Non resident Indians can breathe easy. Punjab government has amended the act and the Supreme Court as well lower courts have eased some provisions of the rent restriction acts.  Here we discuss some history and the latest law and judgments.

WITH the advent of First World War, the rent on premises in Punjab, particularly in Lahore started rising and the tenants were under constant threat of eviction or to pay higher rent. Seizing the alarming situation, government enacted a rent restriction law in 1941 forbidding the landlords from claiming rent above the "standard rent" or ejecting tenants so long as they were willing and ready to pay the permitted rent.

This Act was recast in 1947, extended to all urban areas and with partition it was again amended in 1948 and in 1949 and the East Punjab Urban Rent Restriction Act came into force. It imposed conditions on landlords:

(i) The tenant of any building, residential or commercial can not be evicted unless there is  a ground for eviction as mentioned in Section 13 of the Act.  The will of the landlord was not a ground for eviction. Even an agreement signed by the tenant to vacate the premises except on the grounds mentioned in the Act was not enforceable, it being a contract against statute.

(ii) The Controller was authorized to determine fair rent taking into consideration the prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances during the 12 months prior to 1^ST January, 1939. In the case of a residential building in existence before 1^st January, 1939 the rent was not to exceed Rs.25/- per meson with permissible minimal increase etc.

(iii) When the fair rent of a building or rented land had been fixed no further increase in such fair rent was permissible except in cases where some addition, improvement or alteration had been carried out.

(iv) The landlord was not permitted to claim anything in excess of fair rent. Any agreement for the payment of any sum in addition to rent or of fair rent was to be null and void.

These provisions froze any increase of rent in any event.  Provisions regarding determination of fair rent were so illogical that with the passage of time, it imbalanced the whole social set up in the housing sector.

Judicial Appraisal of the Act:

In 1987 in a case Prabhakaran Nair Vs State of Tamil Nadu, Supreme Court noted that the laws relating to landlord tenant relations with the passage of time have become insoluble and require to be made rational, humane and capable to being implemented.  The country vitally and urgently needed a national housing policy as a fast changing society cannot operate with unchanging laws. After the judgment in this case, the Government of India drafted a model rent control legislation in year 1992 and suggested to the States to revise their rent control Acts accordingly. The State of Punjab prepared a Bill in 1994 which was passed without dissent in the year 1995 by Punjab Vidhan Sabha. The President of India granted accent in March, 1998 and it became an Act. But the same has not been notified to be implemented for political reasons as the vote bank contains considerable number of tenants as against landlords.

Meanwhile, the Supreme Court in the case of Malpe Vishwanath arising from Bombay High Court judgment observed that provisions regarding fixation of fair rent, the freeze on rent and the restriction on the landlords are violative of principles of equality enshrined in Article 14 of the Constitution.

The Rajasthan High Court in of Khem Chand’s case, the Bombay High Court in case of Om Parkash and The Delhi High Court in Raghunandan Saran's case held that the provisions relating to standard rent offend Article 14, 19(1) (g) and 21 of the Constitution.

Petitions are pending in the Punjab and Haryana High Court also seeking striking down of the similar provisions in the Punjab Act.

N.R.I. Factor:

Punjab government realizing the plight of NRI’s and to help them to recover possession of their residential or commercial buildings has amended the East Punjab Urban Rent Restriction Act in 2001 by inserting Section 13-B and other relevant provisions.

Non-resident Indian has been defined as 'a person of Indian origin who is either permanently or temporarily settled out side India in either case-

(a) for or on taking up employment outside India; or (b) for carrying on a business or vocation outside India; or (c) for any other purpose, in such circumstances, as would indicate his intention to stay outside India for a uncertain period'.

Section 13B has been added in the main Act to facilitate N.R.Is to recover immediate possession. It reads-

"13-B. (1) Where an owner is a Non-Resident Indian and returns to India and the residential building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of any one ordinarily living with and dependent on him or her, he or she, may apply to the Controller for immediate possession of such building or buildings, as the case may be.

Provided that a right to apply in respect of such a building under this section, shall be available only after a period of five years from the date of becoming the owner of such a building and shall be available only once during the life time of such an owner.

(2) Where the owner referred to in sub-section (1) has let out more than one residential building or scheduled building and/or non-residential building, it shall be open to him or her to make an application under that sub-section in respect of only one residential building or one scheduled building and/or one non-residential building, each chosen by him or her.

(3) Where an owner recovers possession of a building under this section, he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of five years from the date of taking possession of the said building, failing which, the evicted tenant may apply to the Controller for an order directing that he shall be restored the possession of the said building and the Controller shall make an order accordingly."

The N.R.Is have been given concession under the amended law. They can apply for immediate possession in case they fulfill requirement of Section 13-B, of being a N.R.I as defined and requiring the building of which he/she or their predecessor-in-interest was owner for at least five years preceding the application.

If such a petition is filed under Section 13-B the tenant cannot contest it in the usual manner. He has to file an affidavit disclosing facts as would disentitle the landlord in getting order of immediate possession. The court, if satisfied from the affidavit will grant him leave to contest. In case permission is granted the court shall start proceedings within one month and hear the case from day-to-day till the end of the case.

Still the matter in several cases was taken to the High Court and the Supreme Court by tenants and some legal questions were decided.

