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Resuscitating Urdu |
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Reforming the Bar
Profile
On Record
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Resuscitating Urdu Practically, all noted linguists agree that Urdu is very much an Indian language, which was born, developed and flourished in this country. The Concise Oxford Dictionary defines Urdu as an Indian language closely related to Hindi. The origin of this word is from Persian Zabane Urdu (Language of the Camp) because it developed as a lingua franca after the Muslim invasions between occupying armies and the people of Delhi, Urdu being from Turki Urdu (Horde). For about two centuries, this language served as a medium of expression of our composite Ganga-Jamni culture. Beautiful translations of our epics like Ramayana, Mahabharata and the sacred texts like Geeta are available in this rich language. Sikh sacred texts like Japuji Sahib and Sukhmani Sahib have also been rendered into beautiful Urdu verse by Khwaja Dil Mohammed. These literary endeavours (which are indeed labour of love) authentically testify to the secular nature of this language. Contributions of Hindus and Sikhs to Urdu literature has been quite significant. Munshi Prem Chand Rattan Lal Sharsher, Chakbast, Firak, Rajinder Singh Bedi, Kali Das Gupta “Raza” being only a few among many others. On a recent visit to Pakistan, this writer was pleasantly surprised to learn that commentary on Dewan-e-Ghalib authored by Labhu Ram, Josh Malsiani is accepted as a most authentic commentary on this great monument of this immortal Urdu poetry. It is widely published, taught and read in the universities and colleges of Pakistan, albeit the name of author on the cover is printed as Josh Malsaini (omitting ‘Labhu Ram’ for obvious reasons). As noted by Justice Katju, Urdu is the heart throb of the people of India which enjoys immense popularity of the Mushairas and Urdu film songs even after 60 years of banishment of this language. Lata Mangeshkar, who has rendered hundreds of Urdu ghazals and geets in her mellifluous and golden voice, has rightly been called the front-rank populariser and propagator of this beautiful language. The contribution of Urdu press to the freedom struggle has been second to none. Shoulder to shoulder with The Tribune, Urdu dailies like Milap, Partap, Veer Bharat, Tej and Prabhat were in the front rank to give voice and direction to the freedom struggle. In view of such a significant contribution, who can doubt the patriotism and nationalism of this great language? Rght up to 1947 and even for a few years after that, Urdu was the official and court language in Punjab (present truncated Punjab, Haryana and parts of Himachal Pradesh). Almost the entire pre-partition land revenue record is in this language. This language has left a permanent imprint on the vocabulary being used in the courts and offices in Punjab, Haryana and Himachal Pradesh even up to this day. Therefore, the importance of this language cannot be over-emphasised. In fact, at one time before 1947, it was being called the Esperanto of India. Fortunately, due to the foresight of Pandit Jawaharlal Nehru, Urdu is still one of the official languages of this democratic republic recognised by the Constitution. However, it is gasping for breath and needs measures for its resuscitation. The importance of this language cannot be over-emphasised. It is the medium of instruction in the courts and official language in Jammu and Kashmir. It is in the vital interest of this country that strong cultural and linguistic ties with Jammu and Kashmir be maintained and further strengthened. Good knowledge of Urdu can be of vital help for this purpose. This point deserves close consideration by the Government of India and state governments. Pakistan is not our permanent enemy. It would be in the interest of this country and this region that amity is restored between the two great nations of South Asia. Therefore, for a proper understanding of the culture and ethos of the Pakistani people and our effective communication with them Urdu can be a useful medium. For that matter, Urdu is understood in Afghanistan, the Central Asian Republics and Middle East, in the age of globalisation, knowledge of Urdu can assist Indians in communicating with these nationalities, especially when India is staking claim to be an emerging super power. One of the remarks made by Justice Katju is that one should not be too rigid about the script. Possible suggestion appears to be that Devnagari script may be adopted for Urdu. In fact, one school of Hindi scholars and men of letters have already suggested that the entire corpus of Urdu literature may be adopted/adapted as part of Hindu literature. The suggestion appears to be pragmatic. But one wonders whether Urdu will survive after divorcing its script. It is laudable that at the Centre of Indian Languages in Jawaharlal Nehru University, New Delhi, Persian script is being taught to the students of Hindi and Devnagari script to the students of Urdu compulsorily. Similar steps can be adopted in the colleges and universities of Punjab. Under-graduate students of Punjabi and Hindi languages should be imparted skills at least to read and write Urdu in Persian sceipt. At the post graduate levels of these languages, a compulsory paper in Urdu can be prescribed for taking Master’s degree. This would broaden the mental horizon of the post-graduate students of these languages because in essence, the literature of all the three languages—Hindi, Punjabi and Urdu—has a common pedigree. Almost the entire pre-1947 land records of the Revenue Department in Punjab, Haryana and Himachal Pradesh is in Urdu. For want of adequate knowledge of this language by the Patwaris and Revenue Officers