Couples who have premarital sex to be considered ‘married,’ says Chennai High Court

The Hindu 18/06/13

If any unmarried couple of the right legal age “indulge in sexual gratification,” this will be considered a valid marriage and they could be termed “husband and wife,” the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex.

The court said that if a bachelor has completed 21 years of age and an unmarried woman 18 years, they have acquired the freedom of choice guaranteed by the Constitution. “Consequently, if any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations.”

The court said marriage formalities as per various religious customs such as the tying of a mangalsutra, the exchange of garlands and rings or the registering of a marriage were only to comply with religious customs for the satisfaction of society.

The court further said if necessary either party to a relationship could approach a Family Court for a declaration of marital status by supplying documentary proof for a sexual relationship. Once such a declaration was obtained, a woman could establish herself as the man’s wife in government records. “Legal rights applicable to normal wedded couples will also be applicable to couples who have had sexual relationships which are established."

The court also said if after having a sexual relationship, the couple decided to separate due to difference of opinion, the ‘husband’ could not marry without getting a decree of divorce from the ‘wife’.

Justice C.S. Karnan passed the order on Monday while modifying an April 2006 judgment of a Coimbatore family court in a maintenance case involving a couple. The lower court had ordered the man to pay monthly maintenance of Rs. 500 to the couple’s two children and Rs. 1000 as litigation expenses. The lower court observed that the woman’s wedding with the man had not been proved by documentary evidence. Hence, she was not entitled to maintenance.

In her appeal to the High Court, the woman’s counsel contended that she was legally married and had two children in wedlock.

Justice Karnan said he was of the view that a valid marriage did not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnised. In the present case, the woman and her husband had no encumbrance or other disqualification for solemnising their wedding as per their customs. For solemnising a wedding, legal aspects should be placed on a higher scale than the customary aspects. In this case, the man had signed in the ‘live birth report’ of his second child and given his consent for a Caesarean section for its birth. As such, he had officially admitted that she was his wife.

“Without legal encumbrance or third party interference or without affecting third party rights, both the petitioner and the respondent lived together as spouses and begot two children.” Therefore, the question of an illegitimate relationship did not arise. Wedding solemnisation was only a customary right, but not a mandatory one. Hence, the judge said, he was treating the couple as spouses in normal life.

“It is not disputed that the petitioner has been a spinster before she gave birth and that the respondent was a bachelor before developing sexual relationship with the petitioner. Both of them led their marital life under the same shelter and begot two children. Therefore, the petitioner’s rank has been elevated as the `wife’ of the respondent and likewise, the respondent’s rank has been elevated as the `husband’ of the petitioner. Therefore, the children born to them are legitimate children and the petitioner is the legitimate wife of the respondent.”

The judge directed the woman’s husband to pay her a monthly maintenance of Rs.500 from the date of petition, i.e. from September 2000. The arrears of maintenance up to May this year should be paid within a period of three months.

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Times of India 20 June 2013

CHENNAI: Two days after his sensationaljudgment on sexual relations between adults,Justice C S Karnan has further elaborated on the order which accords the status of marriage to all such relationships, and said his ruling would help maintain the "cultural integrity of India" and "protect the welfare of women".


On Wednesday, issuing an unusual addendum in reaction to the heated debates it has generated in social media and other platforms, he said: "This court's order does not in any way run against any religion and is not intended to wound any Indian. The order had not in any way degraded the system of marriage performed as per the various religious and customs and rites among the various communities." 

Reiterating his conclusion that sexual ties between a man and woman of marriageable age would raise the affair to the status of a marital union, Justice Karnan said: "If a bachelor aged 21 years or above and a spinster aged 18 years or above had premarital sex with intention to marry and subsequent to this the man deserts the woman, the victim woman can approach a civil forum for remedy after producing necessary substantial evidence to grant her social status as wife. This remedy is not only for the purpose of giving relief to the victim woman but also to maintain the cultural integrity of India." 

Cautioning critics of the judgment, Justice Karnan said: "Law permits the affected woman to initiate criminal proceedings against her paramour for cheating her and deserting her after making a promise of marriage, but there is no provision to approach the civil forum for her remedy. The high court is the apex court of this state and constitutional authority. Therefore, this court has given the legal relief to the affected woman. Without fully understanding the court's judgment, adverse comments shall not be passed." 

