been destroyed during Babar’s time. Violence erupted from time to time over the issue in the next two years and the civil administration had to step in, refusing permission to build a temple or to use it as a place of worship.

According to the District Gazetteer Faizabad 1905, "up to this time (1855), both the Hindus and Muslims used to worship in the same building. But since the Mutiny (1857), an outer enclosure has been put up in front of the Masjid and the Hindus forbidden access to the inner yard, make the offerings on a platform (chabootra), which they have raised in the outer one."

Efforts in 1883 to construct a temple on this chabootra were halted by the Deputy Commissioner who prohibited it on January 19, 1885. Raghubir Das, a mahant, filed a suit before the Faizabad Sub-Judge. Pandit Harikishan was seeking permission to construct a temple on this chabootra measuring 17 ft. x 21 ft., but the suit was dismissed. An appeal was filed before the Faizabad District Judge, Colonel J.E.A. Chambiar who, after an inspection of spot on March 17, 1886, dismissed the appeal. A Second Appeal was filed on May 25, 1886, before the Judicial Commissioner of Awadh, W. Young, who also dismissed the appeal. With this, the first round of legal battles fought by the Hindus came to an end.

During the "communal riots" of 1934, walls around the Masjid and one of the domes of the Masjid were damaged. These were reconstructed by the British Government.

The mosque and its appurtenant land, a graveyard know as Ganj-e-Shaheedan Qabristan, were registered as Waqf No. 26 Faizabad with the UP Sunni Central Board of Waqfs (Muslim holy places) under the Act of 1936. The background of harassment of Muslims during the period has been recorded in two reports by the waqf inspector Mohammad Ibrahim, dated December 10 and 23, 1949, respectively to the secretary of the Waqf Board.

The first report states “any Muslim going towards the Masjid is accosted and called names, etc…. People there told me that there is a danger to the Masjid from the Hindus… When the namazis (worshippers) leave, from the surrounding houses shoes and stones are hurled towards the namazis. Muslims, out of fear, do not utter a word. Lohia also visited Ayodhya after Raghodas and gave a lecture…. Don’t harm the graves… The Bairagis said Masjid is Janmabhoomi and so give it to us… I spent the night in Ayodhya and the Bairagis are forcibly taking possession of the Masjid…..”

At midnight on December 22, 1949, when the police guards were asleep, statues of Rama and Sita were quietly brought into the mosque and erected. This was reported by the constable, Mata Prasad, the next morning and recorded at the Ayodhya police station. The FIR lodged by Sub Inspector Ram Dube, Police Station Ayodhya, on December 23, 1949 states: "A group of 50-60 persons had entered Babri Mosque after breaking the compound gate lock of the mosque or through jumping across the walls... and established therein an idol of Shri Bhagwan and painted Sita Ram, on the outer and inner walls with geru (red loam)... Afterward, a crowd of 5-6 thousand persons gathered around and while chanting bhajans and raising religious slogans tried to enter the mosque but were deferred.” The following morning a large Hindu crowd attempted to enter the mosque to make offerings to the deities. The District Magistrate K.K. Nair has recorded that "The crowd made a most determined attempt to force entry. The lock was broken and policemen were rushed off their feet. All of us, officers and men, somehow pushed the crowd back and held the gate. The sadhus recklessly hurled themselves against men and arms and it was with great difficulty that we managed to hold the gate. The gate was secured and locked with a powerful lock brought from outside and police force was strengthened (5:00 pm)."

On hearing this news Prime Minister Jawaharlal Nehru directed UP Chief Minister Govind Ballabh Pant, to see that the deities were removed. Under Pant's orders, Chief Secretary Bhagwan Sahay and Inspector-General of Police V.N. Lahiri sent immediate instructions to Faizabad to remove the deities. However, K.K. Nair feared that the Hindus would retaliate and pleaded inability to carry out the orders.

In 1984, the VHP launched a massive movement for the opening of the locks of the mosque, and in 1985 the Rajiv Gandhi government ordered the locks on the Ram Janmabhoomi-Babri Masjid in Ayodhya to be removed. Prior to that date the only Hindu ceremonmy permitted was a Hindu priest performing a yearly puja for the idols there. After the ruling, all Hindus were given access to what they consider the birthplace of Rama, and the mosque gained some function as a Hindu temple.[18]

Communal tension in the region worsened when the Vishwa Hindu Parishad received permission to perform a shilanyas (stone-laying ceremony) at the disputed site before the national election in November 1989. A senior BJP leader, LK Advani, started a Rath yatra, embarking on a 10,000 km journey starting from the south and heading towards Ayodhya.

