Saturday, August 2, 2014

Cow Slaughter Laws In Different States


Cow Slaughter Laws In Different States


Main features of legislations enacted by the States/UTs on cow slaughter
Sr.No.State/Title of LegislationGist of Provisions
1.
ANDHRA PRADESHTHE ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977

Definitions:
  • “Cow”- includes heifer, or a calf, whether male or female of a cow.
  • “Calf”- age not defined.
Ban on slaughter:
  • Slaughter of “Cow” prohibited
  • Slaughter of bull, bullock allowed on ‘fit-for-slaughter’ certificate, to be given only if the animal is not economical or is not likely to become economical for the purpose of breeding or draught/agricultural operations.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.
Offences: -
  • cognisable
  2.
ASSAM
THE ASSAM CATTLE PRESERVATION ACT, 1950
Definitions:
  • “ Cattle” means `Bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves.
  • “Calf” not defined.
Ban on slaughter:
  • Slaughter of all cattle allowedon ‘fit-for-slaughter’ certificate, to be given if cattle is over 14 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.
Offence:
  • Cognisable only


3.

BIHAR

THE BIHAR PRESERVATION AND IIMPROVEMENT OF ANIMALS ACT, 1955

Definitions:
  • Bull – uncastrated male of above 3 years.
  • Bullock - castrated male of above 3 years.
  • Calf - male or female below 3 years.
  • Cow - female above 3 years.
Ban on Slaughter:
  • Slaughter of cow and calf totally prohibited
  • Slaughter of bull or bullock of over 15 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.
Offence:
  • Cognisable only
Ban on Export :
  • Export of cows, calves, bulls and bullocks from Bihar is not allowed for any purpose.

4.
  DAMAN & DIU
THE GOA , DAMAN & DIU PREVENTION OF COW SLAUGHTER ACT, 1978


Details as for Goa .

5.

DELHI
THE DELHI AGRICULTURAL CATTLE PRESERVATION ACT, 1994

Definitions:
  • Agricultural Cattle- cows of all ages, calves of cows of all ages, bulls and bullocks.
Ban on Slaughter:
  • Slaughter of all agricultural cattle is totally prohibited.
  • Ban on Transport or Export for slaughter is also prohibited.
  • Export for other purposes permitted on declaration that cattle will not be slaughtered. 
  • Export to a State where slaughter is not banned by law will not be permitted.
Penal provisions :
  • Imprisonment upto five years and fine upto  Rs. 10,000, provided that normally imprisonment should not be less than 6 months and fine not less than Rs 1,000.
  • Burden of proof is on the accused.
Offences:
  • Both cognisable and non-bailable.


6.

GOA
THE GOA , DAMAN & DIU PREVENTION OF COW SLAUGHTER ACT, 1978.













THE GOA ANIMAL PRESERVATION ACT, 1995

Definitions :
  • Cow includes cow, heifer or calf.
  • Age of calf not defined.
Ban on Slaughter :
  • Total ban on slaughter of cow except when cow is suffering pain or contagious disease or for medical research.
  • Prohibition of sale of beef or beef products in any form.
Penalty Provisions :
  • Imprisonment up to 2 years or fine up to Rs 1,000 or both.
Offences :
  • Both cognisable and non-bailable.

Definitions:
  • Applicable to bulls, bullocks, male calves and buffaloes of all ages.
Ban on Slaughter:
  • All the animals can be slaughtered on ‘fit-for-slaughter’ certificate which is not given if the animal is likely to become economical for draught, breeding or milk (for she/buffaloes) purposes
  • Prohibition of sale of beef obtained in contravention of above provisions, except beef imported from other States.

Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.

Offences:
  • Cognisable only.

7.

GUJARAT

THE BOMBAY ANIMAL PRESERVATION ACT, 1954 (APPLIED TO GUJARAT )


Definitions:
  • Applicable to bulls, bullocks, cows, calves and male/female buffalo calves.

Ban on Slaughter:
  • Slaughter of cow, calf, bull or bullock totally prohibited.
  • Slaughter of buffaloes permitted on certain conditions.

Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.

Offences:
  • Cognisable only.

8.

HARYANA

THE PUNJAB PROHIBITION OF COW SLAUGHTER ACT, 1955 (APPLICABLE TO HARYANA)

  Provisions same as for Punjab except penal provisions

Penal provisions :
  • Rigorous imprisonment up to 5 years or fine up to Rs 5,000 or both.


9.

HIMACHAL PRADESH
THE PUNJAB PROHIBITION OF COW SLAUGHTER ACT, 1955
(APPLICABLE TO THE STATE OF HIMACHAL PRADESH )


All provisions same as for Punjab .

10.

JAMMU & KASHMIR

THE RANBIR PENAL CODE, 1932

  • Voluntary slaughter of any bovine animal such as ox, bull, cow or calf shall be punished with imprisonment of either description which may extend to 10 years and shall also be liable to fine.
  • Fine may extend to five times the price of the animals slaughtered as determined by the Court.
  • Possession of flesh of killed or slaughtered animals is also an offence punishable with imprisonment up to 1 year and fine up to Rs 500.


11.

KARNATAKA

THE KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT, 1964



Definitions:
  • Animal - means bull, bullock, and all buffaloes.
  • Cow – includes calf of a cow, male or female.
Ban on Slaughter:
  • Slaughter of cow, calf of a cow or calf of a she-buffalo totally prohibited.
  • Slaughter of bulls, bullocks and adult buffaloes permitted on ‘fit-for-slaughter’ certificate provided cattle is over 12 years of age or is permanently incapacitated for breeding, draught or milk due to injury, deformity or any other cause.
  • Transport for slaughter to a place outside a state not permitted.
  • Sale purchase or disposal of cow or calf for slaughter not permitted.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.

Offences:
  • Cognisable only.



12.