Inderjit Singh Garewal from England filed petition under Section 13-B for eviction of his house in Sarabha Nagar, Ludhiana.  The tenant raised objection that he has got sufficient accommodation on the 1^st floor.  The High Court held that once three ingredients are proved, (i) that he is N.R.I, (ii) has returned to India (iii) that the landlord is owner for the last five years, the landlords mere prayer that he requires the premises for his own, or for the use of any one ordinarily residing with him or his any dependent, would entitle him to immediate possession. Secondly the provision in Section 13, that he has got another similar accommodation in the same area, or part of accommodation in the building does not apply to him as under Section 13-B he can get entire one building vacated. It is also not necessary that he should permanently settle in India after getting the building vacated. (Prem Kumar Patel Vs Inderjit Singh Garewal 2002(2) Rent Law Reporter Page 609}

In another case, Chanan Singh from England filed eviction petition to which the tenant objected that the landlord has not come to India for permanently settling.  The High Court observed, "It is not expected that non-resident Indian would first come to India, live in rented accommodation or in hotels during the pendency of his ejectment petition and then after succeeding in ejecting the tenant he would shift to property. If such an interpretation is followed, then probably no N.R.I landlord could ever succeed in getting the eviction order passed." (Kamlesh Devi Vs Chanan Singh, 2003(2) Rent Law Reporter 51).

Shubh Ishya Devi a N.R.I filed petition for ejectment from her shop as she herself wanted to run a dispensary there. The tenant filed affidavit that she does not want premises for her own use, rather she has entered into agreement to sell the shop to some body else. The controller granted leave to the tenant to contest.  The land-lady challenged the order. High Court observed

"from the statement of the land-lady, --it is evident that an agreement to sell has been entered into by her with one Khusi Ram................  Such an agreement raises a reasonable doubt about her bonafide necessity............  The object of the Act is not to encourage unscrupulous landlord to seek ejectment"(Shubh Ishya Devi Vs Bihari Lal, 2004(2) RLR 724)

Devi Dayal Sharma migrated to Canada after his retirement. He was issued P.R.Card and then granted citizenship. Back home he filed petition for ejectment from the shop.  The tenant raised objection that the landlord has ceased to be citizen of India and cannot be considered as of Indian origin and because he has acquired citizenship in Canada, he has no intention to settle back in India.

The High Court observed that it is the landlord's choice to choose the place of his stay.  The Court cannot substitute its own opinion in place of the landlord.  When landlord maintains that he wants to settle in India. His bonafide cannot be challenged.

The question of citizenship was decided on the basis of Sohan Lal's case in which almost all the controversial issues were discussed.  This case went to the Supreme Court and a recent judgment on the issues has provided finality to the controversial issues. Three cases were decided by one judgment.

The Punjab High Court held in Sohan Lal's case -

(1)  N.R.Is or the persons of Indian origin who acquired citizenship abroad are not debarred to be owner of the property in India. The definition of N.R.I being a person of Indian origin does not need to be limited either by reference to the Foreign Act, 1946 or the Citizenship Act, 1955 or by reference to the Card Scheme. It appears that all the aforementioned statutes have different area of operation than the provisions of Section 13-B and other cognate provisions. Once a N.R.I or a person of Indian origin who have acquired citizenship abroad is owner for over five years of the property rented out to a tenant, he would be covered by the definition of N.R.I.

(2)  The definition in fact embraces all those categories of Indians living abroad, whether citizens or non-citizens, whether born in India or abroad, whether carrying Indian or Foreign Passport are covered under the category of N.R.I.

(3)  It is obvious that the amendment is for the benefit of the owner N.R.I and it cannot be construed to mean that it should be interpreted in favour of the tenant merely because in the original Act such an object has been mentioned. (Sohan Lal Vs Swaran Kaur 2003(2) RLR 619)

The Supreme Court of India in Special Leave Petition filed by the tenants in the above cases settled certain vital issues.

The Supreme Court has appraised the whole Act and has held in the recent judgement dated October 5, 2005 (Baldev Singh Bajwa Vs Munish Saini, 2005(2) RLR-488), –

(i)  Petition under Section 13-B is to be disposed of in the manner indicated in Section 18-A ordering immediate possession unless the tenant obtains leave to contest the application by filing affidavit disclosing facts as would disentitle the specific landlord from obtaining an order for recovery of possession. In case leave is granted the Controller shall commence the hearing on a date not latter than one month from the date on which the leave is granted and shall hear the application from day-to-day basis till the hearing is concluded. No appeal or second appeal shall lie against the order. However, the High Court can on sufficient grounds examine the record;

(ii) The requirement of the landlord of the accommodation is to be established as a genuine need and not a pretext to get the accommodation vacated;

(iii) All that is required under Section 13-B is that a N.R.I. should return to India and claim the premises for his/her use or for the use of any dependent ordinarily living with him.

(iv) There is no requirement that he has permanently settled in India on his return or he has returned to India with an intention to permanently settle in India. A N.R.I may require the accommodation for expansion of his business which he is carrying on in other country or requires accommodation for his temporary stay;

(v) He can claim ejectment for the purpose of any other person who is dependent upon him and is ordinarily living with him, which makes it clear that although a N.R.I. resides permanently in other country, he could get the accommodation vacated for the need of his dependants who ordinarily live with him and he intends to come to India choosing his permanent abode. We do not find any substance in the submissions made by the learned counsel that the words "return to India" under Section 13-B of the Act denotes return to India permanently.

It would   now be convenient for the Non-Resident Indians to retrieve their properties.

J.S.Toor   is a leading advocate of the Punjab & Haryana High Court Phone: 91-0172-2607530 email Jogindersingh_toor@yahoo.com

The Imperial Game: Indian Foreign Minister Departs
Gobind Thukral

ON the quick sands of Indian politics nothing seems to be steady. An experienced foreign minister Natwar Singh is now without any portfolio, a la Krishna Menon style in the mid sixties. He lost his job for an unsubstantiated ex party enquiry report written under a game plan and with an avowed political purpose. He was named along with the Congress party as non contractual beneficiaries of the United Nations’ Food for Oil Programme for the Iraqi oil sales in 2001 to a Swiss oil trading company, Masefield AG. The subject does not figure in the main body of the Report, but the supporting tables showed the associated contracts as being valued at $63 million, and alleged that "illicit" surcharge payments amounting to $748,540 were paid on behalf of the two non-contractual beneficiaries by Andaleep Sehgal and Hamdan Export into Iraqi accounts in the Jordan National Bank. While the foreign minister has been made to eat a humble pie, the Congress as well 25 Indian corporates await the outcome of two public enquiries. The corporates under the scan for any violations of taxes have stoutly denied any misdoing. 

