Bulli Bai app case: Vishal Kumar Jha and a lady from Uttarakhand detained 2
According to Mumbai police officials, the suspect is a 21-year-old civil engineering student and his father is believed to be a government servant. Within two days of a case being registered in the Bulli Bai app case, Mumbai police have arrested a suspect from Bengaluru.
The suspect is brought to Mumbai for questioning. Police officials said the 21-year-old had posted vulgar comments on the Muslim women after their pictures were posted on the Bulli Bai app.
The police have said that the main accused in the case is a woman who has been detained from Uttarakhand and that both the accused knew each other. The Cyber Cell of Mumbai Police on Tuesday continued its questioning of the 21-year-old engineering student detained from Bengaluru in connection with the ‘Bulli Bai’ app case.
“The main accused woman was handling three accounts related to the ‘Bulli Bai’ app. Co-accused Vishal Kumar opened an account by the name Khalsa supremacist. On Dec 31, he changed the names of other accounts to resemble Sikh names. Fake Khalsa account holders were shown,” a Mumbai Police official said.
“Police arrived in Mumbai with the suspect on Monday after detaining him from Bengaluru. He has not been arrested yet. Deputy Commissioner of Police of Mumbai Police Cyber Cell is himself questioning the accused,” said the police official.
The case has been registered against the unknown culprits under sections 153(A) (Promoting enmity between different groups on grounds of religion etc), 153(B) (Imputations, assertions prejudicial to national integration), 295(A) (Deliberate and malicious acts, intended to outrage religious feelings), 354D (stalking), 509 (word, gesture or act intended to insult the modesty of a woman), 500 (criminal defamation) of the Indian Penal Code and Section 67 (publishing or transmitting obscene material in electronic form) of Information Technology Act.
Mumbai Police Cyber Cell detained a 21-year-old engineering student from Bengaluru, in connection with the ‘Bulli Bai’ application case on Monday.
Mumbai Police has not revealed the identity of the suspect detained from Bengaluru yet, except for his age. Police have registered a case against unknown culprits under relevant sections of IPC and the IT Act.
Earlier in the day, Mumbai Police had also filed a first information report (FIR) against unknown persons based on complaints that doctored photographs of women were uploaded for auction on the ‘Bulli Bai’ application hosted by GitHub platform. On Sunday, West Mumbai Cyber Police station registered a case against the ‘Bulli Bai’ app developers and Twitter handles that promoted the app.
The case has been registered against the unknown culprits under sections 153(A) (Promoting enmity between different groups on grounds of religion etc), 153(B) (Imputations, assertions prejudicial to national integration), 295(A) (Deliberate and malicious acts, intended to outrage religious feelings), 354D (stalking), 509 (word, gesture or act intended to insult the modesty of a woman), 500 (criminal defamation) of the Indian Penal Code and Section 67 (publishing or transmitting obscene material in electronic form) of Information Technology Act.
'Bulli Bai' app: Attempt to kill two birds with one stone 6
The New Year hangover was yet to settle and the day began on a controversial note when photographs of more than 80 Muslim women were put up for auction on App called Bulli Bai. There was outrage on social media; those women victims demanded arrest; some demanded a probe and many have already condemned the outrage. Well, these were just the routine reactions to the action.
If you go beyond the said controversy and look into the matter, you will find two targets, one is the Sikh community because the App’s major language is Punjabi and the logo is the turban. The victims are Muslim women. Earlier also when West Bengal elections were due, a similar kind of app #SulliDeal emerged from nowhere, there was a huge uproar on social media until the App got banned and culprits were scot-free.
Uttar Pradesh elections are approaching, BJP is apprehensive about the win. They tried their level best to create ruckus during Farmer’s agitation. Maximum farmers are Sikhs. BJP It cell and supporters tried changing the narrative of protest calling them Khalistani terrorists but could not succeed in creating hate or anger against the community. Most Sikh’s don’t support the BJP. Among Sikh’s only a few Khatris/Arora Sikh’s support BJP. Jat Sikh’s are mostly Anti-BJP, Uttar Pradesh to Haryana Jats are the dominant voters. By creating the App in the Punjabi language and making it the logo of the turban logo, the App developers thought of bringing Sikhs in a bad light.
BJP is already anti-Muslim; the right-wing supporters openly spew venom against the Muslim community. Hindutva leaders called for Muslim genocide in Haridwar. Right-wing activist Suresh Chavhanke gave a call to “fight, die and kill if required” to make India a “Hindu nation.” BJP expected riots like situations but Muslims did not fall for the bait. Their plan to create a riot-like situation failed. In spite of such derogatory statements Home Minister, Amit Shah maintained mute mode and as we all know Narendra Modi never speaks about the burning issues in the country.
