Protests in Arunachal Pradesh

Arunachal Pradesh is currently rocked by a string of protests that have been sparked by the government’s decision to grant permanent residency certificates to six communities that are not included in the Arunachal Pradesh scheduled tribes list. Permanent residency certificates have also been granted to ex-servicemen who are from the Gurkha community.

While some view it as a move to gain some sort of political leverage, the fact remains that there isn’t any reason why any of them, especially if they have been domiciled in the state, should not be granted permanent residency certificates.

A scheduled tribe, as per Article 342 of the Constitution of India, is a tribe that is indigenous to a particular locality (the scheduled tribes list varies from state to state).

It is an important move, given the fact that it will affect the rights of the six tribes and the ex-servicemen to own land and unless they’ve been issued permanent residency certificates, they may not get titles or deeds to land even if they have purchased the land or have occupied the land for a period of more than ten years (it effectively negates or does away with squatters rights).

It may sound harsh, but it does protect the rights of those that belong to indigenous or rural communities. All too often we hear stories of tribes-people who are forced to sell their land because of a bad harvest or a series of bad harvests to some rich developer who has no roots in the state and have to relocate somewhere else as a result. From that perspective, the current laws with regards to ownership of land in the state are not at all bad.

Five of the tribes in question, the Deoris, Sonowals, Kacharis, Misings, and Morans are from Assam or are listed as Assamese tribes while the sixth tribe, the Adivasis, makeup 8.6% of India’s total population, so they are by no means a small community, and granting them permanent residency certificates is especially important because of their perceived links to the Marxist and Maoist movements in India.

To alienate them, or any other tribe for the matter, any further, might push them closer to the Marxists and the Maoists whose influences both the major parties are doing their best to curb.

Politically both the major parties, the BJP and the INC are active in the state, and the state’s only regional party, the People’s Party of Arunachal Pradesh which is based or founded on regionalism is content to shuffle between the two major parties with its members occasionally defecting from one party to another.

Loosely translated regionalism means putting the rights of those that come from a specific region or the region that the party represents ahead of others. Regional parties rely on the support of those who share the same ethic, cultural and linguistic traits and this trend is more apparent in the north-east where ethnic conflicts are very real than anywhere else in India and it makes policing these states all the more difficult.

Overall, while there have been concerted efforts at inculcating nationalism, there is a growing trend that points in exactly the opposite direction and regionalism appears to be thriving amidst the two bigger parties and maybe it’s because some of the more isolated communities feel that their concerns and grievances are not being addressed or are not being addressed in the correct and appropriate manner.

The era of a single party dominating the scene looks like it is coming to an end and we are possibly looking at an era of coalitions with some parties going the BJP’s way and others going the way of the INC, which to some extent removes the sting from the scorpion’s tail and now, while the two major parties can push their objectives, the others do not necessarily have to accept them.

Regional parties are quickly emerging as influential players in the Indian political sphere or arena, and though they operate in a limited area and pursue limited objectives or objectives that are only relevant to the region that they represent, as opposed to national objectives or wider, all-encompassing objectives, they are still a force to be reckoned with.

Copyright © 2019 by Kathiresan Ramachanderam


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Equity XXVII

15) Equity will not assist a volunteer. A volunteer in this context is a person who had not given consideration. In Currie v Misa (1875) it was held that consideration from the perspective of the law may consist of some right, benefit, interest or profit accruing to the party or some loss, sufferance, detriment, or responsibility incurred by the party.

Copyright © 2019 by Dyarne Jessica Ward


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Hymn to Dawn

Praise to Dawn who rides her silver chariot drawn by her solar steeds whose luster ushers in the morning sun and dispels all traces of the night. Praise to her who is most worthy of worship, her beams and her splendor, stretch from the heavens above to the floors of the ocean. Praise to the goddess with the golden colored hair, one of the four prettiest women in the world, who is adorned with gold and silver, and garlanded with the glory of the morning.

Praise to the daughter of the heavens whose radiance dispels all doubts and whose brilliance disperses all fear. Like a valiant archer, like a swift warrior, she banishes any lingering traces of tenebrosity.

She passes easily through the hills and the meadows and her light sparkles off the white waters of the oceans, glistening and glistering, blinding all that is evil, spreading instantly over vast distances.

Shedding her light on us, she calls us forth from slumber. She brings hither the man who worships glory, power, might, food and vigor. Opulent in her manner she favors us like heroes favor their servants. Dawn who brings oblation and stands prominent on the mountain ridges, she who gives wealth to noble heroes, shine your light on us.

