WHEN YOU FIND YOURSELF IN A HOLE, STOP DIGGING!

 The first rule of excavation is that when you find yourself in a hole, you should stop digging. It appears, however, that our venerable Chief Justice, who has now seen the (saffron) light, has not heard of this truism, notwithstanding his vast knowledge and learning. He continues to excavate, somewhat like the Archeological Survey of India, probably hoping to  strike Hindutva bedrock. With his "legacy" already under the public scanner one would have expected him to lie low and weather the storm. Instead, just last week he has publicly gone on record to gloat that (a) he authored the Ayodhya Ram Mandir judgment and (b) that he had prayed to God for a solution to this thorny issue, and the "solution" was promptly sent to him by the deity, presumably via Blinkit or Zepto. Predictably, this confession has raised another fire storm, with eminent lawyers and even retired judges coming down on him like a ton of the famed Ram Mandir bricks.

His revelation, as far as I know, is only the second judicial epiphany after Moses was handed the Ten Commandments by a burning bush on Mount Sinai, with the difference that the Directive Principles of the Commandments have now been replaced with the binding Ayodhya judgment; after all, it is a tenet of spirituality that divine revelation always precedes divine authorship. And since the Chief Justice himself has implicitly attested to the authorship of this SC judgment, the epiphany itself must be acknowledged. But the fecundity of the implications of this spiritual communion is mind boggling; this piece attempts to unravel some of them.

India must be the only country in the world which now has two of its top leaders in direct communion with God: the Prime Minister (who is probably God incarnate himself) and the Chief Justice. We must consider ourselves exceptionally fortunate in this respect, though we still don't know with whom our third pillar of democracy- the Presiding officers of the two houses of Parliament- communicates. The evidence points to either Johnny Walker or Alfred E Neuman (of MAD magazine fame) but I could be wrong.

The Hindu pantheon reportedly has 30 million Gods (not including our Prime Minister) so it would be interesting to know which particular deity the Chief Justice had consulted. There is also a problematic dimension to this, as was raised by Karan Thapar in a question to retired Justice Rekha Sharma of the Delhi High Court: if it was indeed Ram lala (as most people suspect) then is not the whole Ayodhya judgment vitiated, since Ram lala, through his "next friend" is a party to the dispute? Even by our dismal standards of jurisprudence we can hardly have a judge consulting one of the petitioners in a case as to what type of order he should write! Justice Sharma would not be pinned down on this question, but she was obviously uncomfortable with the point raised by Thapar. It would be interesting now, wouldn't it, if some lawyer were to file a curative petition in the SC on this point to challenge the judgment?

Justice Sharma was, however, emphatic that Justice Chandrachud's admission had lowered the image of the court. What if it had been a Muslim or Christian or Sikh judge claiming that he/she had consulted his/her God before writing a judgment? There would have been a majoritarian outrage, charges of a "judicial jihad" would have been bandied about by the likes of the Assam Chief Minister whose career is based on his study of jihads, and all manner of bhakts would have descended on Jantar Mantar, like the proverbial "Shivjiji ki barat". In contrast, the present Chief Justice will in all probability be well rewarded for his epiphany. One good turn, or about-turn, deserves another.

Will every court now have a temple attached to it, for ease of doing judicial business? After reserving a judgment the concerned bench could repair to the temple (the five star hotel with the bar comes later), confer with the deity of choice, and then announce the order. Or, better still, why have these pesky and expensive courts at all, which are nothing but convenient venues for gangsters to shoot down their rivals?- replace them with temples and head priests who will function as the Registry and convey the divine orders. We could adopt the Himachal model for this, where the "devtas" speak through their spokesmen or "gurs" and tell the simple Himachalis what to do. I would suggest that a committee of judges should go to the remote Malana village in Kullu to study this model: right now the "gur" of Jamblu devta has told the government that the devta does not approve of the Kullu- Bijli Mahadev ropeway; in years past it was the "gur" who also approved the tour programmes of officials who wished to visit Malana on duty!

The complexity of the Pandora's box opened by CJI Chandrachud is mind boggling. There are approximately 17000 judges in India; what if each one of them decides to consult his or her family God before passing judgment ? There is also a strict hierarchy of gods and goddesses in our religion, which you tamper with at your own peril. This shall make the whole appellate process of our jurisprudence chaotic. What if the god of the trial judge is superior in the divine hierarchy to the god of the appellate judge? Whose judgment will prevail? And how will a Bench ever come to a final conclusion on a matter if the respective gods of the member judges are unable to agree? What if the senior most god (not judge) on that Bench insists on exercising his veto, like the USA does on Israel?

No, sir, this new jurisprudence will not work, not even in Naya Bharat. The Ayodhya judgment must be struck down as non-est. A Joint Parliamentary Committee should be immediately constituted to investigate whether the gods were also consulted while passing orders on a host of other cases- rejection of the EVMs petitions, denial of bail to Omar Khalid, upholding of the abolition of Article 370, multiple rejections of the bail applications of the Bhima Koregaon "accused", junking the Rafale case on the basis of sealed covers and redacted statements, papering over the charges against Adani and SEBI in the  Hindenberg expose, giving the quietus to the  Pegasus inquiry report, the disembowelling of the Places of Worship Act, the refusal to investigate the mysterious death of Judge Loya, and so on. We must know whether we are still a democracy or have silently, through a judicial coup, become a theocracy.

