The Tribune, Chandigarh, India

EDITORIALS

Violation of human rights

NATIONAL Human Rights Commission Chairman Justice J. S. Verma, who completes his term in office today, has not let out an official secret by saying that the State is responsible for the maximum cases of human rights violations. The issue was bound to be raised in the context of the arrest without reason of journalists Iftikhar Gilani of Kashmir Times and Kumar Badal of the controversial tehelka.com. Both were released last week. Gilani had to endure police torture during the seven months he spent in jail on the trumped up charge of violating the provisions of the Official Secrets Act before the Centre decided to drop the case against him. Kumar Badal had to spend six months in jail for the alleged crime of poaching. His bail plea went right up to the Supreme Court that expressed its displeasure in no uncertain terms at the seeming indifference of the lower judiciary in granting him bail. Justice Verma, who is a former Chief Justice of India, saw a striking similarity between the ISRO scientist’s case and that of Gilani. Senior space scientist S. Nambi Narayanan had filed a Rs 10 million suit against the Kerala government and 11 others for the “mental and physical torture” inflicted on him in the bogus Indian Space Research Organisation spy case. Two Maldivian women, who too were implicated, sued the State for Rs 100 million as compensation. India has yet to reach the level of concern for human rights violations that the western societies have attained. Otherwise the Indian scientist and the Maldivian women may have got what they had demanded as damages from the State. The scientist was given Rs 10 lakh as compensation for enduring unspeakable mental agony and physical torture at the hands of those who are supposed to protect the rights of ordinary citizens as enshrined in the Constitution.

The USA has turned human rights violations as an instrument for the harassment of those who refuse to be its pal. That is why the continued violation of the rights of the people of Iraq to health, food and security has never attracted a word of sympathy from the self-appointed global policeman and peacekeeper. But India’s respect for individuals’ right to absolute freedom, with reasonable restrictions, was recognised by the framers of the country’s Constitution. