Mankind lost fruits of Wars of Freedom

Mankind lost fruits of Wars of Freedom

Left to its own, the entire planet Earth is a happy Jungle. Its survival of the fittest. As a less fit creature, you end up being (a) Hunted - your misery ends in a few minutes and you become someone's lunch or (b) Imprisoned - like a cow to supply milk to a stronger creature. That is the law of Jungle. Freedom means NOT being a chicken of another, or NOT being a milk-cow for another. If one pays 35% of his income as tax and 6-18% of his expenses as GST, to any government, then it means freedom is expensive. Expensive-Freedom cannot be Freedom. Freedom got to be cheap and accountable, if not free. A quick dive into history is needed to define the Freedom for which mankind made numerous sacrifices for last 1000 years.

Mankind claims it evolved from the Jungle and established a civilised society. Mankind was ruled by Kings based on their ability to threaten, bargain and kill, since ages. Apart from warfare and martial arts, Kings rarely practiced or mastered any other skill, as depicted in many books and movies of almost all the countries. (Few exceptions may pardon me here.) The History of most countries only discusses about battles, wars, campaigns, armies, victories and defeats. Mankind fought for ages to save itself, from being ruled by a dominant force and to avoid the control of a mightier force over them. As a farmer you could not enjoy what you cultivated on your land. Your Land and you was indicated as a property of some king and you had to sacrifice a good portion of your harvest for the glory of your king. Kings fought among themselves to control more lands, tax more farmers and build larger armies and also tax weaker kings for "protecting" them. No farmer was ever admired for his hard work in being self-sufficient but only kings who could dominate and kill were admired. Most historians, musicians, poets, dancers, artists, doctors or healers, teachers, magicians, even prostitutes, etc. needed royal patronage of kings to get their due recognition [starting from Dronacharya to Newton]. All the History we read, is what the Kings wanted the historians to write. Even preachers who started a new religion, could not preach a religion, without royal protection or patronage. If the History of any country is different from this template, then I regret my errors and wish to know more about that country. The last thousand years of Indian History merging with global history that I realised after discounting all the fizz of many historians, follows here...

  • ·        When the Rajputs ruled us, the Afghans fought them & we thought we got freedom.
  • ·        When Afghans ruled us, the Moghuls fought them and we thought we got freedom. Moghuls ruled the longest and Historians admired Moghuls to such extents that most of us don't know that Moghuls were terrorists from a small country called Mongolia.
  • ·        The Marathas and the Sikhs fought the Moghuls and we thought we got freedom.
  • ·        Many Indian Kings could not afford the Royalty of the Maratha Empire and they invited Afghans to finish the Marathas and they all thought they got freedom.
  • ·        But no, then the British eliminated the remaining kings of India and the people hoped that they would get freedom under a "British-rule" that will not rob peanuts from Indian farmers. During 1700 to 1900, the British had colonies in all major parts of the globe. British Empire was so vast that they proudly claimed that the Sun never sets on British Soil.
  • ·        British during the Victorian Era, had control over almost the Entire part of the world, including India. The British taxed Agriculture and Mining in the wildest manner possible and tightly regulated even the farming of intoxicants like opium. By their rule, they got to monopolise the supply of many commodities, on a global scale. British fought two world-wars successfully and dominated Europe and the rest of the world, from the resources it plundered from its colonies across the world. Mankind wanted to rid itself from British Control.

I guess Americans were the first to get rid of British Rule in 1783 and Indians got rid of British rule in 1947 [150 years later]. https://en.wikipedia.org/wiki/History_of_the_United_States_(1776%E2%80%931789)#American_Revolution reads "Washington's fifth and most important role in the war effort was the embodiment of armed resistance to the Crown, .... Furthermore, he permanently established the principle of civilian supremacy in military affairs by voluntarily resigning his commission and disbanding his army when the war was won, rather than declaring himself a monarch"

As a fashion and token of loyalty, After Independence, Most Constitutions of many countries simply call themselves as followers of Common Law System of the British and feel proud. Rather than blindly copying the British Common Law System, these countries had to return the Freedom and Civilian Supremacy back to their people, and rewrite Laws that enabled Freedom and Civilian Supremacy.