[edit]Archaeological Survey of India report

Archaeological excavations by the Archaeological Survey of India (ASI) in 1970, 1992 and 2003 in and around the disputed site have indicated a large Hindu complex existed on the site.

In 2003, by the order of an Indian Court, The Archaeological Survey of India was asked to conduct a more indepth study and an excavation to ascertain the type of structure that was beneath the rubble.[19] The summary of the ASI report [20] indicated definite proof of a temple under the mosque. In the words of ASI researchers, they discovered "distinctive features associated with... temples of north India". The excavations yielded:

“stone and decorated bricks as well as mutilated sculpture of a divine couple and carved architectural features, including foliage patterns, amalaka, kapotapali, doorjamb with semi-circular shrine pilaster, broke octagonal shaft of black schist pillar, lotus motif, circular shrine having pranjala (watershute) in the north and 50 pillar bases in association with a huge structure" [21]”

[edit]Fallout

The Muslims strongly criticized the report, claiming that it failed to mention any evidence of a temple in its interim reports and only revealed it in the final report which was submitted during a time of national tension, making the report highly suspect.[22]. This view was shared by many Muslim religious groups including the Sunni Waqf Board and the All India Muslim Personal Law Board.

Examining the ASI's conclusion of a mandir (Hindu temple) under the structure, the VHP and the RSS stepped up demands for Muslims to restore the three holiest North Indian mandirs to Hindus.[21]

[edit]Demolition

On 6 December 1992, the Liberhan Commission was set up by the Government of India to probe the circumstances that led to the demolition of the Babri Masjid. It has been the longest running commission in India's history with 48 extensions granted by various governments. The commission submitted its report to Prime Minister Manmohan Singh on 30 June 2009, more than 16 years after the incident.[23]

Contents of the report were leaked to the news media in November 2009. The report blamed the high-ranking members of the Indian government and Hindu nationalists for the destruction of the mosque. Its contents caused uproar in the Indian parliament.

The Liberhan report has pieced together a sequence of events as they happened on December 6, 1992, the day the Babri Masjid was demolished by Kar Sevaks.

On that Sunday morning, LK Advani and others met at Vinay Katiyar's residence. They then proceeded to the disputed structure, the report says. Advani, Murli Manohar Joshi and Katiyar reached the puja platform where symbolic Kar Seva was to be performed, and Advani and Joshi checked arrangements for the next 20 minutes. The two senior leaders then moved 200 metre away to the Ram Katha Kunj. This was a building facing the disputed structure where a dais had been erected for senior leaders.

At noon, a teenage Kar Sevak was "vaulted" on to the dome and that signaled the breaking of the outer cordon. The report notes that at this time Advani, Joshi and Vijay Raje Scindia made "feeble requests to the Kar Sevaks to come down... either in earnest or for the media's benefit". No appeal was made to the Kar Sevaks not to enter the sanctum sanctorum or not to demolish the structure. The report notes: "This selected act of the leaders itself speaks of the hidden intentions of one and all being to accomplish demolition of the disputed structure."

The report holds that the "icons of the movement present at the Ram Katha Kunj... could just as easily have... prevented the demolition." [24]

[edit]Liberhan Commission findings

Kalyan Singh, who was the Chief Minister of Uttar Pradesh during the mosque’s demolition, has come in for harsh criticism in the report. He is accused of posting bureaucrats and police officers who would stay silent during the mosque’s demolition in Ayodhya.

Former Prime Minister of India Sri Atal Bihari Vajpayee, Former Deputy Prime Minister and Former Chairman of the opposition Mr.Lalkrishna Advani and Former Education Minister in NDA Government Mr. Murli Manohar Joshi have also been found culpable in the demolition in the Liberhan Commissions' Report. Anju Gupta, an Indian police officer appeared as a prosecution witness. She was in charge of Advani's security on the day of the demolition and she revealed that Advani and Murali Manohar Joshi made inflammatory speeches.[25]


Collection by Haider Ajaz

Friday, August 20, 2010

Uniform Civil Code

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

--

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



Sunday, August 15, 2010

Preamble to the Constitution of India



WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:JUSTICE, social, economic and political;LIBERTY of thought, expression, belief, faith and worship;EQUALITY of status and of opportunity;and to promote among them allFRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.