  KERALA

No state legislation - only Panchayat Act/Rules

Kerala Panchayat (Slaughter Houses and Meat Stalls) Rules, 1964



Panchayat laws provide for prohibition of slaughter of useful animals in Panchayat (non-municipal) areas in the State. Under the Kerala Panchayat (Slaughter Houses and Meat Stalls) Rules, 1964, no certificate shall be granted under Rule 8 in respect of a bull, bullock, cow calf, he-buffalo or she-buffalo or buffalo calf unless the animal is over 10 years of age and is unfit for work or breeding or the animal has become permanently incapacitated for work or breeding due to injury or deformity. In 1976, the Kerala Government issued an executive order banning the slaughter of useful animals in the Municipal areas as well.



13.

MADHYA PRADESH

THE MADHYA PRADESH AGRICULTURAL CATTLE PRESERVATION ACT, 1959.

Definitions:
  • Agricultural cattle means cows of all ages, calves of cows, bull, bullocks and all buffaloes.

Ban on Slaughter:
  • Slaughter of cow, calf of cow, bull, bullock and buffalo calf prohibited.
  • However, bulls and bullocks are being slaughtered in the light of Supreme Court judgement, provided the cattle is over 15 years or has become unfit for work or breeding.
  • Transport or export for slaughter not permitted.
  • Export for any purpose to another State where cow slaughter is not banned by law is not permitted.
  • Sale , purchase, disposal of cow and its progeny and possession of flesh of cattle is prohibited.

Penal provisions:
  • Imprisonment up to 3 years and  fine of Rs.5,000.
  • Normally imprisonment shall not be less than 6 months and fine not less than Rs 1,000.
  • Burden of proof is on the accused.

Offences :
  • Cognisable only.


14.

MAHARASHTRA

THE MAHARASHTRA
ANIMAL PRESERVATION ACT, 1976

Definitions:
  • ‘Cow’ includes a heifer or male or female calf of a cow.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bulls, bullocks and buffaloes allowed on fit-for-slaughter certificate, if it is not likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes.
Penal provisions:
  • Imprisonment up to maximum of 6 months and fine of up to Rs1,000.
  • Burden of proof is on the accused.
Offences:
  • Cognisable only.


15.
MANIPUR

PROCLAMATION BY MAHARAJA - DARBAR RESOLUTION OF 1936



“According to Hindu religion the killing of cow is a sinful act.  It is also against Manipur Custom.  I cannot allowed such things to be committed in my State.  So if any one is seen killing a cow in the State he should be prosecuted.”

16.

MEGHALAYA



NO LEGISLATION

17.

NAGALAND


NO LEGISLATION

18.

ORISSA

THE ORISSA PREVENTION OF COW SLAUGHTER ACT, 1960
Definitions:
  • ‘Cow’ includes heifer or calf.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bull, bullock on fit-for-slaughter certificate if cattle is over 14 years of age or has become permanently unfit for breeding, draught.
Penal provisions:
  • Imprisonment up to maximum of 2 years or fine up to Rs 1,000 or both. 

Offences:
  • Cognisable only.


19.

PONDICHERRY

THE PONDICHERRY PREVENTION OF COW SLAUGHTER ACT, 1968


Definitions:
  • ‘Cow’ includes heifer or calf.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bull or bullock permitted on ‘fit-for-slaughter’ certificate provided it is over age of 15 years or has become permanently unfit for breeding or draught.
  • Prohibition on sale, transport of beef.

Penal provisions:
  • Imprisonment up to maximum of 2 years or fine up to Rs 1,000 or both. 

Offences:
  • Cognisable and non-bailable.


20.

PUNJAB

THE PUNJAB PROHIBITION OF COW SLAUGHTER ACT, 1955


Definitions:
  • “Cow” includes bull, bullock, ox, heifer or calf.

Ban on Slaughter:
  • Slaughter of cow (and its progeny) totally prohibited.
  • Export for slaughter not permitted.
  • Sale of beef prohibited.

Penal provisions :
  • Imprisonment up to maximum of 2 years or fine up to Rs 1,000 or both. 
  • Burden of proof is on the accused.

Offences :
  • Cognisable and non-bailable.


21.

RAJASTHAN

THE RAJASTHAN BOVINE ANIMAL (PROHIBITION OF SLAUGHTER AND REGULATION OF TEMPORARY MIGRATION OR EXPORT) ACT, 1995


Definitions:
  • ‘Bovine’ - means and includes cow, calf, heifer, bull or bullocks.
  • ‘Bull’ - means uncastrated male above 3 years
  • ‘Bullock’ - means castrated male above 3 years
  • ‘Calf’ - means castrated or uncastrated male of 3 years and below.
  • ‘Cow’ - means female above 3 years; ‘Heifer’ is female of 3 years or below.

Ban on Slaughter:
  • Slaughter of all bovine animals prohibited.
  • Possession sale, transport of beef and beef products is prohibited.  Export of bovine animal for slaughter is prohibited.
  • Custody of seized animals to be given to any recognized voluntary animal welfare agency failing which to any Goshala, Gosadan or a suitable person who volunteers to maintain the animal.

Penal provisions:
  • Rigorous imprisonment of not less than 1 year and up to maximum of 2 years and fine up to Rs10,000. 
  • Burden of proof is on the accused.


22.

TAMIL NADU

THE TAMIL NADU ANIMAL PRESERVATION ACT, 1958









Government orders banning cow slaughter dt. 30th August, 1976 .

Definitions:
  • ‘Animal’ means bulls, bullocks, cows, calves; also, buffaloes of all ages.
Ban on Slaughter:
  • All Animals can be slaughtered on ‘fit-for-slaughter’ certificate
  • Certificate given if animal is over10 years of age and is unfit for work and breeding or has become permanently incapacitated for work and breeding due to injury deformity or any incurable disease.
Penal Provisions:
  • Imprisonment of up to 3 years or fine up to Rs 1,000 or both.