Copyright © 2019 by Dyarne Jessica Ward


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The girl from Allahabad – 2

Indira became the prime minister of India in 1966 following the death of India’s second prime minister Lal Bahadur Shastri on the 11th of January 1965. Both Nehru and Shastri were from the Gandhi camp and they were no doubt inspired and influenced by his non-violent stance and his rather peaceful approach to things.

While both men were able administrators, and were more than capable of governing the country in times of peace neither were suitable candidates to govern in times of war and could be blamed at least partly for India’s relatively poor showing in the first Indo-Pakistan war (1947 – 1948) or the war of Kashmir, the Sino-India War of 1962 and the Indo-Pakistan war of 1965. Despite the fact that almost little or no territory changed hands in all three wars there was a significant loss of lives.

Things however were vastly different in the Liberation War of Bangladesh 1971. The Nixon administration fearing a rise in Soviet influence, primarily due to affairs in Afghanistan where the Soviet Union was gaining a firm foothold, encouraged their then allies to send supplies to Pakistan and were prepared to overlook or ignore the 1971 genocide of Bangladesh.

It is also worth adding that in the aftermath of 1947 it was obvious that India needed to bolster its defense capabilities and that to some degree explains the BJP’s success in recent times i.e. the willingness to spend extensively on defense. This coupled with the fact that there have been significant improvements in indigenous defense systems and the BJP’s willingness to maintain the trend has helped increase the BJP’s popularity. As far as the average Indian is concerned there are certain sectors that he or she wants to see significant improvements in and defense is one of them.

Indira was introduced to Mahatma Gandhi at an early age and was no doubt familiar with him, his work and his teachings but she could never be described as a leader in the Gandhi mold or even as a leader who was in the Nehru or Shastri mold for that matter and despite having served under both of them – she served as her father’s personal assistant and following her father’s death in 1964 she was appointed the minister of information and broadcasting by the Shastri government, she was nothing like them. She was also appointed the president of the congress party in 1959 and served in the capacity for a year.

There was nothing in her past to indicate that there would be a gradual move away from democracy towards a more state based economy, but that was in effect what happened following the 1966 elections, when the congress party won the elections, albeit by a smaller number of seats and Indira became the prime minister of India. I suspect that the move towards socialism was spurred on not by a sudden fixation for communism but rather a need to address the countries more pressing problems i.e. poverty, illiteracy and gender inequality. Despite the constant criticisms that are hurled at it, socialism does in fact advocate for a more equal distribution of wealth.

As soon as she was appointed the prime minister of India, Indira showed a boldness that would take many of her congress allies by surprise especially those that were expecting a docile leader who would accede to all their wishes because her actions clearly told the congress party that she was prepared to throw party politics out the window.

I am not going to say that she didn’t create a class of hyper rich, I think she did but not intentionally. It happens with nationalization i.e. when ownership is transferred from the private sector to the state and then back to the private sector it tends to create a class of hyper rich people who have a monopoly over certain sectors.

She also entrusted certain key people with the development of certain sectors for example the iron and steel sector and pioneered the growth of the Tatas, the Birlas and numerous other multinational companies like them.

In 1969 Indira nationalized the fourteen largest banks in India and while her popularity with the congress party especially its president was going downhill, her popularity among the regional parties was growing especially the DMK and that started the south’s long-standing love-affair with Indira.

Copyright © 2019 by Kathiresan Ramachanderam


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Hymn to Agni

Praise Agni, Lord of Fire, benevolent lord of sacrifice, lavisher of wealth, granter of boons. Worthy is he to be praised for he will bring forth the gods to grace this holy gathering with their revered presence.

Through Agni men obtain wealth beyond measure and warriors obtain fame without comparison, through his effulgent and resplendent flames may their wealth multiply and their fame increase.

Through Agni we make the perfect sacrifices and our offerings are sped to grace the feet of the most auspicious gods and the most sagacious saints. May Agni most sapient of gods, be mindful of our needs and bless us accordingly.

May Agni most benignant of gods grant us our requests, as true as the air that we breathe and the water that we drink, will Agni look favorably upon our petitions.

Agni dispeller of darkness, the light of night, the flame of hope, the beacon of salvation, we revere thee will all our hearts and before thee we surrender in the noblest fashion, humbled by thy magnificence.