Haider Ajaz

Saturday, August 14, 2010

Revision history of Zamindar

Zamindar

A zamindar or zemindar (Hindi: ज़मींदार zamīndār, Urdu: زمیندار zamīndār, Eastern Nagari: জমিদার jomidar), was an official employed by the Mughals to collect taxes from Ryots (peasants).The zamindari system used the existing structure of the bhuiyan land tenure system of the pre-Mughal era by the Mughals as a key economic and political institution to implement the sharia-based Islamic rule over the "zimmis".The practice was continued under British rule with colonial landholders. After independence, however, the system was abolished in India and East Pakistan (present-day Bangladesh); it is still current in modern Pakistan.

Other terms were and are used in various provinces. For example, a zamindar is known as a wadera in Sindh. In Rajasthan , Uttar Pradesh, Madhya pradesh, Himachal pradesh, Haryana, Uttrakhand, Chhatisgarh, Bihar it is Thakur. In the Punjab and Haryana, many different terms occur, such as chaudhary, lambardar, and sardar. Malik is an Arabic term used in the Punjab which literally means "king". The word zamindar itself comes ultimately from Persian zamīn, "earth", and the common suffix -dār, "-holder" (as in many of the terms above).

Mughal era

In the Mughal Era, the zamindari system began to ensure proper collection of taxes during a period when the power and influence of the Mughal emperors was in decline. With the Mughal conquest of Bengal, "zamindar" became a generic title embracing people with different kinds of landholdings, rights and responsibilities ranging from the autonomous or semi-independent chieftains to the peasant-proprietors. All categories of zamindars under the Mughals were required to perform certain police, judicial and military duties. Zamindars under the Mughals were, in fact, more the public functionaries than revenue collecting agents. Although zamindaris were allowed to be held hereditarily, the holders were not considered to be the proprietors of their estates.

The territorial zamindars had judicial powers. Naturally, judge-magistracy, as an element of state authority conferred status with attendant power, which really made them the lords of their domains. They held regular courts, called zamindari adalat. The courts fetched them not only power and status but some income as well by way of fines, presents and perquisites. The petty zamindars also had some share in the dispensation of civil and criminal justice. The Chowdhurys, who were zamindars in most cases, had authority to deal with the complaints of debts, thefts and petty quarrels and to impose paltry fines.

British era

Zamindar was the name of landlords in colonial India.

The zamindari system was a way of collecting taxes from peasants. The zamindar was considered a lord, and would collect all taxes on his lands and then hand over the collected taxes to the British authorities (keeping a portion for himself). The similarities tomedieval feudalism are evident.

In the 18th century, when English and Scots merchants and adventurers began to settle in Mughal India in significant numbers, they noticed a superficial resemblance between the role and status of the zamindari and the landed gentry the squires or lairds that were once typical of the British Isles.

Like the zamindari, the English squires and Scots lairds were the leading proprietors in their villages. In addition, they were often entrusted with important judicial and governmental functions, by the Crown in their capacities as Justices of the Peace. It was natural for the British incomers to assume that the zamindari of northern India were a kind of local squirearchy, although there were important differences. Some new Zamindars were old Rajas. Many descended from eighteenth century revenue speculators and military adventurers. Several families are of very ancient lineage, like those claiming Bargujar ancestry and had always been independent rulers at earlier periods of Indian history. They frequently intermarried with the ruling families of the princely states. Their tenants numbered from dozens to many thousands, and under imperial law, had to pay rent to Zamindars to retain rights to their land.

