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The far east and its ancient Indian connections

It was the call of the Suvarnabhumi or Suvarnadvipa– the “land of gold” that lay in the Far East and was reputed to hold vast quantities of gold and precious minerals, which got the initial attention of ancient Indian traders and merchants and made them explore beyond their own frontiers. These far away lands and islands, beyond the mountains and seas of the east, were also reputed for their spices that added further to the attractions for these ancient Indian merchants. These same spices became a much sought after commodity for the Arabs in the 9th and 10th centuries, and the Europeans in the 15th century.

Map of sea routes to the Far East. Photo from Wikipedia (Proto-historic and historic maritime trade network of the Austronesian peoples in the Indian Ocean per “Austronesian Shipping in the Indian Ocean: From Outrigger Boats to Trading Ships” in (2016) Early Exchange between Africa and the Wider Indian Ocean World, Palgrave Macmillan, pp. 51-76)

The land in the Far East can broadly be divided into two: the Great Indo Chinese Peninsula and East Indies. Geographically the Indo Chinese Peninsula comprises of long hill ranges of granite stones, narrow valleys, evergreen forests, alluvial plains, small islands, and innumerable rivers. It is made up of the modern day Myanmar (Burma), Thailand (Siam), Malay Peninsula, Cambodia, Laos, and Vietnam (Cochin China, Tonkin, and Annam). The East Indies, variously referred to as the Indian Archipelago, Malay Archipelago, or Asiatic Archipelago, is made up of more than 6000 islands. These islands include Sumatra, Bali, Java, Lombok, Borneo, Moluccas (spice islands), Celebes, New Guinea, Philippines, and many more smaller islands. The South China sea separates the Indo-China peninsular area from the Archipelago. The ancient Indians referred to these areas of the Peninsula and the Archipelago as Suvarnabhumi, while Malay Peninsula was specifically known as Suvarnadvipa: the proverbial land of wealth that yielded gold (both literally and figuratively).

Many of the common Indians who travelled to these places settled down permanently and married local women, while the Princes who arrived would establish new kingdoms. Both led to widespread Indianisation of these Far East societies, leading to the spread of Hinduism and Buddhism in these areas through art, literature, language, and social customs. A Chinese eyewitness account of such a kingdom in Malay peninsula (Tuein-suin) talks of “500 merchant families, 200 Buddhists, and thousands of Brahmins” settled permanently in that country, and talks of locals giving their daughters in marriages to these Indians.

Painting of a 5th century CE three mast sail-ship from India- Ajanta Cave 17, Photo from Wikipedia, in public domain.

The movements of the ancient Indians to this Suvarnabhumi in search of wealth and adventure was primarily via the sea route. Starting from the north there was the famous port known as Tamralipti (now known as Tamluk in Midnapur district, West Bengal) from where ships and boats would set sail following the coastline of Bengal and Burma, or they would cross the Bay of Bengal straight to go directly to the Malay Peninsula, East Indies, or farther beyond to Indo China. The other famous ports from ancient and early medieval India were Palura near Gopalpur in Odisha and three near Masulipatam (Machilipatnam) from where regular ships would set sail for the Far East. Another regular sea route started from the Ganges mouth via the eastern coast to Ceylon or Sri Lanka, then from there via the western coast to Broach (Bharuch) at the mouth of the river Narmada in Gujarat, and then possibly farther on.

Travelers and merchants would come by land or river routes to the nearest ports, take a coastal route to reach Tamralipti, Palura, or the harbours near Masulipatam, from where they would board ships for the Far East. It is interesting to note that some of the local stories and socio-religious customs still in practice in these foreign countries point to these Indian places, which were the original homes of the travelers and merchants. As for example, in Sri Lanka, the story of the Prince Sri Vijaya from Bengal establishing a kingdom there is still a popular narrative. There is also the popular narrative of how Ashoka’s descendant was shipwrecked at the Malay peninsula while escaping Magadha via Dantapura, and thereafter establishing the kingdom of Langkasuka (likely 2nd c. CE).

The same area is also associated with the Bengal Prince Sri VIjaya who established the Tambralinga kingdom (10th to 13th c. CE). The Java chronicles narrate stories of how Hindus from Kalinga established their kingdom in that island, and similar narratives are heard from other islands too. The Java chronicles also narrate the story of a Gujarati Prince who had established his kingdom in the island in 75 CE. Similarly in Pegu (now Bago), an old port city in Burma/Myanamar, there are local stories that document the coming of Indians, originally from the lower course of the Krishna and Godavari rivers, who had crossed the seas and settled down in the delta part of the river Irrawaddy and adjoining coastal areas. From these various narrations it appear that the Indians from various parts of the country would travel to the harbour ports, namely, Tamralipti, Palura, three ports near Masulipatam, and Broach, from where they embarked on their voyage for the Far East.

Indian ship on lead coin of Vasisthiputra Sri Pulamavi, testimony to the naval, seafaring and trading capabilities of the Satavahanas during the 1st–2nd century CE. Photo from Wikipedia in public domain.

While the sea route was the preferred mode of travel, the land route was also used by some to move towards the East, across Eastern Bengal, Manipur, and Assam. From old Chinese texts it is clear that in the 2nd c. BCE there was an already established and flourishing trade between China and India through the land route that moved across the upper parts of Myanmar and Yunnan. From the Chinese records (that give Chinese version of names of these places) it is seen that Indians had settled down and established significant influences over the locals not only in Myanmar, but also in Yunnan, which incidentally was known as Gandhara (Indianised name given by the Burmese people) until as late as 13th century. Yunnan had the kingdom of Nan Chao or Tali, which as per the local narratives, was established by a son of Ashoka. There were similar other kingdoms (mostly Hindu kingdoms) spread across the entire area established by Indians, such as the kingdom of Ta-tsin, and innumerable others in Pagan, Prome, Laos, Arakan, Malay peninsula, Lower Myanmar, Siam, Annam, Cambodia, Cochin China, Bali, Java, and Borneo. Many of these places still retain their Indian names with only slight changes, while the local culture and continuing socio-religious practices also show their past connections with India.

Model of a Chola (200—848 CE) ship’s hull, built by the ASI, based on a wreck 19 miles off the coast of Poombuhar, displayed in a Museum in Tirunelveli. Photo from Wikipedia

In Myanmar as per the local traditions it is believed that long before was Buddha was born, a Sakya chief from Kapilavastu came and established his kingdom in the central part of Myanmar, which lasted for 31 generations. Later as the Sakya chief’s family reign was coming to an end, there arrived a group of Kshtriyas from the Gangetic plain. The chief of this clan married the widow of the last king of the Sakya tribe, and established his own kingdom in Upper Myanmar. In the Arakan (now Rakhine-Mynamar), the local traditions say that a prince from the royal family of Banaras settled and established his kingdom at Ramavati (now name modified to Rami or Rambyi). The Cambodian historical records state that king Adityavamsha, a ruler of Indrapastha, banished one of his sons who then travelled to the country of Kok Thlok where he established his own kingdom by defeating the previous ruler. Later he married a beautiful Naga princess, whose father gifted him with a capital city, and the name of the kingdom was changed to Kamboja.

Similarly many Indian texts and folktales also preserve stories that talk of travels to the Suvarnabhumi from times before the Common Era. Many Jataka tales talk of such sea travels, such as the story where the queen of Videha (Mithila) fled to Champa (Bhagalpur) with as much treasure as she could, after her husband was defeated and killed in a battle. Her son took half her treasure and travelled in a ship with some merchants hoping to reach Suvarnabhumi, despite his mothers pleadings to not cross the dangerous seas. Despite a shipwreck the prince came back wealthy and took back his father’s kingdom of Mithila. In another story it is seen that a group of carpenters from Banaras built a ship using forest wood, and they set sail towards the Far East (Suvarnabhumi) in order to find a new place to live in. They discover an island in the middle of the sea that was filled with various fruits and decided to settle down there with their families.

One of the Borobudur ships from 8th century CE, which were the large native outrigger trading vessels, possibly of the Sailendra and Srivijaya kingdoms. Shown with the characteristic tanja sail of Southeast Asian Austronesians. Photo from Wikipedia (Michael J. Lowe)

Brihatkatha is another text, which is full of such stories from ancient India, and the most famous among them is that of the adventures of Sanudosa. Here Sanudosa joins a group formed by an adventurer Achera who prepares to travel to Suvarnabhumi. The travel ordeals of the group are narrated in details, and interestingly we get to hear of the many paths taken by travellers while following the land route towards the East Indies. There is the mention of vetrapatha, which means climbing up to the top of the mountain using creepers (vetra); crossing of a dangerous swift-flowing river holding onto the bamboos growing on the banks (vamsapatha); crossing of a narrow path between two precipices by riding mountain goats which is termed as ajapatha or goats’ path; jannupatha (crawling on knees); sankhupatha (using an iron hook attached to a rope made of skin, which is fixed to the cliff side and the traveller climbs up the mountain using the rope- a process of rock climbing still followed by mountaineers); and chhatrapatha where the travellers use a parasol like object made of animal skin to descend to the ground slowly from a height using air pressure (much like parachutes).

