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NOTE: THIS IS A B I G PAGE. IT IS SUGGESTED YOU SAVE IT TO HDD AND READ AT LEISURE

 

 "PAT'S PAGE"

Meet Patricia Venner from Mexico. Patricia is in AI activist in every way. Give her your views and watch her follow them up. Posting of your letters/articles to her will be posted on this page along with her responses and those of her other friends across the globe.

Meet Margaret Deefholts

A wonderful insight into AI ways

NEW!

SUIT SLAPPED ON BISHOP WRIT

 an article published in "The Telegraph",

Kolkata, March 04 - 2002

BY MADHUSHREE C. BHOWMIK

Special Reporter for the Telegraph

Typescript of the Writs in Detail

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

(Sorry for ANY delay in posting, this is a part-time job for the webmaster)

Any further letters must be addressed to Max Galstaun

 

ANGLOSINJHARKHAND REGISTERS THANKS TO MR LARRY GRANT OF MUMBAI FOR ARRANGING A UNIQUE DOMAIN FOR THIS WEBSITE & COMPLETELY FREE AS A SPECIAL CONSIDERATION. THE NEW ADDRESS (URL) WILL BE www.anglosinjharkhand.com

THE PROCESS OF TRANSFER OF MATERIAL FROM THE CURRENT LOCATION  TO THE NEW ONE IS EXPECTED TO TAKE A WHILE BUT IT WILL HAVE A BRAND NEW LOOK AND MANY FACILITIES WHEN IT DOES COME ONLINE

THANK YOU ONCE AGAIN LARRY ON BEHALF OF "ANGLOSINJHARKHAND"

Please visit: www.zoroastrian.net and  www.the-happy-hours.com.

Letters to Max

>From: "Errol D'Rozario" <errol_drozario@homail.com>

>Reply-To: errol_drozario@homail.com

>To: maxforu@hotmail.com

>Subject: BoardRoom: Congratulations

>Date: Fri, 17 May 2002 08:20:07 -0700 (PDT)

>

>Time: Fri, 17-May-2002 15:20:07 GMT IP: 203.166.44.253

>

>Dear Max

>My name is Errol D'Rozario and I am Secretary of the Australian Anglo Indian Association in Perth, Western Australia. I am writing on two counts. Firstly to congratulate you on the quality of your website and more importantly to express my support for your campaign to ensure a fair deal for Anglo Indians to ensure that they are not deprived of their rights and entitlements. Reading your column made me understand the insidious way in which organisations which profess piety and justice in God's name are cynically engaging in culpable thuggery to cheat the Anglo Indian community in India of its just inheritance. The information you provide of the Court cases and legal challenges provide evidence of what is happening and how the Anglo Indian people in India are being duped.

I plan to download extracts from your website and raise it for purposes of information among our members. Thank you for providing the AI community overseas with news of the reality of some issues. Keep up the great work and God Bless.

Errol D'Rozario

 

Dear errol,

thank you for your support. i have also put it up on our website WWW.anglosinjharkhand.com  , maybe you will ckeck it up.

i was really interested in a reply from australia amongst the others we got from all over the world. thnak you for the letter. its great to be noticed.we have a very different agenda from what has been hapeening say over the last ten years. i think the last ten years have been watsed with all the reunions etc. taking up our time and nothing really useful coming out of it. yes blankets and toothbrushes and old clothes keeps arriving in calcutta, madras and other towns while our heritage is being snatched right from under our noses.

i say, the anglos in india have enough assets : schools, homes, trusts all of which have been squandered away, are being squandered away. those of us from abroad (i live in the uk, from where im writing to you) have got the money ( a little from me!) and better life so we can and should invest to better the lives of those left behind. help them to stand on their own two feet. the chinese proverb : teach a man to fish and he wont starve.i took up the task of representing the anglo-indian member of parliament, dr. beatrix d'souza, and with her help and total support we have been going places. she is totally committed and supports a trouble maker like me as she says :we have had enough nice people, they did nothing, now we need to give

the troublemakers a chance !im interested in the retirement homes built by the association in australia. we have a building program to build a retirement village in McCluskiegunj. we have got the land and all the money for the infrastrucure : street

lights, lake, dam, swereage, pump house, tourist bungalow the works for Rs 5 million. we are looking for drawings and designs. if we have them we will be saving money on that.im sorry if i have been remiss in not replying. things are reall hottting

up. i sued 71 schools in one case. the rules of the high court state that all the 71 reply by affidavits and these have started coming in 50 pages each on the average. multiplied by 70 and yu see that i have to read thousands of pages, not miss a line or they will take that to win their casde ! how we need help down in calcutta. an office, some workers, telephones, fax. please ask everybody to stop sending the dam blankets and old clothes, we need to create the infrastructure there to tap the funds in

india, which i can assure you is enough. if its anough for other communities it is enough for ther anglos. they do not know how to get it.this is all for now. enough of stirring !

 

do keep in touch, we need all hands on the decks of the sinking ship, we have plugged the hole, we need to raise the sails and take the ship to a safer port !

sincerely,

max galstaun

Max Galstaun

Dear Mr. Galstaun

>

>What a terrific article you wrote on the status of different AI trusts. I wonder if you might send it to Adrian Gilbert's The Anglo-Indian Home Page, as he is forever on the lookout for articles to include in his Journal of AI Studies which is attached to his other Internet pages. The journal extends to precisely the kind of article that you've written.

>I'm not an Anglo-Indian, but a researcher who continues to wish the community well in India. I'll be sure to send on your article to AIs known, here in Canada.

>I don't think anyone in recent years has made such a detailed and readable review, replete with the trusts' assorted troubles explained plainly. Here's to you!

>

>Best Wishes to you and yours,

>

>Megan S. Mills

>Toronto

M.S. Mills PhD

>Research & Media Services

>Toronto, CDA M6J 3C3

>

>416.532.7370

 

From: "jwoods" watqual@bigpond.com

To: maxforu@hotmail.com

Subject: Forum for advancing the public image

Date: Wed, 17 Apr 2002 21:41:21 +1000

I agree that for more than 150 years Ai's have seen precious resources been taken away from them right under their very nose.So, I think we have now come a full circle, and it is time that we seek to restore and regain that lost heritage.I propose that a forum of academics, professionals and passionate personna be set up to investigate issues across a wide spectrum of interests.I will put my hand up to be involved in such action and if there are any suggestions please email me.Look forward to any replies.

Regards,

Jeffrey Woods

Melbourne

watqual@bigpond.com.au

 

From: dale clayton dnoelc@yahoo.ca

To: kharagpur@hotmail.com , maxforu@hotmail.com

CC: firm.cheeks8@sympatico.ca

Subject: Response

Date: Thu, 14 Mar 2002 20:55:55 -0500 (EST)

 

 

I am responding to the article Re: AIs with Labels.

 

We Anglos Mrs. Gordon do treat everyone as a "human person", if some of us don't, than we are no different than any other Community. We have our share of the good and the bad just like you. In this particular instance, however, these Trusts were set up solely for members of a minority who happened to be Anglo-Indian.  Since we are not a large Community to begin with,these Trusts are God's blessings upon us to assist our less fortunate AIs left in India today, and it is our God given right to fight for them. All we can hope for is that the Indian legal system will act in a fair and just manner. To not make an attempt on behalf of our less fortunate in the Community, would be most unforgiving. If we  AIs do not try to do something to help our own, how can we expect anyone else to put their hand in the mix. Charity begins with ones own. Had this Trust been set up for someone other than the AI Community, we would not have heard a peep out of you.

 

What is your background? What 'Roots' are you talking about?

 

Why is it whenever we AI(s) stand up for ourselves and say we are proud to be AI, people like you come out of the woodwork only to tell us to "knock that chip off our shoulder". Would you dare say this to someone belonging to the Parsee, Sikh, Hindu, Italian, Muslim, English or any other Community? No you wouldn't, that thought would never even enter your mind.

 

Anglo-Indians don't cease to be Anglo-Indian irrespective of how long they live in a country or what passport they hold, unless they so choose. AIs are proud to be Indian Nationals, but they like all other Communities in India have every right to be

proud of being Anglo-Indian, which is what they are by descent, language, religion and tradition. No different than the Brits/Europeans who were born and bred (many who intermarried, but go to great lengths to deny) in India for generations and still considered themselves to be 'British'. Why were they allowed to think this way Mrs. Gordon and did you correct them?

 

Take Canada for example, (I live here but was born in India) this is a country that thrives on multiculturalism where every Community is praised and encouraged to maintain their unique heritage. What do you think is the reasoning behind this madness?

 

Perhaps you should write to each of these Communities and tell them to "knock the chip off their shoulder".Let me know how you fare. In the meantime, your prejudice is blatantly evident but also predictable when speaking of AIs. It's time people like you, knocked off your arrogance Mrs. Gordon. Some of us are no longer willing to accept this double standard.

 

 

Ms. L. Clayton

From: "Mrs. Isabel Gordon" kharagpur@hotmail.com

To: maxforu@hotmail.com

Subject: Anglor Indians with Labels.

Date: Fri, 31 Aug 2001 21:13:12 -0700

My husband and I left India in 1950 a year after we were married. Since then I have returned to India three times. The first visit was with my husband and this was a three week vacation. The second visit was the Reunion in Bangalore at which time I was a widow. My third visit was this January 2001 and this time it was for the inauguration of the Orphanage built in Jolhi outskirts of Kharagpur through donations I collected and funded for this cause. I am not an Anglo Indian, but was born, educated and married in Kharagpur, and Indian will always be my country, I have-not forgotten my Roots. I would love to see you Anglo Indians remove these labels and treat everyone as a human person. Why not just help any and everyone in need. We are all God's children. DV, I hope to return to Kharagpur for the inauguration of a Social Center this coming November, both organizations run by the Sacred Heart Parish in Kharagpur, and started because one cared enough to reach out to these children. Share your God given blessings with those poor people in India, whether they are Anglo Indian or Indians. Remove that chip off your shoulders, and just help with no attachment to this giving.