Paul Volcker, a former American banker who with a big team of experts had produced a shoddy report detailing little evidence except what he got from the so called electronic records of the former Iraqi President Saddam Hussein. Over 2,000 companies are mentioned as the beneficiaries worldwide. These records are in the custody of the American government and their genuineness is no one’s concern. Again, how Volcker mellowed down the emphasis and changed the language when it came to U.N Secretary General Kofi Annan and his son. How many others business houses he might have favoured. At worst, Volcker did not notify either the Congress or Natwar Singh.

There is a bagful of flaws in the Volcker Committee's politically charged approach. Evidently he was doing more than just probing a U.N scandal in which top executive’s son is said have made slush money.  There is no specific sourcing of the allegations made in Tables 1, 3 and 5 against either Natwar Singh or the Congress, other than a covering note that the information on the non-contractual beneficiaries is from the records of the Iraqi Ministry of Oil and the State Oil Marketing Organisation. Volcker Committee violated its own investigation guidelines by failing to serve notice on Natwar Singh and the Congress. You punish a person or a party without letting a chance to speak.  

Intriguingly Volcker now maintains he did not know who Natwar Singh was   and cared little to know if he was the foreign minister of a major democratic country. The callousness is obvious and tells its own tale. 

Indian political establishment reacted in fright. Its initial response was slow, inept and politically naive. The ruling Congress scared of the opposition and its past experience with Bofors was in fright and messed up all through till two probe committees were setup. BJP, the main opposition brayed for blood. Natwar must go, Manmohan must go and so Sonia Gandhi. Predatory as ever media would not miss this big chance to lap up to such a luscious stuff.  It too yelled for heads. The Left demanded a probe and till then no action. “Let us first know the facts fully”. Marxist leader Prakash Karat demanded an enquiry before any action. The Hindu which initially broke the story on October 29 and asked for credible probe, others who joined later called for tougher action, some even without any understanding of the report or its import.  

In a way it was a repeat of history. Sixteen years back the Bofors scandal had rocked the boat of Indian politics and claimed the reputation of a prime minister and his party. It took that many years for the courts to finally pronounce no guilty verdict.  

In this Food for Oil Programme, there is another harsh reality, least considered. The U.N allowed Iraq to sell oil and buy food and medicines as sanctions had wrecked the country. Over five million children had died in that hapless country still the victim of American hegemony where daily bloodbath is claiming thousands of innocent lives. The government had little choice except to get extra money than what was in the bills to buy human needs and survive. Evidently those entities worldwide that helped run this plan must have made more, besides normal profits. Are the intelligence networks from major countries not funding political parties and individuals as well as institutions worldwide?  Why single out one Saddam as a villain. How about the American government under President Bush and the United Kingdom government under Tony Blair who lied on Weapons of Mass Destructions to their nations and to the world and invented  blatant lies to cheat the world opinion. What should one call the biggest oil thief of the world? 

Let us forget all this for a while and just consider Indian political morality. India one of the world’s most corrupt nations [85th number in order of merit on the corruption chart as per Transparency International] was overly outraged.  Vociferous demand the head before establishing facts was raised all over. It was the mainstream media, particularly the television channels and some major newspapers that cried blood. Quoting no one, they yelled; the Congress wants Natwar Singh out who has been a follower of Nehru-Gandhi family and the Congress ideology and for long had stood for an independent foreign policy and non alignment movement. He should go as he was favouring an independent policy on Iran’s nuclear issue or was more favouring the anti American world. Also, he was crossing the line with Prime Minister Manmohan Singh whose understanding of foreign policy issues was considered poor. Natwar who has been close advisor of Mrs. Sonia Gandhi on foreign policy issues for long would not toe blindly.  Also, Natwar Singh had little liking for the Americans and hated their hegemony politics, only recently started considering that India has to deal with that super power, particularly in matters nuclear.

The Tribune’s well informed correspondent from Washington, Ashish Kumar Sen  cleared some  doubts when he wrote, “Maintaining New Delhi’s close ties with Tehran had been a priority for Natwar Singh, Stratfor analysts say. “Recognizing the strategic importance of sustaining economic and diplomatic ties with Iran, he was at odds with the Prime Minister over the Iranian nuclear debate, and promoted an agenda of resistance to US pressure to vote against Iran at a vote of the International Atomic Energy Agency (IAEA).”  

Stratfor is an American intelligence think tank based in Texas. And he quoted, “The timing of Mr Natwar Singh’s dismissal and a scheduled November 25 IAEA meeting on Iran’s nuclear activities is conspicuously parallel US interests.” Prior to that vote, members of the US Congress had been irked by remarks attributed to Mr Natwar Singh that India opposed recommending Iran to the United Nations Security Council for disciplinary action.”

Yet for this hardened diplomat Natwar Singh, who loves reading, debating and writing, there were more respectable ways to meet this challenge. Shouting and flailing was of little help as the obstinate position that he would not quit, and has the support of Sonia and Manmohan etc.  He should have just asked for a full enquiry to establish the facts and let not the Americans, Condoleeza Rice and others enjoy at his cost.

As former Supreme Court chief justice R.S.Pathak and former diplomat Dayal now probe the oil deal, Indians can hope to have a better view of the whole issue.

GROWTH in the Indian farm sector has been hit by lower public spending, poor agronomic practices, erratic weather and lack of quality seeds. Farmers have always welcomed new technology to boost crop output whether these were irrigation facilities through modern dams or green revolution from quality seeds and fertilizers. Pubic spending since 1991 has been on the decline, leading to poor growth between 1 to 3 per cent per annum.

