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There are no definitive medical tests that can conclusively prove whether a person is male, female or transgender.  Some of the medical tests and assessments commonly used are:

• Karyotyping: Analyzing chromosomes can show whether someone has XX (typically female) or XY (typically male) pairs. It can identify variations like XXY in Klinefelter syndrome.
• Hormone levels: Measuring testosterone, estrogen, LH, FSH levels provides clues about gonadal sex. Testosterone dominance suggests male sex, while estrogen dominance suggests female sex.
• Imaging studies: Ultrasounds, CT scans or MRIs of reproductive organs help identify the presence of ovaries, uterus, vagina (female sex) or testes, penis, prostate (male sex). However, as intersex conditions demonstrate, there is natural variation in genital development. Some individuals have ambiguous genitalia not clearly definable as male or female.
  Genetic testing: Testing for SRY gene or other sex-related genes provides information about genetic sex.
  
  
  

Gender Identity

Gender identity refers to a person’s internal sense of being male, female, both or neither. It may or may not correspond with the sex assigned at birth. Medical tests are not very useful for determining gender identity

Tests for determining Gender Identity:

• Clinical evaluation: A mental health professional can diagnose gender dysphoria based on psychiatric criteria like discomfort with anatomical sex, desire for opposite gender roles etc.
• Hormone levels: Measuring hormones may offer clues but can’t give definitive proof about gender identity. Hormone testing can measure levels of androgens like testosterone versus estrogens. But hormone levels vary greatly across individuals and populations, so there are no clear cut-off levels that would definitively categorize someone as male or female. For example, some women have higher testosterone while some men have lower levels.
• Brain scans: Studies show transgender individuals may have certain structural and functional brain patterns similar to their gender identity, but these are not conclusive.

Transgenders

The age old binary male-female sex classification fails to capture the intricate variation in human sexual development. Gender further complicates the picture, as a person’s identity may differ from biological attributes. Transgender individuals may have a gender identity different from the sex assigned at birth. Non-binary people identify outside of male-female categories.

Transgender has been legally recognized as the third Gender. Defining and differentiating between male, female and transgender individuals involves complex biological, social, and legal considerations. Medical testing alone cannot capture the full complexity of human sex and gender.

For transgender and gender diverse people, medical interventions like hormone therapy and surgeries help better align physical sex characteristics with gender identity. However, procedures are not universally accessible or desired. Individuals ultimately have to define their own gender based on a deeply felt, internal sense of self.

While the above tests may provide supporting evidence, they cannot offer 100% conclusive proof of whether someone is male, female or transgender. Comprehensive psychological, medical and social evaluation is needed for determining gender identity. Mental health professionals can help by making a diagnosis of gender dysphoria based on clinical assessment criteria.

Gender Change – Sex Reassignment Surgery (SES)

A few persons are not happy with their gender. They may have:

• A strong conviction of being or wish to become the opposite gender.
• A persistent dislike or discomfort with their sexual anatomy.
• A strong desire to obtain the physical features of the opposite gender.
• A strong preference for the clothing, activities and roles associated with the opposite gender.

Section 15 of the Transgender Persons (Protection of Rights) Act, 2019, reproduced hereunder, has recognized this and permits  such persons to under go  sex reassignment surgery (SES) and hormonal therapy:

 “15. Healthcare facilities.—The appropriate Government shall take the following measures in relation to transgender persons, namely:—
(a) to set up separate human immunodeficiency virus Sero-surveillance Centres to conduct sero- surveillance for such persons in accordance with the guidelines issued by the National AIDS Control Organization in this behalf;
(b) to provide for medical care facility including sex reassignment surgery and hormonal therapy;
(c) before and after sex reassignment surgery and hormonal therapy counselling; (d) bring out a Health Manual related to sex reassignment surgery in accordance with the World Profession Association for Transgender Health guidelines;
(e) review of medical curriculum and research for doctors to address their specific health issues;
(f) to facilitate access to transgender persons in hospitals and other healthcare institutions and centres;
(g) provision for coverage of medical expenses by a comprehensive insurance scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender persons.

If a person undergoes sex reassignment surgery to align their anatomy with their gender identity, they are legally and clinically classified according to their post-surgical sex. However, gender diverse people who transition, but do not opt for surgery, can also change their identity. Self-identification is paramount.

Sex change – Sex Reassignment Surgery (SRS) – decisions on

Chinder Pal Singh a female gender wanted to undergo SRS to get her gender identity changed from female to male for certain gender identity disorder. In this case, the Rajasthan High Court granted her permission for the purpose of sex reassignment surgery taking into consideration the provisions contained in the Central Act.
                             Chinder Pal Singh v. The Chief Secretary, Government of Rajasthan and others (S.B. Civil Writ Petition No. 14044 of 2021 decided on 25.5.2023) Rajasthan High Court.

Myra Grace Bandikalla (formerly known as Mr. Swaroop Rajarao Bandikalla), a transgenders’ application for the purpose of facilitating her visit to Bangkok for getting SRS done was granted by the Bombay High Court. In this case, the petitioner was suffering from gender dysphoria and was accordingly desirous of SRS.
                        Mr. Swaroop Rajarao Bandikalla) v. Airport Authority of India and Others (Writ Petition (L) No. 1976 of 2018) order dated 4th July, 2018 of Bombay High Court.

Neha Singh, a woman constable in U.P. Police, an unmarried women found in herself all the traits of a male personality.  She claimed she was suffering from Gender Dysphoria and wanted to undergo Sex Reassignment Surgery (SRS) to get herself identified and personalized as a male with true male physical character. She applied for necessary permission which was delayed. On 18.8.2023, the Allahabad High Court directed the Director General of Police to dispose off her application by 21.9. 2023.
                                      Neha Singh Petitioner vs State Of U.P. And 2 Others WRIT – A No. – 7796 of 2023 – Allahabad High Court  (matter pending)

I have written a book on the Law of Transgender Rights in India. It is available on Amazon and other sites.

I saw this lovely image of Tara. I have seen them but never thought about them seriously. This is the result of my study.
The origins of Tara can be traced back to ancient Indian mythology. She first emerged as a Hindu goddess associated with fertility and protection. However, as Buddhism began to flourish in India, Tara underwent a transformation and became integrated into Buddhist belief systems.

According to Buddhist lore, Tara’s evolution is intertwined with a tale of compassion and selflessness. Legend has it that a bodhisattva named Avalokiteshvara, out of deep compassion for all sentient beings, vowed to achieve enlightenment. However, upon witnessing the suffering of beings, he felt overwhelmed and shattered into a thousand pieces.

In response, Tara emerged from one of these shards, offering solace and support to Avalokiteshvara. She vowed to assist him in his quest for enlightenment and aid all beings in their spiritual journey.

