Of Queen’s Counsels &”Seniors”

I feel there should be no Senior Advocates only advocates.

Endowment not habiliment is the test of a lawyer. He should be recognised by his performance not his robes and his identity should lie in his work not attire. The gown does not make a lawyer. An incompetent lawyer will only disgrace it while the competent should not need it.

As long as the system remains it is liable to be exploited. A lawyer who is not designated can be run down as being incapable and be unjustifiably compared unfavourably with another who is designated aside from being denied priority in appearance in court despite superior capacity while the incapable can perpetually hide their incapacity in their robes and get undeserved preference when in fact they should be denied an audience altogether.

There is a hike in fees immediately upon designation despite want of any improvement in the quality of work. A non-designated lawyer has to explain (often without success) even a warranted increase in his charges. This not only shoots the cost of litigation up without any corresponding improvement in the quality of practise but adversely affects the quality itself as more effort is placed on the race for designation through networking rather than working.

Preference is often shown to senior advocates in courts and in some it becomes the very condition for practise. Aside from being anti-merit this is also anti-democratic as it not only stifles potential it entrenches established interests.

It is a little known fact that Francis Bacon was the first person to be so appointed and that too for reasons having nothing to do with his undisputed versatility. Till his appointment the Attorney General, Solicitor General and King’s Sergeants were Kings Counsel in Ordinary. Queen Elizabeth appointed Francis Bacon Queen’s Counsel Extraordinary. The reason for this extraordinary honour was only political and intended to prevent him from acting against the Crown. The appointment as Kings Counsel therefore had nothing to do with the admitted capabilities of Bacon – a trend which continues till today.

Distinction never needs any dressing up. It is self-evident.

Merit is always humble. It makes a place for itself without having to be ushered in.

Ability requires no badge of honour. It attracts attention without a formal proclamation.

And true recognition lies not in formal acknowledgment but in voluntary appreciation.

So where do we fit designation of Senior Advocates?

The Case for KOHINOOR

The statement made in the Supreme Court of India on the Kohinoor diamond is astonishing and is contrary both to history and law.
Kohinoor was part of loot not “gift” and the very circumstances surrounding the Last Treaty of Lahore by which it is claimed that the diamond was ceded to the Queen of Victoria – the Last Treaty of Lahore was signed immediately after the Second Anglo-Sikh War and Duleep Singh who handed over the diamond was but a child – showed that the “gift” was anything but voluntary! And the law too permits the making and enforcing of the claim for return of Kohinoor to India.
In Resolution 3187 of 1973 The General Assembly, deploring removal during colonial or foreign occupation of objects d art, declared that  “the prompt restitution to a country of its objets d’art, monuments, pieces, manuscripts and documents […], is calculated to strengthen international co-operation inasmuch as it constitutes just reparation for damage done”.
The Resolution recognises the customary rule of prohibition against the use of force recognised in several instruments of international law commencing from the Final Act of the Congress of Vienna of 1815 to the Hague Conventions, UN Charter and the UNESCO Convention of 1970 and subsequent developments.
Opponents of the restoration of cultural artefacts rely on the fact that East India Company was a private corporation and India was not a colony of the British at the relevant time. They also rely on the principle of inter-temporal law according to which the issues should be assessed not on the basis of existing international rules but law in force at the relevant time.
Neither submission can prevail.

The site of the Parliament of UK has a section Parliament and Empire. It records that East India Company Loan Act and the East India Company Regulating Act made it possible for the government in Britain o extend a loan to the Company in exchange for recognition of the British state’s ultimate authority over the Indian territories.It leased to the Company continued political control of its Indian territory in exchange for a payment of £40,000 every two years. It also established the post of governor-general who, with a council of four members, was to have overall authority over the Company’s territories. More government control came with the India Act of 1784, under Prime Minister William Pitt. This created a committee of six government appointees, known as the Board of Control, who were to monitor and direct the Company’s policies. The government was also to have the final decision on the Company’s nominations for its officials in India. This and a further new law passed in 1786 greatly increased the authority of the governor-general over other Company officials. The ultimate control therefore lay with the government itself and liability cannot be disclaimed on the ground that East India Company, which in any event was established by Royal Charter, was merely a private company.

