Mrunal (Current) April-Week3-P1 - History, Polity - Suhrawardy-Sarat Bose Agreement, Bengal Pact, Hoysala Temple Architecture Transgender Rights, CAG Audit of Telecom Firms, SC Judgements

5/22/2014
Mrunal [Current] April-Week3-P1: History, Polity: Suhrawardy-Sarat Bose agreement, Bengal Pact, Hoysala Temple Architecture; Transgender right
[Current] April-Week3-P1: History, Polity: Suhrawardy-Sarat Bose

agreement, Bengal Pact, Hoysala Temple Architecture; Transgender rights,
CAG audit of Telecom firms, SC Judgements
1. Prologue
2. [History] Suhrawardi-Sarat Bose agreement | Bengal Pact
1. Events leading to Bengal Pact
2. Bengal Pact: Features
3. Why Bengal Pact failed?
3. [Culture]
1. C1: Hoysala Temple Architecture
2. C2: Kirtinarayan Temple (Hoysala)
3. C3: Muziris Port
4. [Polity]
5. P1: Transgender rights, SC Judgment
1. Constitution vs Transgender community
2. Article 14 | Article 15 | Article 16 | Article 19 | Article 21 | Article 51 (DPSP)
3. SC Judgment on TG (April 2014)
4. Transgender rights: elsewhere in world
6. P2: CAG right to audit Private Telecom companies
1. Sequence of Events
2. Supreme court ruled following:
3. Anti-Arguments
4. Private sectors CAG audit in past
Prologue
Current Affairs from April Week3 (16th to 22nd). Total three parts
1. History, Polity, Culture: (Youre here)
2. Geography, Environment, Biodiversity: Done click me
3. International Relations (IR)/ Diplomacy. Done click me
Answer following in 200 words each.
General Studies (mains) Paper 1
1. Examine the events leading to Suharawardi-Sarat Bose agreement, why did it fail
to create United Bengal nation?
2. Write a short note on Hoysala Temple Architecture.
General Studies (mains) Paper 2
3. Supreme Courts recognition of the third gender, is a turning point in the
http://mrunal.org/2014/05/current-april-week3-p2-history-polity-suhrawardy-sarat-bose-agreement-bengal-pact-hoysala-temple-architecture-transgender-r 1/14
5/22/2014
struggle for rights of transgender people. Comment

4. What is the audit jurisdiction of CAG under Art 149? How is it expended by
recent SC verdict on telecom companies?
[History] Suhrawardi-Sarat Bose agreement | Bengal

Pact
Topic is in news because Frontline May 2, 2014. Page 106 published Bengal Pact.
Events leading to Bengal Pact

Hussain Shaheed Suhrawardy, then CM of Bengal supported the Two nation
theory and Pakistan. But He feared India will get Bengals industrialized regions
and Calcutta, while (East) Pakistan will only get the poor-backward areas of
Bengal.
Bengali Hindu leader Sarat Chandra Bose believed that division of Bengal
between India and Pakistan, will ruin its culture and economy.
But Since Hindus would not agree to a United Bengal joining Pakistan and
Muslims would not agree to a United Bengal joining India, therefore
Suharawardy and Sarat Bose decided to carve out a Sovereign nation United
Bengal, free from both India and Pakistan, and jointly run by both Hindus and
Muslims.
They sought Gandhis help, Gandhi supported this idea in hope to counter
Jinnahs two nation theory. But maintained that all decisions for united Bengal
should be taken on mutual consent among Hindus and Muslims.
Therefore, Suharawardy and Sarat Bose drafted an agreement. This is known as Bengal
Pact or Suhrawardi-Sarat Bose agreement or Sarat Formula on 20th May 1947.
Bengal Pact: Features

1. Bengal would become an independent state
2. Bengals Constitution will be drafted by an assembly of 16 Muslims, 14
Hindus= 30 members.
3. Interim government with Muslim CM and Hindu Home minister, until this
Constitution is drafted.
5/22/2014
4. Proportional representation of Hindus and Muslims in the legislature.

5. A candidate who wins majority votes of his own community and 25% votes of
other community, would be declared elected
6. Hindus (including Scheduled Caste Hindus) and Muslims will have equal share in
military and Police jobs.
Why Bengal Pact failed?

