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As the jallikattu debate heats up and protests rage in Tamil Nadu, there are a lot of ignorant arguments being made in favor of the ban. Trying to dispel some of them.

Bulls are not naturally aggressive

There is also this absurd Facebook video doing the rounds to "prove" it.

This Teacher Showed The True Cruelty Of Bullfighting

Say no to bullfighting!

Posted by The Holidog Times on 20hb Disember 2016

This video is an extremely misleading JOKE. To copy from the last time I commented on it:

This video is extremely misleading bullshit. The “bull” in the video is a calf. Watch him run – all legs, no bulk, total frisky. Still has his baby coat of hair. Adorable max, but really he wouldn’t do anything even if the students petted him. Likely around a year to a year and half old, though guesstimate – not familiar with the development of that breed. The male aggressive behavior is a part of sexual maturity. You won’t see it in calfs!

This is like saying dogs don't bite, because you didn't meet one that did. Describing this in terms of dogs, because more people are familiar with dogs.

There are many breeds of dogs. Some are great companions and pets. Others are better working dogs. Even among working dogs, there is the question of temperament. There's a reason why there are entire breeds called some or the other "shepherd" - these dogs have good protective instincts and stamina. Some dogs are easier to train. Think labradors and retrievers making great dogs for sniffing trails/drugs/etc. Others have a strong fight instinct - they are great for protection work - think rottweilers, German Shepherds, Doberman... You can train a German Shepherd for precise obedience work. They will be harder than a Lab. Expect a lot of cocked heads asking "WHY" - a dog's way of arguing/challenging in "conversation". The occasional pet may save owner's baby in a fire. Only a fool would start using that breed for protection work as a result. It is aptitude. A lot of it is genes and it is taken further with temperament of the individual dog. That is what breeding is about. And then what training is about.

It is similar with horses. Draught horses have stocky and large bodies. Fantastic for pulling. The long legged thoroughbred will beat it for speed, always. A Shetland pony may do neither, but is way safer for your kids to get acquainted to horses with. Mountain ponies would suffer in the heat of the plains, but their surefootedness will have them outperform other breeds on a mountain.

Among cattle, you have distinctions between beef and dairy cattle abroad. Beef cattle are stockier, yield more meat, less milk in comparison with dairy breeds. And so on. Similarly..... breeds of bulls used for sporting events are high spirited. You don't exactly race a bull that wants to plod along. These are the breeds used for sport for any success. Among them, those with aptitude will be raised for sport. Good feeding, possibly some training on what to expect, excellent care. You don't enter an abused creature for a sporting event. These are prime animals selected and brought to form - hardly the sign of an abusive owner!

The cattle are abused by being forced to stand in crowd, etc

And form, in a herbivore is excellent health so the animal responds to the slightest stimulus. Probably the easiest "visual" for an urban person might be... racehorses. Primed, prancing, ready to go. This is rural India and cattle, so "prancing" won't be visibly evident, but they will be restless and reactive to stimulus. This is not abuse, it is BRILLIANT CARE!!! Yes, this means they will react to the slightest thing and will be difficult to control and rebellious. That is how a high spirited animal is. If you want a half dead flogged ox who placidly stands there as the chaos of traffic flows past, you'll find plenty at your neighbourhood garbage dump! Clap a hand next to them, nothing will happen. Clap one next to these bulls, they will react! Not because they are abused, but because they have an excess of energy waiting to DO something. Even if it is not as evident in cattle as in horses. Think of it as your hyper 7 year old in great health restless and bouncing off walls in a place he's made to stand still. Compare with when he's ill. Are you really ABUSING him if he is in good enough health to be bored and restless to GO and you should keep him feverish and placid so no one thinks he's being abused?

Here's a simple test you could try without "animal abuse". Follow a cattle transporter around. See which animals give trouble being loaded in a truck. The half dead ones will walk in. They don't have the energy to react to everything - auto pilot. The better the health is, the more they will resist being loaded on a truck. They will find it unfamiliar and have all the energy they need to be appropriately mistrustful and resist. Is transporting animals abuse? Debatable point.

