Daily Sandesh prosecuted for cartoon on Mayavati

On coming 23 March, 2012 Mr. Falgun Patel, editor of one of the most circulated vernacular dailies of Gujarat will appear before Metropolitan Court no. 25 to furnish bail in a case filed against him for publishing a defamatory cartoon before 14 years (on 29 July, 1996) against Mayavati. The cartoonist Mr. Chakor is dead, but the controversy is alive. We are publishing the cartoon and the court order allowing revision application of applicant Mr. Valjibhai Patel in the year 2005.

THE CARTOON

Mulyam says, sale, chamar. Mayavati says, mulyam, sale rustic, learn what to speak, have little Knowledge of the law.

THE COURT

IN THE COURT OF ADDITIONAL SESSIONS JUDGE AT

AHMEDABAD CITY

CRIMINAL REVISION APPLICATION NO. 234 OF 2003

APPLICANT

Valjibhai Hiralal Patel, Age-65 Yrs, Religion-Hindu, Occupation-retired, Residing at,  236, Dr. Ambedkar Street, Near Futi Masjid, Dariapur, Ahmedabad.

                                  

 versus

       OPPONENTS

      (1) Falgun Chiman Patel, Editor, Sandesh Daily Newspaper,  Rentiyawadi, Pittaliya bamba, Ahmedabad  - 380 001.

       (2)  The State of Gujarat.

    Shri H. R. Solanki, learned advocate, for the applicant

Shri P. N. Patel, learned advocate, for the opponent No. 1.
 Shri M.C. Vaghela, learned APP for the opponent-State.

JUDGMENT

1.    The revision arises out of an order dated 7-8-2003 passed by the learned Metropolitan Magistrate, Court No. 18, which order had the effect of allowing ‘c’ summary to be filed in the proceedings arising out of a complaint filed by the present applicant involving alleged commission of offence punishable under Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Being aggrieved by such order, the present revision has come to be filed.

2.    The brief facts that are required to be narrated for the purpose of better understanding of the questions involved herein are required to be narrated as hereinafter follows:-

        It appears that the opponent No. 1 is the managing editor and publisher of daily newspaper Sandesh and it appears that an offending cartoon was published in the said newspaper dated 29-7-1996 which, according to the applicant, was intended to be offensive and detrimentally affect the sentiments of the persons belonging to the scheduled castes and the scheduled tribes, inasmuch as the cartoon portrays and projects the erstwhile chief minister of Uttar Pradesh Ms. Mayawati in a derogatory fashion and the present chief minister of Uttar Pradesh being Shri Mulayamsing Yadav is projected to be abusing the said Ms. Mayawati as belonging to the scheduled caste. It is submitted that the cartoon was intended to humiliate the persons belonging to the scheduled castes and therefore, a private complaint came to be filed by the applicant. It is submitted that an order under Section 156(3) Cr. P.C. was passed by the concerned learned Magistrate and investigation was carried out by a senior  police officer attached to Shahpur police station and it is submitted that in the circumstances, consequent to such investigation is carried out, the learned Magistrate thereafter surprisingly accepted the report filed by the IO that no offence appears to have been committed and the acceptance of ‘c’ summary is a clear fallacy on the part of the learned Magistrate.

(3)   Shri Solanki the learned advocate for the applicant submits that the impugned order is patently illegal and is required to be set aside. It is submitted that no reasons have ben provided by the learned Magistrate which would justify the passing of the impugned order. It is submitted that the learned Magistrate has obviously misinterpreted the judgment of the Apex Court referred to on page-9 of the impugned order and it is submitted that the cartoon itself which is offensive, inasmuch as the words ‘sale, chamar’ are clearly intended to be used in an abusing manner. It is submitted that this is a clear offence prima facie made out, to have been committed by the opponent No. 1 to have published such a cartoon in his newspaper and it is submitted that in the circumstances, the impugned order could not have been passed and it is urged that the revision, therefore, be allowed.

