Mullaperiyar- Why hype?

Kerala endures all injustice, because the people of Kerala always give much more than what they take. The state is not a land of plenty, but when it comes to hospitality, it ranks Number one. Mullaperiyar issue has been made psychological and sensational by our neighbouring state of Tamilnadu. For no reason. The Dam is a masonary gravity dam over Periyar River and its tributary Mullayar. The River does not take a detour of Tamilnadu, hence it does not have riparian rights. The northererly arm of this man-made water body, water is diverted through a deep cutting about a mile, and then through a tunnel 5704 ft in length and later through another cutting on the other side of the Water bed and into a natural ravine and so onto the Vaigai River. Tamilnadu uses this water for irrigation of Theni, Madurai, Sivaganga, Ramanathapuram districts and also for Power generation. When the British ruled the Madras Presidency, they exerted undue pressure for 24 years before the Maharaja of Travancore signed a Lease Indenture on 29 Oct 1886 for 999 years with the Madras Presidency the right over the waters of Mullaperiyar and its catchment basin for a paltry sum. The generous Government of Kerala signed another agreement in 1970. Kerala had the highest density of population and the areas downstream of Mullaperiyar became heavily populated because of the acute scarcity of land. Tamilnadu increased its withdrawal, increased its demand, and brought in new areas under irrigation. There have been cracks, seepages, and repeated earthquakes in the area, making people vulnerable to the fear of a catastrophe. The dam was constructed more than a century ago, and the dam that controls water is no position to hold on the water. Any catastrophe would create heavy dent on the lives of the people. There are few precautions in place to run to cover because of the dense and malarial jungle. Even though Dr Abdul Kalam, India’s former President and a honest and sincere Scientist saying that there are multiple dangers if the nuclear plant is established and all political parties in chorous demand its scrapping. What is the anticipated danger in the nuclear plant? In Japan, it was tornado that caused destruction and not the plant inter se. Why is alarm bells rung when there is no alarm. Jayalalita, Chief Minister and Vaiko, and the one man party Subramanya Swami, have been claiming that there is no seepage in the dam, and Kerala is getting hysterical only to create empathy. Will they articulate this in the form of affidavit and agree to take responsibility if any untoward happened? Kerala has no Jayalalita, nor Vaiko, nor the flamboyant Subramanya Swami. But they want good neighborly relations with Tamilnadu. They will always provide Tamilnadu, water that has been agreed. Kerala always honours agreements. The construction of the new dam suggested is in the present circumstances, precautions cannot be in-built. But if we are structuring a new dam, disaster management would be inbuilt. Kerala has no other motive other than this. This issue is not to be debated on a Political plank but in a responsible forum.

Immortal Mohammed Ibrahim- Past Cricketer

In the death of Shri T A Mohamed Ibrahim, Kerala had lost one of the outstanding cricketers who donned the cap for the Kerala Ranji Team. His Ranji debut began in the season 1967-68. A product of the St Joseph’s High School, Trivandrum, Ibrahim began his career in Cricket via the Kerala School team, proving his mettle as an indemonstrable all-rounder. He has claimed hat-trick many a time, during his school days. His highest individual score was 237 runs in 150 minutes. In the same match he claimed 10 wickets for 15 runs including a hat-trick. He was a left hander, who could bowl controlled fast bowling and introducing cutters which were his strong points as an opening bowler. He was coached by A R Bhupathy in his formative Years. He played regularly in the Shastri trophy Cricket tourney organized by the Cochin Cricket Club of which I was the President. He played a cavalier knock for his team by hitting 74 (against Mahindra & Mahindra Sports Club which had test players playing at that time) in the Parade Grounds during 1965. I have known him intimately, and his prowess for the Kerala team came at a time when Cricket had different dimension. If he were to play Cricket today, I am sure, he would have been a dominant player in the Indian Cricket team. The Kerala team of his days had poor reputation. Yet his play, and the coveted glory that brought him, will be a standing testimony of the Cricket of the 60s, when Tripunithura Cricket Club, Swantons, Cochin Cricket Club, Ernakulam Cricket Club, Cannanore Cricket Club, Trivandrum Cricket Club existed. We had to take collections to conduct the tournament. In those days, Ernakulam District Cricket Association was headed by Shri V R Krishna Iyer, then a leading advocate. His late wife, Smt Sharada Krishna Iyer was a great cricket fan and a patron to all of us. As we migrated to greener pastures, I lost touch with Kerala and its Cricketing fraternity. Mohammed Ibrahim was one of them. Mohammed Ibrahim is no more. But his contribution to Cricket, in those days when it was least popular in Kerala, remains immortal. May his soul rest in eternal peace.