Assam CM Gopinath Bordoloi complained Mountbatten, if Bengal became a
separate country, Assam will be cutoff from India & Calcutta port. This will ruin
Assams tea business & economy.
Jinnah agreed to separate Bengal country IF Congress gave him WHOLE Punjab.
Obviously, Congress, Nehru and Patel opposed.
Shyamaprasad Mukharjees Hindu Mahasabha also started Bengali Hindu
Homeland Movement for creation of separate state for Bengali Hindus within
Indian dominion.
Bengals Muslim league also backtracked, we agree to formation of Pakistan
and Muslim dominated Bengali areas joining (east) Pakistan. We have
nothing to do with demand for separate Bengal country made by
Suharawardy and Sarat Bose.
Seeing no consensus among Congress and Muslim league for united Bengal,
Lord Mountbatten decided to partition Bengal between India and Pakistan.
Now, picture becomes clear that Calcutta will go to India. Chief Minister
Suharawardy fears that Hindu will kill him because of his involvement in Direct
action Day. He runs away to Dubai Dhaka, abandoning the plan of United Bengal
nation and accepts to live under Jinnahs (East) Pakistan (Where he would later
become the Prime Minister.)
Now, Sarat Chandra Bose is isolated. He seeks Gandhis support
But Nehru and Patel requested Gandhi not to support Sarat Bose on this matter.
Therefore, Gandhi asked Sarat to abandon the idea of United Bengal nation.
And thus, Suhrawardi-Sarat Bose agreement = #EPICFAIL
Mock Question
(GS1) Q. Examine the events leading to Suharawardi-Sarat Bose agreement,
why did it fail to create United Bengal nation? (200 words)
Event leading to:
Muslim league leader and Bengal CM Suharawardi was in favour of creation of
Pakistan, but feared that rich areas of Bengal will go to India.
Congress leader Subhash Chandra Bose feared division of Bengal will ruin its
economy and culture.
Since neither Hindu nor Muslims would agree to a United Bengal joining
either Pakistan OR India respectively, the only solution was a United Bengalfree from India and Pakistan.
Thus Suharawardi-Sarat Bose agreement / Bengal pact was signed in May 1947, with
following features
5/22/2014
1. Bengal would become an independent state

2. Its Constitution will be drafted by a joint assembly of Hindus and Muslims.
3. Hindus and Muslims will get Proportional representation in legislature but equal
share in military and Police jobs.
Why failed?
1. Opposition from Assam that itd cut their link to Calcutta port and rest of India.
2. Jinnah accepted with caveats, But Congress and Hindu Mahasabha opposed
vehemently.
3. June 1947: Given the lack of consensus, Mountbattens partition plan divided
Bengal between India and Pakistan. Both Congress and Muslim League accepted.
4. Suharawardi stepped down as CM, left for Dhaka.
5. Isolated Sarat Bose did not get support from Gandhi due to opposition from
Nehru and Patel.
Thus, Suharawardi-Sarat Boses movement fizzed out and their dream for a United
Bengal nation could not materialize.
~190 words
Ref:
Frontline May 2, 2014. Page 106.
Tushar Gandhis book Lets kill Gandhi, Chapter 10 A Lonesome Mahatma
Page 300 to 304
[Culture]
three topics
1. Hoysala temple Architecture
2. Kirtinarayan Temple restoration
3. Muziris Port
C1: Hoysala Temple Architecture
5/22/2014
Hoysala Temple Architecture

Topic in news because ASI restored Kirtinarayan Temple.
(GS1) Q.Write a short note on Hoysala Temple Architecture (200 words)
Location
Peak during 11th to 14th centuries in Karnataka.
Most Temples concentrated in Hassan, Chikmanglur and Mysore districts.
Notable examples:
1. Chenna-Kesava Temple @Belure (Vishnu)
2. Hoysaleshwara temple @Halebit (Shiva)
Both nominated for UNESCO heritage status.
MATERIAL
Soapstone, granite, schist stone and wood
Sculpture are carved on schist stone is soft when quarried but hardens when
exposed to air, thus preserving the fine details for a long period.
DEITIES
Shaiva, Vaisnava and Jain- depending on village demography.
There are even twin-temples with both Shiva and Vishnu, indicating that devotees
of Shaivism and Vainshnavism didnot have bitter rivalry- at least until the fall of
5/22/2014
Hoysala empire.
Style
Temple base is star shaped, and not square shaped
Open Mandapa, closed by a compound wall.
Miniature shrines within compound wall
Temple wall profusely decorated with royals, sages, dancers and even Kamasutra
figures.
Gopuram usually seven storey
Two Vimana and three Vimana structure- made from single granite.
~170 words
C2: Kirtinarayan Temple (Hoysala)
Location: Talakkad near Mysore, in Karnataka.

