Indian Political Discussion

These disputes have been there even before Indian constitution was adopted. therefore the statute of limitation is not applicable as the court cases have been pending for a very long time.

Sir, the statute of limitations does not emanate from the Indian Constitution but from common law. A dispute from ancient times can be brought into the current legal framework, but there must be a point of entry, and certain things must then apply. This dispute had to have been a dispute protested in a court of law from the time that courts of law in the British system were established, that is, in this case, from the date of establishing the High Court in Calcutta. If that was not done, if the dispute was re-entered into the legal system, then either party can plead that limitations apply. That is what has happened.

What it means is that the Supreme Court ruling on it being an encroachment is impossible. It is like asking for the consequences of the Norman Conquest to be reversed. Or, the last and most recent British example, the assumption of the monarchy by George I, formerly Elector and Duke of Hanover; that did not serve as a fit occasion to reverse the doings of the previous monarchs.

The same principle applies here. The Supreme Court may well rule it to be owned by those who would build the temple, but it is far from an automatic conclusion.
 
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Of course they do. But the law currently applicable is what is applied. And that makes the Statute applicable.

I think, this is the concerned clause you are talking about. I will refrain from interpreting it, because am not a competent authority for the same.

Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.
 
I think, this is the concerned clause you are talking about. I will refrain from interpreting it, because am not a competent authority for the same.

Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.

It means that if somebody is caretaker of a trust property, he/she can be sued for rendering accounts relating to the property, or for accounting for sale of the property and disposal of the proceeds, without any bar. In other words, in cases where the trustee has to submit accounts, there is no limit to the length of time after which he may be asked for an account.

If somebody is trustee for a property in which you have an interest, and he has been dealing with its income and its deployment, or he has sold part or all of it and is sitting on a lake of cash, and you think he's been up to no good, or you simply want to know, you can file suit 10, 20, 30 - any number of years later, it doesn't matter.

Doesn't quite apply here.
 
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By Manoj Joshi on 11/02/20188 Comments

In this crowded region of South Asia, we must find sufficient space to swim together, or we are doomed to sink separately.
yogi-adityanath_reuters.jpg

Adityanath, chief minister of Uttar Pradesh, holds a lamp as he performs aarti on the banks of river Sarayu in Ayodhya, India, May 31, 2017. Credit: Reuters/Pawan Kumar

The fact that communal violence is rising in India is not hidden. Even the government acknowledges that there has been a steady uptick in communal incidents. In response to a question in parliament on Tuesday (February 6), minister of state Hansraj Ahir disclosed that as many as 111 people were killed and nearly 2,500 injured in 822 communal incidents in 2017, as compared to 751 incidents in 2016 that took the life of 97 people and 703 in 2016 when 86 were killed.

It is not surprising that this is happening , given the deliberate strategy of polarising the populace through a variety of means ranging from cow protection to tiranga yatras, where gangs of young men barge into Muslim localities armed with the national flag (and a sprinkling of saffron ones as well) and raise anti-Pakistan slogans to taunt Muslims.

Even foreign policy is being held hostage to this, in the manner that Pakistan is consciously conflated with Muslims and a drumbeat of hostility is being maintained towards Islamabad for what are clearly electoral purposes, as became evident during the recent Gujarat assembly elections or earlier through the so-called surgical strikes in the Uttar Pradesh poll.

Despite, or perhaps because of, this, what is striking is the common sensical and decent approach of the common man. This has come out most recently through two incidents.

In the Kasganj incident, a tiranga yatra clashed with a flag-hoisting ceremony in a Muslim neighbourhood on Republic Day, leading to the death of a young Hindu man, Chandan Gupta. Thereafter, Muslim houses and businesses were deliberately attacked and set on fire. The situation was so troubled that even the governor of UP, senior BJP functionary Ram Naik termed it a ‘blot’ on the state.


Whatever the Adityanath government may have said or done since to control the situation, what stands out is the steady refusal of the Gupta family to use the incident to promote communal hatred. Gupta’s bereaved sister Kirti told the Times of India that “there should be an end to ‘tiranga yatra’ if it’s leading to violence”. For her pains, Kirti said that her family had been threatened by unknown persons.