Try and see Christ in those poor children and not spend your energy trying to find an Anglo Indian. Come to think of it there is truly no more true Anglo Indian left. I see more East Indians with English surnames four to five generation back an Anglo Indian.

Life is short, so trying helping anyone there in India.

Clare Gordon

 

 

Dear all : heres some food for thought :

Max Galstaun

ST.MARY’S HOMES FOR AGED ANGLO-INDIAN LADIES :

This Home stood on Marquis Street, Calcutta. The entire site was sold/leased out in 1996 by the East India Charitable Trust (chairman : Bob Wright –Ex.pat Britisher). The aged ladies were sent away to Tollygunge Homes, and the beautiful British built buildings were pulled down. An apartment block including one “St. Mary’s Hostel” stand on the old site. The 18 (approx) ladies were taken to Tollygunge Homes, which once itself was home to over 200 aged Anglo-Indians. Today, (May 1 2002) there are just 25 inmates at the Tollygunge Homes.

While all this was going on, everybody MPs and MLAs, Anglo-Indian Associations (All India, CAISS etc) EVERYBODY maintained a studied silence. My friends in Calcutta would like to think that everybody was paid off ! Last year, I met Mr. Cedric Spanos, Secretary to the East India Charitable  Trust, Bishop’s House, 51 Chowringhee Road, Calcutta 700016. Cedric flatly

denied that the EICT had anything to do with the Anglo-Indians or that St. Mary’s was AI. In fact, any Trusts managed by these Brits were not AI at all. He was passing on the message that these Trusts were created by the British Citizens overseas association etc. I must say, in pure Anglo terms, that this was a lot of BULL !

Here is the story of the inauguration of St. Mary’s Homes, may it (the Homes) rest in peace in the pockets of all those who made a lot of money selling or leasing out of the property !  THE STATESMAN : FEBRUARY 18 1888 : The condition of the Christian poor of Calcutta has ever wakened public sympathy, and no well-considered effort to ameliorate it has ever failed to meet with warm support. If any evidence were necessary, we think it would be found in the multiplication, especially in late years, of the various charitable institutions. But the number of these institutions is still insufficient for the purpose, and we are therefore, glad to learn that a new “Home” to be called the |St. Mary’s House of Charity, will soon be opened at No. 5, Sooterkin’s lane, where spacious premises have been obtained, capable of accommodating a large number of persons. LADY DUFFERIN has kindly consented to become its patroness, and a strong provisional Committee has been got together, comprising the officiating Archdeacon and the chaplains of the numerous Anglican Churches in Calcutta. The services of |Dr. Comley have been secured as Honorary Treasurer, and Mrs. Comley, who is ever ready to take the initiative in works of public usefulness of this order, has

undertaken the duties of Secretary and lady Manager. Although the new home will necessarily be under Church of England management, the admissions for relief will not be restricted to members of any sect whatever. The institution aims at being catholic in its scope, and its doors will be open to Europeans of all denominations who will be allowed to attend their own

places of worship and receive visits from their own ministers, privileges, which we believe, are not extended to the inmates of any similar local institutions.

The Lord Bishop of Calcutta has promised to open the Home on 1st of March, and meanwhile the provisional Committee appeal to the public for such help as they may be able to afford, in the way of subscriptions, donations, furniture etc.

(The above article was submitted by Max Galstaun) posted 19th may 2002

 

 

hi all,

this is truly illuminating taken from rootsweb site 1 god i didnt know they sent scottish rebels out to india instead of executing

them. thats why we r so rebellious !please circulate.

------------------------------------------------------------------------

 

INDIA-L Archives

From: "Gordon Barlow" <barlow@candw.ky>

Subject: [India-L] Female Asylums

Date: Thu, 28 Dec 2000 13:12:42 -0500

The problem with this List is that it throws up all sorts of red herrings and tangents that are just plain irresistible. At least, I am too weak to resist them! I have gone out of my way to look into the topic of Female Asylums, since they were first mentioned here, and I have come by some fascinating opinions. Here below is a summary received from one researcher. There must be other Listers besides me, amateur historians, who would love to know if this researcher is correct in his opinions. I look forward to a broad and vigorous discussion, because this issue is surely crucial to our understanding of our ancestors' lives in the British India of the 18th and 19th Centuries. It is not just a matter for the acknowledged Anglo-Indians.Gordon Barlow

FEMALE ASYLUMS

The original Female Asylums first saw light in the Carnatic in the early part of the 18th century, and were the result of missionaries taking in female babies to save them from infanticide. These female babies were brought up in the Christian faith, and some of them found husbands among British soldiers, who, at one time were actively encouraged to seek brides from among these girls. The brides were known as "pagoda wives" because one pagoda was the bride-price asked of the soldiers. They were wives only as long as the soldiers stayed in the region, though many soldiers did not go away, or want to go away.

Later on, the illegitimate children of British soldiers were also taken into these asylums to be educated. One has only to read that two battalions of Independents were landed in the Carnatic in 1747. They were all ex Scottish prisoners taken in the 1845 Jacobite rebellion. They were mainly Highlanders, and those that had not been put to death in Britain, were given the option of permanent service in the east. Very few of them had any desire to return to Scotland, even if they had been allowed to do so, and one can only guess at the number of Indo-Scottish children who were born in and out wedlock to them, and who also would need the protection of the missionaries. By 1755 the Indo-Briton population had got a firm foothold in the Madras

Presidency.There had always been a desire among Britons in the East India Company to maintain a "zenana", if they could afford it. This was a type of harem, but not modelled on the strict rules of a Muslim harem. Nearly all the East India Council members of the Bengal Council in the 1750's had zenanas of three to six concubines. Robert Clive was not known to have had one, as he had only recently married, but John Johnstone, Henry Vansittart, and William Ellis, the factor at Patna, certainly had zenanas, and they certainly had many children born to them too. There were four Johnstone brothers, and each bore many children out of wedlock. Whether these children, the descendants of zenanas, ever came into contact with female asylums is not known, but certainly the keeping of a zenana soon became a lifestyle of British army officers too. In their case, however, they could not keep their concubines in their military quarters, so one conveniently finds flourishing Female Asylums in the stations where the regiments were posted.>From this there developed the use of Female Asylums as a place of >refuge,not for the young female children, but for the concubines, whether active or abandoned, and the children that came along with them. One has only to >read the B.M.D.'s of Madras around 1810 -1825 to realize the true purpose of a Female Asylum for that period. They were nothing but a Japanese style comfort station for British officers, to be used or abandoned as the whim took them. And all this while the Madras Archdeaconry were sending their ministers on regular tours to the asylums to baptise and bury their children. But not the women though. They were not Christians.

In time the conscience of the East India Company, and the Army in particular, began to take effect. From these Asylums there developed the first Christian schools. They were so underfunded that the elder children often had to teach the younger ones, but from these schools there sprung a reasonably educated ethnic group which developed into an Anglo-Indian/British domiciled population of about 400,000 by the time that India gained her independence. Their schools became the best in the sub

continent and their menfolk eventually almost ran the railways and the post and telegraphs. They also inherited a musical talent from the days when the only living open to them were as bandsmen in the Native armies.I was much taken by the email of the 21 Dec which starts, "Try The Anglo-Indian Home Page where a number of us post our ditties", and I would not argue with anything that was said in it. But we are writing about different decades, I suppose. I wonder if I am the only person who thinks

that the Female asylums at one time went seriously astray as Officers' comfort zones. No other researchers seem to touch on this. Perhaps they have  not come across the same the B.M.D.'s that I saw. Another email begins, " The Asylums once dotted British India. In the beginning their wards were often the children.." There seems to be an emphasis in this email on the non-acceptance of Eurasians by Hindus which really was hardly noticeable in the country. The Eurasians were also the front line of the police in the big cities, and little if any affronts were ever given them by Indians.(shades of South Africa). He makes some very good points especially when he says that a great many Britons in India had their Anglo-Indian ancestors somewhere along the line, traceable to orphanages...

Not many people know that Lord Liverpool, a Prime Minister of England, would fall into this category, so would Boris Karloff the actor of the 30's, and Lord Roberts of Kandahar who eventually became the C in C of the British Army.. Many of these people hid the fact that they had Anglo-Indian ancestry.

 

 

MLA QUITS ‘UNILATERAL’ SCHOOL BOARD

BY A STAFF REPORTER

Calcutta, May 17:

The chairperson of the board of acting governors of La Martiniere Schools and nominated member of the West Bengal Legislative Assembly, Gillian Rosemary D’Costa Hart, has resigned from the board in protest against the manner of its functioning and the way in which the schools were being run. In a letter to Bishop P.S.P. Raju, ex-officio president of the board, on Monday, Hart has pointed out that the “unilateral manner” and the “decisions that are being taken are such that I cannot and will not be a part thereto nor ascribe to them.” It contains at least 10 reasons that compelled her to make this move.

Bishop Raju said her resignation was being accepted. “But a detailed reply and clarifications in writing will be given after June 10, on my return from the UK.” He left Calcutta on Friday on an invitation from the Bishop of  London.

