Nirav Modi scam: RBI bars LoUs for trade credits

RBIIn wake of the alleged Rs. 13,000 crore PNB fraud case that revolved around the LoUs, the RBI has decided to discontinue the practice of issuance of Letters of Undertaking (LoUs) and Letter of Comfort (LoCs) for trade credits with immediate effect.

“It has been decided to discontinue the practice of issuance of LoU/LOCs for trade credits for imports into India by AD category banks with immediate effect,” the RBI said in a circular.

However, the central bank allowed continuation of letters of credit and bank guarantees for trade credits for imports into India.

“Letters of Credit and Bank Guarantees for Trade Credits for imports into India may continue to be issued subject to compliance with the provisions contained in Department of Banking Regulation,” it added.

In biggest fraud involving Indian banking system, fashion jeweller Nirav Modi duped Punjab National Bank by using the Letter of Undertaking issued by the bank in favour of three firms of Modi allowing him to seek credit from foreign branches of Indian banks.

Setback for BJP as SP leads in UP bypolls

electionIn the latest update in the Uttar Pradesh election results, the Samajwadi Party is leading over the BJP. After the 17th round of counting in Gorakhpur, Samajwadi Party candidate Praveen Kumar Nishad is leading the BJP’s Upendra Dutt Shukla by 26,960 votes, as per the media reports.

While congratulating Samajwadi Party chief Akhilesh Yadav and Bahujan Samaj Party chief Mayawati, West Bengal Chief Minister Mamata Banerjee said, “The beginning of the end has started.”

The Gorakhpur seat was vacated after Adityanath became the chief minister in March 2017 and Phulpur because Keshav Prasad Maurya became his deputy. The bye-polls are significant as it will test the new arrangement between Akhilesh Yadav’s Samajwadi Party and Mayawati’s Bahujan Samaj Party. The Congress contested on its own.

Mayawati had earlier declared that Bahujan Samaj Party would support the candidates of Akhilesh Yadav’s party in the Gorakhpur and Phulpur bye-elections.

Brightest star of science Stephen Hawking dies at 76

One of the brightest stars in the history of science, Stephen_HawkingStephen Hawking breathed his last at age 76 on March 14. Hawking died peacefully at his home in Cambridge, his family said.  

The author of The Theory of Everything went on to inspire the world despite battling a type of motor neurone disease that left him wheelchair bound for 54 years. Best known for his lucid writing on black holes, space and aliens, Hawking ​became ​the renowned theoretical physicist​ in the science world​.

Hawking was told that he would not survive more than two years after diagnosed with the disease but continued to​live​​ with a happy family and ​make path-breaking contributions to science till the age of 76, as per reports.

Hawking’s children Lucy, Robert and Tim released a statement expressing grief on his demise: “We are deeply saddened that our beloved father passed away today. He was a great scientist and an extraordinary man whose work and legacy will live on for many years. His courage and persistence with his brilliance and humour inspired people across the world.”

Hawking famous quote which the world will forever remember, “I’m not afraid of death, but I’m in no hurry to die. I have so much I want to do first.”

Nirav Modi firms didn’t feature among 2.26 lakh deregistered companies

 The companies promoted by Nirav Modi group did not feature in the list of more than 2.26 lakh companies whose names were struck off from the official records till the end of 2017, the government statement suggests.

raids-at-nirav-modi-company-firestar-diamondAs part of larger efforts to curb the black money menace, the corporate affairs ministry has deregistered little over 2.26 lakh companies for not carrying out business activities for long, media reports said.

Diamond merchant Nirav Modi – the alleged key person behind the Rs 12,700 crore scam at the Punjab National Bank – along with his associates and related companies is facing investigation.

When asked whether there are any companies promoted by Nirav Modi group in the list of struck off entities, Minister of State for Corporate Affairs P P Chaudhary replied in the negative.

In a written reply to the Rajya Sabha, he reportedly said that none of the companies promoted by Nirav Modi group figured in the list of 2,26,166 companies because the companies promoted by this group did not come within the purview of Section 248 (1)(c) of the Act, under which the names of these entities were struck off.

Under Companies Act, 2013, Section 248 (1)(c) pertains to removal of a company from the register for not carrying out any business for two immediately preceding financial years and has also not made any application for dormant company status.

“2.97 lakh companies were identified under this category as on March 31, 2017 and after following due process, names of 2,26,166 companies were struck off from the register of companies as on December 31, 2017,” the minister reportedly said.

