Letter To President-Pdfs Merged
Letter To President-Pdfs Merged
Letter To President-Pdfs Merged
One must admit that Law, Government, Politics are the phrases not final in any way.
There is a good beyond them-known as Dharma to be followed as Dharma (the main component
of Hinduism) exists for the welfare of all beings. As per Swami Vivekananda - Hinduism is the
mother of all religions. According to Sri Aurobindo - Hindu religion is really the Eternal
religion. Annie Besant says - India is the mother of religions…..It is India that shall be again the
spiritual mother of the world. According to Radhanath Swami - The essence of Hinduism is the
same essence of all true religions: Bhakti or pure love for God and genuine compassion for all
beings. Mahatma Gandhi quotes - Hinduism insists on the brotherhood of not only all mankind
but of all that lives. As early as 1500 -1600 BC in the Isha-Upanishad, it is professed in this
regard as follows: “The universe along with its creatures belongs to the land. No creature is
superior to any other. Human beings should not be above nature. Let no one species encroach
over the rights, beliefs and privileges of other species and else to punish and rectify the faults.”
It is the excellent Ancient Indian (Bharatiya) culture with dharmic path and a good way
of life that guided the Globe even as per the views of several visionaries across the world, to
quote a few of them in the following:
Romain Rolland (French Philosopher) quotes-“If there is one place on the face of this earth
where the dreams of living men had found a home from the very earliest days when men
began the dream of existence, it is India and its culture”.
Mark Twain (an American writer) quotes-“India is the creedal of the human race, the
birthplace of human speech, the mother of history, the grand-mother of legend, and the great-
grand-mother of tradition. Our most valuable and most constructive materials in the history of
man are treasured up in Indian culture only”.
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George Bernard Shaw (Irish Play-Wright) quotes-“The Indian way of life provides the vision
of the natural and real way of life. We veil ourselves with unnatural masks. On the face of
India are the tender expressions which, carry the mark of the creator`s hand”.
Grant Duff (British Historian) quotes-“Many of the advances in the sciences that we consider
today to have been made in Europe were in fact made in India centuries ago and that is the
greatness of Hindu religion with scientific base”.
Albert Einstein (German-born US citizen and Scientist) quotes-“In coming days the human
survival if at all could come to an end anywhere in the universe that could be not from any
result of epidemics or nuclear explosion, but the degradation of human and moral values”.
Needful to say Justice to all beings is in fact, particularly in our Indian tradition since
times immemorial, governed by the concept of Dharma. Ours is a duty bound society to perform
duties rather to claim rights by abdicating duties, though fundamental rights are enforceable as
provided by the Constitution of India, it mainly where if State instrumentalities violate it or for
their appalling silence by in-action for any one or a group in the society takes law to their hands
and or indulge in disturbing public peace or communal harmony or by intruding into the rights,
privileges and privacies of some others. The duty bound society in reality flourishes from its
emphasis to the duties for public good; for powers are conferred on the Instrumentalities of State
to perform duties, under the Doctrine of Public Trust, known as Raja-dharma. It is thereby said
that when the Kings of yore followed Raja Dharma in performance of their duties and enforcing
powers, there be absolute peace and harmony, nature's seasons be in perfect rhythm, the citizenry
feel happy and could pursue their life goals with spirituality, from the famous quotes -
Dharmoh-Rakshti-Rakshitaha, Yatoh-Dharma-Statoh-jayaha, Satyameva-Jayateh, Ahimsa-
Paramo-Dharma, Dharma-himsa-tathaiva-cha – all to mean we have to protect satya-dharmas
if necessary by use of force for wellbeing of all – for non-violence is our first duty and so is
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violence to protect dharma and particularly of Yatha Rajah-Tatha Praja. The edage-“Ahimsa
Paramo Dharma” can only be practiced by Sanyasis who tread the path of Nivritti Marga. It
cannot be strictly practiced even by house-holders. If someone enters the house and molests a
lady, for that matter takes away or damages any article even, a house-holder cannot keep quiet
without exercise of force to prevent or protect and take back from the thief or mischiver or
other criminal that is legally even recognised under the rule of self defence. Similarly, in a
war, a soldier cannot put down his weapons. In either case, Practicing Ahimsa would
be Adharma, not Dharma. Similarly, a king must protect his subjects even if it requires
violence to punish criminals or going to war with neighboring kingdoms if they attack; that
what the Lord Krishna (as per the Epic Mahabharata) clearly stated Arjuna-that ahimsa,
while highly regarded, is not the highest dharma for everyone and certainly not Raja-dharma