To irritate Muslims, again the row surrounding the app named ‘Bulli Bai’ is similar to last July’s ‘Sulli Deals’, in which nearly 80 Muslim women were put up ‘for sale’. The ‘Bulli Bai’ app was created on the Microsoft-owned open software development site GitHub. For those who don’t know, ‘Bulli’ is a derogatory word used for Muslim women in local slang.
Twitter has suspended an account that had been sharing links to the app hosted on GitHub. The Twitter handle had the same name as the objectionable app. Earlier in June 2021, another app with a name similar to the one currently under investigation had appeared on GitHub with pictures of Muslim women captioned ‘deal of the day’.
Subsequently, on 7 and 8 July, police in Noida and Delhi had registered separate FIRs against unknown persons in the case, but nothing has come out of the investigations so far. The incident went viral when a woman journalist shared an image of her being sold on the Bulli Bai app as ‘deal of the day’. Taking to Twitter, the journalist said it was “very sad that as a Muslim woman you have to start your new year with this sense of fear and disgust.” Quratulain Rehbar, a journalist from Kashmir, was also listed on the ‘online auction’.
The app pulled photos from the social media profiles of Muslim women without consent. The pictures were put up for display as the visitor’s “deal of the day.” The uploading of pictures on the ‘Bulli Bai’ app was similar to the ‘Sulli Deals’ upload in July last year. The ‘Bulli Bai’ app worked just the same way as Sulli Deals did. Once opened, a Muslim woman’s face was randomly displayed as ‘Bulli Bai’.
Two FIRs were filed by the Delhi and Uttar Pradesh Police in the Sulli Deals incident last year after photos of Muslim women were misused, but no concrete action has been taken against the perpetrators so far. It isn’t clear if the same rules were used in ‘Sulli Deals’ and are being invoked in the case of ‘Bulli Bai’ to ask the hosting platform to identify the user for taking action. Now Mumbai cyber police have initiated a probe. The controversial app Bulli Bai has been blocked by the hosting platform GitHub following complaints of objectionable content.
The social media platforms made noises but smart minorities did not fall into the trap by getting into violence or making any move to call for riots. One more attempt failed, but we need to be more cautious because all these things will keep happening till 2024.
Any suggestions, comments or disputes with regards to this article send us at feedback@www.afternoonvoice.com
'Bulli Bai' row: Mumbai Police takes cognisance of online harassment of Muslim women on the app 8
When Sulli Deals got banned, ‘Bulli Bai’ is the new thriller for haters. Muslim women with a celeb presence on Twitter have been singled out and their photos are being displayed as ‘Bulli Bai’. A journalist, who is one of the women named in the app, said that Muslim women have had to start the year with a “sense of fear and disgust.” Soon after the social media outrage, the Shiv Sena MP Priyanka Chaturvedi raised the matter on Twitter. She also requested Maharashtra Chief Minister Uddhav Thackeray, and Mumbai Police to take action.
Muslim women with a celeb presence on Twitter have been singled out and their photos are being displayed as ‘Bulli Bai’. A journalist, who is one of the women named in the app, said that Muslim women have had to start the year with a “sense of fear and disgust.”
The app, now taken down, displayed more than 100 women ‘for sale as maids’, with victims saying they have little hope of action by police. Once again, Muslim women were targeted and harassed by an unidentified group on the internet by uploading their photos and auctioning them online. The photos were uploaded on an app called GitHub by the name of ‘Bulli Bai’ on Saturday (January 1, 2022). Two FIRs were filed by the Delhi and Uttar Pradesh Police in the ‘Sulli Deals’ controversy last year after photos of Muslim women were misused, but no concrete action has been taken against the perpetrators.
Speaking to Afternoon Voice, Mumbai Police DCP Cyber CrimeDr Rashmi Karandikarsaid, “Today we have a meeting with CP regarding the same. We will address this issue technically.”
Meanwhile, the Mumbai Police officially said, “They have taken cognisance of the matter and that concerned officials have been asked to take action. Mumbai cyber police have initiated a probe in connection with the objectionable content.”
“The app ‘Bulli Bai’ works just the same way as ‘Sulli Deals’ did. Once you open it, you randomly find a Muslim woman’s face being displayed as Bulli Bai,” a social media user said.