Evolution of Tara in Buddhism

Tārā or Ārya Tārā, also known as Jetsun Dolma in Tibetan, is a female Buddha linked with Buddhist tantra practices in Tibetan Buddhism. She is called the “mother of liberation”. She stands for success in work and achievements.

Tārā is a tantric deity whose practice is used by followers of the Tibetan branch of Vajrayana Buddhism to develop their inner qualities and understand outer, inner and secret teachings about compassion and emptiness. Tārā is not found in the Japanese branch of Vajrayana Buddhism, Shingon.

Different forms of Tara in Buddhism

There is more than one form of Tārā. They have to do with different forms of the same quality. Bodhisattvas are often considered metaphors for Buddhist virtues.

Tara, often referred to as the Mother of Liberation, holds a significant place in Buddhist cosmology and spiritual practice. Across various traditions within Buddhism, Tara is revered as a bodhisattva, a compassionate being who postpones her own enlightenment to assist others in their journey towards liberation.

This mythological narrative underscores Tara’s compassionate nature and her role as a guide and protector in the Buddhist tradition. Over time, Tara’s symbolism and attributes evolved to reflect the diverse needs and aspirations of practitioners across different Buddhist schools and regions.

Tara is depicted in various forms, each representing different aspects of her compassionate presence. The most common forms of Tara are:

1. Green Tara (Sitatara): Green Tara is perhaps the most widely recognized and revered form of Tara. She is depicted as a youthful and radiant figure seated gracefully with one leg extended, ready to spring into action to aid those in need. Green Tara embodies qualities such as compassion, protection, and swift action. She is often invoked for protection from fear and obstacles on the spiritual path.
   
   
2. White Tara (Sitatara): White Tara is associated with longevity, healing, and serenity. She is depicted with seven eyes, symbolizing her ability to see the suffering of sentient beings and her readiness to offer assistance. White Tara is often invoked for healing physical and emotional ailments, as well as for blessings that promote longevity and spiritual well-being.
   
   
3. Red Tara (Kurukulla): Red Tara is associated with magnetizing energy and the fulfillment of desires. She is depicted in a red hue, symbolizing her fiery and passionate nature. Red Tara is often invoked for attracting love, wealth, and success, as well as for overcoming obstacles hindering one’s progress on the spiritual path.
   
   
4. Black Tara (Ekajati): Black Tara is a fierce and protective deity associated with the removal of obstacles and the destruction of negativity. She is depicted with a wrathful expression, wielding weapons and trampling upon demons and obstacles. Black Tara is often invoked for dispelling fear, overcoming obstacles, and subduing malevolent forces.
   
   
5. Blue Tara (Nila Saraswati): Blue Tara is associated with the transmutation of anger and the attainment of wisdom. She is depicted in a deep blue hue, symbolizing her transformative power. Blue Tara is often invoked for pacifying conflicts, calming turbulent emotions, and nurturing the growth of wisdom and insight.

These different forms of Tara cater to the diverse needs and aspirations of practitioners, offering guidance, protection, and support on the spiritual journey.

Importance of Tara in Buddhism

We have Tara associated with Shaktipeeths in Hinduism. But Tara occupies a central place in Buddhist devotion and practice, revered for her compassionate nature and her swift response to the suffering of sentient beings. The importance of Tara in Buddhism can be understood through various dimensions:

1. Compassionate Guidance: Tara embodies the compassionate spirit of Mahayana Buddhism, offering solace, guidance, and protection to practitioners navigating the challenges of samsara (the cycle of birth, death, and rebirth). Her presence serves as a reminder of the boundless compassion that underpins the Buddhist path.
   
   
2. Swift Assistance: Tara is often depicted as a deity who responds swiftly to the calls of devotees. Whether invoked for protection, healing, or guidance, Tara is believed to intercede on behalf of practitioners with compassion and immediacy, offering support in times of need.
3. Symbol of Feminine Wisdom: In a tradition where male deities often dominate the pantheon, Tara serves as a powerful symbol of feminine wisdom and compassion. Her presence challenges traditional gender norms and underscores the importance of embracing feminine qualities such as nurturing, empathy, and intuition on the spiritual path.
   
   
4. Accessible Devotion: Tara’s popularity extends beyond monastic circles, attracting devotees from diverse backgrounds and walks of life. Her accessibility and approachability make her a beloved figure among lay practitioners, who turn to her for guidance and support in their daily lives.
   
   
5. Emblem of Enlightenment: Tara’s vow to assist all sentient beings until they attain enlightenment symbolizes the bodhisattva ideal, wherein one aspires to achieve liberation not only for oneself but for all beings. By embodying this ideal, Tara inspires practitioners to cultivate compassion, altruism, and wisdom in their own lives.

In summary, Tara’s importance in Buddhism lies in her role as a compassionate guide, protector, and embodiment of enlightened qualities. Her presence resonates deeply with practitioners seeking solace, guidance, and inspiration on the spiritual path.

Some Top Temples Dedicated to Tara

1. Tara Mandala Retreat Center (Pagosa Springs, Colorado, USA): Founded by Lama Tsultrim Allione, Tara Mandala is a renowned retreat center dedicated to the practice and teachings of Tara and other female deities. Nestled in the pristine mountains of Colorado, Tara Mandala offers retreats, workshops, and meditation programs focused on Tara’s wisdom and compassion.
   
   
2. Yangleshö Cave Temple (Pharping, Nepal): Located near Kathmandu, Yangleshö Cave Temple is believed to be the sacred site where Guru Rinpoche (Padmasambhava) attained enlightenment with the blessings of Tara. The cave, adorned with sacred images and prayer flags, attracts pilgrims and practitioners seeking blessings and spiritual inspiration.
   
   
3. Sankhu Vajrayogini Temple (Kathmandu Valley, Nepal): Although primarily dedicated to Vajrayogini, the ancient temple complex at Sankhu also houses a shrine dedicated to Tara. The temple, adorned with intricate carvings and sacred imagery, attracts devotees and pilgrims from around the world seeking Tara’s blessings and guidance.
   
   
4. Palden Lhamo Temple (Lhasa, Tibet): Situated within the sacred precincts of the Jokhang Temple in Lhasa, the Palden Lhamo Temple is dedicated to the fierce protectoress deity Palden Lhamo, who is often associated with Tara.

So what is the difference between “sex” and “gender”? What differentiates a male from a female? Sex refers to the physical differences between male, female, or intersex. A person has the sex assigned at birth based on his/her physiological characteristics, including genitalia and chromosome composition. This assigned sex is called a person’s “natal sex.” Gender encompasses a person’s identities, expressions, and societal roles. A person may identify with a gender that is different from his/her natal sex.

Intersex can mean different things. For example, a person might have genitals or internal sex organs that fall outside of typical binary categories. Or a person might have a different combination of chromosomes. Some people do not even know that they are intersex until they reach puberty.

Have you ever heard the words “My wife is not a female?”