Panchavadhyam,Kerala's unique orchestra

Panchavadyam, literally meaning an orchestra of five instruments, is basically a temple art form that has evolved in Kerala. Of the five instruments, four -- timila, maddalam, ilathalam and idakka -- belong to the percussion category, while the fifth one, kombu, is a wind instrument. Much like any chenda melam, panchavadyam too is characterised by a pyramid-like rhythmic structure—with a constantly increasing tempo coupled with a proportional decrease in the number of beats in cycles. However, in contrast to a chenda melam, panchavadyam uses different instruments (though ilathalam and kompu are common to both), is not related very closely to any temple ritual and, most importantly, permits a lot of personal improvisation while filling up the rhythmic beats on the timila, maddalam and idakka. Panchavadyam bases itself on the 14-beat adanta (also spelt atanta) thaalam (taal), but amusingly sticks to the pattern of the eight-beat chempata thaalam—at least until its last parts. Its pendulum beats in the first stage total 1,792, and halves itself with each stage, making it 896 in the second, 448 in the third, 224 in the fourth and 112 in the fifth. After this, panchavadyam has a relatively loose second half with as many stages, the pendulum beats of which would now scale down to 56, 28, 14, 7 and three-and-a-half. Whether panchavadyam is originally a feudal art is still a matter of debate among scholars, but its elaborate form in vogue today came into existence in the 1930s. It was primarily the brainchild of late maddalam artistes Venkichan Swami (Thiruvillwamala Venkateswara Iyer) and his disciple Madhava Warrier in association with late timila masters Annamanada Achutha Marar and Chengamanad Sekhara Kurup besides, subsequently, by the late idakka master Pattirath Sankara Marar. They together dug space for a stronger foundation (the Pathikaalam), thus making pachavadyam a five-stage (kaalam) concert with an intelligent mixture of both composed and improvised parts. Spanning about two hours, it has several phrases where each set of the instruments complement the others in a manner that is more like harmony in the Western orchestra than the concept of melody in India. Much like in Panchari and other kinds of chenda melam, panchavadyam too has its artistes lined up in two oval-shaped halves, facing each other. However, unlike any classical chenda melam, panchavadyam seemingly gains pace in the early stages itself, thereby tending to sound more casual and breezy right from its start, beginning after three lengthy, stylized blows on the conch (shankhu). A panchavadyam is anchored and led by the timila artist at the centre of his band of instrumentalists, behind who line up the ilathalam players. Opposite to them stand the maddalam players in a row, and behind them are the kompu players. Idakka players, usually totaling two, stand on both sides of the aisle separating the timila and maddalam line-up. A major panchavadyam will have artistes totaling around 60. Panchavadyam is still largely a temple art, but it has come out of its precincts to be seen performed also during non-religious occasions like cultural pagentry and according welcome to VIPs. There are several central and northern Kerala temples that have been traditionally playing host to major pachavadyam performances. Prominent festivals featuring them are Thrissur Pooram (its renowned Panchavadyam event is known as 'Madhathil Varavu'), Kaladi Panchavadyam ulsavam, , Tripunithura Sree Poornathrayeesa Aarattu, Tripunithura Thamaramkulangara Makaravilakku, Thiruvona Mahotsavam at Sree Vamanamoorthy Temple Thrikkakara , temples in places like Chottanikkara, Odakkali, Vaikom,Ambalapuzha, Perumbavur, Pazhur, Ramamangalam, Nayathodu, Chengamanad, Chennamangalam, Irinjalakuda, Thiruvillwamala, Pallassena, Pallavoor and several renowned temples in Malabar ,Central Kerala and South Kerala.

Sopana Sangeeta Nadhamo...

