October Paper

A habitat is a region of land (where some people live, and which is their home-land. It may contain multiple cities; several villages or hamlets.

(In common usage, a single village, town or city is called a ‘settlement’).

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                     It is desirable that a habitat have more than just one settlement or only a small group of hamlets or residential buildings, for the following reasons : –

                      For the all-round self-sustenance, more independent self-defence and self-perpetuation of the habitat.

                       For a more varied life. In a way, a better quality of life. And for some practical reasons (better education, a better economy, so again, a greater material standard of living). -Chances of finding and ease of finding good matches in marriage within the habitat itself, more chances of finding close friends, with whom one shares interests, etc.

                      The larger a population is, the greater is the probability of existence of individuals in it who have extraordinary merit or qualities, like exceptional intelligence, capability for inventions and innovations, being a natural good teacher / surgeon, or literary or artistic qualities, and so on, which make the lives of all persons in that population better.

To the above list, may be added another quality- that of natural moral courage, kindness and vision, all of which are necessary in a good ‘leader’, and essential  in the defence and perpetuation of a society.

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                       If the inhabitants so wish, they may – with the family as the basic unit – live in a planned way, by volition, in a secluded home setting. In a ‘cloistered’ way.

Such as a secluded homestead or ‘clan’ houses together, a few kilometres or a few hundred metres from the nearest other human habitation.

                       -Or in a small village or a small, quiet town (which nonetheless has all modern facilities and amenities like satisfactory healthcare institutions, medicines, communications and transport, access to books and media etc.).  Surrounded by the countryside. Miles of natural environs, which is its own world. Self-contained, for its inhabitants – its men and women, boys and girls – whole, good.

Living in which, one need not be aware of, -may forget about the existence of, the larger world without. Being in which, one feels detached from the mundane world on the outside. The stark, coarse elements or powers of that outside world have no influence over, no significance in this world, the habitat.

A habitat in which there is one’s family, a close group of friends or acquaintances, gentry citizenry, one’s fields, quiet neighbourhood and beloved town, one’s likes and loves, -choices and life. And it is a complete ‘world’ and life.

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                      A given person’s own village, hamlet or city may be called his/her ‘home settlement’ (as in ‘hometown’). Each family or most, may have two homes – one, their ancestral or ‘family home’ perhaps in a rural region, and the other, perhaps in a town or city, which is their permanent residence because of occupational or schooling reasons. The family should stay for at least a week or two in their ancestral home, each year. Desirably as part of a family gathering i.e. a get together with the larger family.

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                      The dwelling of each family may be in such an environ that from the ground level of the house, no other building is visible, or just one or two, in an unobtrusive way. That would be the case, on looking out, at least in most directions.

                      The house would be surrounded by much trees and grove/foliage.

                      (The buildings and roads are not laid out in a grid pattern; though they may actually have been planned or conceived as part of an overall, carefully prepared ‘project’. The settlement has a ‘loose’, natural look to it. A wholesome, and in a way beautiful environ, which nevertheless does not appear to be ‘designed’ or ‘planned’).

                       Every neighbourhood has within it, some empty plots of land with large trees of dense foliage and large canopy, and also some open ground. (These would be suitable spots for children to play on evenings. Or watch the rain come down upon). Every cluster of houses or section of a neighbourhood, has adjacent to it, some ‘free ground’ which is shaded by trees, kind of a wood with dry leaves and grass forming a carpet over its soil.

                        The trees that I like happen to be gulmohar, eucalyptus, the good old mango tree of the tropics, and others. The lanes and larger streets are also lined with large, gracious trees.

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                       If the total population and land area of the habitat is large enough, then each person, young or old, would have the option to seek, or come across more company say in the nearest city or town. For example, in a relatively large college or school, a club or sports complex, cafes, parks and walking trails.

Such a habitat would have a more varied social or ‘outdoor’ life including for example fairs, music programs, visiting a library and meeting people there, which one might occasionally experience, as per one’s wishes or perhaps on the suggestion of an elder or friend.

                         A larger population enables a larger economy and a more advanced economy, which create a larger surplus wealth and disposable incomes, and greater revenues for the State.  -Which are necessary to build valuable institutions and to promote and cultivate valuable qualities in the inhabitants. For example to build things like sports complexes, public libraries and parks, a satisfactory public healthcare system, subsidies and endowments for worthy purposes e.g. medical education and research, and scholarships.

