Ayodhya judgment is a setback to evidence law

Certainly in matters of freedom of religion, the court should not have any say, but deciding title suit on the basis of faith is a thorny proposition.

The Supreme Court has tried to please everyone in its much awaited judgment on the property dispute in Ayodhya writes Faizan Mustafa and Aymen Mohammed in The Indian Express

The Supreme Court has tried to please everyone in its much awaited judgment on the property dispute in Ayodhya. The worshippers of Lord Ram have been given land for the construction of a temple at the very site where the Babri Masjid stood between 1528 and December 6, 1992.

----Also watch

-----

The Nirmohi Akhara has welcomed the judgment as it will be given some representation in the trust that would construct the temple. The Sunni Waqf Board too must have the satisfaction that the highest court has accepted their central argument that the Babri Masjid was a Sunni, and not Shia, waqf property, and the same was not constructed after demolishing the Ram temple. Thus, the court has rejected the Hindu right’s narrative on the Babri mosque. This false narrative not only was responsible for galvanising the ordinary Hindus, but also gave some sort of legitimacy to divisive electoral politics. Similarly, Muslim grievances about the trespass in 1949 and the tragic demolition of the mosque in 1992 have been accepted by the court. In fact, the court has accepted that there was an injury caused to them — i.e. violation of their legal right. Accordingly, the court, invoking its extraordinary jurisdiction of doing complete justice, has given them almost double the land in Ayodhya.

The Ayodhya dispute did not begin in 1528 with Babur, the founder of Mughal empire, but in 1886 with litigation in the British courts over a chabutra (courtyard) that was constructed outside the Babri Masjid by one Mahant Raghubar Das in the late 1850s. When the British prevented the construction of a canopy over the chabutra, Das unsuccessfully litigated his cause in three judicial forums. Each time, the courts emphasised status quo — that is, the Muslims would pray inside the Babri Masjid while the Hindus had limited rights to pray at the chabutra. Surprisingly, the apex court has rejected title of Muslims for want of proof of title document. This may have repercussions for several temples and mosques. The court rejected the revenue record and gazetteers as sufficient proof. Even the British grant papers were said to be sufficient only for proving the upkeep of the mosque.

In law, the phrase “status quo” means the situation at the time of the judgment must not be changed. The Babri litigation is a story of changing “status quo”. On the night of December 22-23, 1949, trespassers placed Lord Ram’s idol under the central dome of the Babri Masjid. In a few days after the incident, a new status quo would be sanctified by the local courts: Muslims were not allowed to pray inside the mosque, the idol would not be removed, and that Hindus would have a “limited” right to pray and pujaris would ensure daily bhog. By one act of criminal trespass, a mosque was converted into a temple.

On February 1, 1986, District Judge K M Pandey would order the unlocking of gates that acted as a “barrier” between the idols inside the masjid and the devotees who had come for the darshan. This decision had the blessing of then Prime Minister Rajiv Gandhi, who in order to mollify the self-anointed regressive Muslim leadership would subsequently introduce the bill to reverse the Shah Bano judgment on February 25, 1986.

The demolition of the mosque on December 6, 1992 was also the destruction of the rule of law. The SC has rightly criticised it and accepted that it was in violation of the “status quo” order passed by it. Within a few hours of the mosque’s demolition, a makeshift temple had come up at the structure’s location. Within a month of the demolition, the Allahabad High Court allowed for darshan at the makeshift temple. In 1994, the Supreme Court, while dealing with the Acquisition of Certain Areas of Ayodhya Act, ordered the protection of the latest “status quo”: No mosque but a makeshift temple and legally protected darshan at the site.

In 2010, the Lucknow bench of Allahabad High Court ruled that the title suit must be decided as a question of joint-ownership of property. Muslims, the deity Ram Lalla and Nirmohi Akhara were to get one-third share of the disputed property. The Supreme Court has overruled this judgment and rightly held that it was not a partition suit.

The judgment will be remembered for the victory of faith over the rule of law as the Supreme Court considered religious beliefs even in deciding a property dispute, and despite conceding that faith cannot confer title, it still went ahead to give property to worshippers on the basis of faith. The court should not have any say in matters of freedom of religion, but deciding title suit on the basis of faith is a thorny proposition. In brief, it is the red letter day for the constitutional right to religion but a setback to property law and a setback to evidence law with differential burden of proof being demanded from different parties.

