IMPLIED IMPUNITY

A rare 59' Ford Fairlane 500 Galaxie, in Melbourne. 

The recent Minneapolis incident where an officer of the law was recorded to have pressed his knees on an alleged suspect, which then was alleged to have caused the suspects death, seems to have again highlighted the primal boundary of "Qualified Impunity."

Interestingly the so called qualified impunity seem to not only be applicable to officers of the law and national security but it transcends to many others, including politicians, members of the government as well and civil servants in many countries.

On one hand we have a prime minister of one country who was refused a table at a local cafe and advised to wait her turn to be seated, because it was full. On the other hand there was a state legislative assemblyman of another country conduct a full scale marriage of his son whilst the country was going through a lockdown owing to Covid-19 pandemic.

The disparity is hugely diverse. Nevertheless, the unspecified rule of Qualified Impunity can be read in which ever way that pleases the beholder and whosoever the beholder is.

However from the case, Pearson vs Callahan (US), qualified immunity is boundered as, "Qualified immunity balances two important interests-the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably."

In another case, Zadeh vs Robinson (US), the boundaries of the definition becomes even more blurred where the presiding judge stated that, "Doctrine of qualified immunity ought not be immune to thoughtful reprisal. The current manner in which it is judicially applied leaves victims violated but not vindicated; wrongs are not righted, wrong doers are not reproached, and those wronged are not redressed. It is indeed curious how qualified immunity excuses constitutional violations by limiting the statute Congress passed to redress constitutional violations. 

So the law speaks much about immunity ie. which in layman's terms, makes reference to a person who is granted freedom from being prosecuted. So what is impunity then? Well this means a person can act without facing any negative consequences. In a way impunity is a subset of immunity. Well based on the above cases, one thing is very clear, and that this whole concept fundamentally lacks clarity, leaving a very grey area for an eventual prosecution, in the event a violation can be proven.

If by law, it has so much of grey area, what more if the impunity is an implied version, which is in  the possession of people in power or position.

The George Floyd incident catapulted a phenomenal reaction so quickly which many did not anticipate. But the reality is that this incident could have been the tipping point for an already enraged society, and in the case of US, the frustrations are multifaceted.

Similarly in Malaysia, May 9th 2018 was the exact tipping point which led to the formation of a new government, over throwing a 62 year old governance that ruled supreme with implied impunity. The only difference was in Malaysia, the people used the ballot box to show their frustrations, and in the case of US, they went out on the streets.

I can't make any judgement whether one was a right action over the other, because I believe, to each its own, only the beholders knows what's best for them.

Like Sharukh Khan said in the movie Chennai Express, "never underestimate the power of the common man,"   I believe there is always a threshold of acceptance, beyond that even a timid person can become the David that defeated Goliath.

There is a saying in Tamil, "Saadhu Mirandaal Kaadu Kollathu", which translated in English,  means, "If The Calm One Is Angered, Even The Forest May Not Withstand Its Fury." The saying is self explanatory.

Implied Immunity has transgressed human dignity around the world from time immemorial, but the pace and its influence seems not to fade. Is it because of ignorance or apathy? Either way it lets down humanity and human intelligence.

The ongoing civil unrest in the US is the latest of the struggles that people all over the world have endured owing to the tyranny of implied impunity.

If implied immunity is not addressed, it can snowball into becoming the right of the beholder, and eventually leading to establishment of a skewed social construct. Many countries and its citizens have become prey to the predatory actions owing to implied impunity. In modern times, sadly, from Shah Redza Pahlavi to Robert Mugabe, and many others today, the usurped right of citizens have caused much socio-political calamities, that became the precursor for the destruction of nations.

We know it, but we never learn from history. The adage, "power corrupts and absolute power corrupts absolutely", is more a norm than an exception.

Thus whether it is a matter of applied impunity or immunity, both are evils that man can be without. We can't go wrong if we adhere to the principles of social justice, for sometimes, even a law can be deemed unjust.

Only if more people appreciate the value of life for lives sake, the world will be a better place to live.