And Justice Chandrachud, of course, should stop digging, for he will be sorely disappointed in his attempts to uncover a destroyed Hindu temple under the Supreme Court.

A BIRDIE IN HAND IS WORTH AN EAGLE IN THE BUSH - MUSINGS ON GOLF

 The ever effervescent PG Wodehouse once said that golf, like measles, should be caught young as it builds character. For it takes a strong character to hit the ball on to the wrong fairway and yell FORE instead of F--K ! Unfortunately, I missed the bus on that one and discovered the game quite late in life, which goes some way in explaining my many failings. I have been playing golf for the last fifteen years now, give or take a year or two when I ran out of balls. The word "playing", however, should not be taken literally but as a figure of speech, denoting intention rather than accomplishment. As in: going shopping without actually buying anything, or going fishing without catching any fish, or going electioneering without winning any seats (also known as the Rahul Gandhi SOP), or, as as in the case of Joe Biden, speaking without saying anything. So has it been for me. According to my life-caddy, Neerja, who accompanies me to the golf course to ensure that I don't do any bodily harm to myself with my wild swings, I spend roughly 10% of the time on the fairway, the rest of the time being spent in the bushes looking for-you got it- my balls.

I'm a human compass: it doesn't matter in which direction I aim to drive the ball-it always goes north, usually causing some minor damage, like a Hezbollah rocket. Once I almost decapitated two tourists  at the Naldehra course in Shimla, and I've clobbered my good friend Yatish Sood so many times that he now goes off to his lovely retreat in Kangra whenever I'm slotted for a game. The flag on the greens is lowered to half mast whenever I'm playing. The informal economy of the Naldehra Golf Club, which is surrounded by dense forests, ravines and gullies, is largely dependent on me: I usually lose ten balls every time I stride on to the fairways, these are retrieved by the caddies at night, and sold back to me the next day at heavily inflated prices. I am proud to have created the circular economy which economists have been striving for for so long!

I have a handicap of 18, but that's only because that's the maximum of the scale; without any capping I would go off the scale, like the soprano Maria Callas when she has dined well. Which brings me seamlessly to what I've actually been meaning to write about- the peculiarities of this ancient game.

                                      

Golf was apparently invented in Scotland in the 16th century, purely by accident: a Scotsman was hitting small round stones with a stick one day and one of them went into a rabbit hole and killed the rabbit. The wife was so impressed with the free meat for dinner that she encouraged her husband to whack stones the whole day; it also got him out of her hair, and wives all over the world have been grateful to this far-sighted lady ever since. Because now golf has spread globally, it is played in 206 countries, more than the number of countries in the United Nations: the remaining ones are too small to fit in a golf course. Contrary to popular belief, it is golf and not scotch whiskey which is Scotland's biggest export. It was called golf because the Scots had used up all the other four letter words to describe the English.

As is to be expected, golf is just as peculiar as the country of its origin, where men wear skirts (you can get kilt if you laugh about it), dragons are unapologetically named after women, and the sausages are square shaped; Scotland is also the only country which is happy about global warming and rising sea levels: you see, they can sit on their cairns or sgurrs (mountains) and watch the English drown. The Mecca of golf is St. Andrews; Neerja had visited it once to watch the burly Scots playing there in their kilts. She told me that she saw more balls in one hour than what one can count in a day in a rugby locker room full of jocks. She brought me a St. Andrews golf cap; I've never worn it, it's too precious. 

There are other strange aspects of this game. Golf and sex are about the only things you can enjoy without being good at it. If you hit the ball to the left it's a hook, if to the right it's a slice, if by some chance you hit it straight it's a miracle. It's the only game I know of where the chappie with the lowest score is the winner. The lower your handicap the better player you are. The more books you read about golf, the worse your game becomes. A hole-in-one is  rarer than a triple century in cricket, and far more expensive because then you have to pay for the drinks. Shots are named after birds, the larger the bird-name the better the shot- birdie (one under par), eagle (two under), albatross (three under), condor (four under). I've never heard of anybody hitting a condor, because that would mean hitting a hole- in- one on a five par stretch- an impossibility. But miracles do happen, you know- who thought, for example, that BJP would win the Haryana elections? Or that the Ayodhya judgment was written by God, not judges?

If you're thoroughly confused by now, dear reader, you will realise why I hit more cows and fire engines than birdies. But I'm not giving up-didn't someone say that the greatest oak was once a little nut which held its ground?

A LEGACY THAT IS BEST FORGOTTEN

 These days Mr. D.Y. Chandrachud, Chief Justice of India,  is talking of, and worrying about, the legacy he will leave behind when he retires from the job next month. And well he might. He was elevated to this position at perhaps the most critical juncture in the nation's recent history, when every democratic and humanist principle was being crushed under an unstoppable electoral machine and a government on steroids. When his last four predecessors had let down the country and had walked away into an inglorious sunset with their sinecures and post retiral benefits. Never before had the nation nurtured such high expectations and vested so much hope in an heir apparent to the Chief Justice's chair. The legacy of Mr. Chandrachud will be that he too let the nation down.

