SILENCE OF THE LAMB……?

The role of media in a democratic system has been widely debated. India has the largest democracy in the world and media has a powerful presence in the country. In recent times Indian media has been subject to a lot of criticism for the manner in which they have disregarded their obligation to social responsibility. Dangerous business practices in the field of media have affected the fabric of Indian democracy. Big industrial conglomerates in the business of media have threatened the existence of pluralistic viewpoints. Post liberalization, transnational media organisations have spread their wings in the Indian market with their own global interests. This has happened at the cost of an Indian media which was initially thought to be an agent of ushering in social change through developmental programs directed at the non privileged and marginalized sections of the society. Though media has at times successfully played the role of a watchdog of the government functionaries and has also aided in participatory communication, a lot still needs to be done.

Democracy in general terms is understood to be a form of government which is subject to popular sovereignty. It is essentially a rule by the people which is in contrast to monarchies or aristocracies. One of the crowing glories of the democratic system is the freedom of expression and the space that is provided to views from different sections of the society. A democratic system can run to its utmost potential when there is wide participation on the part the general mass which is not possible without people getting informed about various issues. Reliable 1information resources are an important constituent of any democratic society (Habermas, 2006).

This is where media steps in. -----Mass media in its different forms have influenced human life in the present century. They have primarily provided information and entertainment to people across countries. Print media, being the leader over a considerable period of time has now got competition from Television, which is reshaping many of the social responses. Radio apart from providing news and views has also developed a flair for entertainment, thereby getting a lot of acceptance. There is also the new media with internet being its flag bearer. Internet has indeed made it possible to disseminate information and ideas in real time across the globe. However, among all these developments there is a cause of concern. Is media really fulfilling its social responsibility? Is a booming global mass media posing threats to the democratic way of thinking? In it posing challenges to a country like India where media has a greater role to play rather than merely providing information and entertainment?

Media and Social Responsibility: The Normative Argument----The normative view of the press argues that the conduct of the media has to take into account public interests. The main public interest criterions that the media need to consider include freedom of publication, plurality in media ownership, diversity in information, culture and opinion, support for the democratic political system, support for public order and security of the state, universal reach, quality of information and culture disseminated to the public, respect for human rights and avoiding harm to individuals and the society (McQuil, 2005). The social responsibilities expected from media in the public sphere were deeply grounded with the acceptance of media as the fourth estate, a term coined by Edmund Burke in England. With the formation of the 1947 Commission on the Freedom of the Press the social responsibility of media became a strong debating point. It was formed in the wake of rampant commercialization and sensationalism in the American press and its dangerous trend towards monopolistic practices. The report of the Hutchins Commission, as it was called, was path breaking on its take on social responsibility and the expected journalistic standards on the part of the press. The theory of social responsibility which came out of this commission was backed by certain principles which included media ownership is a public trust and media has certain obligations to 2society; news media should be fair, objective, relevant and truthful; there should be freedom of the press but there is also a need for self regulation; it should adhere to the professional code of conduct and ethics and government may have a role to play if under certain circumstances public interest is hampered (McQuil, 2005).

Democracy, Media and the Public Sphere------Informing the citizens about the developments in the society and helping them to make informed choices, media make democracy to function in its true spirit. It also keeps the elected representatives accountable to those who elected them by highlighting whether they have fulfilled their wishes for which they were elected and whether they have stuck to their oaths of office. Media to operate in an ideal democratic framework needs to be free from governmental and private control. It needs to have complete editorial independence to pursue public interests. There is also the necessity to create platforms for diverse mediums and credible voices for democracy to thrive (Parceiro, 1999). It has already been discussed that media has been regarded as the fourth estate in democracy. Democracy provides the space for alternative ideas to debate and arrive at conclusions for the betterment of society. The publicly agreed norms are weighed over that of actions on the part of economic organizations and political institutions (Barnett, 2004). This is close in essence to the concept of public sphere where rational public debate and discourse is given importance. Individuals can freely discuss issues of common concern (Tsekeris, 2008). Media plays one of the crucial roles behind the formation of public sphere (Panikkar, 2004). However, Barnett is of the opinion that in modern times the true sense of public sphere is getting eroded with the media of public debate getting transformed to mediums for expressing particular interests rather than general interests which are universally accepted. This signifies that public sphere which is essential for a vibrant democracy can actually be channelized to serve vested interests rather than public good.

Media and Indian Democracy ---The political system in India is close in spirit to the model of liberal democracy. In the constitution of India the power of the legislature, executive and judiciary have been thoroughly demarcated. The party system in operation is a competitive one with flexibility of roles of 3government and opposition. There is also freedom of the press, of criticism and of assembly (Pelinka 2003). Indian democracy has always attracted attention worldwide and has made scholars to ponder over the secret of its success amidst considerable odds. In India diversity is almost everywhere and it is not a developed nation. The problems of poverty and inequality in distribution of income have been constant irritants. Nevertheless, till today democracy has survived in the country. The role of media in India, the largest democracy of the world is different from merely disseminating information and entertainment. Educating the masses for their social upliftment needs to be in its ambit as well. In a country where there is large scale poverty, unemployment and underdevelopment media has a responsibility towards developmental journalism. It has a role to play behind formation of public opinion which can force the political parties to address the core issues haunting the country's progress. However, public opinion can be manipulated by vested interests to serve their own goals (Corneo, 2005). Media can conceal facts and project doctored ideas to influence the electorate and thereby the voting outcome. Values like objectivity and truthfulness in presentation of news and ideas can be totally done away with.