The letter, a copy of which is with Metro, says “some important matters are being decided by one or two board members without a prior meeting of the  board.” It adds: “The situation has reached such a state that one of the board  members, who is also doubling as honorary secretary, though not permitted under the (schools’) constitution, has started presuming that whatever he writes, directs or decides … tantamounts to the board’s communications and directions. This is wholly unacceptable.”

Two recent decisions and developments involving the schools also find mention in the letter. “The new admission policy, which cost the schools over almost half a lakh of rupees, was a total waste because, ultimately, the old policy was resorted to.”

Metro had reported on the new system being introduced in schools “overseen” by the Church of North India (CNI), in which admissions would be processed by computers and finalised by a five-member panel, three of whom would be nominated by the Bishop. Resentment had been voiced by several quarters over this. The second decision was “the hurried hike in school fees which, according to me, was totally unjustified at this stage,” writes Hart, the first woman to become governor and chairperson of the La Martiniere schools. “Since my  conscience will not allow me to serve as chairperson or acting governor on the board where normal protocol is not always maintained, I tender my resignation,” she concludes.

“I don’t understand why she wants to step down all of a sudden. The developments that she mentions have been taking place since November. Nothing was done without her consent,” Bishop Raju said. “She is either mistaken or cannot remember. And several points she has raised are her own opinions.”

All members of the board of acting governors have been sent a copy of the letter. They include Percy Jones, who is also the honorary secretary, Neil O’Brien, Rev. Andrew Simmick and J.R.V. Alfred, who joined the board as its sixth member last year.

“I cannot comment on this until after the issue is tabled at the next board of acting governors’ meeting,” said O’Brien. The board meets once a month, and the last meeting was on May 14, a day after the resignation letter was written. But neither Raju nor Hart attended that meeting and the issue was not raised. “The fact that the Bishop has decided to accept her resignation without raising it and discussing it at a board meeting reflects the unilateral manner of functioning, as she has alleged,” said an official of the school, not wanting to be named. “It is a pointer to the shape of things to come in CNI schools,” he said.

(The above article was submitted by Max Galstaun) posted 19th may 2002

more pages for yu. : max

While the Marshmans gave their time from seven in the morning till three in the afternoon to these boarding-schools started by Carey in 1800 for the higher education of the Eurasians, Carey himself, in Calcutta, early began to care for the destitute. His efforts resulted in the establishment of the "Benevolent Institution for the Instruction of Indigent Children," which the contemporary Bengal civilian, Charles Lushington, in his History extols as one of the monuments of active and indefatigable benevolence due to Serampore. Here, on the Lancaster system, and superintended by Carey, Mr. and Mrs. Penney had as many as 300 boys and 100 girls under Christian instruction of all ages up to twenty-four, and of every race:--"Europeans, native Portuguese, Armenians, Mugs, Chinese, Hindoos, Mussulmans, natives of Sumatra, Mozambik, and Abyssinia." This official reporter states that thus more than a thousand youths had been rescued from vice and ignorance and advanced in usefulness to society, in a degree of opulence and respectability.

The origin of this noble charity is thus told to Dr. Ryland by Carey himself in a letter which unconsciously reveals his own busy life, records the missionary influence of the higher schools, and reports the existence of the mission over a wide area. He writes from Calcutta on 24th May 1811:--

"A year ago we opened a free school in Calcutta. This year we added to it a school for girls. There are now in it about 140 boys and near 40 girls. One of our deacons, Mr. Leonard, a most valuable and active man, superintends the boys, and a very pious woman, a member of the church, is over the girls. The Institution meets with considerable encouragement, and is conducted upon Lancaster's plan. We meditate another for instruction of Hindoo youths in the Sanskrit language, designing, however, to introduce the study of the Sanskrit Bible into it; indeed it is as good as begun; it will be in Calcutta. By brother and sister Marshman's encouragement there are two schools in our own premises at Serampore for the gratuitous instruction of youth of both sexes, supported and managed wholly by the male and female scholars in our own school. These young persons appear to enter with pleasure into the plan, contribute their money to its support, and give instruction in turns to the children of these free schools. I trust we shall be able to enlarge this plan, and to spread its influence far about the country. Our brethren in the Isles of France and Bourbon seem to be doing good; some of them are gone to Madagascar, and, as if to show that Divine Providence watches over them, the ship on which they went was wrecked soon after they had landed from it. A number of our members are now gone to Java; I trust their going thither will not be in vain. Brother Chamberlain is, ere this, arrived at Agra...We preach every week in the Fort and in the public prison, both in English and Bengali."

from the life of william carey.

(The above article was submitted by Max Galstaun) posted 19th may 2002

From: "Michael Smith" OnePeak@bigpond.com

>To: maxforu@hotmail.com

>Subject: your website

>Date: Sat, 23 Mar 2002 09:26:05 +1000

 

From: "Bradford Newbond" bradford@melb.globaldial.com

>To: maxforu@hotmail.com

>Subject: Hi Max

>Date: Thu, 11 Apr 2002 13:25:36 +1000

 

Dear Max, I was born in Cal. Went to St. Thomas's finished at La Martiniere. Lived on the corner of Lindsay and Chowringhee, Australia House as it was called funnily enough. Did a marine engineering apprentiship at Shalimar, went to sea with Bank Line for 3 years. Back to India, then immergrated to Aust in 68. Now live in Brisbane. I have long wanted to be imvolved in helping those "left behind" in India. Have recently spoken to Blair amd Margaret Deefholts re this. Blair is coming out here shortly.

hope to meet him and organise something. Have offered my services as a rep for CTR here in Brisbane. Margaret has been ever so kind to put some of my "writings" on her web site. I am looking to find a publisher so part of the proceeds can be allotted to CTR. Dad was the president of Rangers for 3 years by the way. You can check the poems out on www.margaretdeefholts.com

if u wish. I run my own business in the health care industry.

I would dearly like to help but what is it u want me or like me to do to assist ? Please come back to me and we can start to do something. Do u live in Australia ? Take care stay well. Michael

Hi Max

Wow! You have done a fab job, with all this information that you have got on your site. Cheers! and good luck on your mission.

Will try and keep in touch, will speak to u soon.

Take Care

Rgds

Bradford Newbond

Bradford Newbond Productions.

 

From: amit jha  jhaamit1@yahoo.com

To: maxforu@hotmail.com

Date: Tue, 19 Mar 2002 23:04:22 -0800 (PST)

Respected Sir,

There was a caption "Coming soon Churches, Cemetries Projects in Jharkhand." But till date I have no information in that regard.

 

Amit Jha

From: "Bachman, Paul" <Paul.Bachman@health.wa.gov.au>

 

To: "'maxforu@hotmail.com'" maxforu@hotmail.com

Subject: Trusts

Date: Wed, 5 Sep 2001 14:48:19 +0800

Dear Max

Hi, I'm an A I living in Perth West Australia. I migrated to Oz in 1970.Now 44, I'm from Delhi later moved to Ghatsila (Bihar) but also lived in Calcutta (school:La Martiniere). Came across your very interesting info on A I Trusts and of course it astounds me that so many Trusts was/is available to AI's still in India. From the thrust of what you say though, its all going to rack and ruin..as no one seems interested in chasing up these rights to administer the Trusts as they were originally meant to be. There is clearly a significant amount of monies and property involved based on your list, so it would need to be a fairly coordinated effort to get any worthwhile legal action initiated. I'm not a lawyer, but have spent 13 years working in Corporate Law in Australia so I know a bit about how the system works here. Unfortunately, if the Indian system is anything similar, its very difficult to establish a case against the Indian Govt or other agencies who administer the funds..! not trying to be obtuse but actual possession of the Trust Deeds play a large part in determining who administers them in the long term. It is a huge bone of contention for sure..I certainly hope, for one, some determined souls will take up the challenge for this very worthwhile cause and see at least some benefit for AI's in India in the future. Keep up the good work friend.

Paul Bachman

From: Foxgjohnson@aol.com

To: maxforu@hotmail.com

Subject: Tiretta

Date: Mon, 3 Sep 2001 17:02:34 EDT

Dear Sir,

Your story about Count Tiretta marrying a 'native' woman on your 'anglo indian' web page is totally incorrect. Count Tiretta married Angelique de Carrion the daughter of a French army officer the Count de Carrion. The latter, his wife and two daughters left Venetia, now Northern Italy, and settled in Calcutta. The cemetery you refer to had nothing directly to do with anglo-indians, it was for catholics and was also called the "French Cemetery". Also it was not a burial stone, it was a very large tomb with the inscription:'Hic Jacet Angelica de Carrion Edwardi Tiretta, Tarvisini Uxor Dilectissima,quam tertio die postpignus amoris datum , mors eripuit XV Junii A.D. MDCCXCVI et aetatis suae XVIII. Hoc marmor memoria sacrum posuit conjunx moereus.

[Here lies Angelica de Carrion Tiretta beloved wife ofEdward of Tarvisio whom death overtook on June 15th 1796 in her 18th year and on the third day after her wedding anniversary. Her sorrowing husband has erected this stone in sacred memory] Where on earth did you get the idea that she was a native woman? Sincerely G J Fox

You write on your web page:

Count Tiretta had married a "native woman" and on her death the British refused to allow her to be buried among them as she was "half caste" and not "English". The Honourable Count Tiretta then purchased this plot of land situated on Park Street, Calcutta and buried his wife there. He desired that the East Indians (Anglo Indians) should be henceforward be buried there. Afew years ago, the cemetery was leased to a Punjabi businessman by the "Calcutta Burial Board". Poor Mrs. Tiretta's burial stone lies broken and thrown in a rubbish heap in the South Park Street Cemetery, Calcutta far away from her place of burial.