Ravi Varmman
0722
Subang Jaya
17062020

   

FAREWELL BRO

KANNA (25.03.1973 - 20.05.2020)

ASATHOMA SAT GAMAYA

TAMASOMA JYOTHIR GAMAYA

MRITYOMA AMARDHAM GAMAYA

OM SHANTI SHANTI SHANTI

lead me to from the unreal to the real

from darkness (ignorance) to light (knowledge)

from death to immortality

oum....peace ...peace...peace

Arasanandan, to your friends you are Anand, to us family you are fondly known as Kanna, you have left a profound impression on all our lives.

The messages I read from family, friends and colleagues, two things that stand out about you is your cheerfulness and caring disposition.

To me you have always been the mischievous youngest cousin brother whom our grandmother adores most. Every time the "roti man" came in the evening, you always got priority, you always got away with helping yourself to Ammamma's "Hacks" sweets from her little drawer. 

You grew up to be a fine gentleman, very down to earth and viewed the world from a hands on perspective, a trait that led you to success in your career. 

You fell in love with this wonderful lady Sheela and introduced her into the family. Along came two handsome boys Ruben and Roshen thereafter. You have ensured that the boys inherited your values and I believe that it will bring them very far in life.  

For the last one year you have been struggling with your illness, but never once you showed the pain, always showing positivity, sparkling with life and exuberance. You never missed any family gathering despite your condition. The last I saw you was in February this year, when you came for the thanksgiving Pooja for Raviena and Dhivyaa at the Maha Mariamman Temple, KL. I still recall you saying that you will "beat it" and will get a cancer survivor tattoo soon. That was the kind of person you were. 

Alas the cycle of life was impatient on you, your energy was needed elsewhere, so this mortal body of yours had to perish. 

Though you are gone from this mortal world, your memory will always be with me and everyone who knew you.

GOODBYE BRO.

Ravi Varmman

0213

Subang Jaya

23062020  

MY DEAR AMMA

"NO MAN IS POOR WHO HAS A GODLY MOTHER"

Abraham Lincoln

AMMA and me then

I AM RICH

AMMA and me now.

Rudyard Kipling wrote, "God could not be everywhere, and therefore he made mothers." How apt are these words, resonating the only purest form of love that still exist with the test of times. My AMMA is an extraordinary person, who lives a very colourful life:

A rebel with a cause, she fell in love with my Pappa, and went on to marry him despite tremendous objections from her family. Of course the family got together after that, well thanks to me, I was born and my grandmother couldn't resist carrying the adorable baby who was put on her feet. Well it was nothing short of a real life Indian movie.

A dedicated English teacher, who worked till the age of 58. I still remember her driving the Mazda Familia 800, travelling 15km to school every morning. Well not many Indian women teachers were driving then in the little town of Segamat. Today many of her former students still pay her a visit, which shows how she has impacted them.

A seasoned politician, nevertheless, a reluctant one too. At the time when the role of Indian women in politics was at its infancy, Amma was roped in, to play a significant role. At the heights of her political career, she was holding the position of Women's Chief of Malaysian Indian Congress, for the state of Johor and also helmed the post of National Deputy Chief of Women for the political party she belonged to. She was conferred the Medal of Order of the Defender of the Realm (PPN) by the King, for her service to the country. 

An accomplished poet, she renders poems both in English as well as Tamil. A poet indeed,  always sought after by her family and friends, to pen words in beautiful prose's. She is  my constant dictionary for words and phrases especially in Tamil. Have been my wish to compile her poems into a book.

And as a Mother she showers LOVE to us three siblings, and now the LOVE flows down to her grandchildren, and they in turn ever waiting for her sweet Payasam (Sweet Milk Dessert) which comes with lots of LOVE. 

A woman of substance, who paves and lives way ahead of her time. 

AMMA HAPPY MOTHERS DAY TO YOU.

To Greeja, Happy Mothers Day To You, for bringing Raviena to this world, the JOY of our life. You have imprinted your best on her, she has grown into a fine young woman. Your compassion and love brought Dhiyaa and Roshen to be part of our family. Giving is the greatest virtue, and you like Amma, share the same virtue. I am truly blessed.

HAPPY MOTHERS DAY TO ALL THE AMMA'S.