                        A smaller population is also much more vulnerable, from the defence point of view. A proper awareness of history makes us realise that in the long-term, the dissolution under pressure or capture of a good but small ‘system’ is almost certain. And how sad would that be.

As we all know, a strong economy is essential for proper defence, in the modern times.

Therefore goodness and qualities are desirable, and fundamentally so. It defines the spirit. But never ignore scale.

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                       There is something else, which from the ideal point of view one should do.

                        And as a separate matter, from the practical point of view, a good society would need to do.

                         And that is to spread good principles and mentalities to other populations of the world, especially the ones near to them, or particularly strong. One of the best ways to protect goodness is to spread it. In the long term, spanning generations, it is probably the only assured way. That, and even more importantly, ensuring that the future generations of one’s own society remain steadfast in virtue.

                         In this real world, if one is to maintain one’s righteous way of life, one cannot afford to be unaware about or totally uninvolved in the affairs of the ‘outside world’. Plus, a good society should seek for its good qualities to expand among as large a number of people as possible, and not be content in those qualities being limited to itself. Both ideally and practically, this is essential.

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                    [ In the assessment of this author, technological advancements till date and increasingly in the near future, would enable a person to live in a village/country setting, or a small town, while also having a job, a full-time, satisfactory gainful employment of a technical, knowledge-based, or intellectual or artistic nature. To some extent in recent times, technology has already enabled this to come true ].

                     The total population, land area and natural resources of the habitat need to be large enough to ensure that always the habitat is self-sufficient in –

                     Food production and water resources.

                     Energy.

                     The raw materials and manufactured goods essential for a modern, civilised life.

                      -And also those necessary for the protection of the habitat.

                      Providing reasonably acceptable- even if not completely satisfactory or ideally desired – employment to all inhabitants. And to maintain a self-sufficient and reasonably strong economy. – One that is resilient to occasional challenges, contingencies.

                       An economy that is of the right ‘quality’ i.e. there is a large enough services sector, high-tech industries which provide good white collar, knowledge-based jobs to the inhabitants.

                        An economy which natively provides services and facilities to the inhabitants that involve advanced technology and knowhow e.g. superspeciality surgeries etc.

                       The manufacturing sector too must be of sufficient size and quality; the habitat should be self-dependent in the important manufactured goods.

                       Indeed, for greater revenues, exports should be there.

                       Occupations associated with the intellectual or artistic faculty must also be present.

                       The right kind of economic conditions and other material aspects are only the practical requirements for the right kind of a life for every inhabitant.

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3.

                     The inhabitants are of the same society and culture. –Or of a group of closely related societies and cultures, which are of a common origin.

                      Practically or expressed in the conventional way, it means they belong to the same ethnic group or a set of very closely related ethnic groups.

[ This is the way societies and cultures can be preserved, and may flourish. It is also a significant source of happiness/well-being for the inhabitants.

A cultural life, belonging to a social milieu (not just a ‘population’ or geographical community) is very necessary.

– Though it has to be ensured that the society (on the whole), -that milieu is of large spirit/’a large mind’, knowledgeable and truly cultured. (- And not parochial, small-minded or of constricted ideas, as tends to happen in the case of many – but not all – small and sequestered communities). This author thinks that can be achieved reasonably easily, especially in the modern age ]. 

4.

                       It is governed by or subject to the right laws.

                       Plus, the municipalities, civic bodies etc. are vested with the right kind of mandates, the right kind of legal obligations. -Meaning, if they do not fulfill the same, there is legal recourse for citizens. –And suo motu cognizance by the judiciary.

                       The laws are well-defined, objectively and unambiguously stated. All relevant possibilities and legal remedies are covered. A law is laid down in the fullest detail that is realistically necessary. What all actions or omissions constitute a violation of the law is stated with complete clarity. Ditto for the remedies and penalties/sentencing.

                        The language and provisions of the laws are of a specific nature, and not vague or merely general. The statement of a law is not open to a ‘broad’/loose or arbitrary interpretation.

                        Each law should be prefaced by a statement of its purpose, and its underlying moral principle, value or spirit. The spirit and purpose of a law must be preserved in its administration, i.e. in a verdict based on it.