But legal experts have questioned the judge's decision to further elaborate on the order and go beyond the scope of the subject to address issues relating to culture. While the order has been broadly accepted to be in keeping with Supreme Court judgments on live-in relationships and maintenance, a senior sitting judge of the same high court said Wednesday's addition ought not to have referred to the issue of 'cultural integrity' and the welfare of women. "The issue pertains to maintenance, and to justify the award he had discussed sexual interaction and status of marriage. But linking it to a larger and intangible issue of culture is unwarranted," he said. There is also the view that such a view of the man-woman relation was liable to be misinterpreted in the subordinate courts.

Muslims that 'minority politics' left behind

KHALID ANIS ANSARI

  

 

The pasmanda’s quest for empowerment will help democratise Indian Islam and deepen democracy in the country

‘Pasmanda’, a Persian term meaning “those who have fallen behind,” refers to Muslims belonging to the shudra (backward) and ati-shudra (Dalit) castes. It was adopted as an oppositional identity to that of the dominant ashraf Muslims (forward castes) in 1998 by the Pasmanda Muslim Mahaz, a group which mainly worked in Bihar. Since then, however, the pasmanda discourse has found resonance elsewhere too.

The dominant perception is that Islam is an egalitarian religion and that Indian Muslims on the whole, especially in the post-Sachar scenario, are a marginalised community. The pasmanda counter-discourse takes issue with both these formulations. In terms of religious interpretation, Masood Falahi’s work Hindustan mein Zaat Paat aur Musalman (2006) has convincingly demonstrated how the notion of kufu (rules about possible marriage relations between groups) was read through the lens of caste by the ‘manuwadi’ ulema and how a parallel system of “graded inequality” was put into place in Indian Islam.

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Also read Sreesanth - A modern day Valmiki

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Caste-based disenfranchisement

As far as the social sphere is concerned, Ali Anwar’s Masawat ki Jung (2000) has documented caste-based disenfranchisement of Dalit and backward caste Muslims at the hands of self-styled ashraf leaders in community organisations like madrasas and personal law boards, representative institutions (Parliament and State Assemblies) and departments, ministries and institutions that claim to work for Muslims (minority affairs, Waqf boards, Urdu academies, AMU, Jamia Millia Islamia, etc). The book also underlines stories of humiliation, disrespect and violence on caste grounds that various pasmanda communities have to undergo on a daily basis, at least in northern parts of India.

Thus, pasmanda commentators contest the two key elements of mainstream ‘Muslim’ or ‘minority’ discourse —Islam as an egalitarian religion and Indian Muslims on the whole as an oppressed community. Islam may be normatively egalitarian but actual-existing Islam in Indian conditions is deeply hierarchical. Similarly, all Muslims are not oppressed, or not to the same degree, at any rate: Muslims are a differentiated community in terms of power, with dominant (ashraf) and subordinated (pasmanda) sections. Consequently, the so-called ‘minority politics’, which has been quite content in raising symbolic and emotional issues so far, is really the politics of dominant caste Muslims that secures their interests at the expense of pasmanda Muslims. Not surprisingly, a recurrent theme in pasmanda narratives is that minority politics has singularly failed to address the bread-and-butter concerns of the pasmanda Muslims, who constitute about 85 per cent of the Indian Muslim population and come primarily from occupational and service biradaris.

The notion of ‘minority’ and ‘majority’ communities in India — read primarily in terms of religious identity — is of modern origin and linked with the emergence and consolidation of a hegemonic secular nation-state project. In this sense, while ‘secular’ nationalism becomes the locus of legitimate power and violence, Hindu and Islamic nationalisms become the sites of illegitimate power. The seemingly epic battles that are constantly fought within this conceptual framework — around communal riots or ‘Hindu’/‘Islamic’ terror more recently in the post-9/11 world — have been instrumental in denying a voice to subordinated caste communities across religions and in securing the interests of ‘secular,’ Hindu or Muslim elites respectively. In this sense, the pasmanda articulation has highlighted the symbiotic nature of majoritarian and minoritarian fundamentalism and has sought to contest the latter from within in order to wage a decisive battle against the former. As Waqar Hawari, a pasmanda activist, says: “While Muslim politicians like Imam Bukhari and Syed Shahabuddin add the jodan [starter yoghurt], it is left to the Hindu fundamentalists to prepare the yoghurt of communalism. Both of them are responsible. We oppose the politics of both Hindu and Muslim fanaticism.”