The descriptions of the various undertaken paths and the dangers that Sanudosha and his group faced give a fair idea of the difficulties that travellers had to deal with while moving towards East Indies on the land route. The sea route had its own share of dangers and difficulties, which is evident from the detailed description of a sea travel recorded by the Chinese traveller Fa- hien in 5th c. CE, who took the sea route on his return journey from India to China.

The ship in which he was travelling along with 200 other merchants developed a leak, and seeing no other remedies at hand the merchants threw a part of their merchandises into the sea to lessen the burden and save the vessel from sinking. Fa-Hien gives a detailed description of how the merchants were terrified during stormy days and nights when the sky couldn’t be seen, as directions were located by seeing the sun, moon, and stars, and without them they would be floating and tossing about aimlessly like a rudderless ship, completely at the mercy of the foaming bottomless ocean and the unseen rocks below the waters. It took Fa-hien and the merchants more than 90 days of such a treacherous journey to finally reach Java-dvipa (Java).

Indian Boat, From Rajrajeswar Temple, Kototlpur, Hooghly, West Bengal, 1694 CE. Photo by Partha Sanyal

Such travel narratives and other literary texts (both Indian and of the Far East countries) that give us stories of Indians establishing kingdoms in far off eastern lands echo the characteristics of the then national life of India. While many merchants undertook such dangerous travels for commercial gains (wealth and prosperity), the spirit of adventure and a strong desire to explore new lands is quite clear in many of the narratives, thus reflecting the same on the characteristics of the ancient Indian people. While these stories and legends help us to get a fair idea of the existence of Hindu kingdoms in the Far East and the socio-religious lives of the people in these places, they don’t give much scope to fix exact dates as to when these kingdoms were established. However from various inscriptions, sculptures, temples and temple remains, and from various Chinese and Greek literary records it is possible to say that some of these Indian kingdoms were established not later than 2nd c. CE and possibly even earlier, while trade relations of India with the Far East certainly go well back into the BCE era.

References

Radha Kumud Mookerjii. Indian Shipping: A History of Seaborne Trade and Maritime Activity of the Indians from the Earliest Times, 1912.
R.C. Mazumdar, ChampaAncient Indian Colonies in the Far East, Vol.I, Lahore, 1927.
R.C. Mazumdar, SuvarnadvipaAncient Indian Colonies in the Far East, Vol.II, Calcutta, 1938.
R.C. Mazumdar, India and South-East Asia, I.S.P.Q.S. History and Archaeology Series Vol. 6, 1979
R.C. Mazumdar, Kambuja Desa Or An Ancient Hindu Colony In Cambodia, Madras, 1944
(Cover photo by Partha Sanyal: Indian boat on the wall of Raghunath Temple (1772 CE) Bhalia, West Bengal)

US: Town Council refuses to change the name of ‘Swastika’ hamlet, says it is the name of a Holy Hindu symbol that pre-dates Nazi era

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In a positive development on Monday, the Town Council of Black Brook in Clinton County in Northern New York voted unanimously against a proposal to change the name of one of the hamlets, ‘Swastika.’ The decision was made after a New York City resident Michael Alcamo raked up the issue before the Town Council and sought a name change after surveying the residents of the area.

Reportedly, the hamlet drew the name of Swastika in 1913 after the federal government provided a list of all potential names. The unincorporated area was earlier known as Goodrich Mills. The name change took place after a post-office named ‘Swastika’ was established in the hamlet in 1913. The Council noted that the Holy Hindu symbol pre-dated the Nazi era, and is revered in Hinduism and Buddhism since time immemorial.

Town Council rejects proposal to change name

Alcamo stated in an email, “Biking in the area, you see many beautiful, historic cemeteries, many with American flags marking the graves of Americans who fought and died fighting for liberty. Then, you come upon the town of Swastika, whose very name symbolizes the intolerance, hate, and tyranny of the Nazi regime those brave Americans gave their lives to defeat. It doesn’t make sense. It dishonors their sacrifice. It is time to come up with another name for Swastika Road and the town [hamlet] of Swastika.”

The Town Council comprised of four members, namely Ronald Wilkins, Howard Aubin, James Seguin and James Martineau. They expressed their opposition to the request for the name change and outrightly voted against it. “I was disappointed by the board’s decision. The board had an opportunity to do something positive. Another option would have been to consider it for 90 days and ask the community or ask state officials what they think,” Alcamo lamented.

Swastika means to prosper, emphasises Town Council supervisor

Town Supervisor Jon Douglass emphasised that the request for a name change was made several times in the past. He emphasised, “Once was after World War II. (Residents) adamantly opposed, and did not want to change the name. There’s a long history there. For the uneducated that immediately assume it’s connected to Germans and Hitler, it’s not. Swastika means ‘to prosper.”

Dismissing concerns about the supposed hate symbol, Douglass further added, “I think that’s probably, maybe some viewpoint that it’s associated with hate. But then I believe there are others that do not associate it with hate. I mean swastika was used in numerous religions. Did the Hindus and the [Buddhists] … did they erase it from their religious history because of the Germans?”

Nazi symbol different from Swastika

A religious symbol for Hindus, the Swastika was first mentioned in the Vedas. It symbolises many things like Surya (the sun) and Brahma, the creator. It is seen as a power symbol and is also the emblem of Ganesha, the god of good luck. In both Hinduism and Jainism, the Swastika is used to mark the opening pages of account books, doors, and thresholds.

Read- Altnews, co-founded by two Muslims, spreads misinformation about Hindu Swastika

In fact, it is found that the Swatika was also used in Ancient Greece and can be found in the remains of the ancient city of Troy, which existed 4,000 years ago. The ancient Druids and the Celts also used the symbol. It was used by Nordic tribes and even early Christians used the Swastika as one of their symbols, including the Teutonic Knights, a German medieval military order, which became a purely religious Catholic Order.

Adolf Hitler never used the word ‘Swastika.’ He referred to it as the ‘Hakenkreuz (Hooked Cross). Reportedly, he first saw it in Lambach abbey, a Christian missionary, when he was a young boy. Hooked cross can be found in old churches, cathedrals and chapels and have been a sacred symbol in CHristianity since time immemorial.

Feminism and investigative journalism has been misappropriated by ‘champions’ of Indian public discourse

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India is the second largest English speaking country in the world. Albeit having a behemoth of English speakers their competency varies across the board and only a limited number is skilled in the flow of this foreign language. This is what the spokespersons, representatives, glitterati and PR machinery of a certain ideology bank on.

So the masses look doe-eyed towards these ‘Champions’ of a vernacular in the hope to be as fluid in conversation as them for we have made English the unofficial cultural marker of success, intelligence, and confidence in our country. These public speakers who work under the guise of propagating the framework of our democracy and its principles have become the unsought half-baked teachers of socio-political movements, and are self-appointed to a position of authority simply for being skilled in a vernacular.

When one is regularly on television and storms up a verbose sesquipedalian tirade of philosophically twisted tales of morality it sounds like music to the ears, they sound ‘intellectual’. Beware! This music has melody but lacks harmony; it is not based on facts, testimonies, ground reporting, evidence, or even the overwhelming throb of public opinion. For who cares about public opinion when it can easily be influenced to match the ‘Champions’ rhetoric? Who cares about facts when it can be dismissed with morphed definitions, whataboutery, and the rules of the game can be changed on whim?

Crimes are being rubbished on a mass platform despite evidences being revealed on that same platform. The whataboutism of armchair-philosophers is to drone on about the technicalities of definitions while drowning out people who point towards evidential reality. ‘Feminism’ for one is a word piggybacked by elitist today with utter disregard to the scores of women who over centuries have risked their lives for the cause of empowering women. Feminism is now misappropriated by women as a fallback strawman argument, a fallacy, and to justify personal agenda.

While we get sucked into this leeway sinking ship of cyclical-degenerative psy-ops, a living and breathing human being’s life’s toil was decimated before her eyes. Kangana Ranaut’s story is popular right now as a woman singled out and life savings destroyed for being a curt and outspoken individual. The visual proof of this act is ingrained in the minds of the masses yet the disillusioned elitist believe their aphrodisiac, whataboutism, and flair for language is potent enough to hypnotize and blind the masses.