                         [ As a matter of fact, through history, in different countries of the Civilized world, it has been very common on the part of governments to frame laws that are (probably) intentionally kept vague enough, expressed in too generalized or subjective terms, and that then leaves room for judges (who are often not models of justice, due to various reasons) to pass whatever sentences they want to, -or remain inactive, based on their ideology/agenda or biases. -Or for the police, administration, government departments/agencies or ministries to interpret the law as per their vested interests or dogmatic goals. – To make an arrest, do proper investigation and prosecution, order a prohibition/ban, –or not, irrespective of morality and justice. – Irrespective even of the ostensible spirit or purpose of the law! ]

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                           Citizens should take a keen interest in the nature and details of laws. Including ‘personal laws’ like those concerning marriage, divorce, inheritance etc. They should thoroughly understand each law and its implications. They should act as necessary, if a right law (that which should exist) happens not to exist in the current body of the habitat’s laws or if a wrong kind of law exits.

                            They should think in their minds what all laws need to exist and why.

                            They should know all the existent laws and constitutional features which might be of any significance to them.

                             The above is one of the most important duties of a citizen. Otherwise serious harm is very probable to result.

5.

                     The law and order condition is perfect.

                     It is so good that –

                      Any disturbances in the law and order status or potential factors which may cause disturbance are neutralized/prevented by the State at the earliest.

                Though in a habitat where the nature/character of the inhabitants is ideal, there would be no law and order problems.

–Except perhaps some rare and isolated cases, due to the natural unpredictability of how an individual human being may turn out.

                        There are preventive and monitoring/surveillance mechanisms to preclude any threats to law and order. In other words, -to prevent any ‘risk factors’ from forming at all. Including long-term and government policy-based ones.

[  Whenever possible and desirable, common individual inhabitants and the Citizen’s Body should also wholeheartedly contribute to the above, take initiatives. But the State should be-, and the Constitution mandates it to be so efficient in this, that the individual inhabitant can be completely at rest and peace, having to not spend any of his/her energy or time on this  ].

                       There is rule of law in the region, i.e. the laws are actually implemented or enforced.

                        The enforcement of the laws is not subject to the ‘discretion’ of the police, administration or government. If a law exists, then it is mandatory for them to enforce it, in every case of its violation.

They may not pick and choose which laws to enforce when; -act arbitrarily, upon whims or expediency.

If an employee/functionary/office-holder of the State does not enforce a law (including that upon the triggering of a provision of the Constitution), –as soon as possible and to the fullest extent, then severe penalty under law would be imposed upon him/her (including incarceration, dismissal from employment, and heavy fines of 20% to 70% {depending upon the seriousness of the harm caused or potential harm. If the total assets and income of the individual is more, then the fine would be more} of his/her total assets). *

                       In addition to the right kind of a Constitution and the right laws (and rules pertaining to government departments, their functioning), there must be an independent citizen’s body. This body is separate from the State. It is active – among other spheres – in ensuring that the State is doing its various duties, and if not, to attempt for redressal and remedies.

                        It may also exert the right kind of influence on private individual citizens, institutions, organizations and companies, to maintain the right nature of the habitat and the lives of its people. (A simple example would be the preferential patronisation or boycott of a company that treats its employees in a manner exemplifying or violating certain standards. –The initiative regarding and organizing of such acts. Of course, the citizen’s body must have clear and objective standards in written form in the public domain, governing its own conduct at all times. Otherwise it may become like many (not all) ‘samaj’s of pre-modern Bengal or medieval Europe, controlled by persons of unenlightened views or vested interests and meanness, ostracizing and stigmatizing people).

This citizen’s body is one with voluntary membership.

This citizen’s body has its own set of principles that define its character, agenda etc. in well-defined, objectively stated and written form.

There may be multiple citizen’s bodies in a habitat. They may have different characters and set of  goals defined by their respective constitutions/charters.

–Though I guess ideally there would be only one. If a member finds something fundamentally wrong with a given CB, then he/she may leave it to join or establish another. Though he/she should first try to rectify the fault in the given CB. If that is not/cannot be achieved, only then should an alternative be adopted.  

(C)

Stated below are some of the specific and objective conditions that ESSENTIALLY exist in an ideal habitat.

In an ideal habitat, the maintenance/protection of these conditions is ensured by Law and Constitutional provisions:

1. There is no noise. There is no disturbance of or distress to anyone due to noise.

(a) The use of loudspeaker, ‘megaphone’ or amplifier is prohibited.

It is mandatory for law enforcement agencies to stop the loudspeaker from playing as soon as possible. Proven failure or laxity in doing so entails prosecution and heavy penalties for the relevant State employee/s (e.g. the policepersons involved).

(Furthermore, a common citizen is legally permitted to inactivate or take possession of a loudspeaker that is playing or is likely to play imminently, (without engaging in trespass, assault or abusive/libelous speech).