A man and woman’s marriage was solemnized on 13 July 2016. After the marriage, the wife did not consummate for a few days on the pretext that she was undergoing a menstrual cycle. After that, she left her husband’s home and returned back after 6 days.

Later, when the husband again tried to consummate, he found that there was no vaginal opening and she had a small penis, like a child. The husband took his wife for a medical check-up. The doctor diagnosed that the wife had a medical problem called ‘Imperforate hymen’ (A medical condition in which the hymen covers the whole opening of the vagina).

The wife was advised to undergo surgical repair. But the doctor also told the couple that even if an artificial vagina was created through surgery, consummation may take place, but the chances of getting pregnant were almost nil. After this medical examination, the husband felt cheated and asked his wife’s father to take his daughter back.

Round of Litigation

A round of litigation started. On 17 January 2017, the husband filed a complaint before the local police against his wife for cheating (by not disclosing that she did not possess female characteristic) and a petition in court seeking divorce. His wife filed complaint against him alleging torture and dowry harassment.

The matter was referred to Parivar Paramarsh Kendra, where the husband alleged that his wife did not possess female characteristic. He asked for medical examination of his wife. The wife was medically examined. But nothing adverse was found on the basis of which it could be said that the she did not possess female characteristic. The wife’s medical report stated she was biologically female, with ovaries, and identified as a woman. It also mentioned that she had “external male genitalia” such as an “imperforate hymen and penis”.

The matter went up to the jurisdictional High Court. The High Court quashed the criminal proceedings in the husband’s case. The High Court held that copies of the annexed medical reports did not show that the wife was not having female characteristic.

The case is now before the Supreme Court. The husband has sought criminal action against his wife for cheating and fraud, alleging she has “external male genital structure”. The Supreme Court has issued notice to the wife to file a reply to the husband’s petition in the following words:
“Learned counsel for the petitioner has drawn our attention inter alia to page 39 to contend that the medical history of the respondent shows “Penis + Imperforate hymen” thus respondent is not a female. Issue notice returnable in four weeks,”

Conclusion

Society often sees maleness and femaleness as a biological binary.
However, there are several issues with this simplistic distinction. For instance, the chromosomal markers are not always clear-cut. Some male babies are born with two or three X chromosomes, just as some female babies are born with a Y chromosome.
Let us see what the Supreme Court finally decides.

Transgenders

Transgenders are a different gender – the 3^rd Gender. There is a special law for them. I have written a book for them. About their rights and how they can get them.

If you are a transgender, this book is a must for you. You can obtain it from Amazon India.

Sex, Gender, Transgender, Surgical change of Gender are complex and nascent issues. Even lawyers are not conversant with these concepts.

This book will tell you:
1.  About the history of transgenderism. How they were discriminated in the past.

2.  That transgender has been recognized as a third gender in India.

3.  How to obtain your Identity Certificate and Identity Card.

4.  About your rights.

5.  About the consequences of discrimination against transgenders.

6.  About the various schemes to help transgenders – shelter homes, scholarships, reservations, etc.

7.  That you can change your gender.

Should you require any further information and free assistance, you can contact me on my email: 
eleena100@hotmail.com                                                                   Binoy Gupta

The author retired as a top bureaucrat in the Government of India. He holds a Ph.D. in law as well as a large number of post graduate degrees and diplomas. He has authored several books and written hundreds of articles. He believes this book is a must for transgenders. 

 
( 750 words )                                                                                         Binoy Gupta

Drug Addiction is a universal problem. According to the United Nations Office on Drugs and Crime (UNODC)’s World Drug Report 2022 around 284 million people use drugs worldwide. This report also states that India is one of the world’s single-largest opiate markets.

Alcohol, country liquor, opium, hashish and marijuana were freely available and used in India. Our sadhus and kings used these substances in hookahs to get high. But in those days, people used them in moderation and drug use was not a serious problem.

Drug Problem in India

The drug problem in India is a complex and multifaceted issue that poses a huge threat to the country’s public health and social fabric. Drug addiction and abuse have been steadily increasing and the problem is compounded by factors such as stresses of modern life, family problems, poverty, unemployment and social unrest. Young people, especially students, often experiment with drugs under the misconceived perception of this being a symbol of high social status or to cope with stress and pressure and end up as drug addicts.

Startling figures based on recent Government of India Figures

1.  Over 10% of the population suffers from psychiatric disorders including depression, neurosis and psychosis.

2.  15 people out of every 1000 are drug users.

3.  Chronic alcohol addiction ranges from 25 out of 1000 people.

4.  Psychiatric and De-addiction bed availability is a meager 20% of the required number. Thus, 80% of inpatient bed availability is unfulfilled across the country.

What is Addiction

Simply put, drug addiction occurs when its abuse affects a person’s work and normal family life. It creates a ripple effect in the lives of the user and his immediate circle of family, friends, co-workers, neighbours and acquaintances. The abuse of the substance causes a tremendous personality change in the user and those who care about him. Drug addiction not only affects the addict but also the members of his family and friends.

What the Government of India is doing

The Indian Government has taken several measures for fighting the issue. In August 2020, the Ministry of Social Justice and Empowerment launched ‘Nasha Mukt Bharat Abhiyaan’(NMBA) in 272 most vulnerable districts of India to address the problem. The Department of Social Justice & Empowerment is the Nodal Department in the Government of India for Drug Demand Reduction.

The Government has set up several de-addiction centers and rehabilitation facilities across the country to help individuals recover from drug addiction. These centers provide counseling, medical treatment, and support to those struggling with drug addiction .But these facilities are grossly inadequate and riddled with poor infrastructure and corruption. There are several other centers across the country which provide similar services to drug addicts. All these centers play a crucial role in helping individuals recover from drug addiction and prevent relapses.

What a Drug Addict should do

Due to the fear of social stigma and legal repercussions, many drug users are afraid to seek help. The addict:

1.  Should first accept that he is an addict and is ready to come out of it.

2.  Seek professional help: Should then seek help from a psychologist, psychiatrist, a drug rehabilitation center, or a support group. Professional help is necessary to overcome drug addiction. A professional can provide you with the necessary guidance, support, and treatment to recover from drug addiction.

3.  Follow a treatment plan: A treatment plan may include detoxification, counseling, therapy, and medication. It is essential to follow the treatment plan as prescribed by the professional to achieve the best results. It may also be necessary to spend some time in a rehabilitation centre.

4.   Make lifestyle changes: Making lifestyle changes suggested by your counsellors such as practicing healthy habits, exercise, and eating a nutritious diet can help in the recovery process. Avoid triggers and situations that can lead to drug use.

5.   Join a support group: Join a support group such as Alcoholics Anonymous which will help you connect with people who have similar experiences and struggles. A support group will provide you with the necessary emotional support and motivation to overcome drug addiction.