The other incident relates to an honour killing in Raghubir Nagar, New Delhi. A young Hindu man, Ankit Saxena was stabbed to death by the family of a Muslim girl he was in a relationship with. Once again, the bereaved family has gone out of its way to insist that the incident should not be given a communal tone. Efforts are being made by some communal elements to demand the expulsion of Muslims from the locality, but they are being stoutly resisted by residents.

What has been happening has been graphically brought about by two courageous district officials. In the first instance, a district magistrate in Bareilly Raghavendra Vikram Singh spoke of the “very strange trend” where people “take out processions by force through Muslim dominated localities and raise anti-Pakistan slogans” in a Facebook post. Subsequently the post was deleted.

Another young officer, Rashme Varun, posted on the provocative tactics of hiding behind the tricolour and the mask of nationalism to promote the “bhagwa (saffron)” agenda. No doubt, the officers exceeded their brief in posting on a political issue in this manner.

BJP-flags_PTI.jpeg

File photo of a BJP bike rally. Credit: PTI

A breakdown of communal peace in UP and this part of northern India can only have the most serious consequences for the region and the country. If a handful of militants in Punjab, a state where the Hindus are a large minority, could hold the north hostage for an entire decade between 1985 and 1995, consider the consequences of militancy in a region from New Delhi to the Nepal border comprising of the districts of Saharanpur (Muslim population 41.95%), Meerut (34.43%) Moradabad (47.12%), Bijnor (43.04%), Jyotiba Phule Nagar (40.70%), Muzaffarnagar (41.30%), Rampur (50.57) and Bareilly (34.54) – which would together constitute the area of a country as large as Albania.

This is a fraught region, historically. Its elites played a significant role in the creation of Pakistan, but the average Muslim voted with his feet and remained in India. Yet, for the role of a handful of their co-religionists, their descendants have been placed in a permanent purgatory, with their religion and culture derided and their nationality questioned. The region has witnessed repeated instances of communal violence – Moradabad in 1980, Meerut in 1982, 1987 and 1990-91, Bijnor in 1990, and Muzaffarnagar in 1988 and 2013. In many instances, the clash arose out of trivial events, but in some, there was deliberate provocation.


So far, these instances have been in the form of cycles of violence. Even though there was significant loss of life, they were brought under control. But given the current dispensation in the state, which is seeking to create a vote bank of the majority, there is danger of mass violence which would be nothing but disastrous.

The primary lesson of the bloodletting of Partition should have been the importance of learning that for the subcontinent to flourish, its various communities must be at peace, something that is as much the responsibility of its minorities, as its huge majority community.

The Indian Muslims of today are not going anywhere. According to a study conducted at the University of South Australia, the population of Hindus in India will rise 36% to 1.03 billion in 2050, while that of Muslims will go up 76% to 310 million, the largest in the world. The Hindus will still be a huge majority comprising 77% of the population, even though nationally the proportion of Muslims will rise from 14% to 18%.

By now it should be clear that high population growth is a function of backwardness. The challenge this presents is obvious.

The lesson from these figures is that people will simply have to get along. Fantasies of “ghar wapsior expelling Muslims to Pakistan and Bangladesh, are precisely that – illusions. In this crowded region of South Asia, we must find sufficient space to swim together, or we are doomed to sink separately.

Short-term polarisation for electoral gain is the worst of the options that our politicians confront. But, sadly, unless they soar to the level of statesmen like Jawaharlal Nehru, they usually tend to take the lowest path.

Manoj Joshi is a Distinguished Fellow, Observer Research Foundation.

The BJP Is Playing With Fire, It's the Decency of Ordinary Indians That's Saved Us So Far - The Wire

@bonobashi @BlackOpsIndia @Tatvamasi @Hellfire @Bharath
 
The Rising percentage of Muslim population will create conflicts

That is a fact and reality that must be accepted

Let The Census figures come out in 2021

And then let us talk ; OSTRICH attitude will Not help
There is no ostrich attitude, I have faith in humanity. And I'm brave and kind enough to be secular. My ideal is Shivaji and Shivaji was secular.
 