When the country opened its doors to the genetically modified technology by allowing commercial cultivation of gene-altered cotton in 2002, many hoped the new technology would lead to better seeds, ushering in second green revolution. But the country has made little progress. Cotton is the only transgenic crop to be introduced so far.  

Owing to the skeptical attitude towards biotechnology, no edible GM crops are legally grown for consumption in India, the world’s second most populous country. Although farm scientists insist that GM crops have the potential to increase crop yields in developing countries like India where 600 million plus people eke their  from  the farm sector.. There is then the other side with supporting studies asserting the harm the genetic variety does to the soil and the crops. The monopoly control over the genetic seeds by the big profit hungry corporations is subject of world wide protest by the environmentalists, scientists and concerned public figures. 

Known as Bt cotton worldwide, the genetically modified cotton contains a bacterial gene that kills the common bollworm pest when it feeds on the plants. The biotech seed despite costing three times more than the natural one, increases farmer’s yield and cuts cost because fewer chemical pesticides are needed, those supporting the Bt argue.  

Initially Bt cotton was allowed to be grown only in western and central parts of India. But earlier this year, the Genetic Engineering Approval Committee, the regulatory body comprising of scientists, officials, activists and seed developers, approved commercial cultivation of transgenic cotton in Punjab, Haryana and Rajasthan.  

And farmers, fed up of successive crop failures due to pest attacks, embraced the technology with a lot of enthusiasm. Mainly because cotton crops that were genetically modified to resist insects increased yields. 

For instance in Punjab, the farmers started using the technology in a limited way much before they were allowed to use it. The cotton growers had been suffering huge loses and there were number of suicides in the Malwa belt of Punjab.  Result – the nation cotton production in 2004/05 (Oct-Sept) jumped to a record 23 million bales from 17.7 million an year ago, which is attributed to good weather, genetically modified seeds and more area under cotton crop.  

This year cotton farmers are expecting a second record year in row with an estimated production of 25 million bales.  the area under transgenic cotton jumped to 1.34 million hectares this crop year, from 44,500 hectares when it was launched in 2001.

Farm experts hoped that increased production will not lead to a glut as the country's textile industry, the world's largest after China, is expected to consume most of the excess cotton to meet demand in Asia's fourth largest economy. But the prices have been fluctuations thanks to textile lobby’s clout in Delhi. More cotton means more money for the textile mills and middlemen.  Textile industry employs some 35 million people and provides one quarter of the country's export earnings and is expected to consume 35 million bales of cotton by 2010.

 Government claims that cotton farmers have made more money despite a sharp decline in prices because of improved yields and lower costs for pesticides and labour. Cotton yields rose to 1,075kg per hectare this year from 850kg per hectare a year ago. Seed companies like Maharashtra Hybrid Seeds Co., 26 per cent owned by U.S. biotech giant Monsanto Co., have estimated a three-fold jump in the area under gene-altered cotton this year.

Many agriculture scientists hope that if it continues like this then India might overtake United States as the world’s second largest cotton producer. India earlier proved it when it snatched the title of world’s largest milk producer from America some years ago. That was thanks to the strong cooperative sector in dairy farming. In fact a report from the US Department of Agriculture also mentioned India’s leaping cotton output. Ludhiana district was earlier rated as the highest wheat producing area in terms of per hectare yield

India, the world's largest buyer of edible oils, is struggling to boost oilseeds output, which has been stagnant for the past 10 years. The country grows 1,000 kg of soybeans per hectare, compared with the world average of about 2,400 kg.

Discrepancies apart, the United States, Argentina, Canada and China are the world's leading growers of biotech crops. More than half of China's cotton crop, for example, is now genetically modified. India approved three varieties of Bt cotton in 2002 for commercial production and is now conducting field trials for several crops including mustard, rice, potatoes and cauliflower.

Amrita Pritam, one of the best known Punjabi writers has just bid adieu to this so called 'mortal world' after having stridden through the bright and not so bright alleys of life for eighty six long years. Born in 1919 in the family of Sikh preacher at Gujranwala, now in Pakistan where in 1780, mighty Emperor Ranjit Singh was born; she became a celebrity just in her adolescence as she started composing and reciting poems in mid-thirties of the last century. By the time she graduated into adulthood and started appearing on Lahore radio station, she had almost become a rage not only because of her literary ingenuity but more because of her charms.

In early forties when she was living in Lahore most of the well-known Punjabi writers, particularly the poets were her keen admirers, some of them even prostrating before her like servile devotees. Those were the times when most of the literary practitioners were working in an environment in which female entry was no less than a divine presence. Some of the greatest Punjabi writers like Prof. Mohan Singh, Sant Singh Sekhon, Balwant Gargi, Devinder Satyarthi and Santokh Singh Dheer made persistent efforts to conquer this invincible fort called Amrita but they miserably failed to reach anywhere near her.

Till the fifties of the last century Amrita wrote poems in the progressive vein with a sprinkling of romance that made her very popular in the northern part of the subcontinent. Her immortal poem "Ajj Akhan Waris Shah Nu” written during the gory days of Partition proved to be an epitome of the general mood of the suffering humanity, vertically dissected by an ugly turn of events. This singular poem vividly delineates the sorrow of a people torn asunder socially, culturally, economically   and geopolitically by a conspiracy of circumstances. The poem is a landmark in the literary career of Amrita and most of the reading public remembers her only because of this composition which at times is recited by literary charlatans as a proof of their poetic prowess even in the outlying towns and villages. After the publication of this poem Amrita Pritam was shining like a star on the literary horizon of Punjab.

