Section-377 pertaining to unnatural carnal liaison has been struck down by the apex court and LGBTs as a living entity in society recognised for the first time in history. It was a British legacy, crudely drafted and implemented hitherto with it’s effectiveness hardly visible or measureable. Language of Section-377 betrays cruel intentions of British-Occupiers of the country to rope in as many Bharatiya-s as possible to humiliate and torture them when they had absolutely no business to stay in the country at all. After the legacy survived for one and a half century, it’s annulment by the apex court quite logically led to an outburst of joy all over. However, after the crescendo of joy petered out, thought-provoking intense questions remain, what next ? Was the outburst of joy premature, immature or outright justified ? Did Supreme Court examine the issue in a comprehensive manner encompassing future course of actions to be initiated by Government ? Or they just nullified the ill-contrived law and left it at that for others to brainstorm as well as blamestorm ??
After cursorily traversing through the judgement I concluded, widespread belief that Bharatiya Judiciary delivers only judgements and not at all Nyaya, is absolutely accurate. The judgement is not only entirely out of sync with Prakriti, it violates fundamentals of dignified human existence. Definitions of fundamental rights / individual liberty are so water-tight and pedantic that it condemns LGBTs to be proud of being / born as LGBTs and remain perpetually indebted to the Almighty for being LGBTs !! Unnatural phenomena have been declared absolutely natural and liberated to remain unnatural throughout in the name of rights and individualities. And I am not dismayed by utter absence of vision / foresightedness in the judgement because it is essentially a ‘judgement’ and not ‘Nyaya’ at all as the judiciary itself is a British legacy seeped in ‘Buckingham Palace’ orientation and not our rich Sanatana heritage. The judgement copiously refers to ‘Gora-Firangi’ quotable quotes superficial at best and puerile at worst. I am sure, Supreme Court Justices must have discovered themselves abundantly exalted and privileged while referring to those silly quotable quotes.
The Nyaya that ought to have been delivered to LGBTs but was not delivered as a measure of ‘miscarriage of justice’, ought to have been based on undermentioned premises –
While apex court was right in decriminalising ‘Conduct-377’, it failed to declare it unnatural. As a matter of axiom, it is unnatural and it should have been declared so quite eloquently. Certainly they are not criminals and least of all, life imprisonment for the ‘crime’ of ‘Conduct-377’ is entirely atrocious stipulated in Section-377 of IPC hitherto. The Section grossly violated fundamental values integrated in our ancient heritage.
After declaring ‘Conduct-377’ unnatural, apex court should have focused entire narrative running into scores of pages and precious judicial time to suggest / advise Government on rehabilitation protocols for these citizens of special abilities. Just as Government had been merely reactive and not aggressively active on this welfare front, Supreme Court too had been merely reactive in their judgement. Unless injustice is challenged by people of affluent means and resources, neither judiciary nor Government condescend to address serious issues of injustice largely afflicting deprived ones and so many of them still outstanding.
They should have called upon the Government to undertake compulsory clinical examination of all LGBTs. Those who can be surgically rehabilitated, must be rehabilitated and allowed to live a normal life.
Court should have ordered mandatory psychiatric examination of all members of the community. Those who can be rehabilitated through psychiatric treatment, must be rehabilitated and allowed to live a normal life.
Educational / awareness programmes must be conducted throughout the country to sensitise parents / teachers towards any sign of ‘Conduct-377’ in kids. Any such tell-tale sign must be taken seriously and sympathetically to initiate remedial measures immediately. Once upon a time, such awareness programmes were extensively conducted for AIDS. The obnoxious disease must have been eradicated from the country completely as no more such programmes are visible. May be the scourge of AIDS has been banished from the country completely !!!!! LGBT phenomenon can never be eradicated with finality. It will exist forever and our remedial / rehabilitation protocols must be strong and efficient.
Apex court must have ensured, there is absolutely no discrimination in any sector of economy when it comes to employment / livelihood opportunities for LGBTs. They could have instructed Government to enact relevant laws with a monitoring mechanism in this regard.
