bombay lites

The attacks in bombay have set the debate about the weave and texture of the social fabric of this country in motion.one of the victims was a gentleman whose entire family fell to the careless act.he professed islam.the others were as varied as we in genuineness believe.while the muslim league may have abstained from the constituent assembly debates and the inclusion of the word secular in the preamble in only the later years;the responsibility on us is even greater towards restoring the unity of thought and it ever gets so with every such fanatical act in the name of jehad and islam.a plea thus stands for realisation of the divine truth and that each one of us exists to respect that which is beyond us and for submission in all humility to that divine force which says purify yourself and i shall flow through you as you have been for eons through me.the grace lies there.

Exhaling To Inhale

Motionless it lay

Mordant in state

Softly whispering in those ceaseless moments

Samarpan to thee

seeking lost lives

The bliss was yet to be conquered,the soul tearfully to be bid adeau;
it was the order of the monks,reigning supreme over the almighty within;
godliness was the word,and divinity the substance;
to be searched within,it alas lay scattered on rugs;
to be yet stroked for the footprints,of the omnipresent,that without and within.

Bridging The Cultural Divide

The MNS or Maharashtra Navnirman Sena merely resonated the opinionated choice of its populace;of living in isolation with a famed touch of hatred and enemity.Repurcussions elsewhere being dealt with an iron fist,reactions however resurfaced the ugly face of orientation, further fuelling hatred and increasing the divide.The nation acknowledging the orientation of the sect of a state which has refused to uphold constitutional propriety should only take rectificatory measures in due accordance while not burdening the remaining country with the contagious task of reforming those bred on ill will.Articles 355,356 and 365 read in their totality of enforceability in the present times witnessing economic slowdown and uncertainty,any further damage can only be so stalled and contained to drive miscreants and such a concensus home.

Bhopal & Beyond-PUBLIC INTEREST LITIGATION ,Supreme Court Of India.