A large part of the "abuse" videos are this. Controlling cattle to stand in assigned place waiting for their turn. If they stood quiet and didn't need to be controlled, they'd be useless to compete! That just is not how health in herbivorous animals works. A healthy herbivore will take effort to be made to stand in place. Calling that abuse is like saying you prefer them to be half dead and docilely standing where told so you don't have to see them being forced to stand in one place!

Pro-animals, anti-humans

The people being accused of abuse are the same people that got the bulls to fighting condition. It is the same trusted owner holding the bull in place who got him in great health enough to compete! How do I know this? Because only an idiot would presume to handle a bull they aren't familiar with and  only an idiot would allow a prize animal to be handled by strangers. And no livestock would be calmed while restless in a crowd by a stranger. Anyone who owns livestock would know that they aren't strangers harassing bulls they got off eBay to torture, but the owners/carers standing with their prize entries!

The idea that you love those animals more than the people who spend their lives caring for them is little more than your intoxication with yourself as a little know-it-all.

You can fake abuse, you can't fake care

Anyone who owns livestock will tell you that it is impossible to fake good health in an animal. You simply have to do it. Spend time, money, effort, and again and again till they shine and bounce with health. That is the only way to do it. There are no hacks, no shortcuts. If those animals stand there in good condition, you can't convince a livestock owner that they are abused. Abuse doesn't result in animals like that. But you sure can convince an urban person with no perspective beyond their own that the strength needed to control a bull is, in fact abuse.

Livestock are not pets, they are property

Like you wouldn't allow your best, most expensive car to be vandalized because a cheering mob thinks it fun, a bull owner won't allow his bull to be deliberately injured. If it happens once, would you bring your car to such events over and over? So wouldn't a bull owner.

Participants are not film villains, they are people

Bulls have enormous strength. it would take a particularly suicidal person to want to engage with a bull driven out of control with pain. The chances of there being hordes of them at every event are nill to none. Because what sounds like a great evil script to an urban mind is suicidal absurdity to someone who has worked with large animals. These are animals that leap in the air with two people hanging on to them under normal circumstances. Who the hell needs them to be crazed and even more aggressive? If driving them mindless with pain were standard practice, participants would refuse to risk it! Which parents would allow their sons to play with maddened bulls? Note, these animals weigh between 450 kilos for the lightest to around 650 for the heaviest - that is at least five times the weight of any participant in the arena. And with more legs, even more times the power. You don't need a maddened bull going out of control. A normal bull is plenty challenge!

Those bulls can be put to other use

What other use? Castrated oxen are way easier to handle for stuff like ploughing and pulling carts. They could be abandoned on the streets, and likely will. God save the farmer who tries to chase them out of fields they wander into. Of course, the farmer not engaging in a fair "sport" would use weapons. Which goushala will want bulls that will attack the other cattle they have to taken in? What can aggressive bulls do to each other? Here's an example. Also an example of just how much hitting a bull can take without - forget injury - without even losing focus once it has something on its mind. Also handy for a perspective on the "hitting" during jallikattu to control the bulls. What would likely break your and my limbs is barely a deterrent for large livestock. They are stronger. I don't think urban minds fully comprehend what that means in terms of force needed in different situations. So here are two bulls. One of them being hit mercilessly by people with sticks with all their strength. Note how much impact it has on the bull.

I guess this is a good time to mention in comments what use you'd put aggressive sporting breeds to, if not sport.

