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Are People More Important or IPL Matches: Bombay High Court

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UPDATE:

On April 13, the Bombay High Court directed that some of the IPL matches should be shifted out of Maharashtra. This marks more than a measure of victory for the Loksatta team that had file the petition on April 4 challenging the use of water for these matches when the state faces a crippling drought.

"We give you (BCCI) 15 days to take steps to move out the matches to venues outside the state," said a bench of Justice V M Kanade and Justice M S Karnik. The Bombay High Court on April 13 asked the Board of Control for Cricket in India (BCCI) to shift all Indian Premier League (IPL) matches out of Maharashtra after April 30.

This means only six IPL matches will be played in the state, and 13, including the final, will go out. The HC passed the order to ensure that non-potable water is not wasted in maintaining grounds and pitches at stadiums.

The petition had been filed on April 4. The first match was on April 9. Sabrangindia had reported on the filing of the petition. "Are People More Important or IPL Matches:" the  Bombay High Court had asked on the first day of hearing, April 6.

Bombay HC suggests shifting Nine IPL Matches at Three Venues out of Maharashtra as the State reels under acute water shortage caused by a third consecutive year of drought

Severely criticising the Board of Control for Cricket in India (BCCI) and other cricket associations in Maharashtra and Mumbai over water wastage when the state is reeling under a severe drought, the Bombay High Court on Wednesday, April 6 said ideally the Indian Premier League matches should be shifted elsewhere, where there is no water crisis. "Only if water supply to BCCI is cut, you will understand," the court observed.

The court also pulled up the state government stating that, ultimately it is the government's responsibility and duty to do something about the water wastage during the IPL games and impose some kind of restraint. It also asked the state government to spell out by Thursday, April 7 what steps it plans to take on the issue. Advocate General Rohit Deo has been directed to appear for the state government in the matter on Thursday (April 7). Sabrangindia had reported a filing of the public interest petition on April 4. A copy of the petition can be read here.

Loksatta Movement PIL against IPL matches in Maharashtra

The Loksatta movement had, on April 4 filed a petition challenging the wisdom of holding 20 matches at three venues of the IPL-9 2016 matches in Maharashtra when the state is reeling under drought and there are severe water shortages both in rural and urban areas.

Huge quantities (nearly 60 lakh litres) of water is proposed and ready to be willingly wasted by The Board of Control for Cricket in India, The Mumbai Cricket Association, The Maharashtra Cricket Association Stadium, the Vidarbha Cricket Association, all being the Respondent(s) Nos. 6 to 9 in the petition.These authorities are being asked to answer, through this petition, how they can justify maintaining the Cricket Pitches in the three venues nominated for Indian Premier League, 2016, in the State of Maharashtra, especially when the State is reeling through the worst kind of drought in a century and is facing acute shortage of water as the level of water in dams and lakes in the State has gone down.

The Court’s remarks today were sharp as reported by rediff.com. "How can you (cricket associations and BCCI) waste water like this. People are more important or your IPL matches? How can you be so careless? Who wastes water like this? This is criminal wastage. You know what the condition is in Maharashtra," a division bench headed by Justices V M Kanade and M S Karnik said, while hearing a PIL filed by NGO 'Loksatta Movement'.

The court also asked whether according to BCCI and the other cricket bodies, cricket matches are more important."Ideally, you should shift the IPL matches to some other state where water is in abundance," the court observed.

Responses have been sought from all other respondents, including the Maharashtra Cricket Association Stadium, Vidarbha Cricket Association, Maharashtra government and the civic bodies of Mumbai and Nagpur. The PIL has challenged the use of nearly 60 lakh litres of water to maintain pitches at three stadiums in the state which will hold IPL matches.

The court also asked the Mumbai Cricket Association how much water would be used in Wankhede stadium, to which MCA's advocate said they would be using over 40 lakh litres water for the seven IPL matches to be held there.To this, the court said it is a huge number.