Radiant Agni, luminous guardian of the eternal law, lord and ruler of sacrifices we approach thee as son and daughter to father, may thee forever intervene and intercede favorably on our behalf.

Copyright © 2019 by Dyarne Jessica Ward


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Equity XXVI

14) Equity is equality. When there is nothing to indicate otherwise equity will divide any funds equally among all those who are entitled to it. In Burrough v Philcox the testator left the proceeds of his trust to any relative his child should nominate, and his child died without nominating any relatives and when the matter was brought before the courts it was held that the proceeds should be divided equally among all those who are entitled to it.  However, if such a division was not possible that the proceeds would not be divided because it is clearly not what the settlor would have intended see McPhail v Doulton.

Copyright © 2019 by Dyarne Jessica Ward

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Sikkim Democratic Front (SDF)

Sikkim is the least populated stated in India, and one of the more manageable states, in terms of political presence. The landlocked Himalayan Kingdom, post the British pullout of 1947 and prior to formally becoming a part of the Indian Union, retained some measure of autonomy and while India dealt with all matters relating to foreign affairs and the military, the internal governance of the state was left entirely in its own hands with almost little or no central government intervention.

Sikkim became an Indian state on the 16th of May 1975 and post its amalgamation with India it has remained trouble free, and it would be fair to say that the transition has been one of the smoothest to date.

The state is bounded by Tibet in the north, Bhutan in the East, Nepal in the West and West Bengal in the south and south-east. It appears to be, on paper anyway, one of the most politically manageable states in India, and if one intended to stand for elections, as far as India goes, Sikkim would be, one of the better bets.

The two dominant religions in the state are Hinduism and Buddhism, there appears to be very little between them. Sikkim is also one of the most environmentally conscious states in the subcontinent, with an emphasis on being environmentally friendly.

The state has a literacy rate of 83% and is ranked 13th in the all India literacy index. Despite the troubles with cross-border insurgents, and ethic divides which tend to boil over at times, some of the north-eastern states have managed to maintain higher than average literacy rates, and the drop-in population or the smaller population might have something to do with that.

The two major parties in India, the BJP and the INC are active in the state and as far as regional parties go, the biggest regional party in the state is the Sikkim Democratic Front (SDF) which maintains a healthy margin, it controls 22 of the 33 seats, in the state assembly, and it has one seat in the lower house of parliament (Lok Sabha) and one seat in the upper house of parliament (Rajya Sabha), so it is fair to say that the party doesn’t really have much sway or influence outside the state but that doesn’t really make much of a difference and as long as it can govern the state effectively, which at times is too much to ask, the bigger parties can iron out central government policy.

The party has been in power since Sikkim was accorded the status of becoming an Indian state and very little has changed in terms of governance or governing styles and the state rarely makes the headlines, which tends to suggest that whatever it’s doing, it seems to be doing it rather well.

The SDF brand themselves or label themselves as democratic socialists and in its most simple form democratic socialism means that the population collectively owns and controls the means of production, in most instances that means that production is controlled by the state, and the end result is distributed proportionately, usually in the form of underlying social welfare, with emphasis on housing, education and health care, which coincidentally are some of the more pressing issues that need to be addressed in the subcontinent, among the population.

The party however does not seem to be in the good books of West Bengal’s power woman, Mamta Banerjee, the founder/leader of the All India Trinamool Congress (AITC), which is listed as one of the minor regional parties in the state. The AITC having firmly established itself in Bengal is seeking to widen or broaden its support base, and is branching out to other states in India, and the party is seeking to make its fervid and fiery brand of politics more palatable nationally.

Take nothing away from them, Bengal is a difficult state to take control of especially in light of the Communist Party of India’s, both Marxist and Maoist, extensive influences there.

The source of the troubles is the spate of unrests in Darjeeling which has resulted in tourists abandoning Darjeeling for Sikkim and an outflow of income derived from tourism which has hit businesses especially those centered around the tourist industry quite hard.

Matters were further exacerbated by the Sikkim Chief Minister’s (Pawan Chamling) support for Gorkhaland, something the AITC is at present for obvious reasons, opposed to. The matter has been the subject of heated debate since it first came up in 1907.

Copyright © 2019 by Kathiresan Ramachanderam

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The girl from Allahabad – 1

This is my first attempt at writing something that remotely resembles a biography and the person I have selected is none other than the iron lady of India, its second longest serving prime minister and perhaps the most complex person to serve as the prime minister of India, Indira Gandhi.

