About the Blog

This is my diary....what I make sense of, around me. You'll find short prose on contemporary topics that interest me. What can you expect - Best adjectives? …. hmm occasionally, tossed around flowery verbs ?…. Nope, haiku-like super-brevity? … I try to. Thanks for dropping by & hope to see you again

November 10, 2019

Deciphering the Ayodhya Dispute Verdict: Interesting legal points

The Supreme Court's Landmark Judgment: Key Takeaways


Yesterday the Hon. Supreme court delivered a land mark 1045 page verdict ending decades long acrimonious dispute on Ram Janmabhoomi and Babri Masjid issue. What i find particularly interesting is the fact that

  1. The court makes a distinction between the Structure (mosque) & the Land and goes with the logic that the title belongs to the land and Hindus had a better claim to it.
  2. It concluded that even though the mosque belonged to the Muslims it was not Sui Generis (it was built over another structure). It went by ASI report that the earlier structure was not a Islamic one but a Hindu like.
  3. The court found no evidence of Muslims having prayed there (at the disputed structure) between 1528 - 1856 whereas Hindus have been going there to pray
  4. It goes to the period before 1528 that is around the 12th Century when a temple was built here and takes into account the entire period upto date. In terms of length of occupation & extent of use, it concludes that Hindus have a better claim on it than Muslims

Implications for India's Religious Harmony and Legal Framework


The judgement also brings into focus the point made by a Supreme Court judge Mr Ganguly who said 'What would have been the outcome of the Supreme court had Babri Masjid not been demolished'?. What stops people from demolishing other disputed structures like Kashi Mathura, Gyanvapi mosque and then creating a fait accompli. The Supreme Court Judges have addressed this kind of scenario very succinctly

They invoke the places of Worship act of 1991 that was enacted under the Narasimha Rao regime when Advani was doing the rathyatra. This particular act provides status quo on all religious places as they existed during 1947 and provide necessary protection in their as is status. Section 4 of this act places the responsibility of the state government to preserve the religious character of all places of worship as they existed in 1947. Any of the court proceedings with respect to any of these places will cease to exist and be closed as per the current Ayodhya SC verdict. Supreme Court order makes an exception under section 5 of this act in respect of Ram Janmabhoomi/Babri Masjid issue as it was an ongoing case

In a visionary and smart move The court has further embedded the 1991Act in in the basic structure of the constitution so as to prevent reenactment or changes to the law. This protects the Act from any amendments in future. It quotes the Bommai Vs Union of India judgement and the definition of secularism in the basic structure of constitution to buttress this move.
A picture i took earlier this week brought this whole issue to fruition in my mind

Ayodhya court verdict


This was at S.J Industries (a Tiles showroom) at Honaga Industrial Area in Belgaum (Karnataka, India). 

All our Gods seem inherently at peace with each other here, they occupy the same rack before being picked up by customers to various places of worship. A 786 inscribed tile sits next to that of Sri Hanuman ji. Apparently there is nobody disputing it!

Unpacking the Historical Context of the Ayodhya Dispute


The Ayodhya verdict, delivered by a five-judge bench of India's Supreme Court led by Chief Justice Ranjan Gogoi, brought an end to a centuries-old dispute over a 2.77-acre plot in Ayodhya, Uttar Pradesh. This land, claimed by both Hindus and Muslims, has been a focal point of religious, legal, and historical debates.

Originally addressed in a trial court, the case escalated to the Allahabad High Court, which controversially divided the land equally among three parties: Ram Lalla (the idol representing infant Lord Rama), Nirmohi Akhara (a Hindu religious group), and the Sunni Waqf Board (a Muslim organization). The High Court's decision, based partly on archaeological evidence suggesting a Hindu temple beneath the Babri Mosque, was challenged in the Supreme Court.

From August to October 2019, the Supreme Court conducted 40 days of consecutive hearings, marked by intense debates and attempts at mediation. This period became the second-longest hearing in Indian legal history, following the landmark Keshvananda Bharti case.

