Getting old is an unavoidable facet. The same became more of an advantage than a liability when the Ansal brothers got released from their sentenced punishment because of their “old age”.
Sushil Ansal (75) and Gopal Ansal (67) were granted bail on Friday when the Supreme Court said that Sushil is “fairly aged” and his younger brother deserves “parity” with him and that it was not “fruitful” for them to undergo rigorous punishment.
On June 13, 1997, 59 people died and over 100 were injured when a fire broke out at Uphaar Cinema, New Delhi during the screening of Border.
A probe into the incident revealed several regulatory violations such as- no functional public announcement system, no emergency lights, foot lights, or exit lights; and blocked gateways (due to unauthorized seating arrangement installed by the theatre authorities).
Ansal brothers alone can’t be held responsible for this fiasco. The fire broke out due to faulty wiring in the transformer that was installed by Delhi Vidyut Board (DVB) in the cinema hall.
“The cause of death was suffocation due to the fire and the Ansal Brothers can’t be blamed for that,” argued Ram Jethmalani , lawyer for the estate barons in 2008 hearing in HC.
If old age is being taken into consideration while releasing the Ansal brothers, then what about Om Prakash Chautala (80) and Subroto Roy (67)? Both of these men are in jail for committing financial crimes, yet they haven’t been released till now considering their “old age”.
As per the data compiled by the National Crime Records Bureau (NCRB), more than 87,000 people, 60 and above, were arrested under the Indian Penal Code and Special Local Law crimes in 2014. In 2013, around 53,000 people in the age group 50 and above were put behind bars.
The victims of this horrible accident united under the banner name of the ‘Association of Victims of Uphaar Fire Tragedy’ (AVUT), which won ₹25 crore as a compensation for their dead relatives. However, Supreme Court, on 13 October 2011, nearly halved the sum of compensation awarded to them by the Delhi High Court.
The fire broke out 18 years back, when Sushil Ansal was 57 years old and Gopal Ansal was 49. Our judicial system didn’t give them an ‘appropriate punishment’ at that time, and now it is ‘replacing’ their punishment by a means of monetary compensation. Have the brothers grown too old or has our law enforcement got too weak?
If the Ansal brothers are too old to deal with the punishment given to them. then think about the families of those 59 who have grown old in the memory of their loved ones.
The tragedy took place a long time back, but it’s wounds are still fresh. And those who gave these wounds have grown “too old” to suffer their wrongdoings! Is this is uphaar (gift) from our judiciary to these brothers?
An all-out war of words broke out last week between the BJP and the Congress on the 1975 Emergency. Observing June 26 as a ‘black day’, several BJP leaders targeted the Congress at events held across the country to highlight the Emergency’s excesses. Leading the charge with a sharp attack on the Congress was Prime Minister Narendra Modi. Addressing BJP workers in Mumbai last Tuesday, the prime minster said the country still refers to June 26 as a ‘dark period during which every institution was subverted and an atmosphere of fear was created’.
Without naming the Nehru-Gandhi family, Modi said the Constitution was misused at the behest of one family. He further went on to say that the mentality of the family had not changed even now after 43 years of the Emergency. ‘Whenever the family feared loss of power, it keeps shouting that the country is in crisis,’ the prime minister added. Expectedly, the Congress hit back with equally sharp criticism of the Modi government, equating Modi to Aurangzeb. It alleged that the prime minister was even crueller than the Mughal emperor as Modi has “enslaved democracy” in the country for the past 49 months with an “undeclared emergency”.
The 21-month period from 1975 to 1977, when the then prime minister Indira Gandhi had declared Emergency, was indeed a dark chapter in India’s democratic history. This was the third national Emergency – the first one was in 1962 when China invaded India and the second was in 1971 during the war with Pakistan – and the only one to be declared citing the “internal disturbances”. During the 1975 Emergency, opposition leaders were arrested, civil rights curbed, elections postponed, anti-government protests crushed and press censored. It shook India to its core as the freedom to liberty, dissent and express ceased to exist. All this is well-known and in public domain. Therefore, what was so special about the 43rd anniversary of Emergency that the BJP observed as ‘black day’?