(4)  Opposing the present revision, Shri Patel, the learned advocate for the opponent No. 1, submits that the present revision is not required to be entertained, inasmuch as the present applicant has no locus to file the complaint in the first instance. It is submitted that in any case, a senior police officer holding the rank of deputy superintendent of police has investigated into the complaint upon specific order by the Court and having prima facie found that no offence having been committed, has recommended that the proceedings be brought to an end by filling the ‘c’ summary. It is submitted that it was not open for the present applicant to oppose such recommendation of the police officer and in any case, the learned Magistrate has rightly considered the report filed by the IO and has rightly come to the conclusion that no offence being made out, the proceedings were required to be brought to an end. It is submitted that in any case, the applicant cannot lodge the complaint since admittedly, the cartoon in question has projected and referred to only two persons, one being Shri Mulayamsing Yadav and the other being Ms. Mayawati, and if at all, the cartoon does make out even prima facie the commission of any offence, it cannot be open for the present applicant to lodge the complaint in the regard, It is, in fact, only the persons affected by the said cartoon, being the said Ms. Mayawati or Shri Mulayamsing Yadav, who could have any grievance with regard thereto. It is submitted that the applicant cannot, therefore, be heard to have any grievance in this regard and it is submitted that in the circumstances, there is nothing wrong, improper or illegal on the part of the learned Magistrate in having passed the impugned order and therefore, the same is not required to be interfered with and therefore, the revision rejected.

(5)   It needs to be noted that having considered the rival submissions and having called for the records and proceedings of the trial court, it appears that a large number or judgment have been pressed into reliance by both the complainant, meaning the present applicant, as also the opponent No. 1. The same, in my opinion, are not required to be referred to for the simple reason that I am of the opinion that this is a fit case in which the proceedings are required to be remanded to the Court of the learned Metropolitan Magistrate for reconsidering the report in its entirety. There is, in my opinion, from the cartoon sufficient prima facie evidence as would suggest commission of an offence which would offend the sentiments of the persons belonging to the scheduled castes and/or the scheduled tribes. The Kerala High Court in a judgment delivered in the case of Rosamma Thomas & Othrs. V/s Circle Inspector of Police, Tripunithara & Othrs. as reported in 1999 Cri. L.J. 1666 has clearly laid down a ration that an offence or intention to insult or humiliate a member of the schedule tribe in a public place prima facie would make out an offence committed under Section 3(1)(x) of the Atrocities Act and the questions as to whether mere calling by caste name is an offence, whether the accused had any intention or not cannot be gone into at an early stage and an FIR cannot be quashed at the threshold. I do not find much merit in the submissions of Shri Patel that the present applicant had no locus to filed the complaint and pursue the present revision. A bare reading of the provisions contained in Section 3 of the Atrocities Act, more particularly in Section 3(1) (x) of the said Act, would make it abundantly clear that what is contemplated is an offence committed by a person with an intention of publicly humiliating the persons belonging to the scheduled castes and the scheduled tribes. There is nothing, in my opinion, which would emerge from the said provisions which would even remotely prohibit or bar a person belonging to the scheduled caste from filling a complaint with regard to such public humiliation even if he is not directly affected by the same. In my opinion, it would be necessary to reproduce the provisions contained in Section 3(1)(x) of the Atrocities Act for a better understanding thereof, which run as thus :-

           3.   Punishments for offences of atrocities:-

           (1)  Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -

           (x) Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in ay place within public view:

      Shall be punishable with imprisonment for a term which shall not be less then six months but which may extend to five years and with fine.

      In my opinion, therefore, there is no merit in the submissions made by Shri Patel in this regard. Again, it would be incorrect and inappropriate to quash the FIR at the threshold which is exactly what the impugned order has had the effect of doing. In my opinion, therefore, the impugned order is required to be reconsidered and the parties are required to be given an opportunity of reagitating their respective versions and I, therefore, pass the following order :-

ORDER

       The revision is allowed. The impugned order dated 7/8/2003 is quashed and set aside. The proceedings are remanded to the Court of learned Metropolitan Magistrate, Court No. 18, with direction to reconsider the application moved by the IO attached to Shahpur police station and is only after considering the facts and circumstances in light of the provisions contained in Section 3(1)(x) of the Atrocities Act, that appropriate order be passed thereupon. The revision accordingly stands disposed of.