Honesty, said Shakespeare, is the best legacy; sadly, his Lordship has been less than honest, with us, and to himself. At seminars, key-note speeches, valedictory functions, convocations- even in his obiter dicta- he has always hit the right notes: stressing on individual liberty, freedom of speech, religious pluralism, constitutional safeguards, the responsibilities of the court to hold the executive accountable. But within the sanitised confines of his courtroom he seemed to lack the courage of his convictions, leading many to wonder whether he had any convictions at all. In the words of Alexander Pope: he was willing to wound but afraid to strike. That is not the proper foundation for a judge's legacy.

The Supreme Court's records will speak for themselves in times to come. Justice Chandrachud had many opportunities to do the right thing, to restore the autonomy of institutions (appointment of Election Commissioners), to reign in rampaging state governments (the bulldozers of U.P., Nuh and Uttarakhand), to prevent the illegal surveillance of citizens (the Pegasus "inquiry" where the Union govt. dared to tell him that it would not cooperate!), the restoration of statehood (in Jammu and Kashmir), to restore legitimately elected governments brought down by totally illegal means (Maharashtra), to restore faith and credibility in the electoral process (the repeated petitions to return to paper ballots or do a hundred percent verification and matching of VVPATS), to question an unaccountable Election Commission on its dubious actions and decisions ( delay in uploading voter counts, non-issue of Forms 17C, mismatch in the votes cast and votes counted, failure to take action under the Model Code of Conduct against high functionaries of the government).                                                                                                                                                   Perhaps the worst of all was that, under his Lordship's watch, thousands of social activists, journalists. dissenters, academics continue to languish in jails without a trial or even bail. Omar Khalid's bail petitions have been adjourned, I believe, 14 times with a succession of judges recusing themselves without any explanation. The Koregaon accused are being released on bail in instalments, as if justice is a divisible commodity. Some of them have even died under these conditions (the 80 year old Stan Swami), or as a result of the inhuman treatment meted out to them while in custody, the most recent being Prof G.N. Saibaba, a man with 90% disability who was kept in jail for almost a decade without being convicted of any offence. And the most outrageous of all these stains on the court is that, when he was acquitted by the Bombay High Court, the Supreme Court took the unprecedented action of convening the very next day on a holiday, and stayed the High Court order! And which historian can ever forget the Ram Janam Bhoomi order, in which faith of the majority community, not legal evidence, was made the basis of a judgment that should shame any country or its judiciary? Or the photo of the Hon'ble judges celebrating the judgment with a dinner and wine at a five star hotel, a judgment which (as per press reports at the time) none of them signed- another first in our sorry history.

Under Justice Chandrachud's watch the Center was allowed to defenestrate the Collegium even further, with its tactics of delays, pick and choose, or simply sitting on the recommendations: he did make some noises initially, but then adopted a strategic silence. The same fate has met the dozens of habeas corpus petitions now interred in the registry of the court. The SEBI (Hindenberg) and Pegasus inquiries were never followed up to their logical conclusion, and the can of worms opened up with the Electoral bonds judgment was hastily shut again, an enforced closure of what had begun to look very much like a sovereign extortion racket. 

For all his high oratory about the majesty of the court and accountability of the executive, not a single govt functionary has actually been punished, to the best of my knowledge, not even the Returning Officer of the Chandigarh mayoral election who was caught red handed in an electoral "flagrante delicto" in an official video. Not the encounter specialists, the bulldozer bureaucrats, or the regulatory agencies, even when the Court held the arrests to be illegal both procedurally and on merits. It is true that Mr. Chandrachud himself was not directly responsible for all these commissions and omissions, dictated by other benches, but as the Chief Justice of the court he has to share the blame. He is, after all, the head of the institution, its chief administrator, the primus inter pares, and most important, the Master of the Roster. If you take credit for the thunder you must take the blame for the drought.

He watched in silence the creeping politicisation of some of the High Courts, their judges openly expressing allegiance to religions, the religious biases in their judgments, judges joining political parties and even standing for elections immediately after retiring, retired judges attending religious conclaves. The issue here is not about the legality of these predilections but about the spirit of the constitutional values they are supposed to uphold. As Justice Chandrachud himself was wont to remind us often, the spirit of a law is just as important as its letter. And therefore it was important for him to have spoken out loud and clear, to remind his brother judges of the inappropriateness of their behaviour, of the judiciary's own Restatement of Values of Judicial Life, which the Supreme Court had issued in 1997. The Chief Justice of India occupies a position on the country's moral pedestal much higher than his position on the  Warrant of Precedence- his every word carries weight and has the capacity to influence the nation's discourse. Given his fondness for preaching from the pulpit, it was incumbent upon him to have reiterated the moral and ethical red lines for the conduct of judges. By not doing so, he has, by default, become a party to the judiciary's decline during his tenure. 