Slaughter of cows and heifers (cow) is banned in all slaughterhouses in Tamil Nadu.

23.

UTTAR PRADESH

THE UTTAR PRADESH PREVENTION OF COW SLAUGHTER ACT, 1955


Definitions:
  • ‘Beef’ means flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into U.P.
  • ‘Cow’ includes a heifer and calf.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bull or bullock permitted on ‘fit-for-slaughter’ certificate provided it is over the age of 15 years or has become permanently unfit for breeding, draught and any agricultural operations.
  • Transport of cow outside the State not permitted for slaughter.
  • Prohibition on sale of beef.

Penalty provisions:
  • Rigorous imprisonment up to 2 years or fine up to Rs 1,000 or both.

Offences :
  • Cognisable and non-bailable.


24.

WEST BENGAL

THE WEST BENGAL ANIMAL SLAUGHTER ACT, 1950


Definitions :
  • Scheduled animals – bulls, bullocks, cows calves and buffaloes of all types/ages.

Ban on Slaughter :
  • Slaughter of all animalspermitted on ‘fit-for-slaughter’ certificate
  • Certificate given if animal is over14 years of age and unfit for work or breeding or has become permanently incapacitated for work and breeding due to age, injury, deformity, or any incurable disease.

Penal provisions:
  • Imprisonment up to maximum of 6 months   or fine up to Rs 1,000 or both. 

Offences:
  • Cognisable only.

Tuesday, July 29, 2014

३३ कोटि देवता और महा मृत्‍युंजय मंत्र





Anti-Brahminism


Origins of Anti-Brahminism


The true prophets of the anti-Brahmin message were no doubt the Christian missionaries. In the sixteenth century, Francis Xavier wrote that Hindus were under the spell of the Brahmanas, who were in league with evil spirits, and that the elimination of Brahminism was the first priority in the large operation of bringing Salvation to the wretched Pagans of India. In this endeavour, he strongly advocated and practiced the use of force. Unfortunately for him, the Portuguese government could not always spare the troops which he so passionately asked for. Still, the destruction wrought by Francis Xavier was impressive, and he has described the joy he felt on seeing idols being smashed and temples demolished.[1]
Within the Portuguese territories, physical persecution of Paganism naturally hit the Brahmins hardest. Treaties with Hindu kings had to stipulate explicitly that the Portuguese must not kill Brahmins. But in the case of Christian anti-Brahminism, these physical persecutions were a small matter compared to the systematic ideological and propagandistic attack on Brahminism, which has conditioned the views of many non-missionaries and has by now been amplified enormously because Secularists, Akalis, Marxists and Muslims have joined the chorus. In fact, apart from anti-Judaism, the anti-Brahmin campaign started by the missionaries is the biggest vilification campaign in world history (emphasis added).
While the Portuguese mission establishment was unanimous in branding the Brahmins as the chief obstacle to the Salvation of India, there was some dissent concerning the tactics to be employed against them. Robert de Nobili believed in fraud rather than force. He dressed as a Brahmin, and taught the Yesurveda, a fifth Veda which had been lost in India, but which the emigrant community of Romaka [Roman] Brahmins had preserved. He seems to have had a few followers, but after his death, nothing remained of his infiltration movement. Recently he has been declared the patron saint of the theology of inculturation,[2] and his method is being actualised and perfected in the Christian ashrams.[3]
De Nobili’s approach was one possible application of the Jesuits larger strategy, which aimed at converting the elite in the hope that they would carry the masses with them. This approach had been tried in vain in China, in Japan, and even at the Moghul court (today, it is finally meeting with a measure of success in South Korea). A practical implication of this strategy was that Christianity had to be presented as a noble and elitist religion. This came naturally to the Jesuits, who (unlike, for instance, the Franciscans) styled themselves as an elite order.
Most importantly, that stage of missionary endeavour did not make use of any populist or democratic rhetoric of equality. At that time, political equality was not yet on the ideological agenda. On the contrary, even when in the eighteenth and nineteenth century, equality became a political hot item, the Church opposed it tooth and nail, and supported the aristocratic ancien regime and its restoration after the fall of Napoleon. Only in the late nineteenth century, when atheist socialism lured the urban masses away from Christianity, did the Church evolve what is known as the social teachings of the Church, formulated in encyclicals likeRerum Novarum. Before that time, any opposition of the Catholic Church (and of most Protestant Churches) against the caste system and the Brahmin caste had strictly nothing to do with a concern for social equality.
Recent claims that equality is an intrinsic and cardinal virtue of Christianity, and that the apostle Thomas came to India in AD 52 with a message of equality, abolition of caste, and women’s rights, are so many lies. Thus, C.A. Simon writes: “The oppressed and downtrodden followed [St. Thomas] and claimed equal status in society as it was denied them by the prevailing social norms. He condemned untouchability and attempted to restore equal status for women.” That St. Thomas ever came to India is already a myth, only kept alive in India with a lot of Christian-cum-secularist media effort; that he came with an Ambedkarist and feminist message is just ridiculous.
The source of the Thomas legend is an apocryphal text called the Acts of Thomas. If the [Jesuits and other Christian] missionaries want to continue to present it as history rather than legend, they should accept the consequences. In that case, they must tell the public about the way in which Thomas’s journey to India started, according to the very same text: he left Palestine because his twin brother Jesus sold him as a slave (Thomas is also called Didymus, “the twin brother”). They must give details of the destructive sorcery which Thomas practised, as in his first miracle, when he made a lion devour a boy for being impolite.