The Petitioners, the Loksatta movement have requested that, pending hearing of the PIL, the court should grant an interim order restraining all the cricket associations in Maharashtra from using water to maintain the pitches.The high court said it will consider the interim relief sought by the petitioner, during the hearing on Thursday. Brihanmumbai Municipal Corporation's advocate Trupti Puranik told the high court on Wednesday that they are supplying water to Wankhede stadium only for drinking purposes. Mumbai Cricket Association (MCA)'s advocate told the court that they are purchasing water to maintain the pitches. This water is non-portable and cannot be used for drinking purposes. He also said that the association will come out with some contingency plan to tackle the water crisis.

The advocate appearing for the petitioner, however, said several villages in Maharashtra do not even have water for sanitation, cooking and other purposes. This non-portable water could be of use in such villages.  The court also observed that water shortage is not just in Marathwada region, the situation is equally bad in Thane, adjoining Mumbai. The petitioner's lawyer then reportedly pointed out that from April 5 to 9, there will be absolutely no water supply in Thane. The court also noted that in some places in Maharashtra, prohibitory orders under section 144 has been imposed in the vicinity of water supply spots. Notably, authorities in Parbhani town and Latur in the parched Marathwada region of the state, which is experiencing an unprecedented water scarcity this summer, have imposed prohibitory orders near water supply spots in the town.

As reported by Sabrangindia on April 4, the petition filed by Loksatta also states that:

There is already a scarcity of drinking water and water for sanitation purposes and The State of Maharashtra, Through its Water Resources Department, The Maharashtra Water Resources Regulatory Authority,The Mumbai Corporation of Greater Mumbai (MCGM), The Nagpur Municipal Corporation, The Pune Municipal Corporation, being the Respondent Nos. 1 to 5 have not raised any objection to the proposed wastage thereby violating the Article 21 and 47 of the Constitution of India as also violating the National Water Policy and the State Water Policy.
 
The citizens movement, Loksatta has prayed for a re-location and alteration of its venues for the IPL 2016 and said that the games should be held outside Maharashtra. Further, the petitioner has held that that the state government and Maharashtra Water Regulatory Authority respectively (Respondent Nos. 1 and 2) should be specifically directed by the High Court to preserve the water proposed to be used by the Corporations and Cricket associations (Respondents No. 5 to 9) and this should be utilised for the purpose of domestic use for drinking, cooking, hygiene and sanitation needs including livestock, or agriculture, as may be deemed fit by the Respondent No. 2. Among the nine respondents apart from 1 and 2 are the corporations of Mumbai, Nagpur and Pune, and the cricket associations that include BCCI, Mumbai Cricket Association, Maharashtra Cricket Association and Vidharba Cricket Association.
 
The petition also prays that the High Court should direct all respondents to ‘scrupulously follow the provisions of the Sections 11 and 12 of the Maharashtra Water Resources Regulatory Authority Act, 2005 before providing water to Respondent Nos. 5 to 9 for any of the purpose throughout the State of Maharashtra’. In the alternative, the petitioner has prayed for the scare quantity of water available to be used by respondents for the sole purposes Priority 4(e) / 4(d) of the State Water Policy List; and that the High Court should frame guidelines as regards the usage and allocation of water resources for the purpose of IPL and similar Priority 4(e) / 4(d) of the State Water Policy List activities..

Finally, the petition also prays that all the cricket bodies and associations should be restrained by the High Court from utilising the water for the purpose of preparing / maintaining the Cricket Pitches, by using the Municipal Water from any sources, including tankers.

Appoint priests from all castes, follow Ambedkar

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Monopolistic and exclusivist reservation of the posts of priests (archakas) and assignments for collateral duties in temples for members of the upper castes is unlawfuland violates all cannons of equity and justice. It is also unconstitutional, being blatantly contrary to Article 14 (equality before law), Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 16 (equality of opportunities in matters of public employment).
 

