For today's thread I did a content analysis of the Indian constitution to see how many times the phrase "public order" appears and in what context it is used .
Turns out it appears 9 times out of which 8 are used to justify restrictions on our rights . 6 of the 9 occurrences appear in part 3 of the constitution which deals with the fundamental rights granted to us .
First three occurrences are in Article 19 Right to Freedom
which was amended as part of the famous First Amendment.
Situation only slightly better in West Bengal . Tried to get tested yesterday and AMRI, Metropolis , SRL were unreachable. Finally had to walk-in to an OPD where I got a prescription and was asked to show up at 9 am today to get tested .
The details presented below are from Arun Shourie's book "Courts and their Judgments" written when he was a minister in NDA1 . It is a must read for everyone who wants to understand how we came to be where we are .
Today we will do a short thread on whether Conversions should be banned or not since it is being talked about in rarified circles .
The key to this is Article 25 which (shown below) which gives people the right to freely profess, practise and propagate religion .
The Supreme Court in Rev Stainislaus v. State of Madhya Pradesh (1977) examined whether the right to practice and propagate one’s religion also included the right to convert.
Judgement can be found here indiankanoon.org/doc/1308071/
Today we will do a Thread on the Nehru and the Hajj Committe Act of 1959 . (GemsOfNehru)
It is well known that the reconstruction of the Somnath Temple (like the current construction at Ram JanmaBhoomi) was carried out as a private venture through an independent trust and did not involve sponsorship of the government which needed to uphold it's secular character .
What might not be so well known is that Nehru felt that the state needed to be secular only when it came to Hindus and hence had no problem in ensuring the passage of the Haj Committee Act in 1959
The word "Basic Structure" is not mentioned in the constitution of India. The concept developed gradually as the courts intervened to prevent the Elected Governments with an absolute majority from trampling on the fundamental rights guaranteed to the citizens by the constitution
The doctrine was the culmination of a series of judgements already written about in the thread linked above .
Today we will have a thread on Origins of Blasphemy laws in India which means we will read about 295A
After Muslims circulated a pamphlet called "Sita Ki Rasoi" depicting the Hindu goddess Sita as a prostitute
the AryaSamajis printed a book titled Rangeel Rasool .
After Muslims complaint, Rajpal was arrested but acquitted in April 1929 after a five-year trial because the existing law Section 153(A) did not cover insult to religion .
What it did cover was writing which caused enmity or hatred between different religious communities.
On May 27, 1953, EV Ramaswami Naicker smashed an idol of Lord Ganesha in public at the Town Hall maidan in Tiruchirappalli .
he had made a speech announcing his intention to do this before breaking the idol.
Veerabadran Chettiar, filed a case against Naicker under two laws.
The Sujato Bhadra vs State Of West Bengal was related to the ban on Taslima Nasreen's novel
Dwikhandita which was was the third volume of
Amar Meyebela written by the author;
The book was first banned in Bangladesh and then it was banned in WestBengal in 2003
by the Left Front Government fearing that book could incite communal discord .
The Courts lifted the Ban in 2005 via the judgement mentioned above .
Time seems to be appropriate to do a thread on Blasphemy laws so let's start with the Calcutta Quran petition as it is the most famous example of the laws being used by Hindus even though there are other cases also .
Sujato Bhadra vs. State of West Bengal from 2005 and S Veerabadran Chettiar vs EV Ramaswami Naicker and Ors from 1958 are among the others .
Relevant Sections include Section 95 which allows governments to search and forfeit anything which is liable to hurt sentiments of the people .
Thanks to @Biorahul and @LogicalHindu_ I am writing this thread from the book Memories of a Lacerated Heart (1971): A War Memoir (From East Pakistan to Bangladesh) . This book gives us an insight into the mind of Pakistani army officer who witnessed the events of 1971 firsthand
"We had some shovels in our jeep and with passion and vigor I began attacking the idols with the Subaydar Sahib. As we were breaking the idols I felt deeply satisfied"
"I was experiencing a spiritual calmness simply by demolishing the gods of those people who were the real instigators of the current situation in my country"
Today will do a thread on the 93rd amendment and how it made Hindus second class citizens in their own country
We will start in the year 2002 when the 11-judge Supreme court bench delivered its verdict in the TMA Pai Foundation case.
The most important part of the judgement was this
"Private education institutes established by minorities and non-minorities were held to be on equal footing. Hindus could enjoy the exact same rights under Art 19-1(g) that the minorities did under Art 29/30."
Today we will read a thread on governance during the first 3 years of India gaining Independence .
Far from being a colonial era law , sedition is an outcome of the first amendment of the Constitution, and the Nehru government’s desire to clamp down on critics, unencumbered by constitutional obligations .It was a truly ‘deliberate and strategic assault on the constitution
2 Years back the PM accused former PM Rajiv Gandhi of taking a vacation on INS Viraat. It would be appear that Nehru started the tradition by complaining that his peaceful holiday at sea onboard the INS Delhi had been disturbed when Dr John Matthai resigned from the cabinet.
Here we see the government of the day expressing surprise at Chinese incursions in Indian territory 5 years after it happened and expressing regret that the Chinese didn’t take prior permission from the Indians before the infiltration
I am reminded of this famous meme. Thankfully we no longer behave like this with either Paxtan or China
Today we learn about the largest volcanic eruption in the past 28 million years.
The explosion of the Mount Toba supervolcano, located on the modern island of Sumatra, some 74,000 years ago, deposited an ash layer approximately 6 inches thick over the entire Indian subcontinent
Estimated 1,700 cubic-miles of rock erupted , forming a crater lake Toba Caldera and its lake (Danau Toba) visible even from space.
In 1998, anthropologist Stanley Ambrose made the connection between the reduced genetic variability found in modern humans and the Toba eruption . However, recent discoveries suggest otherwise.