I was an astrologer – here's how it really works, and why I had to stop

Customers marvelled at my psychic abilities but was that really what was going on when I told their fortune? asks Felicity Carter in The Guardian 

 

‘It turned out what most people want is the chance to unload for an hour.’ Photograph: Fiorella Macor/Getty Images

The man was agitated, with red-rimmed eyes and clammy skin.

“Help me,” he said. “I’m under a curse.”

At first it was just flickering lights, he said. And then a figure, at the edge of his vision. Now something grabbed his fingers or stroked his arm. There was more – and it was happening more frequently.

“I saw a Catholic priest,” said the man. “But he couldn’t help. Can you?”

Yes, yes I could. I knew exactly what he needed to do.

I was a fortune teller. Every Sunday, I climbed the stairs of an old terrace house in Sydney’s historic Rocks district, to sit in the attic and divine the future. I would read Tarot cards or interpret horoscopes.

As a teenager, I’d devoured a book called Positive Magic. An instruction manual for witches, its central idea was that if you wanted something, and you had good intentions, you just told the universe and magic would happen. Although nothing I wanted (fame, money, hot boyfriend) actually arrived, one thing led to another and I taught myself to read Tarot cards. At the time I was a science student, and just considered it a fun game at parties.

That changed after I took my cards to my part-time job and read them for a colleague during the break. She picked the card for pregnancy, which we laughed about, because she wanted her tubes tied.

A week later she said, “Guess what the doctor told me this morning?”

She was pregnant, and I was officially psychic.

Deciding to develop my gift, I enrolled in a psychic class, where I learned to say the first thing that popped into my head. “Your first thoughts are the most psychic ones, before your rational mind interferes,” said the teacher.

I also learned that all things are connected, and everything is a symbol of something else. Suddenly, I saw signs and omens everywhere.

FacebookTwitterPinterest ‘The range of problems faced by people who can afford $50 for fortune telling turned out to be limited: troubles with romance, troubles at work, trouble mustering the courage for a much-needed change.’ Photograph: Busà Photography/Getty Images

To test my new skills, I volunteered to be a clairvoyant at the spiritualist church. Congregants would place a flower on the table, and the clairvoyants would choose one and “read” it at the microphone. Nervous, the first thing I grabbed was a packet of silver foil. The rose inside had been packed so tightly, its petals were crushed. I didn’t get a single vibe from it, so I just described the symbolism.

“You are feeling battered and bruised,” I said.

Afterwards, a woman approached and said she was a victim of domestic violence, and what should she do?

I was only 19 and had no idea, but my psychic reputation soared. The attention was intoxicating.

Then the universe told me I wasn’t cut out for science, by sending me my second-year results. I dropped out to pursue theatre and also signed up for a one-year course at the Sydney Astrology Centre, a cavernous commercial building in a seedy part of town.

The course began with the meanings of the zodiac, from Aries to Aquarius. Then the luminaries; the sun (what you will become), the moon (what you brought into this life) and planets. After that, how to calculate planetary positions and cast horoscopes.

Although astrologers use Nasa data for their calculations, horoscopes aren’t a true map of the heavens. The Babylonians who invented astrology believed the sun rotated round the Earth; modern astrologers still use Earth-centred charts, as if Copernicus had never existed. That’s only the start of the scientific problems.

The astrological meanings themselves derive from a principle called sympathetic magic, where things that look alike are linked together. Mars looks red, so it rules red things like blood. How do you get blood? You cut, so Mars rules surgery and war.

You forecast by combining meanings with planetary movements. Say Saturn, planet of restrictions, is about to transit the First House of self – your life will contract! You’re going to get more responsibilities than usual. Or maybe you’ll be denied the chance to take on more responsibilities. Or maybe a cold, critical person will come into your life. But anyway, it’s a good time to go on a diet.

Astrology is one big word association game.

I loved it, though I was losing interest in other mystical practices. Partly I didn’t have time, because I was now immersed in theatre while working as a temp typist at St Vincent’s, a Catholic hospital. But as I bounced from one department to another, my views changed. I’d understood organised religion to be something between an embarrassment and an evil. Yet as Aids did its dreadful work – this was the 1990s – I watched nuns offer compassionate care to the dying. Christian volunteers checked on derelict men with vomit down their clothes. I became uncomfortably aware that New Agers do not build hospitals or feed alcoholics – they buy self-actualisation at the cash register.

Finally, I was accepted into a music degree and my days filled with classes, my nights with rehearsals. This caused a cash crisis, because I could only do office work during academic holidays. When I saw the ad for a fortune teller, I pounced.

My credentials impressed the man on the counter (“My name is Ron,” he said. “My spirit guide is Blue Star. He’s on the intergalactic committee”) and I was hired.