The statistics are an aberration to quantify liabilities in nations afflicted by hunger, poverty, unemployment and governmental sanctified proof of their existences substantiating if ever there be any claims for their mysterious disappearances. If at all they do, then these are figures juggled by the most skillful of defendants to excuse themselves of their very liability to cough up the coffers and in situations of corporate abuse laced with the violators of a legal persona and the story mired in political filth and the stench of lackadaisical administrative non performance, the concoction proves even more lethal than the most quizzical yet boring judgment pronounced by any court of law. Imperative questions raised are nevertheless profound but for the lack of institution of any rights in even the simplest of common parlance makes merely a mockery of the entire process. It spells more so the pronouncements of a failed state. Hopefully, we would not be in contempt given our trust in the judiciary, the administration and the legislature failing not we assume that collectively they comprise the Union Of India. Bhopal has not remained an isolated case of corporate abuse anymore than of its greed of repeatedly throwing up greater figures to those already seeking ailment since the last two decades and more. Many have perished, more than that have permanent impairments and the rest are presumably groping with the idea of uncertainty between development and arrested development in the threshold of an idea which keeps one guessing the possibilities of getting repeatedly abused under the guise of compensation. Compensation that has been bargained as never before and sought to be returned too in like manner for having bridged the divide between commission and non commission of a crime. By the most skillful of lawyers, policy makers, organisations and Judges it has been hounded supposedly to the minutest of details and in any other developing or developed nation, it would have been catastrophic for the bourses.A crime of such a magnitude deserves not reasoning but action inspite of everything gone horribly wrong the night of 2 nd and 3rd December 1984 and of course beyond remains irreversible. The manifestations of the night sealed the fate of the victims and accounted for greater responsibility on the part of the State as the guardian of the rights of its effected populace in the grandeur definition of a social welfare state and hence its representation as parens patriae for the hapless souls in the United States District Court, S.District of New York seeking a claim of 3.3 billion dollars instantly after the incident. The objection by Union Carbide Corporation of forum non-conveniens was acceded to be Judge Keenan. Law Suit thrown out of the U.S Court, recourse lay only in filing a claim before the District Court at Bhopal by the Union Of India .The order for Rupees 350 crores as interim compensation was fiercely contested by Union Carbide India Limited to be reduced to Rupees 250 crores.Both parties interestingly enough went in appeals separately. Union Carbide Corporation’s stake in UCIL was 51% and not approximately 50 % as made to appear at several instances and further sold to McLeod Russell India Limited named Eveready Industries India later. Union Carbide’s presence in India had however been much before the Bhopal Plant selling whole lot of products and mostly batteries and a 100% subsidiary of Dow Chemicals, Transition Sub Inc. merging with UCC, Dow Chemicals as on date owns the Bhopal plant ; certainly its liabilities in as good a capacity as it inherited the assets. While strangely enough the permission of the court allows such plethora of transactions and sabotage ,more precisely possible sabotage as made out by the defendants have however been never proved. Willful negligence paramount, liability in tort becomes a very precarious position in accounting liability. Broadly enough, there are indisputably civil and criminal liability. If theoretically, civil offences were to as great a substitute that their redressal could override penal action, all woes in cash rich and even cash strapped worlds would be over and a precondition that agreeing into agreements in the nature of settlements towards compensation would absolve them of contesting any proceedings that may be brought against the offender at later stages and more importantly that those subsisting whether civil or criminal would be quashed and not even kept at abeyance, the rule of law and principles of natural justice would succumb at the altar of such grotesque juridical developments. The situation worsens when the exact magnitude of the loss cannot be calculated to calculate liability towards even payment of compensation.Moribidity factor of course subsisting, the element of manifestation in future victims accounts to a mind boggling scenario seeking expensive medical interventions, speciality medical aid, rehabilitation on all possible fronts and most importantly, the continuity of aid more so in the scenario of newly appointed successors of the ghastly plant read UCIL. Their inheritance is not merely to the plant or even say tank 610 but the environmental aspect that supports life and complements humanitarian aid and most importantly their liabilities under international tort law with principles of precation, precautionary principle and polluter pays principle laid down in very clear terms towards due adherence by the Honourable Supreme Court presently monitoring the various remedial aspects of the tragedy. The case against union carbide in its various forms is far from over and piercing the corporate veil would be the least of the urgencies notwithstanding the very revision by the court of the decision and modality of permitting the sale with the matter sub judice and in the absence of any sort of finality in the conclusiveness of proceedings. Phosgene gas in reaction with monomethylamine produced methyl isocyanate and methyl isocyanate made to react with alpha napthol produces the insecticide Sevin or MIC-Methyl Isocyanate which if it comes in contact with droplets of water or ounces of metal dust releases a fatal gas into the atmosphere. It was to be therefore kept under near zero temperature. Under influence of heat, it broke down into several molecules including hydrocyanide acid whose antidote sodium thiosulphate was never disclosed asmuch as its effect under situations of extreme temperature ,more so heat. The plant was to be equipped with decontamination apparatus and flares to neutralize or burn it in case of accidental leakage while