By Hoysala king, Vishnuvardhan after defeating Cholas. (1117 A.D.)
features: single granite vimana, huge statue of Nandi, open mandapa, garb griha.
Mughals and natual calamity had destroyed it.
Monument was submerged due to rise in water table and weight of sand dunes.
Why in news? Because ASI has restored it.
C3: Muziris Port
5/22/2014
Muziris: lost Roman Port town, excavated near Pattanam, Kerala.

Murizirs finds mention in ancient Roman and Tamil texts.
Setup during Iron age, Roman trade during 1 to 4th BC
Traded with Alexandria (N.Africa)
Later Portuguese built St.Thomas fort here. Tipu Sultan destroyed it (1790)
Items found: Chera coins, pottery, Frankincense (Aromatic gum), gold filament
and semi-precious stones.
DNA samples are being checked to find who lived here? Dravids, European or
Africans.
LIDAR: light detection and ranging. The Oxford Archaeologists are using this
technique to map the surface of Muziris/Pattanram port.
[Polity]
Two historic judgments
1. On Transgender rights
2. On CAG audit over private telecom companies.
P1: Transgender rights, SC Judgment

Historic background
Ancient text: TG are mentioned but never in poor offensive light.
Medieval times: TG held important positions in royal courts.
British India: Discrimination starts. Criminal Tribes Act 1871-labelled Hijras =
criminal tribes, habitual offenders. They could be arrested without warrant,
jailtime upto two years.
Constitution vs Transgender community

5/22/2014
Article 14
Equality before the law or the equal protection of the laws within the territory of
India.
But Indians laws only recognized two genders: male and female, then provide for
marriage, adoption, inheritance, succession and taxation and welfare legislations
accordingly.
Since TG dont in the binary gender of male vs female. Theyre denied equal
protection of law.
For example, TG are subjected to molestation, forced anal sex, gang rapes and
public stripping but police wouldnt lodge FIR under IPC.
Article 15
State shall not discriminate against any citizen on grounds of sex.
Access to shops, public restaurants, hotels, theatres and other public places.
But TG are denied entry to such public places and treated as outcasts & beggars.
Article 16
Equal opportunity for all citizens for public employment. But given the socioeconomic-educational backwardness, TG donot stand equal chance against male
and female applicants in competitive exams for entry in government service or
educational institutions.
Article 19
Deals with six freedoms.
Identifying ones gender= right to speech & expression, but TG are deniedtheyve to pick either male or female identity.
Society also prohibits TG the right to reside and practice any profession
throughout the country.
Article 21
Protection of life and liberty- and all the derivative rights such as right to livelidhood,
health, dignity etc. are denied to TG community.
Article 51 (DPSP)
State need to respect international laws and treaties.
India has ratified both UN declaration and human rights and International
Covenant on Civil and Political Rights, 1966.
Both of those treaties provide equal treatment to all- including TG.
But Indian government hasnt taken steps to ensure this.
Successive Governments have also failed to implement other Directive principles of
state policies (DPSP) related to equal justice, living wage, standard of living for TG
community. In the backdrop of these discriminations, NALSA had filed writ petition in
5/22/2014
Supreme Court. (2012) with two demands:

1. That TG should be recognized as a separate gender. (Aadhar and a few other
documents have this provisions but by and large no option for third gender.)
2. That TG should be given all the fundamental rights available to other male and
female citizens of India.
National Legal Services Authority (NALSA) is a body established under Legal
Services Authority Act. They provides free legal services to the weaker and other
marginalized sections of the society.
SC Judgment on TG (April 2014)