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There is no ostrich attitude, I have faith in humanity. And I'm brave and kind enough to be secular. My ideal is Shivaji and Shivaji was secular.

Good for you ; But how would you Convince Hindus that
The Demographic changes that WILL be evident and will be recorded in the census figures
are Harmless

As I said ; wait till 2022 when Census figures come and then
see what happens
 
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counter point article:
Newslaundry | Sabki Dhulai

In July 2013, communal violence flared in Nanglamal near Meerut in Uttar Pradesh (UP). Two people died and a dozen were injured when Hindus and Muslims clashed over complaints by the latter group of music blaring from loudspeakers outside a temple. The incident erupted into violence when a few Muslims switched off the temple loudspeaker and a Muslim mob beat up a few temple-goers.

This is but one example of communal violence in the tinderbox state of UP. The state is replete with incidents of communal violence over flashpoints such as music, procession routes, rumours of cow slaughter, of temple idols or the Quran being desecrated and so on. In each case, there’s a spark which lights the tinder, police are either inept or look the other way and local politicians who are leaders of different communities try to profit from the mayhem.

The most recent such incident which galvanised the nation was the lynching to death of a Muslim man in Dadri by a Hindu mob because he was suspected of having cow beef in his home.

In October 2014 in Bangalore in Congress ruled Karnataka, a well-known anti-cow slaughter activist was attacked and beaten by a Muslim mob for merely distributing his book arguing against cow slaughter.

Violence around consumption of meat need not even have a communal angle. In September 2014, in Bhopal in BJP ruled Madhya Pradesh, a group of female Muslim activists from the People for the Ethical Treatment of Animals, calling for a vegan Eid, were threatened with stoning and stripping by a mob of Muslim men. One of the activists was badly roughed up.

In UP alone, incidents of violence associated with rumours or allegations of cow slaughter, which is illegal in that state as in many other Indian states, are legion. For instance in 2008, in Agra, riots broke out between Hindus and Muslim, after the mysterious deaths of seven cows. According to one report, a Hindu group present on location claimed they were protesting peacefully when stones were pelted at them by a Muslim mob.

It’s noteworthy that a firestorm of criticism has been directed towards the Bharatiya Janata Party (BJP) after the Dadri incident, some of it justifiably because of irresponsible statements made by some of its leaders and Modi’s prolonged silence. But the commenting class has completely let the Samajwadi Party (SP) in power in UP off the hook. One is led to believe that somehow Modi and the central government are to blame for a law and order failure in SP-ruled UP.

To put matters in perceptive, data from the Ministry of Home Affairs on communal violence tells a very sobering tale. As summarised here, there were 668, 823, and 644 incidents of communal violence nationwide in the years 2012, 2013, and 2014 respectively, the last three full years for which we have data. In each of these three years, UP recorded 118, 247, and 133 communal incidents, which resulted in 39, 77 and 26 deaths respectively, and, 500, 360 and 374 injuries respectively.

While UP has the dubious distinction of leading the nation in these statistics in absolute numbers, it must be noted in per capita terms, the state is not always the worst performer because it’s a large state.

Looking at incidents, UP’s share of the total is 18%, 30% and 20%, in these three years respectively. Given that UP accounts for approximately one fifth of India’s total population, you would expect incidents of communal incidence in the state to be in accordance with its population share. In 2012 and 2014 that was indeed the case, but in 2013, the year in which widespread communal violence took place in Muzaffarnagar, its share was much higher.

We can get more precise information on which states exhibit more communal violence than their population share by comparing each state’s incidence of communal violence with its share of the population over each of the last three years. (See charts for all states and union territories for the years 2012,2013 and 2014 respectively. Each dot represents the incidence of communal violence in a given state in a given year from which is subtracted its share of the total population of the country. The line through zero would be a state, which has the same incidence of communal violence as its share of the total population. Dots above the line represent states that have greater incidence of violence than their population share would suggest, and similarly, for dots below the line representing states that have a lower incidence of communal violence than their population would suggest.)

This statistical exercise reveals that as noted UP is slightly above average in 2012, 2014 but a huge outlier in 2013, a year after Akhilesh Yadav of the Samajwadi Party became chief minister.

