Why
should Rama Setu be protected? – a para-legal excursus
Here is an account of the happenings in the Supreme Court on Rama Setu
protection case and the consequent introspections on why Rama Setu should be
protected despite the bogus, baseless arguments advanced on grounds of
non-existent abhyudayam.
When Court asked Senior Advocate Shri Parasaran as to why he was arguing on
'this' side (that is, the side of the petitioners seeking protection of Rama
Setu and hence, Dharma), he responded emotionally that he is at the fag-end
of his life and career and this was an opportunity provided for him to
protect dharma and he also told the Court that this was an opportunity for
the Court also to participate in this sacred responsibility of protecting
dharma.
When Court asked Dr. Subramanian Swamy how SC can overcome the jurisdiction
problem of questioning policy decisions or economic issues, Dr. Swamy
responded effectively and convincingly that it was incumbent on the court to
intervene when a fraud or gross illegality can be demonstrated that the
economic viability of the project was a fiction created with baseless data
and that the project was fradulent. He went on to demonstrate that the
project will be in the red for Rs. 56 crores in Year 1 and Rs. 150 crores in
Year 9 and thereafter using the figures given by the Union of India in their
documents. These losses are, in fact, understatements. The actual losses
will be much larger if social costs are reckoned (as required under law), if
maintenance dredging costs are fairly computed and if security costs (both
capital and maintenance costs) are included in the project costs. Dr. Swamy
also demonstrated the need to make Hon'ble TR Baalu a respondent because of
conflict of interest with involvement in stevedoring or marine product
export companies.
Senior Advocate Soli Sorabjee responded effectively to the stupid question
which stated that the bhumaata is sacred, the mountains are sacred, Ganga is
sacred, trees are sacred that this perception should not stop removal of
stones or building of bridges. This was rebutted effectively citing the
responsibility of the State under Article 25 to protect Religious Freedom
and not to destroy, by desecration, the very character of the Rama Setu
which is a bridge built by Rama to establish dharma. Not an inch, not a
piece of rock from this ancient monument can be touched by any power on
earth. Section 295 of Criminal Procedure Code makes it a cognizable offence
to offend the sentiments of crores of Hindus worldwide. The Court was also
told that Ganga Sagar and Sethu are places of worship in the Indian Ocean.
Skandapurana which is the sacred text of identified teerthasthaanas and puja
vidhaanam prescribed the worship of Rama Setu and the s'ivalinga installed
in the middle of Rama Setu uttering Setumadhava and Ramanatha (Ashtakshari
and Panchakshari mantras) and walking on the Setu. Every ashadha amavasya
day every year, over 5 lakh pilgrims gather at the Setu tirtham and offer
tarpanam to pitrus – ancestors are worshipped with the sankalpa which
starts: Sri rama rama rameti… He is Maryada purushottama, Ramayana is the
aadi kaavya, There can be no Ramayana without Setubandhana which is the very
symbol of what can be accomplished with will and determination and the
symbol of establishment and protection of dharma. This is a memory
venerating Sri Rama as vigrahavaan dharmah (the very embodiment of dharma),
the paramaatman in the role of an avatara to demonstrate dharma in action.
The battle is just joined. The Setu has to be declared as an Ancient
Monument and World Heritage. Setu which has protected the nation's coastline
and symbolizes the unity and integrity of the nation cannot be desecrated
like the Taliban demolishing the Bamiyan Buddha calling it mere stone. Setu
also makes us remember Sri Rama, Vigrahavaan dharma, the very embodiment of
dharma. Setu is not mere stone bridge, it is the very identity, the very
core of Sanatana Dharma from time immemorial, the very embodiment of Dharma
identity. It just cannot be touched even by cutting a one centimetre furrow.
So many multi-disciplinary issues were joined in the court proceedings. Over
8000 pages of evidence and arguments and case laws were presented. The Court
had the obligation to recognize the enormity and stupendous nature of this
continuum of faith, belief and worship and respect the sentiments of crores
of people, as a civil society and restoring the confidence of the people in
the institutions which they have created to run this samajam. A fence cannot
be allowed to eat away the crop. Institutions exist only at the service of
and at the responsibilities entrusted to these institutions by the people.