In early sixties she launched Nagmani, a literary magazine that would mainly purvey to the new Punjabi writing. Young writers and literary pretenders were indiscriminately promoted by this journal though the old established writers were contemptuously ignored. After the publication of their audacious compositions in that journal, the literary green hands would make a beeline to the Hauzkhas abode of Amrita, some with tins of pure desi ghee or honey as an offering at the altar of the Punjabi Muse.  These poets, semi-poets, writers and literary practitioners had a blind faith in her literary supremacy and they always enjoyed singing psalms and paeans in the temple of their deity. Only a person like the hoary Devinder Satyarthi could at times blurt out the bitter truth. Once on Amrita's birth day bash when he was cajoled to join the festivities, he in the presence of many literary activists at her residence sarcastically cried out, "Amrita, tu cheez barhi hai mast". (Amrita, you are really an intoxicating stuff).  These off the cuff remarks by a sage of Punjabi letters succinctly sum up the "being" of Amrita as a poet.

As a prolific writer Amrita wrote hundreds of poems, good and not so good. Since there are not many buyers of poems in Punjabi, she started writing fiction as well. Her novels like Doctor Dev, Pinjar, Iq Sawal, Iq Si Anita and so on were well received by the young readers of Punjabi. But the serious reader could hardly be carried along beyond a few pages. Nevertheless, her novels were simultaneously translated into Hindi where she found a much receptive readership and a lot of royalty, besides attaining a countrywide reputation as a writer. Consequently she was decorated with many national and international awards and a few official adornments.

Amrita Pritam has been both a miracle and a mediocre. For most of those fixated at their teens and twenties, she was a marvel and a cosmic literary genius. But for those who have grown beyond this mental age, she is just an average popular writer. A Sikh Punjabi girl transcending all the interdictions and taboos of Punjabi mores and morals, uninhibitedly drinking and smoking in public, caused a huge discomfiture to the Sikh religious sensitivity.

Harvest at the Box Office: Poor Aesthetics and putrid stories
Jyotika J. Thukral

SKIN and romance is passé. As comedy flicks rule Bollywood this year. Whether the script is original or not, sensible or senseless, the movies are running to packed houses.

The year which began with successful offbeat films like Black and Page 3, has given way to typical escapist masala movies which began with the success of No Entry followed by much hyped and blockbuster hits Bunty Aur Babli and Salaam Namaste. Even lesser hyped movies like Kya Kool Hain Hum and Maine Pyar Kyon Kiya managed good profits.  

Where significant movies like Amu, Khamosh Pani, Maine Gandhi ko nahin Maara appeal largely to discerning audiences, films of  lighter stuff like Masti, No Entry, Kya Kool Hain Hum and  Maine Pyar kyun kiya  are big scorers at the box office.  

This sometimes irritates.  Curiously sometimes the spectators that relish quality and serious films on the one hand, have also begun to like films where logic and plot barely exist. The art of films is to make people laugh by presenting constant ludicrous scenes to help forget the mundane joyless life, though momentarily. So runs the argument.  Who doesn’t mind laughing at this non-stop nonsense comedy movies? Movies which so far used to be known as the flavour for the lower strata of society have now taken a new avatar which in turn has begun to appeal to a section of discerning spectators who otherwise consider themselves as connoisseur of serious films. Viewers looking for quality entertainment don’t mind the gags in these slapstick comedies. Bollywood sure has come of age! As the filmmakers are busy conjuring up subjects to cater to the varying tastebuds of the audience that wants variety as well as quality.  

And the latest films to join the genre of such comedy are the much hyped (thanks to their past reputation of having delivered box-office hits) Priyadarshan’s Garam Masala and David Dhawan’s Shaadi No. 1.

Well true to its name, Garam Masala (for those who have missed the promos which have been on air for some time now) is an out and out comedy which offers peels of laughter throughout. But as far as Shaadi No 1 is concerned, it fails to deliver. One could call it a recycled version of Dhawan’s guffaws with hardly anything novel to offer. In fact, one could find a lot of similar elements in Masti and Shaadi No 1. The difference being where Masti was a great comedy of errors packaged brilliantly and is still fresh in the mind of the viewers, Shaadi No 1 is a poor remake. For, the plot, the story, characterisation and the situation everything is ridiculous and Sanjay Dutt’s role is a mere icing on the cake. Quite a let down considering his caliber. But his presence must have helped in the film opening to decent collections if not more. 

Garam Masala, after Hera Pheri, Hungama and Hulchul, is director Priyadarshan’s latest venture in the area of comedy. And thanks to the success of the previous three, the audience’s expectations were really high and to a large extent one would say that Garam Masala has managed to meet these. The audience couldn’t have asked for a better cast as the combination of Akshay Kumar, John Abraham, Paresh Rawal and Rajpal Yadav add to the authenticity of the gags and punches that the film is replete with, specially the second half. The three new heroines in the film add an element of freshness. 

The pace is slow in the first half, never slackens in the latter as Mac (Akshay Kumar) photographer finds himself possessing a empty flat and access to three gorgeous air hostesses – Priti (Daisy), Sweety (Neetu) and Puja (Nargis). Although being already engaged to Anjali (Rimmi Sen), daughter of his father’s childhood friend, he doesn’t mind flirting with others for fun. And even convinces each one that she is the one and only one for him. But when Sam (John Abraham) who was once Mac’s best friend and now his rival surfaces on the scene, the chaos begins. Paresh Rawal’s eccentricity further adds to the drama till Mac’s secret is revealed to the three girls. The way everyone has been placed in the situational comedy is hilarious but never looks overdone.

In a nutshell, Garam Masala offers no subtleties, no understatements, just non-stop nonsense that passes for comedy. But the masses are happy and so is the industry which is dishing out one comedy after the other. Is this the ushering of a new era in Hindi cinema? Will have to wait and watch! 

In each tragedy, the playwright has a comic element to relieve the audience of excessive seriousness and thus offer full life, both tragic and comic. It is also necessary for purgation of emotions. King Lear had fool to add meaning to the play and heighten the meaning. Critic Northrop Frye had said that comedy's archetypal function is to visualise the world of desire, not as an escape from ``reality'', but as the genuine form of the world that human life tries to imitate.  