      Pronounced in the open Court today on this 31st day of January, 2005.

(P. B. Desai)

Additional Sessions Judge

                                       Court No. 6, Ahmedabad City

when templeton award was disgraced

WHEN TEMPLETON AWARD WAS DISGRACED

Templeton had done it, what a Simpleton would not have done! 

In the year 1996, Panduranga Vaijnath Athawale, a rabid communal, casteist, Chitpawan Brahaman was honored with Templeton award for the progress in religion.  Our dalit friends like Yogesh Varhade in USA wanted to know what exactly Panduranga’s ideology was. I translated some excerpts from Panduranga’s book ‘Sanskriti Chintan’ (संस्कृति चिंतन) and sent it under title ‘Vulture’s thoughts on culture.’

After 1981, Pandurang’s Swadhyay Parivar spread in Gujarat in a bid to woo Shudras (OBCs – other backward castes), Ati-Shudras (Dalits) and Tribals. Like Gandhi, he coined new, refined names for them, e.g. Sagarputra (सागरपुत्र) for fishermen, Devipujak for Vagharis, bhavbhukhya for Dalits. During 1981 to 1990, his caste Hindu followers (swadhyayis) used to visit Dalit Bastis. Panduranga, Morari bapu, Shree Shree Ravishankar played major role in the emergence of a right wing party in Gujarat.

‘Sanskriti Chintan’ (संस्कृति चिंतन) is a collection of his lectures given in workshop during 1958. The participants prepared the notes which were compiled and published. As, the speaker and the audience, both probably being non-Guajarati, the language of the book is complicated, and yet the ideological message underneath is quiet unambiguous. Pandurang’s ideas are too irrational to accept. Even a stupid person would refuse to lift this Brahminic dirt on his head. But Templeton had done it, what a Simpleton would not have done!  (Note: these excerpts were originally published in one and only issue of ‘Dossier’)

VULTURES’S THOUGHTS ON CULTURE

The study of our history reveals that the society has degenerated whenever the faith in the Vedas (वेद) has been diminished. But, many people believe that ‘Chatuvarna Vyasastha’ (four caste system) and particularly ban on widow marriage and divorce are responsible for the degeneration of society. But, these should be evaluated from scripture’s view-point. Opinions cannot be based on emotions. (P.11)

Does anybody have a right to abuse Manu who was an exponent of a social system, which has been sustained since thousands of years? (P.12)

Though some people accept Gita, they don’t believe in its stanza - Chartur Varnya Maya Srustam’ (चातुर्वण्य मया सृष्टम - I have created Four Castes). These people have partial faith in Shree Krishna. If you have total faith, you must accept Shree Krishna in totality…. (P.12)

The stanza of Gita regarding ‘Chatur Varnya’ is indeed divine. The philosophy of Lord Shree Krishna is as sweet and divine as his economics and sociological context.

Ideology of Shree Krishna is relevant even in today’s sociological context. (P.13)

I do not contend that abolition of slavery after French revolution was wrong. But, there was a good element within the slavery. The masters also shouldered the responsibility of maintenance of the slaves. With the abolition of slavery, the slaves became free and entrapped in the complicated question of bread. They could not comprehend what to do. Free slaves worked hard day and night, but could not get handful of rice. Moreover, inhuman atrocities were perpetrated on the slaves.

In spite of being exploited terribly in this helpless situation, beautiful language was adorned for them. They were told that they were not slaves. They were free to go anywhere. But, in fact this was a temptation …. When he was slave, he could satisfy his hunger, but now his little bread is grabbed in his name of freedom with help of sweet talk. Hence, the poor has become poorer and the rich has become richer. This is the outcome of the demands for the ‘rights’. As inequality, is in the very foundation of the universe, there is bound to be difference between the clever ones and the foolish once. Giving equal rights to both will lead to further inequality…. Internal feuds and external clashes have occured due to the language of rights. (P.22)

Caste, not individual, is the unit of social system. Castes are based on hereditary virtues. It is called the primary breeding unit. (P.31)

Those who have gone through the study of animal kingdom know that society’s cooperative associations, castes and families exist even in the animal kingdom. Pro. F.W. Gamble in his book ‘The Animal World’ writes: "But not only do we find societies and even castes among animals, close study of animal structure serves to show that even the individual is frequently an association of two independent organism living to some kind of partnership."