Faith and ethnicity

The structures of social solidarity that pasmanda activists work with are deeply influenced by the entangled relation between faith and ethnicity. The domains of Hinduism and Islam are quite complex, with multiple resources and potentialities possible: in various ways they exceed the ‘Brahminism’ and ‘Ashrafism’ that have come to over-determine them over time. On the one hand, the pasmanda Muslims share a widespread feeling of ‘Muslimness’ with the upper-caste Muslims, a solidarity which is often parochialised by internal caste and maslak-based (sectarian) contradictions. On the other hand, pasmanda Muslims share an experience of caste-based humiliation and disrespect with subordinated caste Hindus, a solidarity which is equally interrupted by the discourse around religious difference incessantly reproduced by upper caste institutions. Since the express object of the pasmanda movement has been to raise the issue of caste-based exclusion of subordinate caste Muslims, it has stressed on caste-based solidarity across religions. As Ali Anwar, the founder of Pasmanda Muslim Mahaz, says: “There is a bond of pain between pasmanda Muslims and the pasmanda sections of other religions. This bond of pain is the supreme bond … That is why we have to shake hands with the pasmanda sections of other religions.”

This counter-hegemonic solidarity on caste lines is effectively encapsulated in the pasmanda slogan ‘Dalit-Pichda ek saman, Hindu ho ya Musalman’ (All Dalit-backward castes are alike, whether they be Hindu or Muslim). At the same time, birth-based caste distinctions are sought to be transcended from the vantage point of an egalitarian faith: “We are not setting the Dalit/Backward Caste Muslims against the so-called ashraf Muslims. Our movement is not directed against them. Rather, we seek to strengthen and empower our own people, to enable them to speak for themselves and to secure their rights and justice … We welcome well-meaning people of the so-called ashraf background … who are concerned about the plight of our people to join us in our struggle.” It is in the midst of such complex negotiations, the punctuated nature of faith and caste-based solidarities, that the pasmanda emerges as a political factor.

Overall, pasmanda politics has relied on transformative constitutionalism and democratic symbolism to attain its social justice goals — the deepening of existing affirmative action policies, adequate representation of pasmanda Muslims in political parties, state support for cottage and small-scale industries, democratisation of religious institutions and interpretative traditions, etc. Obviously, it confronts all the challenges that any counter-hegemonic identity movement faces in its formative phases: lack of resources and appropriate institutions, cooption of its leaders by state and other dominant ideological apparatuses, lack of relevant movement literature, internal power conflicts, and so on. Also, as Rammanohar Lohia said: “The policy of uplift of downgraded castes and groups is capable of yielding much poison. A first poison may come out of its immediate effects on men’s minds; it may speedily antagonise the Dvija without as speedily influencing the Sudras. With his undoubted alertness to developments and his capacity to mislead, the Dvija may succeed in heaping direct and indirect discredit on the practitioners of this policy long before the Sudra wakes up to it.” These are the challenges that the pasmanda activists face while confronting the ashrafiya-dominated minority politics. However, their struggle for a post-minority politics is on and one hopes it will democratise Indian Islam in the long run by triggering a process of internal reform. The pasmanda critique of the majority-minority or the secular-communal dyad will also contribute to a democratic deepening that will benefit all of India’s subaltern communities in the long run.

(Khalid Anis Ansari is a PhD candidate at the University of Humanistic Studies, Utrecht, The Netherlands. He also works with The Patna Collective, New Delhi, and engages with the pasmanda movement as an interlocutor and knowledge-activist. Email: khalidanisansari@gmail.com)

Bob Willis accuses England of ball-tampering in Champions Trophy

AFP 15 Jun 2013 in TOI

CARDIFF (United Kingdom): England have found themselves at the centre of a tampering row after former captain Bob Willis accused them of scratching the ball.

The alleged incident took place during England's seven-wicket Champions Trophyone-day international defeat by Sri Lanka at The Oval on Thursday when Pakistani umpire Aleem Dar and his New Zealand on-field colleague Billy Bowden ordered one of the balls in use to be changed while the Lankans were batting.