The film industry today is going overboard with comedy. Reason; according to a film critic and trade analyst, “The audience wants to forget their tensions and worries. They want to laugh and thus want to go in for light and entertaining movies.” And the success of these has blurred the line between a comedian and hero as leading actors try outclass well known comedians at this  genre.  

Timing is vital to comedy. Add to that a witty, wacky script and brilliant direction and editing. But are film-makers not taking too much liberty under the name of selling comedy films which are replete with violence and vulgarity. No wonder none of the recent films come even close to Kundan Shah’s Jaane bhi do Yaaro, one of the best Hindi comedies ever made for its humor and sarcasm. It even delivered a social message -- that honesty alone isn’t enough to make a living in India. Another unforgettable comedy was Kamal Hasan’s Chachi 420, a complete family entertainer which was inspired from Mrs. Doubtfire, except for Priyadarshan’s Hera Pheri.

There is always some kind of hero worship that sustains these bandits as is the politics. In Tamil Nadu, the deadly mustached brigand, Veerappan, had a crime life spanning four decades. The toll: At least 120 people, 2,000 elephants, more than 88,000 pounds of ivory, and sandalwood worth millions of rupees. It was politics again that bred and helped the existence of this man whose was a law unto himself in three states. It cost the government some Rs 20 crore and several lives to finish him.

While Veerappan was the Robin Hood of Tamil Nadu, Man Singh was the Robin Hood of ravines of Chambal who is alleged to have committed 185 murders, 1,102 dacoities and claimed over Rs 50 lakh of booty. He was killed in 1955.

There was always an element of romance with this kind brigand life. Putlibai, the original bandit queen was actually a dusky dancer with eagle eyes when she was kidnapped by bandit Sultan in Dholpur. She became his mistress. Later when she suffered rape and humiliation at the hands of the police, India’s law abiding force, she joined the gang and rose to be No 2 position. She was gunned down in 1958 and later a film produced on the romantic love of this bandit queen earned the producers millions of rupees. 

The most popular of the bandits, Phoolan Devi, a poor hapless woman was a victim of circumstances. She was kidnapped and raped time and again and forced flee from her village and joined the robbers. She had her own gang and ruled the roost for long till under a political arrangement she surrounded in 1983 and joined the Samajwadi Party and was elected to Indian parliament from Mirzapur. Tragically she was shot in 2001 outside her residence in New Delhi. Once a havaldar from the 18 Rajputana Rifles, Madho Singh turned a dacoit in the Chambal region and had 71 cases of murder against him. He surrendered in 1972 and also enabled the surrender of 300 more dacoits.  

But the most cunning of them all and the master of disguise was Amritlal. He wanted to be a teacher but was addicted to sex and had 11 mistresses. He survived 23 years in the ravines until he was killed by a gang member in 1959. 

Ganga Singh Dhillon

Washington based Punjabi politician, Ganga Singh Dhillon for long has been in the thick of controversies. Many in public life and some in the media, wittingly or unwittingly, took him as a protagonist of Khalistan.  Controversy has chased him since 1981 when he addressed a meeting at the Guru Gobind Singh Bhawan in Chandigarh. His presidential address did not mention Khalistan, yet the label of Khalistani struck him for some valid reasons. He did enjoy that description for some years. He sharply assailed the Operation Blue Star and the role of politicians. He became persona non-granta in the country of his origin. Ever since then he had not been able to visit what he calls his beloved country and Punjab. 

Articulate and keeping his cultural and religious bonds intact, Dhillon who came to America way back in 1960 to eke out a good living and has helped scores of people to settle down in this rich land. He claims to have one passion to see that the gurdwaras in Pakistan, neglected by the government and the Alkali leaders alike, are restored to old glory.  

71-year-old Dhillon lives in Mount Vernon, Washington D.C and is a friend of many public men in India, Pakistan and America. He began his political life in Bassi Pathana (Fatehgarh Sahib) where he marked his innings as a leader of the Left trade unions and later shifted to Alkali politics and was considered close to Giani Kartar Singh. He answers some controversial questions in the course of an interview at his Washington house with Gobind Thukral.  Mr. Dhillon, ambivalent at times, interestingly   comes out in support of the Manmohan Singh Government.

Excerpts:

Q:  For long your name has come to be associated with the movement for Khalistan. Where did you stand earlier and what is your position now? 

A:  “Well it was a dead snake pushed around my neck. I have nowhere raised this demand. In 1981 when I presided over the convention at Guru Gobind Singh Bhawan in Chandigarh, my address spoke about the injustice to the Sikhs and Punjab by several governments in Delhi. I did not raise this demand either formally or informally. When some boys raised slogans for Khalistan during my speech, I clearly told them this was against the tradition of Sikhism and good citizens do not disrupt the meeting of others. Hold your own stage and invite me if you wish me to speak on the subject. I am clear about it. Your slogans are yours Tuhade nare tuhanu Mubarak hon. 

I would not denounce the demand lest others, who for selfish reasons have been raising it, accuse me of being a coward who compromised. I do not wish to be seen as that. But at the same time, I would not like to be seen as protagonist of Khalistan. I have been upholding the view that issues concerning Sikhs have not been properly addressed to and many wrongs have been done to them by the Congress governments. Some Akali leaders too have inflicted wounds. How could one think of Khalistan as a solution? Look at the geo political scene in the sub continent. How can you think of creating a theocratic state within the two power religious entities?” 

Q:  Why should one treat a complex area of political thought and geo politics from a purely religious point of view? Modern States are not simply theocratic entities. Why should the unity of India be jeopardized by such demands based on religion or on ethnicity? 

A:  I agree with this view. But religion has come to acquire an important role. Some people think that could be the basis for the formation of a state. Unity of India should be maintained but people should get justice.   

Q:  There has been lot of talk about your relationship with Pakistan. Why have you been frequently visiting that country?  