To be fair, he has passed some praise-worthy judgments, as on decriminalising homosexuality, rights of transgenders etc. But the true test of a superior judge lies in his ability to stand up to the executive, and in this respect his judgments have been few and far between; in fact, it requires an effort to recall them. Far too much time was spent in grandstanding, wasting the court's time on issues it had no business getting into- the farmers' protest and the RG Kar Medical College cases are just two instances where he seemed to be playing to the gallery. Both cases have diminished the court's image- the farmers refused to heed its suggestions in the first one, and the doctors summarily rejected the orders to return to work. Perhaps someone should have reminded the Chief Justice of the first law of public administration- do not seek to expand your area of concern beyond your area of influence.

And even while he is on his way out, Justice Chandrachud will not give up his penchant for empty symbolism: just this week he has inaugurated his version of the statue of Justice, he calls it Lady Justice. The lady now does not have any blindfolds ( "justice is not blind"), and instead of a sword she now holds a copy of the Indian Constitution. I for one am unmoved by these histrionics, for to me the three monkeys of the Mahatma are today more reflective of the state of our justice system- blind, deaf and speechless.

One does not write this piece with any joy, but with a deep sense of regret at what could have been. Here was a man, a judge, who is a scholar, a decent human being, a compassionate individual, a penetrative legal acumen who could have done much to bring the country out of the morass it is being shoved into. The tragedy is not that he failed to do so, but that he chose not to. If only he had learnt from the words of that exemplar of virtuous service whose legacy will live on for generations, Mother Teresa: 

The world is changed by your example, not your opinions.

Farewell, your Lordship; we wish you well, notwithstanding your betrayal of the nation.    

VOODOO ECONOMICS - DON'T ILLEGALISE THE BRIBE- TAX IT !

 Many years ago, more years than I care to remember, I was posted as a probationer under district training in Mandi district of Himachal. On two days every week I had to sit with the Deputy Commissioner (DC) in his court when he heard grievances and received petitions from the public. The purpose was to give me an idea of the issues which concerned the public and how to deal with them on a one to one basis. One day a distraught PWD contractor presented himself before the DC and wanted to know what the officially approved rate for a bribe was in the department! He explained that he could not balance his budget for various works with any predictability as different officers wanted different amounts as bribes. He requested the DC to give him a copy of the G.O ( Government Order) in which the rates were specified. The DC assured the poor chap that he would try to get the order but in the interim he should not pay any bribe to anyone.

That was 50 years ago and nothing has changed during this period, it would appear, except that now the rates have gone up manifold under the effect of demonetisation, GST, digitisation of all transactions and PayTM. It is an axiom of the financial underworld that, the more difficult governments make the process of bribery, the higher the rates. Especially if most of this undeclared wealth is sucked out of the system by one entity through sophisticated and sovereign instruments like Electoral bonds and PM Cares!

Who says there's no transparency in this government? Last year local papers published an alleged rate list of the prevailing "baksheesh" in one of the police stations of a western UP district. Now, this is exactly what that supplicant in Mandi wanted, as an important element of ease of doing business. In another reported case in our most progressive state, this year itself, the peon or "chaprasi" of a Naib Tehsildar wrote a letter to the District Magistrate complaining that he was not being given his fair share of the bribes received in that office! He stated that it was his job to extract/collect the bribes, for which the going rate for peons was Rs. 1000/ per day, but he was being paid only Rs.500/- He also demanded that the going rate should be enhanced to keep pace with inflation. Both legitimate grievances, to my mind, when even the Finance Minister cannot afford to eat onions. ( Predictably, the said minion denied that he had written such a letter).

Just last week the press was agog with reports that some thieves had stolen Rs. 65 crores from the house of a retired but still powerful IAS officer from U.P. in a north India hill station. Now, that is the quantum of alleged bribes which brought down Rajiv Gandhi's government, but it is a sign of the Ram Rajya times that it cannot now lay low even a bureaucrat. The officer has not filed any police complaint- he's not stupid, see, that's why he got into the IAS. But efforts are reportedly being made behind the scenes to get his hard earned money back; I would not be surprised if Mossad is roped in to do the job, once they have finished off killing what remains of the Hezbollah leadership, that is.

Bribery-both the giving and taking-is inbuilt into our DNA, even before we evolved from the apes. As definitive proof one just has to go to the monkey infested Jakhoo temple in Shimla. Nine out of ten visitors there will have their handbag or phone snatched by a monkey: the ape will promptly climb a tree and will return your item only after you have proffered a bribe of a banana or orange ( these days they insist on hamburgers or pizza slices.) So bribery is nothing to be ashamed of- it is an inherited evolutionary trait, like stupidity and the urge to beat up wives.