Shiv Sena MP Sanjay Raut said, “Such things are very unfortunate, this hate-mongering looks politically inclined. We want justice to be delivered and no women should go through such gruesome virtual attacks. I wonder why Home Minister Amit Shah is a mute spectator? He should have taken objection and investigated such Apps and ban them on priority; he should seek reports from Delhi police for failing to take any action despite registering an FIR. One more FIR is made in Uttar Pradesh; CM Yogi Adityanath should immediately act against the culprits by delivering justice to the daughters of India. Meanwhile, Maharashtra Police are already investigating the issue.”
“Anything derogatory against Women is condemnable and reprehensible which deserves to be punished seriously. India has been a land that has been respecting women and, in some sects, they are placed on a pedestal as Goddess. Most of the Hindu casts and sub casts rever a lady’s position as Mother and Goddess – Devi. So also, in Christianity Mother Mary is revered for having given this world Jesus Christ. Merely because some of our population rever the Islamic Faith, it does not give a license to these Rabid individuals to degrade women. It is highly reprehensible and severe punishment deserves to be meted out to the offenders,” said Adv Satish Maneshinde.
Congress leader Priyanka Gandhi Vadra said, “Communal forces consider sexual violence as their weapon. Those who sow the crops of hatred are committing sexual violence by targeting women based on identity, they are anti-society, constitution and country. Our Prime Minister not taking action against such people shows the anti-women ideology of his government.”
Mehbooba Mufti, leader of PDP said, “Appalling that the criminals behind such derogatory & demeaning actions against Muslim women are given a free run. Whether its open calls for genocide of Muslims or targeting Muslim women online, it is clear that these fringe elements enjoy the patronage of those in power.”
Maharashtra Cabinet Minister Nawab Malik told Afternoon Voice, “I have personally met the state home minister Dilip Valse Patil and demanded a probe. This is beyond annoyance to see vocal Muslim Women being auctioned online in Sulli Deals & Bulli Bai. I’ve also had a telephonic conversation with two such victims. I am shocked to see a level of hate and anger against a set of women. Maharashtra police will nab the culprits soon. Maharashtra will always stand with the daughters of the nation.”
“The Right Wing in India has been instrumental in creating a rift in the social fabric of the Nation, especially by creating unpleasant social behaviour against the Muslim community, in line with preachings of the likes of Golwalkar. In recent times VHP, Bajrang Dal type of RSS outfits have had posed problems for all minorities in India, this needs no clarification. Even Retired Army officers like Maj Gen GD Bakshi and Lt Gen SP Sinha have been ultra-vocal against Muslims and have faced social Backlash. Godi Media has been raging war-like situations against the Muslim community. I recollect BJP leaders insulting Kashmiri Muslim women post Article 370 abrogation. Many BJP leaders have been caught in sex rackets. The literate yet uneducated segment of Right-wing society flares up nuisance such as these ‘Sulli Deals’ creating unwarranted mayhem. In a country such as ours, women are worshipped as Goddesses and it’s against our cultural traditions to demean women. “Beti Bachao” is much needed, against such mindless Right-wing people, who are unethical and sort of Anti-Indian Ethics,” Nishant Varma, a political analyst said.
Preeti Sharma Menon leader of AAP said, “In a country where the Prime Minister follows social media abusers’ women are just not safe on social media. But I never thought the trolls will fall so low, to sell profiles of Muslim women! I can’t imagine what those women must be going thru, to have their photos and profiles circulated like this. I hope Maharashtra govt acts.”
Nandita Thakur said, “I am totally against any such activities/threats of rapes or stalking of women on social media irrespective of their caste, creed, religion or political affiliation. We are living in a world where any crime against women is immediately segregated into various sections like caste, religion, political ideology and then accordingly reactions come. Since the ‘Sulli Deals’ or ‘Bulli Bai’ target were Muslim women without even any investigation Right wingmen were blamed by left-wing activists and Liberals. Last year when Sulli Deals happened the blame was put on the Right-wing but later on, one Zaved Alam‘s name cropped up with his telegram chats with Zubair. With the elections in UP, Punjab and other states, this is a clear attempt to polarise the election, create a negative image of India and BJP internationally. Before Jumping to conclusions Leftists and Liberals should wait for investigation agencies’ reports. In the past, even I was threatened with rape on Twitter, not just me but the person who had threatened to rape my mother and my daughter (which I don’t have). Derogatory remarks were made by a fan of the then Congress Social Media warrior and now Rajya Sabha MP. Women from all sides face such threats, abuses since we stand divided. It’s high time women issues are seen as women issues and not as Hindu-Muslim, upper caste-lower caste, North-South women issues.”