The status of a caste among Hindus is generally proportionate to the physical contiguity of its members to idols (murti) in temples. Persons religiously entitled and scripturally eligible to conduct devotional and sacramental rites, and theological ceremonies in the sanctum sanctorum (garbhagriha)—for instance, people from the Agnihotri, Tantri, Vajpayee, Namboothiriclans—are at the top of the pecking order of Hindu castes.They are the priests.  Those engaged in miscellaneous and auxiliary temple duties like preparing items for worship (pooja) and the deity’s ceremonial food (prasad) occupy the next grade. The security providers stand next in the line.  Unfortunately, in temples administered by governments, this illegal, unethical, unjust and anachronistic system that violates two basic foundational ideals of the Constitution—equality and fraternity—are prevalent throughout India
 

Nearly 2000 temples in Kerala are administered by semi-governmental bodies—Devaswam Boards—constituted under the Travancore Cochin Hindu Religious Institutions Act, 1950.  It must be remembered that the administrative bureaucracy of these bodies are appointed by the state government, and therefore  have to adhere to the Constitution, especially the principals enshrined in the Preamble, Part-III (Fundamental Rights) and Article 51(a) on Fundamental Duties.
 
Article 13 of the Constitution has declared that all laws which are inconsistent with the provisions of the Fundamental Rights be declared void;such laws include ordinance, order, bylaw, rule, regulation, notification, as well as any custom and usage in force in India. Recently, information about rules and regulations governing the appointment of chief and junior priests in temples under the administrative control of Travancore Devaswam Board was obtained through the RTI Act, 2005 by the author of this article. The data indicated that the posts of priests are exclusively reserved for Malayalee Brahmins. The post of the chief priest of Sabarimala temple is exclusively reserved for a Brahmin family from Chengannoor.  No foolproof, transparent or systematic selection procedure is reportedly followed for the selection of priests in temples. The same for promotions and other professional aspects of the cadre of priests performing poojas.
 
Similar unjust and illegal procedures and practices are followed throughout India in practically all temples and shrines governed by state and central governments or trusts constituted by them. To name a few:Somnath Shiva, Dakor Krishna, Ambaji Devi, and Shymlaji Krishna temples in Gujarat; Kamakhya temple in Assam; NathDwaratemple in Rajasthan; Vaishnav Devi temple in Jammu and Kashmir; Kali/Durgatemples in West Bengal; Jagannathtemple in Puri, Orissa; Meenaxi Devi temple in Tamil Nadu; TirupatiBalajitemple in Andhra Pradesh, Siddhi Vinayakatemple in Mumbai.
         
This discriminatory system also goes against specific stipulations in the core scriptures of the Rigveda, the Upanishads, and the Bhagvad Gita. 
 
A few relevant extracts from the holy texts are:
 
“May you move together, speak together in one voice.  Let your minds be of one accord; and like the ancient sages, may you enjoy assigned share of fortune”.
 
“May our counsel or the public prayers be common, and common be our assembly.  May our minds move in accord; May our thinking be in harmony, – common the purpose, and common the desire.    May our prayers and worship be alike, and may our devotional offerings be one and the same.
 
“May your resolves be one; May your hearts feel alike; May your thinking be one; and thus may all of you live happily with thorough union.” (Rigveda, Mandala, 10, Sukta, 191(2 to 4)
 
“Men of self-knowledge are same-sighted on a Brahmana, imbued with learning and humility, a cow, an elephant, a dog and an outcaste”. (Bhagvad Gita, Adyaya -5, Sloka 18)
 
“He, who sees Me (universal soul/God) everywhere and sees all in Me, He never becomes lost to me, nor do I become lost to him” (Bhagvad Gita, Adyaya -6, Sloka 30)
 
 

 The metaphysical definition of a Brahmin does not validate the present system of fixing a person’s caste according to his parent’s caste.  The popular definition of Brahmin in scriptures is:
         
 “JanmanaJayate Shudra,
 Samskarodwujautbhavae,
           Veda padhethiBhavetvipraha,
                        Brahma gnanamiBrahmanaha”
           
“At the time of birth, everybody is Shudra (a person kept away from knowledge according to the the Sanskrit etymologistYaskan);  by acquiring education/culture, he becomes twice born; by mastering Veda (means any set of knowledge), one becomes vipra(a man of specialized knowledgeVisheshapragna) and by acquiring knowledge of Brahma (brahmagnanam—spiritual awareness), one becomes a Brahmin”

 
The superiority of an individual solely based on his birth (the basis for jati or caste) is unscientific, illogical and unreasonable.  The Sanskrit etymology of the word ‘jati’ is in ‘janmanajati’ that is, caste is based on birth. Since 300 CE (Common Era), the caste system has blocked socioeconomic, educational and cultural mobility in Indian society, thus keeping India backward in most fields.
 