(contd.) It is always prosecuted and attracts certain incarceration (of 6 months) and heavy fine (of 2% – 5% of the net assets of the convicted person/institution/organisation. A repeat offence is met with double the quanta of sentencing). There is no provision for early release from prison due to ‘good behaviour’. The cases are expeditiously settled.

If the offence is proven in Court, then the complainant is compensated for the loss of his time, energy and money in planning a response, lodging a complaint, making appearance/s in court etc, and for the inconvenience caused, at the offender’s expense.

Even if there are no complaints made, the State is obliged by law to make occasional checks/patrols and take suo moto action if the law is violated.

[ Common sense exception : Only the State or perhaps even a private party may use a loudspeaker only in the interest of public safety or in the case of danger to the life of a person or medical emergency. (Such eventualities would be rare, obviously). The onus of proving that such a condition existed rests upon the party which has committed the technical transgression ].

(b) The unnecessary or excessive (to be objectively and strictly defined in law) sounding of a vehicle’s horn or ‘too loud/raucous note’ type of horns, is prohibited.

Violation entails especially strong sentences /penalties if committed near a health care institution, residential area or school/college.

(c) In public places (including public transport), the following are prohibited –

O

Playing music or [a video with sound] on a mobile phone (or on any other device).

(i.e. -without an earbud/headphone).

O

Playing music or any other program with audio in an automobile (moving or stationary), in such a way as can be heard at high or moderate loudness at a distance of 3 feet or more.

O

Speaking loudly (there should be a legal, objective definition) or laughing loudly, if someone nearby objects.

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Laughing in a lurid or unseemly way, if someone objects.

(Of course this is a subjective matter, but rather common in many parts of India.

The State should make available in the public domain – for public awareness – certain ‘models’ or typical forms of laughter (perhaps recorded from real-life cases or rendered by actors) which should be avoided. A judge would make the decision of whether the laughter constituted a transgression. As proof, a recording by a common person or witness by a policeperson, administration official etc., would be admissible.

This particular provision may sound excessive or even bizarre, but the Law must cover all possibilities; I repeat, at least in India, to maintain a clean and dignified environment, this kind of a law is necessary. At the same time, of course one should have respect and love for the persons who act like that, and if feasible, suggest to them, exhort them to laugh in an innocent, right way.

The ideal laid down in this website is for and not against heartfelt or open laughter and enjoyment, innocent merriment (provided that the same does not disturb someone); it is just that certain ‘extreme’ types of objectionable laughter sounds in public places, should be prevented. Perhaps, some such clips might be uploaded in the future.

O

Being on a phone call longer than 5 minutes, if anyone nearby objects.

O

Singing or clapping, if anyone objects to it. Singing or clapping loudly, even if no one objects. For violation of this law, the penalties are especially severe for men/boys aged 18 to 69.

In all noise-related cases, the objecting/aggrieved person is legally permitted to shoot a video (e.g. on his/her phone) of the person who is breaking the law, or use a ‘sound level meter’/ ‘decibel meter’ or some such app on the phone, as proof. The video may be shot/ a decibel meter used-, even without the knowledge of the person who is potentially breaking the law. He/she is also permitted to share it on social media.

It is considered courtesy but not legally obligatory to convey one’s objection to the offending person before informing the authorities or lodging a case. Because in some cases, the offender might misbehave with the aggrieved, if asked to stop.

Exception : In the above contexts – Shooting a video/photo of a female person is prohibited. But if the female person is accompanying the alleged offender, and taking a video/photo of the man unavoidably includes the former in the video/photo, then that is permitted.

Needless to say, normally it should be legally prohibited to take a photograph or video of a person or record his/her speech without his/her express permission.

Exception: If speaking loudly is necessary for the physical safety of a person or for a few legally pre-defined reasons e.g. if someone’s important documents have caught fire or are getting wet.

(d) Even on a private property –

Causing certain legally pre-defined noises, for example those of mixer-grinder, drilling machines or any kind of motor, water pump, boring machine (e.g. to make a tube-well/borewell) is prohibited except from 9:30 AM to 2 PM; and from 5:30 PM to 9:30 PM.

Only the government-approved, low-noise models/brands of the above appliances are permitted to be used.

A single house or ‘property’ may not cause more than 3 hours of such noise (of all types combined) in a week.

The sound from televisions or music players must not reach other homes/buildings, at any time of the day. If people in those other places object or if on random inspection, municipal workers find out so, then there is spot fine and prosecution and entering the perpetrator’s name as offender in some kind of a police/government record.