Mankind got confused

Freedom did not mean getting rid of the British or Moghuls, but Freedom was getting rid of all forms of domination and slavery. Freedom was escaping the domination of every Monarch, every Democrat, every Republican, every Vidhayak, every Constitutional Dignitary, etc.. The Constitutions of most countries came in force after centuries of sacrifice, bloodshed and extreme pain. Since Mankind did not have time to define its freedom in clear, simple and written terms, Constitutions of most countries have NOT returned the Freedom to the People and copy-pasted many British Laws. Instead they robbed supremacy of civilians and made civilians a puppets of legislatures, executive and judiciary. Before every war of Freedom, the Civilians were promised freedom and Civil Supremacy. But after the War, Was that Freedom and Civil Supremacy delivered to the People in any Constitution of any Country? The powers that were grabbed by chasing the British or any Dictator out of their soil, deserved to be returned to the People and not distributed between the Legislature, Executive and Judiciary. (The White, the Khakis and the Black in the Indian Context). An informal connivance of these THREE will make people slaves again and all legal experts would never understand what went wrong.

This Article ends here.

Rest of this Article is using an Indian Example to explain the above 2 paras.

Scene of a Movie

[At 31 min of video https://www.youtube.com/watch?v=ITU8PCfk0s0] "Shootout at Vadala" -- An aggressive cop tells a gang-leader [Manoj Bajpai] "you help me wipe out your rival gang, I will get you complete freedom". The Gang Leader laughs and says you speak like a Freedom Fighter "You give me blood, I will give you Freedom" and he laughs. [Tum Mujhe Khoon Do, Main Tumhe Aazadi Dunga]. 

Lets meet an Enslaved Indian of pre1947 era, A Freedom Fighter would have motivated this Enslaved Indian to sacrifice his time, blood, sweat, family, wealth, land, savings, limbs, bums and life to face the bullets, beatings, jails, torture, etc. of the British-Raj and get the "freedom" of India. He happily did all this, and lost so much of himself, just hoping that his minor children, unborn children or grand-children will get to breathe in a Freedom-filled air of India. With this hope the Enslaved Indian bled and died happily trusting that his future generations will be able to en-cash his sacrifices, without flashing their Aadhar or Pan Card.

The Enslaved Indian of pre1947 never imagined that in the 1975-77 emergency, Indians would be arrested and thrown in Jails for no reason for months together, by their own people and their own Police would kidnap men and vasectomise them against their will, Something that is done in a war against an enemy and not against our own people. The Enslaved Indian of pre1947 never imagined that democratic rulers of India would (a) impose license raj and nip the free growth of trade and commerce in a starving-India (b) Tightly regulate the flow of foreign investments in India and starve Indian-entrepreneurs off capital and force Indians to take loans from local ruthless money lenders and nationalised banks that charged exorbitant interest rates. (c) Rapists of Nirbhaya would be able to file multiple petitions and postpone their death sentence by years (d) To file a complaint for rape, A rape victim would have to travel multiple times to multiple police stations, with torn clothes and bleeding wounds (e) Native Government would monopolise core sectors like Petroleum, Railways, Telecom, Airways, Banking, Power, etc. that would create fake shortages and vibrant black markets in India, depriving all the basics to our own people. I guess even prostitutes treat their competitors with lot more dignity and humanity, than what governments do to their own people, in the name of public welfare. This was not the Freedom, that mankind sacrificed for centuries.

Many Freedom Fighters knew this even before 1947-Independence, Freedom-Fighters feared that after the British were thrown out of India, the powers & the freedom would NOT be given to the people of India. Many Freedom-Fighters like Bhagat Singh, knew that Indians in 1947 were intoxicated to slavery, they were uneducated and had zero-awareness of their rights and freedom. The majority Indians of 1947 were very poor, desperate for 1-3 meals a day, lived in very small houses, very few Indians knew addition, subtraction and multiplication, Indians had very poor technical knowledge, were driven by superstitions, and intense fear of losing social recognition was very high and this list can go on...! The entire value system of 1947 generation proves this. Very few people could understand What Bhagat Singh meant when he said that if you do something and don't have a reason to do it, then its slavery. Very few Indians fail to even understand this statement in 2020 and have been subtly pushed to slavery in last 70 years, for their drowsy & complacent intelligence.

The Constitution was the First Major Law written after 1947-Independence. It can be called as the Definition of the Indian Nation. It is like the mother or the container of all the other laws of the Nation. This freedom or independence or well-being of the Civilian is not the purpose of the Constitution but the Civilian is just another object in the Constitution. The fundamental rights of the Civilian are very briefly written in part III of the Constitution and they are not absolute or guaranteed. Thanks to efforts of conscious Supreme Court judges, who added some precise dignity to the life of Indian Civilians. The rest of the Constitution gives complete freedom to the Legislators, the Executive and Judiciary to handle the Freedom and Supremacy of the people in the manner they decide. Mankind of 2020 now needs to rewrite Constitutions defining and putting its Freedom and Supremacy above the white, khaki and black.  

Arvind Jain

Advocate & Founder - Proactive Legal | Legal Advisor | Business Strategist

4 年

People of many nations forgot to claim Civilian Supremacy and Freedom in their Constitutions

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