It is also a good time to understand why I laugh when bleeding hearts claim that prize bulls are terrified of the men in the arena. I most certainly don't support animal abuse. I have personally never used sticks with my animals, but I also spent time with them 24/7 as a nomad and had all the time in the world to train them. I did use stones and I can throw stones like nobody's business. And this is livestock I literally lived in poverty to pamper. Hardly hated them! They were my life! But unlike a couch activist, I KNOW what hurts them and what amounts to little more than a rap to get them to obey. The point is that the amount of force used with a stick is directly proportional to the need for control. This is an extreme situation and you have three people hitting all out, usually, there will be just one. But the "hit" will never be gentle enough for a human. It would be no deterrent whatsoever. That hitting with sticks in the above video is an extreme example and shared more for a sense of how much force can a bull take as compared with the average person's idea of force, but you got to be demented if you think a rap or a poke with a stick injures a bull any more than a hard tap on your shoulder injures you.

At the end of that video, both "brutalized" bulls race off leaving the humans exhausted from hitting one of them staring. THAT is how powerful they are.

Does this mean no abuse happens?

No, of course not. Where there are humans, there will be abuse. But the prevalence of abuse is likely extremely exaggerated because of a lot of urban minds simply having no frame of reference for what is normal. There will be abuse. There will be rich people who may buy prize animals days before events to enter for kicks and don't mind what is done to make the bull more aggressive. But these cannot be the vast majority. Mind you, even among people who buy good animals to enter the events, most will value the bulls. Very few will be rich enough to treat a bull worth lakhs as disposable. Most of those with the best animals will be seeking to enter multiple events and win prizes and fame, not destroy the animals and render them unfit for further use.

There will be people who will be entering random bulls rendered useless by modernization on a lark thinking that they are useless anyway and good if they win something and doesn't matter if they are injured. Such people may even be fine torturing a bull so that it goes out in a blind fight for survival thinking it improves their chances of winning.

The good bulls definitely enjoy the challenge and use serious strategies

Yet, if you see winning bulls, they are strategizing. They know exactly what they are doing and they avoid letting players get into a position to attempt to hold them at all as a first strategy. Study their fights and you will see that they approach it with a more "kabbadi" mindset. Keep an eye on getting a clear exit, feint and move to prevent being caught, find an opening, take it. Stuff like this comes with tremendous training and care. And make no mistake, the bull enjoys the challenge. Aptitude can't be faked and it can't be developed to such extents without the bull being a partner in the process.

This bull, for example has a clear strategy. If he can't be touched, he can't be caught. Full kabbaddi approach to his game. He spins and feints in very fast circles, keeping people at bay (incidentally showing just how much sideways movement a sports bull is capable off - not torture!). Tosses over a few people (notel, he is not goring them), but doesn't let himself get distracted by an easy target. His eye is always on having a clear run out of the area. Holds participants at bay till he gets an opening out and takes it. Over and over. Another bull has a less elegant but equally effective strategy. Aggression. Several times, he gets the first person to approach near the gate and then pretty much brute forces his way through. Proactive overreactions are his deterrent. Note how he catches participants by surprise almost every time till the last, where they simply give him a wide berth.

https://www.youtube.com/watch?v=Ap1SFWeVGc8

I have purposely used compilations about individual bulls, so you are able to recognize their strategy being played over and over with complete confidence. These aren't random defensive actions, this is training at work. Note that the people they hold back effortlessly have also trained and have strategies to catch bulls - that fail.

Any of these entries could easily be confused for a scared bull if seen one off. Compilations like these show how it is a consistent - and winning strategy individual for tbe bull. Far from being a scared victim, the bull is trouncing his opponents with great skill/strength and definite strategy. There are others that come out of the arena rearing on their hindlegs so that their rump is high out of reach for the initial crowd and those attempting are extremely vulnerable to the bull. These are strategies.

Not just do they know exactly what they are doing I even saw a couple of videos where bulls who mostly had a straight run through the participants stop and turn back as though disappointed and expecting more! Animals aren't idiots. That bull knows it could have been more fun. And high adrenaline action is indeed fun for animals with energy to spare. That is why healthy horses NEED regular exercise or they go restless (and usually create trouble by deciding how to spend that energy on their own). That is why grazing animals in peak health often have mock fights with each other. A brisk tussle that they know how to handle is not just not abuse, it is invigorating.