Speaking, singing, clapping or laughing loudly in a way that the sound reaches other homes/buildings/properties at an unacceptably loud level (i.e. moderately or severely loud; the term would be legally and objectively defined and measurable), is prohibited.

 From 10 PM to 9 AM, speaking, singing, clapping or laughing in a way that the sound reaches other homes/buildings/properties at any volume i.e. any level of loudness, is prohibited, if anyone else objects or reports to authorities. The reporting person need not be the aggrieved/affected person.

If two properties are closer than 20 (or 10?) metres, then (speaking, singing, clapping or laughing) –loudly, at any time, is prohibited, -if anyone objects or reports to authorities.

The above laws apply in the case of noise made by pets also.

Exception : A person below 6 years of age may talk, sing or laugh as he/she wills, within his/her guardian’s property. For technical transgressions outside the child’s guardian’s property, the parents would be legally responsible. –But the law would be lenient in such cases.

Note :                                          

               Elderly or handicapped persons who live in the absence of any non-elderly adult in the house, are checked on and their well-being enquired upon and served, by State officials &/or a specifically tasked ‘Community Service Group’ (present in each neighbourhood, staffed from among the neighbourhood’s own residents; constituted largely of volunteers/members of the Citizen’s Body, with a salaried head of the group). The Group also sends its members periodically (preferably weekly) to have a chat with (simply socializing, keeping company) or read a book to or escort to a cinema/market, occasionally an out-of-station tour, -such persons.

It also checks on the elderly and children of the neighbourhood – combined with a school program – from time to time, to ensure that no abuse of any kind is taking place.

(contd.) So if a senior citizen is not able to communicate objection to-, or report to the authorities-, a case of noise, then the above parties would serve that purpose, as part of their duties. –Or any common person may report on his/her behalf.

Municipal employees conduct random checks for noise-offences, routinely.

The noise-related laws mention the objective criteria for a sound to be deemed an ‘offence’ – in terms of decibels. Valid measuring devices should be available for use by the State, and also in the market. 

(e) Noise-making ‘crackers’ or fireworks are prohibited.

Their manufacture, retail, transport, export, import etc. are also prohibited. On no day and at no time of the year, are they allowed.

Exception : On a maximum of two days in a year, mild-noise-causing fireworks (like the ones used to celebrate New Year near Sydney Harbour Bridge) (if such fireworks exist at all) (not ‘crackers’ or ‘bombs’) are allowed, but only at least 2 kilometres away from any home/residence, and 3 kilometres from any healthcare- or educational institution or old age home.

-And only till 11:30 pm.

The total duration of such noise (not the duration of the celebration itself) is legally stipulated to not exceed 15 minutes on such a day.

(f) ‘Bands’ or any other kind of live music instrument playing (e.g. on wedding or ‘party’), if the sound reaches anyone nearby and if he/she objects or reports to authorities/police.

(g) Any other kind of ‘noise’ e.g. the beating of thalis/drums etc. is also prohibited.

These Papers believe in cheerfulness and exuberance. –In people of all age groups, especially young ones. At the same time, there should be no disturbance or inconvenience to another person due to avoidable reasons.

Importantly, it is not necessary to cause or experience noise in order to truly enjoy oneself.

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(2) It is prohibited for a person to leave on the lights of his/her house/property/ office/club etc. between 10 pm and 7 am, in a way that disturbs the sleep of-, or otherwise causes inconvenience to any neighbour.

Within these hours, even if the complainant or aggrieved person leaves all his/her windows and doors open and curtains drawn back, there should be no light coming into his/her room from another building/property in a way that disturbs him/her. The complainant (the neighbour) may place his/her bed/baby crib/furniture for sitting wherever in the house he/she wants, but within the above hours, there must be no direct light onto them from another house/property. -If there is, that will be prosecuted.

The State must place street lights in a manner that does not disturb a person’s sleep. There must be no ‘direct light’ onto the bed of a person; diffuse light is permissible, though the State should take care to avoid that. Street lights must have opaque rims/guards or curved mirrors around the bulb (as in a car headlight) to restrict the beam to the street and surrounding ground.

3) Environmental pollution, its different forms, is prevented or minimized by stringent laws.

Wrong kind of plastics are banned.

As much as practicable, non-biodegradable or non-recyclable products are banned. Especially or mostly those which are to be disposed off as waste/garbage after a modest period of time.

Carbon emissions, the carbon footprint is minimised.