(for Arjuna on the battlefield of Kurukshetra). Thus, it is the duty of the king/ruler to punish
those erring and protect the society and subjects of victimisation; else it leads to anarchism
and chaos. Thus, the law should not be seen to sit in limply, while those who defy go free and
those who seek its protection lose hope. So injustice anywhere is intolerable as it impedes the
very survival of the progressive society in the long run. Martin Luther King Jr., quotes that
“It may well be that we will have to repent in this generation. Not merely for the vitriolic words
and the violent actions of the bad people, but for the appalling silence and indifference of the
good people who sit around and say, "Wait on time.” That what the Epic Mahabharata speaks
(as per Telugu padya version of Kavi trayam) viz.,
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Mahabharata and present Kali-Yuga is the fourth one) speaks that, A king who fails in his
duties would bring about chaos in the land, and he shall go to hell. In the epic Mahabharata of
Dwapara-Yuga, it is well laid down that a King who after having sworn that he shall protect his
subjects’ shall not fail to protect them. Even in this Kaliyuga-Kautilya describes the duties of the
King to the citizenry in the Arth-Shastra thus: "In the happiness of his subjects lies the King’s
happiness; in their welfare his welfare; whatever pleases him he shall not consider as good, but
whatever pleases his people he shall consider to be good." The King to mean the three wings of
the Union/States viz., executive, legislative and judiciary, who shall protect those who could
not protect themselves under the parens patria principle.
Thus, keeping the larger national interest - by also keeping in view the moral, ethical
and cultural values, the State/Union has a duty to act within the Constitutional Spirit and
frame work. It is not the meaning of the phrase `FRATERNITY` within the spirit of the
Indian Constitution that minority protection includes disrespect to the majority feelings and
sentiments but for balancing to achieve real secularism with noble thoughts and ideas to
upkeep the Constitutional Morality as well said by several legal luminaries. Justice V.R.
Krishna Iyer, as one such well known even to the common man of this country, in his book
titled the Majesty of the Judiciary (Universal Law Publishing Company Private Limited,
reprint 2013) quoted by his erudition with legal acumen that “our Constitution, rooted in
Noble values of individual dignity and social justice, attempts a happy reconciliation between
the worth of the human person and the survival of the just social order sans which the human
sole has no hope nor the Constitutional vision a mission……… So that governance is best
which commits itself to the fundamental principle that ‘fraternity, assuring the dignity of the
individual’ is the finest essence of the preamble of the Constitution……There is a spiritual
dimension to our Constitutional structure and that is what integrates the sacred wonder of
personhood and the secular egalitarian order………The judicature is invested with vast
powers – writ missiles which hit the target of injustice–to issue directions or orders or writs
‘whichever may be appropriate.…………………… It is fair to hold that a complete
understanding of the supreme values of the Constitution must include Fundamental duties
added later as part IV-A. Indeed, part III, IV & IV-A have certain integrality. The meaning of
the meanings while reading these three parts has a cultural humanism and fraternal
interaction. So much so, finer essence of the constitution is missed if the three parts are
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isolated in interpretation. So, to gain a plenary sense and sensibility of these values, a
semantic synthesis is imperative. Then alone glory to the Articles will unfold the vision and
mission of the suprema-lex………A quote from Max Muller opens the eyes of the West to the
magnificence of India of the ages:……May draw the corrective which is the most wanted in
order to make our inner life more perfect, more comprehensive, more universal, in fact more
truly human a life, not for this life only, but a transfigured and eternal life – again I should
point to India…… Constituent Assembly drafted the Constitution of India with Rajendra
Prasad as the Chairman. Dr.Ambedkar, matchless in Constitutional wisdom, chaired the
drafting committee… The Sovereign Democratic Republic came into active existence on 26th
January, 1950 with Rajendra Prasad as President and Nehru as Prime Minister…… Articles
14, 15, 16, 21, 38, 39 & 46 are manifestation of human rights, although broadly speaking
these and other Articles be read together in a wider sense as guaranteeing the basic value of
equality, free speech and association and the right to life and freedom of faith and freedom of
religion as the fundamental essence of dignity and divinity. As well said by John Ruskin “that
Country is the richest which nourishes the greatest number of noble and happy human
beings.” Then only there is a meaning to the real-secularism to uphold well within the
cherished ideas of the Constitution visionaries rather to think in tune to any pseudo-
secularism.
