Orissa Matters

Scheduled Tribes are strictly not Hindus

Subhas Chandra Pattanayak

A dispute before the Supreme Court raised by a woman of Scheduled Tribes of Orissa has brought to light the fact that members of the scheduled tribes are strictly not Hindus, even though the practitioners of Hinduism have been claiming them to show the numerical strength of their religion.

Kamala Negi, daughter of Chakradhar Negi, Mouza Kopsingha in the District of Sundergarh was denied her share of compensation against acquisition of land belonging to her late father, as the Hindu Sccession Act, 1956 bestows upon daughters the equal right with the brothers over properties of deceased parents. With her prayer rejected from the level of the Land Acqquisition Officer to the High Court of Orissa, she had moved the Supreme Court in CIVIL APPEAL NO. 6901 OF 2022.

Delivering the verdict on the 9th this month, a Bench comprising Justice M. R. Shah and Justice Krishna Murari have dismissed the appeal on the ground that the statute that guarantees equal shares for male and female heirs as per the Hindu Succession Act is not applicable to the Shedules Tribes under Section 2(2) thereof.

Section 2(2) of The Hindu Succession Act, 1956 says, “Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.”

In view of this, while expressing dismay over its own inability to grant the appeal, the Appex Court has urged upon the Central Government to consider if the Hindu Succession Act could be amended to cover the Schedule Tribes.

“Though we dismiss the present appeal, it is directed to examine the question by the Central Government to consider it just and necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether to bring a suitable amendment or not”, The Court has noted, while concluding, “We hope and trust that the Central Government will look into the matter and take an appropriate decision taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution of India. This concluding para of the judgment is based on its anxiety to ensure equal right of the daughters in the scheduled Tibe communities over the propertie of deceased parents. “When a daughter belonging to a non-¬tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of a tribal community” the court observed.

Be it so.

But the fact which is of much interest to our societal structure is that, the people belonging to Scheduled Tribes are not included in the Hindu Succession Act, which meaans, they are not Hindus.Subsection (1) of Section 2 has defined Hindus by pinpointing its application (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed”. This definition or extended definition doesnot put clearly the Scheduled Tribe Communities under the category of Hindus.

It is important to note that when the Hindu Succession Act was framed and promulgated, Pt. Jawaharlal Nehru was the Prime Minister and Charu Chandra Biswas CIE was the Law Minister of India. Both of them were great lawyers and knew well the meaning of keeping Scheduled Tribes out of the ambit of Hindu Succession Act.

Life time achievement in ruining Orissa: Prof. Bijoy M. Mishra asks Naveen Patnaik to “resign”

Subhas Chandra Pattanayak

Mr. Justice Ananga Kumar Patnaik, Retired Judge of the Supreme Court of India, who heads a Delhi based NGO styled Capital Foundation Society, has not yet said the people of this State what exactly prompted him to confer on Orissa’s Chief Minister Naveen Patnaik his society’s “life time achievement award”, when Orissa is in ruins under his misrule. But Prof. Bijoy M. Mishra of Havard University, a no less distinguished Oriya, has told Naveen Patnaik before the people of Orissa what harm his life time achievement has done to our State in an open letter.

The noted scientist, son of Orissa’s legendary revolutionary Manmohan Mishra, form 180 Bedford Road, Lincoln, Ma 01773, USA where he resides, has expressed severe anguish over the sad state of affairs in Orissa. I will editorialize some relevant extracts from his mail, dated October 24, 2022.

Assume responsibility and resign

“I was in Odisha on relief work during the super-cyclone of 1999 and did notice the utter chaos and mismanagement. I was happy that the non-Congress party took power and you assumed the leadership. (But) with utter sadness, I am writing this letter in 2022 to request you to relinquish your position for the welfare of my State and of my people. As a school boy, it was a pleasure to meet your father; as an adult I feel ashamed to accept you as the leader of my State. I am writing this letter in English, since I am pained to learn that you have failed to learn the language of the people after twenty years in rule. Your attempted expressions in my language appear as a mock to the great language and as disrespect to my people in Odisha. With the law and order reaching an all-time low in the State, I request you to assume responsibility and resign from the position of the Chief Executive”.