one of the primary safety regulations prohibited the storage of phosgene when not in production though ascertainment of phosgene and monomethaylamine were the prerequisites of the preparation of MIC unlike the practice in its U.S plant. The technical knowledges patented in the U.S have been later sold to corporations including Reliance though Indian Oil revoked the contract at a later stage. The compensation amounts stated to have been meted out in the official site are as per figures reached during the settlement stage pronounced to be such. As on 1989/90, the figures furnished were 155203 towards no injury out of a total of 361966 medical folders prepared and 358712 of these evaluated. Temporary disability on account of permanent injury at 1313 ,Permanent total disability pegged at 40 and deaths to be at the exact figure of 3824 seems quite unacceptable and is far from the actual figures inspite of the court having made provisions for latent manifestation under the law of toxic tort. The amounts realized interestingly enough for the compensations claimed would have to be weighted against proceeds. An escrow account would have to be in its entirety till the pendency of litigation where liability importantly is being endeavored to be calculated and identified against the severest of civil and criminal offences involving culpable homicide. A conveyed position that in the midst of uncertainty where no charges have been filed by the trial court and extradition sought from the government of the American officials in charge of the companies affairs on that fateful night merely ridicules the position of the State in trying to emerge as the upholder of the basic fundamental rights of its citizenry. While the ministry of chemical and fertilizers in 2005 filed an application in the High Court of M.P to direct Dow Chemicals to pay an advance of rupees 100 crores as part of the polluter pays principle and the Prime Minister promises a delegation to be dishonoured later that action against Dow Chemicals would be intiated,Dow Chemicals seeking to be absolved of their legal liability and consenting towards clean up of the plant and its immediate surroundings; there is little that has been even endeavored to be achieved. As per ICMR figures, there were 23000 dead and 7000 to 10000 killed within 72 hours of the toxic release and 40 tonnes of MIC and other gases released as per the corporation’s own figures. The Walk From Bhopal for the second time for the 50 odd protestors having been of little consequence to seek an audience with the Prime Minister some of them suffering from ailments themselves though of sufficient ability aided by the perseverance to fructify their endless struggle till date, the courts however for their part could rise to the occasion. The Indian mindset has been reared on the mindset of seeking judicial interventions and the very courts that have settled issues with their variance of agreements and disagreements, a larger constitutional bench certainly should not be in conflict or be disrespectful to the earlier judgments of the honourable apex court. Admittedly it is seeking more than the courts themselves would ever seek but empathy arising out of the present dire situation when all hope has been lost and little achieved so far, alleviation of suffering of a people who have not had much recourse from the very beginning, a judicial intervention in the modality of appropriate adjudication certainly should not be an impossible feat more so for the demands yet to be satiated and those born after those initial dreadful years.While the present write up finds its way to the Honourable Supreme Court for redressal and there has been a leakage of Chlorine gas at the Tata Motors plant at Jamshedpur and a Chlorine infection unlike its well acquainted term has little to its aid in the form of some antidote,innumerable people have been admitted to the hospitals.Strangely enough released the same day, a visit four days later, the air was still pungent and a vomit on the way back with a sore throat a remembrance for the day, theres an air of uncertainty of how corporate India even after two decades and more since the Bhopal tragedy and all these years since India’s independence reacts.Incidentally it was Ratan Tata himself who as head of the Indo-U.S Forum has publicly made it well known in the corridors of power that be that Dow Chemicals should be absolved of the civil and criminal liabilities.Those however in the United States Of America are more responsible and in the corporate history of the U.S no mishap or sabotage however one might quote it to be to suit ones interests, has been taken down lying.The offenders have been certainly taken to task and propaganda in whichever disguise for ones own subservient interest banned by a nation which has instilled its trust in God even it were to seem that for some,He were to only reside there. THE PRESENT WRITE UP IS MOST HUMBLY SOUGHT TO BE TREATED AS A PUBLIC INTEREST LITIGATION BY THE HONOURABLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE SUPREME COURT OF INDIA. THE PROTESTORS AT JANTAR MANTAR SINCE THE LAST 100 DAYS AND MORE ARE MERELY AN INSIGHT INTO THE NIGHT THAT UNFOLDED IN 1984 AND THAT WHICH THEY HAVE ENDURED SINCE 1984.THEY ARE SEEKING AN AUDIENCE WITH THE PRIME MINISTER AND HAVE TABLED THEIR DEMANDS.THE ONLY RESPONSE THEY HAVE RECEIVED SO FAR IS DESPAIR AND DENIAL.THE GROUP OF MINISTERS ,A COMMISSION AND A LEGISLATION BESIDES THE BARE NECESSITIES OF WATER AND A SIMPLEST OF ALL LIVELYHOOD IS STILL A FAR CRY AWAY WHILE THE FINAL FIGURES WHICH EVERY NEW BIRTH OF A DEFORMED CHILD THROWS UP IS BECOMING COLLOSAL BY THE DAY.LEGAL ACTION AGAINST DOW AND UNION CARBIDE STRANGE AS IT MAY SOUND AFTER ALL THESE YEARS STILL REMAINS OUR FOREMOST DEMAND. Post the afore-submission,mentioned briefly in the covering letter to The Hon'ble Chief Justice Of India,protestors and survivors including children and women were mercilessly beaten up by the police.the women strip searched,children as young as six years old have been bruised,physically assaulted and the ratio of twenty policemen to an individual in striking the blows occurring,they have been further sent to Tihar Jail on judicial custody.Bail provisions on grounds of morality have purposly not been availed of and living conditions of the protestors and survivors are as abysmal as they can ever get.A section of congressmen and parliamentarians in the U.S and U.K have however written to Manmohan Singh expressing their anguish at such developments in a nation which is aspiring to be amongst the developed world.