Ravi Varmman

0946

Subang Jaya

10052020

       

REMEMBERING THE FRONT LINERS ON WESAK DAY

The Buddha in My Garden (Today)

Once upon a time a rich businessman residing in the city of Savatti by the name of Tissathera was inflicted with the dreaded leprosy. He was a disciple of the Buddha and when the Budhha heard about this he went to see his disciple. Whilst there the Buddha nursed him, cleaned his wounds, as his other disciples helped him as well. They continued to take care of him until Tissathera died. Buddha and his disciples showed in action, what compassion was. Compassion and care cannot be selective it should be an innate human nature regardless of the circumstances.

Today we see millions of medical care givers worldwide, who are working relentlessly, managing the sick, inflicted with Covid-19 virus. They are sacrificing their own life’s in order to save humanity from even greater calamity. Together with all other front liners who are making every effort to ensure the pandemic is contained, I would therefore put all of you in the same pedestal as the Buddha and his disciples, for your sacrifices are selfless.

Today is WESAK, a day celebrated for the BIRTH, ENLIGHTENMENT and DEATH of the Buddha. Let us also put both of our palms together in unison to celebrate the front liners, especially the medical care personnel, to remember and thank them for their sacrifices.

Only if everyone else in the world have the same compassion as what the Buddha practiced, the world will definitely be a better place live.  

"There exists this stupendous beauty called compassion;and therefore, the world exists.”

- Kural 571, Thirukural by Thirivalluvar (31BCE)

Ravi Varmman

0241

Subang Jaya

07052020

THE ROHINGYA DILEMMA

The establishment of Mrauk-U Dynasty in Arakan during the 13^th century saw the beginning of Muslim migration. Muslims settled in the Arakan state beginning 1430’s.  Mrauk-U (Mrohaung) Kingdom in Arakan was an independent state, neither part of the Burmese Kingdoms in the Irrawaddy Delta and Central Burma nor was it a part of the Bengal Sultanate and the Moguls in the west. Muslim traders came to the area in the eighth century when the local dynasty was seated at Wesali, not far from contemporary Mrauk-U and some of the traders settled along the shores. More Muslim sailors made their way to the Arakan region during the twelfth and thirteenth century. Migrants also gradually filtered into Arakan from neighboring Muslim Bengal.  Muslims who were part of Mrauk-U kingdom identified themselves as Rohingya or natives of Arakan.  The earliest use of the terminology Rohingya was recorded from 1799 onwards in British journals. This society can be described as a non exclusive and non homogeneous but were inclusive and had liberal relationship with other non-Muslim communities.

Going back to earlier history in the 1430s when Mrauk-U was being invaded by forces of the Burmese kingdom at Ava, King Narmeikhla sought help from Bengal Sultanate (Jalaluddin Muhammad Shah, Sultan of Bengal) and he managed to expel the invaders with the help of the Muslim army. The link between Bengal and Mrauk-U from this point solidified, to the extent that the Mrauk-U King began to use Muslim court titles along with traditional ones. Buddhist kings ruled Mrauk-U but Muslim officials often played a significant role in the court. In 1784, the Burmese King Bodawpaya conquered and incorporated the Arakan region into his kingdom of Ava in central Burma. As a consequence of the invasion, refugees began to pour into what is today the Cox's Bazar area of southern Chittagong. So the refugees issue technically is a not a new one but has been there since the late 16^th century.

Eventually The British colonized Burma in a series of three wars beginning in 1824. During their rule, the Arakan problem declined as the British allowed for a relative degree of local autonomy.  During this period a larger population of Bengali Muslims (from the Indian state of Bengal now Bangladesh) moved in to the region as migrant workers which was detested by the original Arakan Muslims. The Chittagong District borders Arakan and thus Chittagonian Muslim Bengalis were brought into Arakan as cheap labourers, peasants and coolies by the British. 

During the Japanese occupation of Burma communal violence erupted particularly against those groups that had benefited from British colonial rule. The Burmese nationalists attacked Karen and Indian communities, while in Arakan, Rakhine and Rohingya villagers attacked one another causing a displacement of Buddhist villagers to the south and Muslims to the north. An estimate of 22,000 Rohingya are believed to have crossed the border into Bengal during this time.