Political psyops against PETA

This is crucially important. It must be said here that the calls to ban PETA are flat out wrong. I see these calls to ban PETA as a standard political practice of using polarization against "foreign oppressor" to consolidate people in solidarity - for politics. Standard extremism script. That it is an anonymous "apolitical" protest suddenly exploded to massive sizes and having very expert social media support stinks of exactly one party that has used strategies like this in the past. That it comes in the wake of a political vacuum in Tamil Nadu makes it all the more certain. Targeting of rights organizations and NGOs interested in protecting animals is not the sign of animal lovers. On the other hand it is very much a sign of a party given to attacks on NGOs, "apolitical" protests against existing governments (note, BJP is in the center and supporting the protests - whoever thinks this is a Tamil uprising against Hindi hedgemony is merely being exploited by their emotions for a political agenda, while the TN government that did everything to allow the practice to continue is being attacked. Subtly, now, but "where is Paneerselvam" is already appearing on protest posters). Remember the IAC protests. Tamilians being led by their anti-Hindi sentiments should note that they are neither the first nor the last to be used in such a manner. Hatred by "animal lovers" for organizations protecting animal rights ought to be a warning signal that all isn't as it appears.

Abuse must be identified and targeted and prosecuted.

PETA have definitely nailed abuse in their videos even if all of it is not abuse. Sharp weapons, irritants rubbed into eyes, etc are 100% abuse. Another channel had done an independent expose showing crackers being burst, tobacco being put into eyes, and the commentary doesn't mention it, but my experienced eye caught a limping bull - a limping bull has no place in "sport". These practices need to be stopped - non-negotiable. And the "massive" protests are a very real risk that political games will bulldoze away all gains made toward regulating them.

But it can't happen if everything gets objected to as abuse. These are neither stupid animals and nor are they as unprepared for sport as the average urban viewer discovering it on youtube. Those on the ground will call you nuts and dismiss you the minute you begin with all the bulls being scared - they so totally are not! Bring the law down on their heads and they will call you the enemy for misrepresenting them and harming their practices.

Which is what we see happening.

There is a very real and urgent need for finding middle ground in the interest of animal rights.

Does the survival of indigenous species really depend on jallikattu?

Well, not all indigenous species. From having over 120 indigenous species, India is down to some less than 40 (these are numbers off my head, but on the conservative side, real likely to be worse). But for the species used specifically in jallikattu, particularly the Kangayam and Pulikulam, it can be the death knell. Let us face it, there would remain no need to breed bulls suitable only for sport if the sport were banned. Far tamer species would be more useful for work. At best, most bulls would be castrated at early age to make them easier to handle. There would be no reason to pay stud fees for expensive bulls if cheap artificial insemination would also mean breeding cattle with higher milk yields. In other words, they would be too much trouble for no use = no one would want = extinction. Like the many other species that no longer exist in India. So, in my view, judging jallikattu irretrievably cruel to animals also means saying that those animals in excellent form are better off not existing at all. The question is, there are plenty of videos on youtube. Do you really see animals that should go extinct?

"Do YOU have any ideas to make jallikattu safer?"

Frankly, as an outsider, I don't think I am the best person to make helicopter recommendations, but from what I see, the following ideas come to mind. I bet local enthusiasts and best breeders will have more.