Which is why I strongly believe that the government should stop fighting it and legitimise it. Economists, as usual, cannot agree on whether corruption is good or bad for a country's economy. One group maintains that it lowers GDP growth rates by discouraging foreign and even domestic investments. The other lot differs-it opines that in a heavily regulated and policed economy (like India), corruption should be viewed as "virtuous bribery"- it acts as a deregulation instrument, greases the wheels of the economy, cuts red tape, promotes quick decision making. A third lot feels that there is something like a Laffer's curve in corruption, i.e. bribery is good for the economy up to a certain point, but beyond that it becomes extortion and its benefits to the economy start declining. The jury is still out on this, just like it is in the bail applications of Umar Khalid.

I tend to go with the second lot, after observing the phenomenon at close quarters (sometimes too close!) for 35 years. In our country, without this grease nothing would ever get done- no roads, no bridges, no recruitments, no projects, no welfare schemes. So (and I'm applying for a patent for this idea), why should the government not get a slice of this virtuous pie? According to Prof Bibek Debroy and Laveesh Bhandari in their seminal book, Corruption in India: the DNA and RNA, the total quantum of bribery in India could add up to 1.26% of India's GDP, and at current levels  would be 300 billion US dollars. My suggestion, arrived at after much burning of the single malt, is that the govt. should make bribery legal and impose GST on it. The GST rate would, of course, have to be 28% since bribery is a " sin goods". This would net the exchequer almost 90 billion dollars per annum ! More than enough to pay for the PM's planes, cars, foreign peregrinations, self-publicity, Central Vistas, statues and even the dreaded MSP. A win-win if ever there was one.

The collateral benefits would also be welcome- winding up of the Enforcement Directorate, down sizing the Election Commission and the CBI, a full stop to arresting opposition Chief Ministers, etc. And do spare a thought for that poor IAS chap deprived of his hard-earned 65 crores- he will finally be able to lodge an FIR- after paying a bribe, of course.

" SLOW LIVING" AND THE BOB DYLAN PARAPROSDOKIAN

 At about this time last year my elder son quit his very well paying job as a senior executive in a multi-national: he had had enough of the El Dorado mirage sold by the IIMs and IITs. He had been working 14 hour days non-stop for 16 years, paying Rs. 65000 a month for a flat in Gurgaon where he just went to sleep, lunched and dined exclusively on Zomato and Food Panda, could never find the time to relax in our Purani Koti retreat near Shimla, his liver was beginning to get pickled in Blender's Pride. In short, he was on the verge of a burn out, maybe a couple of puffs away from being stubbed out like a cigarette. One day he saw the light, ignored Mr. Narayan Murthy's exhortation to work 70 hour weeks, regarding with justified suspicion Ms Sitharaman's pious advice to fight work pressure through "inner strength by reaching out to God." His decision to ignore her too was made easier, he told me later, by the possibility that by "God" she meant Mr. Modi, and since he himself "worked" 18 hours, reaching out to him would be futile (as Kangana Ranaut has recently discovered).                                                                                                                                      So, one fine foggy morning in Gurgaon he pinged his boss that he was quitting (that's how they do the hiring, firing and resigning these days, no "Dear sir, it is with profound regret that ..." letters as in our days), packed his suitcase and pooch in his car and joined us in Purani Koti. He now lives off his savings, work-from-home consultancy projects, articles on the auto world, and "revdis" from my pension whenever the state govt. periodically emerges from bankruptcy and doles it out to me. He now has the time to indulge in his passion for photography and gardening, and is currently trying to grow bananas and "peepul" trees at 7000 feet in an area which gets three feet of snow every winter! I'm personally sceptical of that last bit, but who knows- after all, they laughed at Satyanand Stokes when he brought apple plants from the USA, didn't they? And today Himachal is an apple state. If my son succeeds we may yet be a banana republic soon.

Welcome to the world of "Slow Living", the latest concept that is catching on with Gen X (or Gen Z) across the world. More and more of them are just chucking the rat race with its slave-driving, toxic work culture and sweat shop values which just last month took the lives of Anna Sebastian in Mangalore and Sadaf Fatima in Lucknow. These bright youngsters prefer to return back to nature, renewing relationships with family and friends, and doing what they WANT to do- not what neo-capitalism, voodoo economics and the Sanjiv Sanyals of the world expect them to do. Slow Living is the next best thing to a govt. job where you can effectively retire the day you join and nobody will even notice even as Pay Commissions keep hiking your salary and pension with predictable regularity. He has my full support: it is this generation which can perhaps save our once blue planet since my generation has completely abdicated its responsibility. 

This choice of life-style, however, is not all fun and games: it requires the making of responsible choices- in consumption, expenditure, manner of living- since one's income levels drop substantially. It forces one to make an inventory of the important things in life and discard the redundant, superfluous and the wasteful materialism inherent in the "keeping up with the Junejas " South Delhi mentality. It goes hand-in-hand with another trend being increasingly embraced by planet conscious Gen X- Minimalism.