On November 9, 2019, the Supreme Court unanimously ruled that the entire disputed land should be given to a trust for the construction of a Ram temple. The judgment clarified that Ram Lalla was a juristic person, but the land itself, Ram Janma Bhoomi, was not. The court found that the Babri Masjid was not built on vacant land and acknowledged the Hindu belief that Lord Ram was born at the site. However, it emphasized that land titles cannot be decided solely on faith. The Sunni Waqf Board was denied adverse possession claims but was granted an alternative 5-acre site to build a mosque.

The verdict, spanning 1045 pages, was significant for not revealing the individual authorship of the judges, including a separate but concurring opinion on whether the disputed structure was Lord Ram's birthplace. The decision also dismissed a related claim by the Shia Waqf Board.

In essence, the Supreme Court's judgment attempted to balance historical, religious, and legal aspects of the dispute, marking a pivotal moment in India's history of secularism and religious freedom.



Ayodhya temple dispute and legal verdict



The Ayodhya Legal Verdict - Deconstructing the main Legal Points 

The Ayodhya Verdict deconstructed into its main legal points is complex, involving numerous legal principles and precedents. Here's a simplified overview:
  1. Acquisition of Certain Area at Ayodhya Act 1993: The court ruled that Hindus have a possessory title to the outer courtyard of the disputed site due to long and unimpeded worship. The Central Government was directed to form a trust or similar body to manage the land.
  2. Juristic Personhood of Deities: The idol of Rama Lalla (Infant Lord Rama) is considered a juristic person, meaning it has legal standing. However, the site itself, Ram Janmbhoomi, is not a juristic person.
  3. Shebait (Caretaker) Rights: The court addressed the rights and responsibilities of a de facto shebait, someone who acts as a caretaker for a deity. Nirmohi Akhara, a religious group, was not recognized as the shebait for the inner courtyard.
  4. Limitation Act and Article 142: The court discussed the concept of dispossession and its legal implications. Nirmohi Akhara's suit was deemed not maintainable under Article 142 due to issues with the timing of their claim.
  5. Continuing Wrong under Limitation Act: The court distinguished between the source and effect of a legal injury, ruling that ongoing effects of an injury do not constitute a continuing wrong.
  6. Declaration of Title: The court held that a formal request for possession is not required when seeking a declaration of title over a property.
  7. Criminal Procedure Code-Section 145: Proceedings under this section do not determine the title or possession rights of disputed land.
  8. Mosque Validity under Islamic Law: The court refused to interpret religious doctrine, focusing instead on the faith and belief of worshippers.
  9. Places of Worship Act 1991: The court upheld the Act, emphasizing its role in maintaining secular values in India.
  10. Juristic Personality: Legal personality is distinct from human nature and is recognized by the law for entities like idols.
  11. Section 13 of the CPC 1882-Resjudicata: The court applied principles of res judicata, ruling that previous judgments on similar issues are binding.
  12. Evidence Act-Expert Evidence: The court evaluated the Archaeological Survey of India's report, emphasizing that expert opinion must be carefully considered but is not conclusive.
  13. Evidence Act-Section 81: The genuineness of official government documents was presumed under this section.
  14. The Limitation Act 1908-Article 47: This provision was deemed inapplicable in this case due to the absence of an order regarding possession under Section 145.
  15. Legal Consequences of Past Regimes: The court stated that it cannot enforce rights or remedies for actions or injuries under previous sovereigns without their recognition.
  16. Article 142 of the Constitution: The court discussed its power to apply principles of justice, equity, and good conscience in cases where the law is silent.
  17. 'Complete Justice' Concept: The court emphasized its role in achieving equitable and just outcomes, even when the law is not explicit.
  18. Adverse Possession: The court discussed the criteria for claiming adverse possession, notably peaceful, open, and continuous possession.
  19. Doctrine of the Lost Grant: The court explained this doctrine, which presumes a valid grant in cases of long, uninterrupted, and peaceful enjoyment of a right.
  20. Evidence Act Section 110: This section covers the presumption of title based on possession.
  21. Final Holding: The court found the High Court's three-way land division legally unsustainable. It directed the central government to form a trust to manage the land, hand over a suitable plot for mosque construction to the Sunni Waqf Board, and ensure the right to worship at the disputed site.