Doubtful intellectual ability

Shocked to watch how Sri Patnaik offends the nation of Oriyas in the matter of their language, Prof. Mishra has told him:

“I happened to witness you in 2020 through a TV news channel when I was stuck in Bhubaneswar because of the Corona epidemic. You were trying to speak in my language with atrocious distortion. I learned that you were reading a Roman script and pretending to speak in my language. I suspected your intellectual ability in basic learning.”

All the progress demolished

“I am appalled by the lack of fundamental sophistication in the Administration. Odisha is a State of great ancestry, people being renowned for their productivity, bravery, independent thinking and artistry. Because of her utter disdain for foreign rule, she was neglected by the British leading to its total exploitation and devastating famines. Odisha reconstituted and became the first Language State in India in 1936. She tried to crawl her steps to reconstruct her lost glory by many worthy people’s efforts in creativity and originality. It is unfortunate that all the progress in language, literature and culture has been demolished by your total disrespect to the traditions and the culture of the State.”

No experience, no study

“You did not have experience in governance and did not study hard to learn. Many of your people in charge can hardly construct a full meaningful sentence in any language.

Ministers & Officers in racketeering

“Ministers and officers are engaged in racketeering, crime and sex scandals. Your administrative process has been to siphon public funds to your political party via private vendors in the name of contractual work. While you have done some such projects in a few urban centers, the basic infrastructure for people continues to be in the ruins.

Borders under intruders,Voters under intoxicants

“Some of the border areas are being encroached and occupied by cunning intruders. Your party succeeds in manipulating the electoral process through crime, money and vandalism. Free distribution of food, alcohol and cash in search of votes as a technique has made people in the State idle, unproductive and sick. While the minerals from the State are shipped out to create income, there is no public sector activity to generate employment. Unemployment in the State runs high leading to crime, fraud and violence.

Immoral people in uniform

“But the policy of creating revenue through liquor and drugs has caused a disaster to my State. There is theft, burglary, rape and killing in public. Police either are unable to take notice or suppress evidence. They could be inept or are ordered to keep quiet. You have failed to provide basic protection to an average citizen in the public. I learned that you hold the portfolio for the police. You should walk alone near your home to feel the pain of an average person in the State. I request you to release my State from the immoral clutches of some people in uniform, who are corrupt to the bone under your supervision. I feel pain to report that many appear to be intoxicated while on duty.

Impudence

I was waiting to see if Sri Naveen Patnaik reacts. But, he has no reaction.

Prof. Prakash Chandra Pattanaik of Delhi University, on whose authentic arguement Oriya Language bagged the status of Classical Language, had informed Naveen Patnaik in his mail dated March 01, 2014 that the Official document claiming Classical Status was put before him as a member of the Expert Committee by a private organization as its own report, thus creating a parallel copyright against the official copyright. Requesting the Chief Minister to look into this matter as it was “creating doubt of serious lapses somewhere”, Prof. Pattnaik was expecting that Naveen shall take appropriate steps to preserve the State’s copyright. Naveen had no action.

Impudence is the only Mantra he practices to stay safe in power, one feels.

Shouldn’t Mr. Justice (Rtd) Anang Kumar Patnaik weigh his award to Naveen Patnaik against the reality he has been confronted with by Prof. Mishra?

Padmapur rejected BJP because of its anti-Orissa conspiracy

Subhas Chandra Pattanayak

Official announcement of by-election results will not affect what has happened in Padmapur. BJD has won.

Considering experience and efficiency in law making and dealing with financial Bills and other legislative businesses, Mr. Pradip Purohit of BJP was certainly the better than the BJD greenhorn. Why then Mr. Purohit got defeated?

The reason is very clear.

People of Padmapur have rejected BJP for its anti-Orissa conspiracy.

Padmapur belongs to that area of Orissa where linguistic nationalism of the people had forced the British to restore Oriya as the official language, an epoch-making development that contributed emensely to emergence of Orissa.

From the Vajpayee days the BJP has been trying to devide this Orissa, so that a new State under grip of non-Oriya business community – its committed supporters- could come to its fold in politics of power.

Children of Mother Orissa, conscious of how the separatist movement fuelled by BJP is designed to harm their identity as Oriya, silently but resolutely rejected the BJP candidate.