They must
 tell the public that Thomas was put to death not by the ugly Brahmins but by the king who, after having had a lot of patience with him, and after offering him a safe exit from the country, decided to put a stop to his practice of luring women away from their homes and putting them in sackcloth and ashes behind locked doors, etc.
Briefly, if it is true that the apostle Thomas came to India, then the following is also true:
  • Thomas was an antisocial character;
  • Jesus was a slave trader;
  • Thomas was Jesus’s twin brother, implying that the four canonical Gospels are unreliable sources which have concealed a crucial fact, viz. that Jesus was not God’s Only Begotten Son. In fact, Jesus and Thomas were God’s twin-born sons. In other words, accepting the Thomas legend as history is equivalent to exploding the doctrinal foundation of Christianity.
The original Christian doctrine on equality has been expressed by St. Paul, who opposed attempts by slaves to free themselves because we have all been freed in Christ and that should be enough. St. Paul’s Letter to Philemon [in the New Testament Bible] is actually a covering note which he sent along with a runaway slave whom he returned to the legal owner, the Christian convert Philemon.[4]
A Christian Bible commentaryThe Lion Handbook to the Bible edited by David and Pat Alexander, admits: “Slavery was such an integral part of the social structure of the day that to preach freedom would have been tantamount to revolution. Paul’s brief was not to engage in political campaigning but to preach a Gospel capable of transforming human life from within.” This is a poor excuse: religious pluralism was also an integral part of the dominant culture, and yet Christianity confronted and destroyed it. Why should God make compromises with the world? The fact of the matter is that St. Paul wanted to convert people to his own belief system, and that he was not interested in other, non-Salvationist pursuits such as social reform.
If the missionaries were sincerely unhappy with the institution of caste, it was not because of its intrinsic inequality. The problem with caste was that it offered a lot of communal togetherness, social security and a certain pride in one’s caste identity. Through the missionary propaganda, we have come to see caste as an exclusion-from, but in the first place it is a belonging-to [a community]. Even for the lowest castes, humiliation by higher placed people on account of caste did not outweigh the considerable benefits of belonging to at least some caste.
This caste cohesion is an important reason why Hinduism could survive where the cultures of West Asia disappeared under the onslaught of Islam. The missionaries found that people were not willing to give up their caste by converting to Christianity, which implied breaking with a number of caste customs.
The only way to convert people, was to convert entire caste groups and allow them to retain some of their caste identity.Therefore, far from abolishing caste, the Church allowed caste distinctions to continue even within its own structure and functioning. Pope Gregory XV (1621-1623) formally sanctioned caste divisions in the Indian Church. This papal bull confirmed earlier decisions of the local Church hierarchy in 1599 and 1606.
It is therefore not true that the Church’s motivation in blackening the Brahmins had anything to do with a concern for equality. The Church was against equality in the first place, and even when equality became the irresistible fashion, the Church allowed caste inequality to continue wherever it considered it opportune to do so. As a missionary has admitted to me: in Goa, many churches still have separate doors for high-caste and low-caste people, and caste discrimination at many levels is still widespread. Commenting on the persistence of caste distinctions in the Church, a Dalit convert told me: I feel like a frog who has jumped from one muddy pool into another pool just as muddy.
Whenever the Church feels it should accommodate existing caste feelings in settled Christian communities, it accepts them; and whenever it thinks it profitable to take a bold anti-caste stand before a Dalit public, it will do just that. It is true that contemporary missionaries, who have grown up with the idea of social equality, mostly have a sincere aversion for caste inequality, and are more dependable when it comes to conducting Church affairs in a caste-neutral way (as opposed to Indian Christians who insistently claim descent from high-caste converts). But when considering the missionary machine as a whole, we must say that the missionary commitment to equality and social justice is not sincere, but is an opportunistic policy motivated by a greed for conversions.
In the past century, the Churches one after another came around to the decision that the lower ranks of society should be made the prime target of conversion campaigns. Finding that the conversion of the high-caste people was not getting anywhere, they settled for the low-castes and tribals, and adapted their own image accordingly. One implication was that the Brahmins were no longer just the guardians of Paganism, but also the antipodes of the low-castes on the caste ladder. A totally new line of propaganda was launched: Brahmins were the oppressors of the low-caste people.
In the proliferating mission schools, the missionary version of Indian history, including its view on caste, was taught to Indian pupils, and many interiorized the hostile and motivated story which they had been fed. One of them was Jotirao Phule of Maharashtra, the first modern leader to be called Mahatma. His position, while not yet all-out anti-Hindu, was strongly anti-Brahmin. He wrote:
“The Brahmin’s natural (instinctive) temperament is mischievous and cantankerous, and it is so inveterate that it can never be eradicated.”
Then again, the Aryan Invasion theory was the alpha and omega of the version of India history spread by anti-Brahminism.[5] Phule’s book Slavery starts out with this view of history: “Recent researches have shown beyond a shadow of a doubt that the Brahmins were not the Aborigines of India…. Aryans came to India not as simple emigrants with peaceful intentions of colonisation, but as conquerors. They appear to have been a race imbued with very high notions of self, extremely cunning, arrogant and bigoted.”
For Phule, there could be no progress for the low-caste people without taking harsh anti-Brahmin measures, e.g.: “Let there be schools for the Shudras in every village, but away with all Brahmin schoolmasters.”
This is exactly what the missionary school-builders wanted him to say. Through Phule, the missionary indoctrination has influenced all twentieth century anti-Brahmin leaders.
Even among the champions of the Hindu cause, anti-Brahminism acquired a following. The Hindu reform movement Arya Samaj rejected Brahminism and its heretical brainchildren, idolatry and the caste system, as utterly non-Vedic. Brahmin temples were desecrated in the name of Hinduism. Orthodox Brahmins were attacked as the traitors of Hindu interests.
Thus, it was said in those circles that when in the 1880s the Maharaja of Kashmir wanted to reconvert the forcibly converted Muslims in his domains, the Brahmins rejected this timely proposal, arguing from their obscurantist shastras that one is only a Hindu by birth.
This well-known allegation has been argued to be unhistorical (though of course nobody denies that mindlessly scripturalist Brahmins do exist, in dwindling numbers): it cannot be traced farther back than 1946, sixty years after the facts which it claims to describe. Admittedly, this argumentum e silentio is not strong in itself, but it is strengthened by the fact that Brahmins have reconverted ex-Hindus ever since the forcible conversions by Mohammed bin Qasim in AD 712. The ritual effecting conversion into the Arya fold has been available and in use since Vedic times.
There is ample Christian testimony from the sixteenth to the nineteenth century that the majority of converts were taken back into the Hindu fold, and that those who remained Christian were mostly the individuals who, driven out of their castes on account of their vices or scandalous transgressions of their usages, are shunned afterwards by everybody (quoted by Jeevan Kulkarni in Historical Truths & Untruths Exposed). The people affected by this conversion and reconversion process were mostly, but not exclusively, from the lower castes.
Just as well, the missionaries knew whom to hold responsible for their failure: “The Brahmin is therefore well worth looking at! We have more to do with him than with the Czar of all the Russians. The battle we have to fight with him is not against guns or rifles, not against flesh and blood.” This assessment, written in a mood of vexation by Rev. Norman MacLeod in 1871, was comparatively mild next to what Abbe Dubois had written (and of which MacLeod approved) in 1820: “And there is no stronghold of evil so impregnable as Brahmins”.
The well-spring of anti-Brahminism is doubtlessly the Christian missionaries greedy design to rope in the souls of Hindus. From there onwards, it spread through the entire English-educated class and ultimately became an unquestionable dogma in India’s political parlance. Communist historians and sociologists have been fortifying it by rewriting Indian history as a perennial struggle between Brahmin oppressors and the rest. When defending the Mandal report in 1990, the then Prime Minister of India V.P. Singh could say that Brahmins have to do penance for the centuries of oppression which they inflicted on the Backwards, without anyone questioning his historical assumptions. Anti-Brahminism is now part of the official doctrine of the secular, socialist Republic of India.[6]