In India public service broadcasting was given much importance after independence. It was used as a weapon of social change. AIR (All India Radio) and Doordarshan, the public service broadcasters in the country had the responsibility of providing educational programs apart from information and entertainment. However, it needs to be taken note of that the public service broadcasting system in the country was closely identified with the state. A monopolistic media structure under state control has the threat of becoming the mouthpiece of the ruling elite. The scenario was bound to change with the opening up of Indian economy in a bid to integrate with the global system. It signaled the emergence of a competitive market in the field of media with public service broadcasters getting challenges from private entities. This, however, had the seeds of a new problem of ownership.

Ownership pattern of media across the globe and in India is a cause for concern. There are big corporate houses who own newspapers and television networks. A higher concentration of ownership increases the risk of captured media (Corneo, 2005). Media independence in such a scenario gives way to safeguarding the interest of the owners who may not serve social responsibilities. The space for plurality of ideas is eroded sending ominous signals for democracy. Bogart (1995) opines that in many democratic countries media ownership has 4reached dangerous levels of concentration. He has cited the examples of News Corporation's (owned by Rupert Murdoch) 37 % share in United Kingdom's national newspaper circulation and Silvio Berlusconi's ownership of top three commercial television channels, three pay TV channels and various newspapers and magazine in Italy which act as his political mouthpieces. Transnational powerful media organizations are in operation in India post liberalisation. These are big multinational corporations who own a chunk of the mass media market ranging from newspapers, television, radio, book publishing to music industry. Five of world’s largest media conglomerates include General Electric, Walt Disney, News Corporation, Time Warner, Viacom and CBS. In India there are big players like the Times Group and ABP who rule the roost in the media arena. In a bid to open up the Indian market 26% foreign direct investment has been allowed in news publication and 74% has been allowed in non news segments by the Government. 100% foreign direct investment is available in the film industry. 100% FDI is also allowed in television software production subject to certain government norms. Cable networks and FM Radio networks have FDI limits of 49% and 20% respectively (FICCI and PwC, 2006).Research undertaken by PricewaterhouseCoopers has shown the FDI investment trend across mass media in India. Virgin Media Asia has a holding in HT media's foray into FM radio. Financial Times (Pearson Group) has an arrangement with Business Standard; AmericorpVentures, Mauritius has a stake in Nimbus Communications which deal in television and films and Reuters UK has equity sharing with Times Global Broadcasting, the Indian entity. Therefore, across mass media options have opened up for availability of transnational homogeneous content. The growth of media conglomerates and their powerful presence has raised fears of manipulation of ideas by a powerful few detrimental to the democratic fabric. The corporate giants have also engaged in severe competition among themselves dishing out news and content which is primarily dominated by sensationalization, sleaze and glitz to capture wider markets. The disturbing trend that has emerged in the present media scenario is the use of media in the battle between rival political groups (Coronel, 2003). In fact, this new phenomenon is in operation in India with newspapers and news channels taking sides while presenting facts. The same event can be presented in two contrasting manners in two newspapers or two television channels. Coronel argues that promotion of hate speech in place of constructive debate and creating an atmosphere of suspicion rather than social trust has the danger of making people cynic about the democratic setup leading to its breakdown.

While discussing the dangers associated with the developments in media it needs to be said that media in India has also undertaken roles which have strengthened democracy. The media as a watchdog of the democratic system has unearthed its various shortcomings. Investigative reporting in print and television media has helped in exposing large scale corruptions which have robbed the nation. The Commonwealth Games Scam, the Adarsh Housing Society Scam, Cash for Vote Scam and the Bofors Scam are the highpoints of the Indian media. Across newspapers and television channels voices have been raised when the bureaucracy, judiciary or other public functionary have crossed the laxman rekha. There have also been initiatives to promote community media for the citizens to air their concerns. This is a significant leap towards alternative media usage which is distant from the dominant structure. Here the importance lies more in participatory communication right from the grassroots rather than communication which flows top down. Various television channels have also given the space for ordinary citizens to air their views in the form of citizen journalists thereby promoting democratic participation.

Newspapers have educated the masses by informing them of the developments in the field of science and technology. They have also expressed strong views against prejudices which harm the society. Much developmental news has also been aired through the medium of radio. Its comparative low cost and wide acceptance among poorer sections have made it a potent tool for expressing ideas beneficial to the public.  Internet, a relatively newer entrant in the field of mass media, has proved to be more democratic than newspaper and television (Coronel, 2003). Internet has provided the opportunity for citizens who are conversant with the medium to express their views about a number of issues. In many cases groups have been formed by likeminded people who discuss and debate over a number of decisions on the part of the government and seek new ideas for way ahead. The power of the internet can be easily judged from the developments in Egypt in recent times. Social networking sites like Facebook and Twitter were used to garner support against the regime of President Hosni Mubarak (Kuwait Times, 2010).

Internet has been used by various public service ----organizations and N.G.Os to inform people about their objectives and also to make them aware of various initiatives on the part of the government as well as non government organizations for social upliftment. In internet the barrier to communication is minimal which helps in the formation of a participative environment. There is also greater empowerment of the users through higher level of interactivity and flexibility in choice of media outlets.