Thus, we find organization among animals and it seems that family system is natural human beings. (P.33)

Some insects and worms have the same social system as human beings have. If such a kind of social system is to be seen even among insects and worms, we have to believe that this social system is an order of the nature. Clerk in his book ‘New Evolution’ has written many humorous stories regarding this. He writes: “some social ants make use of slaves; just as man used to do and still does in some places…many make use of the other type of insects as we make use of cattle. From these insect cattle they obtain honey or other sweet liquids which they like. They often treat these insect cattle with greatest care, build shelter for them and look after them in various other ways and protecting them from their enemies. All insects’ societies support scavengers. A number of different kinds of ants have developed elaborate forms of agriculture. Some of the social insects seem to be able to exchange a considerable range of information based on principles which are quite different from articulated human speech. Many ant-colonies have queens, helpless insects, assiduously fed by the ants, which get nothing in return. Some insects make use of other more powerful insects to travel from one place another.”

In short, they have all the system of society that the human beings have. We abuse Brahmins for the Chatur Varna Vyavastha (चातुर्वण व्यवस्था), we call them cunning and selfish. But, will someone tell me which Brahmins taught these insects and worm this social system? This is natural social system and Manu has not taught it to them. (P.33-35)

Gates, learned sociologist of human anthropology, in his book 'Hereditary and Eugenics', describes one experiment. He says there is a ‘sewel’ island in the Halifax city of Novaskotia. In A.D. 1520 few cows, buffaloes, horses and pigs were released on the island. In A.D. 1686 all cows died and around A.D.1814 other animals died too. A few horses survived till A.D. 1864. When Gilpin visited the island, he saw some ponies. He found six divisions (castes) among them. Each group used to dine separately. Their places above were also separated. Gilpin tried to associate one pony of a group with another. The pony was not ready to associate with latter. It somehow found out its original groups and got back there. Such two groups of ponies were not ready to dine together and alas! that was not enough! When Gilpin drove one group’s lustful male pony to another’s female pony, she tried to drive ‘him’ away from ‘her’. Thus, Gilpin found that ponies of different groups did not mate with each other. Did any Brahmin ever go there to teach these breasts religion? (P.35)

Is there any wisdom in rejecting that human race has not been created on the basis of the natural law? Do you want to keep human race pure or let it degenerate in all aspects – physical, intellectual and moral? For the creation of pure and progressive human race we have to accept natural laws…(P.36)

It is taught in our history that Buddhism and Jainism destroyed caste system and established social equality. Our leaders also rattle such things, whenever they wish. But, in fact this is a trick of the Britishers. It is the creation of the tendency which strives to prove us inferior… Why did caste system come back, if it was destroyed by Buddhism or Jainism? (P.37)

Manu smriti depicts ideas regarding creation of human race.  It also describes a good system of Artha (अर्थ) and Kama (काम). Manu has narrated some principles on sustaining the caste system and purity of blood.

Manu has said, “Don’t go abroad.” It does not mean “no one should ever go abroad.” We must think according to its context.

If the entire human race migrates, specific virtues in the race would be diminished. If entire Chitpawan Brahmin castes settled in a foreign country, its virtues would be diminished. (P.38)

How to maintain purity within the caste is a problem for the sociologists. Good elements within the caste vanish with the migration and the bad elements survive. When people observe these bad elements, i.e. impurity of caste, they say. “We don’t want caste.” But this is reactionary thinking. (P.39)

What is there in Vedic religion that has held the society together? The important reason is that the Vedic religion has evolved pure, independent and good system of Arth and Kama. Having studied all the religions, I tell you that the other religions have ignored Arth and Kama considering them within the material realm. They have explained rituals only and said, you look after your material realm by yourselves. But Vedic religion has a beautiful arrangement for both Arth-Kama. This arrangement is Varna Vyavastha- वर्ण-व्यवस्था. Religion of king could not necessarily become people’s religion in India, due to Varna Vyavastha. In other countries king’s religion has compulsorily become the religion of the masses.