1. Francis Xavier’s greatest success, though he didn’t live to see it, was to have the Holy Inquisition brought to Goa. The extraordinary perversions and cruelty practised by this Church tribunal against the native Goan population have been recorded in The Goa Inquisition by A.K. Priolkar.
2. Not only Robert de Nobili, but St. Thomas is being roped in as a mascot of inculturation. Ivan Fernandez, in “Hindu-Christian Dialogue Produces Results”, in the Jesuit magazine Jivan, May-June 1994, New Delhi, writes, “Hindu scholars have for the first time accepted Christian contribution to Indian philosophy and conceded that Indian philosophy does not necessarily mean Hindu philosophy…. Some of the issues raised [in the symposium organised by the Indian Council of Philosophical Research and the Jesuit Philosophical Research Institute, Madras,] asked if there actually were Christian thinkers in the country. If so, what were their framework and concerns?… It is important to raise these issues since the Christian presence in India dates back to the beginning of the Christian era itself. Tradition says, St. Thomas the Apostle, who visited and preached in Kerala … was martyred in Madras. This seminar is not just meant to prove Christian contribution but to demand one’s membership in society as a grown up….” says Anand Amaladass. “Indian philosophy today cannot be considered the property of any one particular community in the country, even if its major contribution has come from, till now, the Hindu community”.
3. See Catholic Ashrams: Sannyasin or Swindlers by Sita Ram Goel, New Delhi, 2010
4. For St. Paul on slavery see Ephesians 6:5-9, Colossians 3:22-25 & 4:1, 1 Timothy 6:1-2, and Philemon. See also 1 Peter 2:18-25, which begins: “Servants, be subject to your masters with all fear; not only to the good and gentle, but also to the forward.”
5. It should be understood here that the theory has been proved to be false. See Shrikant G. Talageri’s Aryan Invasion Theory and Indian Nationalism and K.D. Sethna’s Karpasa in Prehistoric India: A Chronological and Cultural Clue.
*********************************************************************************************************************
This Article Originally Posted On April 25 2013 By Dr Koenraad Elst in Academic Negationism 
Belgian Author and Orientalist :A Graduate in Philosophy, Chinese Studies and Indo-Iranian Studies at the Catholic University of Leuven. He frequently returns to India to study various aspects of its ethno-religio-political configuration and interview Hindu and other leaders and thinkers. His research on the ideological development of Hindu revivalism earned him his Ph.D. in Leuven in 1998. He has also published about multiculturalism, language policy issues, ancient Chinese history and philosophy, comparative religion, and the Aryan invasion debate.

Thursday, June 12, 2014

Judgement of India’s Supreme Court on Sanskrit

Before reading this do REMEMBER In 1st constitutional Assembly TWO persons argued for Sanskrit as National Language Dr Ambedkar & Tajudin Ahmed & Moron to oppose was Nehru 


Judgement of India’s Supreme Court on Sanskrit

This landmark judgement of India’s Supreme Court rejected the charge that the teaching of Sanskrit was “against secularism” and stressed the need to promote the language in the educational field.

In the Supreme Court of India Civil Original Jurisdiction

Writ petition (C) No.299 of 1989 (along with WP (C) Nos 13-3189, 1184189, 601189, 571189 and 1041189)

Shri Santosh Kumar & Others. etc. – Petitioners

Vs.

The Secretary Ministry of Human Resources Development and Anr. – Respondents

Judgement

1. A professor of Cambridge University is deeply, engrossed in his studies in his calm chamber: An agitated English soldier enters the study room and accuses the professor in not sharing the trauma of war which he and many others like him are facing while fighting Germans. The professor calmly asks the young soldier for whom he is fighting for. Quick comes the reply that it is to defend the country. The wise man wants to know what is that country to defend which he is prepared to shed his blood. The soldier replies it is the territory and its people. On further questioning the soldier says it is not only this but the culture of the country which he wants to defend. The professor quietly states that he is contributing to that culture. The soldier calms down and bows in respect to the professor and vows to defend with more vigour the cultural heritage of his country.