Supreme Court ought to have stipulated, LGBT marriages are not acceptable or allowed by law under any circumstance as sanctity of marriage as an institution is inviolable. However, if LGBTs decide to live together for the sake of company or otherwise, it should not be regarded as a criminal offence. LGBTs whether single, double or multiple, must not be permitted child-adoption. There is no merit in allowing a normal child to be adopted by LGBTs and grow up abnormally with adopted LGBT parents.
Apex court must have ensured, there is absolutely no discrimination against LGBTs with respect to any social / economic / political opportunities / benefits available in the country to all others offered by the Government.
Apex court must have ordered, absolutely no discrimination against LGBTs when it comes to property inheritance laws. They must be entitled to inheritance like anyone else in normal course of life.
Supreme Judiciary ought to have ordered stringent punishment for all offences related to personal humiliation or slur inflicted on LGBTs on the lines of SC / ST Act.
Spirit of the judicial intervention and wisdom if any, should have ensured, LGBTs are treated equally like anyone else barring their physical / psychological limitations with comprehensive guidelines. That would have led to a healthy rapport between LGBTs and non-LGBTs as well as dignity / self-esteem for the community. Unfortunately what they have done is to invite variety of views including that of influential overseas funded NGOs / mindless and aggressive activists, views and judgements delivered in other countries, superficial and silly quotable quotes of so-called western intellectuals entirely divorced from indigenous realities, then prepared a cocktail stirred but not shaken !! Consequently, such a serious issue of LGBTs has been dismissed like an unguided missile that will hit anyone and everyone in years to come. Let us hope and pray, judicial wisdom gains greater momentum in future and the tricky issue is re-visited with the objective of delivering Nyaya instead of merely striking down the century old archaic law and leaving the field open for unscrupulous / reprehensible values and considerations.
He has crossed his final round of trial by fire and he has come out of it astonishingly brighter and outstandingly remarkable. Now when nation’s economy has registered 8.2 % growth rate after tumultuous financial surgical strikes viz. Demonetisation, GST, Bankruptcy Code, NPAs surgery etc. leading to perceptible slowdown for almost two years, now that the nation is poised to surpass even Britain in overall size of economy, man in the seat of pilot stewarding the nation deserves highest admiration for plaudits he has earned through his selfless, assiduous work bordering self-torture like an ascetic Sannyasi striving to attain the highest goal of human existence in a remote, isolated cavern in Himalayas.
Hail Prime Minister Narendra Modi of Bharatavarsa, Pracaraka and a Sannyasi politician who has stormed the world and the only politician so far, I have admired unhesitatingly devoid of any inhibition. Even 1001 Gun-salutes shall not be enough for the kind of historic structural reforms he has engineered for the entire nation so selflessly.
The way historic reforms like Aadhaar, Jan Dhan, MUDRA, Swaccha Bharata, Beti Bachao / Beti Padhao, Demonetisation, Khelo India, OROP, International Yoga Day, electrification of entire nation, infrastructure etc. have been carried out, is nothing short of economic surgical strikes in a short span of time after a procrastination of almost five decades by previous regimes. He has travelled abroad so exhaustively to mould world opinion in our nation’s favour, accompanied several Heads of States to iconic places like Aksaradham Mandira, Varanasi, Ahmedabad etc. to expose them to nation’s ancient heritage and elevated the nation to the orbit of an international voice / force to reckon with. Prime Minister Modi has been in a perpetual state of tearing hurry to perform and transform to achieve for the nation, as much as possible, as early as possible and as much as he can. Had it been possible for the Prime Minister to stretch 24 hour day-night cycle to 36 hour / 72 hour, he would have done that at once and we would have been a witness to a very different Geo-eco system in the country !! He has been very sensitive to the wide spectrum of complexities natural as well as Nehru-Gandhi-Vadra Dynasty created, a large army of ‘Naxalite-intellectuals’ mainstreamed all over creating all sorts of problems at every step by following minimum-reaction policy to maintain odds as much even as possible. Given the quantum of mind-boggling / nerve-rattling insults that he had to encounter since 2002, judicial harassment from state capital to national capital, conspiracies to malign and eliminate him…impossible to be withstood calmly while delivering his best possible performance in service of the nation, are truly unbelievable. I believe it, lakhs and crores of natives believe it because we all have been eye-witnesses to all that. All these have led to a piquant situation today wherein world’s best performing Prime Minister is heading the most scrutinised Government in the world dealing with the most wretched Opposition in the world, harangued by the worst media in the world, castigated by the most lethargic and biased Judiciary in the world, pricked and punched so often by the most demanding minority in the world, with no active support from the most cynical majority in the world, lampooned every moment by most pathologically toxic and neurotic ‘Libtards’ in the world, incessantly pontificated by the most venomous intellectuals in the world and voted to power by one of the most gullible and credulous voters in the world…only a Sannyasi at the core of his heart can deport himself so resolutely serene and tranquil without forfeiting his poise attained after years of Adhyatmika pursuits.