wayfarer

drizzle of the season; the cry of the howler

break open the skies; in the torrid face of civilization

stares go stark in the naked morning; when all things thirsty

split wide open; another beginning

another life; for us all to still hang on

and observe the stillness; of the brewing mind.

Fine Arts

The artist as a medium complements our natural behaviour and nature's boutiful ways of expressing itself in the innate behaviour of the existence of the universality of beings.matter as it exists is a riddle itself which is yet to be solved.while science concretises assumptions, observance furthers the need and purpose for existence.our universe as it exsts in the sum total of forces that beckon the sun from setting and moon rising, the mysteries are offered for man to understand from time immemorial.while fine arts in its multitude of forms which dictated alongside the schools of art, their form of expression the reflection of man's innate nature from depicting scenic beauty to the commissioning of works, from being a substitute for the technological capturing of moments to filling canvasses with the perceived objects;life in the real art unfolded itself.it served the purpose of the day, the creator and ultimately the creation.celluloid depictions for what dreams may come is only the beginning of the possibility of recreating the notions between black and white and lust for life endevours to hammer the last nail in the coffin of time.McLean recreates the being, Vincent goes under the hammer and i for one relive the former thriough the eyes of the latter.behold the beauty that mesmerises man,behold the hand that recreates beauty and behold the force that flows through the spirit of the artist to reveal itself.time surpasses ages and ages transcend to beautify our innerselves where time stands still and spring is everywhere.

time passages

the night passes by, i know not why;
the sun shines yet , and evening sets cry;
aloud for you, and quitely for me;
your land of silence, and mine of shame;
rise up again, for i know now why;
thats uprising for you, and alas you sigh;
love at the threshold,love at the maze;
love for the creature, who bore us well;
into the night, and out of the day;
where the sun sets yet and night crawls by;
though this i do not know why;
the path you tread, the prints you leave;
leave me perplexed, into the soaring sky;
where wings beat faster, and my heart could die;
for in your realm of the subtle might, i utter a silent cry;
for glory and god, you shine my love;
for eternity and ever,in that silent night;
the dove sails by,where even you could never really say why.

VICTIMS OF A CIVILIZATION

IN CASE WE ARE MISSING THE POINT,HERES WHERE THE END BEGINS.

carbon black

smoke a little ,dream a little and walk a little for you.
to gather the dust and collect the remains of a day not long lost.
mates for the soul and voices of the protest are too sublime this day.
dark eyes meeting deaf ears in the voidness of their soul.
and ugly treads trample nimble fingers and hands.
fateless brothers,fearless sisters,stoic mothers and helpless fathers.
they are friends from a past who seem too many.

revelation

ink on paper.the wildest for starters.

whereelse

rasta baby to chai shop.the workz.home for the homeless and buds for the soul.for eternity and ever.came across at mountkailash.catch the spider to know more.

lotuspond

where the roots are free.

another day

met up with the protestors again and had my fair share of the street crassness.the language of the ordinary bugger and a regular cop devoid of any manners ,all that would befall this nation is prescription and conscription.while a section demands another state ,tibetans a word i detest using these days but for their incessant chanting of the word china,how much i missed myself as the humbling with every visit grows.educated and successful souls.never met so many on so few days.only things missing were my tshirt which says fashion club united kingdom work and fidelz on the show. manmohan from am to pm had still not budged while rahul and mama mia had yet to steal the show.the lunatics at the houses of the bourse ofcourse had another field day. May the universal spirit save us all.