The potential of 6the medium lies in its ability to be more personalized by offering user-created content (Flew, 2009). Nevertheless, there is the threat of advertising revenues influencing media outputs. Those who control considerable wealth have the opportunity to sway public opinion in their favour with the help of mass media. In the 2G scam the Radia Tapes controversy brought in focus the journalist, politician and industrial conglomerate nexus (Jebaraj, 2010). Developments like these are a threat to democracy and undermine the media fraternity. Advertisements in newspapers, television, radio and at times the internet have become a part of the present election campaigns. Candidates with better funds have the edge over others in being voted to office because they can buy newspaper space and considerable air time (Coronel, 2003).

Conclusion

In Indian democracy media has a responsibility which is deeply associated with the socio economic conditions. The present scenario is not quite encouraging and certain areas need to be addressed. Media organisations, whether in print, audio visual, radio or web have to be more accountable to the general public. It should be monitored that professional integrity and ethical standards are not sacrificed for sensational practices. The freedom of press in the country is a blessing for the people. However, this blessing can go terribly wrong when manipulations set in. The self regulatory mechanism across media organizations need to be strong enough to stop anomalies whenever they occur. Agencies like Press Council of India need to be vigilant to stem the rot. Big media conglomerates are a serious threat. To counter this problem pluralistic media organizations which are financially viable need to be encouraged? Community participation is a goal that the media should strive for in a country like India.

The Social Accountability of Media in Indian Democracy

The role of media in a democratic system has been widely debated. India has the largest democracy in the world and media has a powerful presence in the country. In recent times Indian media has been subject to a lot of criticism for the manner in which they have disregarded their obligation to social responsibility. Dangerous business practices in the field of media have affected the fabric of Indian democracy. Big industrial conglomerates in the business of media have threatened the existence of pluralistic viewpoints. Post liberalization, transnational media organisations have spread their wings in the Indian market with their own global interests. This has happened at the cost of an Indian media which was initially thought to be an agent of ushering in social change through developmental programs directed at the non privileged and marginalized sections of the society. Though media has at times successfully played the role of a watchdog of the government functionaries and has also aided in participatory communication, a lot still needs to be done.

Democracy in general terms is understood to be a form of government which is subject to popular sovereignty. It is essentially a rule by the people which is in contrast to monarchies or aristocracies. One of the crowing glories of the democratic system is the freedom of expression and the space that is provided to views from different sections of the society. A democratic system can run to its utmost potential when there is wide participation on the part the general mass which is not possible without people getting informed about various issues. Reliable 1information resources are an important constituent of any democratic society (Habermas, 2006).

This is where media steps in. -----Mass media in its different forms have influenced human life in the present century. They have primarily provided information and entertainment to people across countries. Print media, being the leader over a considerable period of time has now got competition from Television, which is reshaping many of the social responses. Radio apart from providing news and views has also developed a flair for entertainment, thereby getting a lot of acceptance. There is also the new media with internet being its flag bearer. Internet has indeed made it possible to disseminate information and ideas in real time across the globe. However, among all these developments there is a cause of concern. Is media really fulfilling its social responsibility? Is a booming global mass media posing threats to the democratic way of thinking? In it posing challenges to a country like India where media has a greater role to play rather than merely providing information and entertainment?

Media and Social Responsibility: The Normative Argument----The normative view of the press argues that the conduct of the media has to take into account public interests. The main public interest criterions that the media need to consider include freedom of publication, plurality in media ownership, diversity in information, culture and opinion, support for the democratic political system, support for public order and security of the state, universal reach, quality of information and culture disseminated to the public, respect for human rights and avoiding harm to individuals and the society (McQuil, 2005). The social responsibilities expected from media in the public sphere were deeply grounded with the acceptance of media as the fourth estate, a term coined by Edmund Burke in England. With the formation of the 1947 Commission on the Freedom of the Press the social responsibility of media became a strong debating point. It was formed in the wake of rampant commercialization and sensationalism in the American press and its dangerous trend towards monopolistic practices. The report of the Hutchins Commission, as it was called, was path breaking on its take on social responsibility and the expected journalistic standards on the part of the press. The theory of social responsibility which came out of this commission was backed by certain principles which included media ownership is a public trust and media has certain obligations to 2society; news media should be fair, objective, relevant and truthful; there should be freedom of the press but there is also a need for self regulation; it should adhere to the professional code of conduct and ethics and government may have a role to play if under certain circumstances public interest is hampered (McQuil, 2005).

Democracy, Media and the Public Sphere------Informing the citizens about the developments in the society and helping them to make informed choices, media make democracy to function in its true spirit. It also keeps the elected representatives accountable to those who elected them by highlighting whether they have fulfilled their wishes for which they were elected and whether they have stuck to their oaths of office. Media to operate in an ideal democratic framework needs to be free from governmental and private control. It needs to have complete editorial independence to pursue public interests. There is also the necessity to create platforms for diverse mediums and credible voices for democracy to thrive (Parceiro, 1999). It has already been discussed that media has been regarded as the fourth estate in democracy. Democracy provides the space for alternative ideas to debate and arrive at conclusions for the betterment of society. The publicly agreed norms are weighed over that of actions on the part of economic organizations and political institutions (Barnett, 2004). This is close in essence to the concept of public sphere where rational public debate and discourse is given importance. Individuals can freely discuss issues of common concern (Tsekeris, 2008). Media plays one of the crucial roles behind the formation of public sphere (Panikkar, 2004). However, Barnett is of the opinion that in modern times the true sense of public sphere is getting eroded with the media of public debate getting transformed to mediums for expressing particular interests rather than general interests which are universally accepted. This signifies that public sphere which is essential for a vibrant democracy can actually be channelized to serve vested interests rather than public good.