To carry out guerilla attacks against the Japanese the British sought help from the Muslims in Arakan promising them an independent territory when the war ended. But the British never kept their promise and when eventually Burma gained independence in 1948, Arakan became part of Burma and the Rohingya’s were left in a lurch dealing with the Burmese who already had animosity with them. From then on the struggle continued. In 1962 when General Ne Win took power, Rohingyas were officially treated as second class citizens by revoking their political and social status. Hence the Rohingyas became stateless. By 1978 more than 200,000 refugees poured into Bangladesh, and then again by 1991, even bigger numbers crossed Bangladesh.

In 1974, inspired by the rise of  Islamist movements around the world, the Rohingya Patriotic Front (PFO) armed group was formed from leftovers of earlier organized uprising that did not succeed in their quest. The PFO eventually broke up into several splinter groups, amongst which was the most fanatical was the Rohingya Solidarity Organization (RSO) an armed group formed in 1982. The RSO further broke up in 1986, which led to the formation of Arakan Rohingya Islamic Front (ARIF) in 1998. Then this two groups formed an alliance with the Arakan Rohingya National Organisation. But it was in 2013 saw a turning point in the arms struggle of the Rohingyas when a new but much more organized and funded outfit called ARSA (Arakan Rohingya  Salvation Army) formerly known as Haraqah Al Yakin, was formed. The founder is Ataullah Abu Ammar Jununi, a Rohingya born in Karachi, Pakistan, and grew up in Mecca, Saudi Arabia. So now the connection becomes clearer and wider. I guess at this stage you can fill in the rest. So with this new threat, the Burmese (now Myanmar) government has stepped up their actions against the Rohingyas. 

So the culprit here like any other place be it India/Pakistan, Iraq/Iran, Pakistan/Baluchistan, Israel/Palestine and many more flashpoints in the world has the dirty hands of the British.

So you tell me who should be ultimately responsible for this deadlock that has caused the deaths, and more importantly the creation of new crisis in Burma, Bangladesh, India and of course in Malaysia.

The Rohingyas want to survive and live. Years of persecution has hardened them, hence their ruffian like behavior. They are what they are, a man’ made tragedy. Bangladesh which is already plaqued with their own problems had inherited the Rohingya refugees by default. Bangladesh does not have the capacity to manage them, what more to provide permanent solutions. To this end, UNHCR has also its hands tied with no country willing to accept them permanently. Hence the Rohingyas instead of rotting in these poorly managed refugee camps, have slowly taken steps by themselves to illegally jump ship to other countries. India was of course their logical choice owing to proximity, and they have slowly penetrated all over India and in some cities they have created their own illegal colonies. But since Modi came into power, coupled with strong socio-political lobby against the Rohingya’s proliferation, extreme measures are being taken by the Indian government to deal with the Rohingyas, one of which is the citizenship registration exercise.  

Malaysia has always hosted refugees, though she is not a signatory to the United Nations convention on refugees and migrant rights. Since the arrival of the Vietnamese boat people in 70’s, to the Rohingyas now in Malaysia, we have witnessed a steady inflow of both refugees as well as illegal immigrants. One factor that has emboldened the inflow of Muslim refugees and illegal immigrants is the fact that Malaysia being a Muslim majority country has always been welcoming to other Muslims, regardless of their status. That being a noble act by our fellow brethren is highly commendable, but this has been taken advantage by these questionable migrants to the point that it has affected the socio-economic fabric of this country, and its national security. 

  

Many people fail to understand that any migrant community would work hard and persevere to improve their socio-economic status in the country of domicile. What more the Rohingyas, all they need is a small gap, and they would take total advantage to not only pull themselves from their rut but also make the best of that opportunity. I guess that is what we are seeing today, for many Malaysians, the Rohingyas are a menace, to many businesses they are a competitor. With an exclusive and defensive self-construct, they stand apart and exhibit a predatory behavior not only in Malaysia but wherever they go.   

    

Having said all of these that does not negate the fact that they are illegal immigrants as far as Malaysia is concerned because we do not recognize refugees. 

In fact, I would even be inclined to say that they are not our problem at all, therefore the enforcement agencies must take all precautions to deter the landing of these illegal immigrants, because moving from one refugee camp (Bangladesh) to another country cannot classify them as refugees in the first place. 