Structural reforms for the entire nation unleashed by him are racing towards attaining the goal of ‘Navin Bharata’ leaving Economic Reforms-1991 far far behind. ‘Navin Bharata’ has been visualised as Hi-Tech Rama–Rajya of 21st Century guided by principles of Equity, Equality and Equanimity blending Artificial Intelligence propelled digital Maya of 21st Century with pristine Vedic / Adhyatmika wisdom as ancient as Planet Earth. A typical Bharatiya of approaching centuries will think in his / her mother-tongue, study academics in Samskrita / Hindi and capable of conversing with anyone abroad in polished, fluent English. The kind of homogeneity in society throughout the nation has been visualised centuries ahead among natives, will lead to a situation wherein Unity In Diversity / Secularism shall not only be redundant but also butts of ridicule among citizens !! They would be left wondering aloud as to what prompted us pursue these absurd, divisive ideals at all, centuries ago !! The kind of new generation that is being raised and nurtured, no power on the globe will ever dare to invade the country. Bharata shall be again perched on the exalted position of Visva–Guru. Being Visva–Guru and remaining Visva–Guru is a sort of fundamental right of this nation. It shall be achieved in ‘Navin Bharata’ never to be lost again. Those are the goals Prime Minister Narendra Modi is determined to achieve.
Words like ‘Impossible’, ‘Holiday’…do not exist in his personal dictionary. His tenure as Prime Minister is a refreshing change from the sort of reprehensible politics that the nation had been contending with hoping against all hopes for dawn of a new era. Going steady even at 68, in spite of decades of assiduous nerve-shattering drive, he expects the nation to extract more and more out of him, as much as possible so long as he is alive in the spirit of Maharsi Dadhici being demanded of his bones for the welfare of Sura-s by Indra !! Prime Minister Narendra Modi reminds me of the title God’s Men authored by Nobel Laureate in literature Pearl S. Buck, read in my teens during summer holidays, wherein the protagonist Clem Miller entirely consumes himself selflessly in service of starving humanity. He has already expressed his wish to be consumed in serving his country and it’s masses. May Isvara grant him a very long and healthy life to serve the nation so that he realises all his dreams to perfection.
Idea of Bharata is an all encompassing, all inclusive, comprehensive and profoundly charming conceptualisation of our ancient cultural heritage, adroitly symbolised through Vayam Brahmasmaha i.e. We All Are Brahma and Vasudhaiva Kutumbakum i.e. Entire Universe Is One Clan. It is an idea which is comfortably understandable, capable of catching anybody’s imaginative faculties of positive affirmation and creativity.