 

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TIME Logo
AUGUST 11, 1997 VOL. 150 NO. 6

Essay
SOME KIND OF MIXUP

Those Anglo-Indians who fled India after independence misunderstood how Indian an English education had become

BY SUNANDA K. DATTA-RAY


"India's going to be independent!" James Gilbey squeaked one June morning in 1947 as we waited for school assembly. "It'll be Hindi and dhotis, carrying our books on our head in the rain!" added Reginald Turner.

Gilbey--first names were taboo at Calcutta's La Martiniere school--swaggered around, balancing his schoolbag on his head like a villager's water pitcher. He was ten, freckled and ginger-haired. Like the darker Turner, he was a child of India's Anglo-Indian and Domiciled European community, for whom an 18th-century French soldier of fortune serving the British East India Company had founded the school. Martinians had fought for the British in the 1857 rising. In 1947, La Martiniere was in India, but not of India. The handful of us full-blooded non-Christian Indians ran with the pack as we studied the Crusades and mouthed Latin slang. Didn't someone once say that the real Eurasian is not of mixed blood but mixed culture?

Hindi, dhotis and tottering piles of books in the rain, our ludicrous fantasy concealed gnawing anxiety. School was sanctuary and security, its worn flagstones chiseled with the signatures of a century of boys, a few Armenian names among the European. An Armenian dropout had made good in Hong Kong and left the school a fortune. He loomed large in Martinian lore. "We thank thee for Claude Martin our founder and Paul Chater our benefactor," we intoned dutifully every Founder's Day, before bursting into the lusty resonance of the school song, "Hail, hail, the name we own, Hail to the giver!"

I missed Independence Day. My father took us instead to the French enclave of Pondicherry in the south. There a community had grown up around a Cambridge-educated Bengali revolutionary, Sri Aurobindo, who had fled the British police, eventually exchanging politics for philosophy. Ruled by a Frenchwoman we called Mother, his ashram, too, was remote from Indian reality. Sri Aurobindo refused to celebrate. Bengal had been amputated, Calcutta drenched in blood. Refugees packed parks and pavements. We meditated while Jawaharlal Nehru kept his tryst with destiny, and Mother hoisted the ashram standard--the karma chakra (wheel of action) that Sri Aurobindo thought more appropriate than the dharma chakra (wheel of religion) in India's flag.

School was in turmoil when I returned. Teachers and students were packing their bags. "You know why they call Perth the Black Hole of Calcutta!" sniggered Gilbey, more Domiciled European than Anglo-Indian, when the Turners, more Anglo-Indian than Domiciled European, left for Australia. Founder's Day was defiant with despair. But India was still a British dominion, and the Union Jack draped the stage as we raised exultant voices to "Send him victorious, Happy and glorious, Long to reign over us, God save the King," the dirge of the dying empire. On the walls, signed photographs of George VI and his queen had appeared; from where they came I never discovered.

When the servants went on strike for higher wages, we moved assembly to the chapel across the drive so that, led by the principal--British naturally, in flowing black gown--we ran the gauntlet of a solid mass of slogan-shouting gatemen and gardeners. Thus must Louis XVI and his family have breakfasted in public, ignoring the revolting mob. But our insouciance soon evaporated. Holidays were announced abruptly; when school reopened, the principal had disappeared, smuggled to the airport, it was whispered, crouching on the floor of his car.

The vice-principal who took over was also British, but not quite pukka. A master arrived to teach Bengali, and when the first anniversary of independence came round, we produced a tremulous "Jana Gana Mana," India's national anthem, at an embarrassed little ceremony in a corner of the grounds instead of the assembly hall. Half the school had gone before Republic Day in 1950. It seemed like the end of the world. English would surely die out, and La Martiniere close down. I could hear Turner and Gilbey mocking the future.

The enormity of their mistake struck me only many years later when it was my son's turn to go to school. La Martiniere was bustling. I learned that parents have to register their sons at birth for admission. New buildings had gone up to house the explosion of numbers. New masters taught Bengali, Hindi and India's history and geography. New Indian names crowded the flagstones. The royal portraits had gone, but the school coat of arms and Latin motto gleamed high on the walls. Many more Indians speak English nowadays. Jeans are replacing dhotis. It still rains, but designer schoolbags are not uncommon.

A Bengali Marxist friend says that if ever there is a world government, education should be entrusted to the British, whose education policy had set out to create, in the words of Lord Macaulay, "a class of persons Indian in blood and color, but English in taste, in opinion, in morals, and in intellect." No one can condition young minds as they can. He should know. He sent his own son to La Martiniere. Genetic Eurasians like Gilbey and Turner are an endangered species, but Martin and Chater are still eulogized, and the swelling volume of "Hail, hail, the name we own" each Founder's Day proclaims that the cultural Eurasian has inherited the Indian earth.

Sunanda K. Datta-Ray is a regular contributor to Time. Russel Wong for TIME

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time-webmaster@pathfinder.com

SUIT SLAPPED ON BISHOP WRIT

BY MADHUSHREE C. BHOWMIK

Calcutta, March. 3:

The Church of North India’s (CNI) move to impose its writ on the admission process in Anglo-Indian schools has hit a legal hurdle.

A public interest litigation has been filed in Calcutta High Court by the Association of Anglo-Indians in Eastern India and a Kalyani-based social worker, seeking “protection of the rights of Anglo-Indian students” in 36 city schools and 33 elsewhere in Bengal. The petition, filed against the Bishop of Calcutta, the state education department and St Thomas’ Boys School, Kidderpore, alleged violation of the code of regulations for Anglo-Indian schools and safeguards of minority rights under Articles 14 and 30 (Clause 1) of the Constitution. The case has been listed for hearing on Tuesday.

On December 12, 2001, the Diocese of Calcutta, controlled by the CNI, issued a circular to the heads of all Anglo-Indian schools, specifying a uniform admission policy. The circular, signed by Bishop P.S.P. Raju, directed the “chairman of the board of governors of the schools” to nominate three members to serve on the interview panel. As head of the Diocese, the Bishop is chairman of the governing bodies of all Anglo-Indian schools.

The petitioners alleged that his fiat to have “three of his own men” on the schools’ interview panels was an unfair “attempt to control the admission process”. According to them, the Bishop’s “uniform admission code” had given a complete “go-by to the issue of reservation for Anglo-Indian students”. They alleged that the Bishop had ignored the statutory five per cent reservation for Anglo Indian students, as guaranteed under the Code of Regulations for Anglo-Indian and Listed Schools, 1993.

“This is a serious allegation. Anglo-Indian students must get top priority in Anglo-Indian schools,” said MP Beatrix D’ Souza. “Anglo-Indian students must be given priority in Anglo-Indian schools. If  the applicants fulfil all the criteria, especially at the nursery and the lower nursery levels, the school has to take them in. It is a statutory right,’’ elaborated Anglo-Indian MLA Gillian D’Costa Hart.

Marc Antony of Destiny, the Kolkata Association of Anglo-Indians, said: “St Thomas Kidderpore refused admission to a six-year-old upper nursery applicant, Joshua Hayes from Kidderpore, on the grounds that his parents could not afford the fees, though everything else was in order.” The Hayes petitioned D’Costa Hart seeking redress. Max Gaulstaun, one of the petitioners, is upset that the Bishop’s writ gives “more weightage” to Bengali-speaking students under the general category and those from the family income brackets of Rs 2-Rs 3 lakh. “The Supreme Court verdict of 1832 decreed that the Bishop was an ex-officio governor. But in his individual capacity, he is not empowered to take any decision on the management of the schools,’’ says Anthony Seyers, president of the Association for Anglo-Indians in eastern India.

BY MADHUSHREE C. BHOWMIK  

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SEARCH OUT JHARKHAND TELEPHONE NOS & DIRECTORIES

(A search by name/place option! Very Helpful)

THE TWO WRITS IN DETAIL

School Matter  / Bantra Cemetery matter

School Matter

W. P. NO. OF 2002

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

ORIGINAL SIDE

--------

IN THE MATTER OF :

An application under Article 226 of the Constitution of India;

And

IN THE MATTER OF :

Issuance of appropriate writs and/or orders and/or directions thereunder;

And

IN THE MATTER OF :

The Code of Regulations for Anglo-Indian and Other Listed Schools, 1993;

And

IN THE MATTER OF :

Failure on the part of the respondent authorities to act in due discharge of

their duties and obligations in terms of the said Code;

And

IN THE MATTER OF :

Violation of Articles 14 and 30(1) of the Constitution of India;

And

IN THE MATTER OF :

1. Max Galstaun,

A-11/9, Kalyani, Nadia – 741 235

2.PATRICK NORMAN REDDEN, residing at 117, Lower Circular Road, Kolkata – 700

014.