It is not the material wealth or power or unruly behavior and conduct of any individual
or religious extremism that gives happiness (as per telugu adage - navvutu cheseti tappulaku
edustu phalitam anubhavinchaka tappadu), but concern for others too, for well-being of the
society in which one lives. Here is an inspiring verse on this from one of the greatest Epics
supra–‘Mahabharata Dronaparva’ quoted by King Rantideva and even by Dharmaraja viz.,
“न त्वहं कामये राज्यं न स्वर्गं नापुनर्भवम् । कामये दु ुःखतप्तानां प्राणिनाम् आणतभनाशनम् ॥” it is to
pronounce in English as: Na Tvaham kamaye Rajyam Na Swargam Napunarbhavam Kamaye
Dukhataptanaam Praninam Aatirnashanam - to mean: I desire neither for crown/kingdom,
nor for heavenly pleasures, nor even for salvation by mukti-moksha with no re-birth; for the
only desire I cherish is the cessation of the affliction of the beings tormented by the miseries of
life by eradication of sorrows and sufferings - this quote was what our Prime Minister Narendra
Modiji recited in the Indian Parliament on 27th November,2015 in expressing his commitment
and duty to serve the people of this Country-India-The Bharat.
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In Indian Oil Corporation Ltd. Vs. Shashi Prabha Shukla (Judgement dt.15-12-
2017-it was held by the Supreme Court that: “25. In re, the duties, responsibilities and
obligations of a public authority in a system based on rule of law, unfettered discretion or power
is an anathema as every public authority is a trustee of public faith and is under a duty to hold
public property in trust for the benefit of the laity and not for any individual in particular. The
excerpts from the Fouke’s Administrative Law, 7th ed. at p. 174 quoted further to provide the
elaborate insight.
The Supreme Court in Secretary Jaipur Development Authority v. Daulat Mat Jain,
1996 Supp (6) SCR 584 held as follows: The Government acts through its bureaucrats, who
shape its social economic and administrative policies to further the social stability and progress
socially, economically and politically. Actions of the Government should be accounted for social
morality. Therefore, the actions of the individuals would reflect on the actions of the
Government. The actions are intended to further the goals set down in the Constitution, the laws
or administrative policy. The action would, therefore, bear necessary integral connection
between the 'purpose' and the end object of public welfare and not personal gain. The action
cannot be divorced from that of the individual actor. Parens Patriae Principle is part of it.
In Heller Vs. DOE (509) US 312, Justice Kennedy speaking for the U.S. Supreme
Court observed that the State has a legitimate interest under it’s Parens Patriae powers in
providing care to its citizens who are unable to care for themselves.
The Supreme Court of India Constitution Bench in Charan Lal Sahu Vs. Union of
India-1990(1)SCC 613 (paras 35 & 36), has explained the doctrine in detail. In the Words and
Phrases - Permanent Edition, Vol.33 at page 99, it is further stated that ‘Parens Patriae is the
inherent power and authority of a Legislature to protect the person and property of persons`
non sui juris, such as minor, insane and incompetent persons’.
