What's in a surname: The origins of 'Modi', its caste linksPremium Story

The Indian Express | 1 hour ago | 28-03-2023 | 11:45 am

Congress leader Rahul Gandhi, who has been unseated from Parliament after his conviction and two-year sentence for defamation triggered Section 8(3) of the Representation of the People Act, 1951, argued before the magistrate’s court in Surat that he had caused no personal damage to the petitioner, BJP MLA Purnesh Modi — and there was, in fact, no specific community called “Modi” in the country.At an election rally in Kolar, Karnataka, on April 13, 2019, Rahul referred to fugitive businessmen Nirav Modi and Lalit Modi along with Prime Minister Narendra Modi, and asked, “Why do all thieves have the surname Modi?”The next day, Purnesh Modi filed a private complaint before the Chief Judicial Magistrate, Surat, accusing Rahul of having defamed everyone with the name Modi.“Any person with the surname Modi across India belongs to the Modi Samaj-Modhvanik community and is found in the whole of Gujarat as a whole, and this community is also present in other states apart from in Gujarat… The accused by insulting the Modi surname of current Prime Minister Shri Narendra Modi, has insulted the 13 crore Modi surnamed people by calling them ‘chor’ for political selfishness,” Purnesh Modi said.Rahul Gandhi’s lawyer Kirit Panwala argued in court that there is no “identifiable and determinate” community called ‘Modi’. “It is Purnesh Modi who terms the Modhvanik community as the ‘Modi’ community; there is [actually] no evidence of it (the ‘Modi’ community). If the ‘Modi’ community comprises 13 crore people, it is not an identifiable and determinate community,” he told The Indian Express.“Only one sentence should not be taken as defamatory. He (Rahul) has not insulted any community. The Modi surname [does not belong to] only the Modhvanik community but also to [people from] other castes. If proper identity is established, [only] then this case is maintainable…here, identity is not established,” Panwala said.Although many people use the surname Modi, it does not denote any specific community or caste. In Gujarat, the Modi surname is used by Hindus, Muslims, and Parsis. There are people with the Modi surname among Vaishnavas (Baniyas), Kharwas (fishermen from Porbandar), and Lohanas (who are a community of traders).Purnesh Modi, the complainant in the Rahul Gandhi case, belongs to the Modhvanik community of Surat, as does Hasmukh Lalwala, who was Purnesh Modi’s lawyer earlier, and Kirit Panwala, counsel for Rahul.Members of the Modhvanik clan worship Modheshwari Mata, whose temple is near the Modhera Sun Temple in Mehsana district. Prime Minister Modi visited the Modheshwari temple in October last year, ahead of the Assembly elections in Gujarat.According to Lalwala, there are around 10 lakh Modhvaniks in Gujarat. They live everywhere in the state, though mainly in North and South Gujarat.No, they don’t. In fact, there is no community or caste by the name “Modi” in the central list of OBCs for reservation in jobs and education.Entry no 23 in the central list of 104 communities of OBCs from Gujarat reads: “Ghanchi (Muslim), Teli, Modh Ghanchi, Teli-Sahu, Teli-Rathod, Teli-Rathore.” All these communities have traditionally engaged in activities related to the extraction and trade of edible oils.Members of these communities who live in Eastern Uttar Pradesh usually use the surname Gupta and often, Modi as well.In the 136 communities from Bihar listed in the central list of OBCs, there is no “Modi”, even though there is a “Teli” (entry no 53 in Bihar’s central list of OBCs). The most prominent BJP leader in Bihar, Sushil Kumar Modi, has filed a separate case of defamation against Rahul.In the list of 68 communities of Rajasthan in the central OBC list, there is “Teli” as the 51st entry, but there is no community listed as “Modi”.Some were in the central list of OBCs from the beginning — when the first central list of OBCs was notified in 1993 after the implementation of the ‘Mandal’ reservations.On October 27, 1999, the Muslim Ghanchi community was added to the central list of OBCs, along with some other similar communities from other states. Subsequently, by a notification dated April 4, 2000, other communities from Gujarat such as “Teli”, “Modh Ganchi”, “Teli Sahu”, “Teli Rathod”, and “Teli Rathore” were added to the central list of OBCs.Thus, the caste to which Prime Minister Modi belongs — Ghanchi — was included in the central list of OBCs almost 18 months before Modi first became Chief Minister of Gujarat (on October 7, 2001).As mentioned above, there are Modis in UP and Bihar.This surname is also widely used by Marwaris, who are from the stock of Agrawals, who are said to belong to Agroha in Hisar, Haryana, and subsequently spread to districts like Mahendragarh of Haryana and Jhunjhunu and Sikar of Rajasthan.The grandfather of former IPL Commissioner Lalit Modi, Rai Bahadur Gujar Mal Modi, moved from Mahendragarh to settle near Meerut, and the town was later renamed as Modinagar.The fugitive diamantaire Nirav Modi hails from Gujarat’s Jamnagar, from a community that has been traditionally engaged in the diamond trade.The former chairman of Tata Steel Russi Mody, and the stage and film personality Sohrab Modi, were Parsis from Bombay (Mumbai).