A:  I have a great many friends and I was born there. But the main purpose of my visits has been just one, to see that the gurdwaras, our holy shrines and heritage of Punjabis are properly maintained. I have been pursing this for 25 years now. Some friends like the past president Zia- ul- Haq and the present President Gen. Pervez Musharraf have understood the importance of maintaining the sanctity of these gurdwaras and thus helped. I would like to emphasize that my efforts have borne fruit and a new international level committee, comprising some prominent people has come up to oversee these shrines and look after them.   

I have repeatedly referred to the pitiable condition at the official and non-official level in Pakistan. These are not worn-out structures, crumbing down each day, but are better maintained now. These are not addas for ruffians as these had become but places of reverence and worship.  A few thousand Sikh families that live in Pakistan are now respected and they play a significant role in the community life Lahore or Peshawar or Nanakana sahib 

Better Sikh Muslim relations would help the process of peace and development between the two Punjabs and between India and Pakistan. Khalid Ranjha, a leading lawyer and former law minister and now a Senator who shared my views, has appreciated this by saying that Pakistan government and its leaders took 25 long years to understand the importance and have done well to establish the Pakistan Sikh Gurdwara Prabandhak committee.  

Q:  Any other agenda as it is stated in some responsible official quarters in India that you have been lobbying for some Pakistan leaders?

A:  I have absolutely no other agenda except what I have told you. I swear by Wahegurur. I do not have to shout from the housetop that my country is India, although I am an American citizen. I cannot think of harming my country.  Now many extremists and some opportunist Alkalis who have played havoc within Punjab are instigators to such propaganda. 

Q:  How do you see the new government in India? How would you see that a Sikh, Dr.Manmohan Singh is a prime minister of India and a Muslim, Dr.   Kalam as President? Is it just notional or do you see any deeper meaning? 

A:  Manmohan Singh’s ascension to power as India’s Prime Minister has evoked immense hopes.  While it is a matter of pride for most Sikhs all over the world, this has also raised a plethora of questions:  Is it a victory for India’s secularism?  Is it a new beginning where India’s minorities will be given their due rights?  Will Sardar Manmohan Singh become the sub-continent’s Nelson Mandela in not only healing the wounds of minorities within India but also bridging differences with Pakistan? Pessimists might think that Dr. Manmohan Singh is just a mascot to appease minorities who may continue to feel suppressed and excluded from the mainstream.  For optimists the sky may be the limit. 

Unfortunately, this may be true for some, particularly if they were identified with the dominant religion and the ruling party then led by Pandit Nehru.  But the situation is unlikely to change as long as Indian politics continue to be influenced by, like Siamese twins, religious prejudices of its dominant classes.

 Q:  It pleases you that a Sikh from just two per cent of India’s population is a prime minister. How   one characterizes this kind of approach?  

A:  Every situation offers different options. Finally everyone is going to count Dr. Manmohan Singh for his achievements.  When I applaud him being a prime minister, I am not communal. It is a great moment for the Sikhs and Punjabis too.

Q: How do you see the situation in Punjab and India?

A: I have been particularly sensitive to the mistreatment and persecution that Sikhs have experienced.  The Sikh leadership, the corrupt element among Akalis, has generally failed to rise to the occasion in defending the rights of their community and fulfilling their legitimate aspirations.   Nor have they shown any visionary leadership.  Except now glimmers of hope in the shape of a leader like Punjab CM Captain Amrinder Singh, the state of Sikh affairs in the last two decades has been, to say the least, dismal.  The most painful patch was the desecration of Darbar Sahib, Amritsar in 1984.  However, the victory of Congress and the stateswomanship shown by Sonia Gandhi in giving Dr. Manmohan Singh a chance to once again has resurrected hopes that had long been dead. 

Mrs. Gandhi deserves a heartfelt acclaim since she, after turning down the top post, chose Dr. Singh to run the world’s biggest democracy.  Thus Dr. Singh has the honor of being the first Sikh ever to become the Prime Minister of India.  More importantly, he has been not chosen because of his religion but because of his ability, wisdom and performance in turning around the Indian economy. 

Dr. Singh has already proved that Madame Gandhi’s decision was not wrong.  At the same time the positive role of the current coalition leadership, particularly legendary statesman comrade Harkishan Singh Surjeet, is admirable.  His move to slow down privatization of India’s public enterprises has mollified left wing coalition partners of the Congress.  It has also saved jobs for the millions who voted the party into power.

The Citizen President and his Rich Legacy
Gobind Thukral

Former Indian President K R Narayanan passed away at the age of 86 on November 8, 2005, leaving behind a rich legacy of statesmanship and personal warmth. He was a rare example of an honest dedicated public man.

Kocheril Raman Narayanan was a versatile person. A scholar, academician, diplomat, politician and finally as President of the Indian Republic from 1997 to 2001, his intellectual honesty and courage of convictions made him as an outstanding statesman. He was a unanimous choice for that high office as earlier as Vice President and made unique contribution to the dignity of these offices, from rubber stamps to elderly statesman like President, without playing small time politics, but by upholding the high principles. But above all this, he was a people’s President.

Failing health, his wife Usha Narayanan seriously ill and two married daughters busy with their own lives  and work, Mr Narayanan was all the time concerned about the poor, the deprived and the suffering people. Look what he wrote in response to the request from The Indian Express for its series, India Empowered, just three days before his serious final illness. “It is difficult to empower people unless we address the issues concerning equality and equality of opportunities for the vast masses of people who have to struggle for their daily existence. Empowerment thus means uplifting the unprivileged and making them partners and beneficiaries of nation building activities… Without morality and values, the empowered India would be devoid of depth and content. Today, when the whole world exclaims of India’s ability in diverse fields and hails its emergence as a major power in the economic and scientific arena, we need to introspect and ask ourselves if we have lived up to the ideals bequeathed to us by our freedom fighters and the founding fathers of our Constitution. An empowered India bereft of the respect for women, values of civilised existence and morality will collapse in the face of the disaffection and discontent of those who have suffered for centuries.” www.expressindia.com  November 10, 2005  These are no common place mundane worries.  