PETITIONERS

-Versus-

1. State of West Bengal, through the Secretary, Department of Education,

having his office at Writers’ Buildings, Kolkata – 700 001, within the

aforesaid jurisdiction;

2. Deputy Director, Secondary Education, Anglo-Indian Schools, having his

office at Bikash Bhavan, Salt Lake, Kolkata – 700 091, outside the aforesaid

jurisdiction;

3. Loreto Convent, G.T. Road, Asansol – 713 301;

4. St. Vincent’s High & Technical School, Hill View Park, Asansol – 713 301; 5. St. Patricks’ Higher Secondary School, Asansol -713 301; 6. St. Xavier’s School, Durgapur, Burdwan – 713 103; 7. Auxilium Convent School, District:Hooghly, P.O.:Bandel PIN – 712 103; 8. Assembly of God Church School, 128, Park Street, Kolkata – 700 017; 9. Auxilium Convent School, 10, P. K. Guha Road, Dum Dum, Kolkata – 700 028; 10. Calcutta Boys’ School, 72, Surendra Nath Banerjee Road, Kolkata – 700

014;

11. Calcutta Girls’ High School, 118, Princep Street, Kolkata – 700 072; 12. Our Lady Queen of the Mission School, 34, Syed Amir Ali Avenue, Park

Circus, Kolkata – 700 017;

13. Don Bosco School, 23, Darga Road, Park Circus, Kolkata – 700 017; 14. Elias Mayer Free School and Talmud Torah, 50, Bepin Bihary Ganguly

Street, Kolkata – 700 012;

15. St. Joseph’s School, 16, B.B. Gangully Street, Kolkata 12; 16. La Martiniere for Boys, 11, Loudon Street, Kolkata – 700 017; 17. La Martiniere for Girls, 14, Rowdon Street, Kolkata – 700 017; 18. Loreto Day School, Dharamtala, 169, Lenin Sarani, Kolkata – 700 013; 19. Loreto Convent, Entally, P.O.: Tangra, Kolkata–700 015; 20. Loreto House, 7, Middleton Row,Kolkata–700 071; 21. Loreto Day School, 9, Elliot Road, Kolkata – 700 014; 22. Pratt Memorial School, 168, Acharya Jagadish Chandra Bose Road, Kolkata

– 700 014;

23. St. James’ School,

165, Acharya Jagadish Chandra Bose Road, Kolkata – 700 014;

24. Jewish Girls’ School, 63, Park Street, Kolkata 16;

25. St. Mary’s Orphanage and Day School, 103, Dum Dum Road, Kolkata – 700

030;

26. St. Mary’s School, 91/1B, Muzaffar Ahmed Street, (92, Ripon Street),

Kolkata – 700 016;

27. St. Paul’s Mission School, 5, Scott Lane, Kolkata – 700 009; 28. St. Thomas’ Boys’ School, 4, Diamond Harbour Road, Kidderpore, Kolkata –

700 023;

29. St. Thomas’ Girls’ School, 4, Diamond Harbour Road, Kidderpore, Kolkata

– 700 023;

30. St. Teresa’s Secondary School, 72, Diamond Harbour Road, Kidderpore,

Kolkata – 700 023;

31. St. Thomas’ Day School, 9, Mirza Ghalib Street, Kolkata – 700 087; 32. St. Xavier’s Collegiate School, 30, Park Street, Kolkata – 700 016; 33. Welland Gouldsmith School, 288, Bepin Behari Ganguly Street, Kolkata –

700 012;

34. St. Paul’s Boarding and Day School, 68, Diamond Harbour Road,

Kidderpore, Kolkata – 700 023;

35. Loreto Day School, 63, Bowbazar Street, Kolkata 12

36. Loreto Day School- Sealdah, 122, Lower Circular Road, Kolkata; 37. Armenian College and Philanthropic Academy, 56-B, Mirza Ghalib Street, Kolkata – 700 016; 38. St. Augustine’s Day School, 47-B, Ripon Street, Kolkata – 700 016; 39. Albany Hall Public School, 47, Gorachand Road, Kolkata – 700 014; 40. St. George’s School, 69, B.B.Ganguly Street, Kolkata 12; 41. Loreto Free School, 65, Bowbazar Street, Kolkata 12; 42.St. John Berchman’s School, 92, Lower Circular Road, Kolkata – 700 014; 43. Loreto House T.T. Department, Middleton Row Kolkata – 700 016; 44. Bethany School, Darjeeling 45. Salt Lake School, CA-221, Salt Lake City, Kolkata – 700 064; 46. Loyola High School, 54/3, Diamond Harbour Road, Kolkata – 700 027; 47. St. Joseph’s Convent, Strand Road, District: Hooghly; Chandannagar – 712

136,

48. St. Joseph’s Convent High School, 27, Asoke Avenue, P.O. Chittaranjan –

713 331, District Burdwan;

49. St. Xavier’s High School, Bardhaman;

50. Carmel Convent High School, M.A.H.C., Durgapur – 713 210; 51. Mount Hermon School, Darjeeling – 734 104; 52. Loreto Convent School, Darjeeling – 734 101; 53. St. Joseph’s College (School Department) North Point, P.O., Darjeeling –

734 104;

54. St. Paul’s School, P.O. Jalapahar, Darjeeling – 734 103; 55. Don Bosco School, Liluah, Howrah – 711 904; 56. St. Agnes’ Convent School, 1, King’s Road, Howrah – 711 101; 57. St. Thomas’ Church School, 3, Church Road, Howrah – 711 101;; 58. St. Aloysius Orphanage and Day School, 2, Mukhram Kanoria Road, Howrah

– 711 101;

59. Don Bosco School, District & P.O. Hooghly; Bandel – 712 103, 60. St. James’ High School, P.O. Binnaguri, District Jalpaiguri – 735 203; 61. St. Augustine’s School, District: Darjeeling, P.O. Kalimpong – 734 301,; 62. St. Joseph’s Convent, District: Darjeeling, Kalimpong – 734 301; 63. Dow Hill School, P.O. Dow Hill – 734 204, Kurseong, District Darjeeling; 64. Victoria Boys’ School, P.O. Dow Hill – 734 204, Kurseong, District:

Darjeeling;

65. Goethals Memorial School, P.O. Kurseong – 734203, District: Darjeeling; 66. St. Helen’s Secondary School, P.O. Kurseong- 734 203, District

:Darjeeling;

67. St. Agnes’ School, S. E. Rly, Kharagpur – 721 301;

68. Sacred Heart School, 6th Avenue, Kharagpur – 721 301;

69. St. Joseph’s High School, P.O. Matigara – 734 428, District: Darjeeling; 70. Don Bosco School, Sevak Road, Siliguri–734 401; 71. Dr. Graham’s Homes,

Kalimpong, Darjeeling.

RESPONDENTS

To

The Hon’ble Ashok Kumar Mathur, Chief Justice and His Companion Justices of

the said Hon’ble Court.

 

The humble petition of the petitioner abovenamed, most respectfully –S H E W E T H :

1. The petitioners are citizens of India and membersa of the Anglo-Indian community of Calcutta, inter alia, interested in upholding the rights of the members of the said community. The respondent Nos. 1 and 2 are authorities, inter alia, entrusted with the duty and obligation of ensuring that at all material times all recognised Anglo-Indian Schools fulfil the conditions of

recognition as laid down in the Code of Regulations for Anglo-Indian and Other Listed Schools and in the event of non-fulfillment of the said conditions to withdraw the recognition granted to the defaulting schools. The respondent Nos. 3 to 71 are schools recognised as Anglo-Indian schools in the State of West Bengal by the respondent Nos. 1 and 2.

 

2. In the year 1929 the Government of West Bengal framed the Code of  Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 for regulation of recognised Anglo-Indian Schools in the State. The provisions of Chapter I, Chapter – II and Chapter – III of the said Code of Regulations were subsequently modified by the Government of  West Bengal on 21st January, 1994 by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993. Your petitioner crave leave to refer to copies of the said Codes of regulations at the time of hearing, if necessary.

 

3. Regulation 5(2) of the said Code of Regulations for Anglo-Indian and Other Listed Schools, 1993 provides as follows :-

“Anglo-Indian School” means an institution, including all standards and divisions thereof, established under the said Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the date of coming into force of this Code, provided that such institution continues to fulfil the conditions for recognition laid down in this Code, and particularly in regulation 8.”

 

4. Regulation 8 of the said Code provides that “A list of recognised schools shall be maintained by the Department of Education. No school shall be recognised as an Anglo-Indian School or Listed School unless it satisfies the State Board and the Department of Education that -a) its financial stability is assured; b) its Managing Body is properly constituted by the Founder;

c) it is not run for personal profit; d) it has suitable and adequate accommodation and sanitary arrangements having regard to the number, age and sex of the pupils attending it; e) for the purpose of public examinations, it prepares and presents pupils for one or more of the examinations, conducted by the Council, or a similar and equivalent examination approved by the State Board; f) it provides for such courses of study and instructions through the medium of English as approved by the Council or the Board; g) it has adequate number of teachers having prescribed qualifications; h) it has proper facilities for physical education, library services, laboratory work, craft work and co-curricular activities; i) it will make available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees; j) it will offer free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total enrolment of the school.

 

5. It is as such incumbent on all Anglo-Indian Schools to expressly declare that 50% of their annual admissions will be reserved at the first instance for eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees and that it will offer free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total strength of Anglo-Indian Schools and to give effect to and act on such declaration.

 

6. Regulation 7 of the said Code provides that the Deputy Director of  School Education (Anglo-Indian Schools) West Bengal will be the officer responsible to the Department of Education in respect of all Anglo-Indian Schools, listed schools, under-graduate training colleges and other institutions to which the provisions of the Code apply. 7. Regulation 13 of the said Code provides as follows :-

a) If, at any time, the D. D. S. E.(Anglo-Indian Schools, West Bengal considers on account of any deficiencies or defects that any school no longer fulfils the conditions for recognition laid down in this Code, he may, after giving an opportunity to the school to offer its explanation or defence, if any, recommend to the State Board the withdrawal of recognition of the school, giving reasons of such withdrawal of recognition. Provided that if the deficiencies or defects of the school are capable of immediate or early removal, the State Board may recommend suspension of recognition for such period as it may think fit, to enable the Managing Committee of the school to remedy the deficiencies or defects to the satisfaction of the State Board;b) Notice of withdrawal of recognition together with the reasons thereof  shall be communicated to the Managing Committee of the school concerned, fourteen clear days before imposition of the penalty to enable it to examine the charges and correct the irregularities;c) Any Managing Committee aggrieved by withdrawal of recognition of the school managed by it, may, within 30 days from the date of communication to it of the withdrawal, prefer an appeal against such withdrawal to the Secretary of the Department of Education (School Education), Government of  West Bengal.”