Many teams of persons have contributed to this extraordinary Hindu unity and
effort. Starting with Shri D. Kuppuramu who founded the Rameshwaram Rama
Setu Protection Movement, Senior Advocate Shri TV Ramanujam, counsel for
Shri Rama Gopalan of Hindu Munnani and Dr. Subramanian Swamy who got the
Chief Justice of Madras High Court to issue the directions of HC on 19 June
2007 asking for the declaration of Rama Setu as an Ancient Monument and to
ask for proceeding with any project without demolishing or desecrating Rama
Setu has just been reconfirmed by the highest court of the land by the
directions issued on these two momentous issues.
The directions are historic and let us hope that one of the institutions
which we have given to ourselves, respects the Law of the land and does not
play games with the directions (as was done by withdrawing the bogus
affidavit of ASI and thereafter making false promises unfulfilled) .
The responsibility is enormous to use this opportunity given to us by Sri
Rama to educate the youngest nation of the world, the 35% of the population
which is less than 15 years of age, to realize the great heritage of Dharma
and the importance and significance of the two great Itihaasas, Ramayana,
the Aadi kaavya and Mahabharata. Sri Rama, Sri Krishna and Sri Mahes'vara
united north and south, east and west and across every nook and corner of
Bharata Varsha. They adorn the lithographed version of the Constitution of
India published by the Govt. of India with exquisite illustrations by the
artist, Shri Nandalal Bose.
No institution, not even the Supreme Court, can pass on the buck and refuse
to entertain issues related to National security citing jurisdictional
boundaries. In this case, ample evidence was provided on the national
security implications of any decision to desecrate Rama Setu and the social
upheaval that such a move will entail, destroying the very fabric of the
samajam and the constitutional framework which we have given to ourselves.
The State cannot abdicate its responsibility to protect the ancient heritage
by citing dubious investigation problems. The evidence is overwhelming: Rama
Setu is a sacred place, a world heritage. Until this is recognized by one
and all -- the organizations of governance and jurisprudence, the movement
shall continue with redoubled vigour and determination. It is the court of
the people that the protection of Rama Setu will be ensured. This is an
occasion to recognise the possibility and ensure that it happens – the
construction of a temple for Sri Rama in Ramajanmabhumi. As Srilanka, our
neighbour, looks towards Bharatam, as the Indian Ocean Community beckons,
let this be the start and renewal of Dharma renaissance, a start for Marine
Economic Zones to benefit all the coastal people and lead to abhyudayam in
their livelihood as a socio-cultural- ecomic imperative.
Here is an account of the happenings in the Supreme Court on Rama Setu
protection case and the consequent introspections on why Rama Setu should be
protected despite the bogus, baseless arguments advanced on grounds of
non-existent abhyudayam.
When Court asked Senior Advocate Shri Parasaran as to why he was arguing on
'this' side (that is, the side of the petitioners seeking protection of Rama
Setu and hence, Dharma), he responded emotionally that he is at the fag-end
of his life and career and this was an opportunity provided for him to
protect dharma and he also told the Court that this was an opportunity for
the Court also to participate in this sacred responsibility of protecting
dharma.
When Court asked Dr. Subramanian Swamy how SC can overcome the jurisdiction
problem of questioning policy decisions or economic issues, Dr. Swamy
responded effectively and convincingly that it was incumbent on the court to
intervene when a fraud or gross illegality can be demonstrated that the
economic viability of the project was a fiction created with baseless data
and that the project was fradulent. He went on to demonstrate that the
project will be in the red for Rs. 56 crores in Year 1 and Rs. 150 crores in
Year 9 and thereafter using the figures given by the Union of India in their
documents. These losses are, in fact, understatements. The actual losses
will be much larger if social costs are reckoned (as required under law), if
maintenance dredging costs are fairly computed and if security costs (both
capital and maintenance costs) are included in the project costs. Dr. Swamy
also demonstrated the need to make Hon'ble TR Baalu a respondent because of
conflict of interest with involvement in stevedoring or marine product
export companies.
Senior Advocate Soli Sorabjee responded effectively to the stupid question
which stated that the bhumaata is sacred, the mountains are sacred, Ganga is
sacred, trees are sacred that this perception should not stop removal of
stones or building of bridges. This was rebutted effectively citing the
responsibility of the State under Article 25 to protect Religious Freedom
and not to destroy, by desecration, the very character of the Rama Setu
which is a bridge built by Rama to establish dharma. Not an inch, not a
piece of rock from this ancient monument can be touched by any power on
earth. Section 295 of Criminal Procedure Code makes it a cognizable offence
to offend the sentiments of crores of Hindus worldwide. The Court was also
told that Ganga Sagar and Sethu are places of worship in the Indian Ocean.