Media and Indian Democracy ---The political system in India is close in spirit to the model of liberal democracy. In the constitution of India the power of the legislature, executive and judiciary have been thoroughly demarcated. The party system in operation is a competitive one with flexibility of roles of 3government and opposition. There is also freedom of the press, of criticism and of assembly (Pelinka 2003). Indian democracy has always attracted attention worldwide and has made scholars to ponder over the secret of its success amidst considerable odds. In India diversity is almost everywhere and it is not a developed nation. The problems of poverty and inequality in distribution of income have been constant irritants. Nevertheless, till today democracy has survived in the country. The role of media in India, the largest democracy of the world is different from merely disseminating information and entertainment. Educating the masses for their social upliftment needs to be in its ambit as well. In a country where there is large scale poverty, unemployment and underdevelopment media has a responsibility towards developmental journalism. It has a role to play behind formation of public opinion which can force the political parties to address the core issues haunting the country's progress. However, public opinion can be manipulated by vested interests to serve their own goals (Corneo, 2005). Media can conceal facts and project doctored ideas to influence the electorate and thereby the voting outcome. Values like objectivity and truthfulness in presentation of news and ideas can be totally done away with.

In India public service broadcasting was given much importance after independence. It was used as a weapon of social change. AIR (All India Radio) and Doordarshan, the public service broadcasters in the country had the responsibility of providing educational programs apart from information and entertainment. However, it needs to be taken note of that the public service broadcasting system in the country was closely identified with the state. A monopolistic media structure under state control has the threat of becoming the mouthpiece of the ruling elite. The scenario was bound to change with the opening up of Indian economy in a bid to integrate with the global system. It signaled the emergence of a competitive market in the field of media with public service broadcasters getting challenges from private entities. This, however, had the seeds of a new problem of ownership.

Ownership pattern of media across the globe and in India is a cause for concern. There are big corporate houses who own newspapers and television networks. A higher concentration of ownership increases the risk of captured media (Corneo, 2005). Media independence in such a scenario gives way to safeguarding the interest of the owners who may not serve social responsibilities. The space for plurality of ideas is eroded sending ominous signals for democracy. Bogart (1995) opines that in many democratic countries media ownership has 4reached dangerous levels of concentration. He has cited the examples of News Corporation's (owned by Rupert Murdoch) 37 % share in United Kingdom's national newspaper circulation and Silvio Berlusconi's ownership of top three commercial television channels, three pay TV channels and various newspapers and magazine in Italy which act as his political mouthpieces. Transnational powerful media organizations are in operation in India post liberalisation. These are big multinational corporations who own a chunk of the mass media market ranging from newspapers, television, radio, book publishing to music industry. Five of world’s largest media conglomerates include General Electric, Walt Disney, News Corporation, Time Warner, Viacom and CBS. In India there are big players like the Times Group and ABP who rule the roost in the media arena. In a bid to open up the Indian market 26% foreign direct investment has been allowed in news publication and 74% has been allowed in non news segments by the Government. 100% foreign direct investment is available in the film industry. 100% FDI is also allowed in television software production subject to certain government norms. Cable networks and FM Radio networks have FDI limits of 49% and 20% respectively (FICCI and PwC, 2006).Research undertaken by PricewaterhouseCoopers has shown the FDI investment trend across mass media in India. Virgin Media Asia has a holding in HT media's foray into FM radio. Financial Times (Pearson Group) has an arrangement with Business Standard; AmericorpVentures, Mauritius has a stake in Nimbus Communications which deal in television and films and Reuters UK has equity sharing with Times Global Broadcasting, the Indian entity. Therefore, across mass media options have opened up for availability of transnational homogeneous content. The growth of media conglomerates and their powerful presence has raised fears of manipulation of ideas by a powerful few detrimental to the democratic fabric. The corporate giants have also engaged in severe competition among themselves dishing out news and content which is primarily dominated by sensationalization, sleaze and glitz to capture wider markets. The disturbing trend that has emerged in the present media scenario is the use of media in the battle between rival political groups (Coronel, 2003). In fact, this new phenomenon is in operation in India with newspapers and news channels taking sides while presenting facts. The same event can be presented in two contrasting manners in two newspapers or two television channels. Coronel argues that promotion of hate speech in place of constructive debate and creating an atmosphere of suspicion rather than social trust has the danger of making people cynic about the democratic setup leading to its breakdown.

While discussing the dangers associated with the developments in media it needs to be said that media in India has also undertaken roles which have strengthened democracy. The media as a watchdog of the democratic system has unearthed its various shortcomings. Investigative reporting in print and television media has helped in exposing large scale corruptions which have robbed the nation. The Commonwealth Games Scam, the Adarsh Housing Society Scam, Cash for Vote Scam and the Bofors Scam are the highpoints of the Indian media. Across newspapers and television channels voices have been raised when the bureaucracy, judiciary or other public functionary have crossed the laxman rekha. There have also been initiatives to promote community media for the citizens to air their concerns. This is a significant leap towards alternative media usage which is distant from the dominant structure. Here the importance lies more in participatory communication right from the grassroots rather than communication which flows top down. Various television channels have also given the space for ordinary citizens to air their views in the form of citizen journalists thereby promoting democratic participation.