Let us all hope and trust that the Executive, Legislative and Judiciary perform their
respective duties by rising to the needs of the society invoking the parens patria principle as
available as laid down by the Supreme Court of India supra and the citizenry of the Country
abide by the fundamental duties and rule of law, for peace and harmony by respecting the
religious feelings and sentiments of all with true secularism and real patriotism and may the
almighty and the supreme nature light good thoughts and human values to the human web to
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live in common brotherhood with peace and harmony by respecting the religious feelings and
protecting the ancient Hindu heritage and culture including the temples and deities.
It is not out of context to mention what Sri Nani Palkhivala in his book “We, the
People”, published in 1984, reminded us and the generations yet to come in his erudite words
that: “The Constitution and the Laws are not a structure of fossils like a coral reef and are not
intended merely to enable politicians to play their unending game of power. They are meant to
hold the Country together, when the raucous and fractious voices of today are lost, in the silence
of the centuries.” Dr B.R. Ambedkar also well said in his erudition that – “However good, we
feel, a Constitution may be, it is sure to turn out bad because those who are called to work it
happened to be a bad lot. In reality, there is no failure in any system, and the system fails only
when the men operating the system fail and betray the same.” Professor C.K. Allen postulates
that, “Lacking sustained harmony with public sentiment, sovereign legislation is sovereign
only in name and will soon ceases to be even that”. Thus the legislative teeth with executive
and judicial powers as put together the State shall protect the subjects who cannot protect
themselves by preventing any criminal menace by a few among the citizenry lot.
As crime is a menace to society, crime control is a major task of the State/Union, for
the well being of society. There is a major role the executive has to play for the protection
of those subjects to maintain peace and harmony in society by crime prevention and
criminal control devices by establishing local peace committees etc., at village levels
involving those interested in protecting the victimisation subjects like the Hindu temples,
deities and their properties and protection of milk/milch cattle and agricultural cattle and
especially Cows and Bulls by recognising as part and parcel of national/state domestic
animals, leave about strict implementation of the legislations like prevention of cow
slaughter and prevention of cruelty to animals etc.,
To achieve this goal the State has a duty for maintaining or restoring peace and
harmony in society of common web to educate and reform the unethical and erring persons by
bring them within the legal fold of decriminalization without encroachment of religious faith,
sentiments, feelings, liberty and dignity of others, particularly of the Hindu community, a
majority population in the country, that also what Justice Krishna Iyer well said supra and for
the following:
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A deity is a legal and individual entity/personality from prana-pratista to say as good as
a living being, but for to say like a minor the properties are under management and care of a
trustee-another living being. Otherwise, as per Sanskrit adage – Jnana-Swaroopo-Bhagwan-
Yato-asow, Asesha Moorthir-Natuvastu-Bhootah: to mean the God lives in the idol as gnan-
swaroop-highly intellectual with powers to bless the devotees and not as mere article-vastu
swaroop. A juristic person, as opposed to a “natural person” (that is, a human being), is in fact an
entity whom the law vests with a personality.
In Shiromani Gurdwara Parbandhak Committee vs Som Nath Dass and Others (2000),
the Supreme Court said: “The very words Juristic Person connote recognition of an entity to be
in law a person which otherwise it is not. In other words, it is not an individual natural person but
an artificially created person which is to be recognised to be in law as such.” Gods, corporations,
rivers and animals-have all been treated as juristic persons by courts. The treatment of deities
as juristic persons started under the British, for earlier under sastric law as a human being-a
minor. Temples owned huge land and resources and British administrators held that the legal
owner of the wealth was the deity, with a shebait or manager acting only as trustee. In 1887, the
Bombay High Court held in the Dakor Temple case: “Hindu idol is a juridical subject and the
pious idea that it embodies is given the status of a legal person.” This was reinforced in the 1921
order in Vidya Varuthi Thirtha vs Balusami Ayyar, where the court said, “under the Hindu law,
the image of a deity…(is) a ‘juristic entity’, vested with the capacity of receiving gifts and
holding property”. This status is given to an idol on its public consecration or pran pratishtha. In
Yogendra Nath Naskar vs Commissioner Of Income-Tax (1969), the Supreme Court ruled as
above. Thus, by a legal fiction, “installed deities at Hindu places of worship have been
treated like other real persons for all the purpose of law, including for any harm to the
idols as offences against person/human body under the Indian Penal Code / Other Laws.”
