Dr. Shyama Prasad Mukherjee a Nationalist and his contribution towards Humanity

                             

  This article is written on the to remembrance of THE GREAT CALCUTTA KILLING: NOKHALI RIOT  which took place in 16 August 1946 ,  in which  Hindu population of Bengal faced communal riots. This inspired Dr. Mukherjee to think about the Indian majority population, the neglect in hands of different political parties and promoted him to fight for Hindu Cause. The failure of the Cabinet Mission to solve the problem relating to transfer of power to Indian leaders, the Muslim League under the instruction of Jinnah and guidance of Mr. H.S.Suhrawardy, launched "direct action" against the Hindus in Calcutta on 16th August,1946. Rampant looting, killing & arson went on for 4 days,  Dr. Shyama Prasad stood firmly behind the people during the widespread communal riots, killing and raping organised by the Muslim League in Nookhali district under the leadership of Suhrawardy.  He formed the Hindusthan National Guard to save the affected people during the communal disturbances of Bengal. In 1943 famine struck Bengal and about 50 lakhs. people died of hunger. In those days Bengal was a state which included states of Bihar, Orrissa, Jharkhanda and Bangladesh. During the famine Dr. Mukherejee organized large scale relief work for masses; his humanitarian work saved a lot of lives.

Soon after the rigorous famine the shadow of partition began to threaten the stability of life. Shayma Prasad Mukherjee was a strong opponent of the Partition of India. Even after the partition  he believed that one day the two counties will be united and one.

Dr. Mukherjee is today considered the godfather of modern Hindutava and Hindu Nationalism, which is wrong notion. He was an Indian Nationalist leader who was imbued with deep love to the nation and its people, and bestowed highest regards to the traditions of Indian culture and civilization. He was not a leader of one religion or caste but of masses as his speech and writing will reveal herein.

 On 17th August 1937  Dr Mukherjee delivered this Speech at Bombay University Convocation  - It has often been asserted that the polytheistic Hindu failed to establish a spiritual kinship with the monotheistic Muslim who held much that is Indian in scorn and still seeks his spiritual inspiration abroad. How can we say that India ignored the teachings of Islam when we find saints like Nanak and Chaitanya, Namdev and Tukaram, preaching the brotherhood of man and the futility of caste in matters spiritual? Although attempts on Hindu culture and institutions fill the pages of Indian history, how can we assert that Muslims ignored the appeal of Hindu culture when we find Muhammad Jayasi weaving a beautiful romance to illustrate the teachings of Hindu philosophy, when we read the simple devotional hymns of Kabir and Sheikh Farid, who refused to recognise the barriers of caste and creed on the high road to God’s kingdom? “Utter not one disagreeable word,” said Farid, “since the true lord is in all men. Distress no one’s heart for every heart is a precious jewel.” In the same strain did Kabir proclaim, “There is the same God for the Hindu as for the Muslim.” A rejuvenated India found an Akbar to put an end to political chaos and social disharmony and a Shah Jahan to dream a dream in marble the like of which is not to be met in the world.

On the invitation of Mahatma Gandhi, Shyama Prasad joined the first National Government in August 1947. Prime Minister Jawaharlal Nehru in the Interim Central Government inducted Dr. Shyama Prasad Mukherjee as a Minister for Industry and Supply. He disagreed with the policy of the Government towards Pakistan.  Mookerjee resigned from the Cabinet on 6th April 1950 on the issue of the 1949 Delhi Pact with Pakistani Prime Minister Liaqat Ali Khan.  Dr. Mukherjee was firmly against Nehru`s invitation to the Pakistani PM, and their joint pact to establish minority commissions and guarantee minority rights in both countries. He wanted to hold Pakistan directly responsible for the terrible influx of millions of Hindu refugees from East Pakistan, who had left the state fearing religious suppression and violence aided by the state. Nearly 40 to 50 Lakhs of Hindus have been already pushed out of East Bengal.  He considered Nehru`s actions as appeasement, and was hailed as a hero by the people of West Bengal.  It was these factors of Hindu oppression, which promoted him to take the cause of Hindus, the less privileged ones in Congress rule due to their vote bank commitments. With Madhav Sadashiv Golwalkar, leader of the Rashtriya Swayamsevak Sangh, Mukerjee founded the Bharatiya Jana Sangh (Political Party) on October 21, 1951 and became its first President. He spent the rest of his life in actively building up this party. The Bharatiya Jana Sangh strongly criticized the favoritism & appeasement of Indian Muslims by the Nehru administration. Jan Sangh is currently known as Bharatiya Janata Party and follows the principles of Dr. Mukherjee.