Kerala is a land and abode of Temples, Festivals. The festivals attached to temples have many fanfares including many plays of musical instruments which are specific to Kerala. One such musical instrument which is used when the nada (God’s abode) is closed for pooja and the opening is often with a mangalaharti. To the beating of chanda, the God receives the arti. This is a practice followed in most of the temples in Kerala. Sopanam literally means the place surrounding the sanctum-sanctorum of a Temple in Sanskrit. This strain of music is regarded as the sole Classical Music strain native to Kerala. Some unique features of this strain of music. It is a Music that proceeds slowly in ascending and descending order of its raga swaras. During ragalapana (recital of raga), the artist treats every note of a raga as its nila (base) and proceeds to the immediate successor note and returns to the starting note to proceed to the next note thus continuing always returning to the starting note. The alapana is slow and tala (beat) bound, and is set to he beats of edakka (a percussion instrument made of skin), and elathalam (small cymbals), at different speeds with various koorus (permutations) signifying different stages of its exposition. It is marked by a tremor in music, even when straight notes are used (This is true of most of the ancient systems of music.) The singer usually selects a note as Sthaeebhavam or the overriding emotion of the raga, and uses supporting swaras to create a Bhavam or emotion, and the succeeding notes that do not support it are skipped over. This usually results in either the first half or the second half becoming prominent. It uses Margitalams (a type of beats) which were in vogue before the advent of more modern desi talams (a more modern variety of beats 35 in number). More than fifty instruments can accompany Sopana Sangeetham of which the important ones are chenda (Percussion), edakka (Percussion), chengila (type of cymbals), ilathalam (type of cymbals), maddalam (Percussion), kuzhithalam(type of cymbals), thimila, mantuni, maram, kompu(wind), kuzhal(wind), villu, and shanku(wind).

Solution to the vexed problem of Lokpal Bill

A political storm is brewing over the Country, may be rightly, on the massive Corruption issue. The cancer of Corruption has permeated into ever branch of governance-Political class, bureaucracy, Judiciary.

Lack of statesmanship and absence of a political leader of stature has driven the country to the brink of people’s lack of confidence on the governance.

Let me not go cynical. All that has been happening since August 16th have been well documented and repeated, for a further repetition here.

Government constituted a drafting Committee consisting of nominees of Shri Anna Hazare. It was not truly representative in character. To set up a drafting Committee with one set of civil society members was a Himalayan blunder. A Committee of 21 persons who have knowledge, ability, made has made the drafting Committee representative in character. This was not done. So government’s new experiment to frame laws with a few people whoever they may be, has resulted in distortions. Secondly, Government ignored the political class on the whole. This was an inept handling of a situation when Government should have tried for consensus.

The present draft of the Civil Society headed by Shri Anna Hazaraji is the draft written and compiled by the Bushan father and son. They have bias, as they are fighting many cases including Public Interest Litigations. Hence the clauses introduced by them will definitely show their subjective outlook on the Law as they see it.

The arrest of Shri Anna Hazareji as ‘Preventive detention’ boomeranged on the Government. The miscalculation or wrong mathematics of equating Shri Anna Hazare with Swami Ramdas took the wind out of the sails when the public rallied around Shri Anna Hazare. This miscalculation made Government loose the battle. All agitations grow out of a strong mind set of one or two intellectuals in the movement who articulate the strategy and act as inventors of the theory of agitation and its issues. This was not rightly assessed by the Government.

Coming back to the Jan Lokpal Bill, the gamble took by Anna Hazare paid off, because people wanted to express their dissatisfaction over massive corruption and the government’s inability to tackle it by citing Coalition dharma, inability to dismiss the Government because of Bommai Case, Political vote bank, partisan support of corrupt people by the ruling masters, etc. Indian democracy has become so corrupt and criminalized that it was endangering the constitutional systems. When all was unwell in the economy, salaries and perquisites of parliamentarians were raised. Political Reform should have been ushered so that people would have felt safe and secure against the economic ills affecting the country as world economy was reeling down.

The anger of people across the Country was so instantaneous and spontaneous that when Hazareji was arrested, there was large outpouring of support which has led to the present stalemate. After all this venture and adventure, Government wants to initiate dialogue with Anna Hazare Team. But, to negotiate with a stubborn Anna Hazare who is supported by the mass of people all over the Country and abroad, would not be easy for the Government given the weakness will of the present day Government.

One Scam (2G) amounted to the Foreign Reserves that RBI had placed in American Treasury Bonds, equivalent to Rs 1, 81 lakh Cr. The magnitude of the scam is mind boggling. CWG, items were never purchased and never available physically were paid for. There are more than 100 bills pending for payment. How did the PM increase the CWG budget many many times than was intended? What was the provocation and reason for this enlargement of the budget? Was it not undemocratic? . Was it Right of discretion? Why blame Comptroller and Auditor General for doing his duty of pointing this out?