The inter-temporal principle cannot apply to human rights obligations. Cultural artefacts are part of the nation’s heritage and constitute its identity and the right to this cultural patrimony both tangible and intangible is basic to human dignity and indispensable for social and cultural progress. The very moral dimension of it makes it a human right. The instruments dealing with this subject, therefore, could not be said to define the norm but merely declared what already existed as an autonomous and binding principle.

It is sometimes also said that there can be competing claims by the Iranians or Afghans whose rulers held the diamond at different times. The diamond however came from the Kollur mine in Andhra Pradesh, India which was the only one to produce it at that time. As right to cultural artefacts is an imprescriptible human right and there is an obligation to return on all who may have acquired this physical cultural artefact by force the diamond has to eventually return to Indian territory no matter how many hands it may have passed through. Such artefacts are not considered private property and there is an obligation to preserve them within the territory to which they belong.

Interestingly the statement reportedly made by  in the Supreme Court was “If we claim our treasures like Kohinoor from other countries, every other nation will start claiming their items from us. There will be nothing left in our museums.” Ironically David Cameroon had used almost the same words when he came to India in 2010; he said,”If you say yes to one you suddenly find the British Museum would be empty. I am afraid to say, it is going to have to stay put”. 

It is not a question of which museum gets empty. Its the issue as to which museum is the right custodian of the artefact. And Kohinoor belongs to India.

 

Prince William, Kate, Diana Bench & Taj Mahal

I wonder why a request was made to remove the scaffolding from the pillars of Taj Mahal for Prince William-Kate Middleton photograph. The scaffolding was as much a symbol of love as the monument itself. After all the sentiment behind fixing what needs repairs (whether a monument or a relationship) can be love only!

But it seems those making the request had a different sense of both history and love.

William’s advice to the royal photographer who took their picture thus was, “I hope you got the symmetry right”! So symmetry can prevail over chemistry and can still be love. It is interesting to know, as has been written by Anant Kumar in Case Reports in Women’s Health (Volume 1-2, January-June 2014), that Mumtaz Mahal died of complications from repeated child-birth from what are preventable causes of maternal mortality many of which continue till today. Shah Jahan chose not to spend money to address those problems but built the monument instead. I doubt William was aware of it but in a way Taj can be symbolised in symmetry even after the chemistry is over!

Perhaps thats why there is a Diana Bench at Taj. The solitary figure of Diana sitting on the bench hinted loneliness and isolation and Diana separated from Charles just a few months later. I am sure Mumtaz Mahal would squirm in her grave when she sees that bench. Appropriately(?) a photoshoot on it is with one’s back to the Taj Mahal. In any case the dead are history. Why bother about them! The monument stands and symmetry counts.

Lord William Bentinck apparently felt the same way much before the Diana Bench. If he had had his way the Taj Mahal would have been dismantled in 1835 and its marble auctioned. Besides nothing that is native is important. Just like the 50 million lives lost to famines under British Raj. Bentinck had no qualms about dismantling the whole edifice. So William’s generation’s lack of concern for the minarets should not be much of a surprise.

In any event history does not necessarily mean going back in time! Surely not when you are a Royal.

A possible explanation  for the request is the distortion of the time-space continuum. It presumed we are still in colonial times and the Queen of England is the Empress of India. Or perhaps there was movement forward in time with Prince William becoming not only King but the ruler of India. After all Royals can do no wrong and in fact can do anything – time travel included.

There can be however another charitable explanation. Buckingham Palace, which is about 300 years old itself, was requiring urgent repairs for a long time but the the same were being deferred. It was reported that when a plumber entered the Queen’s bathroom to repair to the old-fashioned chain-pulled cistern he while trying to fix the problem leaned against the lavatory and part of the structure came away from the wall. If the former imperialist government can go slow on repair of the Palace why cannot the former colony do the same with Taj Mahal?

I wonder if the Diana Bench will be re-named now. Let Mumtaz Mahal ponder while we await the next generation of royals and another photo-shoot.

Mr Chidambaram’s “Polarisation”: Blame-Game & Half-Truths

The country, said Mr Chidambaram, is “most polarised” comparing it to the time of partition of the country.

The comment was seemingly uttered with a sense of dismay at what was perceived as a deteriorating situation in the country.

Lose comments deny dignity to serious concern. Mr Chidambaram’s comment is a case in point.

Polarisation is understood as extreme divergence in opinions with distance between the extreme points of view so large as to deny any possibility of convergence. One cannot, however, talk about “polarisation” without addressing the issue of freedom of speech.