They claim she does not deserve the support of feminists and label her ‘crazy’, ‘motor mouth’ and have thrown a further slew of degrading terms best not written or thought about. Busy in their clapbacks and running their baseless campaigns they have forgotten that Kangana is entitled to the term feminism and its bylines of empowerment by default due to her gender. The elitist have forgotten that they are not the keepers of the Oxford Dictionary and do not define the historical legacy of the term ‘feminism’, they have never made a dent in propagating feminism, and will continually flounder in their palace of illusions where words speak louder than action.

We have witnessed how feminism misappropriated is slyly backtracked from Kangana selectively marginalizing her, curses are lurched, a slew of FIR’s are lodged, she is called out for being brazen and rough around the edges, mud is thrown on her as her fraternity deems her ‘ungrateful’ towards them for they imagine they have built her success. The glitterati admit that they are in a position of power and have outcast Kangana from their ‘fraternity’, they have even taken to the floor of the Parliament flexing their political pull. The elitist have openly claimed that the breaking of Kangana’s office is ‘revenge’ and they feel justice has been served.

These are the same open minded, easy-going people who carry Gandhi’s vigil of ‘Ahimsa’ on their invisible mantle, the same people who claim others carry too much anger and cannot imagine living that way while they overflow with hatred. It is a vindictive and manipulative war of words hidden behind a thinly veiled passive aggressive and overtly aggressive stance, a multifaceted war on a single being. This is what feminism fights and the masses detest – privilege. The elitist sitting on the throne of their God Complex feel they know better, that they are better, and openly play the power card to intimidate others. They are high-end bullies.

‘Investigative journalism is a media trial’, is the fallacy of a negative conclusion from an affirmative premise. It is another strawman argument picked up from the title of an entertaining Netflix series ‘Trial by Media’, a borrowed ideologue which doesn’t apply to the Indian context. ‘Trial by Media’ was a series that showed how Jury duty (12 commoners selected to judge a crime with no experience in jurisprudence) in the United States of America is influenced by the media.

There is no jury duty in India, we have a Bench of Honourable Judges. To state that our Honourable Judges in the High Court and Supreme Court will be influenced by the media and by popular opinion, that they will ignore all the testimonies and evidences presented to them to appease the masses is an insult to their education, intelligence, and accomplishments of the Bench.   

The fact is our ‘Champions’ suddenly do not understand that ‘investigative journalism’ is just that, it is journalism that requires investigation and the divulgence of information irrespective of appeasing the powers that may be. There will be new information unearthed through interviews and data collection. It is also known as, ‘a journalist is doing their job.’ To have a debate on national television on the job description of a journalist is a Kamikaze attack. Our Chamipons, elitists and spokespersons have realized the bitter truth of their failing PR machinery and are now flying towards us with fuel drained, ready to sacrifice themselves in the battle field as long as they go out swinging.  

The kryptonite of the masses is a cocktail of influence and power resulting in a potent aphrodisiac wielded as the ultimate weapon to achieve mass persuasion. Add to that a simple marketing tool where you constantly bombard words to create a morphed ideological standing army. An army that is ready to spew the trickled down catchphrases when logical arguments fail. Let’s change the topsy-turvy narrative that furthers personal political agendas. Let’s not be disillusion by a world where words speak louder than action. Let’s put an end to being foolishly misguided by self-proclaimed torchbearers of justice who distort past-present-future through misappropriation.

“You bring me the man, I’ll find you the crime.” Lavrentiy Beria, chief of the Soviet secret police.

The article has been authored by Lalita Nijhawan, convenor of GIA.

Samyagyayoga: Retrieving the Essence of Yoga

Yoga is one of the most popular strands of Indic tradition that has taken a modern face and form, and attracts people from across countries, cultures, civilisations to adopt it. Some see it as primarily about Asanas (postures) and Pranayama (regulated breath) while others speak of moralistic renditions of Yamas (abstinences) and Niyamas (rules of conduct and existence).

What often however remains untold is the real goal of Yoga: union with Truth. The movement of mind, body and spirit towards the oneness that underlies all of creation, as per ancient Indic thought. In an age of commercialisation of Yoga, one just wonders: have we lost the essence of Yoga? 

Yoga comes down to us as part of an extant traditions that spans millenia. The word Yoga comes from the Sanskrit root term Yuj, which means ‘to join, yoke or attach’. Yoga highlights ways to get rid of the shackles of the worldly, the temporal, the illusory, to get liberated and yoked to the Truth, the oneness inherent in the Absolute Reality of Sanatana Dharma.

What is Yoga?

The formal definitions of Yoga are aplenty and bring to the fore various nuances of its formulation. Patanjali’s Yogasutra gives us the most-cited definition:

योगश्चित्तवृत्तिनिरोधः

which means Yoga is the complete cessation of the perturbations of the Citta (consciousness). The Bhagavad Gita speaks about Yoga in Chapter 2, Verse 48

योगस्थ: कुरु कर्माणि सङ्गं त्यक्त्वा धनञ्जय |
सिद्ध्यसिद्ध्यो: समो भूत्वा समत्वं योग उच्यते ||

which says that the equanimity that characterizes performance of one’s duty with abandonment of attachment to success or failure is Yoga. Kaundinya’s Pancarthabhasya on the Pasupatasutra, a Shaivite text, speaks of Yoga as the union of the self and the Lord, while the Linga Purana talks of Yoga as Nirvana – the condition of Lord Shiva. The Brahmasutra, one of the foundational texts of Vedanta, speaks of 

तत्त्वदर्शानाभ्युपायो

or Yoga as the means to see (absolute) reality, and goes on to expand on this in various verses such as Sutra 2.1.3 and 2.1.223.  Finally, the Yogabija, a Hatha Yoga text, speaks of Yoga as ‘the union of all dualities’, thereby breaking all barriers of individualism and conceptions of binaries, dualities and multiplicities in this ultimate dissolution of all creation into One.

Besides the Vaiśeṣika Sutra of the Vaiśeṣika Darśana (which defines Yoga as the state where the mind resides only in the soul and not in the senses) and the Nyāya Sutra of the Nyāya Darśana (which speaks of meditation, Yogic ethics and Samadhi), classical era texts like Yoga-YājñavalkyaVisudhimagga and YogācārabhūmiŚāstra speak extensively on Yoga. 

Evolution of Yoga

Yoga is said to have arisen in Pre-Vedic times, with one artifact often cited – the Pashupati seal, discovered in the Mohenjo-daro archeological site of the Indus Valley Civilisation. This connection is speculative and relies on the idea that the figure (in the seal) seems to be sitting in the Mulabandhasana – a specific posture seen in Yogic traditions. The Rig Veda speaks of Yoga in an early form, in a rather abstract manner, in Mandala 5, Hymn 81, Verse 1:

युञ्जते मन उत युञ्जते धियो विप्रा विप्रस्य बर्हतो विपश्चितः | 
वि होत्रा दधे वयुनाविद एक इन मही देवस्य सवितुः परिष्टुतिः ||

which is a prayer to the rising Sun-god in the morning (Savitr) and where the early form of the term Yoga is spoken of, with the meaning of ‘harnessing’ (the holy thoughts and spirit of the priests) for the purposes of invoking Savitr. The Rig Veda in Mandala 10, Hymn 136 speaks of Yogis and attributes and how they conduct themselves, along with their practices:

केश्यग्निं केशी विषं केशी बिभर्ति रोदसी | 
केशीविश्वं सवर्द्र्शे केशीदं जयोतिरुच्यते || 
मुनयो वातरशनाः पिशङगा वसते मला | 
वातस्यानुध्राजिं यन्ति यद देवासो अविक्षत || 
उन्मदिता मौनेयन वाताना तस्थिमा वयम | 
शरीरेदस्माकं यूयं मर्तासो अभि पश्यथ || 
अन्तरिक्षेण पतति विश्वा रूपावचाकशत | 
मुनिर्देवस्य-देवस्य सौक्र्त्याय सखा हितः || 
वातस्याश्वो वायोः सखाथो देवेषितो मुनिः | 
उभौसमुद्रावा कषेति यश्च पूर्व उतापरः || 
अप्सरसां गन्धर्वाणां मर्गाणां चरणे चरन | 
केशीकेतस्य विद्वान सखा सवादुर्मदिन्तमः || 
वायुरस्मा उपामन्थत पिनष्टि समा कुनन्नमा | 
केशीविषस्य पात्रेण यद रुद्रेणापिबत सह || 

where attributes such as ‘long loose locks (of hair)’, they who are ‘girdled with wind’ and wear garments soiled of yellow, and described as a ‘sweet, most delightful friend’. This hymn is often called the Keśin Hymn, since it describes Keśins, who were ascetic-wanderers with purported mystical powers.