"Let's not beat about the bush -- Aleem Dar is on England's case," Willis told Saturday's edition of the Sun tabloid.

"He knows that one individual is scratching the ball for England -- who I am not going to name -- and that's why the ball was changed," insisted Willis, one of England's greatest fast bowlers.

"Have you ever heard about the batting side or the umpire complaining about the shape of the ball?" added Willis, on of only four England bowlers to have taken 300 Test wickets.

Under current rules for one-day internationals, two white balls are in use for each innings.

Balls can be changed for legitimate reasons, such as being knocked out of shape as a result of forceful hits by batsmen, and are often done so at the request of the fielding side.

However, on Thursday it appeared that it was Sri Lanka's Kumar Sangakkara who complained about the condition of the ball when his side was 119 for two at the halfway stage of their reply to England's seemingly imposing 293 for seven.

England were unhappy as their attack was starting to gain reverse swing, which was key to their opening victory over Australia and is aided by natural wear and tear of the ball, with captain Alastair Cook leading the protests.

However, the replacement ball moved little and Sangakkara went on to complete a superbunbeaten hundred to guide Sri Lanka to victory.

After the match, Cook said: "The ball was changed because it was out of shape. The umpires make these decisions and you have to accept them. Sometimes you don't think they are the right decisions."

But Willis, an England captain in the early 1980s, told the Sun: "How naive does Alastair Cook think we are? He didn't want the ball changed. So why was it changed?

"It is OK for the ball to scuff through natural wear and tear -- but against cricket's laws to use fingernails or other means to alter its condition."

Australian umpire Darrell Hair, together with West Indies' Billy Doctrove, docked Pakistan five runs for ball-tampering during a controversial Test against England in 2006.

Pakistan subsequently forfeited the match in protest -- the first time this had happened in Test history.

They were subsequently exonerated by an International Cricket Council (ICC) investigation and the ensuing row ultimately cost Hair his career as a senior international umpire.

However, the match officials in the England-Sri Lanka match took no similar action and the ICC explained that as the umpires haven't reported anything and no team has complained, they were not planning to take any action.

England must beat New Zealand in Cardiff on Sunday to seal a semi-final spot. If they lose they are out and either Australia or Sri Lanka will go through after their match on Monday.

If the England-New Zealand match is a washout they will need a low scoring Australia victory to go through. If both matches are washed out, England will qualify behind New Zealand.

Why Germany is now 'Europe's biggest brothel'

Legalised prostitution, cut-price offers and a boom in sex tourism mean Germany's red light districts are thriving. But not everyone is happy with the country's liberal legislation

A Ukrainian prostitute in a brothel in Berlin: two-thirds of Germay's sex workers are thought to come from overseas. Photograph: Axel Schmidt/AFP/Getty Images

With skin-tight clothes and bum bags strapped around their waists, sex workers wait by the roadside close to Hackescher Markt, one of Berlin's busiest shopping and entertainment districts. This is a familiar sight just before dark in the capital of a country that has been dubbed "Europe's biggest brothel".

The sex trade in Germany has increased dramatically since prostitution was liberalised in 2002, with more than one million men paying for sex every day here, according to a documentary, Sex – Made in Germany, aired this week on Germany's public broadcaster, ARD.

Based on two years of research using hidden cameras, the film by Sonia Kennebeck and Tina Soliman exposes the "flat-rate" brothels where men pay €49 (£42) for as much sex as they want, as well as a rise in sex tourism, with men from Asia, the Middle East and North America coming to Germany for sex.

Germany's law governing the sex trade is considered one of the most liberal in the world. It was passed by the former coalition government, made up of the Social Democratic Party (SPD) and the Greens, in a bid to strengthen the rights of sex workers and give them access to health insurance and benefits.

Since then, red light districts have become even more prominent in many major German cities including Berlin, Frankfurt and Hamburg, where the Reeperbahn is, notoriously, the focus for the sex trade. During the 2006 World Cup in Germany, brothels appeared close to football stadiums across the country to cater for fans before and after games.

But more than 10 years after the law was passed, critics are becoming increasingly vocal. They argue that although it may benefit those sex workers who choose to work in the trade, it also makes it easier for women from eastern Europe and countries outside the EU to be forced into prostitution by traffickers. Two-thirds of Germany's estimated 400,000 sex workers come from overseas.