 

8. For the purpose of the aforesaid, Regulation 14 of the said Code provides that “the school shall be open for inspection in all its departments by the Deputy Director at all reasonable times with or without notice.”

 

9. It is as such duty incumbent on the D. D. S. E. to make necessary inspection of all Anglo-Indian Schools for the purpose of ensuring that they fulfill the conditions for recognition as laid down by the said Code and in the event of there being any deficiency or defect in the matter of  fulfillment of the same, to take steps against the concerned school in accordance with the Regulation 13 of the same.

 

10. While the Managing Committee of the Anglo-Indian Schools have the power to make rules, such powers do not extend to making rules in consistent with the provisions of the said Code. Anglo-Indian Schools being minority institutions are entitled to and receive the protection of Article 30(1) of  the Constitution of India which provides that all minorities, whether based on religion or language shall have the right to establish and administer any educational institution of their choice. In view of the provisions of the Codes referred to hereinabove and particularly of the Code of Regulation for Anglo-Indian and Other Listed Schools, 1993, such protection is available to Anglo-Indian schools only so long as they conform to and fulfill the requirements of recognition as Anglo-Indian schools. As such, it is only so long that a school is recognised as an Anglo-Indian School it is entitled to the protection of Article 30(1) of the Constitution of India with regard to its administration.

 

11. As schools presently recognised to be Anglo-Indian schools by the Government of West Bengal, the respondent Nos. 3 to 71 are governed by the provisions of the said Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of  Regulations for Anglo-Indian and Other Listed Schools, 1993. Consequently,

each of them are obliged to expressly declare that they will make available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees and further make available free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total enrolment of the school, and to give effect to and to act in terms of such declaration.

 

12. It is common knowledge that although obliged to do so, none of the respondent Nos.3 to 71 have any declared policy of making available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees or any declared policy of making available free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total enrolment of the school; but the respondents failed to give effect to or act in terms thereof, as a result of  which, a large numbers of Anglo-Indian students and indigent Anglo-Indian students are being deprived of free, subsidised or proper education. This in turn is adversely affecting both the fabric and the future of the Anglo-Indian community of West Bengal in general and Calcutta in particular.

 

13. Although obliged to ensure that the conditions for recognition as Anglo-Indian schools are at all material times complied with by the respondent Nos. 3 to 71 and to take steps in accordance with the provisions of Regulation 13 in the event of their failure to do so, the respondent Nos. 1 and 2 have repeatedly failed and/or neglected to do so. This despite the fact that repeated representations have been made by members of the Anglo-Indian community of Calcutta to the respondent Nos. 1 and 2 from to time to the effect that the provisions of the Code and particularly those relating to admission of Anglo-Indian students are being flouted with impunity by the respondent Nos. 3 to 71.

 

14. As a consequence thereof, without conforming to the conditions for  recognition as Anglo-Indian schools, the respondent Nos. 3 to 71 are continuing to be recognised as Anglo-Indian schools and to receive the protection of Article 30(1) of the Constitution of India.

 

15. The respondent Nos. 1 and 2 are both State and statutory authorities vested with the duty and obligation of ensuring that the provisions of the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993 are duly complied with. Despite being repeatedly called upon to do so, the said respondents have, however, failed to act in discharge of such duty and obligation causing great sufferance to the members of the Anglo-Indian community of the State.

 

16. The acts and omissions of the respondent Nos. 1 and 2 are per se arbitrary and violative of Article 14 of the Constitution of India. Consequently the same are required to be remedied by this Hon’ble Court in exercise of its high prerogative writ jurisdiction on the grounds stated hereinabove, which are for the sake of convenience summarised hereunder as follows.

G R O U N D S

 

I. For that the respondent Nos. 1 and 2 are authorities, inter alia, entrusted with the duty and obligation of ensuring that at all material times all recognised Anglo-Indian Schools fulfil the conditions of  recognition as laid down in the Code of Regulations for Anglo-Indian and Other Listed Schools and in the event of non-fulfillment of the said conditions to withdraw the recognition granted to the defaulting schools.

II. For that in the year 1929 the Government of West Bengal framed the Code

of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 for regulation of recognised Anglo-Indian Schools in the State.

III. For that the provisions of Chapter I, Chapter – II and Chapter – III of  the said Code of Regulations were subsequently modified by the Government of West Bengal on 21st January, 1994 by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993.

IV. For that Regulation 5(2) of the said Code of Regulations for Anglo-Indian and Other Listed Schools, 1993 provides that “Anglo-Indian School” means an institution, including all standards and divisions thereof, established under the said Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the date of coming into force of this Code, provided that such institution

continues to fulfil the conditions for recognition laid down in this Code, and particularly in regulation 8.

V. For that Regulation 8 of the said Code provides that “A list of recognised schools shall be maintained by the Department of Education”.

VI. For that the Code provides that no school shall be recognised as an Anglo-Indian School or Listed School unless it satisfies the State Board and the Department of Education that its financial stability is assured, its Managing Body is properly constituted by the Founder, it is not run for personal profit, it has suitable and adequate accommodation and sanitary arrangements having regard to the number, age and sex of the pupils attending it, for the purpose of public examinations, it prepares and presents pupils for one or more of the examinations, conducted by the Council, or a similar and equivalent examination approved by the State Board, it provides for such courses of study and instructions through the medium of English as approved by the Council or the Board, it has adequate number of teachers having prescribed qualifications, it has proper

facilities for physical education, library services, laboratory work, craft work and co-curricular activities, it will make available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees, it will offer free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of  the total enrolment of the school.

VII. For that it is incumbent on all Anglo-Indian Schools to expressly declare that 50% of their annual admissions will be reserved at the first instance for eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees and that it will offer free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total Anglo-Indian Schools and to give effect to and act on such declaration.

VIII. For that Regulation 7 of the said Code provides that the Deputy  Director of School Education (Anglo-Indian Schools) West Bengal will be the officer responsible to the Department of Education in respect of all Anglo-Indian Schools, listed schools, under-graduate training colleges and other institutions to which the provisions of the Code apply.

IX. For that Regulation 13 of the said Code provides that if, at any time, the D. D. S. E.(Anglo-Indian Schools, West Bengal considers on account of any deficiencies or defects that any school no longer fulfils the conditions for recognition laid down in this Code, he may, after giving an opportunity to the school to offer its explanation or defence, if any, recommend to the State Board the withdrawal of recognition of the school, giving reasons of such withdrawal of recognition.

X. For that Regulation 13 of the said Code also provides that if the deficiencies or defects of the school are capable of immediate or early removal, the State Board may recommend suspension of recognition for such period as it may think fit, to enable the Managing Committee of the school to remedy the deficiencies or defects to the satisfaction of the State Board.

XI. For that Regulation 14 of the said Code provides that “the school shall be open for inspection in all its departments by the Deputy Director at all reasonable times with or without notice.”

XII. For that it is as such duty incumbent on the D. D. S. E. to make necessary inspection of all Anglo-Indian Schools for the purpose of ensuring that they fulfill the conditions for recognition as laid down by the said Code and in the event of there being any deficiency or defect in the matter of fulfillment of the same, to take steps against the concerned school in accordance with the Regulation 13 of the same.

XIII. For that while the Managing Committee of the Anglo-Indian Schools have the power to make rules, such powers do not extend to making rules in consistent with the provisions of the said Code.

XIV. For that Anglo-Indian Schools being minority institutions are entitled to and receive the protection of Article 30(1) of the Constitution of India which provides that all minorities, whether based on religion or language shall have the right to establish and administer any educational institution of their choice. In view of the provisions of the Codes referred to hereinabove and particularly of the Code of Regulation for Anglo-Indian and Other Listed Schools, 1993, such protection is available to Anglo-Indian schools only so long as they conform to and fulfill the requirements of  recognition as Anglo-Indian schools.

XV. For that it is only so long that a school is recognised as an Anglo-Indian School it is entitled to the protection of Article 30(1) of the Constitution of India with regard to its administration.

XVI. For that as schools presently recognised to be Anglo-Indian schools by the Government of West Bengal, the respondent Nos. 3 to 71 are governed by the provisions of the said Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993.

XVII. For that each of them are obliged to expressly declare that they will make available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees and further make available free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total enrolment of the school, and to give effect to and to act in terms of such declaration.

XVIII. For that it is common knowledge that although obliged to do so, none of the respondent Nos. 3 to 71 have any declared policy of making available upto 50% annual admissions to eligible Anglo-Indian pupils whose parents/guardians are prepared to pay full fees or any declared policy of making available free studentship or part free studentship to indigent Anglo-Indian pupils numbering not less than 5% of the total enrolment of the school. Consequently, the question of their giving effect to or acting in terms thereof does not and cannot arise.

XIX. For that as a result a large numbers of Anglo-Indian students and indigent Anglo-Indian students are being deprived of free, subsidised or proper education. This in turn is adversely affecting both the fabric and the future of the Anglo-Indian community of West Bengal in general and Calcutta in particular.

XX. For that although obliged to ensure that the conditions for recognition as Anglo-Indian schools are at all material times complied with by the respondent Nos. 3 to 71 and to take steps in accordance with the provisions of Regulation 13 in the event of their failure to do so, the respondent Nos. 1 and 2 have repeatedly failed and/or neglected to do so.