This hymn is taken to be among the earliest evidences of Yogis and their spiritual traditions, as per famous Indologist, orientalist and philosopher of religion Professor Karel Werner [1]. Coming to the Upanishads, we see references to elements of Yoga in various texts: the Brihadaranyaka Upanishad in Chapter 1, Brahmana 5, Verse 23 speaks of the Yogic practice of regulated breath – Pranayama (or rather the importance of performing the functions of Prana) in the words

अथैष श्लोको भवति यतश्चोदेति सूर्योऽस्तं यत्र च गच्छतीति प्राणाद्वा एष उदेति प्राणेऽस्तमेति तं देवाश्चक्रिरे धर्म स एवाद्य स उ श्व इति यद्वा एतेऽमुर्ह्यध्रियन्त
तदेवाप्यद्य कुर्वन्ति तस्मादेकमेव व्रतं चरेत् प्राण्याच्चैवापान्याच्च नेन्मा पाप्मा मृत्युराप्नुवदिति यद्यु चरेत्समापिपयिषेत्तेनो एतस्यै देवतायै सायुज्य सलोकतां जयति॥

while the Chandogya Upanishad speaks of the Yogic principle of Pratyahara (withdrawing all senses into the Self) in the eight Prapāṭhaka, section 15:

तद्धैतद्ब्रह्मा प्रजापतयै उवाच प्रजापतिर्मनवे मनुः प्रजाभ्य आचार्यकुलाद्वेदमधीत्य यथाविधानं गुरोः कर्मातिशेषेणाभिसमावृत्य कुटुम्बे शुचौ देशे स्वाध्यायमधीयानो धर्मिकान्विदधदात्मनि सर्वैन्द्रियाणि संप्रतिष्ठाप्याहिसन्सर्व भूतान्यन्यत्र तीर्थेभ्यः स खल्वेवं वर्तयन्यावदायुषं ब्रह्मलोकमभिसंपद्यते न च पुनरावर्तते न च पुनरावर्तते॥

A distinct phase in the evolution of Yoga came from 500-200 BCE, with sections on Yoga in the Srimad Bhagavad GitaShanti Parva in Mahabharata (339.69), with description of an early form of yoga called Nirodhayoga or the ‘Yoga of Cessation’ contained in the Mokshadharma section of this chapter, and other Sramanic texts, particularly early Buddhist texts such as Sattipathana Sutta and Anapanasati Sutta. In these texts, the Buddha spoke of methods to rid oneself of the shackles of the worldly realm to facilitate reduction of Dukkha (sorrow). The evolution of Yoga was closely correlated with the evolution of various Sramanic traditions, from the Ajivikas to Buddhists and Jains. 

The first mention of Yoga in a manner similar to its current form, as a systematic tradition, is said to be in the Katha Upanishad in Section 2, Valli 3, Verse 11:

तां योगमिति मन्यन्ते स्थिरामिन्द्रियधारणाम्‌।
अप्रमत्तस्तदा भवति योगो हि प्रभवाप्ययौ ॥

which highlights how the state (of a person) that is defined by being one of equanimity and where the person is completely unperturbed, when the senses are imprisoned in the mind, that is Yoga. The Katha Upanishad expands on this in section 1, Valli 2, Verse 12:

तं दुर्दर्शं गूढमनुप्रविष्टं
गुहाहितं गह्वरेष्ठं पुराणम् ।
अध्यात्मयोगाधिगमेन देवं
मत्वा धीरो हर्षशोकौ जहाति ॥ 

which speaks of how by means of meditation on oneself, a person can comprehend the transcendent spirit within as God, and with that realisation leave both joy and sorrow behind. The Katha Upanishad, in verses 2.6.6 through 2.6.13 suggests a path to Self-knowledge, and this is the path it calls Yoga. If we specifically look at Section 2, Valli 6, Verses 10 and 11:

यदा पञ्चावतिष्ठन्ते ज्ञानानि मनसा सह ।
बुद्धिश्च न विचेष्टते तामाहुः परमां गतिम् ॥ १० ॥
तां योगमिति मन्यन्ते स्थिरामिन्द्रियधारणाम् ।
अप्रमत्तस्तदा भवति योगो हि प्रभवाप्ययौ ॥ 

we see the pursuit of a state where Manas (mind) with thoughts and the senses are still, and Buddhi (intellect and power to reason) does not waver. This is called the highest path. The Maitrayaniya Upanishad also highlights six limbs of what can be regarded as one of the oldest known descriptions of the Yogic traditions: Pranayama (regulated breath), Pratyahara (withdrawal of senses inwards), Dhyana (meditation), Dharana (concentration of mind), Tarka (contemplation of ideas), Samadhi (a state of complete dissolution into an idea or reality). 

Strands of Yoga

The ultimate aim of attaining union with Absolute Reality can be achieved using disparate strands of Yoga. Some rely on devotion, other on undertaking one’s duties and actions, while still others on realisation and consciousness. 

Bhakti Yoga

This is one of the oldest Yogic traditions, with its primary focus being on devotion to a deity to attain union with the Absolute Reality. The Shvetashvatara Upanishad has one of the earliest references to the word ‘Bhakti’ in Adhyaya 6, Verse 23:

यस्य देवे परा भक्तिः यथा देवे तथा गुरौ ।
तस्यैते कथिता ह्यर्थाः प्रकाशन्ते महात्मनः ॥

which highlights that he who has the highest love and devotion for his Guru (teacher) and God and is high-minded will be able to understand and realise the essence of the teachings and ideas of the Upanishad. Bhakti Yoga finds a preeminent place in the Srimad Bhagavad Gita, with the following words in Chapter 12, Verse 2

श्रीभगवानुवाच |
मय्यावेश्य मनो ये मां नित्ययुक्ता उपासते |
श्रद्धया परयोपेतास्ते मे युक्ततमा मता: ||

which says that Sri Krishna considers those who fix their minds on him and always engage in his devotion with steadfast devotion and faith to be the greatest yogis. Bhakti could be for any deity: Krishna, Ram, Ganesha, Lakshmi, Saraswati, Durga, Kali, Shiva, Vishnu, Agni and Surya, among others. Three important traditions of Bhakti are Shaivism (with devotion to Shiva), Vaishnavism (with devotion to Vishnu) and Shaktism (with devotion to Shakti). We also have the Panchayatana Smarta tradition, which consists of the simultaneous worship of Shiva, Vishnu, Surya, Shakti and an Ishta Devata (worshipper’s preferred deity) such as Ganesha.

Interestingly, speaking of the kinds of people who engage in Bhakti, Sri Krishna says (in Chapter 7, Verse 16)

चतुर्विधा भजन्ते मां जना: सुकृतिनोऽर्जुन |
आर्तो जिज्ञासुरर्थार्थी ज्ञानी च भरतर्षभ || 

which highlight four kinds of pious people who engage in devotion—the distressed, the seekers after knowledge, the seekers of worldly possessions, and those who are situated in knowledge and selfless devotion. It is those who are devoted because of their knowledge of love and without any expectations that Dharmic traditions regard as the highest of the Bhakta (devotees).

Karma Yoga

This is the path of unselfish action that leads to union with the Truth. It considers right action to be a form of prayer. Its fundamental teaching is that spiritual seekers must act as per Dharma and more importantly, must act without being attached to the fruits of an action, be it success or failure. This invariably leads to a state of equanimity and a certain dispassion. Each action, for a Karma Yogi, is an offering to God. In the Bhagavad Gita, Sri Krishna speaks of this path, in Chapter 3, Verses 3 and 4:

श्रीभगवानुवाच |
लोकेऽस्मिन्द्विविधा निष्ठा पुरा प्रोक्ता मयानघ |
ज्ञानयोगेन साङ्ख्यानां कर्मयोगेन योगिनाम् || 

न कर्मणामनारम्भान्नैष्कर्म्यं पुरुषोऽश्नुते |
न च संन्यसनादेव सिद्धिं समधिगच्छति || 

where Sri Krishna says that there are two paths leading to enlightenment: the path of knowledge and the path of work. He goes on to say that one cannot achieve freedom from Karmic reactions by simply abstaining from work, nor can one attain perfection of knowledge just by physical renunciation. An important point to note here is the rejection of the renunciate-ideal by Sri Krishna here. He does not glorify the idea of renouncing the world for attaining God. 