Aadhaar linking deadline for all services extended indefinitely

AadharThe apex court, in a decision taken on February 13 afternoon, has extended the March 31 deadline to link Aadhaar with mobile or bank accounts until the disposal of the unique ID case.

The Supreme Court extends March 31 deadline for Aadhaar linkages till the constitution bench delivers judgement on the matter, media reports said. The development is being seen as a major relief by those who haven’t linked their Aadhaar yet.

Earlier in the day, a five-judge Constitution bench comprising Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan heard a clutch of pleas seeking a stay on government’s decision of mandatory linking of Aadhaar with welfare schemes, as well as essential services like banking and phone.

Aadhaar will be necessary only for social schemes, the top court, which is hearing a bunch of petitions that have challenged the validity of the 12-digit number, reportedly said.

The order will not apply to the deadline for subsidies and benefits under Section 7, media reports pointed out.

This effectively means that the order will not apply in cases where subsidies are given by the government. In other words, government schemes where subsidies and benefits are given will have to be linked to Aadhaar by March 31.

Section 7 of Aadhaar Act relates to the targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India.

The apex court also ruled that Aadhaar cannot be made mandatory for issuing Tatkal passport, the reports added.

The Supreme Court had in 2013 prevented the government from forcing people to submit their Aadhaar number to access welfare schemes. However, the BJP-led NDA government managed to get around this hurdle by getting parliamentary approval for a new law in 2016.

Earlier, the Centre had told the Supreme Court that the government could extend the March 31 deadline for linking Aadhaar to various government schemes, as well as mobile phones and bank accounts, if required.

A rare courageous daughter of South Asia

OLYMPUS DIGITAL CAMERAIt rarely happens in the case of India and Pakistan that an achiever in any field is admired on both sides of the Radcliffe Line. But on February 11 the sudden death of Asma Jahangir, undoubtedly the bravest daughter of Pakistan, nay, of South Asia, was mourned in both countries by her numerous well-wishers and admirers. If she had a huge number of admirers in her own country, she had no fewer supporters in India for the causes dear to her.

She fiercely fought for the protection of human rights and democratic values. She firmly stood against the military establishment’s interference in an elected government’s affairs, misuse of intelligence agencies to terrorise critics of the ruling dispensation, extremists victimising members of minorities in the name of religion and use of extremism as an instrument of foreign policy. Her popularity in India was also related to her drive for forging friendly relations between the two neighbours. Her disappearance from the scene has weakened the Indo-Pak peace constituency on the other side of the border.

Asma died all of a sudden at a time when nobody could think of her end being so near. No one knew that she was suffering from any heart-related ailment. There are no reports about Asma being a heart patient. Perhaps, she never had a proper medical check-up of her heart. But this is not surprising in the case of people like her who are so much preoccupied with the causes dear to them that they have no time to take care of their health. She had a massive heart attack after agreeing to represent a minister in a case of contempt of court. She had promised former Prime Minister Nawaz Sharif on the phone that she was ready to fight the case, but she abruptly discontinued talking to a lawyer sitting with Nawaz Sharif at his Lahore house. This was quite disturbing as she was not known for behaving in this manner. That is why Nawaz Sharif tried to contact her at least 25 times but she did not respond. Someone else picked up her mobile to inform Sharif that Asma, 66, was no more. She had collapsed after having a cardiac arrest.
Soon her daughter Munizae Jahangir, a TV journalist, was on twitter with the sad message, “I am devastated @ loss of my mother Asma Jahangir. We shall B announcing date of funeral soon. We R waiting 4 our relatives 2 return 2 Lahore.”

In her 40-year-long illustrious career as the most admired human rights activist, she was the first woman in her country to acquire the position of the Pakistan Supreme Court Bar Association’s President.

She co-founded the Pakistan Human Rights Commission in 1987 and servedas its General Secretary till 1993 when she got the responsibility of heading it which she did with distinction. In fact, the commission owes its existence to her single-minded devotion to setting up an organisation to carry on the drive for protecting human rights, particularly of the minorities, forcefully and systematically.

Born in 1952 in Lahore, she acquired an LLB degree in 1978 from Punjab University and began practicing as a lawyer with clearly being focused on human rights. She had indomitable courage of conviction to be on the side of those either targeted by the government of the day or by extremists in their unjustifiable zeal as fake defenders of their religious beliefs. The minorities in Pakistan, as anywhere in the world, have been victimised on any pretext by the extremist fringe.