Chart

Other states in 2014 that exhibit a greater share of communal violence than their population would suggest, apart from UP, include Gujarat, Karnataka, Madhya Pradesh, Maharashtra and Rajasthan. Of these Gujarat and Madhya Pradesh have long-standing BJP rule, Karnataka is Congress-ruled, while both Maharashtra and Rajasthan switched from Congress to BJP-led governments in 2014.

Recall that law and order is a state subject, so the political stripe of the party in power in a state is as relevant, if not more, than the party in power at the centre when looking at law and order disturbances. Looking at this data, it’s impossible for a fair-minded person to assert that there’s a greater prevalence of communal violence in either BJP or Congress ruled states.

Nor is it possible to assert on the basis of the available data, that there’s been some sort of upsurge in communal violence since the election of Narendra Modi and the BJP-led government at the centre in May 2014. There have been some dubious attempts to make such an assertion by looking at truncated and incomplete data. Thus it was asserted that communal violence increased by nearly 25% in the first five months of 2015 under the Modi government as against the first five months of 2014 during the last days of the UPA. The actual raw numbers are 287 incidents in January-May 2015 as against 232 incidents in the corresponding period 2014.

Leaving aside the fact there’s a relatively small absolute difference between the two numbers and there’s no way to know if the difference is statistically significant, the larger point is that by comparing any two arbitrary time periods, one can get just about any result you want. Thus, by using Ministry of Home Affairs data of the type analysed here, but using different start and end dates, one could reach a politically motivated conclusion like here that there’s a higher incidence of violence in states ruled by one political party or another.

To take an extreme case, suppose we compare March 15 across any two years and find that there was one incident last year and two incidents this year on that date. Would we then be entitled to assert a 100% increase in communal violence on that day? Of course, not. That would be like comparing the temperature on two different days a year apart and asserting that climate change is or is not accelerating. But yet Indian journalists, no doubt keen to score a political point, run with such comparisons.

Even more egregious are Indian journalists who claim that somehow communal violence associated with cow slaughter or other flash points is something new on the Indian scene since the election of the Modi government, whereas in point of fact there’s a long history of communal violence and indeed violence of all kinds in places like Uttar Pradesh and elsewhere.

Here a well-known data journalist who presumably ought to know better seems to be arguing that death instigated by issues surrounding cow slaughter is something new, whereas as we’ve seen it’s been a communal flashpoint for decades if not for centuries, at lease since the mid-nineteenth century when British colonial rulers stoked communal tension between Hindus and Muslims over cow slaughter issue as part of their wider divide and rule strategy. You just have to pick up a history book.


There appears to be what can most charitably be described as selective amnesia or, more likely, an agenda driven selective presentation of facts with the aim of trying to discredit the Modi government by creating the false impression that communal violence and intolerance is on the rise since their advent.

You have to ask the Sahitya Akademi award winners who’ve been returning their awards claiming that communal violence is on the rise in India, where are they getting their facts to make this assertion? Or is it a politically motivated stunt to generate publicity?

As I’ve shown, there’s absolutely no statistical basis on which to make such an assertion. The truth is, as any serious scholar will tell you, we’ll have to wait for years and decades of data to say whether there’s been any kind of change in the trend of episodes of communal violence in India or not. So anything you read that says there’s been an increase in communal violence is driven not by fact but by propaganda.

So much for claims about increase in communal violence in Modi’s India. But what we can be sure of is that perennial flashpoints between communities such as music, processions and so on will be spun as new and dangerous sources of conflict with no basis in historical understanding. Reader, take note.

Far from solving the sources of communal violence, such as an agenda-driven media narrative only serves to reinforce stereotypes and clichés. Meanwhile those who live in communally-sensitive and violence-prone areas in UP and other states serve as little more than pawns in a political game played by politicians and abetted by the media. Whether the BJP win or lose in 2019 or in upcoming assembly elections, the law and order problem in UP is not going to change anytime soon. UP will remain an exemplar of a massive governance failure. That’s the tragedy of a politically motivated mainstream discourse on communal violence.
 
minister of state Hansraj Ahir disclosed that as many as 111 people were killed and nearly 2,500 injured in 822 communal incidents in 2017, as compared to 751 incidents in 2016 that took the life of 97 people and 703 in 2016 when 86 were killed.