6.   Stay committed: Recovery from drug addiction is a long-term process and requires commitment and effort. It is essential to stay committed to the treatment plan and make necessary changes to maintain sobriety.

Rehabilitating from drug addiction is a challenging process. But with strong commitment and the right support and treatment, it is possible to overcome the addiction and return to a normal and fulfilling life.

One of finest rehabilitation centres in Eastern India is
Rekindle Wellness Centre in Howrah. You can see the photographs at the following site.
You can also visit the site (with prior appointment)
https://rekindlewellness.com

Phone : +91-9833304241
Email : info@rekindlewellness.com

(754 Words)                                                                                      Binoy Gupta

When I was Chief Commissioner of Income Tax I, Chennai in 2005, I was invited to Baba Ramdev’s discourses in Chennai and to receive his blessings.
Somehow, I could not or did not attend it.

The people who had invited me, and the people who were organising the discourses, were the big business men, including tax evaders, and even people who were facing prosecution for tax evasion.
 Baba Ramdeo Pix (Click here to see picture)

If anyone sincerely believes that all Baba Ramdev’s followers are the honest exceptionalists – the pure Ganga Jumna of the society, he is obviously mistaken.
The fact is that most honest people are poor and can hardly afford the luxury of doling out huge donations with which the big religious and pseudo religious institutions are built.

Even in the good old days, robbers and dacoits used to offer a portion of their loot to Goddess Kali and other deities, when they returned back from their exploits.
The business people traditionally kept a small percentage of their income for God in a Dabba – the donation box as it used to be called.
Whether this was done to appease the Gods. or lessen their anger…. I do not know.
 
Background

An online internet search about the Baba gave me the following facts:

Baba Ramdev  was born on Dec 25, 1965, as Ramkishan Alipur Yadav in the house of an ordinary family of Gulab Devi and Ram Nivas Yadav in Ali Saiyad Pur village of Mahendragarh district in Haryana state of India.

He attended school through the 8th grade in Shahjadpur.
Thereafter, he joined a Gurukul in Khanpur village (Hoshiarpur, Punjab) to study Sanskrit and Yoga.
In 1995. Ramkishan Alipur Yadav, renounced worldly life and became a Sanyasi – adopting the name Swami Ramdev. 

Then he went to Jind district and joined the Kalva Gurukul and later imparted free Yoga training to villagers across Haryana.
He travelled the Himalayas for several years (for which no details are available) before settling down in Haridwar.
He discovered several medicinal plants in the Himalayas (for which no details are available) which he uses for treating his patients.

He starting teaching Pranayama – techniques of breath control and popularised the practice of Pranayama.
His discourses and talks are broadcast on Indian TV channels. Baba Ramdev claims that he was a paralytic prior to taking up yoga, but this claim has never been verified.

So far so good. No one can have any problem with Baba Ramdev and his teachings relating to Pranayama and other yogic exercises.

HIV & AIDS – claim of curing

On Dec. 22 and 23, 2006, on India TV and a couple of other TV Channels, Baba Ramdev said that Yoga Pranayama and the Ayurvedic and Herbal Medicines suggested by him can control and cure AIDS.

He added that the CD4 Cell count of the people affected by AIDS, which had fallen to 50; 100; 150 have gone up to 400; 500; and even 600, which is quite normal. He added that even the people with CD4 Cell count of 5 to 10 have benefitted. CD4 cells (T4 count, T-helper cells) are a class of immune cells that gradually get depleted in HIV infection.

On Dec. 22 and 23, 2006, India TV also showed a lady, declaring openly, in one of his Yoga Science camps to have been cured of AIDS. This lady had come to know that she had AIDS, after she lost her husband due to AIDS.

As a result of these press reports, the Indian Union Health Ministry sent a cease and desist order to Baba Ramdev; and medical NGOs threatened to take legal action against him.
Baba Ramdev responded by saying that he had been misquoted.
(The usual ploy of politicians).
His clarification was that Yoga and Ayurveda together can alleviate the suffering from AIDS, not cure it.
He also added that Yogic education was preferable over sex education in response to the AIDS crisis.

http://www.articlesbase.com/book-reviews-articles/swami-ramdev-biography-and-information-4517995.html – 

Cancer – claim of curing

In some of his addresses, Baba Ramdev said that Yoga and Pranayama have been successful in curing 200 cancer patients and he is ready to give evidence. (But no evidence has ever been given.)

Quoting from page 55 of the monthly magazine “Yog Sandesh” (English) September 2006. issue.
This magazine is also available along with all the Back Issues of Yog Sandesh Monthly, online at
http://www.yogapranayama.com/yog%20Sandesh.htm

Sanyasi

Baba’s actions have left me in a daze. I am blundered and traumatised.
I have always believed that a Sanyasi is one who has renounced the world.
A Sanyasi is one who is free from all attachments – family, friends and enemies.
I am reproducing the definition of Sannyasa from Wikipedia. (Definitions in other treatises are similar)

“ Sannyasa (Devanagari, sannyāsa) is the order of life of the renouncer within the Hindu scheme of āśramas, or life stages. It is considered the topmost and final stage of the ashram systems and is traditionally taken by men or women at or beyond the age of fifty years old or by young monks who wish to renounce worldly and materialistic pursuits and instead dedicate their entire life towards spiritual pursuits. In this phase of life, the person develops vairāgya, or a state of dispassion and detachment from material life. He renounces all worldly thoughts and desires, and spends the rest of his life in spiritual contemplation. One within the sannyasa order is known as a sannyasi (male) or sannyasin (female)……

During the sannyasa phase of life, a person abandons fire (Agnihotra, allowed to the householder stage of life, the Grihastha ashram). It means that during sannyasa ashram, one should not cook, perform fire rituals or take heat from fire. Sannyasa focuses only on the self and spirituality and not even the gods (as abandoning fire suggests). Symbolically, a sannyasi casts his physical body to fire by wearing saffron robes at the moment of taking up sannyasa itself, thus freeing his soul, while yet alive. Hence, sannyasis are not cremated after death (as most Hindus are) but may instead be buried.”

http://en.wikipedia.org/wiki/Sannyasa 

Death Penalty for corruption

Baba Ramdev has recently taken up the issue of corruption.
He has demanded that corrupt people should be dealt with nothing less than death penalty.

I am shocked….a sanyasi asking for the death penalty…..and that too, for a crime like corruption, when nation after nation are abolishing the death penalty.
There is something wrong, somewhere. I would have expected a sanyasi to save life, not take life.

Ramdev and Politics

Baba Ramdev launched Bharat Swabhiman – a new political party.
Baba has clarified that his party has no intention of contesting Assembly elections, but only Lok Sabha elections.
(His aims are high and lofty ….Delhi and the Parliament itself).