"Migrant women who don't know the language are highly dependent on people to bring them here and to show them around," says Roshan Heiler, head of counselling at the Aachen branch of Solwodi, a women's rights organisation that helps women forced into prostitution.

She is not surprised at the number of men now paying for sex in Germany. "I think it's just a result of the legalisation," she says. "The men are not prosecuted and prices are low."

Meanwhile, Monika Lazar, spokeswoman on women's issues for the Alliance 90/Greens party, has defended the law, saying that making prostitution illegal again is not the way to improve working conditions. "Prostitution is still socially stigmatised, and that has not changed in the few years in which the law has been in effect," she says. "But the law is helping to strengthen the position of prostitutes and ensuring women, and men, are much better protected."

If only Britain had joined the euro

If Gordon Brown had chosen to join the single currency 10 years ago, both the European Union and Britain would be stronger now

• 
• • Will Hutton
  • The Guardian, Thursday 13 June 2013 19.30 BST

Gordon Brown with Paul Boateng and Dawn Primarolo in June 2003, just after his ‘not yet' decision on joining the euro. Photograph: Sean Smith for the Guardian

Ten years ago this week Gordon Brown said no to joining the euro. It is an anniversary on which Bank of England governor Mervyn King, Ukip's Nigel Farage, Unite's Len McCluskey and the Guardian's Larry Elliott, along with most of the British economic establishment, can all agree. On this, Brown was right.

Elliott set out the establishment consensus in a classic piece this month on his alternative history of what would have happened had Britain joined. Essentially, he says, there would have been a bigger boom in the runup to 2007 and a more disastrous bust. Britain would now be struggling to maintain its membership as anti-EU sentiment mushroomed, prompting its eventual exit, dramatising the inherent unsoundness of yoking disparate economies into one inflexible currency.

But there is a more optimistic, alternative history. The first obvious point is that Britain could have joined the euro only if a referendum had been won. A victory would have depended on it being an obvious good deal, with the pound entering at a competitive rate and the euro's structure, rules and governance reformed to accommodate British concerns and interests. The European Central Bank would have needed to look more like the US Federal Reserve, with more scope for fiscal and monetary activism. The Germans would doubtless have insisted, in return, that the EU banking system be more conservatively managed.

The last decade would have been very different. What none of the mockers of the euro ever acknowledge is the economic doomsday machine that Brown created through not joining. By not locking in a competitive pound, Britain suffered a decade of chronic sterling overvaluation, made more acute by the City of London sucking in capital from abroad to finance the extraordinary credit and property boom of those years.

Imports surged and exports sagged; the economy outside banking, which made goods and services to be sold abroad, either stagnated or shrank. Much of the best of UK manufacturing was auctioned off to foreigners. Today we find that, despite a huge currency devaluation, there are just not enough companies to take advantage of it: too much of the rest of British capacity, thanks to foreign takeover, has become a part of global supply chains that are indifferent to exchange-rate variation. Our export response has been feeble; evidence of the economic orthodoxy's inability to devise policies and structures that favour production.

Inside the euro, at a highly competitive exchange rate, Britain's exports would instead have soared, and its traded goods sector would have expanded, not shrunk. Regional cities would have boomed around sustainable activity rather than property and credit. The euro's rules would have meant a less reckless fiscal policy, and banks would have been more constrained in lending for property. They would have had to lend proportionately more to fast-growing real enterprise, reinforced because the new rules would have required them to lend in a more balanced way.

Britain would have entered the 2008 crisis with a far less unbalanced economy, a stronger banking system and international accounts, and a government deficit much less acute. And the reformed eurozone could have responded much more flexibly and cleverly than it did.

In any case, both Britain and Europe are now wrestling with depressed economic activity caused by overstretched bank and company balance sheets – and the exchange-rate regime is hardly the cause of this distress. Germany and the stronger EU countries are plainly wrong in their overemphasis on austerity as a solution, but surely right to argue that the only long-term solution is for the whole of Europe to move to their productivist, stakeholder capitalism.

British mainstream commentators see the obvious fissure between the stronger European north and the weaker south as proof positive that the euro is fatally flawed. But suppose countries like Greece or Ireland rise to the German challenge? Already there are encouraging auguries in both. If so, notwithstanding excessive austerity, they could weather the crisis, and become stronger.