Adv. Abha Singh said, “Our heads should be held in shame. I am shocked to read that Muslim women are on sale with their faces on Apps like Bulli Bai. Some mischievous people trying to humiliate strong and empowered women to create a bad blad in Hindus and Muslims. I hope that the Police take action under 295A of the IPC for spreading hatred and creating a rift between two communities. An FIR is registered against these culprits with vested interests. Interpol can be helpful as these sites have overseas registration. A year before Sulli deals was trending but no Action was taken against it. Let us stand against these miscreants trying to divide women into communal lines.”
Journalist Arfa Khanum Sherwani said, “In our country where women are worshipped goddesses, today getting auctioned on Apps. The deals are set for them and people are silent on such serious issues, is it because they are not the women of your family? Is this new Indianness? Are these your principles, are these your values? History will not forgive your criminal cowardice.”
Mohammed Zubair of Alt News stated, “They’ve at least 100 Influential Indian Muslim women’s photographs. @wannabesigmaf Twitter handle that had tweeted about it. Have archive links and screenshots of deleted tweets. It’s easier for Twitter to find who’s behind. Please file a Police complaint in Mumbai, Not Delhi. You must have seen the investigation by Delhi Police when there was a complaint last year for a similar case. Mumbai Police took 3-4 days to arrest a person who gave rape threats to cricket’s daughter from his anonymous account.”
Deepali Sawant a social media buff said, “This is a sponsored project to please those special voters in the election. The ultimate goal is achieved, now they only need a few more complaints and strong responses from minorities and of course the media to deliver it to every corner of Uttar Pradesh where CM Yogi/Reliance Jio could not procure internet. Also, special Hindi media will explain the matter to non-English speaking voters about it so they also enjoy the achievement of their elected government.”
Bilal Vazir, a social worker said, “Who really in this day and age, where one is busy with one’s own Job, has so much time to make an App to spread Hatred, can’t be a normal person. This looks like a politically motivated attempt to incite communal violence; Police must investigate the Politician’s angle behind this. The hate against minorities is increasing at a rapid rate. I don’t know whether the government will take any action or not. But whatever is happening puts India at shame.”
Arif Bilal a businessman said, “Previously some nonsense work like hate speech was virtually ignored. But personally, my hope for the present government is very low. Who has the time to look at these silly postings on the garbage apps, only those renting their empty minds to hate-mongering? But the media have a vested interest in keeping these types of news alive. They want some TRP and politicians want violence.”
Saudi Arabia's decision to ban Tablighi Jamaat has sent ripples across South Asia 10
Saudi Arabia’s decision to ban the Tablighi Jamaat has sent ripples across South Asia. Over the past two weeks, news of Saudi Arabia banning the Islamic religious revivalist movement the Tablighi Jamaat (TJ) and branding it a terrorist group has elicited much interest in the media across South Asia, according to The European Foundation for South Asian Studies.
Saudi religious leaders have for long viewed the TJ as “deviants”. Part of the reason for the ban was that the TJ does not see eye to eye with the kingdom’s own established revivalist movement, popularly referred to as Wahhabism. Established in 1926 by the Sufi Muhammad Ilyas al-Kandhlawi, of Chisti Tariqa, in the Mewat region of India, it began as an offshoot of the Deobandi movement.
The reaction of countries such as Pakistan, which condemned the Saudi decision to ban the TJ, and of several Muslim religious bodies and personalities across the sub-continent, that also took umbrage to it, left little doubt that the ban was on none other than the TJ, according to the European Foundation for South Asian Studies. Meanwhile, the Saudi ban threatens to adversely impact the TJ’s sizeable presence and its activities in South Asia.
Further, the Pew Research Center, for example, drew attention to the fact that some TJ followers have been accused of having ties to radical networks. On the other hand, Pakistan was quick to react to the Saudi ban, and it adopted a rather confrontational tone towards a patron nation that it is still working on mending frayed relations with.
Also, the assembly of the Pakistani province of Punjab, in which Prime Minister Imran Khan’s party is in majority, unanimously adopted a resolution calling the TJ a force for good. The merits or otherwise of the Saudi decision notwithstanding, the ban will certainly impact upon the TJ’s activities in South Asia. In addition to the Saudi regime’s dislike of the TJ as brought out afore, the winds of change that are flowing through the Saudi Kingdom may also have played their part in the decision being taken, according to the European Foundation for South Asian Studies.
Influential BJP leaders from Maharashtra lobbying for NCB official Sameer Wankhede in Delhi, alleges Nawab Malik 12
Maharashtra Minister and Nationalist Congress Party (NCP) leader Nawab Malik on Sunday alleged that some influential BJP leaders from Maharashtra are Lobbying for Narcotics Control Bureau (NCB) zonal director Sameer Wankhede at the level of Union Home Ministry for the further extension of his tenure, which came to end on December 31 last year.