Newspapers have educated the masses by informing them of the developments in the field of science and technology. They have also expressed strong views against prejudices which harm the society. Much developmental news has also been aired through the medium of radio. Its comparative low cost and wide acceptance among poorer sections have made it a potent tool for expressing ideas beneficial to the public.  Internet, a relatively newer entrant in the field of mass media, has proved to be more democratic than newspaper and television (Coronel, 2003). Internet has provided the opportunity for citizens who are conversant with the medium to express their views about a number of issues. In many cases groups have been formed by likeminded people who discuss and debate over a number of decisions on the part of the government and seek new ideas for way ahead. The power of the internet can be easily judged from the developments in Egypt in recent times. Social networking sites like Facebook and Twitter were used to garner support against the regime of President Hosni Mubarak (Kuwait Times, 2010).

Internet has been used by various public service ----organizations and N.G.Os to inform people about their objectives and also to make them aware of various initiatives on the part of the government as well as non government organizations for social upliftment. In internet the barrier to communication is minimal which helps in the formation of a participative environment. There is also greater empowerment of the users through higher level of interactivity and flexibility in choice of media outlets.

The potential of 6the medium lies in its ability to be more personalized by offering user-created content (Flew, 2009). Nevertheless, there is the threat of advertising revenues influencing media outputs. Those who control considerable wealth have the opportunity to sway public opinion in their favour with the help of mass media. In the 2G scam the Radia Tapes controversy brought in focus the journalist, politician and industrial conglomerate nexus (Jebaraj, 2010). Developments like these are a threat to democracy and undermine the media fraternity. Advertisements in newspapers, television, radio and at times the internet have become a part of the present election campaigns. Candidates with better funds have the edge over others in being voted to office because they can buy newspaper space and considerable air time (Coronel, 2003).

Conclusion

In Indian democracy media has a responsibility which is deeply associated with the socio economic conditions. The present scenario is not quite encouraging and certain areas need to be addressed. Media organisations, whether in print, audio visual, radio or web have to be more accountable to the general public. It should be monitored that professional integrity and ethical standards are not sacrificed for sensational practices. The freedom of press in the country is a blessing for the people. However, this blessing can go terribly wrong when manipulations set in. The self regulatory mechanism across media organizations need to be strong enough to stop anomalies whenever they occur. Agencies like Press Council of India need to be vigilant to stem the rot. Big media conglomerates are a serious threat. To counter this problem pluralistic media organizations which are financially viable need to be encouraged? Community participation is a goal that the media should strive for in a country like India.

"JUSTICE DELAYED IS ,JUSTICE DENIED."

Can a defender of Ishrat Jahan ‘encounter’ represent the CBI in the encounter case in the SC?

Since long, we have been witnessing one police officer after another, jailed for fake encounters in Gujarat, being released on bail, or reinstated by the Gujarat government.  What is even more startling is the position that investigating agency, the CBI, has been taking in the courts. When the Bombay High court granted bail to N.K. Amin in the Sohrabuddin fake encounter case in March 2013, the CBI contested it and filed a cancellation of bail petition before the Supreme Court.

When this cancellation petition was listed in the Supreme Court on 11th November 2014, former BJP Spokesperson and current Additional Solicitor General (ASG) Pinky Anand appeared on behalf of CBI. The CBI’s U-turn in the case was striking. Whereas earlier, it had sought the cancellation of the bail, it did not do so now. N.K. Amin, who is also an accused in the Ishrat Jahan encounter case, meanwhile filed a SPECIAL Leave Petition in the Supreme Court seeking bail in the Ishrat Jahan matter on the ground that the charge sheet was not filed in 90 days. Again, it was Ms. Anand who represented the CBI. While no one denies the right of the accused to seek bail, fairness demands that those who have publicly defended the Ishrat Jahan encounter as genuine, and have cast aspersions on the line of enquiry being pursued by the CBI should at least not represent the CBI in this matter. Ms. Anand, in her position as the spokesperson of her party questioned the move by the CBI to take on record the letter that D.G. Vanzara wrote from the prison or to investigate the allegations made in the letter (see full video here). It would be a travesty of justice if Ms. Anand continues to represent the CBI in an investigation she has questioned in the past. The flip-flops by the CBI in the recent days also raise fears about the independence of investigating agencies. Hence justice delayed is justice denied.

MY VIEW

“Centre must release Irom Sharmila following government decision to decriminalize attempt to suicide”

: Authorities in India must build on the central government’s decision to decriminalize suicide by dropping all charges of attempted suicide against Prisoner of Conscience Irom Sharmila and releasing her immediately and unconditionally, Amnesty International India said today. Irom Sharmila has been held in detention in Manipur for over 14 years on repeated charges of attempted suicide. She has been on a hunger strike since November 2000 demanding the repeal of the draconian Armed Forces (SPECIAL  Powers) Act (AFSPA).On 10 December, India’s Minister of State for Home Affairs stated in the upper house of Parliament that the central government had decided to repeal Section 309 of the Indian Penal Code, which makes attempting to commit suicide punishable with imprisonment for up to one year.

“The Indian government’s decision to decriminalize suicide is in line with an increasing global trend. This move should lead to the immediate release of Irom Sharmila, who has been held in detention merely for exercising her freedom of expression in a peaceful manner,” said Shailesh Rai, Programme Director at Amnesty International India. She has never been convicted of attempting to commit suicide. She has been regularly released after completing a year in judicial custody, only to be re-arrested shortly after as she continues her fast. In August 2014, a Manipur court had ruled that there were no grounds to charge Irom Sharmila with attempted suicide and instead described her protest as a ‘political demand through lawful means’, a belief thousands of her supporters have long held. Irom Sharmila was released after the verdict but she was re-arrested in farcical circumstances just two days later on the same charges. “Irom Sharmila should not have been arrested in the first place. Now that authorities have acknowledged that attempting to commit suicide should not be considered a crime, authorities in Manipur and Delhi should drop all charges against her, and start to engage with the issues this remarkable activist is raising,” said Shailesh Rai.