  • Mandatory safety fencing strong enough to contain a bull that leads to a pen for bulls to escape to and cool down, where only owners/caregivers registered will be allowed to enter. This should be out of sight of the main arena (up/down a slope, around something, etc - up is best - will burn some excess energy off in reaching). This will prevent a lot of the injuries by keeping the bulls in full adrenaline mode away from people and giving them a place to calm down safely (without running into vehicles or breaking limbs on obstacles).
  • Mandatory animal lover/village vet/respected animal lover elder serving as a "referee" kind of character, who will call a halt to all attempts on a bull if it shows signs of undue distress or aggression (no, bursting out of a holding area or bucking people off, isn't distress or aggression - it is reflex). If an animal appears to be going in circles trying to escape and unable to find way out, or if an animal starts attacking the participants, time to call it a day for that animal and let him be led/herded out of the area to the pen. Participants to persist after the referee declares a halt should be disqualified from further presence.
  • Tranquilizer darts and person competent in using them. An animal showing excessive distress or aggression and being beyond control should be tranquilized and taken to the pen to recover instead of risking his or participant's safety with further provocation in the form of attemtps to control it. This is not an ideal solution and shouldn't be standard practice, but more like a "last resort" to prevent injuries.

I will add to this if I can think of something, but frankly, for someone who has no direct stake, I've already said too much. There are too damn many sheharis talking and not enough bull owners.

17

The following is the response by Poorva Joshipura, CEO of PETA India to my article on Jallikattu published yesterday. Obviously PETA India disagrees with those wanting jallikattu to not be banned, but Poorva asserts a similarity between jallikattu and bullfighting, raises questions about injuries to humans and animals and questions the validity of the argument that a ban on jallikattu would harm the survival of indigenous breeds of cattle. 

Dear Vidyut,

I am the CEO of PETA India and I have read your article essentially defending jallikattu.

Please know that nobody ever said jallikattu is bullfighting nor used arguments against bullfighting for jallikattu—jallikattu is jallikattu, a cruelty on its own (which admittedly has some similarities to bullfighting). Jallikattu is a spectacle in which a mob of grown men taunt, chase and deliberately terrify bulls. These animals become so panicked they slip, fall, run into barriers and traffic, and even jump off cliffs, so desperate are they to escape. They also accidentally run smack straight into people while attempting to flee, causing numerous human injuries and deaths. From 2010 to 2014, media outlets reported that there were some 1,100 human injuries and 17 deaths caused by jallikattu-style events, including the death of a child. The actual number is probably higher since many injuries likely weren’t reported in the news.

Your piece, which claims “[jallikattu] is by no means a fight that endangers the animals” and that “the worst a bull will usually come to is exhaustion and injuries” is false, as bulls not only commonly break their bones, but some bulls like some humans also lose their lives. In any case, causing unnecessary suffering and injuries to bulls is also rightly against the Prevention of Cruelty to Animals (PCA) Act 1960. Your point that “I don’t think even PETA will dispute this” is also, therefore, false. It would be nice for you to contact PETA rather than to assume anything and write what you think PETA would say.

On the similarities between jallikattu and bullfighting—since you raised the point—there are many. You say weapons are used in bullfights—well guess what, they are also used during jallikattu events. During jallikattu, in the holding area, participants stab and jab bulls with sickles, spears, knives and sticks in order to force them to run toward the mob of men (which goes against their desire, which is to flee in the opposite direction). In bullfighting, the bulls are often deliberately disoriented. For jallikattu, bulls may be force-fed alcohol for the same purpose. Jallikattu participants also cause bulls intense pain by yanking their nose ropes, and jallikattu participants also punch, jump on and drag bulls to the ground and twist and bite their tails.

You also claim the bulls used for jallikattu are “aggressive by nature and prone to attack”. Are you sure you’re not talking about the jallikattu players? The bulls run helter-skelter not because they are aggressive, but because they are scared. They are so scared they need to be coerced to participate through weapons and the cruel methods as described above.

In fact, a teacher in Mexico conducted an experiment to prove it is not the bulls, but the humans, who are aggressive. The teacher had the students stand in a bullfighting arena where a bull was let loose and matadors used red flags as they do during bullfights. As you can see in the video, the bull just wants to find a way out, and is working on doing so, without hurting anyone:

This Teacher Showed The True Cruelty Of Bullfighting

Say no to bullfighting!