communal violence incidents in 2013: 823, killed: 2269
total population of India in 2013 << population of India in 2017

by increasing population and same number of communal violence, the % of communal incidents has either remained static or gone down.

source:
Number of Communal Incidents, Persons Killed/Injured Therein from 2013 to 2016 (January) (From: Ministry of Home Affairs)
Number of Communal Incidents, Persons Killed/Injured Therein from 2013 to 2016 (January) (From: Ministry of Home Affairs)
 
@Infowarrior

How about opening a dedicated anti-BJP thread and keep on posting there? I can personally help you creating one and ensure it stays there.

@nair @Aashish Either lock this thread too or open this thread :News - Modi vindicated as IIM study debunks jobless growth theory, says 15 million added to labour force yearly


You cannot allow the spamming of Anti-BJP and Anti-Modi threads but whenever pro-BJP or Pro-Modi threads are opened you close these threads, people like bonobashi and infowarrior disrupt those threads and you lock those threads. We can do the same too if that is how this forum is going to work.
 
Decency of ordinary Indians was what saved this country under the 60 long years of kleptocrat leftist scamgress dynasty....so that will change abruptly?

Go have a cry in mommy's lap if you dont enjoy non-family run political party taking back political space for the common man (which is the whole point of democracy right?)....there is no place or time for your lots antics anymore...country moves forward, you are left behind....and you are to blame (because you wail and wail about losing, but never try to figure out why and what needs to be introspected and changed from your end)....buck stops with you losers....crying and clinging to some personal perception of secular shivaji or whatever other thing you think you have read about and neatly put into your little thots box....lol.

If you have a leader that can convince people in top-down format to your ideology, put that person up, explain him/herself and accept the verdict of the people humbly....but nope can't do that.....has to be from same stupid family no matter how much of a retard person "in line" is....and then scapegoat entire electorate when they throw him back in your stupid face....but explain the progress/status quo of the other side on the ground being "decency of ordinary indian"...because yer all butthurt about it.

I just want to see your face when you see muslims in BJP party and muslims voting for BJP. That rage you have inside must be extra good....all that time and effort spent vote buying and they nowhere near get fully get behind your sick agenda...but think for themselves.....dayum!... That gives me the most hope for "decency of ordinary Indian" than anything else does....while you are busy clinging and weeping about EVM hacking theories.

When the going get tough, the tough get going.....clearly you lot are anything but tough....waaaah waaah waaaaah, bullies and baddies...waaah on friggin non stop rotation....its never your fault for anything.....expect everyone to give clean chit and free political ride given that you did the same thing (as you define it now) but worse for so much longer....because yer "intent" is good in some warped way you have defined it. Boo frigging hoo.....thanks but no thanks....just play your anti-incumbency waves as much as you can while you shrink, atrophy and mummify over time like the worthless has-beens you are (and something hopefully better takes your place). You squander golden opportunity after golden opportunity over decades and you want to keep having a go like a friggin spoiled brat...and ppl should just have trust in you....yeah bugger off....doesn't work like that.....Indian public are your daddy now...get used to that.
 
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@nair @Aashish it's been years I trolled targeting specific audiences. With you permission I would like to start a dedicated thread on Sickulars, Pappu, congress and anything that is related to pro modi and start exhibiting my talent of pissing off ppl. I want assurance from you that you won't block my thread.
If you're going to allow anti modi propaganda to take over the forum please allow me to run my own counter propaganda to balance it. I'm sure many on this forum are ready to give me a hand.
 
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Amazing info. If that is the case we should prepare for a civil war also no?? Because anyone can use this as a way to destabilize Bharat, which is what I thought was the reason for delaying this, because we were militarily weak before, not so much now, but still, we have weak internal police system who are not properly armed, and also our military is strained at the border. Is this the right time?? I hope we time it after the war with Pakistan since the *censored*s will be demoralized after defeat in war, and this might result in their permanent demoralization.
There will be no problem if SC delivers its judgement in favour of Hindus and Muslims will have to accept the law of the land. It is them who have brought it upon themselves by refusing an out of court settlement.
 
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