of the present generation, the condition of maintenance of land revenue record in these states has deteriorated. Therefore, the officials of this departments need to be encouraged to acquire skills in Urdu language which would be quite useful and helpful to them in the discharge of their official duties. They would feel encouraged in this direction if they are given one or two special increments for acquiring knowledge in this language. Similarly, the Punjabi and Hindi teachers in Punjab, especially at the college and university level may be encouraged to learn Urdu, which would result in their better performance in teaching these languages. These and such other modest measures may help re-establish and sustain some link of the future generations with Urdu, which at one time was the lingua franca of this country. Complete break with the past in not conducive to the cultural development of a
nation. The writer is a former District and Sessions Judge, Chandigarh
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— Mukesh Ambani, industrialist — West Bengal CM Buddhadeb Bhattacharjee The Chief Minister’s view is not shared by the CPM. Workers resort to strike only when their just claims are denied by their employers. The right to strike exists even in the US and France. — Biman Bose, Secretary, CPM’s
West Bengal unit I don’t think Mr Bhattacharjee expressed such an opinion. He is wrong, if he has said so. — Kerala Chief Minister
V.S. Achuthanandan — Barack Obama accepting the Democratic Party nomination as US Presidential candidate No way, no how, no McCain. Barack Obama is my candidate. And he must be our President. — US Senator Hillary Clinton — AIADMK Chief
Jayalalithaa on
Chiranjeevi Dreams are not those you get while sleeping. Dreams are those that don’t let you sleep. — Akhil Kumar, pugilist at the
Beijing Olympics — Waheeda Rahman
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Reforming the Bar
THE Bar and the Bench are two sides of the justice delivery system. Both should function properly for effective administration of justice. Over the years, though initiatives have been taken on judicial reforms, the vital issue of reforming the legal profession has been neglected. According to the Global Corruption Report, 2007, by Transparency International, over 70 per cent of corruption prevalent in Indian judiciary is lawyer-driven. Thus, without reforming the Bar, there can be no meaningful reforms. There is a need to revamp the system of legal education. The Advocates’ Act, 1961, which governs the legal profession in India, grants the Bar Council of India (BCI) the exclusive role and powers to promote legal education and to lay down minimum standards required for entry into the Bar. Earlier, the law colleges were supposed to produce law graduates only for entry into the Bar. Today, as many law graduates are joining the corporate and other sectors, the time has come for the BCI to review its role in legal education. The BCI should only deal with legal education pertaining to the entry into the Bar. Unfortunately, the standard of legal education in most of our law colleges is poor. True, we have National Law Schools with good infrastructure and state-of-the-art technology, trained faculty and lucrative placement avenues for students. However, the plight of students in 700-odd law colleges in the country is miserable. We can’t afford to have innumerable law colleges without improving the quality of legal education. The Law Commission, in its 184th Report on Legal Education (2002), said that setting up of a few “star colleges” is not enough, as primarily they are the traditional law colleges which mostly send law graduates to the Bar. The present system of three-year and five-year law degree courses needs a close look. The last one year and two-years of the course respectively should be devoted to learning and acquiring skills only in such subjects or areas in which the student wants to make a career. This would help produce Specialist Advocates rather than Generalist Advocates. If a student aspires to be a litigant or practicing advocate, he should be provided a pre-enrolment training under the BCI’s aegis during this period after which the Bar examinations should be conducted by the BCI for screening and selecting only brilliant and competent students to the Bar. Those unable to qualify in the Bar examinations should be allowed to continue as in-house counsels. Such a system was in force till 1973 under the Advocates’ Act but was repealed thereafter. It needs to be restored to improve the quality of Bar. The Law Commission has recommended this. The BCI ought to set up national and state legal academies on the pattern of judicial academies to provide short-term refresher courses for practicing advocates on the latest developments in law. Equally important is the question of re-evaluating and enforcing the code of conduct for the legal fraternity. Though the BCI has framed such a code, the problem lies in its effective implementation. The code needs periodic revision to meet contemporary requirements. The mechanism for strict compliance should be made stringent and result-oriented. A distinctive vigilance wing with adequate number of sleuths can help check the activities of corrupt and notorious advocates. A proposal is also mulled for inclusion of retired members from the higher judiciary and distinguished members from civil society in the composition of the Bar Councils. In addition to the role of regulator and watchdog over legal profession, these should also also discharge the functions of quasi-judicial bodies deciding complaints of (gross) misconduct against erring and rapacious members of legal fraternity. Though under Section 34 of the Advocates’ Act, the High Courts have the power to make rules regarding permitting advocates to