Posted by The Holidog Times on Tuesday, 20 December 2016

The video shows bulls will not attack if not provoked.

So desperate have jallikattu supporters become to be allowed to taunt bulls, they have come up with all sorts of ridiculous arguments, such as that jallikattu is somehow a native breed conservation scheme. Ha! Nothing can be further from the truth. The prevalence of various breeds of cattle used by humans in India is almost entirely determined by the choices of the country’s dairy industry. This is because humans manipulate domesticated breeds to suit their own purposes, such as increased milk production. The industry was determining which types of cow were bred in India long before the Supreme Court confirmed a ban on jallikattu in 2014. In other words, where there is an interest in choosing native breeds over those who are foreign or cross-bred, the influence has to be put on the dairy industry, and that is happening elsewhere. And of course the ban on the use of bulls in performances is just that—it does not prevent anyone from keeping cattle for other purposes should they choose.

You have concluded your piece by mentioning that other animals suffer—but the existence of one type of suffering cannot justify another. If it did, setting animal rights aside, even human rights would never progress. You, as a woman, or me as a woman, would likely never have been educated or have the opportunities we have today if people thought this way.

Thank you very much for including the video shared with you by Sachin at the end, but your inclusion of it will not undo the damage your piece may otherwise do to bulls who need all of the support they get. And by the way, those videos were taken at a time when jallikattu was conducted under established rules and regulations. Pro-jallikattu advocates already made the arguments to the Supreme Court that the spectacle can once again be conducted under such rules, but the court has acknowledged that causing bulls fear and forcing them to run this way is not only the infliction of unnecessary suffering, which is against Indian law, but also incredibly hard on this species of animal in particular. To understand more about jallikattu, please read the attached Supreme Court order.

By the way, it’s not only jallikattu which is banned under Indian law but also dogfighting, cockfighting, bull racing, bullfighting, the use of certain species of animals in performances like circuses and film and more and the bans apply India-wide, not only in Tamil Nadu. That’s because just as it would be wrong to get kicks off of the expense of abusing a woman or a child, it is wrong to get kicks off of the abuse of animals just because they are vulnerable and unlike humans, cannot speak up for themselves.

And for anyone who really wants to show their strength, I invite them to join PETA India. It takes much more strength to stand up for what’s right, than to be part of a mob taunting an animal who has not chosen to be there.

I do wish you would not glorify cruelty to animals, and quite frankly I wish you would take your piece down or modify it. It’s the animals who are the victims here, and the animals desperately need us on their side. Anyway, you have my direct email address now. Please do feel free to touch base with me in the future.

Kindest regards,
Poorva Joshipura
CEO
PETA India

She has also attached: Jallikattu judgement SSC

I will respond to Poorva Joshipura, PETA India separately later without detracting from it in any way here. My hope is to find a middle ground that does justice to both animals and man. I welcome your views as well. A dialogue of this nature can only enrich our collective awareness and thoughtfulness with regard to issues that impact lives, regardless of conclusion.