Of all the prime ministers of India, I am most fascinated by Indira and unlike most prime ministers who served in times of peace, she was one of the few women prime ministers who served during a war – a war that India was never expected to win, and if it wasn’t for her tenacity, India in all probability, would have lost the war.

At the onset, I have to admit that it is impossible to cover her whole life in an article or a series of articles because it was a long and illustrious career and her tenure as prime minister spanned more than a decade. Her first tenure lasted for ten years and her second tenure for four.

The events that we will be looking at here will be the events that piqued my interest as a young boy reading the New Straits Times between the age of 10-14 and we will look at the 1971 Liberation War of Bangladesh, the death of her son Sanjay – a death that rocked the nation and a death many believe was an assassination, the subsequent fall-out with her daughter in law Maneka, who remains the only member of the Nehru dynasty who is not associated or affiliated to the Congress Party of India. Maneka who has had a long and illustrious political career herself serves with the BJP and finally the events that led to Indira’s death.

The events that I have mentioned here are by no means complete or comprehensive and for anyone who wants to acquire an insight to the life of India’s iron woman, it is best that they get a copy of her biography (there are a few in the market).

I read one of her biographies many years ago and to date I have never really managed to grasp the depths of it. Her life was by no means simple.

Indira was India’s third prime minister; her father Jawaharlal Nehru was India’s first and longest serving prime minister and Indira was his only daughter. Indira in fact was an only child and being born in one of the most politically influential families in India, it would be fair to say that she would have come to terms with the intricacies and the subtleties of Indian politics at an early age.

India is one of the most difficult countries in the world to govern, not only because of the size of its population but also because of its diversity and each of its 29 states often demand separate attention and it is more often than not difficult to appease all the parties in the mix, but despite that Indira managed to keep a lid on things. This coupled with India’s external foes make governing India challenging to say the least.

Indira was a Kashmiri Pandit or a Kashmiri Brahmin and she was born in Allahabad a district in the state of Uttar Pradesh, a state rich in history but not without its share of unrest. Even at birth Indira could never be described as the contemporary Indian because Indians today are normally associated with states like Gujarat, Punjab, Haryana or Bengal and places like Mumbai and Delhi from the western perspective of things anyway.

The young Indira could aptly be described as the orthodox Brahmin girl and she was without doubt conservative but that was only to be expected given the strict upbringing most Kashmiri Pandit girls have.

Indira however was very, very intelligent, and I remember reading somewhere that she loved reading and she was very knowledgeable and that she’d even read works like the arthashastra, something that most people don’t read. So it is fair to say that even at a young age, well before being elected the prime minister of India, the concepts of conflict and war were not alien to her and she was to a very large degree or extent able to accept conflict and war for what it was, and that would have no doubt helped her during her tenure as prime minister where she would have had to face conflict and war over and over again.

Copyright © 2019 by Kathiresan Ramachanderam

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Equity XXV

13) Equity will not allow a trust to fail for want of a trustee – the maxim speaks for itself and as far as a trust is concerned, it takes precedence regardless of whether the settlor has appointed a trustee or not and in the absence of a trustee, whoever has legal title will be considered or regarded as a trustee or the court will appoint someone to act as trustee and in instances where the appointed trustee is dead, the court will step in to appoint a new trustee.

Copyright © 2019 by Dyarne Jessica Ward

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Hymn to Aditi

Laud Aditi, the primordial creatrix, the mother of the gods, the daevas, the mitras, the asuras and all beings mortal and celestial. Praise Aditi the goddess of the five nations; she who is the past, the present and the future. May the queen of equity, justice and fairness, great mother of all that is good and noble, guide us lest we should falter and be led astray.

May the beneficent goddess spread her wings far and wide, engulfing our company thereby bringing us under her protection and dispelling any evil that may befall us.

May we ascend without sin the vessel of righteousness and row it with strong and steady arms. May the boat that never leaks, despite any turbulence, despite the unsteady winds of change, sail smoothly on the endless ocean of creation. May the custodian of the heavens and the guardian of the earth in whose lap the spacious air resides afford us the protection of the three layers. We sing in praise of Aditi’s sons, the loftiest of gods, and seek their guidance and assistance in our endeavors.

Let us go forward in search of glory and riches secure in the knowledge that divine Aditi, will evermore be at our side. Benevolent Aditi, divide guardian of creation, we approach thee as son and daughter to mother, may thee take us under thy protection, never failing to intervene and intercede favorably on our behalf.

Copyright © 2019 by Dyarne Jessica Ward

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