Idea of Bharata is adorned with Swa i.e. Cetana at the core of existence in everyone; Janma–Bhumi being greater than Svarga; Viveka–Jnana i.e. discriminative wisdom; Jijnasu i.e. ardent seeker of Viveka–Khyati; Sadhana i.e. spiritual strives to attain Viveka–Khyati; Guru–Sisya Parampara i.e. impartation of Adhyatmika Jnana unto eligible disciples by Guru-s in their Asrama i.e. hermitage through Sruti i.e. orally; intellectual churning at Namisaranya and Sastrartha i.e. intensive debates guided by the aspiration to ascertain truth; primacy of Samskrita as Bhasa whose Varnamala-sounds are imbedded in seven Cakra-s of everyone’s subtle body; entire literature and scriptures authored in all disciplines of knowledge and human activities viz. Veda-s, Upanisad-s, Dvaita and Advaita Vedanta Darsana as well as Purana-s like Valmiki Ramayana, Mahabharata etc.; Sahitya i.e. literature, Kavya i.e. poetry, Natya–Sastra i.e. Drama and Theatre; Tirtha i.e. pilgrimages; Kumbha i.e. massive congregation of devotees to undertake holy bath and forge cultural unity; undertaking of Yajna-s for the benediction of all; tradition of Bhasya-s i.e. narration and re-narration of Sanatana scriptures by erudite scholars; aesthetics and Vedic Nasadiya i.e. aesthetic manifest of human mind; Rasa i.e. infinite divine bliss, Pratibha i.e. dawn of divine grace, Saktipat i.e. dawn of divine faculties; Sakti being worshipped and women adored; descendence of Avatara-s to slay felons and mentor righteous ones; Suhrda i.e. selfless well-wisher; Karma and Karmaphala i.e. actions and proceeds thereof; Svadharma i.e. one’s own mandatory Karma-s; Dharma i.e. righteousness, Artha i.e. wealth and prosperity, Kama i.e. desires and Moksa i.e. ultimate emancipation from Maya i.e. illusory reality as four sacrosanct Purusartha-s i.e. assiduous strives; Punarjanma i.e. re-birth are some of characteristics that define and delineate contours of Bharata as an ancient nation while these characteristics merely constitute tip of the proverbial iceberg. Bharatavarsa is a Rastra i.e. nation and the Idea Of Bharata i.e. Bharatavada may well be construed as Rastravada. Bharata as a Rastra i.e. nation, not only happens to be ancient but also infinite in range and eternal in extent. It was this Idea Of Bharata that was preferred and selected by the Absolute / Eternal / Immortal / Infinite Brahma for the purpose on His incarnations at certain intervals for the benediction of entire humanity. Bharata–Mati is absolutely unique and so sacrosanct because Sri Rama, Vasudeva Sri Krsna, Gautama Buddha etc. were embodied with this Mati alone which today, we ordinary mortals are so fortunate and blessed to share the same with Them in our bodies. Those grand Avatara-s survived on those very grains produced by Bharata–Mati that we eat today to live and work. This one reality is abundantly enough to expound and underscore significance and sanctity of the Idea Of Bharata and why it is so much different from other countries / nations in the world.
Then there was a turning point in the history of this nation when someone in a distant land contrived the Idea Of India, defined that in his own way and gravely attempted to substitute ancient, pristine-pure Idea Of Bharata with his malafide and malevolent Idea Of India. ‘Lord’ Thomas Babbington McCaulay so addressed British Parliament in 1833 in the capacity of Secretary to the Board Of Control Of East India Company, “It may be that the public mind of India may expand under our system till it has outgrown that system; that by good Government we may educate our subjects into a capacity for better government; that, having become instructed in European knowledge , they may, in some future age, demand European institutions. Whether such a day will ever come, I know not. But never will I attempt to avert or retard it. Whenever it comes, it will be the proudest day in English history.” Based on this evocation of McCaulay, I do not subscribe to the view that the Idea Of India was imposed upon the nation by the first Prime Minister JL Nehru. The concept originally belonged to TB McCaulay while Nehru and others of his ilk were mere ‘Channel-Partners’ who planted and nourished it in the country. As a matter of fact, what Independence achieved at the stroke of midnight on Aug. 14 and 15 of 1947, was merely change in colour of skin of those adorning portals of power and nothing beyond. Everything else remained exactly same including mindset of nation’s citizens which JL Nehru and his honourable cohorts never ever attempted to change in harmony with the nation’s original ethos.