There is a beautiful commentary on Karma as a Yajñá or a ritual sacrifice in the same chapter (Verse 9)

यज्ञार्थात्कर्मणोऽन्यत्र लोकोऽयं कर्मबन्धन: |
तदर्थं कर्म कौन्तेय मुक्तसङ्ग: समाचर ||

where Sri Krishna speaks of how work must be done as a Yajña to the Supreme Lord or else work causes bondage in this material world. The aim of Karma Yoga is highlighted in Chapter 3, Verse 19

तस्मादसक्त: सततं कार्यं कर्म समाचर |
असक्तो ह्याचरन्कर्म परमाप्नोति पूरुष: || 

where Sri Krishna suggests that giving up attachment, one must perform one’s actions as a matter of duty, for by working without being attached to the fruits, one attains the Absolute Reality

The Yoga-Vāsiṣṭha, one of the historically popular and influential texts of Sanatana Dharma, speaks of a fate-less universe wherein actions and events may be important but they are not an end in itself. Similar is the position of Buddhism that talks of a relational reality in the Universe with Sunya (void) underlying this. Therefore, the non-attachment to the results of one’s actions naturally arises from the realisation of these ideas. Actions and duties must not become the cause of moorings to the material world and this can only happen with the sense of non-attachment to their results. This is also reinforced by the realisation from Jnana Yoga that there is no ‘I’ (ego consciousness) and the Universe is working through us all, and therefore there is no point of overt identification and attachment with one’s actions and the results of those actions. Texts like the Brihadaranyaka Upanishad, texts of the Mīmāṃsā Darśana, Bhagavat Purana and Narada Purana speak of Karma Yoga as well. 

Jnana Yoga

This is the path of introspection and speculation to attain Jnana or true knowledge and realisation of what defines our existence. More importantly and fundamentally, it seeks to answer key questions like what is the mooring for our existence, and is there anything beyond the worldly, the temporal and spatial. One of the greatest Jnana Yoga texts is the Avadhuta Gita by Sri Dattatreya, teacher of Sri Parasurama. In this text, dualities are taken as two sides of One, as is also highlighted by the famous Nāsadīya Sūkta of the Rig Veda

नासदासीन्नो सदासीत्तदानीं नासीद्रजो नो व्योमा परो यत् |
किमावरीवः कुह कस्य शर्मन्नम्भः किमासीद्गहनं गभीरम् ॥ 
न मृत्युरासीदमृतं न तर्हि न रात्र्या अह्न आसीत्प्रकेतः |
आनीदवातं स्वधया तदेकं तस्माद्धान्यन्न परः किञ्चनास ॥
तम आसीत्तमसा गूहळमग्रे प्रकेतं सलिलं सर्वाऽइदम् |
तुच्छ्येनाभ्वपिहितं यदासीत्तपसस्तन्महिनाजायतैकम् ॥
कामस्तदग्रे समवर्तताधि मनसो रेतः प्रथमं यदासीत् |
सतो बन्धुमसति निरविन्दन्हृदि प्रतीष्या कवयो मनीषा ॥
तिरश्चीनो विततो रश्मिरेषामधः स्विदासीदुपरि स्विदासीत् |
रेतोधा आसन्महिमान आसन्त्स्वधा अवस्तात्प्रयतिः परस्तात् ॥
को अद्धा वेद क इह प्र वोचत्कुत आजाता कुत इयं विसृष्टिः |
अर्वाग्देवा अस्य विसर्जनेनाथा को वेद यत आबभूव ॥
इयं विसृष्टिर्यत आबभूव यदि वा दधे यदि वा न |
यो अस्याध्यक्षः परमे व्योमन्त्सो अङ्ग वेद यदि वा न वेद ॥

In these verses, the composer famously breaks the final level of dualities by saying that in the beginning there was neither existence nor non-existence. With such counterintuitive and yet profound ideas, the Avadhuta Gita and the Vedas made the listener undertake the journey of discovery and a quest to seek the truth, through introspection, intuition, meditation and speculation. Sri Dattatreya goes even further by even breaking dualities at the meta-level, by saying that we are both (existent and non-existent) and neither of those! This was also the path of Sri Adi Shankaracharya, Sri Ramakrishna Paramhansa, Swami Vivekananda, Ramana Maharshi and Sri Aurobindo. The fundamental questions to ask, when pursuing Jnana Yoga is

Who are we? Are we just being conditions by our emotions, circumstances and experiences? Or are we beyond?

One of the most powerful expressions of Jnana Yoga (and Advaita Vedanta) is Neti, Neti or ‘not this, not this’. This expression is an analytical meditation that helps a person understand the nature of the Absolute Reality, the Ultimate Truth by first understanding what it is not. This expression also helps negate any rationalizations and distractions from the meditative, non-conceptual awareness of reality. The Avadhuta Gita speaks of how we all are manifestations of the Ultimate Truth with the word ‘Thou art that’

तत्त्वमस्यादिवाक्येन स्वात्मा हि प्रतिपादितः ।
नेति नेति श्रुतिर्ब्रूयाद अनृतं पाञ्चभौतिकम् ।। 

but this Truth is said to be indescribable and undefinable. Therefore, at best, one can try to highlight how it cannot be related to anything in our world, in the physical realm, and that is where the ancient idea of Neti, neti comes in. 

A point to remember here is that Jnana cannot be crudely translated to intellect. Jnana is not just brain-related and about scholastic or cognitive capabilities, since it speaks of accessing a truth beyond the transient and the worldly. If our brain itself is active till the point we live, surely its faculties cannot be the source of this Jnana. So what is Jnana? Jnana is related to the fundamental level of consciousness that underlies Buddhi (intellect), Mahat (the first evolute ‘Great’ principle) and Ahamkara (the ‘I’ or ego-consciousness). Through Jnana Yoga, we seek the union of this consciousness with what is regarded as the universal consciousness. Intellect may be important and gets us going on this path but that is not the end in itself. The realisation that the universal cosmic principle or the Absolute Truth and Reality gives rise to the diversity of phenomena we see is important. The realisation that there is no ‘I’ but that we are all part of one transcendent spiritual field is what the Vedas tell us, particularly as part of the famous Puruṣasūkta

सहस्रशीर्षा पुरुषः सहस्राक्षः सहस्रपात् ।
स भूमिं विश्वतो वृत्वात्यतिष्ठद्दशाङुलम् ॥

पुरुष एवेदं सर्वं यद्भूतं यच्च भव्यम् ।
उतामृतत्वस्येशानो यदन्नेनातिरोहति ॥

एतावानस्य महिमातो ज्यायाँश्च पूरुषः ।
पादोऽस्य विश्वा भूतानि त्रिपादस्यामृतं दिवि ॥

त्रिपादूर्ध्व उदैत्पूरुषः पादोऽस्येहाभवत्पुनः ।
ततो विष्वङ् व्यक्रामत्साशनानशने अभि ॥

तस्माद्विराळजायत विराजो अधि पूरुषः ।
स जातो अत्यरिच्यत पश्चाद्भूमिमथो पुरः ॥

यत्पुरुषेण हविषा देवा यज्ञमतन्वत ।
वसन्तो अस्यासीदाज्यं ग्रीष्म इध्मः शरद्धविः ॥

तं यज्ञं बर्हिषि प्रौक्षन्पुरुषं जातमग्रतः ।
तेन देवा अयजन्त साध्या ऋषयश्च ये ॥

तस्माद्यज्ञात्सर्वहुतः सम्भृतं पृषदाज्यम् ।
पशून्ताँश्चक्रे वायव्यानारण्यान् ग्राम्याश्च ये ॥

तस्माद्यज्ञात्सर्वहुत ऋचः सामानि जज्ञिरे ।
छन्दांसि जज्ञिरे तस्माद्यजुस्तस्मादजायत ॥

तस्मादश्वा अजायन्त ये के चोभयादतः ।
गावोः ह जज्ञिरे तस्मात् तस्माज्जाता अजावयः ॥

यत्पुरुषं व्यदधुः कतिधा व्यकल्पयन् ।
मुखं किमस्य कौ बाहू का ऊरू पादा उच्येते ॥

ब्राह्मणोऽस्य मुखमासीद् बाहू राजन्यः कृतः ।
ऊरू तदस्य यद्वैश्यः पद्भ्यां शूद्रो अजायत ॥

चन्द्रमा मनसो जातश्चक्षोः सूर्यो अजायत ।
मुखादिन्द्रश्चाग्निश्च प्राणाद्वायुरजायत ॥

नाभ्या आसीदन्तरिक्षं शीर्ष्णो द्यौः समवर्तत ।
पद्भ्यां भूमिर्दिशः श्रोत्रात्तथा लोकाँ अकल्पयन् ॥

सप्तास्यासन् परिधयस्त्रिः सप्त समिधः कृताः ।
देवा यद्यज्ञं तन्वाना अबध्नन्पुरुषं पशुम् ॥

यज्ञेन यज्ञमयजन्त देवास्तानि धर्माणि प्रथमान्यासन् ।
ते ह नाकं महिमानः सचन्त यत्र पूर्वे साध्याः सन्ति देवाः ॥

which speaks of the omnipresence of the Universal Being, which was all that existed in the past and will exist in the future. This transcendent field is said to be greater than all greatness, and pervades all that is living and non-living. By meditating on the greatness of the essence of this field, a spiritual aspirant can become the ‘Shining One’ themselves. This harks back to the understanding that those who realise the Absolute Truth become one with it, as per Vedanta. 