Addressing a press conference, the NCP leader said, “Despite negative report against Sameer Wankhede for his wrongdoings, some influential BJP leaders are pursuing with the Union Home Ministry to change his negative report to positive and get him an extension in NCB. Let them do that. After the order is issued, we will seek information under the RTI and expose the manner in which it has been done.”
Malik alleged that that NCB zonal director Wankhede is deliberately planting some news and is also, deliberately saying that he does not want an extension. He further alleged that the NCB officer continued his wrongdoings despite a series of exposes by him and they are still trying to trap innocent people. “The NCB is still trying to trap innocent people. After October 2, I exposed many wrongdoings of NCB, but that these frauds of NCB are still going on,” he said.
He also released two audio tapes about the purported talk between the NCB officer and witnesses asking them to give their backdated signatures in one case registered in June 2021 in which the panchanama was already carried out. “I have released two audiotapes consisting of conversations between the witnesses and the NCB officers. NCB is putting pressure on the witnesses to come to the office and sign in the matter. Already panchanama (record) has been completed but now NCB is demanding backdated signature from the witnesses,” he alleged.
“I will expect the DG NCB to conduct a probe into this and take action against the concerned officers,” he added. The Maharashtra Minister said he has not been restrained by the High Court for exposing wrongdoings in the NCB in the defamation case filed by the NCB zonal director Sameer Wankhede’s father Dnyandev Wankhede.
“I will not be scared but will continue to expose wrongdoings of NCB in future too,” he said. Malik further said NCB had formed the SIT and also vigilance committee to probe the wrongdoings and complaints made by him against Wankhede and other officers with regard to extortion and ransom in various cases.
“I would like to know what happened to the investigations by SIT and vigilance committee of NCB. The NCB should release their reports. No matter how much you save, we will expose such people and punish them,” he warned. Malik alleged that a PR agency has been deployed to carry out a misinformation campaign against him. “A section of press recently carried the news that NCB has moved to the High Court seeking quashing of the bail granted to my son-in-law Sameer Khan. But the papers, which were unsigned, were released by the PR agencies. Why NCB has singled out and taken this decision against Sameer Khan when there are six accused in the case? We are ready for a legal battle and we have already filed a petition with a plea to quash the NCB case against Sameer Khan,” he said.
Meanwhile, he also took strong objections against photos of women put up for online auction on apps and sought immediate action against them. “Some Muslim women, who are vocal on various issues, are being targeted. Some of them are from Maharashtra. I will write to the Home Minister and seek action against these apps,” he said.
Story of school dropout Abhijeet Dhananjay Sarag becoming Kalicharan 14
Abhijeet Dhananjay Sarag, born in a middle-class family of Shivaji Nagar, the old city of Akola, Maharashtra. He belongs to the Bhavsar community. His father Dhananjay Sarag has a medical shop in Jain Chowk. Kalicharan aka Abhijeet Sarag studied in Shivaji Nagar Parishad School till class VIII only. Due to a lack of interest in studies, his parents sent him to Indore at his aunt’s place.
It was here that he learned to speak Hindi from Marathi. Apart from this, He started visiting Bhayyuji Maharaj’s ashram, he started taking interest in ashram work. While volunteering his services at the ashram, he came in touch with Bhaiyyuji Maharaj. He took Diksha from his Guru Bhaiyyuji Maharaj. There, he learnt to speak Hindi and started leaning towards spirituality. He started to be known as ‘Kalicharan Maharaj’ after that.
Kalicharan soon moved to an ashram in Mudumalai, Tamil Nadu, where he claimed to have seen a vision of Rishi Agastya, one of the most revered saints of Hindu mythology. He says it was this that inspired him to become a sadhu. Kalicharan, is in his mid-40s, his exact date of birth is unknown, but some reports suggest he was born in 1973.
In 2020, Kalicharan became a social media sensation after videos of him singing the Shiva Tandav Strotra went viral. The video was from Bhojeshwar Shiv Temple in Madhya Pradesh. His popularity secured the path for many such videos. One of the professionally rendered videos of his singing Tandav Stotra has gained over two crores views on YouTube. From YouTube popularity, he got his entry into the saffron clan.
Kalicharan Maharaj is quite popular and many of his videos chanting Mantras and Slokas from Hindu scriptures have gone viral. He had tried his luck in civic polls in 2017 but did not succeed. There were rumours that he would contest the Lok Sabha elections in 2019. Kalicharan has been in news recently after the Chhattisgarh government filed FIRs on him over the statements he made at the Raipur Dharma Sansad. He had criticized MK Gandhi and had held him responsible for the partition of India and the brutal massacre of lakhs of Hindus.