Minimalism is simply "living with less" by decluttering one's physical spaces, reducing unnecessary consumption, seeking quality over quantity, travelling less, curation of possessions to have only the essentials, focusing on personal values rather than reacting to competitive pressures. This is what Slow Living is in essence, and I am now witnessing more and more youngsters consciously opting for this life style and minimalist framework. Just to cite examples of how this works: there is the "sniff test" for clothes- do your clothes need to be washed so frequently, consuming more water, soap, power? Sniff the clothes for malodorous smells- this will probably tell you that you could wear them for another couple of days before consigning them to the washing machine. (A single washing machine discharges 480 kgs of green house gases every year). Then there's the "one in, one out" principle: don't keep adding to your possessions unnecessarily- buy an item only as a replacement, not as an addition, discard the first before buying the second. "Tiny living" is another idea that is gaining traction- small homes (why do you need five bedrooms when it's just you and your wife and maybe one kid?), away from the congestion and pollution of metros, off-grid as regards power and water, self sufficient with solar and rain water harvesting.

A  minimalist life style is good for mother Earth too- the culture of over-consumption, so assiduously promoted by economists, governments and big corporates, has led to the depletion of natural resources and ravaging of forests, rivers, lakes and mountains. Reducing this demand for goods and products and minimising possessions lowers the strain on the natural environment, reduces waste, cuts down on carbon emissions. It is a far more sustainable model of life than the blind GDP growth driven models being foisted on us; in fact, I would go further and say that it is the ONLY life style choice which can save us and the planet from another extinction.

And here's the final, clinching argument which has eluded us but has been instinctively grasped by the younger generation- you are happier as a person when you have minimised your needs. This has been scientifically captured now in a concept which is known as the Easterlin Paradox. This states that happiness does not increase with more money. Happiness is directly proportionate to money up to a certain point, but once your basic needs are met more money does not mean more happiness. After this point happiness is defined, not by money, but by meaning of life, purpose, relationships, contribution to society. (The reader is probably reminded here of Maslow's theory of Hierarchy of Needs). In fact, without the latter components, after that point more money means more worries, tensions, fears and even depression. Bob Dylan put it in a much simpler, easy-to-understand language six decades ago when he sang: "When you ain't got nothing, you've got nothing to lose...."

I'm glad our sons and daughters are beginning to hear this music.

HIMACHAL SHOULD REGULATE TREKKING TO MAKE IT SAFE AND ECO-FRIENDLY ( II)

 

RESTORE  THE  WILD  IN THE  WILDERNESS

[ The second of two blogs on the subject. The first was published on the 30th August, 2024.]

The Himachal Chief Minister recently announced that the state govt. has identified 50 new locations for developing tourism, including adventure sports. The prospect fills me with dread, because the govt.'s track record in this respect so far has been an environmental disaster. Forget the mess in Shimla, Manali, Kufri, Mashobra, McLeodganj or Kasauli. In recent years this tentacle of "development" has seized within its coils places which were pristine areas even ten or fifteen years ago.

The govt's concept of development usually consists of just building bad roads to provide easier vehicular access to these areas, and to allow the mushrooming of hotels, shops, guest houses, home stays without any regulation or regard to carrying capacity. I can quote any number of examples of places which have been turned into environmental shambles to "promote" tourism: Bir-Billing, where so many unauthorised constructions have come up that paragliders have difficulty in locating safe landing spots (and now a wholly unnecessary motorable road is being built from Billing to Rajagunda, towards the majestic Thamsar pass, which will spoil a lovely trek); the road to the sublime Hatu peak above Narkanda:what was once an idyllic 8km walk through dense deodar and oak forests has now been converted into a twenty minute drive and the once verdant pastures at the top have become rutted and dusty parking areas; a road has been built right up to Prashar lake in Mandi district-it has devastated the meadows there, and the unscientific cutting has become the cause of continuous landslides there; another ten km road is being built right through the heart of the Choordhar wild life sanctuary from Nohradhar, and just last week the NGT has issued notice to the state govt. for constructing a road through the Shikari Devi WLS.

All this is just sheer madness- these roads will result in deforestation on a massive scale, calamitous effects on the wildlife in these dense forests, unregulated construction and the consequent scarring of the landscape and generation of thousands of tonnes of muck and debris, blocking of nullahs and water courses, the ingress of thousands of vehicles and even more thousands of irresponsible tourists every day. The revered pilgrimages that added so much value to the traditions and mystique  of the state- Mani Mahesh in Chamba, Shikari Devi in Mandi, Kheerganga in the Parvati valley, Kinner Kailash in Kinnaur, Srikhand Mahadev on the border of Shimla and Kullu- now look like mass migration routes between Columbia and Mexico. Tens of thousands of so called "pilgrims" descend on these valleys and mountains every year leaving behind thousands of tonnes of garbage, plastic, human waste and denuding the nearby forests for their cooking and camp fires. Even the highly endangered and precious "dhoop" shrubs are pulled out by their roots and used for fuel.

What were once challenging but enjoyable treks have now become Ola and Uber rides or overcrowded linear garbage dumps, and the natural wonders of the state are being consumed irreparably at a frightening pace. The wild is being removed from the wilderness. It is high time the state govt. reversed this trend and changed its policies at least towards the few remaining genuine wild spots in the state. We have to preserve this wilderness, their ecology and biodiversity and wildlife for future generations. Other countries have realised this and are taking steps in this direction: from Australia to Brazil, from the UK to Chile, landscapes, abandoned farmlands, ranches, golf clubs, used up quarries are being returned to the wild and reforested, not just by governments but also by private trusts and philanthropists who raise funds for the purpose.  Himachal should learn from them, even if the rest of India doesn't.