A misuse of the freedom implicit in mischievousness, distortion or obscurantism closes door to dialogue frustrating the purpose of communication and contributing only to noise and not public discourse.

Then again, not every polarisation of views is bad. In dealing with the subject of polarisation, to make the discussion meaningful, one must specify the issues on which there is extreme disagreement and further consider whether disagreement on those issues can justify apprehension of a larger discord as can threaten cohesion in society.And in dealing with the latter both discord and justification need to be considered. An unjustified discord will create polarisation only to create disorder and law will have to intervene to clam down on it.

Mr Chidambaram addressed neither the issue of abuse of freedom of speech nor specify what issues he had in mind while commenting on polarisation and did not also dwell on the question whether disagreement on those issues is justified as to label the matter disagreed with dangerous.

The comment was only an appeal to emotion and is mere prejudice parading as fact.

The immediate context for the comment was the JNU controversy. JNU became controversial because of comments about “judicial killing” of proven terrorists and emphatic demands of “self-determination” of Kashmiris. The former means courts in India murder and latter questions the integration of Kashmir into India.hero even for students

Strangely Mr Chidambaram mentioned partition of the country not independence which accompanied it and framing of the Constitution which followed establishing rule of law in the country with courts as its guardian and Kashmir as part of its territory.

It were those wanting partition who demanded Kashmir and rejected secular foundation for the new state they created. Mr Chidambaram’s comment shows his affinity with this group rather than those who fought for and established an independent India.

If an Indian objects to secession and to the undermining of a system entrenched constitutionally it is the point of view that the Indian opposes which is dangerous. As wide a disagreement as possible with this view is imperative for the integrity of the country. And using this as an instance of “polarisation” is mischievous.

Similarly if “beef” moves from being food to political weapon consumed not to satiate physiological need but make a political point the intent clearly being to spite another not satisfy oneself vociferous opposition is not only important but necessary for such hate will  feed itself till it consumes the country. Why no comment on celebratory beef binging? Is polarisation bad only if it entails a disagreement with your point of view?

Who made HCU debate Dalit issue? Afzal was a hero even for students of HCU and judicial killing flavour of the debate. Is this a discipline issue or Dalit issue?

And while the Asura tribe, constituting a minuscule part of the population may celebrate Mahishahsura, The Times of India reported, “Today, few Asurs, especially the younger generation, know who Mahishasura was and what he means to their community and the activists hope to change that. Soon after the gathering in Purulia, the tribals will congregate at Jawaharlal Nehru University in New Delhi on October 26 to raise their voice against the “centuries-old systematic repression of their culture and religion”. The students of JNU are more aggrieved than the tribals whose cause they claim to espouse to create a fractious environment where none exists. Who then is moving to the polar extreme and in this deliberate movement is there not the wilful  intent to create disturbance and will this intent not be impervious to resolution as a dispute has been raised for the sake of raising it without there being a reason for the same? Is this, again, not an issue of mischievous use of speech and can a legitimate objection to it be called a sign of polarisation?

Mr Chidambaram said, “University is a place where I have a right to be wrong!” If you claim such a right how do you justify rights or protest wrongs and use the medium of interaction to find common ground necessary for an ordered existence. And with such an attitude you, not those who oppose you, are responsible for the polarisation you claim to be so worried about.

The polarisation arising out of such abuse of free speech is not bad. The discord which follows exposes not what is wrong in the societal apparatus but who the miscreants in society are and the regulatory apparatus is then meant to intervene in such situations to discipline such reprobate behaviour. This is a sign of a functional not dysfunctional system. The disagreement on some issues is imperative for preservation of a polity and where there is justification for disagreement the disagreement cannot be cited as being pathological.

There is a contrary point of view to your world view Mr Chidambaram.That point of view is now equally vocal. Yes there is disagreement. But that is only half-truth. It is the unwillingness to see the reason for the same which is now causing the polarisation. Introspection will be better than playing the blame-game.

 

Sedition explained

There has ben much uninformed comment on the law of sedition, as applied in India, and the judgment of the Supreme Court in Kedarnath v State of Bihar (AIR 1962 SC 955).