Many Hindus religious organizations started inviting him, he became the talk of the town with his red robe with a round tilak on his head and is a Shiv and Kali devotee. He was famous within Hindu fanatic groups. On December 30, Kalicharan was arrested by Raipur Police for criticizing Mahatma Gandhi during a speech in the ‘Dharm Sansad’ event in Chhattisgarh.
Kalicharan booked a guest house in Khajuraho but did not stay there; instead, he went to a rented house some 25 km from Khajuraho to dodge the police, who had been looking for him since the day a case was filed against him. To evade the police from tracking, all his close aides had also switched off their phones. Finally, some of his close friends tipped off the Police about his whereabouts. Police laid a trap and caught him.
Initially, he tried to save himself by making calls to various sources, then he argued with police, and finally surrendered to them. Madhya Pradesh Home Minister Narottam Mishra alleged the Chhattisgarh Police violated inter-state protocol by arresting Kalicharan from the state without informing local police and asked the Madhya Pradesh police chief to take up the matter with his Chhattisgarh counterpart.
He received widespread criticism from the ruling Congress government in Chhattisgarh. Sushil Anand Shukla, the state Congress communication wing head said that the use of such words against Mahatma Gandhi was highly objectionable.
This is not the first time that Kalicharan has made provocative speeches. On December 19, he made derogatory comments about Christians and Muslims at an event in Pune, prompting the police to register a case against him and five others. He is a hardcore hate monger and created a lot of unrest between communities.
The governor's power has become a controversial issue in Indian politics 16
The tussle between the governors and the ruling party of the state is not new to Indian politics. Remember how Delhi Chief Minister Arvind Kejriwal used to stage continuous protests against then the Lieutenant Governor. He was troubled by the Governor on various issues. When Arvind retained power for a second time his challenges to deal with Lieutenant Governor were minimized.
Similarly, during the last few years, the governors of Karnataka, Madhya Pradesh, Kerala, Maharashtra and, of course, West Bengal have played their roles in such a way as to make them highly debatable without essentially adding to the glory of the position and Raj Bhavan. The negative image of the state governors as “a proxy of the centre” has proven to be difficult to abolish.
The MVA government and governor have been engaged in a series of spats over various issues. In February, the state government denied Koshyari permission to use the state’s aeroplane to travel to Dehradun. Last October, Koshyari and the CM wrote letters to each other over the reopening of places of worship. The Governor ridiculed the CM as “secular” while Thackeray reminded him of the Constitution and the oath he had taken.
In September 2021, Governor wrote to CM following the Saki Naka rape incident, asking him to hold a two-day special session over security for women in the state. In response, Thackeray wrote back to Koshyari, saying that since violence against women was a national issue, Koshyari should request Prime Minister Modi and Union home minister Amit Shah to call a four-day special session of the Parliament to discuss the same. The present controversies have been around the issues of the speaker’s election. On December 28, the state passed the Maharashtra Public Universities Act Amendment Bill to curtail the powers of the Governor in appointing vice-chancellors of various universities.
The Governor said he had never questioned the prerogative of the House in the matter of its procedure/proceedings but he could not be pressured to give consent to a process “which prima facie appears to be unconstitutional and illegal, as enshrined in Article 208 of the Constitution”. Well! Article 208(I) of the Indian Constitution empowers each House of Legislature of a State to make Rules for regulating its procedures and conduct of its business. For nearly one year, the Governor has not approved the nomination of 12 members to the Legislative Council. But there are letters of exchange between the ruling party and governor. The government had planned to hold the election for the Speaker’s post on December 28, through a voice vote instead of the secret ballot.
The government has emphasized that the amendments are constitutional and the legislature has followed all procedures to make them. Also, the same practice is followed in the Lok Sabha and other states and that the Governor needs to act on the advice of the state cabinet. However, the Opposition had objected to it, stating that rules of the Speaker’s election cannot be amended in the absence of the Speaker and called the MVA government the “most insecure government”.
While the legislature has the power to amend the rules a similar process was followed in the Lok Sabha. Maharashtra adopted the same process of electing the Speaker by voice vote. The same tradition is followed in other states. Therefore, the decision taken by the Maharashtra legislature is not unconstitutional.