“I do not have any ambition to be the Prime Minister or the President of India. I will never actively participate in politics”, he claimed.
(But none the less he will form a new political party)

 http://www.goanews.com/news_disp.php?newsid=1077 

Baba Ramdev would himself play the role of Chanakya and not be directly involved in politics. I shall not be a contender to power personally, said the Yoga Guru.

http://articles.timesofindia.indiatimes.com/2010-02-22/patna/28131728_1_baba-ramdev-check-corruption-yoga-guru 

Well this is what Sonia is doing…..

Back to Sanyas

Baba Ramdev….
With all the humility I can muster, mingled with all the knowledge and experience I have gained over 65 years of life, I implore you to keep away from politics, corruption, black money and such mundane things of life.

We already have far too many politicians.
Please stick to what is your rightful duty…..as a sannyani…..meditation and yoga.
Otherwise, you will be like the misled donkey….na ghar ka na ghat ka.

The Finale

Sunday morning, the police moved in and cleared Ramleela Grounds.
The Baba had crossed all limits.
Flying on private jets, owning thousands of crores worth of land and other assets, making a mockery of all that a Sanyasi is supposed to do, he was literally blackmailing the Govt.

But for all this, the Govt. of India itself is to blame. Sending three ministers and the Cabinet Secretary to meet him was a very very wrong decision.
It was sending out all the wrong signals.
Anyway, better late than never.

Baba Ramdev – will someone convey this message to him

Rajbala lies paralyzed because she supported you.
The least you can do….call it ethics, sanyas, or good will,
give her a reasonable sum for her loyalty.
You should compensate her…..

Baba Ram Dev

Perhaps Baba Ram Dev is a good yoga teacher.
Most of his claims about treating cancer, etc. remain unsubstantiated, or to be more precise, dubious.
But remember, it is not easy to extract money, call it donations or whatever you like, from powerful politicians and the rich and mighty.
Baba Ram Dev is certainly a great salesman – a salesman par excellence.

Being a sannyasi, he should not have started the movement for such things as black money, demonetization of large currency notes, and even direct election to the post of prime minister.
But having started the wrong movement, he blotched up the movement, more so, by threatening to raise an armed army.
He should have retracted at the right moment and his public image would have remained untarnished.
Now there are more questions than he can answer.
And he has rightly chosen to keep mum.

I was shocked to see him jumping down the stage, running away like a pursued criminal, and then escaping in a sari.
I am yet to see a greater act of cowardice from a sannyasi.
Who could have hurt him in that public place ?
The media was his guarantee of safety, if any was needed.

You can see my comments on Baba Ram Dev on my blog.

https://binoygupta.com/?p=383

The latest (March 2024)

Baba Ramdev has become very big.
He has openly violated the various laws relating to manufacture and sale of medicines. He does not bother about the orders of the ASCI
He has even flouted the Supreme Court’s orders.
Surprisingly, the Supreme Court has not issued defamation notice against Baba Ramdev……

10.3.24                                                                                     Binoy Gupta

(1711 words)

Latest update 19 March 2024

The Supreme Court on Tuesday ( March 19) directed the personal appearance of Patanjali’s Managing Director Acharya Balakrishna and Baba Ramdev (Co-founder of Patanjali). The Bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing a case wherein it previously issued a Contempt notice to Patanjali Ayurved and its MD for continuing to publish misleading advertisements regarding medicinal cures. The contempt notice was issued noting that Patanjali continued misleading advertisements

https://www.livelaw.in/top-stories/supreme-court-orders-personal-appearance-of-patanjali-md-baba-ramdev-in-contempt-case-over-misleading-medical-ads-252716?fbclid=IwAR1MsH9z5s7uzdqCsd_EQGwBXbXnDXr_AclI4R8RSgGvL-VXHi1ViP_jiQE

The district of Kaimur formed part of the mighty Magadh Empire from 6th century BCE to 5th century CE, under the Mauryan and Gupta rulers of Magadh. Chandra Gupta Maurya raised an army, with the assistance of Chanakya, his teacher and author of Arthashastra and overthrew the Nanda Empire in  322 BCE  laying the foundation for the Maurya Empire. Chandragupta rapidly expanded his power westwards across central and western India. In the 7th century CE, this district came under the control of Harshawardhan, the ruler of Kannouj.

Narayana or Vishnu

According to the official version of the Temple authorities, the Maa Mundeshwari Temple was built during  3 – 4 BCE with Narayana, or Vishnu, as the presiding deity. During 348 CE, a new deity Viniteswara was set up as a minor deity in the temple, holding a position subsidiary to Narayana, the main deity. The statue of Narayana disappeared due to the ravages of time.

Chatur Mukha Lingam or Four Faced Shivalinga

Around the seventh century CE, Shaivaism (Religion based on Lord Shiva) became the prevalent religion; and Viniteswara, which was a minor deity, emerged as the presiding deity of the temple. The Chatur Mukha Lingam (Lingam with four faces) representing Lord Shiva was accorded the central place in the temple, which it holds even now.

After this period, the Cheros, a powerful aboriginal tribe and the original inhabitants of the Kaimur Hills, ascended to power. The Cheros were worshippers of Shakti, represented by Maa Mundeshwari, also known as Maheshamardini and Durga. They made Maa Mundeshwari the main deity of the temple.  But in this temple, Maa Mundeshwari is depicted riding on a buffalo. This is unique because Durga is generally represented as killing the ‘asura’ (demon) in the form of a buffalo. However, Chatur Mukha Lingam (Lingam with four faces) still occupied the centre stage in the temple.

The image of Maa Mundeshwari or Durga was installed in a niche along one wall of the temple, where it resides to this day. It is worshipped as the main deity while the Chatur Mukha Lingam although in a central position remains the subsidiary deity. 

Who constructed the Temple

It appears that Maharaja Dutthagamani (101-77 BC), a powerful independent king of Ceylon (Sri Lanka), had constructed a great stupa and a large assembly of priests attended its consecration ceremony in the Mundeshwari hills. The exact builder of the Maa Mundeshwari Temple is not known. It is believed to have been built during the Gupta dynasty, between the 4th to the 6th century CE. The temple’s architectural style and sculptures, which are influenced by the Gupta style, suggest that it was built during this period. The Gupta dynasty was known for its patronage of arts, literature, and architecture, and several notable temples and monuments were built during their reign. This unique temple is a remarkable example of ancient Indian architecture, combining elements of different styles to create a unique and harmonious structure. It is a testament to the architectural and cultural achievements of the Gupta dynasty.

Architecture

The Maa Mundeshwari Temple is the earliest specimen of the Nagara style of temple architecture in Bihar. It is a mix of different styles, including the Gupta and the Nagara styles and is an architectural marvel.
The Temple is built of stone on an octagonal plan which is rare. Since 1915, the temple is a protected monument under the Archaeological Survey of India. The temple shikhar or tower which had been destroyed has been covered with a roof.  