April 16, 2019

Tiger woods what a Comeback

Tiger woods golf champion comeback

Tiger Woods winning the Golf masters in 2019 is probably at the top of the greatest sporting come back in history. Why?
  1. He came back to win a world title after more than 10 years! This is unprecedented for a 43 year old sportsman in any form of the game. Tiger woods had last won a major golf title (US open) in 2008
  2. He went through a series of mishaps and unfortunate personal events that could have shattered the will & resolve of any person. But it didnt, sample this; after winning the US open in 2008 he went through a highly publicized extra marital affairs with several women, suffered a divorce in 2010, arrested for DUI i.e., driving under the influence of intoxicants, crippling health issues which made him undergo several surgeries
  3. Just 2 years before this golf crown, Tiger woods was not even able to hit a 60 yard shot. He underwent a spinal fusion surgery which meant his spine went through a welding process. He couldn't barely walk, sit, lay down or do anything physical.
And that's when everyone wrote him off before the Master's 2019

March 20, 2019

China's Veto on Maulana Masood Azhar: Unmasking the Geopolitical Game

China's recent decision to block the proposal to designate JEM chief Maulana Masood Azhar as a terrorist at the UN Security Council has sent shockwaves across the international community. It stands as the lone dissenting voice among the 14 other countries that supported this crucial move. While China has couched its veto in technical terms, the underlying reality is deeply concerning.

Here are some key insights into China's motives:

  1. Backing Pakistan at Any Cost: China's unwavering support for its all-weather ally, Pakistan, is evident. Pakistan's association with terrorism as a state policy in India is well-documented, and China's stance appears to prioritize this alliance over global efforts to combat terrorism.
  2. Leverage on CPEC & OBOR: China may be using this move as a bargaining chip in its negotiations with India regarding the China-Pakistan Economic Corridor (CPEC) and the One Belt, One Road (OBOR) initiative. India has expressed concerns over these projects, and China's veto could be a way to exert pressure.
  3. Undermining India's Diplomatic Success: India had garnered significant international support following the Pulwama attack to pressurize Pakistan. China's action seems calculated to dent India's diplomatic achievements and weaken its position on this critical issue.

In response to China's political maneuver, Indians have the option to employ an economic tool. We can collectively oppose Chinese business interests in India, regardless of their size relative to our overall trade volume. This could involve boycotting Chinese products and companies, even in cases where they dominate the Indian market. For example, we can reconsider our patronage of Chinese mobile handset makers who profit immensely in one of the world's largest markets. Additionally, we can opt for alternatives to the plethora of cheap Chinese goods flooding our markets, from fireworks to toys.


Taking a stand against such practices requires sacrifice, both for individuals and businesses. As a personal example, I have already taken the initial step by refusing to list our business offerings (B2B and B2C) on Alibaba.com, despite the significant exposure and international transactions it could generate. While profit is important, the nation's interests must take precedence.

The question I pose to you is simple: Where do you stand on this issue, and are you willing to make similar sacrifices to protect our national interests?

"Why Chinese Goods Are Not Welcome in India: Unveiling the Consequences"



China India relations snapshot

February 24, 2019

Qayamat se Tomato Tak: A Spicy Saga of Neighbors

A Tale of Two Neighbors: Tomatoes, Tensions, and Homeopathy


I don’t really know how to start this because, well, the air between India and Pakistan is tense right now- like the awkward silence in an elevator after someone accidentally lets out a squeak. And let’s face it, every message, no matter how innocent, can be twisted out of shape by manipulative media (you know who you are). Unpleasant messages are flying around like mosquitoes in monsoon.