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‘Rahul’s words, Sonia’s sanskar’: Smriti Irani on Youth Congress Prez BC Srinivas’ remarks about her

The Indian Express | 1 hour ago | 28-03-2023 | 11:45 am

The Indian Express

1 hour ago | 28-03-2023 | 11:45 am

Union Minister Smriti Irani on Tuesday  came down heavily on Congress leaders Rahul Gandhi and Sonia Gandhi over some controversial remarks about her made by Youth Congress President BC Srinivas during a recent event organised by the Congress.“Shabd Rahul Gandhi ke hain, sanskaar Sonia Gandhi ke hain, bas zuban Yuva Congress ki hai (The words are Rahul Gandhi’s, the values are Sonia Gandhi’s, only the mouth belongs to Youth Congress),” she said.“Shabd Rahul Gandhi ke hain, sanskar Sonia Gandhi ka hain bas zubaan Yuva Congress ki hain” says Union Minister Smriti Irani on the reported “gungi-behri” remark on her by the President of Indian Youth Congress Srinivas BV pic.twitter.com/AIX1CLXfaB— ANI (@ANI) March 28, 2023“I am saying this because he’s not the first Youth Congress chief who is making indecent comments… Jab tak ye do hain, tab tak Congress ka neta jo promotion chaahega, woh is praakar ki abhadra tippiniya karta rahega (Till the time these two are here, any Congress politician who wants a promotion will continue making such indecent comments),” Irani added.The remarks in question were made at the Congress’ ‘Sankalp Satyagraha’ on Sunday (March 26). In a purported video clip of the speech, he can be heard saying in Hindi, “The BJP means inflation. These same people in 2014 used to say that there is inflation witch which has been made to sit… Smriti Irani has become a little mute and deaf. That witch (Daayan)… Inflation witch (Mehengaai Daayan) has been made a darling and made to sit in the bedroom.”Congress has become a cesspool of misogyny , hatred for women especially if she comes from a humble background & defeats an entitled dynastFirst abuse OBC, then courts, then throw papers at Speaker; abuse journalists now abuse women!Time & again, Congress has abused those… pic.twitter.com/8KwU01a9tH— Shehzad Jai Hind (@Shehzad_Ind) March 27, 2023The BJP has come out strongly to attack Srinivas over the clip. Party spokesperson said that Congress has become a “cesspool of misogyny”.“First abuse OBC, then courts, then throw papers at Speaker; abuse journalists now abuse women! Time & again, Congress has abused those who have risen up to the top by strength of their hard work – they called Rashtrapati as Rashtrapatni; they said Draupadi ji has evil mindset; they abused even the mother of PM; they chanted ‘Modi ki Kabr’ khudegi. The words are from BV Srinivas but the soch (thought) is of Rahul Gandhi. Will Priyanka & Sonia ji take action on him? Is this ‘Ladki hoon lad sakti hoon’ or a party of such disgusting misogynists?” he tweeted.Meanwhile, the Youth Congress has reacted strongly to the charges, claiming BJP leaders were sharing a doctored video of he speech made by Srinivas to tarnish his and the party’s image. “It is nothing but a disinformation and fake news campaign initiated by BJP supporters and office bearers,” it said in a statement.