 Dr. Mukherejee Speech at First All-lndia Session of Bharatiya Jana Sangh at Kanpur December 29th, 1952 speaks his aspiration and his thinking towards the Nation:-  “Equality of rights of Indian citizens, irrespective any consideration, forms the basis of the Constitution of India as indeed it must be a primary characteristic of any democratic country. Pakistan's recent proposals for basing her constitution, including minority rights, on Islamic law and principles of communal separatism flagrantly expose the reactionary character of that State.” India has been for centuries past the homeland of diverse people pursuing different faiths and religions. The need to preserve and respect the personal laws of such people specially in matters of religion and fundamental social obligations, is undoubted. In all matters concerning the rights and duties of citizenship as such, there must be complete equality for all. We must be able to carry all sections of the people with us by creating in their minds a healthy and progressive attitude of co-operation based on true equality of opportunity and mutual tolerance and understanding. Our party's door remains open to all who believe in our program and ideology irrespective of considerations of caste and religion. Our party believes that the future progress of India must be based on a natural synthesis between its full economic advance and the development of mind and character of the people in accordance with the highest traditions of Indian culture and civilisation. A nation that fails to take pride in its past achievements or take inspiration there-from, can never build up the present or plan for the future. Our party realises that there is no hope for India until and unless her people living in remote areas, mostly illiterate, speaking diverse languages, following differentiates of life, habits, customs and manners, are welded together into one harmonious pattern in which they can retain their healthy features without sacrificing the organic unity of our nation.”

 Dr. Shyama Prasad believed in the unity of people and believed that the both India and Pakistan will unit one day, on the basis of its civilisation & cultural bonding between its people. In his own words:-

“Our party believes that partition has done no good to the masses of people, either in India or in Pakistan. It has weakened the country in every way and the very problems that it was intended mainly to solve have become far acuter and are baffling a peaceful settlement. To us, therefore, reunited India is not an idle dreamer a mere slogan. It is an article of faith with us, and is a goal we confidently believe would be achieved sooner than later with the co-operation and understanding of the people themselves.”

     Indian culture is commonly known as Hinduism, Bharatiata or Hindutava and has been defined by the Indian Supreme court as a way of life. The Gazetteer of India clearly mentions Hinduism or Hindutava as having the same meaning and is reflected by the Art, taste, living style, manners and culture of the Indian people. “वसुधैव कुटुम्बकम. “ Vasudhaiva Kutumbakam  from "vasudha", the earth; "iva" = is as a; and "kutumbakam", family;) is a Sanskrit  phrase  that means that the whole world is one single family. It is a philosophy which has emerged out of Indian civilization. Accordingly in India every religion has equal right and status. 

   The secular character of India and the nationalist movement called Hinduism is more evident in the lower class of the society were people of both the section of society, depend upon each other for observing, celebrating and performing their festivals and rituals. Muslims artisans help in making cloths decorative and temple for Hindus, and similarly Hindus provide edible items sweets, cloths, Clay, wooden and iron Articles etc to the Muslims. A Festival of one became a bread earner to another, and both sections await and celebrate the festival with equal vigour and pleasure. This reflected the true secular face of Hinduism, and represented the mass feelings and sentiments. The Muslims of India have adopted the Hindu way of life, and the combined their custom and movement and thus is formed Hinduism the way of life. The true secular face of India and the Indians living therein including Muslims is reflected by the religions, rich cultural, artistic character of this great nation and the bonds prevailing between both the communities. Disturbing these centuries old friendship and cultural bond for Political gain is a crime against Humanity, which Bharata Matta (Mother land) and this nation will never forgive.