However, from newspaper reports we have been made to understand that there are already thousands of Rohingyas who are already in Malaysia, hence on humanitarian grounds they should be managed the same way how our country along with the UNHCR and the Malaysian Red Crescent Society managed the Vietnamese boat people. That means a proper refugee camp with sufficient infrastructure and facilities should be built to eventually house them. I believe this can be done with the assistance of the UNHCR and other global agencies such as the ICRC together with private funding, until a permanent solution or a proper repatriation is done. 

Otherwise if the government feels that the Rohingyas should be given a second chance in this country, then let’s give them citizenship and make them Malaysians, so that they come under the formal jurisdiction of the country. 

But by prolonging their current status, it is only going to lead to more uncertainty and chaos to all.    

Ravi Varmman

1051

Subang Jaya

26042020

Legitimizing Governance.

An act of war, a health pandemic of plaque proportion and natural disasters are all but a platform that legitimizes existing governance of the state. During these times politics play a little role or even political will is temporarily forgotten. The awareness of death hanging on everyone neck during these calamities overwhelms their rights to natural rights nor they would pretty much care for social justice. The primary motive at that time of crisis would be mere survival. 

This creates a large vacuum for heads of government (legitimate or otherwise) to fill in to which ever way possible either to strengthened their position or to further usurp power in order to stay in control. 

"Traitors who prevail are patriots, Usurpers who succeed are divine Emperors"- A thought provoking statement by Gore Vidal. 

A good read on the current state of affairs of the states, from the PM of Malaysia to the President of China.

https://www.economist.com/leaders/2020/04/23/autocrats-see-opportunity-in-disaster?fsrc=newsletter&utm_campaign=the-economist-today&utm_medium=newsletter&utm_source=salesforce-marketing-cloud&utm_term=2020-04-24&utm_content=article-link-1

IT'S A DOG'S LIFE

Aww...Isn't that Sweet

(Caught these two Puppies having a 'Cat' nap in Odisha)

This is the second time I am writing about Man's Best Friend....DOG. Earlier it was a narration observed from my visit to Varanasi, but today I am looking at the phrase, "its a dogs life", or rather its misnomer.

Can't get any Comfier

This idiomatic expression was first apparently coined in the 16th century denoting a miserable and wretched life. But perhaps in Europe from the 16th century onwards, owing to migration, coupled with scarcity of food, which  fueled the spread of epidemics that led to human calamity,i may also have witnessed domesticated animals, in particular dogs, living in total misery and despair.  

The Majestic Look

Two centuries before the above, the French nobleman Gaston III, Comte de Foix in his book Livre de Chasse (Book of The Hunt), praised his hunting dogs for their  loyalty and intelligence, which  goes to say, "I speak to my hounds as I speak to a man, and they understand me and do as I wish better than any man of my household, but I do not think that any other man can make them do as I do." The esteemed relationship that Gaston has with his dogs speaks volumes of the how his dogs would have lived their lives.

Taking a Boat Ride Crossing the Ganges River

But alas man forgets this bonding, when he himself is facing a rut. Animals which do not have any specific economic value would probably be the first to be neglected. Hence in the 16th century when calamity struck, dogs probably would have been intentionally freed to fend for themselves, joining their already roaming stray cousins. 

With less food on the table for man, leftovers becomes even lesser on the street to be scavenged, hence the animals resigned to a woebegone look. So there you have it , "its a dog's life."

A Lazy Afternoon at the Ghats in Benares 

A week ago a friend of mine posted the news of his dog,  Max,   passing away, accounting for the very good times the entire family had with Max, and also their last effort in saving Max. Max was old and his time was up, but none of the family members were willing to let go. Despite the Movement Control Order (MCO) by the Malaysian government, all effort was done in a state of the art veterinary hospital to save Max, but old age had set in with organs failing, and eventually he died. 

Dogs at funeral pyre in Varanasi

The death itself saw  another process where an actual wake was conducted to see through Max's final journey. The entire episode was not peculiar to me, because I have witnessed such emotional outpouring and grief amongst dog lovers all over the world. When our Abby and later Krystal passed on a few years ago, it was indeed a very difficult moment for all of us. Such was the life of Abby and Krystal who not only brought joy to our lives but everyone in the family, showered loves to them as well. 