The jibe that cuts deep: BJP breathes fire after Rahul’s ‘not Savarkar’ remark

The Indian Express | 1 day ago | 27-03-2023 | 11:45 am

The Indian Express

1 day ago | 27-03-2023 | 11:45 am

It is a dig that seems to infuriate the BJP like no other. On Sunday, the ruling party hit out at Congress leader Rahul Gandhi for saying that his name was “not Savarkar”. Gandhi made the comment at a press conference in New Delhi on Saturday when asked if he would apologise for the remark that got him disqualified as Lok Sabha MP the day before.“My name is not Savarkar. I am a Gandhi. I won’t apologise,” Rahul said when asked about the BJP’s demand for an apology for the remark that a court in Surat has ruled as defamatory. The “my name is not Savarkar” jibe was a reference to the mercy petitions that V D Savarkar, an icon of the Hindu right-wing, wrote to the British government while imprisoned in the Andamans.In a series of tweets, BJP leader and Union Minister of Information and Broadcasting Anurag Thakur said Rahul could never be Savarkar as the Hindutva ideologue was known for his determination. Thakur wrote, “Dear Shri Gandhi, you can never be SAVARKAR even in your best dreams because being Savarkar requires strong determination, love for Bharat, selflessness and commitment. @RahulGandhi You can never be… ‘SAVARKAR’ (Read in Caps).”Dear Shri Gandhi, you can never be SAVARKAR even in your best dreams because being Savarkar requires strong determination, love for Bharat, selflessness and commitment.@RahulGandhi You can never be…“SAVARKAR”(Read in Caps)— Anurag Thakur (@ianuragthakur) March 26, 2023Taking a dig at Rahul’s visits abroad, Thakur said Savarkar “neither spent six months in a year holidaying abroad nor did he seek intervention from foreign powers”. When Savarkar went to England, he “blew the bugle of war against the British to free Mother India from slavery”, said the minister. Thakur claimed that such was the respect for Savarkar’s patriotism that none other than Bhagat Singh went to Ratnagiri in Maharashtra and arranged for Savarkar’s book India’s First War of Independence to be translated and circulated in Punjab.Thakur claimed that well-known leaders and thinkers at the time were in awe of Savarkar’s patriotism and courage, adding that the Congress in its Kakinada session in 1923 passed a special resolution “in favour of Savarkar”.The Union Minister said the government led by Indira Gandhi, Rahul’s grandmother, released a documentary on Savarkar to acknowledge his “valour, sacrifice, and selfless service to the nation”. Thakur posted the image of a letter, dated May 20, 1980, in which Indira Gandhi wrote, “Savarkar’s daring defence of the British government has its own important place in the annals of our freedom movement.” The letter was written to Pandir Bakhle, the secretary of a trust set up in Savarkar’s memory.Here you go!When Smt. Indira Gandhi Ji was the Prime Minister of India, a documentary on Sh Veer Savarkar Ji was released by Government of India to acknowledge his valour, sacrifice, and selfless service to the nation.5/6https://t.co/o4BBlCN19O— Anurag Thakur (@ianuragthakur) March 26, 2023“Think. In honour of the great personality Veer Savarkar, his grandmother used to do all this,” wrote the Union Minister. “None of the great men of that era would have said wrong things about him. Today, Rahul Gandhi says all these things. He is not insulting Savarkar but insulting his grandmother, Netaji Bose, Bhagat Singh, and even Gandhi ji.”Thakur also posted another image of a postal stamp issued during Indira Gandhi’s tenure as a tribute to Savarkar. “Only a person who does not understand all this can insult Savarkar, from whose books Bhagat Singh made notes in his diary before his execution,” said the minister.At a press conference in Delhi, BJP spokesperson Sudhanshu Trivedi also criticised Rahul, saying the Congress leader can never “even in his dreams” match the level of “patriotism and bravery that V D Savarkar had shown during India’s freedom struggle”.This is not the first time Rahul Gandhi’s comments on Savarkar have riled the BJP. During the Maharashtra leg of the Bharat Jodo Yatra last November, the Congress leader read from a mercy petition that Savarkar wrote to the colonial government and said that in the letter the Hindutva ideologue called himself an “obedient servant of the British”. The comments drew backlash from the BJP and some in the ruling alliance of the BJP and the Shiv Sena led by Chief Minister Eknath Shinde said the yatra should not be allowed to proceed.

Lok Sabha adjourned within a minute as Opposition MPs protest against Rahul Gandhi’s ‘illegal disqualification’

The Indian Express | 1 day ago | 27-03-2023 | 11:45 am

The Indian Express

1 day ago | 27-03-2023 | 11:45 am

Congress and other Opposition MPs wore black in protest against the “illegal disqualification” of Rahul Gandhi from the House. The unruly scenes made speaker Om Birla adjourn the proceedings in a few seconds.As soon as the House met Congress MPs – TN Pratapan Hibi Eden, Jothimani S and Ramya Haridas rushed to the well of the house, tore the papers in their hands and hurled them at the Speaker. Some of the MPs were waving black stoles also at the speaker. Birla adjourned the proceedings in a few seconds.The Congress MPs, however, continued the protests inside the house in the well of the house, tore papers and hurled it at the speaker’s chair while one banner was thrown on the chair of the speaker after he left the house.Along with Congress members, MPs belonging to DMK, NCP, Left and BRS were also wearing black today. TMC MPs had their mouth covered by a black band.The MPs were holding placards like Jago ED, ED Modani Bhai Bhai” etcAfter the house proceedings were adjourned the opposition held a brief protest in front of Gandhi statue in which Sonia Gandhi and Congress president Mallikarjun Kharge were present.The opposition then marched with shouting slogans to Vijay Chowk.