One way to bring about change as envisaged by Ambedkar would be for the Union Ministry of Social Justice and Empowerment to introduce suitable legislation for the constitution of a state-wise temple service cadre (for instance, a Gujarat State Temple Service, a Kerala State Temple Service, a Central Temple Service) on the pattern of existing state and all-India services.  Those currently serving as priests could suitably be absorbed in the proposed service structure.
 
Allowing all qualified Hindus to enter the priestly order in temples will be in line with the direction in the Rigveda which recommends sticking to the path of justice. The Vedic Sukta exhorts, “Oh men! Just as the sun and the moon move on the prescribed path with regularity, similarly men also should go on the path of justice”. (Rigveda, Mandala-5, Sukta-51-Sloka-15).The Bhagvad Gita (Adyaya -16, Sloka-24) says, “Let the Shastras (laws) be your authority in deciding what you should do and what you should desist from doing.  Having understood what is ordained by the laws, you should act accordingly.”
 
Ambedkar had spoken against exactly the sort of inequality that is prevalent in the country’s temples in his concluding speech in the Constituent Assembly after the adoption of the Constitution on November 25, 1949. He said, “Political democracy cannot last unless there lies at the base of it, social democracy, that is, a way of life which recognizes liberty, equality and fraternity as principles of life.  They form a union or trinity.  Without equality, liberty would produce supremacy of the few over the many.  Equality without liberty would kill individual initiative.  Without fraternity, liberty and equality could not become a natural course of things…
 
The Sanskrit etymology of the word ‘Jati’ is “JanmanaJati”, that is, caste is based on birth only.  This social construction is devoid of any appraisal of physical, psychological, emotional, mental, intellectual and spiritual dimensions of an individual personality.

“We have a society based on the principle of graded inequality, means elevation of some and degradation of others.  We are entering into a life of contradictions.   We have political equality; but in social and economic life, we will have inequality.  In politics, we follow one man, one vote and one vote one value.  In society and economics, we deny principle of one man, one value…
 
“Those who suffer from inequality, will blow up the structure of democracy…Fraternity envisages a common brotherhood of all Indians—being one people—giving unity and solidarity to social life.  (Casteism is) anti-national, (castes) bring about separation in life, generate jealousy and antipathy between caste and caste.  Without fraternity, equality and liberty will be no deeper than coats of paint…
 
“Many in India are beasts of burden, but also beasts of prey.  The downtrodden classes are tired of being governed.  People are tired of government by the people.  They are prepared to have government for the people and are indifferent whether it is government of the people and by the people.  If we wish to preserve the Constitution in which we have sought to enshrine the principles of government of the people, for the people and by the people, let us resolve not to be tardy in the recognition of evils that lie across our path and which induce people to prefer government for the people, to government by the people, nor to be weak in our initiative to remove them.  That is the only way to serve the country, I know of no better.”
 
It would be more productive to pursue this line of thinking rather than retrogressive and counterproductive programmes like ‘GharVapasi’ ( reconversion of Christians and Muslims)  and the controls being exercised on food preferences of citizens by  banning the consumption of beef. These are a distraction from the effort to remedy discriminative practices in the social, religious and cultural lives of Hindus. 
 
By absorbing the ideas of Ambedkarin public life, the country’s elite can liberate itself, as envisaged in the Vedic prayer, “Oh Lord! We have fallen in a dark cave.  In this severe darkness, many demons are harassing us.  We pray to you to destroy this darkness and bless us with donation of brightness, so that we can be liberated from these enemies”. (Rigveda, Mandala-1, Sukta-86, Sloka-10)
 
(The author, a retired IPS officer, is a former DGP of Gujarat)