There are just two types of people who believe there is something beyond money which has to be gained in life. One is the learned Brahmin class and second is the courageous Kshatriya class. Only these people, who sacrifice everything for social emancipation, can teach higher stage of life. But with advent of mercantilism, these classes perished. With the advancement of capitalism and development of industrialization religion of Vaishyas spread ……

Once a prominent Muslim leader said, “Gandhiji is really a great man. I do respect him. But, even a rogue Muslim is dearer to me then Gandiji.” You may find in this quotation fanaticism of that Muslim brother. But, it is quit justified from sociological view point. Such ‘sang-nistha’ (commitment to one’s organization) must be created. (P.50)

There are two types of progress - one, biological process, another, traditional or psychological progress.  Biological progress means eventual change in the organism, leading to its excellence. Such progress cannot be achieved in a day. It is said that such change occurs once in 30,000 years. Hence, we can only say that sustaining organism’s virtues would be more than enough …… biological progress is beyond our control because semen’s strength cannot be increased even in thousands of years. So what is required is immunity of organism to vices. Its power must not be decreased and it must not degenerate. Hurley in ‘stream of life’ and Stoddard in Social Decay and Regeneration have discussed this aspect. (P.52)

European culture has been accepted all over the world without any resistance. Only in India doubts have been raised for this culture. The people, who we call “Sanatanis”, have tried to check the cashing flow of western culture…. They have warned people, “wait, and think before you accept this culture, everything of which is acceptable”…… this has happened because India has its own traditional, independent and powerful culture. India had its outstanding four castes system, which is defunct today. Western intellectuals, who are not aware of the ideas of biological progress and social system, are our teachers… we do not receive our own Indian education. Our so-called reformers breathe in the age of Herbert Spencer and John Stuart Mill. (P.53)

Europe has hereditary laws of Mendel and the ideas of biological progress. But, entire European society is ignoring natural laws of progress and hence suffering from its adverse consequences. Philosopher Nietzsche and Eugenicist Sir Francis Galton drew Europe’s attention to eugenics. Nietzsche in his 'Antichrist' and Sir Francis in his ‘Hereditary Genius: inquiries in to Human Understanding and Natural Inheritance’ have discussed these ideas at length. (P.55)

Hitler's teacher Nietzsche drew German people’s attention to the biological progress. Although his main aim was political, he wanted to organize the masses and strengthen the nation. Nietzsche was an admirer of Manu. He welcomed ideas of Manu. 

In the present circumstance it is very difficult to find pure blood from biological progress view point. Question under consideration is how to consolidate four castes system until the search for pure blood succeeds. (P.54)

There are four types of society on basis of biological and traditional progress.

  1.Lowest biological and traditional progress: African society.

  2. Lowest biological progress but highest traditional progress: Iranian, Sumerian, Babylonian, Roman, Greek cultures… Western culture is also such a culture… western culture is also such s culture. Hence, this culture which is dancing on the peak of prosperity would be buried in the womb of time within 100-200 years like the great cultures of past.

  3.Highest biological progress but lowest traditional progress: Hun

  4. Highest biological and traditional progress: Vedic culture. (P.55)

  

  Traditional progress means progress in politics, art, literature, science, etc.

In a culture when there is no concept regarding biological progress, Its traditional progress is   unlimited. But, that is a partial progress, which can sustain any culture for a long time.

We have been impressed by this western culture and even our celebrities talk about a casteless society. They say, “There is no caste in Europe. Why should it be in our country? ... Surely, the garbage of caste system should be cleaned. But instead, these people, these people talk about throwing entire social system. (P.60)

Contemporary sociologist remarks that, ordinary students of America and Europe have not remained intellectual any more. You’ll be surprised to hear this. This is not my statement. Present day sociologists say so. I go to the extent of saying that India’s ordinary students are more intelligent than their European and American counterparts. The reason for it may be that still some organism of quality has been preserved here. (P.61)

We have gone through four kinds of social system from sociological view point. This view point should be used to examine caste system. Accept it, if think, it is sustainable. Today, a false aura has been created by the talk of a classless society. Sociology is studied with the assumption that our castes system is wrong. (P.62)

What is the cause of the disease? They say, germs infect human being with disease, so change the environment. They are not ready to think of organism’s weakness. (P.64)

Not every one in every class is intellectually capable to do everything.  If a class which is unfit for a particular for job continues to perform it, it will disappear from the earth. So, everybody should work according to their intellectual capacity….