Supreme Court granted following rights to Transgender and order Union & State
governments to implement them:
1. TG have all fundamental rights available to Indian citizens, including free and
compulsory education
2. TG have right to form family, adopt children and inherit property.
3. Government shall provide formal identity to third gender- in passports, licenses
and ration cards.
4. Government shall treat them as socially and educationally backward class,
eligible for reservation in government jobs and educational institutions.
5. Social welfare schemes, healthcare programs, separate HIV surveillance Centres
and public toilets.
6. For identification of TG- Psychological test and not the biological test will be
used.
7. Noone can be forced to undergo sex-change surgery to fit in the male or female
gender.
8. Public awareness campaigns to end social stigma, fear, shame, depression and
suicidal tendencies among TG. Make TG feel theyre also part and parcel of
social life. Dont treat them as untouchables.
9. Implement these within six months.
Justice K.S. Radhakrishnan & Justice A.K. Sikri
Transgender rights: elsewhere in world

USA
AUSTRALIA
GERMANY
S. AMERICA
NEPAL
ARGENTINA
provides workplace protection to LGBT community (2013)

recognized them as third gender.(2013)
First European country to recognize third gender. Birthcertificate provides three categories-male, female or
intermediate.
Argentina, Portugal, Uruguay and 20 such countries have
progressive laws for them.
Third gender column in passport and census forms.
Sex change operation is a legal right.
person can change sex in passport & other documents even
without undergoing tests
5/22/2014
NETHERLANDS
Third gender column in birth certificate etc. person can

change sex in documents without undergoing test or
surgery.
ELSEWHERE
In many countries, there is no third gender column in

official documents
In some countries, Person must undergo sterilisation
before their third gender identity is recognised.
Mock question
[GS2] Syllabus topic: Mechanisms, laws, institutions and Bodies constituted for the
protection and betterment of vulnerable sections.
Q. Supreme Courts recognition of the third gender, is a turning point in the
struggle for rights of transgender people. Comment (200 words)
Mrunal comments: There are many ways to write this answer, as long as SC
judgment salient features are included.
Transgender (TG) find honourable mentions in ancient texts, held important
positions in royal courts of medieval India.
But since colonial times theyve been treated as criminal tribes and unwanted
elements.
Our Constitution provided fundamental rights to all citizens of India irrespective
of their sex.
But Indian laws, bureaucratic machinery and society still recognize only male
and female identities.
As a result, TG are ignored in welfare measures under DPSP, fundamental rights
under Art 14, 15, 16, 19 and 21; and other legal rights.
Given this non-enforcement, they are forced to live on alms, engage in sex
industry; thus become more vulnerable to HIV and poverty cycle.
India had signed UN Human rights declaration and other international treaties
that provide for equal rights to all, irrespective of gender
But successive governments failed to implement them in context of TG.
In this backdrop, SC gave following verdict in NALSA petition:
1. (Indian) TG have all fundamental and legal rights available to Indian citizens,
including right to form family, adopt children and inherit property.
2. Government shall provide formal identity to third gender- in passports, licenses
and ration cards
3. Treat them as socially and educationally backward class- eligible for reservation
quotas.
4. Separate welfare schemes, medical care & public toilets
5. Public awareness campaigns to end social stigma.
6. Implement this order in six months.
The plight of TG stems not because Mother Nature created them differently but
http://mrunal.org/2014/05/current-april-week3-p2-history-polity-suhrawardy-sarat-bose-agreement-bengal-pact-hoysala-temple-architecture-transgender
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5/22/2014
because government and society failed to accept them. SC judgment aims to end this
discrimination, and therefore a red letter event in their struggle for human rights.
~270 words
Side notes
Naz foundation case
NALSA case
Constitutional & legal rights of TG
Sexual rights of LGBT community
community
Main Argument: TG are not given
Main argument: Section 377 of IPC is
fundamental rights under Art.14, 15,16, 19
unconstitutional.
and 21
case defeated
won
Homosexuality is still a crime under TG have all fundamental rights and legal
377 (December 2013 SC judgment)
rights. (April 2014 SC Judgement)
YOGYAKARTA PRINCIPLES
2006: A group of Human right experts met at a university in Yogyakarta,
Indonesia.
They framed certain principles- for universal human rights, including for TG &
other sexual minorities.
UN bodies, Regional Human Rights Bodies, National Courts, Government
Commissions and the etc. have endorsed the Yogyakarta Principles
Aravani
TG of Tamilnadu. Aravan was son of Arjun and Nagakanya
Jogtas/Jogappas Maharashtra and Karnataka.
Kinnars
Delhi and Northern India
P2: CAG right to audit Private Telecom companies