Background----Irom Sharmila has been on a prolonged hunger strike for over 14 years, demanding the repeal of the Armed Forces (SPECIAL  Powers) Act (AFSPA). She was arrested by the Manipur police shortly after she began her hunger strike on 2 November 2000, and charged with attempting to commit suicide – a criminal offence under Indian law. In March 2013, a Delhi court also charged Sharmila with attempting to commit suicide in October 2006, when she staged a protest in Delhi for two days. In February 2012, the Supreme Court of India observed in its ruling in the Ram Lila Maidan Incident case that a hunger strike is “a form of protest which has been accepted, both historically and legally in our constitutional jurisprudence.” The British Medical Association, in a briefing to the World Medical Association, has clarified that, “[a] hunger strike is not equivalent to suicide. Individuals who embark on hunger strikes aim to achieve goals important to them but generally hope and intend to survive.” This position is embodied by the World Medical Association in its Malta Declaration on Hunger Strikers.

AN OPEN LETTER................

               By M Hussain Azad        

“Fear not the threats of rich, but the tears of the poor.”

Dear politicians,

I, realize the deep and sincere feelings on the very difficult, complicated, important issues concerning our country, which I wish to state with great moderation and hope that you will give a fair hearing.

I would like to make few points---First I think that We all are the children of Our motherland and that as the citizens, we are entitled to full protection of law, and that anyone who stirs up racial or communal hatred should be punished to the uttermost by the law of the day.

Secondly, I believe that all members would agree that everything possible should be done to integrate them into our society and to help the citizens to adjust themselves to their own way of life.

Thirdly, the more the “Hatred ness” among the citizens, I admit the greater will be the damage and difficulty in integrating them. It is easy to win trophies but difficult to retain them, there are many dangers, potential and real—the political power—even when in power man remains a man – a bundle of frailties and an embodiment of weakness. So while doing out favors—which is essential for retaining power—personal limitations may not allow him to bless all—this breeds frustration as realities fall short of expectations, in particularly indicative campaign to undermine power—structure and assert one’s importance is started. Some more arrogant and amounting to much on themselves, may form new parties whereas more subtle and diplomatic affect a crack from within.

Thus there are dangers from within, hidden and obvious, so men in power have to be cautious unlike Cesar’s wife; above suspicious ready to renounce friendship, capable of realignment with others. They will have to be, more or less, opportunist to get the best out of the opportunities and doing best to get opportunities. Like Shelly’s “West wind” they are destroyers and preservers—that supports them. Thus politics has now become a craft of retaining power. If you think that coming to power is meteoric, downfall may be drastic—you finding a gap between theory and practice, fall short of the promises, expectations and even obligations—popular resentment gathers momentum and may come a head in the form of a revolution—a change for the better or worst. People have to be calmed down---this need the craft of propaganda—tell two lies before coming to one truth and it also presuppose the craft of liquidating the cause of resentment.

Silence must be secured either by making an outward show of observing either principles—in this unethical game or by fulfilling the promises made to the people—all efforts, nevertheless, are to hoodwink the people. Such parties profess to possess the magic wand, the power of working miracles of which is unknown to others—but why condemn those like Solomon’s mysterious spirit at their command. After all, all is fair in love and war and so in elections.

“Why call them dishonest, till they by action, prove to be so? Say some.  so why doubt the integrity of political leaders who make glitter promises to minorities, the B.C’s, ST, SC etc and others? Why not wait and watch?

 This might bring development in agricultural, industrial advancement, and will be able to provide better facilities and land to landless & homeless sufferers, paying attention to agriculture, power & education sectors in our planning programs. Nevertheless, a little ill must be suffered for a great pain, as election promises may befool some for one term, some for all terms, but not all for all terms—and as this truth dawns on the political careerist, their election promises will ease to the hyperbolic and certain high—siren will determinate their campaigns.

If election promises today are a prelude to the flippant politicians lies in the times to come, there is little need for running down the noblest concept of government which leaves ample room for the exposure of promise matters sincerity through their performance in the years following their return to the assemblies or parliament. Willy fox might have flattered the crow with cheese in its beak to sing and deprive it of that—but though some politicians might be foxy, all voters are not so innocent as the crow of the fable—and it is this fact that gives the opportunity to be delighted by wanton noisy vacant. It is the bites who are ultimately bitten, thanks to the paneer invested voters, who cannot resist being lured by colorful election promises.

    But when they fail they exposed because political rivalries sink down to personal animosity—the opposition tries to tarnish the public image of the people in power—some adventure may fail and other politicians exploit the situation. The role of opposition in India is—They opposes the government merely for the sake of opposition” and when they get the upper hand, the people in power meets their fate—sometimes misdeeds of the politicians in power are brought to light. In fact eternal vigilance is the price of liberty and vigilance brings darker spots to light.

Today I proclaim that every ill—Social, political, economic—from which Our country suffers is not merely due to unsocial, unethical & unjust instigators in the grab of leadership---but is the deliberate and self-motivated creation of people with inflamed heads.