A Hindu idol is, according to long established authority, founded upon the religious customs of
the Hindus, and the recognition thereof by Courts of law, a "juristic entity having the juridical
status with the power of suing and being sued. Its interests are attended to by the person who has
the deity in his charge and who is in law its manager with all the powers which would in such
circumstances, on analogy, be given to the manager of the estate of an infant heir. The Supreme
Court therefrom held that it is unnecessary to quote the authorities; for this doctrine, thus simply
stated is firmly established.
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The Supreme Court further held for other than Hinduism concerned, a mosque has
never been held as a juristic person, because it’s a place where people gather to worship; it is not
an object of worship itself. Neither has a church. The Guru Granth Sahib… cannot be equated
with other sacred books…Guru Granth Sahib is revered like a Guru… (and) is the very heart and
spirit of gurudwara. The reverence of Guru Granth on the one hand and other sacred books on
the other hand is based on different conceptual faith, belief and application. However, it does not
mean those non-Hindus (to say for more clarity any person either atheist or having no faith in
Hinduism) can destroy or damage or even demean a Hindu temple or Hindu idol.
It is not for just deities, but all living being or the abodes of living beings the sanctity
is attached so to respect with reverence and not to hate. The Punjab and Haryana High
Court held in this regard that the “entire animal kingdom” has a “distinct legal persona with
corresponding rights, duties, and liabilities of a living person”. The Uttarakhand High Court
declared that the Ganga and Yamuna would be legally treated as “living people,” and enjoy “all
corresponding rights, duties and liabilities of a living person”, which is a subject matter of
Appeal in the Supreme Court.
Thus a harm to an idol of Hindus in any manner is not a mere harm or damage to an
article or article of antique value, but harm to a living minor being, leave about fundamental
rights available or not, the directives principles of state policy mandates the Union/State
instrumentalities to protect and prevent damage/harm/anticipated or pre-planned harm to the
idols like protecting a human being of the social web, for protecting the fundamental rights of the
Hindu devotees-who are the majority population of the Country. Otherwise, it impedes the
sentiments, faith, belief and spiritual respect of every Hindu and that gives lack of respect to
Union/State and ultimately make the devotees to protect them by necessary extra legal means,
from any abdication of the Union/State responsibility.
No doubt, the Supreme Court Constitution Bench in Sastri Yagnapurushadji And ... Vs
Muldas Brudardas Vaishya-AIR 1966 SC 1119, headed by Sri Justice Gajendragadkar, P.B.
(CJ), Wanchoo, K.N., Hidayatullah, M., Ramaswami & V., Satyanarayanaraju, P. speaking
through CJI quoted with approval Bhagvad-Gita as follows:
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human race towards salvation. The birth of every saint and religious reformer is taken as
an illustration of the principle thus enunciated by Bhagvad-Gita.
By taking this inspiration the Hindu devotees can act, but for their hope of the Union/State
instrumentalities will do complete justice.
In this regard “the task now is not to fix blame on the past, but to device, a recourse for
the future”- as aptly advised by Sir John F. Kennedy. The silence of the Hindus despite the
atrocities on the deities is thus with fond hope that the States will take stern action and protect
their subjects and do restorative justice besides punishing the criminals and recovering from
them the loss and damage caused. I hope said belief and hope is not dwindled.