practice before the High Court and courts subordinate thereto, no rules have yet been implemented till date. The Madras High Court, which attempted to lay down such rules in July 2004, met with vociferous protests by the legal fraternity across the state and subsequently these had to be withdrawn. The Bar Councils feel that only their disciplinary committee is empowered to take erring advocates to task. When the Delhi High Court has barred senior advocates R.K. Anand and I.U Khan from practicing for four months owing to interference and obstruction of justice and for criminal contempt of court in the NDTV BMW expose case, the Bar Councils reacted sharply. They also cited a 1998 Supreme Court ruling. Nonetheless, the NDTV expose, which revealed an unhealthy nexus between the prosecution and the defence counsels, depicts the extent of erosion of moral and ethical values in the legal profession. Nowadays, instances are common when advocates associations’ across the country suspend work after confronting with policemen or members of the judiciary. The ultimate sufferers are the hapless litigants. Though the Supreme Court has ruled in Harish Uppal vs Union of India (2002) that advocates have no right to go on strike, advocates flout this with impunity. The apex court’s suggestion for district, state, national redressal committees comprising members from both the Bar and the Bench to sort out possible disputes needs to be implemented. The All India Conference of Bar Councils in Kochi (2007) resolved to amend the Advocates’ Act to fix the upper age limit for enrolment at 40 years, introduce mandatory six-month pre-enrolment training for law graduates before granting license to practice and periodic renewal of enrolment or re-registration every five years. Though the BCI had earlier made suitable amendments in its rules to incorporate the aforesaid provisions, the Supreme Court quashed them on the ground that these cannot be done unless Parliament made necessary amendments to the Advocates’ Act. It is time the Advocates’ Act was reviewed thoroughly to meet the present-day needs and challenges. Setting up of an expert committee on the lines of the All India Bar Committee (1953) brooks no delay. Needless to say, the nominees of the Bar ought to be prominently included in it. As the millennium pledge envisaged by the BCI endeavours to strive for maintenance of highest standards of professional ethics, advancement of legal profession and service to humanity, it is time to initiate wide-ranging reforms in the legal profession. Surely, this won’t be possible without the active and whole-hearted support of the Bar.
The writer is an Advocate of the Punjab and Haryana High Court
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Profile However, Soren, who leads the Jharkhand Mukti Morcha (JMM), has weathered many storms in his turbulent career. He remained undeterred. He has started his second innings as Chief Minister of Jharkhand with the blessings of Sonia Gandhi and RJD Chief Lalu Prasad Yadav. His first term as Chief Minister lasted barely nine days — from March 2, 2005 to March 11 — when he failed to prove his majority in the House and had to resign. As a politician and MP (Lok Sabha), he hit the headlines in 1993 when his party voted in favour of the then Congress government of P.V. Narasimha Rao. Soren was accused of taking a bribe for the vote. In what came to be known as the JMM bribery case, four MPs of the party, including Soren, were sent to jail. Soren was later acquitted but got involved in a disproportionate assets case. Trouble brewed afresh for Soren, when a fast track court in Jamtara district issued an arrest warrant against him for his alleged involvement in the killing of 10 people in Chirudih village in 1975. In all, 69 people, including Soren, were accused in the case in which a tribal mob allegedly led by him attacked the Muslim-dominated village as part of a campaign to drive away “outsiders”. A warrant was issued against him in 1986, but it was never implemented. Soren began his career by campaigning against moneylenders and he was venerated by the tribals of Santhal Pargana. His initial days were spent in jungles, fighting the cause of poverty-stricken people. With the passage of time, he became a politician and took over charge of the JMM from Nirmal Mahto, the party’s founder. In the early nineties, he had a strong base among tribals, particularly the Mahtos. His credibility has taken a blow also because he is known to change sides. He had flirted with both the Rashtriya Janata Dal (RJD) and the Bharatiya Janata Party (BJP) at different times. Before the creation of Jharkhand in 2000, he backed the BJP as the party had assured that he would be made chief minister after the formation of the state. When the BJP backtracked, he joined hands with the RJD. He became Union Minister for Coal in the Manmohan Singh Governnment. Though he has taken over as the Jharkhand Chief Minister for the second term, his career graph shows he has always been a rebel and not the one to give up. The rebellion in him was ignited when at the instigation of a moneylender, his father, Shobaran Soren, was murdered. A young tribal lad as Soren was at that time could not bear the loss. He vowed to get his region freed of the “tyrants” and initially his slogan was Jharkhand ko soshan se mukti doo (free Jharkhand from exploiters). Subsequently, the movement led to the birth of the JMM and Soren became its torchbearer. Shibu Soren organised mining workers, Dalits and backward classes under one banner and posed a challenge to the mafia. He came to be known as “jungle leader” and “tribal crusader”. With the murder of Soren’s father, the struggle gathered further momentum. Since then, the son had only one-point mission — to get a separate state of Jharkhand.