Solomon has quoted in the book of Elesiaster that, “To everything there is a season, and a time for every purpose under the Sun.” there could not have been another “reason” nor another “time” till now for repairing the damage done and the trepidations caused by communal frenzy which has rocked the country since 1947.

Imagination falters when we picture a lot teeming millions of half famished peasants of our country who grow old before their age, whose children have pot bellies and whose eyes bulge ut of their sockets with little death starving into their eyes---but Alas! No Pearl S Buck can make us think of redeeming their lot. We dole out slogans to them who live on the uneatable bread and curse the land the land they extol and pledge to die for its honor.

It is painful that no people have either cared to learn from either the French revolution or the Russian revolution---bullets might silent some of the desperate hungry folks for some time but not for all time,--they may not understand the language of their hungry stomachs. It is to interpret in a style which shocks us to tell the next moment what an ill regard they have for empty sermons. They may hate to commit theft or murder, but what else can they do when their children weep and cry for bread---Rana Pratap might have lived on grass---but our hungry folks are o “Rana”s” they are the folks who live by bread alone.

Our city dwellers sentimentally hung pictures of half famished beggars in their drawing rooms—they may condemn, for immoral way of life and write articles to see the metropolis be cleared of beggars—but they forget that the remedy does not lie in some beggar women sitting as a model for their artist or in a condemnation of the immoral women, or is having beggary be banned.

You re to change your outlook and raise a voice to vindicate the right of the hungry or poor to bread for life—“Change the world before it changes you. Will you think before it is too late? Or will you wait for a pied-piper come and disappear with the hungry folks children, for not being realistic and practical?

Let Us wait and see how, you honor the words of Gandhi—Ambedkar—Nehru---Moulana Azad who dreamed about a republic and longed for bettering the conditions of those who were born in poverty lived in crime, & poverty and died like a mad dog in the streets.

M.Hussain_Azad

Journalist

MY BLOG

My BLOG……………. BY (by M.H.Azaad Social Activist & Journalist)

“Conversion issue raised by opposition”

The religion of a person in India has or bears a greater significance than any other aspects of the social realm. This significance can be understood as; a person is most commonly identified by his religion. The society in the present scenario is divided on the basis of religion. Religion of a person is the first thing which determines whether or not a person can be a member of the particular group. What would be his status in that group is determined on the basis of what position he holds in that religion, i.e. caste. Unlike a club, the membership of a caste is not open to all and sundry. The law of Caste confines its membership to persons born in the caste. Castes are autonomous, and there is no authority anywhere to compel a caste to admit a newcomer to its social life. Hindu Society being a collection of castes, and each caste being a closed corporation, there is no place for a convert. Thus it is the caste which has prevented the Hindus from expanding and from absorbing other religious communities. There is one set which finds nothing neither peculiar nor odious in the Caste System of the Hindus. Such Hindus cite the case of Muslims, Sikhs, and Christians, and find comfort in the fact that they too have castes amongst them. Caste among Non-Hindus is fundamentally different from caste among Hindus.

The recent conversion is highly debated in LOK Saba pursuing communal agenda against the backdrop of conversion in Agra, the government today asserted in Lok Sabha that it was committed to maintain communal harmony and suggested that all states as well as the Centre should have anti-conversion laws. Replying to a debate on conversions even as several opposition parties staged a walkout, Parliamentary Affairs Minister M Venkaiah Naidu rejected allegations against "mother" organization RSS and accused the opposition parties of spreading "misinformation" to "tar" the image of the Sangh as well as that of the Modi government. At the same time, Naidu said the freedom of faith cannot be a license for sustained proselytisation with the help of foreign funds, which specifically targets tribal’s and the poor. He said the Centre was committed to maintain communal harmony and was ready to offer any help to states for this. He rejected the opposition contention that communal incidents had gone up since the Modi government came, saying these incidents have shown a decline as per the data collected from all the states. These comments triggered an uproar after which members of opposition parties including Congress, Left, Trinamool Congress, Samajwadi Party and AIMIM staged a walkout. Saugata Roy (TMC) took potshots at BJP, accusing it of causing "religious polarization" and referred to a ruling party MP's comment that Nathuram Godse was a patriot like Mahatma Gandhi, whom he had killed.  SP leader Mulayam Singh Yadav,  cited the case of promoting Sanskrit in education and said a proposal in this regard had been mooted by the previous UPA government but current HRD Minister Smriti Irani was targeted for it.  while the Bharatiya Janata Party president Amit Shah said political parties, which are creating uproar over conversions, should in fact approach the government to enact stringent anti-conversion laws.  "Let these political parties, which are trying to stall Parliament on conversion issue, make their stand clear. If they are against religious conversions, they must come forward to favour enacting anti-conversion laws at the Centre and in all states", he said, while talking to media persons in the state capital.  Shah said parliamentary affairs ministers M Venkaiah Naidu has already maintained that the government was committed to maintain communal harmony and also favoured formulation of anti-conversion laws. 

2.4 Propagation

Another important issue with which these laws deal while dealing with conversion is Propagation of ones religion. The Constitution has guaranteed every individual to propagate ones religion. Propagation or to propagate ones religion means to cause (something) to increase in number or amount or to spread and promote (an idea, theory, knowledge, etc.) widely. It is being dealt with conversion, as for some people propagation is closely associated with the issue of forced conversion. Propagation in itself does not deal with conversion of religion, but it certainly guarantees the freedom of choice of religion. As there will be no freedom of choice unless a person is aware what options he has. The concept of propagating ones religion is most commonly conceived as proselytizing. Proselytizing on the other hand means to convert or attempt to convert someone from one religion, belief or opinion to another. Proselytizing can be very easily associated with the Anti-Conversion Laws that in force in various States, as they have a misconception that all Acts relating to propagation of ones religion end up in proselytizing others, i.e., forcing them to convert. Another misconceived notion of propagation is that, propagating ones religion means causing disgrace to another religion, which these authorities fail to ponder.