The temple complex comprises a main shrine and several smaller shrines surrounded by a large courtyard. The main shrine is a square shaped building with a pyramid-like roof, which is a distinctive feature of the Nagara style. The walls of the temple are adorned with intricate carvings and sculptures, depicting various Hindu gods and goddesses.
The main deities in the sanctum sanctorum of the temple are the Maa Mundeshwari and Chaturmukh Mukhalingam (Lingam with four faces).  Even though the Chaturmukh Mukhalingam is installed in the centre of the sanctum, the main presiding deity is Maa Mundeshwari deified inside a niche. She is depicted with ten hands holding symbols and riding a buffalo, attributed to Mahishasura-mardini.

There are four entrances to the temple, of which one has been closed and one is half open.  There are doors or windows on four sides and small niches for the reception of statues in the remaining four walls.  The niches on the four interior walls have bold mouldings which are carved with vase and foliage designs. At the entrance to the temple, the door jambs are seen with carved images of Dwarapalas, Ganga, Yamuna and many other deities.

There are also two stone vessels of unusual design. The temple also has statues of Ganesha, Surya, Vishnu and of other popular Gods. A substantial part of this stone structure has been damaged.
Chaturmukh Mukhalingam (Lingam with four faces) has been constructed with a special stone which changes its color with the position of the sun. There is a large statue of Nandi on the west side of the main entrance.  The Maa Mundeshwari Temple is a remarkable example of ancient Indian architecture, combining elements of different styles to create a unique and harmonious structure.Location
  
Mythology

Maa Mundeshwari Temple is built on  top of Pawanra (original Prawara) Hill, at a height of about  608 feet (185 metres).  The inscription of an information plaque erected by the Archaeological Survey of India (ASI) at the site indicates the dating of the temple to 635 CE. However, there are other versions for the dating stating the Saka era, prior to Gupta dynasty rule (320 CE) in India, and specifically to 105 CE according to the Administrator of the Bihar Religious Trust Board.

Worship

It is believed that rituals and worship have been performed in this temple continuously without a break. Hence Maa Mundeshwari Temple is considered  the oldest functional Hindu Temple in the world.

The temple is visited by a large number of pilgrims each year, particularly during the Ramnavami and Shivaratri festivals. A big annual fair (mela) is held nearby during the Navaratra visited by thousands. The worship of Shakti in the form of Maa  Mundeshwari in the temple is also indicative of tantric cult of worship, which is practiced in Eastern India.

Unique Goat Sacrifice

An amazing aspect of worship here is the bloodless goat sacrifice performed, something which would please the animal lovers. Worshippers come here and pray for fulfillment of their desires. After fulfillment of their desires, the worshippers bring goats for sacrifice. Amidst chanting of mantras and showering of flowers and sacred rice by the priest, the goats fall unconscious. But they regain consciousness as soon as the priest repeats the process and the sacrifice is completed thereby. According to the local residents, the tradition of sacrificing goat in this temple has been there since the beginning, but here the sacrifice is done in a very unique way in which not even a drop of blood flows. This unique sacrifice adds to the divinity surrounding the deity.
Legend says that the mother killed a demon named Chand. But the demon named Mund came and hid on the hill. Searching for him, the mother came to this hill and killed Mund. That is why this temple is also called ‘Mundeshwari Mata Mandir’. 
Apart from this unique sacrifice of goat in Maa Mundeshwari Devi Temple, a unique sacrifice is made to Goddess Ganga at Pahleja Ghat near Hajipur.  After the wishes of the devotees are fulfilled, they reach the ghat and buy goats from the boatmen. After worshiping them, they offer them to Ganga Maiya. They let the goats swim away. In this way, the sacrificed goats are not killed. Devotees offer this sacrifice after the fulfillment of their wish to have a child or on the fulfillment of any other special vow.  This tradition of sacrifice conveys the message that the gods and goddesses are not pleased by the sacrifice of any living animal. Rather, they are happy by worshiping nature and filling their bags with wishes.

Museum

There is a small museum halfway up the hill on a small peak by itself. This new museum is a small island of learning. It has one big hall and an additional smaller room. The big hall has a collection of statues and rock carvings mostly dating to the 6th and 7th centuries CE. It contains figures of religious significance drawn through the ages. The sculptures are well labeled but need more exhaustive descriptions explaining the significance of the exhibits. The smaller room has a large number of photographs of the rock paintings of the stone age period found in and around Karar village in the Kaimur Hills.

Accomodation

There are plenty of accommodation close by catering to all kinds of tourists.

Reaching there

Maa Mundeshwari temple is located 22 kms from the small town of Bhabhua, 120 kms from Varanasi and 175 kms from Patna in Bihar. It is about 10 km south of Bhabua and about 25 km south of the railway station. If someone wants to visit the temple, he should come to Bhabua Road station first then he may take a direct bus to Mundeshwari Devi temple or may first take bus to Bhabua and then an auto/tempo to the temple.

By Air

The nearest airport is the Lal Bahadur Shastri International Airport, Varanasi, 102 kms from the temple.

By Train

Mohania is the only major railway junction of the district. This station is commonly known as Bhabua Road is on the Howrah-New Delhi route. The temple is 22 kms. from this station.

By Road

The temple is 220 kms from Patna and 110 kms from Varanasi.

Hitech – online Prasad

The temple authorities have developed an attractive, remarkable website. It contains a lot of information, pictures and videos, bhajans, etc. and you can even order Prasad online which will be delivered to your home.

https://maamundeshwaritrust.org/

10 March 2024

( 1820 Words )                                                                                     Binoy Gupta


Photo of temple courtesy  Iamritwikaryan
More photos are available at the following Govt. site.
https://kaimur.nic.in/gallery/maa-mundeshwari-temple-bhagwanpur/

Hunting of Blackbuck with Cheetah

Decimation of the Asiatic Cheetah in India

At the turn of the 20th century, there were thousands of Asiatic Cheetahs in India. But they were indiscriminately hunted. Maharaja Ramanuj Pratap Singh Deo of Koriya, Surguja. Madhya Pradesh, Central India shot dead 3 cheetahs in 1947 finishing off the last wild Cheetah in India.

The above photograph shows Maharaja Ramanuj Pratap Singh Deo of Koriya, Surguja. Madhya Pradesh, Central India with the 3 dead cheetahs shot by him in 1947 finishing off the wild Cheetahs in India.

Today an estimated 7,000 African Cheetahs remain in the wild – almost all of them in Africa.

After that, few Cheetahs remained in different zoos of India. But all of them died.
Since then, 35 cheetahs have been brought to India in 6 different zoos – Hyderabad, Delhi, Kanpur, Calcutta, Trivandrum and Mysore. All of them died due to lack of proper care and diseases. They did not breed in captivity.
The official announcement of the Asiatic Cheetah going extinct from India was made in 1952.