Under the British some of the formerly independent Indian states that were given the status of zamindaris. Some of these zamindars held title to vast tracts of land, which they were required to pay annual rents to the Government of British India. The zamindar of Burdwan was the single largest tax payer in the British Empire, and was referred to as “Maharaja” but in his case it was a non-ruling title and not a princely one. Burdwan and other zamindaris like Raj Darbhanga (The largest zamindari of India with higest monthly income), Bettiah Raj and Dumraon were very wealthy and lived like royalty.The second line of big zamindaris included Balrampur,Sahaspur-bilari,Jhangirabad,dhampur. Other zamindars, i.e. Cossimbazar and Tekari Raj, apart from there used to be small estates such as kanhauli in the Muzaffarpore dristrict along with two more estates. Prior information are available for the kanhauli Estate which was run by local zamindars.The estate was having a Monthly income of approx Rs three lakh and area covering Thirtyfour thousand acres of land in different districts with a vast managerial bungalow in kanhauli village and hazipore town. Banglows namely Deorhi mansion,lalpakka were generally large and spacious, built of red stone and rose/teak/sandal wood, with a wraparound porch and rooms leading off from a large central courtyard. The mansion was a part of a vast estate.It also had a magnificent and monumental gate, Singh Dwar.The budget of daily expenditure was a part of their revenues.Inorder to improve the lot of their tenants,they opened schools, temples and other public institutions. By the zamindari system all the public lands were brought under the zamindar's control.


After independence in India

In some states the zamindari system was mostly abolished in India soon after its independence with the 44th amendment to the constitution of India which amended the right to property as shown in Article 19 and 31. This allowed the states to make their own "Zamindari Abolition Acts".The term is usually associated with the aristocracy as zamindars are still considered to be of the landed gentry. Zamindars tend to marry into families of the same social class; however, there have been cases of impoverished nobles marrying into rich families with no titles (this is sometimes considered marrying into the same social class, even if the other family is not of the nobility).

After independence in East Pakistan (present day Bangladesh)

The abolition of the zamindari system (which divided the society into lords, owners of property, and commoners, users of property) in East Pakistan immediately after accession from Pakistan as a separate state was a major landmark in Bangladesh's movement to the comparatively balanced democratic "people's state" that it has evolved into.

In West Pakistan (present day Pakistan)

In Pakistan the zamindari System is still present, especially in the provinces of Sindh and Punjab. Zamindars are known by different terms in different provinces. In Sindh, for example, zamindars are known as Wadera, while in Punjab, different terms such as 'Chauhdari' In Pothohar Plateau Rajputs(Pakrals or Minhas) are Known To Be Zamindars

--
Haider Ajaz


Wednesday, August 11, 2010

40 sayings of Masumeen (AS) on World and The Hereafter



1- The Endeared Prophet of Islam (P.B.U.H.) ((Ashshehab Fel-Hekame-Val-Adab, p. 7))
The world is the prison of the religious people and paradise of unbelievers.

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2- Imam Sajjad (A. S.) ((Osool-e-Kafi, vol. 3, p. 197))
Affection and attachment to the world is the root of all sins.
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3- Imam Mohammad Bagher (A. S.) ((Tohafol-Oghool, p. 293))
By decreasing desires, piety, asceticism and disinterestedness to the world become it sweet to your mouth.

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4- Imam Musa Kazem (A. S.) ((Behar, vol. 78, p. 311))
The story of the world is as a snake, that appears to be soft, but inwardly has a deadly poison.

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5- Imam Hadi (A. S.) ((Behar, vol. 78, p. 369))
In the world, people are publicized by their property, wealth and asset, and in eternity they are known by their deeds and actions.

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6- Imam Ali Naghi (A. S.) ((Tohafol-Oghool, p. 512))
The world is a market in which one group makes profit and another group incurs loss.

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7- Imam Mohammad Bagher (A. S.) ((Behar, vol. 78, p. 165))
There is no other sin higher than eagerness in living and staying in this world!

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8- The Reverent Amir (A. S.) ((Nahjol-Balaghe, Sent. 100))
The one who is attached to this world will consider the next world as an enemy and will detest it.

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9- Imam Jafar Sadegh (A. S.) ((Tohafol-Oghool, p. 374))
Attachment to the world results in sorrow and grief, and the lack of eagerness towards it is accompanied with comfort of the body and ease of the soul.

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10- The Honorable Prophet of Islam (S.W.) ((Ashshehab fel-Hekame-Val-Adab, p. 49))
The one who weeps for this world, his place will be in fire (tomorrow).

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11- The Reverent Amir (A. S.) ((Nahjol-Balaghe, Sent. 71))
Any breath that a man breathes is a step towards death.

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12- The Honorable Prophet of Islam (P.B.U.H.) ((Ashshehab Fel-Hekame-Val-Adah, p. 13))
Call to your mind many times the extinction of pleasures and joys (never forget death).