There is plainly a chance one or more countries could leave, but there is a greater chance the system in some form will hold – it is in too many countries' interests to avoid failure. Then expect a pan-European recovery to begin in the second half of the decade that will gather strength in the 2020s.

Inside the euro for the last decade, the economic and political debate would have necessarily moved on. Having won a historic referendum decisively affirming Britain's future in Europe, the Blair government would have had to think in European terms about how to produce, invest, innovate and export. Sure, there would have been problems. But Britain outside the euro in 2013, with endless spending cuts, the biggest fall in real wages for a century, 500,000 people relying on food banks, and a weak unbalanced economy, is hardly a land of milk and honey.

Emboldened by his referendum victory, Blair could have sacked Brown before the disastrous second phase of his chancellorship and lacklustre prime ministership. Blairism would have morphed into a new form of European social democracy, fashioning British-style stakeholder capitalism. UK politics would not have moved so decisively to the right, with conservatives preaching free-market Thatcherism while the left clings to a bastard Keynesianism – united only in their belief, against all the evidence including Britain's export performance, that floating exchange rates are a universal panacea.

A single currency demands disciplines and painful trade-offs: but floating exchange rates after a financial crisis are a transmission mechanism for bank-runs and beggar-my-neighbour devaluations. Magic bullets do not exist. Had Britain joined, both we and Europe would have been better placed, and Larry Elliott would now be writing about how better to get Britain to innovate and invest under a fourth-term Labour government. A better world all round.

They might be living in caves, but it's not the homeless who are hiding

Our urban skins get ever thicker to the soaring numbers of people living on the streets. My solution? Keep building up that sense of comfortable numbness

Grace Dent in The Independent

Homeless men and women close to Stockport, Greater Manchester have been found living in a cave system, huddled in sandstone hideyholes amongst rubbish and food scraps, close to whatever they use as a toilet. Imagine an otherwordly scene from Lord of The Rings, but instead of Hobbits and  quests to overcome the dark lord Sauron, actual human beings like you and me and the simple quest to stay alive.

Wellspring, a local homeless charity, say that compared to rough sleeping in the town, the cave-dwellers at least find their new home safe and dry. Britain’s homeless problem burgeons, becoming more complex year on year. Plain facts: the financial crisis of recent years has driven up unemployment to 7.8 per cent. Meanwhile, the cost of living has risen along with house prices, and numbers of homeless people have rocketed. In London homelessness rose by 16 per cent in 2012-13, meanwhile parts of Greater Manchester saw rises of as much as 40 per cent.

When I saw pictures of the cave people in the greater Manchester area, my immediate gut-reaction was to write about them – because no one in modern Britain should live in a cave –  but within minutes I questioned whether it was really a story at all. Deep down, who would actually care? Perhaps it’s not the ever-plummeting level of squalor in which we permit human beings in Britain to live that’s of most interest here. What’s interesting is the ever-effective numbness of “the haves” – myself included when faced with “the have-nothings”.

In truth, I often spend a few moments – for the sake of my sanity – trying not to care remotely about the homeless. That girl who sits on the pavement near my house, staring at the floor, day after day, holding a paper cup for change, she’s not homeless really is she? No, most probably she’s part of a begging gang. I can ignore her. I’m very busy. And the skeletal man on crutches who sits in the Tube doorway, sometimes weeping, well I’ve seen him get on the number 158 bus so he must be going somewhere. That’s it, not homeless. Guilt absolved. And that crowd of men and women drinking themselves to death publicly, like a ghoulish piece of performance art, erecting their cardboard bedroom in the doorway of my local library, well, what can actually be done for them? Nothing, I think. In fact part of me is irate at them for messing up the aesthetic splendour of a newly stonewashed building. And will no one think of my house price?

At one point such fetid thoughts would never have crossed my mind, but the downturn has been long, the homeless keep multiplying, and our urban skins become ever thicker. So like most bleeding-heart liberals I am pained by the cave people of Stockport, but am yet to go into full St Francis of Assisi mode, and fling open my own front door.