I do not mean to say that State is not doing anything towards any preventive measures and to
book the culprits, but for to say what action state takes is not making known to them much of the
expected and not making the Hindu Saints and Mathadhipaties as part of any committee to be
constituted to have participatory role as victims of the continuous and non-stop state wide spread
criminal acts of vandalism against the Hindu deities, particularly in the Telugu States, for past
several years to say many acts from more than a decade.
It is, in fact, the Vedic injunction of “jiyaite pare yadi tabe mare prani veda-purane
ache hena ajna vane” to mean “one can take the life of a living being only if he is able to revive
it back to life again by chanting Vedic mantras unless ordained for a grave sin”. It is unknown
what grave sins that committed by Hindu temples and the Hindu idols to anyone in the secular
society either to uproot or destroy or damage by indulging in such grave criminal acts (which
are punishable under IPC and other Statutes as offences against human body) and reeling a
feeling in the minds of the Hindu devotees of why there shall be any state apathy towards
those criminals and had it been taken when such acts taken a begin the situation should not
have been so pathetic as by now.
The Hindu devotees in this country in a general sense definitely awaken from what the
Peetathipathies and Religious gurus’ expressing their concern for this inhuman activities by
few unsocial elements with backing of outside agencies if any; the Sanskrit adages in this
regard speak that- यथा ह्येकेन चक्रेि न रथस्य र्गणतर्भवेत्, एवं पुरुषकारे ि णवना दै वं न णिध्यणत -
‘Yadha-hyekena-chakrena na-radhasya-gathirbhaveth, Eavam purusha karena vina dyivam
na sidhyati’ – to mean “as a chariot (cart) can't move with one wheel, similarly, without hard
work destiny doesn't bring fruit”. The Sanskrit adage from Ashtavakra Gita in this regard
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speaks that-उद्यमेनैव णह णिध्यन्ति, कायाभणि न मनोरथै: ‘udyamenaiva-hi-sidhyanti, kaaryaani-
na-manooratheyi’– to mean “work gets accomplished by effort, industry, not merely by
wishing as the animals don't enter a sleeping lion's mouth”. It is what all going to happen in
the issues concerning uprooting of or destruction or damage or demean to the Hindu idols and
temples in any form dis-respecting the beliefs of Hindus in making their actions within the
justifiable sphere. For more clarity in legal language, belief is what we take the facts to be.
Justification for the belief concerns with Basis i.e. what our beliefs are based on. It is the
common idea that ''truth' is the same as 'belief', where the belief is 'justified' to draw the
inference as true from preponderance of probabilities. The theory of justification is in fact a
part of epistemology that attempts to understand the justification of propositions and beliefs.
When a fact is in dispute, justification can be used to support the claim and remove the doubt
on its truth.
The live statistics available in social media is the justification for several in their
expressing anxiety with deeply wounded feelings from the non-stop damage of the Hindu idols
particularly within the State of Andhra Pradesh, which prompted the author in responding to
them to hope for justice in writing this article while acknowledging the efforts of the Andhra
Pradesh State Government by constitution of SIT to book the culprits and measures to prevent
further criminal acts by any such un-social and anti religious people and with a genuine
suggestion as representing victim-idols and the Hindu devotees that let Dharmik Parishads be
revived as per Section152 of the Endowments Act in force, which concept given birth by the
2008 amended Act by the then State Government under the able leadership of Late
Dr.Y.S.Rajasekhara Reddy garu, Hon’ble Chief Minister of combined Andhra Pradesh by
giving practical life with its constitution and effective functioning. It is thus highly essential to
its revival so to give suitable guidance to the investigating agencies of all the incidents covered
by the Special Investigating Team and other as an apex committee with due representation of
Matadhipathies and Peetadhipatees particularly from respective Vyshnava, Saiva, Sakteya
cults for giving suitable suggestions/guidance on Agama, Silpa, Vastu sastras and for Punah-
pratishta and other religious sacred rituals and also for preventive measures.
The author is the Post Doctoral Fellow(PDF) and former Judge of High Court for the
State of Telangana and presently holding the post of Judge, Judicial Preview for the State of
Andhra Pradesh.
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