But let’s zoom out for a second. No matter how many tantrums we throw, or how many trade bans happen, we’re connected - whether we like it or not. We’re like the classic duo, Vikram and Betal. Except, on the map, Pakistan doesn’t look like a friend hanging onto India’s back for a piggyback ride. Nope, it’s more like a “historical baggage of burden,” a Betal whose riddles are way harder than the ones in folklore.

Tomatoes and Tensions


Let’s talk about trade. Apparently, one of the first casualties of our disagreements is... vegetables. Specifically, tomatoes. Pakistan’s been feeling the sting of the tomato ban. And while that’s a spicy problem on their end, it’s just a slice of the larger story.

Take my e-commerce business, for example. Despite all this tension, we have a surprising number of customers from Pakistan. They visit our website, place orders, and—this is the kicker—leave kind reviews on social media! Yes, our Facebook page is graced by heartfelt messages from across the border.

Pakistani review on Indian business

And the cherry on top? Many expatriate Pakistanis in the UK, US, and Europe are loyal customers too. They love homeopathy - maybe even more than we Indians do. It’s humbling to see how similar we are, health issues and all. We sneeze the same, complain the same, and yes, love alternative medicine the same way.

A Cricket Legend’s Toughest Test


Let’s pivot to Imran Khan. The man was a genius on the cricket field, wasn’t he? He whipped a chaotic, fiery team into world champions. If cricket were a Bollywood movie, Imran Khan would’ve been its ultimate hero. But now, he’s on a much tougher pitch.

This time, his opponent isn’t a rival team - it’s the Pakistan army. And trust me, their bouncers are nastier than anything he faced at the crease. The army’s whole shtick of anti-India rhetoric gives them their power. They’re like that one toxic relative who thrives on keeping the family divided.

Imran’s task? He’s got to tackle the terror factory (yep, that’s a thing), move his country toward actual democracy, and free it from the army’s grip. If he pulls this off, he won’t just be a hero for Pakistan. Indians might just start building temples in his honor.

Hope for a Better Future


So here’s the thing: no matter what’s happening at the political level, the people-to-people connection remains strong. It’s clear from our customers, followers, and social interactions. We’re not so different after all.

I truly hope the situation improves - for both sides. Whether it’s tomatoes, trade, or just everyday interactions, life’s better when we’re not acting like estranged siblings fighting over the family heirloom.

For now, here’s to hoping the next chapter between Vikram and Betal is a little less dramatic and a lot more heartwarming.

February 16, 2019

Pulwama attack, vikram aur betaal story in Geopolitics

vikram aur betaal story in Geopolitics



"History's Haunting Riddles: The India-Pakistan Saga Through the Lens of 'Betaal Pachisi'"


Once upon a time, not in a land far, far away, but rather on the soil we tread today, the tale of India and Pakistan's history began to unfold—a narrative so cyclical it could give the ancient tale of 'Betaal Pachisi' a run for its money. This 11th-century saga penned by the Kashmiri poet Somdev Bhatt seems less like a relic of the past and more like a mirror reflecting the endless loop of the subcontinent's post-independence escapades.

Let's rewind some 2500 years, with a twist, and see if this old yarn sounds familiar. Imagine, if you will, the great King Vikramaditya of Ujjain, a figure of valor and wisdom, embarking on a quest that mirrors the trials and tribulations of modern-day India, or Bharat, as we fondly know it.

King Vikram (our newly independent India) is tasked with fetching a peculiar corpse (the painful partition) that's swinging from the gnarled branches of a Banyan tree (the British Raj) in the eerie silence of a graveyard. This is no ordinary corpse; it's possessed by Betaal (a radical ideology where religion intertwines with the state's craft), a cunning vampire spirit that loves to throw a wrench in the works.

The tantric (think of our historical leaders, some of whom are revered as untouchable 'holy cows'), yearning for power, covets Betaal for his own gains. But it's Vikram, burdened with the heavy lifting, who must untangle the corpse from the tree. Yet, every time he thinks he's got a grip on it, Betaal slips away like a slippery eel.