Instead, I sit patiently waiting for “something to be done”, such as the industrious hammering up of the “affordable homes” that several Governments in my lifetime have promised. Obviously, in truth, builders and councils have no true interest in building dirt-cheap accommodation. That’s why flyers for luxury two-bedroom executive apartments, for £250,000, flood my letterbox daily. Neither do I envisage a full-throated “Golly, we were wrong” return to public housing by the Conservatives – or Labour having any muscle to do anything, especially as these days socialists love owning homes too.

Broadly speaking, I would say the Government has no real concern or plans for the rising numbers of rough sleepers, as the impoverished don’t fit in with ideals of enterprise or self-interest. Obviously, several ears may have pricked up when an advertising agency experimented with making homeless people  into 4G hotspots, in Texas, last March, but attention dwindled soon after. Furthermore I hold no hope of the homeless wangling their way onto half-buy schemes, of which the paperwork is more flummoxing and the cost more expensive than a regular mortgage. Do I have any solutions? One-bedroom stackable pods, built by charities (aka The Nimby armageddon)? Wide-scale homelessness “boot camps” where thousands of jobless graduates, trained in social care, help people in a life quandary? OK, that’s a bit kumbayah isn’t it? And, now I’ve written it down, perhaps a tiny bit Third Reich too. So, indeed, my current approach to homelessness is to build on my ongoing, ever-comfortable numbness, possibly leading one day to my simply stepping over a corpse on the way to ASDA mumbling “Oh, what a shame! Something must really be done.” If anything, Stockport’s cave people might be making a point. They’re isolated from help, but at least they’re avoiding our hand-wringing and ultimate hypocrisy.

To fix whistleblower, bank moves from verse to worse

ALOK DESHPANDE in The Hindu

  

The HinduEmbarrassed by revelations about its curious dealings with corporate clients, the Bank of Maharashtra has declared war on whistleblowers. File photo

 

Union leader Devidas Tuljapurkar faces victimisation and possible dismissal by the Bank of Maharashtra, as it suspects him of being the whistleblower behind a story in “The Hindu” on July 7, 2012.

For one unfortunate whistleblower, things have gone from verse to worse. Embarrassed by revelations about its curious dealings with corporate clients, the Bank of Maharashtra has declared war on whistleblowers. And since it can’t pinpoint them, the bank has gone after internal critics on novel grounds. It has chargesheeted a Union leader and ex-Director of the BoM for acts “prejudicial to the interests of the Bank.” That is, for publishing 19 years ago, a poem it calls ‘vulgar and obscene,’ in the Union’s in-house magazine, ‘Bulletin.’ That poem is the basis of the Bank’s charge sheet against a worker with an impeccable service record.

In 1984, the Marathi poet Vasant Dattatraya Gurjar wrote a satirical poem titledGandhi Mala Bhetla Hota (Gandhi met me) which shook the literary world with its polemical content. In 2013, Devidas Tuljapurkar, General Secretary of the All-India Bank of Maharashtra Employees Federation, faces victimisation and possible dismissal by the bank, ostensibly because the Bulletin, of which he was editor, carried that poem in 1994!

The real reasons for going after Mr. Tuljapurkar appear to have little to do with poetry and seem far more prosaic. He has been a thorn in the flesh of his management. Both, as an alert employee and, for a while, as Workman Director on the bank’s Board. He has also drawn the RBI’s attention to the BoM’s odd handling of some corporate accounts and advances which, he charges, are being favoured at the expense of BoM’s main depositors — lakhs of small farmers, working people and retired employees. But the BoM leadership has something more against him. They suspect him — with no basis or proof — of being the whistleblower behind a story in The Hindu, July 7, 2012. That story exposed how the bank had granted a Rs. 150-crore loan to a defaulter owing BoM Rs. 40 crore by greatly weakening the terms of the original sanction letter. The defaulter company was a part of the United Breweries (UB) group headed by Vijay Mallya. The expose embarrassed Bank Chairman and Managing Director (CMD) Narendra Singh, sparking a whistleblower witch-hunt.

But no whistleblower was found. And after several transfers of senior officers within the bank, the search hit a dead-end. Ironically, it was an unthinking action of the Reserve Bank of India that handed the BoM management a scapegoat: Devidas Tuljapurkar.