Environment friendly sources of power are developed and used as much as possible or reasonable. The solar and wind capacity are developed to a high degree. Electric automobiles are favoured.

Public transport, car-pooling, cycling etc. are encouraged. Perhaps even incentivised.

Carbon capture technologies are practised as much as possible.

However, when directly or indirectly, the defence or ‘critical well-being/health’ of the habitat is concerned, including economic factors, then fossil fuels may be used as much as seems necessary. In such times, the margin of error (if that is the appropriate term) must be in favour of the safety of the habitat, and not the cause of reducing carbon emissions.

That is because if good people leading the right kind of a life, and a good kind of habitat is endangered or destroyed, then goodness itself is endangered or destroyed. Nothing can be worse than that.

Besides, people of an immoral, invasive or brutish character, if they come to control a large economy, would care much less about things like their ‘carbon footprint’.

4) Littering is against the law.

               The habitat is a clean and neat region.

There is efficient and modern garbage/waste management system.

5) There are no stray animals in public places.

The municipality has a special department to prevent it, and remove them if they are present. The animals collected from public places or those without owners, are kept in a special institution and taken care of in terms of nutrition, medical care and comfort. But they should probably be prevented from procreating. So there should be separate living areas for the sexes.

6) Certain activities are legally defined as public nuisance, or a threat to public hygiene and propriety (e.g. spitting, an out of control pet or a pet in an inappropriate place).

7) ‘Loitering’ – to be appropriately defined in law – is a legal offence.

Encroachment upon or occupation of a public place/State property is prohibited.

 Obstruction – even if temporary or partial – of a road or public passage is prohibited.

There are specially designed and legally sanctioned areas / pavements / roadside pleasant spots/stretches where occasional fairs, religious items’ stalls during pujas (which are a beautiful part of Indian culture) are accommodated.

In Europe too, there are Christmas markets or small restaurant tables on one side of a relatively broad pavement (e.g. Geneva, Barcelona?) where gentry folk may sit and watch life pass by.

8) Overconstruction is prohibited.

Private houses i.e. residential buildings are not permitted to be taller than 2 storeys.

It is desirable that most be single storeyed.

No two buildings are closer than 15 metres from each other. For larger buildings or multi-storeyed buildings, the spacing must be at least 20-30 metres. The larger a building, the more space must it have around it. (-Except two buildings of a hospital or school or the same household).

Highrise buildings (i.e. 5 storeyed or higher) are permitted only in the main commercial area of a city, and that too, for a city of population one hundred thousand, there must not be more than 5 or 10 highrises, by law. For a pop. of five hundred thousand, about 20 highrises, placed sufficiently far away from one another. They should be aesthetically, tastefully architectured. -Or of the classic plain, white appearance.

No building is permitted to be taller than 20 storeys, preferably 10 storeys. There must be no more than two or three buildings taller than 10 storeys, in a city with population less than 1 million.

In cities with more than 5 hundred thousand population, highrise buildings are permitted in one other location, in addition to the ‘main commercial area’. But the total number of such buildings for the city must remain the same.

Here, there is another consideration : it may be that a single twenty storeyed building, not too broad – with shops in the lower few floors and offices in higher levels – may leave more open spaces, unobstructed views in most directions and natural environs, than five four-storeyed buildings in the same locale. Whatever is more natural, on the whole, should be followed.

9) There is no overpopulation.

There is a population control law.

There are also laws, and strong incentives and deterrents to prevent population reduction to an insufficient level.

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10) There is freedom of speech.

This is one of the most important values, ‘natural moral principles’ of the habitat.

It is enshrined in Law and the Constitution.

Except where there is a proven incitement to violence, or possibility of harm to innocent people (e.g. the proverbial ‘Crying “Fire!” in a crowded cinema hall’ falsely), or libel/defamation, or improper language (i.e. scurrilous/abusive or indecent).

‘Incitement to violence’ and ‘possibility of harm to innocent people’ must be objectively defined in law, i.e. in terms of what acts or language constitute the same. The words uttered by the ‘accused’ must be of an explicit nature, and must not be amenable to be reasonably explained as meaning and intended to be anything other than a call to violence or purposively/knowingly causing harm to an innocent person.

The critical factor necessary for bringing charges and for conviction, here, is : meaning harm. i.e. ‘mens rea’ (guilty mind).

The critical factor necessary for the government in preventing/banning/prohibiting any kind of speech or expression, is : direct call to violence. –Or impropriety e.g. abusive or indecent language or graphic/textual content or pornography.