Today, only 75 to 100 Asiatic Cheetahs remain in the wild. They are confined to Iran’s Kavir desert – with a few being sighted in south-west Pakistan. The IUCN Red List of Threatened Animals has listed the Asiatic Cheetah as ‘critically endangered’.

In the 1970s, the Government of India approached Iran for a pair of Cheetahs. Iran agreed to give a pair in exchange of a pair of wild lions from the Gir Sanctuary. But Gujarat refused to give the two lions.

Numibian Cheetahs arrive from Singapore

The Sakkarbaug Zoo, Junagarh, Gujarat which was opened in 1863 extends over 200-hectares (490-acres). It provides captive breeding of purebred Asiatic lions. The last Asiatic Cheetah in India died in 1945 in this Zoo, during the time of the Nawab. In 2006, Singapore Zoo made a proposal to gift 4 African Cheetahs in exchange of 3 Asiatic lions from Sakkarbaug Zoo. This was approved by the Central Zoo Authority of India in August that year.

Two pairs of Cheetahs were brought from Singapore Zoo and accommodated at the Sakkarbaug Zoo on 24 March 2009, after a public function presided over by Sri Narendra Modi, then Chief Minister of Gujarat. The pairs failed to mate and all four Cheetahs died within two years.

The UPA Government headed by Dr. Manmohan Singh established the Project Cheetah in 2008-09 to revive its population in India by bringing in African Cheetahs. Site surveys were conducted by global experts and government experts. The Government of India then approached Namibia. Namibia agreed to give a pair of Cheetahs to India. The matter went up to the Supreme Court and the translocation was delayed.

In 2020, the National Tiger Conservation Authority approached the Supreme Court with a plea for the experimental introduction of African Cheetahs in India in a carefully chosen habitat. The Court relented, but appointed an expert committee to decide on the location, etc.

In January 2020, the Supreme Court approved the translocation of Cheetahs. The Government of India decided to relocate them in the Kuno National Park in Madhya Pradesh.

8 Numibian Cheetahs arrive in Kuno National Park

Eight Cheetahs – five female and three male – were flown in from Numibia to Gwalior by a chartered flight on 17 September 2022, on the 72nd birthday of Prime Minister Narendra Modi. He released the eight Cheetahs in the Kuno National Park.
The Kuno National Park which had waited over twenty years to provide to provide an alternate home to the endangered Asiatic Lion became the new home of the Numibian Cheetahs.

12 more Cheetahs arrive from South Africa

On 18 February 2023, an Indian Air Force plane flew in 12 African Cheetahs – seven males and five females – from South Africa. They were released into the quarantine enclosures at the Kuno National Park.

Future

Of the 20 Cheetahs in Kuno National Park, three have died and four have been born taking the total tally to 21.

We have not re-introduced the Asiatic Cheetah. Experts caution that the African Cheetah is a different sub- species from the Asiatic Cheetah.

According to researchers the introduction of African Cheetahs in India has been done without considering their spatial ecology. They warn that the released animals may come into conflict with people in the neighbouring villages.

Scientists of the Cheetah Research Project of Leibniz-IZW in Namibia argue that in southern Africa, Cheetahs live in a stable socio-spatial system with widely spread territories and densities of less than one individual per 100 square kilometers. This quantifies into a capacity of around 36 Cheetahs in Kuno National Park.

The Supreme Court has recently asked the Government of India to consider the introduction of newly-introduced Cheetahs in other locations and not be confined to a single place. It is never wise to put all the eggs in one basket.




( 930 words)

Reintroduction of the Cheetah in India

CIVIL APPEAL NO. 3581-3590 OF 2020
(@ CIVIL APPEAL DIARY NO.9796/2019)

There was a lot of confusion, even amongst lawyers, whether after the coming of RERA, aggrieved flat purchasers could file Complaints under the Consumer Protection Act.

In the above judgement, the Supreme Court of India has held that the redressal mechanism / provisions under the Real Estate (Regulation and Development) Act 2016 (RERA) do not act as a bar to complaints under the Consumer Protection Act 1986 (CP Act).

Brief Facts of the dispute

The matter before the Supreme Court arose out of an appeal from an order from the NCDRC in relation to a group of complaints made by homebuyers. The homebuyers filed complaints under the CP Act due to delay in handover of possession of the apartments by the builder. These complaints were filed just a week before the registration of the said project with the jurisdictional RERA authority, in this case – the Haryana Real Estate Regulatory Authority (Haryana Authority). The builder (the Appellant before the Supreme Court) challenged the jurisdiction of the NCDRC inter alia on the ground that the apartments had been booked for commercial purposes and the homebuyers (the Respondents before the Supreme Court) were not ‘consumers’ within the provisions of the CP Act. No reference was made by the Appellant before the NCDRC that the project had been registered under RERA. The NCDRC allowed the complaint of the Respondents and by its order dated 12 September 2018 directed refund of the monies paid by the homebuyers along with interest and costs. When the Appellant filed the appeal before the Supreme Court, the project registration letter issued by the Haryana Authority was produced. An order dated 17 January 2019 passed by the Haryana Authority in a RERA complaint filed by another homebuyer in respect of this project was also produced under which the Haryana Authority, instead of directing refund of monies to be paid, had directed payment of interest on the amount deposited, as delay possession charges for each month of delay till the handing over of possession of the project.

Proceedings before the Supreme Court

The Appellant made various submissions in support of its Appeal – that the Respondents were not ‘consumers’ since the apartments were booked for earning profit; the NCDRC ought not to have entertained the complaints once RERA came into force since issues relating to delayed construction fell within the ambit of RERA and the authorities formed thereunder. The Appellant also submitted that the order of the NCDRC be set aside and the Respondents be granted interest and the Appellant ought not to be directed to refund the entire amount, so that the project could be completed without financial strain on the Appellant. The Respondents argued that the remedy under the CP Act was an additional remedy and the legal position remained unchanged even after enactment of RERA. The Respondent submitted that the order of the NCDRC was justified and no plea regarding the project’s RERA registration had been taken in the Appeal, hence the Appellant could not raise such submissions now.

Judgment of the Supreme Court

At the outset, the Supreme Court concurred with the factual findings of the NCDRC that the Respondents were ‘consumers’ as defined under the CP Act and that there was a delay in completing construction and handing over the apartments.

The Court also referred to its earlier judgments of the Hon’ble Supreme Court and the judgments of the various Hon’ble High Courts which consistently held that the remedies available under the provisions of the CP Act are additional remedies over and above the other remedies including those available under any special statutes; and that the availability of an alternate remedy is no bar in entertaining a complaint under the CP Act.

The Supreme Court found that though Section 79 of RERA bars jurisdiction of civil courts, the NCDRC and other consumer dispute forums could not be called ‘civil courts’ particularly in view of the law already declared in this regard in previous decisions of the Supreme Court. It further held that though RERA entitles a complainant who had initiated proceedings under the CP Act to withdraw proceedings under the CP Act and file an appropriate application before the adjudicating officer under RERA, this was a right or option available to the complainant. However, such right or option available to the complainant cannot statutorily force the complainant to withdraw such complaint and in any case, there is no provision in RERA for transfer of such pending complaints to the RERA authorities.