She was never afraid of defending the rights of such victims, sometimes even at the cost of jeopardising her own life. That she could muster enough courage to take on extremist elements was possible because of her undiluted commitment to providing succour to those being victimised only because they happened to belong to a different religion or sect. In her opinion, truth must be defended at any cost.

Asma had immeasurable love for democratic values for which she challenged even the ruthless military dictators like General Zia-ul-Haq and General Pervez Musharraf. She rejected any kind of sops offered by these rulers and criticised their rule openly, not bothering about the consequences.

She championed the cause of democracy during General Zia’s rule and enthusiastically took part in the popular march taken out at that time for the formation of an elected government. She got imprisoned in 1983 for her outspokenness against the military dictatorship, but she remained firmly committed to the fight for the restoration of democracy.

Equally vehemently, Asma fought for getting the sacked Chief Justice of Pakistan, Iftikhar Chaudhry, reinstated. A diminutive Asma could be seen on the forefront of the lawyers’ movement against the military dictatorship headed by General Musharraf. It was, therefore, not surprising that she was put behind bars in 2007 during the Musharraf regime.

When she was freed from captivity she alleged in 2012 that Pakistan’s intelligence network was after her blood. The spy agencies are solely responsible for the “missing persons” issue in Pakistan which she raised forcefully on every occasion that came her way.

She was never bothered about who was happy or unhappy because of her activities. Yet her admirers can be found in every section of society not only in Pakistan but all over South Asia. If she was the most vocal critic of the military establishment for derailing the elected government, she was also opposed to judicial activism, which, she believed, caused harm to the justice delivery system. That is why she criticised the Pakistan Supreme Court on many occasions. Asma found no justification for the apex court verdict disqualifying Nawaz Sharif to continue as Prime Minister in the famous Panama Papers case in July 2017.

She won many prestigious awards like the 2014 Right Livelihood Award, the 2010 Freedom Award, the 2010 Hilal-e-Imtiaz and the Sitara-e-Imtiaz in recognition of her work and could have got more such honours, but destiny had decided to close her file forever. A person like her, who would not hesitate in expressing her views against oppression of any kind, is now difficult to find in Pakistan.

As poet Iqbal said, “Hazaaron saal Nargis apni be-noori pe roti hai; bari mushkil se hota hai chaman mein deedawar paida”.

letters@tehelka.com

Kamran Yousuf is not a terrorist

There is nothing on the Facebook and Instagram accounts of arrested photojournalist Kamran Yousuf that would convey that he was not a ‘real journalist’, as claimed by the National Investigation Agency (NIA). In fact, he has posted an array of diverse pictures reflecting various aspects of life in the Kashmir Valley, not only those about the ongoing turmoil that the Central agency has objected to.

DJBniPhUQAEM3mKThe picture uploaded by him on Facebook on September 3, a day before his arrest, captures the silhouettes of two peasant women walking in a field against a setting sun. Another is about a woman begging outside a prayer ground on Eid last year. There is one that zeroes in on a small boy offering Eid prayers alongside adults. Another picture also shows sunset.

However, by the NIA’s standards, Yousuf wouldn’t qualify as a journalist as the “moral duty of a journalist” is to cover the government’s “developmental activity”.

According to the investigative agency, “He (Yousuf) had never covered any developmental activity of any overnment Department/Agency, any inauguration of a hospital, school building, road, bridge, statement of political party in power or any other social/developmental activity by state government or Govt of India,” the NIA said in its chargesheet against Yousuf. “Kamran Yousuf had hardly taken any video of such activity and video or image of any such activity can rarely been seen in his laptop or mobile which clearly show his intention to only cover the activities which are anti-national and earn money against such footages”.

But even if we go by the NIA’s definition of a journalist, Yousuf does fit the bill. For he did cover activities organised by the government too. “He covered blood donation camps of the Army and also attended their Iftar parties,” his maternal uncle Irshad Ahmad told Tehelka. “Besides, he also covered sports events organized by the District Police Lines, Pulwama. These photographs were covered by the local media.”

Ahmad, however, said that some such events that his nephew covered were not reported by the media. “But this was not Yousuf’s fault. His job was only to take pictures and send to newspapers. It is the discretion of the newspapers to publish them,” he said.