Sequence of Events
1. Telecom companies have to share some part of their annual revenue with
government: 6-10% as license fees and 2-3% as spectrum usage charges.
2. 2009, the department of telecommunications (DoT) ordered private auditors to
check the account books of some telecom companies. These private auditors
were selected by CAG.
3. They found some telecom companies had under-reported revenues, to pay less
license fees and spectrum fees to government of India.
4. June 2012: DoT issued notice to Airtel, Vodafone, Reliance and Tata to pay
~1600 crores.
5. Telecom companies went to TDSAT (the Telecom Disputes Settlement and
Appellate Tribunal) but defeated.
6. They went to SC,but SC directed them to approach Delhi HC first
7. Jan 2014: Delhi HC says DoT is right. CAG can audit such companies.
8. Companies goto SC again
9. April 2014: SC says Delhi HC is right = DoT is right.
11/14
5/22/2014
Supreme court ruled following:

10. Natural resources (such as spectrum) belong to people. Whenever Union, State,
Local bodies or private entities are exploiting natural resources => theyre
accountable to people and to the Parliament.
11. In Natural resources, there is proliferation of PPP agreements, Revenue sharing
agreements- be it spectrum, oil, gas or mining. Therefore public interest is
involved.
12. CAG is not carrying out this audit under Companies act.
13. CAG has to merely check whether companies paid the legitimate revenue share
to government or not? whether they paid their due share in licence fee and
spectrum charges or not?
14. Because every unlawful gain by company is a loss to Consolidated fund of India.
15. Therefore, CAG has right to audit money trails that come to Consolidated Fund
of India.
16. Ordered Vodafone and Airtel to submit all account records to CAG.
- Justice K S Radhakrishnan and Justice Vikramajit Sen.
Anti-Arguments
Made by Corporate lawyers and right wing columnists:
1. Weve not underreported anything. Licenses fees = 6 to 10% (telecome
revenue). But these CAG empanelled auditors give logic that License fees = 6 to
10% (total telecom revenue, even that coming from non-telecom revenue!)
Hence theyre wrongfully blaming us.
2. Were are not public sector undertakings (PSUs). We cannot be audited by CAG.
At max, our account books can be examined by shareholders under Companies
Act, and IT department under IT act.
3. Art.149 says CAG can audit accounts of union and states and of any other
authority or body as prescribed under the any law made by parliament. But
parliament has made no such law to audit private telecom companies by CAG. So
DoTs executive decision is invalid.
4. SCs logic is every penny that comes to Consolidated fund of India, needs to be
audited. So on that logic, every company, every tax payer will fall under CAG
audit.
5. By SCs logic, every company/individual engaged in natural resources will be
subjected to CAG audit- be it mining, power, oil-n-gas, highway, ports,
television or internet service providers.
6. Companies already face multiple audits by multiple agencies (DoT, TRAI, CCI,
FMC, Sebi and now CAG).
7. Companies will need to spend additional money on staff and record keeping. Itll
hurt profit margins.
8. Among foreign investors, there is already negative perception that India has too
many rules and regulation, hence not a good country for doing business. This
new ruling will add to that negative perception, will decrease the incoming
FDI/FII.
9. In previous cases, Court already permitted CAG to audit electricity distribution
companies (Kejri) and GMR airport development. With this new verdict, CAG
12/14
5/22/2014
will get jurisdiction inflation i.e. an institution is given powers to acquire more
powers. Not good for balance of powers and economy.
10. Because of CAG activism, IAS officers avoid taking decisions altogether.
Similarly CAG will make top business executives risk-avoiders. Then Company
can never grow.
Private sectors CAG audit in past

Power
Roads
Ports
Oil and
Gas
Delhi HC permitted CAG to audit electricity distribution companies.