The onus to prove (i.e. the ‘burden of proof’) harmful intention i.e. ‘guilty mind’, rests with the government i.e. the prosecution or accuser.

Vague interpretation or extrapolation of these terms by the government, judiciary or police, is strictly prohibited by the Constitution. That itself is a serious legal offence, which if proven, is likely to result in loss of any prospect of promotion, possible loss of job and pension, and even 1-3 years of prison sentence for the State official/employee concerned.

Pre-emptive bans are prohibited, except in special circumstances (which would probably be rare). The guiding principles for what constitutes such a circumstance, are laid down in the Constitution. Such bans must be intimated to the judiciary upon issuance, and justified before a Court soon after. If the court finds the reasons insufficient, it may censure the minister/official or sentence him/her to a prison term of 3 weeks to 2 months. 3 such [censures or terms] would automatically disqualify the person from any future government office/contract etc.

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‘True criticism’ is something that is done with a constructive purpose, with respect, politeness, and goodwill for the person whose conduct/belief the criticism is about. It is done while being caring for the feelings/sensitivity of the person.

It is done in an innocent mind. A good-hearted way.

Its sole purpose is to see something as ‘better than before’. – The desire for good.

It should be based on morality, facts and logic.

‘Personal comments’ (i.e. of the wrong kind) should be avoided and it is the act, idea or quality that should be analysed.

As this author’s father once said when the author was a child, criticism should mention both the good qualities and the errors/shortcomings about something, and should present the whole, balanced picture. But practically it is time-consuming or unnecessary to always do that. –While the mention of errors is necessary for their correction.

True criticism is a sign of care. It is often one’s duty toward one’s fellow human being. It should be welcomed.

___________

NOTE :    The conditions stated in ‘Section C’ of this Paper and certain other sections in other Papers (e.g. Paper Economic) are ‘ESSENTIAL TENETS’ of the October Paper (the belief-system). Therefore, as such, they are/must be ensured by ‘ESSENTIAL CONSTITUTIONAL FEATURES’ of an Ideal Habitat. Meaning, these particular constitutional features CANNOT BE AMENDED. – By any majority of the legislature or any emergency provision. The polity and the System of the Habitat must itself come to an end in order for these TENETS and these FEATURES to be transgressed.

Which of course would be attempted to be averted, by all efforts, by the right-minded people of the Habitat. 

~

(D)

                 What kind of fellow inhabitants one has is very important in one’s quality of life. It is one of the most important things affecting one’s overall quality of life.

–Even some significant aspects of one’s home and family life are in effect, directly or indirectly, affected by it often. They need not be-, we should not let them be affected by negative external factors. But those negative external factors mostly act as a ‘pressure’ upon a good personal and home life. They ‘tend to’ reduce or spoil good times – innocent and well-deserved experiences. -Sometimes psychologically and avoidably, and sometimes materially and unavoidably.

                 In a habitat where a majority of the people is not right-minded, even if the right laws or Constitutional provisions exist, they would simply not be implemented.

                 In the modern age, democracy has also all too often degenerated into majoritarianism, with no regard for or compliance with morality or justice.  It has been seen that certain laws or functionaries in many ‘democratic’ systems go against the very Idea of Civilization. -i.e. The Cause of Civilization.

                Sometimes, they go against the concept of equality and fairness for all citizens. (-While proclaiming ‘equality’).

                Political leaders might wrongly cater to the will of the majority. This is an inherent weakness of ‘democracy’.

                What do you do when a government simply refuses to enforce the law (-to save themselves the effort, or for ideological reasons, or as a favour to the majority/a minority ‘voting bloc’); and the judiciary and the media are simply not interested, and the military and police would conveniently just follow orders. –Though this author agrees : Democracy is the best and safest of all the imperfect forms of government we know of.

                Nonetheless, these are problems that must be solved. They have caused and will continue to cause terrible harm to human beings, to innocent and good people. Their solution is practically achievable, too. 

               (Continuing-) Sometimes, there exists rule by an oligarchy neglecting the wishes and good of the righteous majority.

               Often, it is the absence of awareness/foresight in-, or indifference of the majority – who were nevertheless not immoral – which allows a serious problem to come into existence.

                Where a majority of the people are not cultured (said with respect), the mass media, the State and one’s neighbours would simply not be interested in demanding /making the right kind of entertainment programs, news articles or documentaries. The State would not be making the right kind of public expenditures for example meaningful, massive and diligently pursued technological research programs, preventing over-construction and overpopulation, preventing noise and public nuisance, building public libraries, funding and arranging cultural programs and exhibitions, museums, art galleries and science parks.