First, control the numbers. Another troubling proclamation by the Chief Minister is that the state intends to more than double its tourist arrivals to fifty million by 2030. This would be apocalyptical - there is just no way a state of seven million can sustainably handle such a number, seven times its population. Instead, go in for quality, not mass, tourism. Forget about the bleeding hearts who object to pricing out the "poor": tourism is a product, like any other, and if you have a unique product (like Himachal's natural landscapes) don't short sell it. If people can pay Rs. 500 for a ticket for a Salman Khan trash film, or thousands for a Coldplay live performance, they should not complain if they are asked to pay the same, or more, for the sighting of a brown bear or a western tragopan in the Great Himalayan National Park, or being able to see the coruscating beauty of the night sky at Mantalai lake.

Second, start charging for the treks, depending on their length, environmental impacts, altitude, proximity to glaciers and snowfields, fragility of the landscapes, number of camping nights. One was happy to read that trekkers and campers at Triund are now being charged Rs.250 per night. It's a good beginning, but the fee needs to be raised to at least Rs. 500 per night. Triund is right at the base of the Dhauladhars, the terrain is rocky and fragile, it has no water or toilet disposable facilities; the footprint of any camper there is huge, and he/she should be charged proportionately. For longer treks, the charges should be a minimum of Rs. 500 per night. Part of this levy should go the local EcoSoc (Ecotourism Society) for maintenance and cleanliness of the trails/ areas.

Three, impose a complete ban on camping at altitudes above 3800 metres or in the vicinity of glaciers. This is also the recommendation of a group of scientists/geologists who have studied the impact of camping at high altitudes in Ladakh, Himachal, and Uttarakhand. ( Save the Himalayas: Ban High-Altitude camping, say Ecologists. HIMBUMAIL. 5th August, 2024.) They have found that the camp fires, vehicle emissions, decaying waste matter etc. raise the levels of aerosols and black carbon in the immediate area, leading to a more rapid melting of the glaciers. They have specifically noted this process in the Bara Shigri glacier and in the Chandratal- Batal area in Lahaul Spiti. There is also the issue of the trash and human waste left behind in these pristine landscapes, exposing the local rare wildlife to germs and diseases they have no immunity against. 

It was heartening to note that, as of last month, the local Divisional Forest Officer has banned camping at Kheerganga in the Parbati valley in Kullu. ( Last time I was there the place looked like the Tibetan Dhaba area of north Delhi). This bold initiative, however, has to be extended to other environmentally sensitive areas such as: Chandratal lake, Mantalai lake, all the area above Bhim Dwar on the Srikhand Mahadev trek, the entire area between Nalanti and Chitkul on the Kinner Kailash trek, the Choordhar peak. The Forest department should do a survey of such areas and compile a list for purposes of notification and enforcement.

Four, the Himachal govt. should wake up to the massive degradation that is being caused by so-called "spiritual tourism" in the remoter regions of the state, triggered by the flood of humanity that swamps these destinations every year. Just to give an example: in 1976, as the SDM Chamba, I had accompanied the "yatra" to the holy Manimahesh lake: at that time there were perhaps just about three hundred pilgrims, but even then it was a problem ensuring the cleanliness of the camping grounds at Hadsar, Dhancho, Donali and Gauri Kund. After this year's yatra 8 tonnes of garbage has already been collected by volunteers but much more still remains. Today, about 6 lakhs to 7 lakh people visit the lake on the yatra. This is simply unsustainable: I'm told the lake is full of trash and plastic, the entire trail resembles an elongated latrine pit. I have no reason to believe that the same is not happening to other "yatra" trails- Shikari Devi, Kinner Kailash, Choordhar, Srikhand Mahadev. The govt. should immediately do something about restricting the numbers on these yatras, before we reach the same depths of degradation and destruction as the Char Dham yatra of Uttarakhand. ( To realise what the deplorable current state of the Char Dham yatra route is, one must read an article by Priyadarshani Patel- Char Dham to Char Daam: Desecrating the Himalayas in the Name of "Spiritual Tourism" in THE WIRE of July 13, 2024).

And finally, even nature needs a rest to recover. All trekking trails, especially the high-altitude ones, should be shut down for a year or two at periodic intervals to allow the ecology and wild-life there to  recover and recuperate, reclaim their natural and breeding rhythms, to get a respite from the incessant noise, disturbances and foraging of plant life by thousands of trekkers every year. Many countries faced with similar over-trekking issues are beginning to realise this and have started providing these regular breaks.

The policy makers in Himachal need to wake up urgently to preserve the unique natural landscape of the state. Its over exploitation should be stopped before the devastation reaches a point of no-return. Sustainable policies should be put in place which harvest natural assets scientifically and not squander them recklessly for short term gains. Mother nature will not offer a second chance.