XXI. For that this despite the fact that repeated representations have been made by members of the Anglo-Indian community of Calcutta to the respondent Nos. 1 and 2 from to time to the effect that the provisions of the Code and particularly those relating to admission of Anglo-Indian students are being flouted with impunity by the respondent Nos. 3 to 71.

XXII. For that as a consequence thereof, without conforming to the conditions for recognition as Anglo-Indian schools, the respondent Nos. 3 to 71 are continuing to be recognised as Anglo-Indian schools and to receive the protection of Article 30(1) of the Constitution of India.

XXIII. For that the respondent Nos. 1 and 2 are both State and statutory  authorities vested with the duty and obligation of ensuring that the provisions of the Code of Regulations for European (now Anglo-Indian)

Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993 are duly complied with.

XXIV. For that despite being repeatedly called upon to do so, the said respondents have, however, failed to act in discharge of such duty and obligation causing great sufferance to the members of the Anglo-Indian community of the State.

XXV. For that the acts and omissions of the respondent Nos. 1 and 2 are per se arbitrary and violative of Article 14 of the Constitution of India.

 

17. The petitioner and the members of the Anglo-Indian community of the State have no other efficacious or alternative remedy available to them and the reliefs prayed for herein, if granted, will afford complete relief.

18. As has been stated hereinabove, despite repeated representations made by members of the Anglo-Indian community to the respondent Nos. 1 and 2 from time to time, the said respondents have failed and/or neglected to act in due discharge of their duties and obligations or to ensure that the provisions of the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993 are duly complied with. In spite of justice being repeatedly demanded, the same has as such been denied to the petitioner and other members of the Anglo-Indian community. Accordingly, any further demand for justice is likely to be merely an idle and empty formality.

19. The respondent Nos. 1 and 2 have their office within the jurisdiction of this Hon’ble Court and as such this Hon’ble Court has the jurisdiction to receive and determine the instant application.

20. The petitioner has not filed any other petition on the self same cause of action either under Article 226 or under Article 32 of the Constitution of India before this Hon’ble Court or before any other High Court or before the Hon’ble Supreme Court of India.

21. In the facts and circumstances as aforestated, it is expedient and in the interest of justice to forthwith appoint a Special Officer with a direction to enquire as to whether the respondent Nos. 3 to 71 are acting in conformity with the provisions of the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993, inter alia, in the matter of admission of Anglo-Indian students and to file a report before this Hon’ble Court, as also to pass the others orders as prayed for herein.

22. Unless orders as prayed for herein are made, the petitioners and the members of the Anglo-Indian community in West Bengal will suffer irreparable loss, prejudice and injury.

23. This application is bonafide and is made for the ends of justice. The petitioners, therefore, humbly pray before Your Lordships that :-

a) A writ of or in the nature of Mandamus do issue:-

(i) commanding the respondent Nos. 1 and 2 to forthwith enquire and report as to whether, and if so, how the respondent Nos. 3 to 71 are complying with the provisions of the Code of Regulations for European (now Anglo-Indian)

Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993, particularly with regard to the admission of Anglo-Indian students;

(ii) commanding the respondents to take steps in accordance with Regulation 13 of the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993 against defaulting schools including steps for their de-recognition as Anglo-Indian schools;

b) A writ of or in the nature of Certiorari do issue directing the respondent Nos. 1 and 2 to certify and transmit to this Hon’ble Court all records, papers and documents relating to the satisfaction of the conditions for recognition as Anglo-Indian schools by the respondent Nos. 3 to 71, so that conscionable justice may be done upon considering the same;

c) Rule Nisi in terms of the prayers above;

d) An order be made appointing a Special Officer with a direction to enquire as to whether the respondent Nos. 3 to 71 are acting in conformity with the provisions of the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 as modified by the Code of Regulations for Anglo-Indian and Other Listed Schools, 1993, inter alia, in the matter of admission of Anglo-Indian students and to file a report before this Hon’ble Court;

e) An ad-interim order be made in terms of the prayer (d) above;

f) Costs of this application be directed to be paid by the respondents;

g) Such further or other order or orders be made and/or direction or directions be given as to this Hon'ble Court may seem fit and proper.

And your petitioner, as in duty bound, shall ever pray.

 

 

AFFIDAVIT

We, (1) Max Galstaun son of A. Galstaun aged about 52 yrs, by faith Christian, Anglo-Indian of Armenian origin, residing at, A-11/9, Kalyani, Nadia – 741 235.and (2).Patrick Norman Redden, son of Late R. Reddn aged about 73 yrs. by faith Christian, Anglo-Indian origin, residing at 117, Lower Circular Road, Kolkata – 700 014, do hereby jointly make an oath and say as follows :

1. we are the petitioners herein and are well conversant with the facts and circumstances of the case.

2. That the statements contained in paragraphs 1 to 16 are true to my knowledge and the rest are our humble submissions before this Hon’ble Court. Sworn by the said Ronald Martin in the Court House at Calcutta on this the day of April, 2002. Before me.

COMMISSIONER.

Sworn by the said Max  Galstaun in the Court House at Calcutta on this the day of April, 2002.

Before me.

COMMISSIONER.

W. P. NO. OF 2002

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

ORIGINAL SIDE

--------

IN THE MATTER OF :

An application under Article 226 of the Constitution of India;

And

IN THE MATTER OF :

Max Galstaun & Anr.

VS

State of West Bengal & Ors.

 

 

WRIT PETITION

 

ATISH GHOSH

Advocate

11, OLD POST OFFICE STREET,

1ST FLOOR KOLKATA

 

========================================================================

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(Bantra Cemetery matter)

 

 

 

DISTRICT : HOWRAH

W. P. NO. (w) OF 2002

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

 

In the Matter of :

An application under Article 226 of the Constitution of India;

And

In the Matter of :

Writ of or in the nature of Mandamus or Certiorari or Prohibition, order or

orders, direction or directions;

And

In the Matter of :

Articles 14, 15, 25, 26 and 29(1) of the Constitution of India;

And

In the Matter of :

Sections 212A 212E, 212F and 212G of the Howrah Municipal Corporation Act,

1980;

And

In the Matter of :

The desecration of graves, exhuming and cremation of bodies at Bantra

Cemetery by certain land developers on the strength of a purported illegal

agreement entered into between the Bishop, Church of North India and some

real estate developers;

And

In the Matter of :

The inaction on the part of the Howrah Municipal Corporation authorities in

preventing the desecration of the graves exhumation and cremation of the

corpses at the Bantra Cemetery;

And

In the Matter of :

A publication in the Hindustan Times, Howrah Live dated 26th March, 2002

about the digging up of the graves and burying of bodies under the caption

“Realtors dig up graves, burn bodies”;

And

In the Matter of :

Kevin Johnston, son of Mr. D. Johnston, residing at 4/C, Sapgachi Second

Lane, Police Station Tiljala, Kolkata – 700 039

PETITIONER

 

-Versus-

 

 

1. The State of West Bengal through the Secretary, Department of Municipal Affairs, Bikash Bhavan, Salt Lake, Kolkata – 700 091;

2. The Howrah Municipal Corporation through the Mayor-in-Council, Howrah;

3. The respective Borough Committee, Howrah Municipal Corporation, Howrah;

4. The Calcutta Diocesan Trust Association (Private) Ltd., a company duly registered under the Companies Act, 1956, having its office at 51, Chowringhee Road, Kolkata 700 071;

5. The Board of Directors, Calcutta Diocesan Trust Association (Private) Ltd., having its office at 51, Chowringhee Road, Kolkata 700 071;

6. The St. Thomas Church, represented through the Parish Priest, 6, Church Road, Howrah ;

7. The Officer-in-Charge, Bantra Police Station, Howrah

 

RESPONDENTS

 

 

To

The Hon’ble Ashok Kumar Mathur, Chief Justice and His Companion Justices of the said Hon’ble Court.

 

 

The humble petition of the petitioner abovenamed, most respectfully –

 

 

S h e w e t h:

 

1. The petitioner is a citizen of India. The petitioner is Christian and belongs to the Anglo-Indian Community.

2. The petitioner is filing this writ petition in the representative capacity – and being a Christian, is concerned with the protection of the cultural and religious rights of the Christian community which is the minority in India.

3. Rumours were doing the rounds about certain mal practices being carried out at the Christian Cemetery at Bantra, Howrah. There was word in the grapevine that the entire Bantra cemetery had been leased out and/or sold to developers and other businessmen for the purpose of constructing warehouses, factories and multi-storied apartments.

4. Shocked by such rumours, the petitioner visited the Bantra graveyard on the 11th of March, 2002 and found to their dismay that the rumours were absolutely true. The petitioners, who had attended some burials at the said cemetery in the past, knew it well. To their surprise, the petitioner found the whole graveyard to be dissected into plots of various dimensions. The graves in some of these plots had been razed. The sign of crucifixion or the cross on each of the graves were removed. Instead, only mounds of earth were found there. Grass had grown on these mounds signifying that the graves had been defiled quite some time back. No epitaphs were found on these graves. Enquiries from local Christians revealed that the graveyard had been dissected into plots and had been sold and/or leased out to businessmen. It is not understood as to why the graveyard comprising of 100 acres – as the records would have it - needs to be dissected by plotting it. Some photographs of the plot were

taken on the spot by the petitioner. Copies of these photographs are annexed hereto and marked with the letter ”P–1”.