Raja Yoga

Initially Raja Yoga was taken to be the aim of Yoga, the supremum of all Yogic practices – the state of Samadhi primarily. More recently, since Swami Vivekananda wrote on the subject, especially highlighting the facets of Patanjali’s Ashtanga (eight-limbed) Yoga, Raja Yoga has become a method to attain union with the Absolute Reality.

One finds an early reference to Raja Yoga in the Amanaska, a Shaiva Yoga text, from around the 12th century CE, where a dialogue between Lord Shiva and Vamadeva leads to an elaboration of what is Raja Yoga. The text says that Raja Yoga – literally ‘King Yoga’, enables a spiritual aspirant to reach the ‘king’ within oneself – the supreme self, so to say. It is declared as the destination of Yogic practices that has a Yogi experience the bliss of absolute bliss, calm and contentment. The famous text Haṭhayogapradīpikā by Svātmārāma speaks of Raja Yoga as follows

राजयोगः समाधिश्च उन्मनी च मनोन्मनी | अमरत्वं लयस्तत्त्वं शून्याशून्यं परं पदम || 
अमनस्कं तथाद्वैतं निरालम्बं निरञ्जनम | जीवन्मुक्तिश्च सहजा तुर्या चेत्येक-वाचकाः || 
सलिले सैन्धवं यद्वत्साम्यं भजति योगतः | तथात्म-मनसोरैक्यं समाधिरभिधीयते || 
यदा संक्ष्हीयते पराणो मानसं च परलीयते | तदा समरसत्वं च समाधिरभिधीयते || 
तत-समं च दवयोरैक्यं जीवात्म-परमात्मनोः | परनष्ह्ट-सर्व-सङ्कल्पः समाधिः सोऽभिधीयते || 

where the emphasis on the connection between Raja Yoga and the ultimate state of Samadhi is seen. The Yoga Sutras of Patanjali, who ideas Swami Vivekananda connected with Raja Yoga, synthesise a system that extracts elements from three traditions

  1. The idea of discernment and right discrimination between Purusa (transcendent spirit) and Prakrti (nature) as part of  the idea of Adhyavasaya (‘reflective discernment’) from Samkhya Yoga, besides its epistemic methods to gain reliable knowledge as well as its metaphysical rationalism. 
  2. The pursuit of altered state of awareness and realisation from Abhidharma Buddhism (and its idea of Nirodhasamadhi), albeit with a physical and realist side that believes in every individual having a self and a soul.
  3. The ascetic traditions of introspection, meditation and isolation, besides the Yogic ideas from texts such as Shvetashvatara Upanishad and Katha Upanishad. 

Ashtanga Yoga is a systematic way to attain Samadhi. The ultimate goal of this way is to attain unbroken discrimination of what is real and what is not, as beautifully highlighted by these words from Patanjali’s Yoga Sutra

णववकख्याणतयणवप्लवा हानोऩाम्

which means the means of destruction of ignorance is unbroken practice of discrimination. The limbs of this system are given as follows

मभणनमभासनप्रािामाभप्रत्याहायधायिाध्यानसभाधमोऽष्टाव अङ्गाणन ॥

which says that Yama (abstinences), Niyama (rules), Asana (postures), Pranayama (regulated breathing), Pratyahara (withdrawal of senses to oneself), Dharana (concentration), Dhyana (meditation) and Samadhi (dissolution into the Ultimate Reality), are the limbs of Yoga. The Yama (abstinences) are defined as

अहिंसासत्यास्तेयब्रह्माचार्यपरिग्रहा यमाः

which are non-killing, truthfulness, non-stealing, continence and non-receiving. The Niyama or rules are given by

शौचसंतोषतऩ्स्वाध्यामश्वयप्रणिधानाणन णनमभा्

which are contentment, purification, mortification, study, and worship of God. There is emphasis put on the right posture or Asanas:

णस्थयसखभु आसनभ

which says that posture is that which is firm and pleasant. Also important is regulated breathing or Pranayama

तस्मिन् सति श्वासप्रश्वासयोरगतिविच्छेदः प्राणायामः

which speaks of the controlling of the motion of the exhalation and the inhalation. After this, the drawing in of the senses is highlighted, in the concept known as Pratyahara

स्वस्वविषयासंप्रयोगे चित्तस्य स्वरूपानुकर वेन्द्रियानां प्रत्याहार:

which speaks of the the drawing in of the organs is by giving up their own objects and independent modifications, and taking the form of the fundamental mind-element. After this come the three most important elements – Dharana, Dhyana and Samadhi.

देशबन्धश्चित्तस्य धारणा

which means Dharana is holding the mind on to some particular object. This slowly translates to sustained meditation or Dhyana. When this, giving up all forms and constructs, just puts forth the meaning and essence, one reaches the state of Samadhi. These three, when practised together, with regards to one object, gives rise to the state of Samyama

त्रयं एकत्र संयमः

and by the conquest of that comes the light of knowledge:

तज्ज्यात प्रज्ञालोकः

This is the comprehensive system by which Patanjali and various other proponents of Raja Yoga have laid the basis for attainment of Samadhi.

Conclusion

The hunger to attain union with the Truth (Mumukshatva) can lead help one begin on this quest to systematically approach the state of Self-realisation. Yoga is the mode and way to do this, with its sundry approaches and methods, which have evolved over the years. With the westernisation of Yoga and convenient projections of this ancient tradition, we must remain cautious against misprojections and distortions. While it is important for a healthy body and mind, as many people today see it as, those are but subsets of a larger set of ideas, practices and elements of a rich tradition of Indic thought, philosophy and spirituality. We must stand up for Samyagyayoga (सम्यग्योग) or true Yoga and union with the Truth. We must reach out to people and engage with them, to share and cherish the beauty of, and truth in, Yoga. 

References

[1] Werner, Karel. “Yoga and the Ṛg Veda: An Interpretation of the Keśin Hymn (RV 10, 136)”. Religious Studies. 13 (3): 289–302. 

Sudarshan News case: Dalit activist Sanjiv Newar to file intervention petition in Supreme Court after his comments were portrayed as ‘hate speech’

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On Wednesday, Dalit activist Sanjeev Newar tweeted that he would file an intervention petition in the apex Court in the Sudarshan TV case. He stated that his comments during the ‘UPSC Jihad’ show on the channel were misinterpreted and dubbed as ‘hate speech’ and ‘fake information’ in the petition filed against the telecast of the show.

Sanjeev tweeted, “I am filing an intervention petition in Supreme Court in Sudarshan News Tv case since the definition of Zakat as reproduced by me in show from Islamic texts has been portrayed as hate speech and fake information. Would like to ask if these texts are hate speech. My advocate is Shashank Shekhar Jha.”

He also pointed out how his comments about the menace of the infiltration of Rohingyas in the country were also dubbed as ‘hate speech’. Sanjeev Newar wrote, “Similarly, my concern over Rohingya infiltration as reproduced from government statements has also been classified as hate speech. “

Madhu Kishwar moves Supreme Court

On Wednesday, author and activist Madhu Kishwar also informed on Twitter that she has filed an intervention petition in the Supreme Court in Sudarshan TV ‘UPSC Jihad’ case. She claimed that her comments, during the show, were ‘mischievously’ presented as evidence of hate speech. Madhu Kishwar tweeted, “I’ve filed an Intervention petition in SC in Sudarshan TV case since a shoddy translation of small snippets of my comments on ‘UPSC Jihad’ during Sudarshan TV debate have been mischievously presented in SC as evidence of hate speech.”

The Sudarshan TV case

Hindi news channel Sudarshan News triggered an outrage after it aired a promo for a program which was to be broadcast on 28 August. Sudarshan News chief editor Suresh Chavhanke had informed that the channel is analysing the sudden increase in the number of Muslims selected in various posts in administrative and police services in the country, along with an increase in marks obtained by Muslim candidates as compared with others. However, this triggered Muslim activists and cases were filed to halt the broadcast.

After Delhi High Court stayed the airing of the show, the Ministry of Information & Broadcasting gave a nod to broadcast the same. However, the Supreme Court later passed an order restraining the telecast of the program.