                With all respect, unfortunately, often many or most of the people do not have a true ‘sense of society’ or dreams.

~ ~ ~

                There is probably no assured ‘mathematical’ solution or ‘static’ mechanism to prevent this kind of a dysfunctional democracy or ‘failed civilization’. -No watertight law or constitutional provision which would perpetually protect against this. (Because a wrong-headed or indifferent government or majority would simply ignore them).

                 Besides, to negate/counteract good laws, new harmful laws may be enacted. Some of them, perhaps out of vested interests.

                 The only solution is moral thinking, -contemplation. Determining for oneself, each one of us, what is right, desirable, what needs to be done.

What is just, and what is unfair to someone else.

                  Observing, caring.

–about actual human lives. –their well-being, safety and dignity. –All these things are precious and have a sanctity. They should not be damaged.

–Even by mistake or due to want of awareness.

In many cases, mistakes, ‘wrong-headedness’ or indulgence in dogma cause as much harm as malevolence or neglect. One should be ‘scrutinizing’ about certain mentalities of one’s own, from time to time, verifying the possible consequences/ramifications of one’s own positions/deeds.

-Or whether there is some sub-conscious/’self-serving’ purpose behind one’s positions/actions. –Even if that purpose is abstract or related to (undesirable kind of) emotions, and not material gains. This is essential. –For practical reasons.

If it is found there isn’t, then good.

                Secondly, education. Guidance from elders and teachers.

-From peers. Cultivating in oneself and suggesting to others morality and culture. The right upbringing of children – generally, not only from the nation-building point of view.

Kindling or raising emotions.

~

                People should have freedom and rights.

                Of course.

                 A habitat should have so much freedom that it is possible for people to stop being conscious of-, to forget that there is the ‘concept of freedom’. Because it is the natural state in the land.

                 But it is essential to understand that these are not end-goals.

Their role is only to let people pursue their happiness, and live their happiness, without external obstructions or disruptions.

Freedom is not the only thing that ‘enables’ well-being (sukh). Another very important thing is self-discipline. -Knowing what ‘rules’ to follow in different conditions/tasks in life, and having the good sense and self-control to actually apply them for oneself.

– And a reasonable degree of virtue, without which a life may have pleasures and ‘wins’, but no true happiness. 

The end-goal in terms of individual human development and social condition, is not the ability to exercise one’s free will. It should be obvious that it is a neutral term that promises no good, and specifies nothing bad either.

It is enlightened mentality that should be the aim.

When a person’s will, his/her free will, is enlightened will. When a person’s own thoughts, original thoughts, are good thoughts.

(-and perhaps also some thoughts he has known, felt, and adopted. -Coming from some other sources. It is of course good and very desirable to adopt good thoughts/ideas, -that they become one’s own. Of course they are ‘one’s own’ even the ‘sources’ – if they are good).

-And a habitat, a human and material environment that is compatible with the above.

~

                     If only freedoms and rights have been achieved, then much of the actual work still remains to be done. Much of the critical elements of a ‘desirable world’ is still wanting. And that is to have a populace a vast majority of which is civilised, ethical, reasonably cultured, and reasonably hard-working. 

                    They should have the desire to preserve and perpetuate their society and culture.

                    They should also have the necessary practical ideas, knowledge and qualities.

                    This has to be a long-term and ‘ongoing’ program.

                    And this has to be combined with the (simultaneous) efforts to pass the right kind of laws, constitutional provisions, and to bring about the right system of governance. -Establish/acquire and run the right kind of institutions.

Once such a ‘system’ is establishment (pratishtha), it would be a matter of maintenance. –Which again has to be an ongoing and devoted effort. But one would be living in the bliss of an ideal world. Or ‘in that region’.

~

                 The political system in the habitat should be that of a parliamentary democracy based on a Constitution and laws that safeguard and promote the right system.

                 Just holding elections, having representatives, universal adult franchise etc., are parts of the political system, but not the aim of it. They are not achievements or a necessary agent of good, in themselves.

                 Let a saying be remembered : The people make the place.

-Not just an assiduously prepared Code (e.g. the constitution of the Weimar Republic) or beautiful townscapes, a developed infrastructure and industries, a rich economy and people. All these things would crumble and collapse without the right mindset, the right character in the people.

And if the people have the right culture in them, loving families and upright individuals exist, then even after disasters, these things would be rebuilt naturally.

And the good habitat and society would outlive the challenges, and go on forever.