                                              by V.K. Singh, Excutive Member to BJP National Trade Cell                                                  
                                                  BJP Members reply on email:- vksinghbjp@rediff.com

Rule of Law and Ancient Indian Laws

Since the beginning of the Indian civil society, its affairs were regulated not by laws of state but by customary rules known as Dharma. Dharma is what holds together, or a code of Duties for harmonious functioning of various divisions of Society. Dharma Shastra or Shmritis laid down rules for every caste and vocation, for every relation in society, king and subject. Rule of law is also referred as Dharma Rajya in ancient Indian books.

There is a popular saying in ancient Indian Text books with regards to Ratra Dharma (i.e. Duties towards the nation) it recognises the place of mother and mother land over and above a place in Heaven. In Rig-Veda there is clear instruction to keep motherland independent and under self rule. Gana and Jana i.e. people and republic has come under reference in Rig- Veda.  In Mahabharat, Dharmaraja Yudhishteer asked Bhishma the definition of a model Democratic Republic. Bhishma (Shantiparva 107.14) then stated- that by arbitrary rule republics are destroyed. In Arthavaya–Veda (6.64.2) there is a clear instruction to treat people as equals’ and Sabhas’ (legislatures) and Samittees (Committees) should be open for every person. Unity of thought and equal fundamental rights for every citizen is also advocated there-in. This is also the short definition of Rule of Law. There is clear reference in ancient Indian texts that for the Democratic Republics, internal disturbance are greater and hold more importance than that of the external.  Federal Democratic Republics find mention in the days of Kautilya the founder and conceiver of Economics and its theories in India and Acharya Paaninee texts. In that period, groups formed by peoples’ representatives were call Gana, which thereby assembled to form Sabha (legislatures) and Samittees’ (Committees). 

       Without the “rule of law” there can be no “rule of higher law.” Those who acknowledge a non-positive natural or other law, existing prior to the State and demanding respect for fundamental human rights, necessarily support the “rule of law” ideal. A tyrant unlimited by law is clearly not bound by human rights. There is no way, in any but an inconceivably small polity, for a majority vote of the community to decide every individual dispute. Only if the majority can enact general rules that can and will be faithfully applied by police and courts to individual cases is there any hope that the people can govern. Without the rule of law there can be no democracy of any substantial size As it was for higher law, the rule of law is necessary. To the degree that stability is good; preserving the State is another reason to prefer the rule of law over the discretionary rule of political leaders. Because we care so much about the rule of law, we wish to see it effectively applied and enforced. Through mistake or ill will, private individuals may not always observe the law if left unsupervised. Similarly, a president or a legislator, despite his or her oath to support the constitution, may misinterpret or ignore that document in the pursuit of political results.

 Non-democratic dictators may well also impose their will through constitutions and statutes.  When law rules no extra legal commands are treated as obligatory. The relation between law and action is seen as one of obligation. In a nation governed by Rule of Law, actions and duties, administrative set-up, legal system, and elected bodies all function as per their obligations.

       In his visionary and inventive principles drafted as Nations- life-philosophy for Jan Sangha (currently  also followed by the political party BJP) in its 6th principle Pdt. Deendayal Upadhaya has conceived his ideas for good governance. As per his thoughts, India should be governed on the principles of Dharma Rajaya which is a secular rule or a government governed by the Rule of Law.