2. This is what is said to have happened during the Second World War when England was fighting almost a last ditch battle of survival and all Englishmen contributed in their own way to the ultimate victory of England.

3. The above shows the concern for culture evinced even by the westerners. So far as “We, the people of India ”are concerned, they have always held in high esteem the cultural heritage of this ancient land. And to foretell our views, learning of Sanskrit is undoubtedly necessary for protection of this heritage. The stream of our culture would get dried if we were to discourage the study of Sanskrit, and that too on the most tenable ground that if the Central Board of Secondary Education (for short ‘the Board’) were to do so, it would have to make facilities available for learning of Arabic and Persian — these being also classical languages, which is the ground advanced by Addl. Solicitor General, Shri Tulsi, appearing for the Board, in it not being in a position to accept the prima facie view expressed by us on 19.7.94, when these cases had come up for hearing that Sanskrit should be included by the Board as one of the elective subjects in the syllabus along with Assamese, Bengali etc. which are the languages specified in an Eighth Schedule of our Constitution, mentioning about Sanskrit being also an Eighth Schedule language. The desire to keep Sanskrit out does not stop here, as the submission also is that if Sanskrit comes, the Board shall have to bring in languages like French and German. This is not all, as it is contended by the Addl. Solicitor General that the Board feels that arrangement may have then to be made for imparting education even in Lepcha, a language whose name many of the Indians might not have even heard.

4. We fail to appreciate at all the stand taken by a responsible body like the Board, who has been entrusted with the onerous duty of educating the youths of this country “in whose hands quiver the destinies of the future,” as the same is wholly untenable. Without the learning of Sanskrit it is not possible to decipher the Indian philosophy on which our culture and heritage are based.

5. The question raised being important requires us, to answer it appropriately, to first know what our policy makers have said about the importance of Sanskrit. We shall then apprise ourselves about the place of Sanskrit in our educational ethos and shall finally see whether teaching of Sanskrit is against secularism?


Our Education Policy qua Sanskrit

6. Being called upon to decide whether Sanskrit is required to be included in the syllabus of the Board as an elective subject so far as teaching in secondary school is concerned, may we say at the threshold a few words on the importance of education as such. This point is not required to be laboured by us in view of the Constitution Bench decision of this Court in Unnikrishnan’s case, 1993 (1) SCC 645 in which the majority Judges well brought home the importance of education. It would be enough to mention what Mohan, J. (as a majority Judge) stated in that judgement. According to the learned Judge, education is a preparation of living and for life here and hereafter and education is at once a social and political necessity. It was also observed that victories are gained, peace is preserved, progress is achieved, civilisation is built up and history is made, not in the battle fields but in educational institutions which are seed-beds of culture. Education was, therefore, regarded as enlightenment and one that lends dignity to a man.

7. As we are concerned in these cases with the teaching in the secondary schools, we may say something about the importance of education in its early stages. It has been well recognised that it is this education which lays the foundation for a full and intense life and so this education must carefully keep alive the spark of curiosity and fan it into a beautiful, bright flame whenever it comes. It has been stated that it is the education received in early stages, which widens the contacts of child or youth with the surroundings of the world; and with every new and fruitful contacts with the world of things, the world of men and the world of ideas, life of the young becomes richer and broader. It is early education which seeks to broaden the mind by exposing the learner to the world of thought and reflection, which can inspire him with lofty idealism by giving him the glimpses of a good life which a worthy education is capable of bringing.

8. We may now advert to the broad framework of our education policy as accepted by the Central Government. For our purpose it would be enough if we refer to the policies as formulated in 1968 and 1986. Here again, we would confine our attention to what was stated in these policies regarding Sanskrit. In the 1968 policy the following found place qua this language:

“Considering the special importance of Sanskrit to the growth and development of Indian languages and its unique contribution to the cultural unity of the country facilities for its teaching at the school and university stages should be offered on more liberal basis. Development of new methods of teaching the language should be encouraged, and the possibility explored of including the study of Sanskrit in those courses (such as modern Indian philosophy) at the first and second degree stages, where such knowledge is useful.”

9. The 1986 policy has to say as below in this regard in para 5.33 :

“Research in Indology, the humanities and Social Sciences will receive adequate support. To fulfil the need for the synthesis of knowledge, inter-disciplinary research will be encouraged. Efforts will be made to delve into India’s ancient fund of knowledge and to relate it to contemporary reality. This effort will imply the development of facilities for the intensive study of Sanskrit.” [Emphasis added]

10. It would be of some interest to note that when Sir William Jones, one of the most brilliant men of 18thcentury, came to India in 1783 as a Judge of the then Supreme Court of Judicature at Fort Williams in Bengal, he got interested to learn Sanskrit and it grew so strong that within six years he not only became the master of the language but translated Kalidasa’s Shakuntala. After about two hundred years it has fallen to the Judges of the present Supreme Court to highlight the importance of Sanskrit and to see that it finds its due place into the niche of our national life.


Place of Sanskrit in our Educational Ethos

11. It is well known that Sanskrit is a mother of all Indo-Aryan languages and it is this language in which our Vedas, Puranas and Upanishads have been written and in which Kalidasa, Bhavabhuti, Banabhatta and Dandi wrote their classics. Teachings of Shankaracharya, Ramanuja, Madhawacharya, Nimbarka and Vallabhacharya would not have been woven into the fabric of Indian culture if Sanskrit would not have been available to them as a medium of expressing their thoughts.