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13- Imam Mohammad Bagher (A.S.) ((Behar, vol. 78, p. 165))
The one that sincerity of truth and faith took place in his heart, will turn his face from decorations and ornaments of the world.

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14- Imam jafar Sadegh (A. S.) ((Oddatod-Daee, p. 105))
The person who is attached much to the world, when it is time to depart, will have many deep regrets and many grievances.

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15- The Honorable Prophet of Islam (S.W.) ((Ashshehab Fel-Hekame-Va1-Adab, p. 19))
The gift for and goodnews to a believer is the time of his death, when he will see his lodging in paradise.

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16- Imam Moussabne Jafar (A. S.) ((Tohafol-Oghool, p. 417))
The world is like water of the sea, the man who is thirsty, the more he drinks water of it the more he becomes thirsty, until the water kills him in the end!

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17- Imam Jafar Sadegh (A. S.) ((Osoole-Kafi, vol. 4, p. 9))
The one who is attached to the world is always engaged with three spiritual states: Grief and permanent distress, wishes that never take place and hopes that will never he reached.

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18- The Reverent Amir (A. S.) ((Nahjol-Balaghe, Khotbah 194))
The world is a passage lodging, and eternity is a place everlasting, yon should take advantage of the opportunity to save something from your passage lodging for the rest of your Journey.

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19- The Reverent Amir (A. S.) ((Behar. vol. 78, p. 56))
The one who sorrows and cares for the world, in fact he has expressed his dissatisfaction regarding God's destinies.

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20- Imam Hassan Mojtaba (A. S.) ((Safinatol-Behar, vol. 2, p. 671))
The faithful people use this world to gather provisions for the next world but faithless people only enjoy the fruits of this world while living.

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21- Imam Jafar Sadegh (A. S.) ((Khesal, vol. 1, p. 64))
The one whose onl objective is eternity, God will suffice his worldly affairs.

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22- Imam Muhammad Bagher (A.S.) ((Meshkotol-Anvar, p.270))
Consider the world as an inn that you have just arrived at, and will vacate today!

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23- Imam Zeinolabedin (A. S.) ((Osool-e-Kafi, vol. 3, p. 199))
The person who breaks off attachment to the world, afflictions and calamities will be easy for hi0m.

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24- The Reverent Amir (A. S.) ((Amali-e-Sadoogh, p. 393))
The one whose onl goal is this world, at the time of death and departure will be filled with grief, sorrow and regrets.

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25- Imam Jafar Sadegh (A. S.) ((Behar, vol. 75, p. 193))
The world near me is not more than a marsh; whenever I become obliged to, I drink from it.

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26- Imam Zeinolabedin (A. S.) ((Tohafol-Oghoo1, p. 285))
The world and its affairs will seem insignilicant for the one with great and cleric personality.

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27- The Reverent Amir (A. S.) ((Nahjol-Balaghe, Khotbah 217))
The world is an inn that surrounded by grief and sorrow and is famed with deceit and unfaithfulness, will never remain in one Condition, and its residents will never remain in good health.

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28- Imam Jafar Sadegh (A. S.) ((Osool-e-Kafi, vol. 4, p. 193))
A prisoner in this world is in fact one who is being detained from attention to eternity.

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29- Imam Reza (A. S.) ((Behar, vol. 78, p. 348))
Don't be unaware of the world's benevolence, and be it known that the eternity will not be obtained but through this World.

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30- Imam Muhammad Bagher (A. S.) ((Behar, vol. 78, p. 165))
To reconize the world insignificant, is the highest stage of certainty in faith.

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31- Imam Musa Kazem (A. S.) ((Tohafol-Oghoo1, p. 433))
Take legitimate interests from your world to the degree that it will neither injure your generosity and manlihood nor engage you with overindulgence, thus helps you in help your religious affairs.

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32- Imam Jafar Sadegh (A. S.) ((Behar, vol. 78, p. 242))
Whenever you find your world has improved, be concerned about your religion!

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33- The Honorable Prophet of Islam (S.W.) ((Vasael, vol. 11, p. 345))
The worset of people is the one who trades his next world for enjoyment of this world, and worse than him is the one who trades his next world for enjoyment of someone else (in this world).

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34- The Honorable Prophet of Islam (S.W.) ((Majmoo-e-Varram, vo1. 1, p. 131))
The slave of God should put away reserves from this world for his eternity, and from his life for his death, and from his youth for his old age.