Umar Khalid is not an exception to the rule of law: Former judges condemn ‘activists’ trying to interfere Delhi riot cases

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As the law catches up with the former JNU student Umar Khalid for his alleged involvement in fomenting unrest in the national capital, a set of former judges has come out to slam his supporters and so-called activists for trying to derail the process of law with regard to Delhi riots.

Without explicitly calling out people by their names, a group of retired judges have condemned a set of individuals, who claim themselves to be the sole custodians of civil society, for scuttling the usual process of law in the Umar Khalid case.

A new trend has emerged where disruptive elements are being put on the pedestal: Former judges

“A new belief is embraced wherein some allegedly disruptive elements are being elevated to the pedestal which assumes to be above the law of the land, amidst the cacophony and disorder instigated by the same supporting group which stands for those who support the disintegration of India,” read a statement released by the judges.

It further added, “Freedom of Speech does not mean freedom to instigate, provoke, participate or machinate to commit any crime. Freedom does not provide pardon from the legal consequences of criminality. National integration cannot be sacrificed at the altar of wishfully dis-integrative romanticism of the misguided elements. Law must take its own course. Umar Khalid is not an exception to the Rule of Law in India.”

The statement also accused the disruptive elements and their supporters of needlessly belittling democratic institutions of the country, including the Supreme Court of India, the Election Commission and the parliament, just because these institutes do not operate in conformity with their notions and beliefs.

Activists supporting Umar Khalid are operating under the illusion that judiciary works in accordance with their whims and fancies

“They seem to operate under the illusion that all democratic institutes in the country would uphold their whims and fancy, which by that very fact clearly portrays their lack of respect for India and what it stands for,” the judges added.

The letter also expressed its regret that even people who had previously held responsible positions and who are aware of the legal course, are indulging in laying impediments in the due process of law in respect to the Delhi riots, where “layers after layers of anti-national activities” are coming to light.

With regard to Umar Khalid’s interrogation, the judges said that ultimately all the allegations levelled against him will have to be proven in the court of law on the basis of evidence collected in the investigation, which might also include custodial investigation in some cases.

“If an accuse wants to secure bail, there are laid-out procedures for the same. It does not involve the third party interfering and browbeating the legal system by making reckless and scandalising statements in the media,” the statement signed by the former judges read.

Judges from across the country have been signatories to the statement that calls out the hectoring of the judicial process by the alleged civil activists and Umar Khalid supporters. As per a report in Times Now, the signatories include Justice BC Patel, former Chief Justice, J&K and Delhi High Court; Justice KR Vyas, former Chief Justice, Mumbai High Court; Justice Permod Kohli, former Chief Justice Sikkim High Court and Chairman CAT; Justice SM Soni, former Judge, Gujarat High Court and Lokayukta of Gujarat and Justice Ambadas Joshi, former Judge, Mumbai High Court.

The list also includes Justice SN Dhingra, former Judge, Delhi High Court; Justice Ashok Hinchigeri, former Judge, Karnataka High Court; Justice Dhiren Karia, former Judge, Gujrat High Court; Justice Rajendra Prasad, former Judge, Patna High Court; Justice Sunil Hali, former Judge, Allahabad High Court; Justice Prashant Kumar Agarwal, former Judge, Rajasthan High Court; Justice Raghuvendra Singh Rathore, former Judge, Rajasthan High Court; and Justice Sarvesh Kumar Gupta, former Judge, Uttarakhand High Court.

Umar Khalid arrested under UAPA for instigating Delhi riots

A Special Cell of the Delhi police arrested former JNU student Umar Khalid on September 14 in connection to the Delhi Anti-Hindu riots. He was booked under the newly amended Unlawful Activities Prevention Act (UAPA) and will be produced before the Court today.

Khalid was arrested under the Unlawful Activities (Prevention) Act (UAPA) after almost 11 hours of interrogation. He has been accused of playing an active role in fomenting violence in the national capital. He was later sent on a 10-days remand by a Delhi court.

Bar Council of Delhi issues notice to Prashant Bhushan asking why action should not be taken against him for his conviction in contempt of court case

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The Bar Council of Delhi has sent a notice to controversial Supreme Court advocate Prashant Bhushan seeking his response on the proceedings against him under sections 24A and 35 of Advocates Act for his contempt of court against the judiciary, which has led to his conviction by the Supreme Court.

According to the reports, the Bar Council of Delhi, taking the controversial tweets made by Prashant Bhushan into cognizance, has asked him to appear before them to seek his response why any action should not be taken against him for his tweets against the judiciary.

Prashant Bhushan has been asked to appear in person or through an authorised advocate on October 23 at the office of the BCD for a personal hearing. The controversial left-wing activist has also been asked to send his response to the Council within 15 days as to why proceedings under section 24A and 35 of the Advocates’ Act be not initiated against him in view of the tweets in question and the conviction.

The section 24A disqualifies a person from being enrolled as an advocate on a conviction for an offence involving moral turpitude and section 35 provides for disciplinary proceedings against an advocate for professional or other misconduct, which could result in reprimand, suspension from a practice or even removal from the rolls of the concerned Bar Council.

The BCD has warned Prashant Bhushan that if he fails to respond before the given time, then it will be presumed that he does not wish to reply and that proceedings will be conducted ex parte in case he chooses not to appear before the Council.

The Contempt case against Prashant Bhushan

On August 14, a three-judge bench of the Supreme Court held Prashant Bhushan guilty of contempt of court for his tweets against the judiciary and the Chief Justices of India.

The Supreme Court had convicted senior lawyer Prashant Bhushan after holding him guilty in contempt of court, with a fine of Re 1. The court had added that if Bhushan fails to pay a fine of Re 1, he will be sentenced to 3 months in jail and suspension of his lawyering for 3 months.

The case pertained to two tweets where Prashant Bhushan had cast aspersions against the Supreme Court and specifically, CJI Bobde.

The court had then granted additional time for Prashant Bhushan to consider providing an unconditional apology for his scurrilous remarks. However, in his vanity of portraying himself as Mahatma Gandhi, Bhushan refused to apologise, claiming to tender an apology would tantamount to “contempt of his conscience”.

Responding to the Supreme Court verdict asking Prashant Bhushan to pay a fine of Re 1 for his tweets against the judiciary, the senior lawyer Prashant Bhushan issued a protracted statement, admitting to paying the fine but indicated that he would file a review petition against the order.

FIR filed against Anurag Kashyap in sexual assault case

On Tuesday evening, actress Payal Ghosh filed a written complaint against director Anurag Kashyap at the Versova police station. The cops lodged a First Information Report (FIR) against the director, based on the charges of sexual assault levelled against him by Payal Ghosh.

Advocate Nitin Satpute, representing the actress in Courts, had tweeted, “Finally FIR has been lodged against Accused for the offence Rape, Wrongful Restrain, Wrongful Confinement and outraging modesty of woman.” He added that Anurag kashyap had been booked under Indian Penal Code (IPC) Sections 341 (wrongful restrain), 342 (wrongful confinement), 354 (sexual assault), 376-1(rape). The advocate further informed that his client had also recorded her statement with the police.

Earlier, she was reportedly made to wait by the Mumbai police at the police station when she went there to file a complaint against Kashyap. As per reports, even after waiting till 2 AM, the police did not file a complaint.

Allegations made by Payal Ghosh

Ghosh had recently accused Kashyap of forcing himself on her and had justified his act by saying that physical relationships between filmmakers and actresses were very common in the film industry. Ghosh had called Kashyap a hypocrite for speaking on the issues of women empowerment and patriarchy and on the other hand allegedly trying to sexually abuse her. The Chief of National Commission for Women (NCW) Rekha Sharma had extended support to Ghosh and had assured her to investigate the matter.

An analysis of the FCRA Amendment Bill and the impact it is likely to have on ‘Civil Society Organisations’

The Rajya Sabha has passed The Foreign Contribution (Regulation) Amendment Bill, 2020 on Wednesday. It was passed by the Lok Sabha a day earlier. The Bill was opposed strongly by the opposition parties and ‘civil society organisations’. However, the Bill has been passed by both houses of the Parliament.

A copy of the bill is available at PRS India’s site. We present a small analysis of the implications of the key changes brought about by this bill.