12. The report of the Sanskrit Commission (set up by the Government of India) which was submitted in 1957 speaks eloquently about the importance of Sanskrit. We do not purpose to burden this judgment with all that was said by the Commission in this regard. It would be enough for our purpose if we take note of some passages finding place in the report which highlight the quality, substance, content and strength of Sanskrit. At page 71 of the report it has been mentioned that Sanskrit is one of the greatest languages of the world and it is the classical language par excellence not only of India but of a good part of Asia as well. At page 73 the report states that the Indian people and the Indian civilisation were born, so to say, in the lap of Sanskrit and it went “hand-in-hand with the historical development of the Indian people, and gave the noblest expression to their mind and culture which has come down to our day as an inheritance of priceless order for India, nay, for the entire world.” The report further speaks at page 74 about the “great mental and spiritual link” of Sanskrit and of it being the elder sister of Greek and Latin, and cousin of English, French and Russian.

13. There is no need to dilate on the importance of Sanskrit further in our national ethos in view of what was stated by no less a person than the first Prime Minister of the country, Pandit Jawaharlal Nehru, in this regard, which is as below:

“If I was asked what is the greatest treasure which India possesses and what is her finest heritage, I would answer unhesitatingly — it is the Sanskrit language and literature, and all that it contains. This is a magnificent inheritance, and so long as this endures and influences the life of our people, so long the basic genius of India will continue.”


Is teaching of Sanskrit against secularism?

14. Of the three objections mentioned by the Addl. Solicitor General regarding the inability of the Board in acting in accordance with the prima facie views expressed by us in our order dated 19.7.1994, the only objection which merits our close look is that if Sanskrit were to be included as an elective subject, Arabic and Persian shall also have to be so done. The two other objections, namely inclusion of French and German also in the syllabus and of language like Lepcha do not deserve any consideration for obvious reasons.

15. The first objection needs our consideration because in some quarter there may be a feeling that by conceding to Sanskrit alone as an elective subject, we would act against secularism, which has been accepted by a nine-judge Bench of this Court in S. R. Bommai Vs. Union of India, 1994 (3) SCC 1, as a basic structure of our constitution. It is apparent that we cannot give any direction about which it can be said that it is against the secularist requirement of our Constitution.

16. For the disposal of the cases at hand it is not necessary to elaborately discuss what are the basic requirements of secularism inasmuch as in Bommai’s case this exercise has been well done by the learned Judges. It would be enough for our purpose to note what some of the learned judges said in this regard. Sawant J., with whom one of us (Kuldip Singh, J.) agreed, quoted in para 147 of the report what Shri M. C. Setalvad had stated on secularism in his Patel Memorial Lectures, 1965. One of the observations made by Setalvad was that secular state is not hostile to religion but holds itself neutral in matters of religion. The further observation in para 148 is that the State’s tolerance of religion does not make it either a religious or a theocratic State. Ramaswami, J. stated in para 179 that secularism represents faiths born out of the exercise of rational faculties and it enables to see the imperative requirements for human progress in all aspects and cultural and social advancement and indeed for human survival itself.

17. It would be profitable to note that according to Justice H. R. Khanna secularism is neither anti-God nor pro-God; it treats alike the devout, the agnostic and the atheist. According to him, secularism is not anti-thesis of religious devoutness. He would like to dispel the impression that if a person is devout Hindu or devout Muslim he ceases to be secular. This is illustrated by saying that Vivekananda and Gandhiji were the greatest Hindus yet their entire life and teachings embodied the essence of secularism (see his article “The Spirit of Secularism” as printed in “Secularism and India; Dilemmas and Challenges” edited by Shri M. M. Sankhdhar.)

18. We also propose to refer to what was said by the Sanskrit Commission on the subject of “Sanskrit and National Solidarity” in Chapter IV of its report. The Commission has, in this context first stated that Sanskrit is the “embodiment of Indian culture and civilisation.” It then observes that the Indian people look upon Sanskrit as the binding force for the different people of this great country, which was described as the greatest discovery which the Commission made as it travelled from Kerala to Kashmir and from Kamarupa to Saurastra. The commission, while so travelling, found that though the people of this country differed in a number of ways, they all were proud to regard themselves as participants in common heritage and that heritage emphatically is the heritage of Sanskrit. According to the Commission one of the witnesses which appeared before it went to the length of suggesting that if the Sanskrit commission had come before the States Reorganisation Commission many of the recent bickering in our national life could have been avoided (pages 80 and 81).

19. From what has been stated above, we entertain no doubt in our mind that teaching of Sanskrit alone as an elective subject can in no way be regarded as against secularism. Indeed, our constitution requires giving of fillip to Sanskrit because of what has been stated in Article 351. in which while dealing with the duty of the Union to promote the spread of Hindi, it has been provided that, it would draw, whenever necessary or desirable, for its vocabulary, primarily on Sanskrit. Encouragement to Sanskrit is also necessary because of it being one of the languages included in the Eighth Schedule.

20. We, therefore, conclude by saying that in view of importance of Sanskrit for nurturing our cultural heritage, because of which even the official education policy has highlighted the need of study of Sanskrit, making of Sanskrit alone as an elective subject, while not conceding this status to Arabic and or Persian, would not in any way militate against the basic tenet of secularism. (Emphasis supplied). There is thus no merit in the first objection raised by the Board.

21. In the aforesaid premises, we direct the Board to include Sanskrit as an elective subject in the syllabus under consideration. Necessary amendment in the syllabus shall be made within a period of three months from today.