It has been alleged by Lawrence Liang in Plan B for Free speech (Indian Express, February 16, 2016) that “mere speech no matter how subversive it is does not amount to sedition” (emphasis mine). Another lawyer Colin Gonsalves said (Tribune, February 12, 2016) that an offence will be sedition “only if something said against the State is coupled with a violent act to overthrow it” (emphasis mine). Yet another lawyer, Prashant Bhushan, said that the offence of sedition could be established “only if there is incitement of violence or public order”. And Kapil Sibal said there should be “intent to overthrow the government.”

The purported exposition of law of each of the aforementioned persons is incorrect.

It would be appropriate to first refer to the facts of Kedarnath. Kedarnath in one of the appeals (Criminal Appeal 169/57) had given a “statement” mentioning “dogs of CID” and “Congress gundas” and talking about their “liquidation” said “we believe in the revolution which will come” and “those who loot the country would be reduced to ashes and on their ashes will be established the government of the poor and the downtrodden people of India.” Kedarnath was charged under Section 124A of the Indian Penal Code which punishes sedition.

If Lawrence Lang was right that “mere speech no matter how subversive is not sedition” Kedarnath should have been acquitted. The Supreme Court, however, upheld his conviction. The Supreme Court said that it was not contended before it on behalf of Kedarnath that the words used by him did not “come within the purview of the definition of sedition” and that no argument was advanced that “even upon the interpretation given by it” his case did not come within the mischief of the said section and hence his “Criminal Appeal 169/57 has to be dismissed”.

Before dealing with the interpretation given by the Supreme Court another equally significant aspect of Kedarnath may be referred to. There were two other appeals before the Supreme Court dealing with “speeches” given that “excited the audience with intent to create feelings of hatred and enmity against the Government. The accused were again charged under Section 124A. The High Court of Judicature at Allahabad had set aside the proceedings holding that Section 124A was ultra-vires Article 19(1)(a). If Lawrence Lang’s understanding of sedition is the law the appeals against the said setting aside should have been dismissed. But the Supreme Court instead of dismissing the said appeals remanded the matter to the High Court for consideration in light of its judgment and hence decide whether the speeches were seditious. The case against them, therefore, could not be rejected at the thresh-hold.

It is now necessary to understand what the Supreme Court held. The Supreme Court had before it conflicting decisions of the Federal Court and Privy Council on the meaning of sedition and accepted the interpretation of the Federal Court as to the gist of criminality in Section 124A. The Federal Court had held that “words, deeds or writings constitute sedition” if they create public disturbance, promote disorder or incite others to do so. And the Supreme Court summed up the law thus: “We have no hesitation in so construing the provisions of the section impugned in these cases to acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence.”

A “subversive” speech is inflammatory, treasonous and incendiary. The words “subversive” means a tendency to “subvert”. And “subvert” is defined in the New Shorter Oxford English Dictionary as “corrupt, pervert, disturb or overthrow a system” and “weakening or destruction of a country, government or a political regime”. A subversive speech is bound to have “the tendency” to create public disturbance and promote public disorder and hence is liable to prosecution for sedition.

The offence of sedition is made one because it is “in the interest of public order” which is one of the limitations on freedom of speech under Article 19(1)(a) of the Constitution of India. And as the Supreme Court itself held, “This Court as the custodian and guarantor of the fundamental rights of the citizens has the duty cast upon it of striking down any law which unduly restricts freedom of speech and expression. But the freedom has to be guarded against becoming a licence for vilification and condemnation of the Government established by law in words which incite violence or have the tendency to create public order.” This is precisely what the Federal Court had also held.

It is thus also wrong to say that sedition can be established “only if there is incitement to violence or public disorder. It is not only causing violence or public disorder which will attract the offence of sedition but independent of the same the tendency to create public disorder which equally attracts liability. Putting it differently it is not an actor’s willful and deliberate stirring of public disorder alone which constitutes sedition but likeliness of disorder because of the quality of inherent in the act which is equally independently seditious. Thus Kapil Sibal is wrong when he says that sedition is justified only when there is “an intent to overthrow the government.”

There is also no requirement as has been suggested by some lawyers that an offence will be sedition “only if it is accompanied with a violent act to overthrow the state.” Stephen’s Commentaries on the Laws of England was cited by the Supreme Court itself and it described sedition thus: “We are now concerned with conduct which on the one hand falls short of treason and on the other does not involve the use of force or violence. The law has to reconcile the right of private criticism with the necessity of securing safety and stability of the State…The seditious conduct can be by words, by deed, or by writing.”