Bringing back memories of the Emergency days was clearly aimed at striking at the Congress’s weak spot. It was also meant to neutralise Congress president Rahul Gandhi’s frequent ‘murder of democracy’ gibes directed at the Modi government. This was not entirely unexpected in a pre-election year; neither was the Congress’s equally sharp response by likening Modi to Aurangzeb. As 2019 general elections approach, not only the political exchange between the two parties will gather momentum, but over the next 10 months, election-driven rhetoric, name-calling, inane allegations and historical debates will increase. Reminding Congress of the Emergency is just the beginning.
While terming the Emergency as an ‘aberration’, the Congress has never expressed any remorse about the dark chapter in its history or condemned it. Claiming that during Emergency, Mrs Gandhi targeted the rich, black marketers, hoarders and zamindars is no justification for curbing civil liberties and press freedom and neutralising the opposition. The hesitation to admit Emergency as a major mistake has denied the Congress an opportunity to reassert its commitment to democratic values, though it was the primary builder of democracy in India after independence.
The Emergency happened 43 years ago and both, Mrs Gandhi and the Congress, lost power because of it in 1977. Since then, the Congress has ruled at the Centre several times without resorting to emergency measures. On the contrary, it has shown its commitment to democratic order and liberal values far better than the current BJP-led government. The Emergency of 1975 and the violations of civil liberties and press freedom were all real. But its parallels can be drawn with the contemporary situation, which is marked by erosion of institutional independence and integrity, rising intolerance and increasing mob violence which stems from the ideological support of the ruling party.
The right-wing assaults on constitutional institution and individuals’ democratic rights are for real, though there is no Emergency in force in India today. While conventional opposition leaders and parties have the liberty to become more than conventional Opposition and there is also the rising wave of resistance to right-wing assaults on individual rights and institutions, it is also true that there are whiffs of Emergency sentiments in the air and the strains of the Emergency doctrine and pulsations of fear are quite obvious. The Congress is not entirely off the mark when it accuses the Modi government of ‘undeclared emergency’ as the freedom of the media, people’s freedom of expression and their right to live without fear have come under new kinds of threats.
There is no overt press censorship but the government has tried to muzzle and manipulate the media through various means. A section of the media has either caved in to the fear of administrative power or fallen for the lure of money-power. Apart from the media, there have been sustained attempts to weaken and misuse other constitutional and non-constitutional institutions, including the judiciary. Interestingly, all this is happening when the BJP is in power and questioning the Congress’s commitment to the principles and practice of democracy, while the BJP has diluted its own commitment to the philosophy of parliamentary democracy, liberal values and press freedom.
This is quite surprising because while the taint of Emergency continues to haunt the Congress, the BJP, despite its proud status of a party whose leaders were at the forefront of the struggle against the Emergency 43 years ago, is not deterred to misuse the levers of power against its political opponents, ‘difficult’ sections of the media, and independent or ‘inconvenient’ voices that question the government on various issues. With scant regard for critical debate and plurality of views under the current ruling dispensation, what we are seeing now is some kind of a role reversal. Mrs Gandhi subverted institutions to retain power. The BJP is trying to do the same by weakening the same institutions.
The Emergency should serve as a warning to political parties: threats to democracy and people’s constitutional rights – either directly or indirectly – create resentment and negative public opinion against government. The Emergency created a unity among opposition parties that never existed before and became the cause of Mrs Gandhi’s defeat. It is too early to say whether the Modi government’s attempts to misuse democratic institutions for his party’s narrow interests and the right wing attacks on institutions and rights of citizens will help create similar kind of opposition unity, which will determine the outcome of 2019 elections. (IANS)