22. The writ petitions are allowed accordingly. No order as to costs.

Sd / - (Kuldip Singh)

Sd/- (B. L. Hansaria)

New Delhi 4 October 1994

Thursday, May 1, 2014

चली मैं पिया की नगरिया मेरे राम


गीत 




चली मैं पिया की नगरिया मेरे राम।।


सजना के घर से आई रे खबरिया
चली मैं पिया की नगरिया मेरे राम।
ओढ़े थोड़ी उजली थोड़ी मैली चदरिया 
चली मैं पिया की नगरिया मेरे राम।।

करिहैं श्रृंगार मोरा मिल के अपने
छीड़कत रहियें इतरिया, 
चली मैं पिया की नगरिया मेरे राम।।

चार कहांर कांधे लिए हैं 
भैया लिए चले आगे गगरिया, 
चली मैं पिया की नगरिया मेरे राम।।

चार दिन सब खेल में बीते
चारो पहर ढोते पाप की गठरिया,
चली मैं पिया की नगरिया मेरे राम।।

लकड़ी सजाय बनाया पलंग मोरा
मोहे लिटाये दिनों रे सेजरिया,
चली मैं पिया की नगरिया मेरे राम।।

चुनिहैं फूल ढूंढीहै कल पांच हड्डी 
जो फोड़ीहै आज मोर कपरिया, 
चली मैं पिया की नगरिया मेरे राम।।

अब क्या होवे पछता के,का होइ धूनी रमा के
ज़िंदगी भर रहा मन करिया का करिया,
चली मैं पिया की नगरिया मेरे राम।।

सजना के घर से आई रे खबरिया
चली मैं पिया की नगरिया मेरे राम।
ओढ़े थोड़ी उजली थोड़ी मैली चदरिया 
चली मैं पिया की नगरिया मेरे राम।।

धन्यवाद,

अरुण कुमार तिवारी 

Saturday, April 19, 2014

कुछ मुक्तक कुछ शेर {भाग एकविंशतिः (XXI)}



कुछ मुक्तक कुछ शेर {भाग एकविंशतिः (XXI)}





21. हवा कैसे न एहतराम करे उस चराग का।
      जो बारिश में भी जलने का हुनर रखता है।।

1 . यूँ ही नहीं आये वो जनाज़े में मेरे।
     एक आखरी कील ताबूत कि शायद लोग भूल गए थे।।

2 . किसी को अपना बनाने की चाहत जब हो जाये हद से ज्यादा,
     एक पल के लिए फिर किसी का होके देखो।
     पाना जूनून हो सकता है पल दो पल के लिए,
     होना इबादत है एक पल के लिए इबादत कर के तो देखो।।

3 . उसकी इस अदा पे क्यों न मर जाये ज़माना।
     वो क़त्ल भी करता है तो लहज़ा शरीफाना रखता है।।

4 . बहुत भरोसा कर लिया है शहर ने तुझपे,गर टूटा शहर का भरम।
     याद रखना,जो भी मिल जायेगा उस पे भरोसा कर लेंगे फिर शहर वाले।।

5 . तिलस्सम टूट चूका है यहाँ बड़े बड़े आइयारों का। 
     तूने आंखों के धोखों का हुनर अभी अभी सीखा है।।

6 . अब तो कानून जंगल का भी शहर में नहीं चल पायेगा।
     नाशुक्रे शहर में जानवर भरे पेट भी शिकार करते हैं।।

7 . बार बार रख रहा है शर्त मोहब्बत में।
     इरादा इश्क का है या जाना है सियासत में।।

8 . अट्हास ने कभी कोई तीर न मारा,कातिल हुई हर बार मुस्कान ज़माने में।
     खिलखिलाती हंसी बहारे लाती हैं,किल्कारिओं ने दी है ज़िंदगी को पहचान ज़माने में।।

9 . मै चिल्ला चिल्ला के लगाता रहता हूँ इलज़ाम,वो ख़ामोशी से सुनता रहता है।
     आँखों का प्यार कम नहीं होता उसकी,इस तरह भी कई बार हारा हूँ मैं।।

10. उसके हांथों के ताकत तेरी समझ से बाहर है अंदर झांक क्या कर लिया तूने।
      वो उठाता है दुआओं कि खातिर,हांथो को कासा बना लिया तूने।।

11. वो हर बार मुझको नया नाम दे देता है।
      या तो भूलने कि है आदत उसको,या मुझसे कुछ ज्यादा ही प्यार करता है।। 

12. इनदिनों बारिश लिए नमक देश का गिरने लगी है।
      पीतल जितना चमकना था चमक लिया,बाहर न निकल,रंग काला हो जायेगा।।

13. ताकत तो आसमान को धरती पे खींच के गिराने की रखता हूँ मैं।
      पर जब से तू आसमान पे जा बैठा है कुछ कमज़ोर सा हो गया हूँ मैं।।

14. लालची दिमाग का ही तो सारा खेल है,वरना।
      एक पैर कब्र में हो तो दूसरा केले के छिलके पे कोई नहीं रखता।।

15. क्यूंकि यहाँ इंसानी दिलोदिमाग लोहा हो गया।
      झूठ का चुम्बक लगाये सियासतदां गली गली फिरने लगा।।

16. ज़ेहन कि चालाकिओं,दिमाग कि साज़िशों को इत्तेफ़ाक़ का नाम न दो।
      महज़ इत्तेफ़ाक़ नहीं तेरा मुझसे जुदा हो जाना।।

17. फ़कीर जब भी इलज़ाम लगाये,ज़ेहन में अपने झांक लेना।
      सियासत कि हवा कुछ तेज है,चलने से पहले रुख हवा का भांप लेना।।

18. "स्वागत"से "कुत्तों से सावधान" का सफ़र तय करते करते।
      इंसानियत खो गई गाव छोड़ शहर,रोटी छोड़ बोटी के लिए मरते मरते।।

19. सदियां बीत गई पुकारते हमको,तुम तो वक्त से हुए जाते हो।
      दूर रह के देखते हो बेबसी मेरी,एक पल को भी पलट के नहीं आते हो।।

20. बड़े मासूम हैं ये पंछी,खुद कि मौत का सामान बनाने लगते हैं।
      जब भी घेरता है बादल सूरज को,पंखों से बादल हटाने लगते हैं।।


धन्यवाद,

अरुण कुमार तिवारी