We need to review defamation, raise the bar for disqualificationPremium Story

The Indian Express | 1 day ago | 27-03-2023 | 11:45 am

The Indian Express

1 day ago | 27-03-2023 | 11:45 am

With Rahul Gandhi’s disqualification from Parliament, many questions pertaining both to its legal and political ramifications have been doing the rounds. I intend here to both clarify many questions being raised and also raise new and significant ones which are consequential not only to the present case but more broadly, to the fate of our parliamentary democracy.On March 23, the chief judicial magistrate, Surat, sentenced Congress MP Rahul Gandhi to two years imprisonment and also imposed a fine of Rs 15,000 after convicting him for the offence of criminal defamation under Sections 499 and 500 of the Indian Penal Code.The court suspended his sentence for 30 days and granted him bail to enable him to file an appeal in a higher court against its verdict. Following this, the very next day, the Lok Sabha Secretariat issued Rahul Gandhi’s disqualification notification.Congress workers rushed to the streets in many parts of the country, instead of his lawyers rushing to the court in appeal. The solution only lies in the courts. The disqualification can only be reversed if a higher court grants a stay on the conviction or reverses the conviction. After the Lily Thomas judgment of the Supreme Court in 2013, disqualification comes into immediate effect.On October 1, 2013, Rasheed Masood became the first MP to lose his membership of Parliament upon his conviction in a criminal case. After that, over 20 other legislators, including Lalu Prasad, have been disqualified under the same provision.Did the Lok Sabha secretariat act in undue haste as alleged by some? A former Attorney General pointed out that the secretariat has no option. He clarified that as soon as the judge signs the conviction order, disqualification kicks in. He, however, did not mention a violation of this principle that has happened in a similar case from Lakshadweep.The Lakshadweep MP Mohammed Faisal was convicted in an attempt-to-murder case and was awarded a 10-year sentence. Two days later, the Lok Sabha Secretariat issued a notification disqualifying him. On January 18, 2023, the Election Commission declared a by-poll for the Lakshadweep seat. However, on January 25, the Kerala High Court stayed Faisal’s conviction. The SC thereafter stayed the by-poll — which the Election Commission had ordered with a similar speed. Even then, to this day, he has not been reinstated in Parliament. What the legal luminary has not mentioned is whether the removal of disqualification also comes into effect the moment the court signs the order suspending conviction. Does this not lend credence to the allegation of selective haste? Besides, doesn’t this wilful disobedience to the orders of the High Court, attract contempt of court? In Lok Prahari v Election Commission of India (2018), the Supreme Court held that once a conviction has been stayed during the pendency of an appeal, the disqualification which operates as a consequence of the conviction cannot take or remain in effect.Some puzzling questions remain that need to be answered. How was it that the petitioner who filed the suit against Rahul Gandhi, sought a stay from the High Court on Gandhi’s trial last year and was successful in delaying the proceedings for nearly twelve months? And what specific circumstances prompted him to seek a vacation of stay when no additional evidence was produced? Why was the magistrate changed last month? No reason has surfaced.Thirdly, did Rahul Gandhi’s remarks come under criminal defamation as opposed to civil defamation? This is what he had said at a rally in Kolar, Karnataka, on April 13, 2019: “One small question, how are the names of all these thieves ‘Modi, Modi, Modi’… Nirav Modi, Lalit Modi, Narendra Modi…”Did it call for a sentence of the maximum possible prison-term of two years? Incidentally, this is the minimum period of punishment which attracts disqualification under the Representation of People Act 1951.Fourthly, and perhaps most importantly of all: In a political atmosphere such as ours which is being increasingly charged with high levels of hate speech and vitriolic politics, how many of our politicians can truly survive the test of Section 153 (a) and Section 505, conviction under both of which can lead to disqualification under Section 8 of the Representation of People Act, 1951? Both the aforementioned sections deal with the offences of promoting enmity based on religious and linguistic grounds, among others. Therefore, why is there this selective efficiency in disqualifying members of the Opposition while turning a blind eye toward the members of the ruling dispensation? Surely, as the ruling party themselves are stating repeatedly, equality before the law is a cardinal principle and no one is above the law.I believe it is high time that we review and rethink the use and legitimacy of defamation cases in general. Many democratic countries around the world, including the UK, USA and Sri Lanka have decriminalised defamation where it is no longer a criminal offence. It may do us well to follow suit.Finally, in conclusion, it must be remembered that the best and the correct way to proceed from hereon will be through the due process of the courts. The judgment determining the legality of the disqualification cannot be deliberated in the streets. The political fallout of this issue is slowly unfolding and we wait to see where this may finally take us, especially in light of the 2024 general elections.But whatever may be the electoral results and legal verdicts, it is an indisputable fact that a healthy Opposition is imperative for a healthy democracy. We must not allow it to be killed.The writer is former Chief Election Commissioner of India and the author of An Undocumented Wonder: The Making of the Great Indian Election