We charged A$50 an hour, a significant sum at the time, and I wanted to offer value. No fishing for clues from me – I printed a horoscope or laid the cards and started interpreting immediately, intending to dazzle the customer with my insights.

Half the time, though, I couldn’t get a word in. It turned out what most people want is the chance to unload for an hour.

The range of problems faced by people who can afford $50 for fortune telling turned out to be limited: troubles with romance, troubles at work, trouble mustering the courage for a much-needed change. I heard these stories so often I could often guess what the problem was the moment someone walked in. Heartbroken young men, for example, talk about it to psychics, because it’s less risky than telling their friends. Sometimes I’d mischievously say, “Let her go. She’s not worth it,” as soon as one arrived. Once I heard, “Oh my God, oh my GOD!” as an amazed guy fell backwards down the stairs.

I also learned that intelligence and education do not protect against superstition. Many customers were stockbrokers, advertising executives or politicians, dealing with issues whose outcomes couldn’t be controlled. It’s uncertainty that drives people into woo, not stupidity, so I’m not surprised millennials are into astrology. They grew up with Harry Potter and graduated into a precarious economy, making them the ideal customers.

FacebookTwitterPinterest ‘Intelligence and education do not protect against superstition.’ Photograph: Alamy

What broke the spell for me was, oddly, people swearing by my gift. Some repeat customers claimed I’d made very specific predictions, of a kind I never made. It dawned on me that my readings were a co-creation – I would weave a story and, later, the customer’s memory would add new elements. I got to test this theory after a friend raved about a reading she’d had, full of astonishingly accurate predictions. She had a tape of the session, so I asked her to play it.

The clairvoyant had said none of the things my friend claimed. Not a single one. My friend’s imagination had done all the work.

Yet sometimes I could be uncannily accurate – wasn’t that proof I was psychic? One Sunday, I went straight from work to a party, before I’d had time to shuck off my psychic persona. A student there mentioned she wasn’t sure what to specialize in – photography, graphic design or maybe industrial design?

“Do photography,” I said.

She looked at me, wide-eyed. “How did you know?” she said, explaining photography was her real love, but her parents didn’t approve.

I couldn’t say, “because my third eye is open”, so I reflected for a moment. Then it hit me. “You sounded happier when you said ‘photography’,” I said. My psychic teacher was right – the signals we pick up before conscious awareness kicks in can be accurate and valuable.

Well, maybe I wasn’t psychic, but it didn’t matter. It was just entertainment, after all, until the cursed man came in. The one who’d seen the Catholic priest.

“Get to a doctor,” I told him. “Now.”

That very week, I’d typed letters for a neurologist who specialized in brain diseases. Some of those letters had documented strikingly similar symptoms to this man.

“Are you saying I’m crazy?” he said, his hands balled.

“No,” I reassured him. “But Catholic priests know what they’re doing. If he couldn’t help, this isn’t a curse.”

That made the man angrier.

“You’re a fraud!” he shouted, and stormed downstairs to demand his money back.

The encounter shook me, badly. Shortly afterwards, I packed my astrology books and Tarot cards away for good.

I can still make the odd forecast, though. Here’s one: the venture capital pouring into astrology apps will create a fortune telling system that works, because humans are predictable. As people follow the advice, the apps’ predictive powers will increase, creating an ever-tighter electronic leash. But they’ll be hugely popular – because if you sprinkle magic on top, you can sell people anything.

Who is the real Dice Man? The elusive writer behind the disturbing cult novel

This summary is not available. Please click here to view the post.

Muslims and Kashmiris

Jawed Naqvi in The Dawn

IN the aftermath of the anti-Ahmadi violence in the 1950s, Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President of Jamiatul Ulema-i-Pakistan, demanded an Islamic state in Pakistan. And he deposed before the Justice Munir Commission that looked into the violence.

Q: You will admit for the Hindus, who are in a majority in India, (a similar) right to have a Hindu religious state?

A: Yes.

Q: Will you have any objection if the Muslims are treated under that form of government as Malishes (Mlechhas) or Shudras under the law of Manu?

A: No.

Maulana Fazlur Rehman heads a faction of the Jamiat today. I gained a nodding acquaintance with the maulana when, for a reason difficult to fathom at the time, he became a regular interlocutor with Indian journalists visiting Pakistan. The maulana’s portly bearing and merry laughter had a likeness to Friar Tuck whose Robin Hood, albeit too briefly, Musharraf had become. A version of the English legend has the monk fording the river in Sherwood Forest with Robin Hood on his back when, in midstream, for no apparent reason, he hurled his friend into the freezing waters. That’s more or less what the maulana is said to have done with Musharraf. 