Mr. Tuljapurkar told The Hindu, “Last October, I wrote a letter to RBI Governor D. Subba Rao highlighting questionable corporate advances and imprudent banking decisions of BoM at the instance of CMD Narendra Singh.” The letter, written in his capacity as a Union leader, was backed up with facts and documents. Having served as a Director on the Board of BoM from 2004 to 2009, he was very familiar with the rules and procedures.

However, the RBI failed to protect his identity as a whistleblower. In one of those unthinking acts of bureaucracy, the RBI routinely forwarded Mr. Tuljapurkar’s letter to the very BoM management that it exposed, for their comments. The bank had found its scapegoat and Mr. Tuljapurkar’s ordeal began. “Since I had written a letter to RBI, the management assumed that it was also I who had leaked that story about gifting a Rs. 150-crore loan to Mallya’s company. They wanted to corner me, so they started scanning my history,” he says.

And all they could come up with was a poem from 1984. Vasant Gurjar’s poem is a political satire that is scathing about the followers of Mahatma Gandhi who, in the poet’s view, were merely serving their own interests. In 1994, the poem was published in the ‘Bulletin’ the house magazine of the Union. In March 1995, an organisation called the ‘Patit Pavan Sanghatana’ filed a complaint against the Bulletin for publishing the ‘obscene’ and ‘vulgar’ poem. As editor of the Bulletin, Mr. Tuljapurkar was made an accused in the case.

This May 3, 19 years later, the BoM management issued an internal charge sheet against Mr. Tuljapurkar. It accuses him of ‘publishing such an inflammatory, vulgar, obscene and objectionable material in the magazine “Bulletin” meant for bank employees …” And claims that circulating that issue of the Bulletin on the BoM’s premises (in 1994) was “prejudicial to the interests of the Bank.”

Interestingly, the ‘State Performances Scrutiny Board, Government of Maharashtra’, headed by well-known Marathi poet F.M. Shinde, has a very different take on the poem. In January 2011 the Scrutiny Board made it clear that the poem is neither obscene nor vulgar. “What Gandhi had envisioned about Swarajya is nowhere to be seen. The poet has expressed this in satirical form,” Mr. Shinde had said.

Apart from ignoring the Board’s view, the BoM seems to take no notice of the Supreme Court’s order in the case against Mr. Tuljapurkar. “After the FIR in 1995, we approached both the sessions court and the High Court to discharge me from the case. But that was rejected and our appeal is pending in the Supreme Court,” he says. “The apex court, in its order dated July 7, 2010, stayed all proceedings in lower courts in this case and the actual trial has not even started in any court.”

The charge sheet accuses Mr. Tuljapurkar of not disclosing this pending litigation against him while serving as the Workman Director of the bank and for knowingly making ‘false statements’ in the forms of the bank. BoM CMD Narendra Singh took personal interest in the entire matter, says Mr. Tuljapurkar. The CMD placed the 19-year old case before the board meeting in January this year, recommending action against the union leader.

All this sidesteps the truth that Mr. Tuljapurkar’s name was mentioned in the FIR as editor of the Bulletin and not in any ‘personal capacity.’ It also ignores the fact that even charges in the case are yet to be framed. Calls, faxes and emails from The Hindu to Mr. Singh have so far drawn no response.

Meanwhile, an outraged All India Bank Employees’ Association (AIBEA), to which Mr. Tuljapurkar’s union is affiliated, has called for an agitation across the entire BoM on June 17. “We demand immediate withdrawal of the charge sheet slapped against him and thorough investigation of loans sanctioned by the bank to various corporates ever since the present chairman took charge,” CH. Venkatachalam, General Secretary, AIBEA, told The Hindu. He added that the BoM being a public sector bank, every citizen had a right to express concern about its financial health. “We shall fight back any attempt at victimisation.”

If the departmental inquiry against Mr. Tuljapurkar proceeds the way bank management wants, it could result in his dismissal. A whistleblower exposing the questionable actions of a public sector bank could be dismissed for publishing a poem in 1994. He is also a man who, while a director of the bank, transferred all the money he received as sitting charges for Board meetings to the Union’s account via cheque, accepting no monetary benefits as a director.

“I wrote to RBI because I found Mr. Singh’s financial moves unhealthy for the bank’s future. Hence I’m being targeted and victimised. They aim to make an example of me so nobody in future will dare raise his voice. It has to be stopped,” he said.