'Hawa Nikal Gayi': Rahul Gandhi’s crude snub shows everyone likes a free press – if it is a press they like

The Indian Express | 1 day ago | 27-03-2023 | 11:45 am

The Indian Express

1 day ago | 27-03-2023 | 11:45 am

It is easy to forget, given the last nearly-nine years, that the press conference is, in fact, a staple of most modern democracies. But every few weeks or so, the all-mighty Algorithm throws up a particular kind of video on the social media timelines of liberal Indians, that serves as a reminder. One can view, from archives Indian and international — Jawaharlal Nehru, Indira Gandhi, Morarji Desai… all the way up to A B Vajpayee and Manmohan Singh — the most powerful leaders answering questions. They subjected themselves to scrutiny by reporters – with often combative but rarely disrespectful questions — at press conferences and through interviews that went beyond mangoes, motherhood and apple pie.That tradition has been changed by the party in power and the Prime Minister. Unfortunately, by attacking a journalist for asking a perfectly legitimate question – doing his job — at a press conference, Rahul Gandhi has indicated that the desire for a pliant and pliable Fourth Estate runs across party lines.It went something like this: The former MP from Wayanad – disqualified last from the Lok Sabha last week after a questionable conviction for defamation during a political speech – was confident and articulate about what he believes is an attempt to silence him. He referred to the Bharat Jodo Yatra as well as the alleged “Adani-Modi” nexus – two themes that have marked his recent public statements. But when a journalist asked him to respond to the BJP’s allegation that the statement he has been convicted for is “anti-OBC”, Rahul decided to shoot the messenger. “Why are you directly working for BJP? If you want to work for BJP, then wear a BJP badge. Don’t pretend to be a pressman… Kyun hawa nikal gayi?” he said. There was, unfortunately, a self-congratulatory tone to “hawa nikal gayi”, a smirk at the satisfaction of a well-placed jibe.First things first. Asking an Opposition leader to respond to the allegations against him by the party in power is not endorsing the latter’s view. Trying to get Rahul’s reaction to the BJP’s comments is reporting 101. The public has a right to know what is Rahul’s answer to the OBC allegation.More importantly, Rahul’s attack betrays a lack of appreciation of what a free press is supposed to do. For the health of a democracy, the press cannot be part of the power structure – its job is to ask questions that can often make those on the pulpit and the stage uncomfortable. Its job is to use the privilege of its access to ask questions that the citizen cannot. No matter who holds the press conference, no matter how much the reporter agrees or disagrees with them.There are, of course, sections of the media – like every other profession – that have chosen to act as loudspeakers and cheerleaders rather than interlocutors for the public. But just as not all politicians are corrupt, and not every act of political rhetoric is defamation, not every uncomfortable question is the result of a “compromised” journalist.To be fair, Rahul Gandhi has not shunned the media as other, more powerful leaders have done. Throughout the Bharat Jodo Yatra – and even before it – he has taken questions although his interviews, too, have often been soft and choreographed. Yet, one of the aspects of the political persona he wants to showcase has been of someone who listens to the people. That character is undermined with “hawa nikal gayi”. Because, the stage, the microphone and the backing of a political organisation make you more powerful – by many orders of magnitude – than the reporter asking a question.To put him down for doing his job is not wit – it is bullying.The Mumbai Press Club has asked Rahul Gandhi to apologise to the journalist. It is a reasonable demand. And, in an era where insults, arrests and attacks on journalists have become far too commonplace – just last week the Chennai police arrested a 23-year-old for sharing a video critical of the DMK government – Rahul should make amends. An apology would be an essential part of the political idiom he is trying to fashion. And it’s the right thing to do.A footnote: There is a silver lining in the “hawa nikal gayi” episode. Even those deft at using the ruling party’s blunt instrument against detractors, within and outside the press, have celebrated the need for leaders to answer questions they may not [email protected]

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