THE UGLY FACE OF HIMACHAL

For the last two weeks now the otherwise tranquil state of Himachal has been roiled in a vortex of Islamophobia, despicable politics, violence and opportunistic silence by those who should be speaking out. Right wing inspired crowds have been flooding the streets of Shimla, Mandi, Solan, Hamirpur and elsewhere, protesting against illegal mosques and "outsiders"(which is sanghi-speak for Muslims). The state government, as usual, has been caught on the back-foot and is scrambling to contain the trouble. Notwithstanding its ineptness, however, the Chief Minister has to be commended for taking an unequivocal stand against vigilante justice and mob violence, and for insisting that the issues shall be decided in the courts and not on the streets.

The sudden and simultaneous mushrooming of these protests at a dozen different places in the state is no coincidence or happenstance, it is part of the BJP's efforts to destabilise the Congress govt.: the BJP is not a party that espouses the Christian virtues of charity and it has neither forgotten nor forgiven the Congress for trouncing it in the elections in 2022. Ever since then it has been fomenting trouble for the Sukhu government- inducing defections, encouraging factionalism within the Congress, denying the state its rightful revenues in order to weaken it financially; the masjid issue is part of this despicable continuum. It is trying to do an Uttarakhand in Himachal, shamelessly and without any concern for the strategic location of a state which borders both Kashmir and Tibet.

The two main demands- instant demolition of "illegal" mosques and verification of "outsiders"- are both contentious and open to question. Firstly, the singling out of mosques alone is mischievous and gives the game away. According to the Town and Country Planning Deptt. there are more than 15000 illegal/irregular buildings in Shimla alone. Furthermore, in an article in the Tribune the ex-Deputy Mayor of Shimla, Tikainder Singh Panwar lists out four popular temples and one gurudwara in Shimla which too are illegal (there will be many more), but no one is making a song and dance about them. Quite clearly, then, what is under attack by these fundamentalists is not the building but the religion.                                                                          Secondly, the exact legal status of the mosques in question is not clear- are they encroachments on govt. lands, have they been built without the requisite approvals, or are the constructions violative of the sanctions ? These are questions which have to be decided by the courts, not the mobs, and in most cases the matters are already being adjudicated by the courts. The Chief Minister has already announced that the cases shall be fast tracked, and in at least two cases (Sanjauli and Mandi) the masjid authorities have either demolished the offending portions themselves or have sought permission to do so. This should have brought closure to the protests, but closure is not what these Islamophobic outfits are interested in- they want to keep the pot boiling, and so they have now shifted to their second demand, "verification" and detention of outsiders- shorthand for barring the entry of labourers, traders, vendors of a particular community into the state. This is something which has become quite common in BJP mis-ruled Uttarakhand but has so far found no traction in Himachal, which has just 2% Muslims.

This demand is straight out of a Nazi tool-kit. India is a democracy and the Constitution gives its citizens the right to live anywhere, practice any profession, and to live life with dignity and freedom. The mobs want these rights to be taken away from the Muslim migrants, and to give in to them would be to convert Himachal into a police state. "Checking" of "outsiders", as demanded, would mean stopping and verifying the papers of every person coming in at the border, something which cannot be done in an open society without specific inputs or cause. And to what purpose, since everybody these days has some ID or the other? And don't forget that Himachal is a tourist state, with almost 20 million "outsiders" visiting the state every year- that would mean checking 50000 people EVERY DAY at the entry points! Or should the police check only those who wear clothes of a particular type, or sport a particular kind of beard?

The Chief Minister has already announced that a comprehensive policy for vendors/ tehbazari would be formulated and only those who have a licence would be allowed to do business on the roads. This should have settled this demand as well, but what is being attempted here by the BJP/VHP is just another version of the economic boycott and exclusion of a particular community. It is no coincidence that the current protests and demonstrations are led by the various Beopar Mandals and the business community. Their real targets are the vendors and small street businesses, a large part of which is in the hands of Muslims. It is now evident that these groups make a significant dent in the earnings of businesses belonging to the majority community, so off with the formers' heads! There is nothing better than combining business with religion, is there- make a few bucks while earning a few brownie points with your Gods at the same time ?! 

The ongoing protests are specious and nothing but an expression of religious hatred and intolerance. But, equally disturbing is the near silence of other sections of society- members of the Congress itself, other civic associations, the media, other political parties, retired govt. officials who are busy Whatsapping banal and vapid greetings to each other but will not raise their voices on such a core issue. (It is, however, heartening to note that some formations like CITU, Himachal Kissan Sabha, DYFI, AILU and Janwadi Mahila Samiti and others have held a meeting on the 16th and have decided to hold a public peace and unity rally on the 27th of this month.) One of the problems of Shimla is that it has no civil society to speak of, which is why the right wing fundamentalists can fill up the vacuum so easily with their hate and Islamophobia. It is encouraging that the Chief Minister has taken a resolute stand against these elements, but he needs the full support of his own party and high command, the state administration, the common citizens and all those who still value the principles of the Mahatma. At stake is not only a government, but the only secular, inclusive, multiculturally sensitive, law abiding state in north India. It is something worth speaking up for and fighting for.