Skandapurana which is the sacred text of identified teerthasthaanas and puja
vidhaanam prescribed the worship of Rama Setu and the s'ivalinga installed
in the middle of Rama Setu uttering Setumadhava and Ramanatha (Ashtakshari
and Panchakshari mantras) and walking on the Setu. Every ashadha amavasya
day every year, over 5 lakh pilgrims gather at the Setu tirtham and offer
tarpanam to pitrus – ancestors are worshipped with the sankalpa which
starts: Sri rama rama rameti… He is Maryada purushottama, Ramayana is the
aadi kaavya, There can be no Ramayana without Setubandhana which is the very
symbol of what can be accomplished with will and determination and the
symbol of establishment and protection of dharma. This is a memory
venerating Sri Rama as vigrahavaan dharmah (the very embodiment of dharma),
the paramaatman in the role of an avatara to demonstrate dharma in action.
The battle is just joined. The Setu has to be declared as an Ancient
Monument and World Heritage. Setu which has protected the nation's coastline
and symbolizes the unity and integrity of the nation cannot be desecrated
like the Taliban demolishing the Bamiyan Buddha calling it mere stone. Setu
also makes us remember Sri Rama, Vigrahavaan dharma, the very embodiment of
dharma. Setu is not mere stone bridge, it is the very identity, the very
core of Sanatana Dharma from time immemorial, the very embodiment of Dharma
identity. It just cannot be touched even by cutting a one centimetre furrow.
So many multi-disciplinary issues were joined in the court proceedings. Over
8000 pages of evidence and arguments and case laws were presented. The Court
had the obligation to recognize the enormity and stupendous nature of this
continuum of faith, belief and worship and respect the sentiments of crores
of people, as a civil society and restoring the confidence of the people in
the institutions which they have created to run this samajam. A fence cannot
be allowed to eat away the crop. Institutions exist only at the service of
and at the responsibilities entrusted to these institutions by the people.
Many teams of persons have contributed to this extraordinary Hindu unity and
effort. Starting with Shri D. Kuppuramu who founded the Rameshwaram Rama
Setu Protection Movement, Senior Advocate Shri TV Ramanujam, counsel for
Shri Rama Gopalan of Hindu Munnani and Dr. Subramanian Swamy who got the
Chief Justice of Madras High Court to issue the directions of HC on 19 June
2007 asking for the declaration of Rama Setu as an Ancient Monument and to
ask for proceeding with any project without demolishing or desecrating Rama
Setu has just been reconfirmed by the highest court of the land by the
directions issued on these two momentous issues.
The directions are historic and let us hope that one of the institutions
which we have given to ourselves, respects the Law of the land and does not
play games with the directions (as was done by withdrawing the bogus
affidavit of ASI and thereafter making false promises unfulfilled) .
The responsibility is enormous to use this opportunity given to us by Sri
Rama to educate the youngest nation of the world, the 35% of the population
which is less than 15 years of age, to realize the great heritage of Dharma
and the importance and significance of the two great Itihaasas, Ramayana,
the Aadi kaavya and Mahabharata. Sri Rama, Sri Krishna and Sri Mahes'vara
united north and south, east and west and across every nook and corner of
Bharata Varsha. They adorn the lithographed version of the Constitution of
India published by the Govt. of India with exquisite illustrations by the
artist, Shri Nandalal Bose.
No institution, not even the Supreme Court, can pass on the buck and refuse
to entertain issues related to National security citing jurisdictional
boundaries. In this case, ample evidence was provided on the national
security implications of any decision to desecrate Rama Setu and the social
upheaval that such a move will entail, destroying the very fabric of the
samajam and the constitutional framework which we have given to ourselves.
The State cannot abdicate its responsibility to protect the ancient heritage
by citing dubious investigation problems. The evidence is overwhelming: Rama
Setu is a sacred place, a world heritage. Until this is recognized by one
and all -- the organizations of governance and jurisprudence, the movement
shall continue with redoubled vigour and determination. It is the court of
the people that the protection of Rama Setu will be ensured. This is an
occasion to recognise the possibility and ensure that it happens – the
construction of a temple for Sri Rama in Ramajanmabhumi. As Srilanka, our
neighbour, looks towards Bharatam, as the Indian Ocean Community beckons,
let this be the start and renewal of Dharma renaissance, a start for Marine
Economic Zones to benefit all the coastal people and lead to abhyudayam in
their livelihood as a socio-cultural- ecomic imperative.
No comments:
Post a Comment