Not yet. And now government also stopped giving highway PPP
projects.
Private port owners have to share revenue with government. But CAG
hasnot yet audited.
Yes, doing audit of Reliance KG-D6 basin.
2005: PPP project for Delhi airport development. CAG found

Aviation government gave this PPP project at throwaway prices to GMR. Leading
to loss of ~1.6 lakh crore.
Spectrum CAG found that Raja is totally awesome.
Mock question
What is the audit jurisdiction of CAG under Art 149? How is it expended by
recent SC verdict on telecom companies? (200 words)
Original provisions
Art 149 of the Constitution empowers CAG to audit the accounts of Union, States and
other bodies as prescribed by any law of parliament. Accordingly, CAG audits
following accounts:
1. Consolidated funds of Union, States and UT with legislative assemblies
2. Contingency and Public Accounts of Union and States
3. Departmental undertakings, Government companies and other bodies financed
by Union or State.
Expansion under SC verdict

For spectrum usage, telecom companies have to share part of their annual
revenue with government as license fees and spectrum usage fees.
But in 2009, CAG empaneled private auditors found some telecom companies
have been under-reporting their annual revenue to pay less fees to government.
DoT ordered those companies to cough up the money but Case went to TRAI,
TDSAT, Delhi HC and finally Supreme court of India
The SC verdict has expended the scope of Art.149 in following manner:
1. Natural resources such as spectrum, oil, gas and minerals- belong to people.
2. Whenever Union, State, Local bodies or private entities are exploiting natural
resources, theyre accountable to people via Parliament.
13/14
5/22/2014
3. Although CAG doesnt have powers to audit any private sector companies under
Companies act.
4. But when private sector is exploiting natural resources under PPP or revenue
sharing agreements, every unlawful gain by company is a loss to consolidated
fund of India.
5. Therefore, CAG has right to audit the receipts of private sector companies that
share revenue with the government for use of spectrum.
~240 words
Visit Mrunal.org/CURRENT for entire Archive weekly current affairs compilations
published so far.
URL to article: http://mrunal.org/2014/05/current-april-week3-p2-history-politysuhrawardy-sarat-bose-agreement-bengal-pact-hoysala-temple-architecturetransgender-rights-cag-audit-telecom-firms-sc-judgements.html

Posted By Mrunal On 11/05/2014 @ 17:40 In the category Current Affairs Weekly
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Mrunal (Current) April-Week3-P1 - History, Polity - Suhrawardy-Sarat Bose Agreement, Bengal Pact, Hoysala Temple Architecture Transgender Rights, CAG Audit of Telecom Firms, SC Judgements

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5/22/2014

[Current] April-Week3-P1: History, Polity: Suhrawardy-Sarat Bose

struggle for rights of transgender people. Comment

[History] Suhrawardi-Sarat Bose agreement | Bengal

Events leading to Bengal Pact

Bengal Pact: Features

4. Proportional representation of Hindus and Muslims in the legislature.

Why Bengal Pact failed?

1. Bengal would become an independent state

C1: Hoysala Temple Architecture

Hoysala Temple Architecture

C2: Kirtinarayan Temple (Hoysala)

Location: Talakkad near Mysore, in Karnataka.

C3: Muziris Port

Muziris: lost Roman Port town, excavated near Pattanam, Kerala.

P1: Transgender rights, SC Judgment

Constitution vs Transgender community

Supreme Court. (2012) with two demands:

SC Judgment on TG (April 2014)

Transgender rights: elsewhere in world

provides workplace protection to LGBT community (2013)

Third gender column in birth certificate etc. person can

In many countries, there is no third gender column in

P2: CAG right to audit Private Telecom companies

Supreme court ruled following:

Private sectors CAG audit in past

Delhi HC permitted CAG to audit electricity distribution companies.

2005: PPP project for Delhi airport development. CAG found

Expansion under SC verdict

URL to article: http://mrunal.org/2014/05/current-april-week3-p2-history-politysuhrawardy-sarat-bose-agreement-bengal-pact-hoysala-temple-architecturetransgender-rights-cag-audit-telecom-firms-sc-judgements.html

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