Under Article 178 of the Constitution, the Speaker is chosen by the Assembly, which means it is an internal procedure of the House and the Governor has nothing to do with it. Similarly, Article 208 of the Constitution also states that the internal matter of the legislature is decided by the House; however, it must be in conformity with the Constitution, which has been followed in this case. It again means that it is the prerogative of the state Assembly whether the election is conducted by a secret ballot system or voice vote etc. Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
We all must know that the office of the governor under the constitution of independent India is overall altered from the provincial governors of the Maurya, Mughal or British empires. The Governor’s role and purposes had been broadly debated by some of the think tanks of the Constituent Assembly like Dr Ambedkar, Dr P.S. Deshmukh, T.T. Krishnamachari, H.V. Kamath, Pt. H.N. Kunzru, Alladi Krishnaswamy Ayyar, Rohini Kumar Chaudhury, Shibban Lal Sakshena, K.M. Munshi.
Their understanding was that the proposed constitution was creating ‘responsible government’ in the states as much as at the centre — that is, responsible alone to the respective legislatures, that the states were indeed sovereign within their own domain, that the discretionary power, beyond the specific situations mentioned in the constitution, does not enable a governor to override the state government. As Dr Ambedkar had said, “I have no doubt in my mind that discretionary power is in no sense a negation of responsible government. It is not a general clause giving the governor power to disregard the advice of his ministers in any matter in which he finds he ought to disregard.” Therefore, selecting a chief minister of his choice or creating/utilizing opportunities for defections to change the party in power cannot be a governor’s job.
Ruckus over Speaker's election - Thackeray's letter belittled and denigrated the highest constitutional office of the Governor 24
Since Maha Vikas Aghadi came to power there has been a continuous tug of war between the Maha Vikas Aghadi government and Governor Bhagat Singh Koshyari. Maharashtra Chief Minister Uddhav Thackeray had written a letter to the Governor apprising him of the cabinet’s decision to conduct the assembly speaker’s election on December 28 by open vote instead of a secret ballot.
This was the third letter addressed to Raj Bhavan on the matter; a letter recommending election to the Constitutional post was sent to the Governor on December 24, and a delegation of senior MVA leaders approached Koshyari with another letter from the CM, requesting his assent to hold the election, on December 26.
However, the Governor did not give his approval to hold the election and objected to an amendment in the rules for the election, made on December 23, which provided for open voting instead of a secret ballot. Terming the amendment “unconstitutional” and “illegal”, Koshyari’s letter which circulated on Wednesday with its date cropped, said that he cannot be pressured to consent to the process as it needed to be legally examined.
Governor Koshyari in his reply to CM Thackeray over the proposal of notifying the Speaker’s election mentioned that, “the latter has taken nearly eleven months to initiate the process of Speaker’s election and the Maharashtra Assembly Rules 6 and 7 have been amended drastically.
Sources in the government said that the decision on holding the election for the Speaker post will be taken on Tuesday morning after getting a legal opinion. The position fell vacant after senior Congress leader Nana Patole resigned to take up a party post (state party president) on February 4. Since then, deputy Speaker Narhari Zirwal is holding charge of acting Speaker in the Lower House.
Koshyari’s letter stated
“You mentioned that the said rules have been framed under Article 208 of the Constitution. It would be pertinent to mention that the same Article clearly elucidates that ‘A House of the Legislature of a State may make rules for regulating, subject to the provisions of the Constitution, its procedure and the conduct of its business…’ I am personally pained and dismayed to see the intemperate tone and threatening tenor of your letter which has belittled and denigrated the highest Constitutional Office of the Governor. Consent for holding of this election under the amended rules which prima facie appear to be unconstitutional and illegal cannot be given at this stage. It is also noteworthy to mention that you have taken nearly eleven months to initiate the process of election of speaker and the Maharashtra Assembly Rules 6 and 7 have been amended drastically. Thus, the impact of these far-reaching amendments needs to be examined legally.
I have never questioned the prerogative of the House in the matter of its procedure/proceedings; however, I cannot be pressured to give consent to a process which prima facie appears to be unconstitutional and illegal as enshrined in Article 208 of the Constitution.”
BJP spokesperson Keshav Upadhyay said, “This Maha Vikas Aghadi Government has failed on various fronts; they could not hold their grounds on constructive politics. To hide their flaws, they always looked for some of the other targets, sometimes they blame the centre for not allotting funds, sometimes central leadership and most of the time honourable governor because he refuses to come under the pressure of the ruling government’s undue tactics. This government is now creating a tussle over the election to the Speaker’s post, in the process, they are mortifying the Governor which is exposing their behavioural disorder. This is the first time in Maharashtra’s history the state governments are seen ill-treating the highest civilian post.”