1

1 October, 2016, Cuttack: Before doing business with a judge's brother, think twice. In the year 2000, Ravenshaw, a 150-year-old college, signed an MOU to start professional courses in "public private partnership" with Star Computer Institute Pvt. Ltd., belonging to BJP politician Biswajit Mohanty, son of Barrister Ranjit Mohanty, and brother of Orissa High Court's second-seniormost judge Indrajit Mahanty. In 2011, this MOU was renewed for a further three years. Upon the MOU's expiry in 2014, Ravenshaw (which was now no longer just a college but a full-fledged university) decided not to renew their MOU with Star. In the process, Ravenshaw incurred the enmity of Biswajit Mohanty's elder brother, who proceeded to give them a taste of pure hell!
Ravenshaw is a grand old institution with 8000 students and 90 faculty members, and a sanctioned strength of 153 faculty. It became a University through an enactment in 2005, and was bound by UGC's guidelines, which said, "No university whether central/state/private can offer its programme through franchise agreement even for the purpose of conducting course through distant mode." But, given the money and prestige involved, businessman Biswajit Mohanty was in no mood to leave the campus peacefully. So the matter went into arbitration, and also, in November 2014, an FIR was registered against Biswajit Mohanty because he allegedly "entered the University campus with five other persons and misbehaved with staff and students of the ITM department using the most filthy language". The police complaint said that Biswajit Mohanty threatened them, saying, "If you don't refrain yourself coming to the ITM department, I would assault you by entering into your home".
And then, in March 2015, came the judgment of the district judge to the arbitration petition filed by Star Computer Institute while the arbitrator's final order was still awaited. The judgment upheld Ravenshaw's right to terminate the MOU. The FIR and this adverse judgment against Biswajit Mohanty provoked his big brother Indrajit Mahanty, who took all the high court cases concerning Ravenshaw into his hand.
Until then, Ravenshaw's cases were heard by single benches such as Justice S.C. ParijaJustice Biswanath Rath, and Justice Sanju Panda, and many orders and judgments were favourable to Ravenshaw. Multiple writ petitions filed in 2015 against a recruitment advertisement issued by Ravenshaw, were initially posted in the single judge benches of Justice B.N Rath, Justice Dr. B.R Sarangi and Justice Dr. A K Rath, and later, all recruitment matters were brought to the court of Justice B.R Sarangi, where they remained stayed for 7 months. Then, on 9th December 2015, a division bench of Justice D P Choudhury and Indrajit Mahanty overturned the earlier judgmentsfrom 2014, quashed the recruitment, and slammed Ravenshaw on almost every count. This bench -- dominated by Justice I Mahanty who is almost a decade senior to Justice Choudhury (currently the junior most judge in Orissa High Court) – went on to initiate two suomotu civil contempt proceedings. Between March and May 2016, Justice Indrajit Mahanty passed eight orders on various cases that showed Ravenshaw who was boss!
On 9th December 2015, a division bench headed by Justice Indrajit Mahanty overturned the earlier judgments from 2014, quashed the recruitment, and slammed Ravenshaw University.
The orders and judgments mentioned in this article (including FIR and District Judge's arbitration order) can be downloaded fromhttp://tinyurl.com/Ravenshaw-cases
Questions arise about our judiciary's integrity:
  1. Was Orissa's Chief Justice Vineet Saran ignorant about Justice Indrajit Mahanty's special interest in Ravenshaw University? Or did he consciously allow Justice I Mahanty to use the court system to settle scores?
  2. Unknown to India's common man, is our judiciary generally functioning in this way? Do many of our judges have an axe to grind? Is it normal for some judges to say to each other, "I want to teach that party a lesson, so transfer that case to me"? Do they quietly manipulate and attract some cases to their own court?
The main issue is not whether Justice Indrajit Mahanty is a good guy or a bad guy. It's also not whether his judgments and orders in Ravenshaw matters are judicially correct or otherwise. The key issue is, why did Orissa High Court allow Justice Indrajit Mahanty to give judgments on Ravenshaw, where he had a vested interest?
What happened afterwards: After activist Chittaranjan Mohanty, on behalf of the 8000 students of Ravenshaw, petitioned the Chief Justice of India and Chief Justice of Orissa High Court in July 2016, all Ravenshaw-related matters were taken away from Justice Mahanty.The division bench matters were assigned to a bench headed by Justice S.C. Parija and the single bench matters were assigned to Justice Debabrata Dash who hears all service matters. A PIL is about to be filed for review of the judgment and orders of the Division Bench headed by Justice I.Mahanty in Ravenshaw recruitment matter.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
98215 88114
krish.kkphoto@gmail.com
POSTED IN PUBLIC INTEREST BY
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Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months

This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 --------------------------------------- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000-------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000------------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED -------------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below
http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