In recent days, the cleric from the doctrinaire Deoband school of Muslim theology has been raging at Imran Khan, accusing the prime minister of insincerity towards the Kashmiri people facing Indian high-handedness since Aug 5. The stance is double-edged.

Fazlur Rehman has friends in high places with the Indian government. Besides, he has the entire Jamiatul Ulema-i-Hind (JUH) and the Deoband seminary eating out of his hands. Atal Behari Vajpayee embraced him and Manmohan Singh welcomed him to the prime ministerial residence. This was around the time when Benazir Bhutto was struggling to get an appointment with Vajpayee in New Delhi, when, as the grapevine had it, she was seeking his intervention to iron things out with Gen Musharraf.

Important Pakistani visitors from the left and liberal corner have not had the ease of access to the prime minister’s office in recent years as the maulana did. His equation with the Modi establishment is not clear, but given the Indian prime minister’s chummy relationship with the rulers of Saudi Arabia — a common link between Rehman and the JUH — it’s not difficult to imagine an agreeable prospect.

The fact that the maulana would routinely drive off to the Deoband seminary, not far from the Indian capital, following his official sojourns, suggests a link between the two stops. That P. Chidambaram made a much-publicised visit to the seminary as home minister further indicates a strong political interest between the Indian government and the orthodox clerics of Deoband. And perhaps it also delivers a handy vote bank that the clerics control.

There are Indian Muslim groups as well as non-Muslims who harbour sympathy for the Kashmiri people, but it is mostly with regard to their claim on Jammu and Kashmir’s autonomy within the Indian arrangement. Such groups also speak up against perennially violated human rights endured by the mainly Muslim people of the disputed area. To that extent the JUH has stood with the Kashmiri people, but only from the perspective that their interests were not separate from those of Indian Muslims.

In 2010, during Congress rule there was a surge in India’s stand-off with Kashmiri Muslims, and the JUH, a close cross-border comrade of Maulana Fazlur Rehman, did express its formulaic sympathy. A recent statement was, however, more assertive in its pro-government stance, effectively endorsing the abrogation of Kashmir’s autonomy.

“It is our belief that the welfare of the people of Kashmir lies in getting integrated with India. The inimical forces and the neighbouring country are bent upon destroying Kashmir. The oppressed and beleaguered people of Kashmir are stuck between opposing forces,” the JUH argued, virtually ad-libbing the official view on the abrogation of Kashmir’s autonomy. “The JUH stands steadfastly for the unity and integrity of the country and has accorded it paramount importance. As such it can never support any separatist movement rather it considers such movements not only harmful for India but also for the people of Kashmir.”

The irony is stark. Both the JUH and its Pakistani counterpart headed by Fazlur Rehman are or should be at loggerheads on Kashmir. And they are also tethered to the Saudi establishment for inspiration and sustenance. However, Saudi Arabia has veered close to the Indian stand and even felicitated Modi with its highest civilian award. Imran Khan has chosen to swallow the disappointment and has signalled that it’s business as usual by choosing to fly to the UN General Assembly session in New York on the Saudi crown prince’s private plane. The Kashmiris must be watching the denouement with awe and trepidation.

The JUH leverages Indian Muslims in what is clearly a rather self-serving relationship it has with any government of the day. But this is also how the Hindu right prefers to project the equation. Add­re­s­­­­­sing the media in the aftermath of the derailed Agra summit, then senior minister Jaswant Singh obliquely described the link between Indian Muslims and the Kashmir issue. The gist of his comment was this: if India gives away Kashmir to comply with the two-nation theory, should Indian Muslims not be put in trains to Pakistan?

A different answer to the question came from a senior leader of the Jammu and Kashmir Liberation Front in 1992. Javed Mir had dodged the security dragnet when practically every Hurriyat leader was put behind the bars. I asked Mir to comment on the demolition of the Babri Masjid in Ayodhya, which had just taken place. He said he couldn’t care less what became of it or the dispute, because it concerned Indian Muslims who had shown scant interest in the struggles of the Kashmiris.

MEETING THE ENEMY A feminist comes to terms with the Men's Rights movement

Cassie Jay

Rollo Tomassi on How To Select Women For Marriage

How to Keep the Wrong Women out of Your Life | Dr. Shawn T. Smith PsyD | Full Speech

You never have to chase women

The Rational Male by Rollo Tomassi