And, he aptly stated what he had stated as a minister, Vice President or President, “Day in and day out we take pride in claiming that India has a 5000-year-old civilization. But the way the Dalits and those suppressed are being treated by the people who wield power and authority speaks volumes for the degradation of our moral structure and civilized standards.”  

During an interview in January 2005 with me at his New Delhi residence, this 84 year old gentleman, in his frail frame had his deep commitments intact and talked a great about politics, communalism and the plight of the poor. Some comments were off the record and some on record.  I repeat his words as he eloquently summed his long years of public service. “Asked to define his essential concerns, Mr Narayanan wants the public discourse not to be only intense and healthy, but also directed towards the people’s welfare. “We should adhere to the Constitution and the rule of law and provide a real equality and opportunity. This is essential for an egalitarian society in the 21st century where India is bound to play great innings.”

www.thetribuneidna.com www.tribuneindia.com/2005/20050125/edit.htm

And the Tribune’s editor, H.K.Dua who shared the concerns and great respect for the late President mourned his departure. He wrote, “Once a leader reaches Rashtrapati Bhavan, it is easy to become aloof. This was not the case with Narayanan, whose humility and grace, despite reaching the highest status in the country, remained undiminished. His concern for the poor was uppermost in his mind and influenced his thought and whatever he could do as a President. The nation will always be proud of him.”

Narayanan left an inedible mark with his philosophical approach to the human problems whether as Vice-Chancellor of Jawaharlal Nehru University or as a Member of Parliament from Kerala or as a junior minister at the Centre. As   Vice-President or later as President, he was no textbook President. He did not mind expressing his own viewpoint on matters he considered too important to be left entirely to the prudence of the Cabinet. He often cautioned the government as often as no way he was a rubber-stamp President. Always fair minded and never partisan, he had the welfare of the people in mind.

The Hindu’s  editor N. Ram recorded  and telecast an interview with   Narayanan, first  time with any President  in  office remembered him , “President Narayanan made an original and far-going contribution to practice in a tricky area: prime ministerial appointment in the context of a hung Parliament. He rejected the notion that the single largest party or coalition necessarily had the first claim to office. In place of the mechanical approach adopted by his predecessors, he established principles and procedures that were transparent and based on sound constitutional reasoning. An acid test came towards the end of his presidency. Deeply disturbed by the genocidal pogrom in Gujarat, the first citizen characterised it as a "grave crisis of society and the nation." The burden of office prevented him from revealing more at the time. The explosive truth emerged later: in an interview given on the third anniversary of the pogrom, he suggested a conspiracy involving the State and Central governments. He also spoke of his unanswered letter to Prime Minister Vajpayee seeking immediate deployment of the Army. History will remember Citizen Narayanan as one who heroically, through sheer merit and hard work, rose to the highest position in the Republic, but never forgot his origins and always stood with the people.” http://www.thehindu.com/2005/11/10/stories/2005111005821000.htm

It was tough life from childhood as he had to t walk miles to reach his school and there too he was often punished for his inability for the school fee on time. When he finally topped the postgraduate class in English from Tranvancore and denied his rightful selection to the post of lecturer, he refused to accept his degree. Rare in India where university degrees are sold to undeserving students.   Later he earned his degree at the London School of Economics and had stint as a journalist when he interviewed Mahatma Gandhi. “That was a great moment in my life and there was difficulty in getting my paper to publish that interview,” he recalled to me early this year.

There were several names before prime minister P V Narasimha Rao who got the ruling Congress chose him as Vice President in 1992.  Post-Mandal politics demanded   a Dalit as vice president or president. There were other names, B Shankaranand was his lifelong friend, and Margatham Chandrasekhar had been a senior minister in the government.  Long time back his teacher at the LSE, Harold Laski had recommended him to Jawaharlal Nehru and Narayanan on his return from England joined the Foreign Service in 1949.  He rose to become finally India’s ambassador to China, Russia and America and in tough circumstances.

In 1997 Narayanan became President. For him, the role of “custodian of the Constitution” was a challenge.  He stood like a rock in the way of a change in the Constitution which the NDA desperately wanted.  An exercise to review the Constitution and at that time various ideas such as indirect elections and presidential system were being seriously considered. He vehemently and tactfully opposed NDA’s preoccupation with “political stability”. In all his addresses to the nation, he kept reminding the country to listen to those whose voices are not heard, the poor and the disenfranchised.

As President Narayanan never shied from sending back files to the government when he disagreed with a decision because he saw it as being outside the realm of constitutionality. The most famous case was of the dissolution of the UP Assembly in 1997 when I K Gujral was Prime Minister. Mulayam Singh Yadav urged for the dissolution of the UP assembly. The United Front Government recommended it; the President sent the file back for reconsideration. The Cabinet that met for over 20 hour, the longest in independent India’s history and it finally decided to abide by Narayanan’s advice. President proved that sanity could prevail and he won appreciation for that.

In the final months of his term, he was very sad with the violence in Gujarat following Godhra train burning, and he wrote to then PM Atal Bihari Vajpayee, though the correspondence is yet to be made public.  He spoke about this anguish when I met him and yet did not want this to be publicized. For him the state was not only dithering, but colluding in the massacre of Muslims.

He was much misunderstood and criticised for recommending that the judiciary, too, should reflect the social mix of society, a recommendation that was then twisted by certain sections of the media and politicians as meaning that he was for reservations in the highest court. It hurt him and he had no kind words for those, particularly the mainstream media.

Vinod Anand

YOUR southasiapost.org offers good reading material, particularly for the diaspora in Canada. While there is good analysis of the situation in India  as are  other well written articles, we need more on Canada and of course on Punjab.

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Haifax, Canada

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Goyle Clinic, Wichita, KS United States

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