Yousuf was a freelance photographer, contributing pictures and videos to local newspapers and some television channels. He is the only child of his long divorced mother Rubeena Yousuf, a clerk at a private school drawing a monthly salary of 5000. Yousuf himself earned a pittance from his work, most of which, Ahmad said, he spent on himself.

“It is my father (Yousuf’s grandfather) who looks after the family,” Ahmad said. “We were waiting for Yousuf to get a regular media job. And he too was working overtime to click the best pictures to help him get recognized and find a salaried job”. And to do so, Yousuf often threw himself in harm’s way, being among the first to reach the encounter sites. He would be around to cover stone pelting protests and militants’ funerals, the stories that are in demand about Kashmir more than any government development activity or an official function which anyway have little news value.

And then he would put these pictures on social media to advertise his work. “May be, this did not go down well with the security agencies,”

Ahmad said. “Hence, his arrest”.

Now the family doesn’t know what to do. “If he was with J&K Police, we would know what to do, whom to meet. But we have no access to NIA,” Ahmad said.

When asked whether Yousuf was involved in stone throwing as the NIA chargesheet states, Ahmad said, “Once in 2013 when he was very young and not a journalist he was arrested by the police for stone pelting but let off the following day. Never again. Then he chose journalism as his profession and he reported stone pelting rather than participate in it”.

The NIA arrested Yousuf for alleged stone-pelting and mobilising support against security personnel through social media, the charges vehemently denied by the family. His mother Rubeena has been the hardest hit by her son’s arrest. She has been left alone and is apprehensive about his release. Yousuf is her only hope. “It is very painful for her to reconcile to the state of affairs,” said Ahmad. “She is hopelessly waiting for his return”.

The family’s hopes have been raised by support from media and national and international journalist organizations. The Committee to Protect Journalists has sought immediate release of Yousuf and termed NIA’s definition of a journalist as “way out of its league”.

“India’s National Investigation Agency (NIA) is way out of its league and has no business defining what ‘a real journalist’ should cover,” said Steven Butler, CPJ’s Asia programme coordinator. “Kamran Yousuf’s work taking photographs of conflict… is a public service in the best spirit of journalism. He should be freed immediately,” Butler said.

The Network of Women in Media in India has asked the NIA not to teach journalism. “Being the Central Counter Terrorism Law Enforcement Agency, the NIA is obviously not aware of the duties of journalists, moral or otherwise. We would like to inform the NIA that the basis of credible journalism is to ask questions about happenings in society and relay verified information to the public, without fear or favour,” the NWMI said in a statement. “Reporting
inaugurations of public works by the government or army is the job of government and army PROs. Surely, the prestigious NIA knows the difference between a journalist and a PRO?”

Similarly, Kashmir Editors Guild, an organisation of editors of the newspapers published in Kashmir has too sought immediate release of Yousuf, saying he was a photographer who worked for various media outlets. “It has been a long time since Yousuf’s arrest that the investigators have probed almost all angles of his supposed involvement. So far, nothing has been proved as the charge sheet suggests,” the statement said. “It is high time that Yousuf is permitted to move out of jail and resume his routine and help his mother, the only relation he has, in surviving honourably. His release will contribute to the strengthening of democracy and right to free speech.”

In the Valley, the NIA’s arrest of Yousuf along with Hurriyat leaders has generated anxiety about the Central investigation agency’s broadening remit in the security affairs of the state, enabling it to take action even against alleged stone pelters and those posting stuff on social media. This state of affairs has turned the state government into little more than a spectator. Unlike in the past, the crackdown against separatist groups is being presided over
directly from New Delhi.“The raids have created an uncertain state of affairs. They are a piece of the Centre’s policy of an iron-fisted approach towards Kashmiri leaders and supporters of the ongoing Azadi movement. The big question is, whether such measures help the cause of peace in Kashmir?” says Naseer Ahmad, a local columnist. “If the past is any guide, such measures, though unprecedented in their ferocity now, have in the past done little to ameliorate the situation. One can only hope that New Delhi understands the futility of the use of force and harsh measures to control the situation in Kashmir, sooner than later.”

letters@tehelka.com

‘Have you ever seen industrialists committing suicide in India?’

Gandhian Anna Hazare, incensed with Prime Minister Narendra Modi’s regime, says that the power-high PM is pursuing anti-people policies. The Lok Pal issue and farmers’ suicides are among the central issues to have provoked the octogenarian Hazare to spearhead a nationwide satyagraha or peaceful protest from March 23. In a tete-a-tete with Manmohan Singh Naula and Jawed Khurshid, he spoke at length on farmers’ plight, corruption and declining political morality.