Having heard the Appeal, it was held that RERA did not bar the NCDRC or consumer forums under the CP Act from entertaining any complaints.

The Supreme Court further observed that in cases where such proceedings under the CP Act are initiated after the provisions of the RERA Act came into force, there is nothing in the RERA Act which bars initiation of such proceedings. The Court also observed that Section 18 of RERA itself specifies that the remedy under said Section is “without prejudice to any other remedy available” which provision, in effect acknowledges such other remedy available to the allottee.

The Court also held that a reading of Section 88 and 89 of RERA which specifies that the provisions of RERA would be in addition to and not in derogation of any other law and that the provisions of RERA would have effect notwithstanding anything inconsistent in any other law in force – made the position even clearer.

So far as the registration of the project under RERA is concerned, the Court held that the period of 42 months promised for construction in terms of the Builder buyer agreement had expired well before the Project was registered under the provisions of the RERA Act, and therefore, the validity of such registration being for a further period did not mean that the entitlement of the concerned allottees to maintain an action stood deferred. It held that the entitlement of the Complainants must be considered in the light of the terms of the Builder Buyer Agreements. The Court also referred to a Full-Bench judgment of the Supreme Court1 dealing with RERA and the IBC laws where it was held that concurrent remedies were given to allottees under the RERA and IBC as well as under the CP Act.

Interestingly, the Court also referred to the newly introduced Consumer Protection Act 2019 (New Act) and found that the new Act saved all actions taken or purported to have been taken under the CP Act, and the savings provision thereunder has been enacted with an intent to secure the remedies under New Act dealing with protection of the interests of Consumers, even after the RERA Act was brought into force. As such, it held that the proceedings initiated by the complainants in the present cases and the resultant actions including the orders passed by the NCDRC were fully saved.

This judgment of the Supreme Court follows a recent judgment of the Delhi High Court in a group of petitions decided in September 20192 where the Delhi HC had also held that that the remedies under the CP Act and RERA are concurrent.

Conclusion

28. Proviso to Section 71(1) of the RERA Act entitles a complainant who had initiated proceedings under the CP Act before the RERA Act came into force, to withdraw the proceedings under the CP Act with the permission of the Forum or Commission and file an appropriate application before the adjudicating officer under the RERA Act. The proviso thus gives a right or an option to the concerned complainant but does not statutorily force him to withdraw such complaint nor do the provisions of the RERA Act create any mechanism for transfer of such pending proceedings to authorities under the RERA Act. As against that  (2009) 9 SCC 221*  AIR 1950 SC 188 : 1950 SCR 459*  (2009) 6 SCC 635* CIVIL APPEAL NO. 3581-3590 OF 2020 @ CIVIL APPEAL DIARY NO.9796/2019 M/s Imperia Structures Ltd. vs. Anil Patni 40 the mandate in Section 12(4) of the CP Act to the contrary is quite significant.

Again, insofar as cases where such proceedings under the CP Act are initiated after the provisions of the RERA Act came into force, there is nothing in the RERA Act which bars such initiation. The absence of bar under Section 79 to the initiation of proceedings before a fora which cannot be called a Civil Court and express saving under Section 88 of the RERA Act, make the position quite clear. Further, Section 18 itself specifies that the remedy under said Section is “without prejudice to any other remedy available”. Thus, the parliamentary intent is clear that a choice or discretion is given to the allottee whether he wishes to initiate appropriate proceedings under the CP Act or file an application under the RERA Act.

 Further, the Supreme Court (while upholding the decision of the NCDRC) has come down heavily on delayed delivery of projects. These observations should give developers enough impetus to complete projects and handover flatsto allottees in a timely manner to avoid being directed to refund monies with interest and possible costs being imposed.

Link to the decision. https://main.sci.gov.in/supremecourt/2019/9796/9796_2019_34_1502_24555_Judgement_02-Nov-2020.pdf

Yesterday night, I was shocked to watch and hear Arvind Kejriwal’s comments
in the TV show Aap Ki Adalat.

Earlier, I have been astonished to hear comments by General V K Singh about

the Supreme Court decision on his age dispute.

And I have been amused to see Asaram Bapu’s supporters ranting to the

media.

Right to contest elections and dream big

Every one, including ex Bureaucrats, and even Babas have a right to contest

the elections, and dream of becoming the Prime Minister, Chief Minister,

Minister, MP or MLA. But people who have retired as a General or Cabinet

Secretary or some other high position have handled very sensitive files and

documents. They should never talk about such things in public in private.

General V K Singh

How can he compare his age dispute with that of a 17 year old rapist?

The Supreme Court does not admit cases of age disputes of government

servants directly.

The affected person has to come through a serious of judicial hierarchy.

The Supreme Court did a favour in hearing the General directly. Probably this

should not have been done.

Then, there are procedures and a plethora of decisions on how age disputes of

Government employees should be agitated and resolved.

Commenting on the Supreme Court was in very bad taste.

Then he stated that he had evidence against a subordinate offering him bribe.

But he could never produce the evidence.

Then his statement in public  about the bribes and payments made to

politicians in Kashmir are actually crimes punishable under the Military Act

and the Official Secrets Act.

Surely he knows all this….

 Asharam and his son Narayan Sai

Asaram Bapu is in jail. His son Narayan Sai announced he will form an all India
political party. His supporters harp on the delay in filing the various

complaints.

There are so many charges against both father and son. There are a plethora of
illegal constructions……

If he is innocent, he should appear before the police and the and the courts

and answer the different questions.

Why is he running away?

 Arvind Kejriwal

In the interview yesterday, Arvind said that he was a Commissioner of Income
Tax when he resigned, and that every Inspector in the Income Tax

Department earns at least Rs. 1 crore per year……He left the department and

all this money for the common man.

 The fact is he was not a Commissioner – but only an Addl. Commissioner of

Income Tax when he resigned. All this ranting about the earning of an

Inspector of Income Tax of Rs. 1 crore is sheer bakwas. How many cases of

Inspectors amassing this kind of money did he come across? How many

inspectors did he take action against during his long career.

Then he did not mention that his wife continues to work in the same Income

Tax Department as Additional Commissioner of Income Tax. Personally, I do

not know them. But by the same logic, she must be earning tens of crores of

rupees every year. What is his answer to this logic?

Anna Hazare thought politics is dirty and chose to remain aloof. But Arvind

has entered Politics and he is already talking like a Chief Minister…….May be

one day his dreams will come true.

But as I said, he has a right to contest elections and dream big,,,,but without

telling silly lies about his ex colleagues and sub ordinates.