The Congress in blatant disarray, the most corrupt and incompetent political party – BJD – became the hobson choice.

Whosoever may win Padmapur, Naveen would be in deep dilemma

Subhas Chandra Pattanayak

Voting in Padmapur by-election ended last evening with more than 81% of the highly motovated people using the EVMs to support their respective candidates notwithstanding inluences exerted by the rivals.

The electioneering was as unprecedented as is the casting of votes.

The Congress Party has no cadre; but it has certainly a committed section of citizenry that stand with the party candidate come what may. Some apprehend that sensing defeat, the Congress supporters might have prefered whosoever to their perception appeared winning. I do not subscribe to this suspicion. The Congress candidate may not win, but the counting would show that the consious Congress supporters have stood with their party, despite discernible certainty that the candidate cannot win.

Thus, probably the winner would be either from the BJD or from the BJP.

But, whosoever wins, Naveen would be in deep dilemma.

If BJP wins, even though it would be more a victory of Pradeep Purohit than that of BJP, the Party that is groping in dark about the mindset of the secular-by-birth Oriyas, would gain enough moral strength from this to challenge Naveen’s autocratic position in the election-2024. And, that would draft Naveen into predicament.

If the lady candidate of BJD wins, the aspiring women pampered through Mission Shakti would find 2024 a gateway to enter into the Assembly. As we have already predicted, BJD will plant lady candidates in more than 50% of the Assembly constituencies, almost all of whom would be drawn from the Mission Shakti sector.

To these ladies,whom Mr. Pandian shall issue the tickets of BJD, if they win, Mrs. Pandian would appear more acceptable than Sri Naveen Patnaik.

Either way, Naveen would be in a political quagmire, which he has not yet even imagined.

Orissa Governor remains a party to fraudulent legislation!

Subhas Chandra Pattanayak

Irrefutable evidences of fraudulence in legislation were submitted to the Governor of Orissa, who was urged upon to withdraw his assents given to the amendments 2016 and 2018 in the Orissa Official language Act, 1954.

Unless the Governor gives his assent, no Bill passed by the Assembly can become a Law. To give his assent, despite a Certificate from the Speaker of the Assembly that the Bill has been adopted, he would require a ‘Legal Certificate’ from the Secretary of the Department of Law declaring therein that “no legal reason exists why the assent of the Governor to the Bill should not be given” and an ‘Administrative Certificate’ from the Secretary of the concerned department, declaring therein that “no administrative reason exists why the assent of the Governor to the Bill should not be given.” Therefore, on reciept of these Certificates, he had given his assent. There was no illegality in giving these assents to these Bills.

But, official documents, I, as the founder of Bhasha Andolan, had submitted to him along with my letter dated the 6th May 2022 were enough for him to get my allegation enquired into and to withdraw his assents to the above noted Bills, obtained as they were on false and fabricated Certificates from the above mentioned two Secretaries. He neither ordered any enquiry into the allegation nor took any step to withdraw his assents to the fraudulent Bills in view of the irrefutable scan-printed official documents of fraudulence I had attached to my letter.

Thus serious instances of fraud and forgery in legislation continue under the pleasure of the Governor of Orissa.

Subhas Chandra Pattanayak

Chief Minister Naveen Patnaik seems to have developed a wrong notion that governance of Orissa in Oriya depends upon his mercy. His press-note of December 17 and full page display advertisement in major broadsheets of today force us to arrive at this apprehension.

In his December 17 press note it was declared that he had held a meeting with the five members of the ministerial committee on that day for the purpose of “strictly implementing the Orissa Official Language Act, 1954 in official and non-official level” to facilitate which a website has been floated by the government. In the full page multi-color advertisement in broadsheet dailies today, this is intriguingly missing.

The advertisement is designed to tell the people that Chief Minister Naveen Patnaik has taken historical steps to save and develop Oriya language, and has enumerated the steps he has taken. This is blatant lie. Neither he nor his government has executed any single item claimed to be “historical” in the official advertisement. The entire advertisement is nothing but false propaganda. What a shame it is, that, the people of Orissa are taken for granted by their Chief Minister! Read more →