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35- The Reverent Amir (A. S.) ((Mavaez-e-Sadoogh, p. 78))
Any affluence and pleasure of this world compared to the blessing of paradise is insignificant, and any calamity and disaster of this word compared to the fire of hell is considered healthful!

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36- The Reverent Amir (A. S.) ((Osool-e-Kafi, vol. 3, p 204))
Don't he attached to this world, affection and kindness of this world will make the human blind, deaf and dumb and would lead to wretchedness.

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37- The Reverent Amir (A. S.) ((Nahjol-balaghe, Sent. 61))
The people of this world are the example of a caravan that is taking them while they are sleeping!

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38- The Reverent Amir (A. S.) ((Fehrest-e-Ghorar, p. 111))
Attachment to this world corrupts the wisdom and makes deaf the ear of the heart from hearing wisdom.

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39- Imam Musa Kazem (A. S.) ((Tohafol-Oghool, p. 421))
The one who is attached to the world, the fear of the next world will be gone from his heart, and if a servant of God after becoming knowledgeable behaves more attached to the world, he will be far from God as well, and will be more and more disfavored by Allah.

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40- The Honorable Prophet of Islam (S.W.) ((Behar, vol. 6, p. 249))
You are not created for annihilation and mortality, but you have been created for survival and eternal living, and it is only by death that you are transferred from this lodging to other housing.


--
Abbas Shahid Baqir
"Knowledge is better than wealth because it protects you while you have to guard wealth. it decreases if you keep on spending it but the more you make use of knowledge ,the more it increases . what you get through wealth disappears as soon as wealth disappears but what you achieve through knowledge will remain even after you.



Monday, August 9, 2010

National Company Law Tribunal

The Government has said that it proposes to set up a ‘National Company Law Tribunal’ to consolidate the powers and jurisdiction presently being exercised by various bodies namely, Company Law Board, Board for Industrial and Financial Reconstruction, High Courts and entrust it to the Tribunal. Stating this in written reply to a question in the Lok Sabha today Shri Salman Khurshid, Minister of Corporate Affairs, said that the Companies (Amendment) Act, 2002 and the Companies Bill, 2009, introduced in the Lok Sabha on 3rd August, 2009, have a provision for the constitution of the ‘National Company Law Tribunal’ consisting of a President and such number of judicial and technical members, as the Central Government may deem necessary, to be appointed by notification. The Minister said that it removes the multiplicity of litigations before various courts or quasi-judicial bodies regarding disputes related to company matters, revival and rehabilitation, merger and amalgamation and winding up of companies.


National Company Law Tribunal

The Government has said that it proposes to set up a ‘National Company Law Tribunal’ to consolidate the powers and jurisdiction presently being exercised by various bodies namely, Company Law Board, Board for Industrial and Financial Reconstruction, High Courts and entrust it to the Tribunal. Stating this in written reply to a question in the Lok Sabha today Shri Salman Khurshid, Minister of Corporate Affairs, said that the Companies (Amendment) Act, 2002 and the Companies Bill, 2009, introduced in the Lok Sabha on 3rd August, 2009, have a provision for the constitution of the ‘National Company Law Tribunal’ consisting of a President and such number of judicial and technical members, as the Central Government may deem necessary, to be appointed by notification. The Minister said that it removes the multiplicity of litigations before various courts or quasi-judicial bodies regarding disputes related to company matters, revival and rehabilitation, merger and amalgamation and winding up of companies.

Saturday, August 7, 2010

Exemption of Authories from RTI Act,2005

The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information under the RTI Act 2005.

However, these Public Authorities have to respond to RTI Applications which pertain to subjects of Human Rights and Corruption. As per Section 5(1) of the RTI Act and the instructions of DoPT, they are also supposed to have a PIO and a AA.
(Please see: http://www.righttoinformation.gov.in...24_2007_IR.pdf)

As on 28th March 2008, the following is the list in the Second Schedule:

1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Sashastra Seema Bal.
16. Directorate General of Income-tax (Investigation) .
17. National Technical Research Organisation.
18. Financial Intelligence Unit, India.
19. Special Protection Group.
20. Defence Research and Development Organisation.
21. Border Road Development Board.
22. National Security Council Secretariat



Similarly, some States within the union has also exempted certain Public Authorities in the respective states, from the purview of the Act. Please check separately for each State.
CURRENT MOON