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On Record The Congress-led coalition government crumbled on June 28 after the PDP pulled out over the land transfer to Shri Amarnath Shrine Board (SASB). The withdrawal came two days ahead of the June 30 deadline the PDP had set for Chief Minister Ghulam Nabi Azad to revoke the controversial order. Mehbooba defended the party, saying it could not abandon the Kashmiris who were suffering in the wake of violence that erupted over land transfer. But now, Mehbooba adds that Azad, confident of the National Conference’s support in the Valley, wanted the PDP out and forced its exit. While Mr Azad continues to blame the PDP for plunging the state into crisis over the transfer, which, he says, PDP’s ministers initiated, Mehbooba denies the charge. She says, in an interview to The Sunday Tribune, that her party opposed the transfer thrice, but admits her ministers should not have agreed to Azad on the issue. Excerpts: Q: Mr Azad says the PDP initiated the land transfer and later disowned it. Why? A: How could we have initiated a transfer that our patron and the then chief minister Mufti Mohd Sayeed had revoked in 2005 in the interest of peace and ecological preservation in the Valley? Mufti sahib was sure he would not take any controversial decision at a time when the Valley was barely returning to normalcy, which we had worked hard to earn. Q: But your law minister has agreed to the transfer under a deal with Azad, who otherwise threatened to block the Mughal Road project. Your forest minister also defended the transfer. A: That’s right. We wish our ministers had informed us of the developments. They could not understand Mufti Mohd Sayeed’s vision behind the revocation of land transfer to the board. Baig should not have agreed to Azad. The order surprised us. Q: Didn’t you know withdrawal of support would potentially damage peace? A: The situation had become too volatile for us to hold back. Moreover, we knew Azad would not revoke the transfer orders while we were around. Sure of NC support, he wanted us out. On June 28, he told Baig that he wanted 12 days to sell the idea that the government would facilitate the yatris. We couldn’t have waited that long given the surge in violence. Azad revoked the order as soon as we went. Q: What caused the tension and to whose advantage? A: It all happened because of former Governor S.K. Sinha and Azad. Sinha made the shrine board a commercial outfit and spawned anti-Kashmiri feelings. He wanted an extension and Azad was working for it. In exchange Azad got the transfer, hoping he would consolidate his position in Jammu. Sadly, he kept behaving like an election manager for the Congress, and failed as the chief minister. Why else would he underestimate reactions in the Valley? Moreover, he followed Sinha’s RSS agenda instead of the UPA’s policy of healing touch.. No one has gained from this situation, not even the NC. But yes, the Congress has become the most hated party in Kashmir’s Muslim areas; we share the same fate now in Jammu’s Hindu belt. Q: What about separatists? A: The Hurriyat has become the face of the anti-Indian, pro-Azadi sentiment pervading the Valley. We are still seen as part of the system and the wave is against the system. But the Hurriyat is seen as leadership. Moreover, you don’t need to be separatists to talk the language of people. Q: You met the Prime Minister earlier this week. What did you talk? A: We pleaded for the resolution of the Kashmir issue. We have asked for time-bound implementation of the PM’s Working Group recommendations including troop withdrawal, trade on Muzaffarabad-Srinagar road and revocation of special powers. We told him that the Hurriyat needs to be seriously pursued. The NDA held two rounds of talks with them. The UPA should also invite them for unconditional talks. Q: Do you see an early solution to the land row? A: The solution is urgently required, but it should not be taken unilaterally. If it is taken that way, the yatra will cease to be non-controversial. The Kashmir Action Committee must be consulted along with the Amarnath Sangharsh Samiti. Q: What about elections? Can you trade with the Congress? A: Conditions are just not conducive for elections. If elections are forced, we will at best have an illegitimate government. About the Congress, all I can say is that Azad has left a deep wedge.
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HOW a secular, beautiful and rich language like Urdu was banished from the land of its birth by linguistic bigots has been effectively brought out by Justice Markandey Katju, the Supreme Court Judge, in his article “Injustice to Urdu in India” (Perspective, August 3). It was unfortunate to identify this dynamic and resonant language with a particular community or to label it as foreign language. 
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