BJP MLA Ram Kadam, “Ever since the tricycle government came to power, they have been disrespecting the Governor of the state on various occasions. The Maha Vikas Aghadi deliberately denied permission to Koshyari to use the state’s aeroplane to travel to Dehradun. This incident has maligned Maharashtra’s image. This time they wrote a threatening letter to him; such irresponsible behaviour is just not actable. Meanwhile, we are not in favour of holding elections without the Governor’s consent. It would not be appropriate to proceed with the election in view of the fact that 12 lawmakers of the party had been suspended for a year during the Monsoon Session held in July.”
Shiv Sena leader Subhash Desai said, “The state government has made some suggestions to the Governor and looking at those recommendations, the Governor is expected to make decisions soon. We have been taking utmost care so that the position of the governor is not disrespected. Yesterday, the matter would have gone to extreme level but the MVA government chose to exercise restraint and it was decided that the Speaker election will be held with Governor’s permission.”
Sena MP Sanjay Raut said, “I don’t blame the honourable Governor Koshyari, he is probably unhappy because he is under pressure from the central government. Probably the union home ministry is pressuring him not to nominate 12 persons recommended by the MVA government as members of the legislative council.”
Koshyari is still to clear the 12 names recommended by the state cabinet last year for an appointment to the legislative council. Out of the 78 members of the upper house, 12 are appointed every six years by the Governor on the recommendation of the state government.
State BJP leader Pravin Darekar said, “The chief minister needs to take a stand as the head of the state and not as head of a party. The Governor made no comment on powers of the legislature but sending him a letter with a warning tone and giving an ultimatum is dishonourable and has brought disgrace to the state. The sorrow expressed by the Governor was apparent.”
Congress state working president Arif Naseem Khan said, “Governor Koshyari is behaving like a leader of BJP while sitting on a Constitutional position. He has been creating obstacles for the state government. This time he did not allow holding of the Speaker’s election. This is despite the state government following all the rules and procedures. He should be recalled by the central government.”
Unemployment surged in India - 77% of the families reportedly have no regular wage earner 29
The unemployment rate of India is currently standing at 9.4 per cent which in absolute terms means that around 40 million people in India are currently unemployed. India’s jobless rate rose as unemployment surged in the nation’s rural areas; even as non-farm jobs notch up gains with the economy emerging from pandemic curbs.
Recently fifteen job openings for peons, drivers and watchmen in Madhya Pradesh’s Gwalior saw nearly 11,000 unemployed young men flock to the city on Saturday and Sunday not just from within the state but also from neighbouring Uttar Pradesh.
Although the jobs needed candidates who had cleared the 10th-grade exams, applicants included graduates, post-graduates, engineers, MBAs, and even civil judge aspirants. People who have PhD were in the line there.
Madhya Pradesh Chief Minister Shivraj Singh Chauhan said, “We will recruit one lakh in a year. We will leave no stone unturned to fill the backlog posts,” he said a few days ago, adding, “Everyone wants employment in government services but I want to tell you the truth is that each and every student can’t get a government job.”
But numbers tell a different story. The total number of unemployed in the employment registration offices of Madhya Pradesh is 32,57,136. This is in spite of the fact that the School Education Department has 30,600 vacant posts, Home Department has 9,388, Health Department has 8,592, and the Revenue Department has 9,530 vacancies.
Around one lakh posts are vacant in different departments of the state government. A recent street vendor scheme of the government saw 15 lakh applications; of the 99,000 selected, almost 90 per cent are graduates. However, another figure – that from the National Crime Records Bureau (NCRB) – shows that no fewer than 95 people have died by suicide because of unemployment last year in Madhya Pradesh alone.
T Dilip said, “Unemployment and underemployment in India are caused by more basic structural factors such as lack of capital, use of capital-intensive technologies, lack of access to land for agricultural household, lack of infrastructure, the rapid growth of population resulting in large annual increments in labour force year after year.”
Adv Sudhakar said, “Reason for the slow growth of employment in the organized sector has been the existence of unduly rigid protective labour legislation which makes it very difficult to retrench a worker who has been employed for 240 days. Labour legislation is so rigid that it is even difficult to close down the unit and quit the industry. Thus, this excessively protective labour legislation induces private entrepreneurs to prefer the maximum use of capital in place of labour.”
Shivendra Tripathia student says, “Rising population is one of the major causes of unemployment in India. The shift of the Indian economy from the agriculture sector to the service sector. Various climatic factors and Pandemic such as Covid-19 has exaggerated the situation. Discriminating in giving employment on the basis of race, caste, sex and religion could be also a major cause of unemployment among vulnerable sections of society. The slow economic growth of India in the past few decades has worsened the situation. Migration of people from rural to urban areas can also lead to unemployment in urban areas.”