A bad tendency alone is enough to attract the offence of sedition. The charge in Kedarnath’s case itself shows that the test for invocation of the offence of sedition is neither “imminence” of disorder nor “a clear and present danger of it”. Notwithstanding there being no immediate prospect of “revolution” which Kedarnath mentioned nor the immediate possibility of the existing dispensation “being reduced to ashes” as he desired the “bad tendency” of what he spoke was itself sufficient for his prosecution for sedition. The judgment in Shreya Singhal’s case is sometimes referred to for reliance on “clear and present danger” test as the basis of justification on any speech but what is ignored is not merely that the Bench Strength of the said case was two judges only (Kedarnath was five) but also that it specifically mentioned Kedarnath and other cases to affirm that restrictions on freedom of speech can be justified on the ground of their having a “tendency” to cause harm, the test applied in Kedarnath. In any event hatred, contempt or disaffection cannot never get constitutional protection.

Mr Sorabjee added a new twist to the whole issue. In an interview he suggested that Pakistan zindabad is not sedition but Hindustan murdabad might be sedition. This creates a piquant situation. Please consider the consequences. An Indian (according to Mr Sorabjee) is immune against action if he shouts Pakistan Zindabad but if he shouts Hindustan Murdabad its impropriety needs to be debated. And debate is protected! But if debate is protected how can that which is being debated (Hindustan Murdabad) be the cause of arrest? Arrest thus will be unwarranted in both cases whether one shouts Pakistan Zindabad or Hindustan Murdabad! Indians can thus travel the length and breadth of the country either shouting Pakistan Zindabad or Hindustan Murdabad and not be tried for sedition. But if one protests against this he is liable to be arrested for objecting to legitimate political action!

Four other aspects need to be noted here.

It is, firstly, said that Section 124A has been used to imprison Tilak and Mahatma Gandhi and the very use against such outstanding Indians shows abuses inherent in the provision. The criticism however misses the fact that interpretation of the said section as used to prosecute Tilak has been rejected by the Supreme Court which not only followed the Federal Court’s interpretation instead of that of the Privy Council but also rejected challenge to its legality for violating Article 19(1)(a).

The repeal of sedition in the UK is next referred to as necessitating a similar repeal in India. Such comments ignore the fact that the balance between unfettered right to speak and the necessity of national security is clearly affected by historical events and cannot be viewed in vacuum ignoring the effect national and international developments on the political atmosphere in the country. The conditions prevailing in India mandate retention of the offence of sedition notwithstanding the repeal in the UK.

It is next said that “sedition” was not included in Clause (2) of Article 19 – a fact mentioned by Mr Nariman in a recent article. The reason for its exclusion was the expansive interpretation put on the section by the Privy Council which at the time the Constitution was enacted was the law but which is no longer the law now. In any event the Supreme Court itself has held that the prosecution for sedition is “in the interest of public order” and “public order” was added to Clause(2) of Article 19 by the First Amendment.

Finally Balwant Singh’s case is relied upon for suggesting one can raise anti-India slogans and yet not be prosecuted for sedition. In so doing those relying on Balwant Singh confuse the findings peculiar to that case with the law it declared. The approach is flawed because what is binding in a judgment is the law it declares and not the conclusion it reaches. And in declaring the law the Supreme Court in Balwant Singh’s case applied literal interpretation of Section 124A (not limited by purpose or mischief of the provision) to hold that the application of the offence of sedition will be attracted “when the accused brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government established by law in India, by words either written or spoken or visible signs or representations.” The Court therefore expanded the reach of Section 124A. And the only reason it did not hold the accused guilty in that case was because the slogans were raised by a lone individual that too only a couple of times and evoked no response.

Uninformed criticism has little evaluative merit and no social purpose. Public discourse to be meaningful must be educated. It can otherwise lead to complete irrationality and would violate of Laws of Thoughts, the axiomatic rules on which rational discourse is based.

RAHUL GANDHI at JNU -Some questions

“Dont let these bullies push you around. They are terrified of poor, weak Indian people getting a voice. Question them at every single step.” Thus spoke the Original Wise Man (Rahul Gandhi) at JNU.

I took the sage advice given by Rahul Gandhi. I am not “poor” or “weak” but I am an Indian and I feel a right to question is available to all. Rahul Gandhi being an original thinker will surely agree with this proposition.

Rahul Gandhi did not include himself in the category of “bullies” but the exclusion notwithstanding he can yet be questioned. Rahul, being wise, can have no objection.