RNA Cartoon

2

10th September, 2016, Cuttack: One is puzzled by the accounting treatment for Justice Indrajit Mahanty's Rs 2.5 crore working-capital loan for his hotel, The Triple C. Lakhs of rupees are withdrawn and repaid every month in two SBI loan accounts in the name of "Justice Indrajit Mahanty" and strangely, not in the name of Latest Generation Entertainment Pvt. Ltd., the company that has leased the hotel from him. As a High Court judge, Justice I. Mahanty gets a monthly salary of Rs. 1.35 lakhs, and therefore is liable to pay Income Tax. But repayment of principal plus interest could reduce or eliminate his taxable income. Suppose his tax returns are dodgy, can Income Tax authorities summon his lordship personally for questioning u/s 131 of Income Tax Act, and compel production of his lordship's books of account?

We asked Mr Binoy Gupta, a retired Chief Commissioner of Income Tax (CCA), who holds a Ph.D. in Law. His reply was: "There are no exemptions in any law for any Supreme Court or High Court Judges from any judicial or quasi judicial proceedings. Our department has taken action under the Income Tax Act against them."

We requested Mr Gupta for case studies (with or without the names of the judges) to substantiate his claim of having taken action against judges. His response was: "I can not give any instances today. But I stand by my statement that Judges of the Supreme Court and High Courts have no special status so far the applicability of Income Tax Laws are concerned."

And then Mr Gupta added that bringing a judge to justice is a tough job. He wrote: "If any govt. servant engages himself in business, his department can and does take action. But the procedure for taking action against Judges is far too complex... impeachment which is extremely difficult."

Given the absence of case studies and other details of judges being held accountable by Income Tax authorities, our gut feeling is: IT authorities will never dare to summon his lordship, because (a) they would be in awe of a high court judge, and (b) because the high court has superior jurisdiction over the Income Tax department, and not vice versa. Even if judges do not enjoy de jure immunity from quasi-judicial and administrative authorities, they enjoy de facto immunity. No government official will risk rubbing a high court judge the wrong way by questioning him, even if the law permits him to do so!

Justice Indrajit Mahanty may or may not have broken any laws, but he is definitely in breach of the code of ethics on multiple counts. Must we all act like Gandhi's three monkeys and remain silent?

In return for such unquestioned authority and immunity, judges are expected to keep their affairs transparent and straightforward, by abstaining from business activities. Their income should ideally consist of their salaries, and interest on fixed deposits etc. -- nothing more complicated than that. To quote YK Sabharwal, former Chief Justice of India, who spoke on the Judicial Canon of Ethics, "Almost every public servant is governed by certain basic Code of Conduct which includes expectation that he shall maintain absolute integrity... manage his financial affairs in such a manner that he is always free from indebtedness, and not involve himself in transactions relating to property with persons having official dealings with him." Please note that seeking building permissions, bank loans, hotel licenses, etc. etc. are all transactions with the government, administration and public sector, who all have "official dealings" with a high court judge in his judge-like capacity. Such transactions adulterate the purity of Justice Indrajit Mahanty's judgment.

According to the Restatement of Values of Judicial Life (adopted by Full Bench of Supreme Court on7th May, 1997), "A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person. 

And according to the Bangalore Principles of Judicial Conduct, 2002, "A judge shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to a reasonable observer to be free therefrom."

Read all these documents on judicial ethics and in that context, understand the significance of Justice I Mahanty's actions. Justice Indrajit Mahanty may or may not have broken any laws, but he is definitely in breach of ethics on multiple counts.

So, must we all remain silent like Gandhiji's three monkeys? Must we all adopt a policy of See-no-evil, hear-no-evil, speak-no-evil when it comes to judges? Must the adulteration of our judicial services be allowed to continue under cover of a conspiracy of silence?

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com

Posted By 
Sulaiman Bhimani 
9323642081 
sulaimanbhimani11@gmail.com