The rule of law can be defined as a system in which the laws are public knowledge, are clear in meaning, and apply equally to everyone. They enshrine and uphold the political and civil liberties that have gained status as universal human rights over the last half-century. The relationship between the rule of law and liberal democracy is profound. The rule of law makes possible individual rights, which are at the core of democracy. A government’s respect for the sovereign the rule-of-law revival authority of the people and a constitution depends on its acceptance of law. Democracy includes institutions and processes that, although beyond the immediate domain of the legal system, are rooted in it. 

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Basic elements of a modern market economy such as property rights and contracts are founded on the law and require competent third-party enforcement. Without the rule of law, major economic institutions such as corporations, banks, and labor unions would not function, and the government’s many involvements in the economy—regulatory mechanisms, tax systems, customs structures, monetary policy, and the like— would be unfair, inefficient, and opaque. 

The dictionary meaning of Rule is dominant customs, standards, principles to which actions or procedures confirm. As per Dictionary:- the rule of 'law is the condition in which all members of society, including its rulers, accept the authority of the law or code of discipline observed by religious order, customary rules recognized by the society, order of a court.

List of formal requirements for a set of rules to qualify as law convergence. According to a standard formulation laws are norms that are (a) general (b) public promulgated (c) not reactive (d) clear and understandable (e) logically consistent (f) feasible (g) stable over a period of time.

   The rule of law legitimates and thus stabilizes governments. The above-mentioned values (human rights, democracy, and private freedom) are among the chief reasons that women and men are willing to tolerate and support being governed. A government that ignores the rule of law undercuts not only those three values but also its own existence. 

 A comparison of principles of rule of law in India with that of the values prevailing today in some countries and Union’s would give an in-depth idea of our laws and its basic flaws.

     The English legal tradition is rightly celebrated for its unique and ancient contribution to the concept of the rule of law. Albert Venn Dicey a renowned English expert on Rule of law meant here the absence of arbitrary power on the part of the government. The rule of law means in the first place “that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land.” It also implies that “every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.” Finally, Dicey argued that the British constitution “is pervaded by the rule of law on the ground that the general principles of the constitution … are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the Courts.”

        The formal enshrinement of the rule of law in the European Union’s founding Treaties should be understood in the political context of the time. Following the end of the cold war, European countries agreed to commit themselves to promoting human rights, democracy and the rule of law as the three fundamental principles on which the “new Europe” must be founded. The European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. 

The framers of the Indian constitution were keen to preserve the democratic values to the Indians which had attached highest importance in the struggle for freedom. They had before them precedent of the Govt. of India Act, 1935 who’s detailed provisions were at that time, unfortunately found suitable for adoption in the interest of continuity and certainty. The Preambles contains the structure of our Constitution, and spells out the aspiration of the people to secure for all its citizens Justice, Liberty, Equality and promote amongst the people a feeling of fraternity, ensuring dignity of the individual and the unity of the nation. In the statutory framework of India, one does unfortunately come across provisions which introduce or maintain certain amount of inequality between Govt. of officer and ordinary citizens, which does not qualify to the Dicey’s second corollary to the rule of law. The right of Equality discrimination in the Indian constitution means ‘making an adverse with regards to’ or distinguishing unfavourably from others, which is a negative concept. Further subsequent 42nd amendment Act 1976, 1951 and 56 has made the constitution definition of rule of law unfavourable to certain classes of citizens. The recent class war between Meena and Gujjar caste in Rajasthan and the atrocities and trouble faced by Bihari’s in Assam and Maharastra due to regionalism speaks about the basic flaw in the Indian legal system and its governance. It is also against the fraternity clause of the constitution and is affecting the unity and integrity of this great nation.

The writer is Executive Member to BJP’s National Trade Cell N. Delhi

Published in Organiser Magazine of  the RSS 

Why the poor want to stay very poor on paper : India : SA Aiyar : TOI Blogs

Why the poor want to stay very poor on paper : India : SA Aiyar : TOI Blogs