5. The petitioner was told that soon the graves on one of the plots would be razed and constructions would begin immediately. On the 18th of March this year, on receipt of information from a friend, the petitioner again visited the spot and to their utter dismay found some labourers at work inside one of these plots in the graveyard. The petitioner gathered some of their Christian brethren and tried to oppose the labourers from razing the graves but, on threats of dire consequences being hurled on them by some hoodlums, the petitioner withdrew along with the group. Instead, the petitioner took refuge in the nearby Don Bosco home for the poor and from there could see the graves being desecrated: bodies being exhumed and cremated – much against Christianity. The petitioner took photographs of the way the graves were being despoiled. Copies of the photographs taken by the petitioner on one of such plots is annexed hereto and marked with the letter “P-2”.

6. As was wont to happen, the reporters got wind of the clandestine happenings at the Bantra Cemetery. The Hindustan Times of the 26th of March, 2002 in its supplementary, Howrah Live, carried a full fledged report of the desecration of the graves at the Bantra Cemetery and about the same plot of which the petitioner had taken photographs of on the 18th of March, 2002.

But the savage defilement of the graves surely strikes at the root of the Christian religion and is an invasion on their right to practice their religion.

7. Enquiries at the parish revealed that the last burial which took place on the plot of the graveyard - which was photographed by the petitioner on the 18th of March, 2002 (and has been annexed hereto with the letter P-2) and from which the bodies were being exhumed – was on 12th March, 2002, just a few days before the corpse of Isabella Sayter, who was buried there on that day, was exhumed.

8. The first burial at the graveyard at Bantra took place sometime in the year 1880 when Lonisa William was buried there. And it has, along with Howrah Cemetery and Sibpur Cemetery catered to the Christians of Howrah. The other two cemeteries being Howrah Cemetery and Sibpur Cemetery have not become defunct but have become extinct. There is no trace of them any more.

Perhaps with the boom in real estate in the early eighties, these two cemeteries have become the prey of covetous realtors – a fate – which if not thwarted now, awaits the Bantra Cemetery also.

9. The Bantra graveyard originally had an area of about 100 acres. This area suddenly began to dwindle in the nineties. Some multi storeyed constructions as well as chemical factories had begun to develop on the lands, which were comprised in the graveyard. Objections by the Christians of the area were easily silenced by the threats of the hoodlums who were hired by the businessmen and developers who professed that they were authorised by the trustees of the graveyards to construct on the grounds. The matter was not pursued further by the local Christians who were cowed into submission by threats and intimidation as aforesaid.

10. The Bantra Cemetery is managed by the Calcutta Diocesan Trust Association (Private) ltd. It is an affiliate of the Church of North India. At the Bantra Cemetery Christians bury their dead. Before burial the corpse is an embalmed. The burial ground – to the Christians – is consecrated. The Christian corpses which are buried in the cemetery cannot be exhumed without the proper pontifical authority. And that too for good reasons such as in connection with certain investigations or when a Christian is

ex-communicated. Even before ex-communication of a baptised Christian, there are elaborate investigations under proper authority. Therefore, amongst Christians digging up a grave without proper authority and purpose is a sacrilege. It is an act of mayhem committed on the Christian religion. The digging up of graves, exhuming bodies and burning them is palpably an act of

mayhem and sacrilege when such act is done in furtherance of an agreement for building houses and godowns.

11. When the Christians bury the dead in a graveyard, the persons who maintain such a graveyard become the trustees of the Christians who have buried their beloved in such graves. The deaths are registered and only on the receipt of a death certificate can a dead body be buried in cemetery. From the burial also, fees are paid. Therefore, the owners and managers of graveyards perform public functions and are responsible to the Government for allowing the relatives of the dead to bury only those bodies which are certified to be dead - and in this case – the provisions of Sections 212A, 212E, 212F and 212G of the Howrah Municipal Corporation Act, 1980 have been complied with.

12. The digging up of graves, exhuming bodies and burning them shocks the conscience of all Christians when such an act is to perpetrate the development of warehouses and buildings on the graveyard. The Christians do not burn bodies. It is morally and religiously wrong to do it. Such act of burning bodies after exhuming them is damned by the Christian tenets. These acts shake the foundation of the Christian religion and are beyond morality, decency and public order. It interferes with the religious beliefs of the Christians. In this regard a first information report dated 20th March, 2002 signed by the petitioner along with Fr. W.Barretto, the Parish Priest and some of the local Christians has been lodged with the Officer in Charge, Bantra Police station. A copy of the said FIR dated 20th March, 2002 is annexed hereto and marked with the letter “P-3”.

13. On Saturday, March 30, 2002 the Christians gathered at the cemetery to offer their homage to the dear departed. It was Easter week. But some hoodlums prevented the Christians from performing the Church services. And, in spite of the report in the newspapers the State respondents have made no enquiry, nothing at all. In fact, their apathy is appealing. A Christian

graveyard being used for purposes other than for which licence was given that to within the corporation area. Yet the municipal and state authorities pleaded that they have nothing to do.

14. In the backgrounds of the facts and circumstances narrated above, your petitioner most humbly submits as hereunder :-

a) The respondents have violated the constitutional articles in that religious beliefs and practices of the petitioners and their community have been remorsefully massacred;

b) The purported agreement for development of warehouses and building by digging up graves, exhuming bodies and cremating them in a Christian graveyard itself is a mayhem;

c) When relatives of a deceased Christian is allowed to bury the dead only on the strength of a proper death certificate, the burial ground no more becomes a private property but the custodians of such grounds begin to perform public functions and their actions will be gauged according to public policy and accountability. As such the digging up graves, exhuming bodies and burning them – which acts shock the conscience of the Christian world – is reprehensible and should be stopped immediately.

15. Being aggrieved by the actions of the respondents in allowing private parties to dig up graves, exhume bodies and burn them in an auditious attempt of infringement of the right of the Christians practices and profess their religion, your petitioner crave to move this public interest litigation under Article 226 of the Constitution of India on the following amongst other –

 

G R O U N D S:

A) For that the respondents have violated the constitutional articles in that religious beliefs and practices of the petitioners and their community have been remorsefully massacred;

B) For that the purported agreement for development of warehouses and building by digging up graves, exhuming bodies and cremating them in a Christian graveyard itself is a mayhem;

C) For that when relatives of a deceased Christian is allowed to bury the dead only on the strength of a proper death certificate, the burial ground no more becomes a private property but the custodians of such grounds begin to perform public functions and their actions will be gauged according to public policy and accountability. As such the digging up graves, exhuming

bodies and burning them – which acts shock the conscience of the Christian world – is reprehensible and should be stopped immediately;

D) For that it is well settled that when the constitutional guarantee under Part-III of the Constitution is violated by any person, then Writ will lie to correct the infringement.

16. Your petitioner has no alternative efficacious remedy and unless the respondents are directed by an interim order of injunction from proceeding further or any further with the desecration of the Bantra Cemetery, your petitioner will suffer irreparable loss and substantial injury.

17. The balance of convenience and inconvenience in granting the interim order prayed for herein is heavily in the petitioners’ favour.

18. The petitioner has not moved any other writ application on the grounds stated hereinabove.

19. The records of the case are lying in the office of the respondent Nos. 4 and 5 which are situated outside the Ordinary Original Jurisdiction of this Hon’ble Court.

20. This application is bonafide and for the ends of justice.In the circumstances aforestated, your petitioner most humbly prays before Your Lordships that :-

a) A writ of or in the nature of Mandamus do issue commanding the respondents to do their statutory duties in accordance with law and forebear from desecrating or allowing the desecration of the Bantra Cemetery by digging up the graves, exhuming bodies or burning them and to maintain the said graveyard only for the purpose for which licence was given by the Municipal authorities;

b) A writ of or in the nature of Prohibition permanently prohibiting the respondents from using the Bantra Cemetery for other purposes other than as a Christian Burial Ground;

c) A writ of or in the nature of Certiorari directing the respondents to certify and transmit before this Hon’ble Court the entire records of the case so that conscionable justice may be done to the petitioner and their community by quashing any instrument, agreement, orders, circular or any such like which has the effect of allowing private persons to change the nature and character of the Bantra Cemetery or which allows any person to dig up graves, exhume bodies and burn them;

d) Rule Nisi in terms of prayers (a), (b) and (c) above;

e) Interim order of injunction directing the respondents to refrain from any further activity of any account which has the effect of desecrating the graveyard by digging up bodies and burning them;

f) Further interim order restraining the respondents, their men, agents or assigns from constructing any warehouse, building or any such structure on the Bantra Cemetery till the disposal of the rule;

g) Ad-interim order to the effect that a Special Officer be appointed by this Hon’ble Court to visit the Bantra Cemetery, inspect all records and to file a report before this Hon’ble Court;

h) Further ad-interim order directing the Officer-in-Charge, Bantra Police Station to prevent any graves from being dug up and to ensure that no construction of any kind there being undertaken on the Bantra Cemetery;

i) Costs of and incidental to this application;

j) Such further or other order or orders be made and/or direction or directions be given as to this Hon’ble Court may seem fit and proper.

 

And your petitioners, as in duty bound, shall ever pray.

 

ADVOCATE FOR THE PETITIONER

 

 

 

AFFIDAVIT

I, Kevin Johnston, son of Mr. D. Johnston, aged about 31 years by faith Christian Anglo-Indian Community, by occupation service, residing at 4/C, Sapgachi Second Lane, Police Station Tiljala, Kolkata – 700 039, do hereby swear an affidavit and say as follows :

1. I am the petitioner herein and am well conversant with the facts and circumstances of the case. As such I sign and swear this affidavit.

2. That the statements contained in paragraphs 1 to 13 are true to my knowledge and the statements made in paragraphs 14 to 20 are my respectful submissions before this Hon’ble Court.

Prepared in my office. The deponent is known to

Advocate Clerk to Mr.

Advocate

SWORN before me

on this the day of

April, 2002.

COMMISSIONER.

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