Each attempt by Vikram to subdue Betaal (akin to the numerous wars, treaties, and diplomatic dances) is met with a story (the ever-present issue of Kashmir) that ends with a riddle, only for Betaal to vanish into thin air. And so, Bharat finds itself in a perpetual state of déjà vu, destined to grapple with this Betaal, listening to a new tale (a terrorist act, perhaps) with each encounter.

It's a historical game of cat and mouse, where every chase leads to a story, every story ends with a conundrum, and the cycle repeats—ad infinitum. The India-Pakistan chronicle, much like the haunting escapades of 'Betaal Pachisi,' is a story of pursuit, of unresolved riddles, and of spirits (or ideologies) that refuse to stay put.

So, dear readers, as we turn the pages of this living history book, we can't help but wonder: Will there ever be a riddle that doesn't lead to another? Will King Vikram—our Bharat—ever truly tame the elusive Betaal? Only time will tell, but for now, the stories continue, the riddles abound, and the chase is as relentless as ever. Strap in, for history is not just a tale of what's been; it's an ongoing saga of what's to come.

January 25, 2019

From Pyar Ka Karz to Juice Anar Ka: India’s Everyday Drama

India’s Quirky Everyday Canvas


India, my friends, is a land where the ordinary becomes extraordinary with just a dash of desi masala. And nowhere is this more evident than in our art, signage, and packaging. Whether it’s a hand-painted truck or a box of matchsticks, we have a unique flair for turning even the mundane into masterpieces of eccentricity.

Take a closer look at the "Blow Horn" aesthetic - what would otherwise be a boring warning on a vehicle transforms into a declaration of life itself. It's almost as if the truck is saying, "Bro, if you wanna survive this highway madness, blow that horn like it’s the last thing you’ll ever do." And then there’s the iconic rickshaw art, where a cow rides shotgun in full Bollywood glory, because, well, why not?

Then we have the matchbox covers. Who else but us Indians could take a simple utility product and turn it into a kaleidoscope of drama? From the ever-glamorous Juhi as Neelam, who stares at you as if she’s got a matchstick-sized secret, to "Rajkumari", whose piercing gaze feels like she’s judging you for lighting your stove too late in the evening. Every matchbox cover looks like it belongs in an indie film festival.

And how can we forget “Pyar Ka Karz” typography. At first glance, it feels like a heartfelt confession from a struggling poet - bold, dramatic, and unapologetically emotional. But wait, did you know it pays homage to the Waheeda Rehman classic film poster “Pyar Ka Karz”? Yes, that’s right! Only in India can a simple design evoke both nostalgia for timeless Bollywood romances and existential musings… on a box of crackers, no less. Because here, even your snacks can carry the weight of poetic angst.

Then comes the pièce de résistance:  “Juice Anar Ka.” Picture this: in the West, juice boxes are minimalistic, with clean fonts and pastel colors, whispering, “Drink me, I’m healthy.” But here in India? Juice signage is not just advertising; it’s a sensory overload - a full-blown carnival for your eyes. Commonly found on pushcarts selling freshly squeezed juices, “Juice Anar Ka” boards scream at you in every shade imaginable. Fonts clash, colors collide, and a random fruit might pop out of nowhere. But you know what? That’s the charm. It’s not just juice; it’s an experience, an event, and sometimes, a loud reminder that life’s too short for muted palettes.

This quirky charm is what makes India, well, India. We don’t just design products or signs; we craft stories, evoke emotions, and sometimes confuse the heck out of everyone. But hey, who needs subtlety when you have art that shouts louder than a Mumbai traffic jam?

This quirky soul of India is what makes it so unique. Every matchbox, juice cart, and truck carries a little piece of art, a little bit of personality, and a whole lot of charm. So, the next time you pass by a juice stall or pick up a box of Rajkumari matches, take a moment to appreciate the delightful eccentricity that defines our everyday lives.

After all, in India, life isn’t just lived - it’s performed in full technicolor glory
 

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