Edited Excerpts from an interview •

Think fest 2012What provoked you to go against PM Narendra Modi?
I am not against PM Narendra Modi but against corruption and price rise which has acquired titanic proportion nowadays. Modi rode to power on the crest of anti-corruption wave. In 2011, we spearheaded an agitation to eliminate corruption. The erstwhile government had made a law on Lok Pal which was weakened by the present dispensation. The bill which was tabled by the Manmohan Singh government and later crystallised into a robust law to spurn corruption at high places was tampered with by the current regime in order to keep babus outside its ambit.

The UPA government had initially made its commitment to establish an ombudsman in every state, but later changed the spirit of the document by adding that the state which already had a Lokayukta would no longer need the new law. Manmohan Singh also said that the state which had no Lokayukta should have one within the stipulated period of two years. After the Narendra Modi government came to power in 2014, on July 27, 2016, it brought a new bill and passed it in a single day in the Lok Sabha and a day after, on July 28, tabled the bill in Rajya Sabha which too was passed on the same day. On July 29, it was sent for Presidential ascent. Within three days the new law on Lok Pal was formed.

The BJP has diluted the Lokpal Bill by excluding government officers and staffers from displaying their source of income and wealth. The very spirit of the bill as an instrument to stifle corruption is defeated. We are definitely going to make people aware of this. We will highlight this in our agitation. I have written 30 letters to PM Modi in the last three years, but I’m still waiting for his reply.

Besides corruption, what are the other issues which you are going to raise during the agitation?
The next is farmers’ issue. In India, which is still a predominantly agrarian economy, over 12 lakh farmers have committed suicide in the past seventy years since independence. From March 23, we are spearheading nationwide peaceful protests to enlighten the people vis a vis the twin problems of corruption and government apathy.

We have constituted core committees in eighteen odd states and demanded fifty percent increment on agricultural produce to farmers. Farmers are committing suicides in the absence of any formidable policy meant for agrarian community. Farmers should get ‘agri-production security’ and the government should provide pension of 5,000 each to those farmers who have been involved in agrarian production for the past sixty years and there is no one holding any job of profit in the household.

The Farmers’ Pension Bill tabled in Parliament long back is still hanging fire. The bill stipulates the provision of pension to those farmers who have attained sixty years of age. We will raise this issue vociferously during our protests march.

I have already demanded implementation of the Commission for Agriculture Cost and Price (CACP) recommendation in verbatim for fixing agricultural price. Due to its non-implementation farmers are committing suicide. Currently, farmers are not getting the adequate price for their produce which pushes them into financial hardship. Modi government is pro-industrialists and turning Nelson’s Eye to farmers’ plight. Here only farmers commit suicide. Have you ever heard about any industrialist committing suicide?

If you want to reform political parties, you have to become part of the system?
Many who joined us during our previous agitation have left us and joined political parties, some even became ministers and party office bearers. Politics these days has become hideouts of anti-social and criminals and one should not fall prey to it.

letters@tehelka.com

A young woman’s quest to spread art and literature

IMG_8209Though I’m not a feminist, I definitely respect women who are struggling to make it to the top with sheer grit and that too with undying determination to let nothing come in the way of their dreams.

Recently, I came across such a woman, Shireen Quadri — the founder publisher of The Punch Magazine. It’s a monthly digital magazine started by her just about a year back.

And as I went through the latest issue of Punch, dated January 2018, with actress and activist Lisa Ray pouting on its cover and her never-before published poems spread out in the inner confines of the magazine, I was left absolutely impressed. This digital magazine not just carries the exclusive, it even looks different, suave and sleek.

I got in touch with Shireen Quadri and asked her the crucial question —‘why’. Why did she think of starting this magazine exclusively for the arts and literature, music and poetry? And there she was with this stark ground reality — “In the last couple of years, the number of literature, arts, food, travel, dance, music, theatre and film festivals have mushroomed. From September to March, almost every weekend has some festival or event. But when it comes to the coverage of arts and literature in the mainstream media, there’s hardly anything raring to be different. There’s no single platform that chronicles the global profusion in arts and literature, which serves as a one-stop destination for everything exciting about arts around the globe,” she said.