Government, did they have sincerity or common agenda when they engaged the civil society in the drafting process of the Lok Pal Bill. From day one, they were hitting out at each other like cats and dogs. The contentious issues between Government representatives on the Lokpal drafting Committee narrowed down to two- one, bringing the Prime minister under the ambit of the Lokpal Bill and secondly, bringing the judiciary under Lokpal.

India has a written Constitution. The preamble of the Constitution says, “We, the people of India, have given unto ourselves this Constitution”. The present Indian Constitution was drafted by the Indian people, and the Constitution was given by the People to the Country. So this Constitution expresses the supremacy of the People over every thing. Fundamental Rights are absolute Rights enshrined in Chapter III of the Constitution. They are absolute Rights which cannot be revoked by Government at all under exceptional circumstances narrated in Article 356. (Keshavananda Bharati Vs State of Kerala, Golaknath Case). The Supreme Court has made it clear that the Basic structure of the Constitution cannot be amended, altered. If a Hon’ble Minister believes that Fundamental Rights are not absolute Rights, then he need to go in for a Refresher Course.

Constitution has the theory of separation of Powers. There are three Chambers which are given descriptive Powers. The Judiciary namely the Supreme Court has the power of original jurisdiction, appellate jurisdiction, absorbed jurisdiction, suo moto Power to initiate a case against anybody, transfer the jurisdiction of the case, initiate contempt proceedings against it, etc. The Power of the Judiciary to adjudicate cases between Union and States, States and States, etc are infallible rights expressed in ambiguous terms. Now, the Jan Lokpal Bill prescribes that the Judiciary be brought under its ambit by legislation in Parliament. Can the Legislature, including Indian parliament and Union of States take away the power of Courts, which form part and parcel of the Theory of Separation of Powers by the legislative power conferred on Parliament by the Constitution? Parliament by enactment, gets into prohibited theory of basic structure, and any bill if passed will the struck off ultra vires by the Courts/Court. The Jan Lokpal Bill has been empowered to punish the corrupt (Prosecution) on the basis of its own investigation, but where is the provision for appeal against the finding of the Jan Lokpal Act. If a Judge is convicted by Jan Lokpal Act, does he have a redress to go to Supreme Court. No. This is fundamentally against the ‘Rule of Law’ dictum and Parliament has no power to power of Punishment of anybody without his right to appeal to the Supreme Court which will decide the bonafide or malafide of the Lokpal Punishment. Judiciary has a right to accept an appeal under the Indian Constitution against any punishment awarded, any decision made by anybody including the President of India, and this Right of Appeal, cannot be taken away by the legislature by moving a Bill when passed becomes an Act.

Second, the inclusion of the Prime Minister in the Bill. He is the executive Head of the State. The Courts have decided in a Judgement (Supreme Court), that there shall always be a Council of Ministers to advice the President. President can go by the advice rendered by the Council of Ministers headed by the Prime Minister. The only condition that is imposed by the Constitution is that he shall command the majority of the House. Theory of convenience does not make a Law defective which has been enacted under the advice of a Prime Minister who is adjudged guilty of election misconduct(adduced Supreme Court in Indira Gandhi Vs Raj Narain)(Justice V R Krishna Iyer who gave the judgement and Mr Shanti Bushan who argued for Raj Narayanan is one of the authors of the Jan lokpal Bill are alive and can be contacted) There is no provision in the Constitution which makes the Prime Minister holding office to be punished until the end of his term; and he enjoys immunity

Moderates and Radicals in the Civil Society are right in demanding a tough Lokpal Bill. Government need to lend its ears to the voice of the People. Government, has one pretext or the other postponed introducing the Bill in Parliament and it can flaunt no excuse to delay its introduction and promise a time bound action plan to pass the Bill and make it an enactment.

A stubborn Government which is not willing to listen to the People and claim sovereignty under the Constitution is doing a great harm to democracy. Any willful undermining of the People of this Country will not bear well for the future of the Nation. Government should come to agreement with Shri Anna Hazare and his team, and make an enabling environment for the smooth passage of the Lokpal Bill.