Friday, March 21, 2008

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.