I had to ask her about her journey. Her simple philosophy, along the clichéd taking one step at a time, relays much. To quote her — “I’m from Jharkhand. I did my schooling from Mount Carmel, Dhanbad, and moved to Delhi to pursue graduation from Miranda House. Then I went to Mumbai University for my post-graduation. Briefly, I worked with Greenpeace India. A little later, I moved to Delhi and got into the marketing and publicity of books in trade publishing. My last job was at Simon & Schuster India. Some of the well-known authors I’ve worked with are Vikas Swarup, Ashwin Sanghi, Amish Tripathi, Kishwar Desai …All this while, I did enjoy my work, but I could see that the space in mainstream media for literature and arts was shrinking and to get space for some of the best books was becoming a challenge. It was the same in arts. There had to be a medium that could bridge this gap. And that’s how I thought along the lines of starting this magazine.”

Quite obviously it couldn’t have been easy; not to be overlooked is the fact that Shireen is in her early 30s, has a family to take care of and the fact that she’s doing something so very refreshingly different is a challenge in itself. How tough and rough has it been for her to start and sustain a magazine of this calibre?

“To work tirelessly without any money is not easy, especially when one doesn’t belong to the city. I love challenges and I believe in hard work. But what has been really tough is the general attitude that only the mainstream media matters. The literature, arts and culture sectors should ideally nurture such platforms…I’m often asked: ‘what is your business model? Have you started making money?’ I understand that it’s difficult to believe that at this stage of my career when I should essentially be focusing on making money, I am spending my limited savings, time and energy on a project that does not guarantee financial rewards. But it’s also true that The Punch Magazine is not a business prospect. I would like people to see it as an altruistic arts and culture project.

She also detailed those exceptions without which things would have been tougher. “It has not been easy but the immense support and contributions from the writers and arts community has been a great source of encouragement. Some very kind words from arts and culture enthusiasts have been said about the magazine. The support from similar sectors has been pouring in. A number of well-known authors, art enthusiasts, established travel, lifestyle and food writers have been generous enough to be the contributing editors of this new venture. It is the warmth and generosity of like-minded people, I believe, that will help the magazine stem any tide. I have immense faith in our collective vision and collaborations.”

On the journey ahead, she details: “The challenge is to make the project sustainable; to make people aware of the best in arts; to give space to new voices in this field; to identify the important stuff that’s taking place in this sphere; to build a community of like-minded individuals who are passionate about arts and see them as the summum bonum of their lives…The idea is to make it self-sustainable over a period of time; the idea is to build a space for this. Since our resources are limited, we do limited stuff. We are choosy, but we are trying to bridge that gap. We strive to acknowledge and appreciate the established voices as well as identify and promote the emerging talents in every field.”

Shireen sounds determined to carry on, to take her digital magazine to greater heights, along that undying earnestness cum commitment that dreams ought to be fulfilled, no matter what hurdles stand in the way or what punches come along the way!

Her rationale — “I’d say the struggle is a part of any such venture dedicated to arts. It’s a self-funded initiative. I have been using my savings. It’s extremely tough, I’d admit… It needs a lot of determination, obstinacy and tenacity to keep up. My husband has been very supportive. We have a five-year-old son and if I’m busy with my work or travelling on work related trips, my husband takes care of him.”
• • •
I have been sitting introspecting: why don’t we encourage more and more young women to start off, get — set — going with their dreams! Why should they go running after the traditional set of careers when there are so offbeat options out there.All that one needs is self -confidence and a compatible companion to give that cushioning. I believe that emotional support is far more crucial than financial support, especially if you going up a new path and too along an unfamiliar terrain.

letters@tehelka.com

Jokes on communities have never been funny

Girls with laptopHumour — in all its formats including a cartoon, a video clip or an Internet meme – has become an integral part of the social media. People quite frequently and freely share jokes on Facebook, WhatsApp and other mobile and online applications, often not knowing who created those humorous items or initiated their transmission in cyberspace. Majority of the people look at them as a small break from their monotonous daily routine, but some see it as serious business. These jokes, no doubt, influence us in ways beyond having a good laugh.

A handful of people raise awareness about social problems and their solutions through these creative pastimes. But not everyone uses them for societal benefits. While corporate players use humour to promote their products and services and beat their rivals, political parties and social scientists utilise it to strengthen their position among the masses and spread negativity against their opponents. Some times, these social media posts are used to spread lies about particular individuals or communities. At other times, they are derogatory and blasphemous in attempt to stereotype few people or a section of the society; more so, during election campaigns.