AmendmentPublic servants as defined in Section 21 of the Indian Penal Code are not allowed to take contributions
First Order ImplicationCourt officers, academics in Government institutions/Universities, people on boards of statutory bodies set up by the Government of India or State Governments will have to relinquish their positions in FCRA NGOs. Many such individuals will lose a good source of alternate income and budgets and grants beyond their official academic capacity.However, there is nothing to prevent public servants from being associated with foreign funded NGOs before and after their tenure. This rule only restricts holding both concurrently.
Second Order ImplicationPositions in statutory bodies and in quasi-Government bodies (say, Women/Child Commission) will lose their attraction. The Government may have to rationalise positions and bodies to account for lower availability of people. Deprived of FCRA income, individuals in such positions may engage in malpractice and utilisation of their position for illegal gratification
WorkaroundsNon-FCRA organisations will have public servants on board. The same organisation will have a representative in a FCRA NGO, i.e, the public servant controls by proxy. FCRA NGOs can be run through benamis (albeit with additional costs/risks)
GotchasLook for individuals of ages above 35 that have never filed a IT return and who are added to boards of FCRA NGOs – it is possible it is a domestic help or car driver of an ousted individual. Look for spouses and children/parents of ousted individuals who are added to the board
Table 1
AmendmentFCRA funds cannot be transferred to other organizations but must be spent directly by the organization involved.
First Order ImplicationOrganisations must build their own delivery capacity and not rely on implementation partners.In 2012, the intra-India transfer magnitude was ~10% of total inflow. With increase in the number of FCRA-NGOs in Delhi (total~4500 Crore),the percentage could have risen to 20% now. i.e., ~Rs. 3500 Crore of transfers to be affected. Many large entities, specifically agencies of the Roman Catholic Church, send large sums to official Catholic bodies, which are further disbursed to more than 700 organisations across India.Fund-raisers, ie, the sales end and implementation specialists, would merge instead of remaining separate. Pure play fund-raisers may be affected, as foreign players will cut out middlemen in favour of working directly with ground level NGOs. Many individuals have multiple FCRA entities in play, with fund flows between them. These will have to be consolidated.
Second Order ImplicationWe foresee a lot of redundancy in positions in larger entities.This will affect some large entities in Delhi, which have been liaising with donors abroad and coordinating the disbursal of funds across India. With this new rule, they will turn into pure administrative cost centers and thus becomes nonviable.
WorkaroundsVarious smaller organisations will be opened as for-profit entities and will operate based on contracts from FCRA NGOs. Larger International NGOs will establish Liaison Offices in Delhi, themselves and will coordinate their activities with the FCRA-NGOs all across the country, sidestepping the big Delhi players
GotchasLook for commonalities between directorships and FCRA NGO functionaries and fund flows between them to identify conflicts of interest and round-tripping of funds.
Table 2
AmendmentAdministrative expenses to be restricted to 20% of inflow
First Order ImplicationMany entities have been supporting individuals for activities such as soft conversions, funding judicial and political and accounting for these expenses under administrative heads. Their operations will be affected. Pay cuts and redundancies across the board are to be expected. Full time positions will be transitioned to contracts. Reduction in rental expenses. More money will be diverted towards purchase of property and towards setting up fixed deposits and line of credit to pay administrative staff
Second Order ImplicationIncrease in travel, conference and research grant expenses is to be expected as an alternate means of income for personnel
WorkaroundsNone
GotchasTravel and conference expenses of more than 20 lakhs per annum are to be reviewed against receiptsUtilization of funds for advancing line of credit and as collateral to open businesses.
Table 3
AmendmentPrimary inflow is to be through a SBI branch in New Delhi
First Order ImplicationAll remittance transactions can be intimated to MHA through the PFMS on a real-time basis. Similarly, all withdrawals can be intimated to MHA on a real-time basis
Second Order ImplicationA dedicated team can be placed at the branch to service FCRA accounts and to help them manage fund flows The centralisation of inflow transactions will also enable tracking of the source of fund flows. It will be possible to trace funds back to source, cross-verify with source organisation’s tax filings to prevent malfeasance.The process of filing FC4-returns can be simplified. An online tool can show the user a list of remittance and withdrawal transactions. The purpose, source and beneficiary needs to be marked by the filer against each transaction for simple consolidation and return filing.
WorkaroundsThe money can be transferred to other utilization accounts for further usage.
GotchasSame entity using multiple accounts for remittances
Table 4
AmendmentSection 12 of FCRA 2010 specifies a list of conditions for grant of certificate of registration. The same conditions shall be applied at the time of renewal of registration also.
First Order ImplicationThe registration is to be renewed every 5 years. Earlier, there was no specific requirement for fresh scrutiny at the time of renewal. Any entity found in violation of FCRA rules can now be restricted from renewal of registration and will have to undergo scrutiny afresh.
Second Order ImplicationRenewals of registration will become as rigorous as initial grant.
WorkaroundsNone
GotchasCreation of a new Trust/Foundation or Section 8 Company for renwal if an entity is found in violation.
Table 5

While listing the gotchas and workarounds for the earlier amendments, we will now begin to appreciate the new requirement to furnish Aadhar of key functionaries in all registered entities. Without this kind of knowledge of persons, none of the amendments can be effective. When KYC norms are applicable, it is equally important to implement a KYB (Know Your Beneficiary) norm.

While it is expected that these regulations will be onerous, here is a background:

  1. Less than 500 organizations hold 50% of cash and 50% of the inflows
  2. 90% of the cash is held by 2500 organizations and 90% of the inflow is covered by 3600 organizations
  3. There are not more than 3000 organizations that receive more than Rs 1 crore in annual inflow

Scrutiny needs to be focused on these organisations. There is a vast number of FCRA organisations – 10,000 odd – which do not receive more than 20 lakhs per annum. Care should be taken that these regulations are not used to harass and extract illegal gratification from these small organisations.

The analysis was co-authored with @by2kaafi.

‘Divorced women are bloodthirsty’ Congress leader Udit Raj claims while giving clean chit to ‘gentleman’ Anurag Kashyap

In his attempt to defend the sexual harassment charges against controversial Bollywood director Anurag Kashyap, Congress leader Udit Raj on Wednesday went on to make vile sexist remarks against divorced women claiming that they are bloodthirsty.

Citing the remarks made by the former wives of Bollywood director Anurag Kashyap, the Congress leader claimed that the divorced women were generally ‘bloodthirsty’ however, in this case, the two separated wives of Kashyap have stood in his support. The Congress leader also hailed Anurag Kashyap by calling him a ‘gentleman’.

Congress leader Udit Raj’s tweet

Attacking the Bollywood actress Kangana Ranaut and Payal Ghosh, the one who has accused Anurag Kashyap of sexually harassing her, the Congress leader said that both the actresses should be jailed and claimed that the actresses were spreading ‘social corruption’ in the country.

Udit Raj’s support for Anurag Kashyap comes amidst the serious allegations against him made by another actress Payal Ghosh, who had claimed that she was sexually harassed by filmmaker Anurag Kashyap in the past.

Following the allegations, many Bollywood entertainers and actresses, who otherwise preach feminism to others on social media, took to Twitter to support the filmmaker despite serious allegations were made against him.

A few days later, Anurag Kashyap’s wives – Kalki Koechlin and Aarti Bajaj defended the left-wing filmmaker. Actress Kalki Koechlin, who was married to Kashyap from 2011 to 2015, and Aarti Bajaj, Kashyap’s wife from 2003 to 2009, had put out social media posts in support of Anurag Kashyap.

In her post, Kalki Koechlin had written, “Dear Anurag, Don’t let this social media circus get to you. You have fought for the freedom of women in your own scripts, you’ve defended their integrity in your professional space as well as your personal life.”

On Sunday, Anurag Kashyap’s first wife and editor Aarti Bajaj also shared a similar note on Instagram, calling the director a ‘rockstar’. “First wife here… You are a rockstar, Anurag Kashyap. Keep empowering women as you do and the safest place you create for all of them. I see it first hand with our daughter (their daughter Aaliyah Kashyap),” the first wife wrote.

Shockingly, the Congress leader Udit Raj, citing these two personal posts by the former wives of Anurag Kashyap, made sweeping remarks against the separated wives in the country by referring to them as ‘bloodthirsty’.

Sexual assault charges against Anurag Kashyap

Accusing the director of sexual assault, actress Payal Ghosh stated, “I went to meet him and the next day when he took me to the other room, he opened his zip and tried to force his c**k (penis) inside my vagina by opening my Salwar Kameez. He said it was okay and all the actresses who worked with him such as Huma Qureshi, Richa Chadha, Mahi Gill, they are just a call away.”

Apparently, Anurag Kashyap told her, “Whenever I call them, they come running and suck my c**k (penis)”.

The director had also told her that such physical relationships are normal. “The next day he called me again. He said he wanted to discuss something with me. I went to his place, he was drinking whiskey or scotch, whatever I don’t know. It was smelling very bad. It could easily have been charas or ganja, drugs I don’t know, I don’t have any idea about it but I am not stupid,” Payal Ghosh stated while accusing Anurag Kashyap of sexual harassment.