2.6 Why Conversion?

For ages together in India there was only one religion prevalent or professed, it was Hinduism. With the invasion of foreign rulers a new religion was brought in and among them one was Christianity. When there was only one religion known to the people conversion to any other religion / belief was never brought into picture, but with introduction to a new religion or a new way of reaching to God became known to people, the people who were at the lower / lowest level in the religion were attracted to this foreign religion as they found there was no caste divide in this religion; so they will no longer be in the lowest level of the caste. This attraction towards a new religion or belief has led many of Dalits to convert their religion to this new belief and thus letting forego their earlier belief. The conversion from Hinduism was not only limited to the Christianity, much before conversion to Christianity many Hindu Dalits converted to Buddhism also. The Church of South India (CSI) is primarily a Dalit church. It spearheads the campaign to convert Dalits in south India, especially in Andhra Pradesh and Tamil Nadu. Though they are called Dalit Church they are actually funded and aided by the Church authorities. These church or the members of these church though not given a status of equality but are recognized as Church as they have been brought into existence for the sole purpose of conversion. Credible evidence of the intention to convert followed by definite overt acts to give effect to that intention is necessary. The subsequent conduct of the convertee is also important in reaching the conclusion that a conversion in its true sense had taken place and there was genuine conversion. The evidentiary facts which establish conversion have been time and again stated by the Supreme Court, while observing that no specific ritual or ceremony is required. Satisfactory evidence of conversion which has always been insisted upon by the Courts is necessary especially when we hear plethora of complaints of manipulated conversions for extraneous reasons or as a result of undue pressures. It is seems that the government is bent upon dividing the country again on communal grounds like the British rulers before independence.

Court Admits Petition against Anti-Conversion Law in India  -

SHIMLA (Himachal Pradesh): The High Court of the north Indian state of Himachal Pradesh today admitted a petition filed by the New Delhi-based Evangelical Fellowship of India (EFI) challenging the constitutional validity of that state’s Freedom of Religion Act, commonly known as the "anti-conversion law." Admitting the petition, the Chief Justice of Himachal Pradesh High Court, Justice Kurian Joseph, and Justice Sanjay Karol scheduled the first hearing for June 14. The EFI, headed by Rev. Dr. Richard Howell, and co-petitioner Anhad (Act Now for Harmony And Democracy), led by Ms. Shabnam Hashmi, argued in the petition that the Himachal Pradesh Freedom of Religion Act of 2006 violated the right to privacy under Article 21 of the Indian Constitution, the right to free practise of religion under Article 25, and the freedom of speech and expression under Article 19.

Filed by Advocate Aman Sood, the petition was drafted by Advocates Robin David, Pramod Singh and Loreign Ovung, members of the Christian Legal Association of India; Advocates Tehmina Arora and Shruti Agrawal from the EFI, and Advocate Munawwar Naseem. Law students Dhiraj Philip, Febin Mathew and Abhishek Jebaraj helped in the research. Since the Supreme Court of India upheld the anti-conversion legislation in the states of Madhya Pradesh and Orissa in 1977 – during the time of the Emergency Rule under then Prime Minister Indira Gandhi – it is the second petition against the legislation a court has admitted. In 2009, the Gujarat High Court admitted a similar petition by the Catholic Bishops Conference of India challenging the Gujarat state’s anti-conversion law – a hearing is yet to be scheduled. The 1977 judgment in the Rev Stanislaus vs. Madhya Pradesh case (AIR 1977 SC 908) looked into whether the right to practice and propagate also included the right to convert. Section 4(1) of the Himachal Pradesh Freedom of Religion Act of 2006 requires any person wishing to convert to another religion to give a prior notice of at least 30 days to district authorities, while exempting those "converting back" to their "own religion," which can be read as Hinduism. Section 3 of the Act prohibits conversion "by the use of force or by inducement or by any other fraudulent means" and states that a person who is converted by unfair means shall not be considered converted. Thus, it excludes from its ambit "reconversion" ceremonies, which are routinely conducted among Christian converts by Rightwing Hindu groups. According to Section 5, an offence under Section 3 is punishable with imprisonment up to two years and/or a fine up to 25,000 rupees. In case of conversion of a minor, woman, Dalit or tribal, the imprisonment can extend to three years and the fine up to 50,000 rupees. The rules under the Act were published on August 29 in the official government journal, bringing the law into force.

The Himachal Pradesh legislation is the first anti-conversion law enacted by the Congress Party – though it otherwise claims to promote religious pluralism in the country – in recent years. Most of the anti-conversion bills and bills to amend existing anti-conversion laws were passed by Hindu nationalist Bharatiya Janata Party governments. The Himachal Pradesh state assembly House introduced the bill, led by then Chief Minister Virbhadra Singh, on December 30, 2006. The anti-conversion laws are currently in force in five Indian states: Madhya Pradesh, Chhattisgarh, Orissa, Gujarat and Himachal Pradesh. Although some of these laws have been in force for over four decades, no court is known to have convicted any person of "forced" or "fraudulent" conversions until today. (February 22, 2011)