Those basics and fundamentals of the Idea Of Bharata mentioned above, were factors that inspired Bharata to go for a highly democratic and decentralised form of governance, autonomous institutions, Dharma and not religion, cult or sect at the core of all socio-economic-political activities as well as for accommodating and assimilating attitude towards people visiting from abroad till we started receiving invaders instead of honourable visitors from overseas. With the Idea Of India being imposed upon the nation, decentralised and democratic form of governance paved way to centralised governance, centralised planning process, State Governments and institutions rushing to Centre begging for grants, laws being enacted from national capital divorced from realities in far-flung regions; Dharma at the core of nation’s polity paved way to sects, cults from overseas with terrible consequences of frequent blood-baths and forced proselytisations; Ananda being substituted by evanescent joy; participating democracy ensuring basics like food, water, health, hygiene etc. as societal responsibilities being withdrawn and centralised as British had trashed it; accommodating and assimilating aptitude towards overseas visitors replaced by forcible acquisition, proselytization, degradation of women and children, destruction of Mandira-s, exploitation of jungles and ravaging environment that were venerable till then…In a sense, entire original identity of Bharata was sought to be forcibly substituted by recently created rootless, self-centred and selfish identities intruding into the country like plunderers and murderers.
This identity is in fact, a composite of several identities intruding into the nation from all corners of the world. As we beheld, it was grandiosely described by cleverly contrived phrases like Unity In Diversity to combat our own Unity In Variety, notorious conspiracy of Secularism to combat our own Sarva Dharma Sambhava, cowardice as Ahimsa to confront our Sastra–Vidya, Astrology to combat our indigenous Jyotisa–Sastra, ancient value of Sahisnuta paving way to subservience and subjugation in the name of Tolerance, morbid Communism in the name of socialism to combat our Kautilya’s Arthasastra, Ekatma Manavavada and Antyodaya, destruction of Gurukula-s to challenge our 100% literacy, so on and so forth. Trail of such violations is starkly ceaseless. This fraudulent Idea Of India engendered divides of so much diversity viz. North-South, Rural-Urban, Majoritarianism-Minoritism, Man-Woman, North East-Mainland, Dravida–Aryana, Vaisnava–Saivite, Backward-Forward, Reserved-General….again shockingly ceaseless. The divide is so deep that all sorts of wild allegations are lobbed at anyone who even utters a word on national unity, One Nation One Identity. Even purely an economic measure of One Nation One Tax through Goods & Service Tax was resisted tooth and nail throughout the nation !! It is this Idea Of India that gifted the nation with unbridled corruption, illiteracy, lack of character / morality and respect for law, crass selfishness and nil commitment towards the nation. It also led to blatant deification of one dynasty as the ruling dynasty on British pattern and suppression of talent in all disciplines of endeavour across the nation. Idea Of India alone is eligible and capable of sinking to the depths of INDIRA IS INDIA AND INDIA IS INDIRA while Idea Of Bharata can only move forward and upward towards glory, reclamation of pristine splendour and the unique privilege of being Visva–Guru climaxing into II JANANI JANMABHUMISCA SVARGADAPI GARIYASI II. It is amply well symbolised by Congress resisting democratisation of Nehru Memorial Museum & Library into Museum For Prime Ministers and ManMohan Singh writing a personal letter to Prime Minister Narendra Modi to spare the Memorial in the name of Nehruvian legacy !! Well, JL Nehru left behind a legacy to be remembered too which in reality happened to be western orientalism emanating from aforesaid 1833 McCaulay’s discourse before British Parliament !! And the western orientalism in reality, mothered weird concepts like secularism and minoritism.
Enough water has flown down Ganga, Yamuna and Triveni. After 70 years of dark era of morbidity and wretchedness, we have succeeded in cognising our real, pristine identity hidden from us hitherto. What really prevents us from throwing away our borrowed, superficial identity in favour of the identity we have been renowned for centuries after centuries ? Hail the identity and Idea Of Bharata.