 

Our Abby

Our Krystal

Today we  have Aryan and Athena, the rascal siblings, who had their teeth sunk in about everyone's footwear, including yours truly's Italian shoe. Anger aside, but never blamed them, Greeja says, "it is your fault, you know they will do it, then why keep the shoes near them." So thus is the status of our dogs at home.  

Many may remember the TV series "Lassie " of the late sixties and early seventies, where this darling Collie would always save the day, or even the movie Marley and Me, where Marley the incorrigible Labrador retriever  stole everyone's heart.  These "celebrity" dogs are simply too profound to ignore how dogs have impacted us. 

My Life In the Guitar Case

When Greeja and I were in Japan, some years back,  the one spot Greeja wanted to go was to the monument built for the dog named Hachiko, at the entrance of the Shibuya Station. Hachiko was a golden brown Akita breed, that stood for loyalty to its human companion. Hachiko's routine was to send his companion, a Professor to the Shibuya station, in the morning and waits for him in the evening to follow him back home. On one unfortunate day the Professor did not return home as usual because he died of a brain hemorrhage whilst teaching and Hachiko for the next 9 years, 9 months and 15 days came to the Shibuya Station every evening, rain or shine waiting for the Professor, till Hachiko breathed its last .  This true story was made into a Hollywood  movie starring Richard Gere as the Professor.  Thus was a dog's life, a faithful companion till the end. You  may have also come across many other similar accounts of a dog's unconditional relationship with thier owners and human companions.

Hachiko Monument at Shibuya Station 

.

When the locked down was announced, one of the first things we did was not to rush to the supermarket to purchase toilet paper (not that we use it anyway) nor stock up our shelf with dry food, but we actually went to the pet store to purchase dog food, so that we have enough to see Aryan and Athena through the MOC.

Aryan and Athena

In the city of Vadodara, Gujarat, India, Hansa Roy a former geologist with an Oil&Gas company, feeds 250 stray dogs everyday. Such good samaritans are found all over the world, coming from all walks of life. The current COVID 19 pandemic had placed most countries in the world under MCO, a such not only that samaritans may not be able to feed the strays but even the strays may find it it difficult to scavenge for food as most eating places have also shut down hence left overs may also be scarce. 

Did You Call Me?

In Chennai, Blue Cross of India is cooking food for strays and have contacted neighbourhood volunteers to avail themselves at various pick up points to collect the cooked food for strays. To this end the Chennai City Corporation and the police have been cooperating in this effort. In Mumbai the Anubis - Tiger Foundation have pledged to provide animal food to Ahwaaz Voice of Stray Animals, to areas that the regular feeders aren't able to reach. Thus are the efforts taken in several cities in India, in the midst of the current pandemic. Similar efforts are being undertaken in many parts of the world to take care of strays, and in particular dogs,  which constitute the biggest number among the  the stray animals. 

Socializing

Why India as an example Well on one hand, there are thousands of workers who are out of jobs owing to the MCO, seem to have it worst there. Struggling on a day to day basis depending on alms provided for by the government or any other good samaritan organization, these people are in one tight spot with no availing avenue for solution. On the other hand, concerted efforts are being taken comprehensively by civil societies to take care of the plight of dogs in particular. So in a way the the dogs appear to have a better patron than humans. 

Who is walking Who?

Dogs have had special bonding with man since they were domesticated about 15,000 years ago. However scientists have divided opinions on this, as some of them are pushing it to another 15,000 years. Whatever it is,  the advent of the 19th century brought about the Victorian obsession towards dog breeding that evolved to the existence  of  the many breeds we have today, thus the fascination also increased.

Let's Hurry Up

From the primadonna dogs of the well-heeled to the strays on the street, it seems a DOG'S life is better of then that of many people in the world.

Don't Worry I am Here

So do you think "it's a dog's life" still  holds the original meaning, or maybe in the 22nd century English lexicon, "I'TS A DOG'S LIFE" means, life could not be any better?



Ravi Varmman
0820
Subang Jaya
03042020