Most of the times, jokes among colleagues or friends taking aim at bosses or politicians are harmless. They may even be downright hilarious with a positive bonding effect for those who get the humour. But there are situations when such humour produces negative effects, and these are not necessarily about the impact on individual physical and mental health. Jokes that result from prejudice or purportedly humorous statements that are highly insensitive and offensive to race and religion can result in dismissal, disharmony, distrust and even death. Practical jokes in the form of fake news on the Internet may be funny to those propagating them but can end up wasting public resources or causing serious damage in crisis situations.

This is not to say that the trend of making fun of others is new in India. Stereotypes of ethnic, religious or caste groups had been rampant even before the advent of Internet and social media. People had always been making sweeping generalisations — and jokes — about compatriots from other communities and groups. Bengalis, for example, are considered loquacious book lovers, all talk and no action. Gujaratis are believed to be shrewd business-minded people. Parsis are treated as eccentric, with an unusually high proportion of unmarried men. South Indians are mocked for their strong accents and their dependence on coconut oil. The latest victims of the humour-mongers are Muslim men, who are being accused of divorcing their wives at the drop of a hat and so-called love jihad, etc.
But the Sikh community, which constitutes only around two per cent of the country’s total population, has been the worst target of these jokes, particularly after the 1984 riots. Since late nineties, when the Internet became popular in India, hundreds of websites dedicated exclusively to ‘<Sardar> jokes’ have come up. The community, however, did not find it funny and filed a public interest litigation (PIL), seeking a ban on Sardar jokes’ promulgation both online and offline.

In 2015, a two-judge bench of the Hon’ble apex court — headed by Ex-Chief Justice TS Thakur — had agreed to hear the PIL. In the list of contentions drawn out by Shiromani Gurudwara Prabandhak Committee (SGPC), issues like “racial profiling” and “bullying/ragging” were highlighted. It was welcomed by the then chief justice. However, the March 2017 hearing in the PIL by a bench headed by Justice Dipak Misra dashed all hopes of a complete ban on Sardar jokes. The apex court observed that it had no right to frame guidelines on the issue and asked the aggrieved to opt for alternate mechanism like section 67A of the Information Technology Act, 2000 or to seek justice under the relevant sections of the Indian Penal Code (IPC). “If anything is surfacing on social media, anyone can take a recourse under 67A of the IT Act or under the IPC. How can we, under Article 32, lay guidelines and what kind of guidelines should be laid? We are not getting into concept of joke and all. Question is what kind of guidelines this
court can lay down?” asked Justice Dipak Misra, the current Chief Justice of India..

In another petition filed last year, a student of Amity Law School complained of how the Gorkha community is typecast with “a topi and khukhri” on the Internet. “This court cannot lay down moral guidelines for citizens. People must have mutual restraint. The law is the same for all in this country,” an apex court bench of Justices Dipak Misra and R. Banumathi had said last year.

This, in a way, closed the door for a blanket ban on any kind of humour, even if it has a very negative impact on the image of a particular community. The litigant may go to court on case by case basis. Thus, lack of guidelines to regulate ill-intentioned humorous content on the social media has made individuals and communities more vulnerable to online punny attacks. Constant stereotyping, as per senior advocate Harvinder Choudhary, holds the growth of a particular community and affects it in the long run. The only easy way out seems to counter-respond the aggressor in the same tone.

But that’s not the solution. After all, the Scheduled Castes and the Scheduled Tribes have a vigorous law to protect them from insults. It can be done to safeguard the image of other communities too. The court, as Justice Misra had then put it, cannot frame moral guidelines on how people should react to jokes. However, the Parliament has complete authority to make legislations required to curb misuse of freedom of speech and punish those who disrespect fellow citizens online and offline.

At the individual level, social media users also need to act more responsibly and should not fall for the hate, propaganda and lies spread on cyberspace. An army of sincere Netizens may help curb rumours and make the general public aware about why and how they should crosscheck every post and joke shared with them in the cyberspace. Smiling at the cost of someone else’s dignity may hurt the social fabric of society. Responding and counter-responding to a negative post will turn the whole activity into a vicious cycle of hatred. A witty, but graceful and harmless, response should be enough for any cartoon, video clip or Internet meme aimed at you or your community.

letters@tehelka.com

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