Everybody’s lifestyle is not equal and so it is not desirable to allow everybody to perform every occupation. Each caste should perform the job suitable to its virtue. Nature, not Manu, has demarcated this.

Nietzsche says, “It is nature, not Manu that separates from the rest those individuals preponderating in intellectual power, those excelling in muscle strength, and temperament, and the third which is distinguished neither one greatest as the former, elite.”

How can it be called discrimination in assigning the jobs to those who are quiet fir for them? Is it discrimination in distributing different jobs amongst brothers of a family? Work should be distributed according to the ability and merit of each one. (P.66)

Present day science says that biological virtues do evolve in the race, but self acquired virtues do not. We too had a clear understanding of it and so Vashistha was not ready to call Vishwamitra a ‘Brahmin’, even though he was a great Rishi. Someone may find fault with Vashistha….

Vashistha was not ready to call Vishwamitra a Brahmin because he lacked biological virtues of Brahmin. A person may be great, he may have studied every scripture and he may have been acquired virtues of Brahmin. But, if he is not a Brahmin by birth, sociologists raise apprehension about all his virtues evolving in his progeny. Likewise but his son may not inherit this virtues should be sustained in the form of an inheritance … modem zoology also says that acquired qualities of an individual do not evolve in his progeny. Zoology has proved this with experiments. Zoologist chopped tails of both male and female rats. It was noted that the new generation was born with tails. Again, tails of this generation were chopped; they too produced rats with tails. Scientists continued chopping tails for 45 generation. But every generation was born with tails. This shows that biological virtues do evolve. But acquired qualities do not necessarily evolve in the race. Vashistha didn’t call Viswamitra a Brahmin, because Vishwamitra achieved virtues of a Brahmin with efforts. But he was not a Brahmin by birth. He cannot be called a Brahmin from sociological view point. It is wrong to call him a Brahmin. (P.71)

Many people say that the four castes system is not desirable. There is much hue and cry about it. But, one question often arises- why the breeding of humans is not acceptable whereas breeding of horses, cow and dogs is thought to be necessary? (P.75)

Another question that arises for the four castes system is whether this system is to be considered on the basis of birth or virtue. Many people believe it should be based on virtue. They say birth is beyond the control of an individual and so imposing caste on the basis of birth is an injustice…. They also argue that to be born in a low caste is not an individual’s crime….. I just want to tell these learned people that every caste is equal in the four castes system.

JAI BHIM COMRADE

Jai bhim comrade is a beautiful, fantastic documentary film by Anand Patwardhan. For a communist ‘jai Bhim’ may be a word of bigotry or for an Ambedkarite ‘communism’ may be a word stinking with failure and betrayal. Anand has synthesized two words and in fact he has articulated two world views having profound effect on the lives of millions of people in the world.

In this film Anand has unearthed a unique element of Dalit movement, an element of force, spirit, optimism and struggle. For me it is priceless, particularly when the world has started learning and equating ‘dalit’ with ‘power’ after rise of Mayavati in UP. The story of Vilas Ghoghre has become story of countless fighters of movement who laid down their lives for the emancipation of dalits and sarvahara.

It takes 14 years to complete this film, Anand says. And it is not just a film. It has the potential to become an epic of pan-Indian appeal, if it interwoven parallel struggles having same intensity and depth. I cried when I watched this unforgettable drama of real life. The murderer of Ramabai colony, inspector Kadam is not punished. And the clarion call of Kabir Kala Manch is inviting state oppression. The film narrates dilemma of a movement.

Let us appreciate painstaking efforts of Anand patwardhan. For this moment, my red salute and jai Bhim to a great artist of India! 

My red salute and jai bhim to a great artist of India
(screening at IIM, Ahmedabad, 2 March, 2012)