union carbide and its remnants

The day could never have offered more.accosted protestors and victims of the bhopal gas tragedy,people who have suffered endlessly for the sins of a business and the conduct of the agencies gone horribly wrong at the altar of the commissions.the living dead speak but through their wombs which bear the scars of the night or those being still inflicted by the callousness of our nation.the absence of a mechanism for even according fair liability haunts these streets but for the presence of the ailing protestors only seeking their due in the circle of life.the courts have fallen silent , the government utters none and some of that night are buried too deep underneath to even whisper a sqeak. THE PROTESTORS HAVE WALKED ALL THE WAY FROM BHOPAL TO DELHI SEEKING THEIR LONG AWAITED DUE TO EXIST AS WE DO.THE GOVT. OF THE DAY AND THOSE BEFORE HAVE HAD LITTLE TO SAY.they are parked on the pavement at Jantar Mantar and for greater insight into the night that unfolded certainly do visit http://www.bhopal.net/ and meet them first hand as i did.together we play,the song of change.

triyambakam

seasons greetings

summer to bury me into the night,winter chills my ageing bones,autumn caresses my new being and spring rejoices the ephemeral soul,in the bottom of thy hearts.

the return

lest we speak the immoral truth,lest our souls be overburdened,lest inhabitants all go awry,may we express ourselves,in the creation of birth and religion of mankind,may we all be born again.

tricolour-the indian national flag

The kind and urgent intervention of the Honorable Chief Justice Of India and His Companion Judges is most humbly sought towards upholding the sanctity of the Indian National Flag. The Indian National Congress of 1885 founded by AO Hume and succeeded later by us Indians in the struggle for democracy, the flag represented in tri-colour represented the movement of the masses. Orange for Hinduism, green for Islam and white preaching unity and peace, the charkha pleaded for self sufficiency.Md. Ali jinnah prior to the establishment of the Muslim League was asmuch a constituent of the INC.Its adoption however as the National Flag on 22nd July 1947 was the result of the fruition of efforts of the ad-hoc committee comprised of leaders as Abdul Kalam Azad, Dr.B.R.Ambedkar, Dr.Rajendra Prasad and the others entrusted with the task of designing the national flag. Motion passed in the Constituent Assembly Of India, post declaration, the tri-colour was adopted. Explained by Dr. S. Radhakrishnan, bhagwa or saffron symbolized renunciation of disinterestedness, white; light, the path of truth to guide our conduct and green as the soil, the plant life on which all life depends. The Ashoka wheel or the wheel of Dharma replaced the charkha and the National Flag accordingly accorded the nation’s spirit. The INC witnessing a split post 1967 with the leadership challenged by the majority, late Indira Gandhi launched a separate congress named Congress (R), the original INC merging with the Janata Party. The Congress (R) christened Congress (I) pursuant to order passed by the Election Commission still used the tri-colour with the insertion of a hand as its official flag. It is an almost replica of the National Flag and undermines not only the nation’s identity but mocks our institutions, the populace, its aspirations and our laws. The Prevention Of Insults To National Honour Act 1971 in explanation 4, clearly stipulates disrespect to the Indian National Flag to mean and include putting any kind of inscription upon the Indian National Flag while in the Schedule of The Emblem And Names (Prevention Of Improper Use) Act 1950, The Indian National Flag , Any such insignia and The Dharma Chakra have been duly sanctified towards protection against misuse by vested interests. The corporatisation of politics, if not offices of profit should surely sound the death knell and pave our degeneration to the grave. The write up seeking treatment as public interest litigation, with the same evolved from its stage of infancy of Social Interest Litigation by the Honourable Justice Bhagwati who this Republic Day has been conferred the Padma Vibhushan, any the less would be a misnomer.
write-up filed in the honourable supreme court of india seeking treatment as a public interest litigation.