And as the question can be raised at every single step I am definitely not late in questioning. Rahul Gandhi is surely man enough to accept it.

Using Rahul Gandhi repeatedly can be tedious and Original Wise Man though appropriate is too long so I will substitute both expressions with the pronoun “you” – an expression which will assume significance for different reasons later in this article.

You asked a question about “who anti-national people are” and answered yourself that they are the ones “suppressing the voice of JNU”. What according to you is the “voice of JNU”?  Is it of the students who eulogise Afzal Guru and pray for India’s disintegration or those who oppose this point of view? Why did you not address this question while dealing with a very pertinent issue of defining “anti-national people”?

You talked about the “real Indian people” but chose not to elaborate about who constitutes this class. Why did you fight shy of developing the concept? Were you afraid of un-personing those who do not share your point of view or are only those people “real Indians” whom you approve and certify. I feel Kanhaiya who is accused, among other things, of shouting anti-India slogans can justifiably  be tried for sedition under the Indian Penal Code. Does that take me out of the category of a “real Indian”?

You said that in “crushing you” they will make “you stronger”. Who is the “you” here and who are “they”? “You” is a pronoun and refers to the ones being addressed. Does it follow only those who listen to you and cheer you are the ones who should be empowered and made “stronger”? Was the free and enthusiastic crowd (the “you”) cheering you (without inverted commas) yelling approval to what you (not the other “you”) spoke a “crushed” people?  I will not cheer you for what you did in JNU but will roundly condemn you. I am part of “they”. Are you suggesting I am for that reason any less Indian?

You also said “they feel fear”.  It is obvious in your scheme of things I am “they”. But I feel no fear when you talk the way you do. I feel disgust. And I feel pain. And while I am not “crushed” – not because you have spared any effort but because my spirit is vigorous than your resolve – I will yet be strong to secure my country which for you is merely a slogan.

If anyone is “terrified” its not “they” (I mean me) but you (not the “you”) and the speech appears only an attempt by you to rationalise for yourself your own rejection. You claim to speak for the “real Indian people who have a voice”. It is a false claim. The real Indian people voted your party out of power. Or is it that you feel they are not “people” or are they not “real people” or that they are a people who should be denied a “voice”? 

There is an essay “In Praise of Folly” which was a attack on certain traditions of the European society and Church in which “Folly “praises itself. “Folly” in that essay is nursed by “ignorance” and has “flattery”, “self-love” and “madness” as companions with “intemperance” as God. I feel you read it for the literal meaning. The essay was meant to be a satire. And being a satire the expression was meant to be different from if not opposite to what was suggested.

Which brings me to the final question. Will we now have an encore? Or do you feel you are not to be questioned!

 

MOVING NOT SHOVED : KIRAN’S QUESTIONABLE QUESTION

“KIRAN asked me if we should move out of India.” The question did NOT strike AAMIR! HE was obviously NOT hit by that sense of “insecurity” and “fear” to ask KIRAN that question.
And what was Aamir’s answer? Should he NOT have wondered if that question did not strike HIM – a seemingly reasonable, sensitive, intelligent and articulate INDIAN – was KIRAN justified in asking it? But he did not wonder and instead ran to the press.
KIRAN not AAMIR “fears” about the atmosphere around them and feels “scared” to open newspapers. An intelligent person feeling differently from his companion despite both being in an identical situation should have felt either he or his companion are suffering from some disorder – one for feeling uncontrollable anxiety and the other not feeling it at all- and should have gone to a psychiatrist for medication and therapy not the Press for making a statement.
And if leaving the country is an option please leave.
Go to the UK where Barclay Primary School in East London which sent a letter to its students banning fasts in Ramazan.
Or go to the U.S. where FBI has authority to map and investigate communities based on ethnic behaviour and cultural traditions.
France is also a good option where if you say “I am not Charlie” (Charlie Hebdo had racist cartoons) you are looked upon as a terrorist. Denmark where the Prophet was depicted as a terrorist with a bomb may be considered too.
Australia will be welcoming too. The Islamic cleric talking of racial profiling said it was causing “severe stress and unwanted inconvenience.”
There are several oceans available for a plunge too. Or you can join the Eskimos in Arctic or add to the settlements in the Antarctica.
If you do not love a country enough to live in it please leave. India will NOT be in any manner worse off!