tibet, china and the holy land india

Bretton woods to the present day united nations since the league of nations,the ephemeral intent has been regulation pitched against private or municipal laws and public international law.the subjugation of interests in the demeaning provisions of developed,developing and under developed countries,permanent members of the international body though for want of formal resolutions have been in excess of the original purpose of the exertion of veto powers,nations nevertheless towards effective resolutions in the face of conflict have developed under the domain of international law,national policies in adherence of respecting treaties ,protocols and conventions at sub-regional ,regional and international levels.Atrocities against humans considered the worst forms of crimes that have witnessed trials at Nuremberg and the hague,genocide often has been mostly the inflictions of autocratic institutions and individuals who rode such anarchic institutional mechanisms.the Chinese story in present day china is a discreet reiteration.tianenmen square was the epitaph to the rise of a democratic nation fuelled by the inspirations of its populace that grows on the institution of education to inspire the next.the iron fist revealed not the internal security of the nation but the ugly dark belly of communism on the bedrock of an autocratic institution breaking the very foundation which brought it power through the voices in the fields.a land where external influences and agencies are banned,accession of foreign territory and control of these generates further violations.tibet is an isolated and discreet atrocity whose historical demography maps the generations of India.the sino India relations as a measure of regional growth and of our tenacity for international law obligations,the Chinese story is an aberration in the age of civilization.Myannmar ofcourse lending or borrowing credulity to and from such grevious offences,human rights as a founding principle to even survive cannot be an agenda of the united nations ,its agencies and the glorious members who accede to the dictate of its dragonish economy that makes a complete mockery of the obligations under the world trade organisation developed since its age of infancy of the general agreement on tariffs and trade.economies thrive not on the volumes of the domestic produce but more on respecting the others novelty and labour that have bestowed intellectual property and not forced and child labour which bring alongwith them the ills of a spew gone horribly wrong in the belly of the dragon and spilling onto its neighbours through tramples upon others territory and domain fuelling alongside enemity in the region.the Indian story of tolerance and obligation towards public international law as an attempt of its private international law practice that it would not interfere in the internal matters affecting other countries,constitutional safeguards however amongst similar civilised nations expects reciprocity and not further accession of territory as India,s arunachal Pradesh too in the north eastern part of the region and one of the frontier states rich in flora , fauna and ecological diversity getting plundered by Chinese aggression inflicted on the environment and its people.conferring diplomatic refuge to a people and race escaping Chinese atrocity from a region which belongs to them as much as it has to this country,invocation of treaties,conventions and protocols born out of Warsaw,geneva and war torn regions that fuelled the refugee problem during the world wars, a present day discreet violation though may only fall short of a rogue terrorist state as the erstwhile territory of India,being present day pakistan; perpetrators as the Chinese who only destabilise an already scarred region should realise the importance of international obligations.india for its historical past and the importance of Tibet in hindu mythology and the life of every hindu in present day India reveres the presence of the Tibetans on Indian soil.they are considered one as our own and the birth of Buddhism from Hinduism stands testimony to the accurate status of the land bearing mount kailasha considered the abode of lord shiva and his consort goddess parvati.from his dread locks flows the ganga ,pristine in its quality of cleansing all sins.such is and has been the faith of the hindus that has been revered since the ages.hinduism in its innate character bears the spirit and element of tolerance towards all faith and religion.using weapons on monks is not professed by hindu jurisprudence and religious emissaries in ancient India were granted unhindered access to kingdoms across.such has been the faith and present day international law merely seeks the instillation of this in places as china where state atrocities go un noticed and inspite of the age of satellite communication,no commissions regarding violations are ever instituted by bodies as the un human rights commission.amnesty international preparing reports of civil prisons of democratic institutions bear no relevance till human rights violations are prevented from being committed by the entire populace of the state in its present day atrocious form.existing alongside a fragile environment where causations can be irreparable,international law obligations are the least that should be fostered in the land of heun tsang and the dynasty of the mings.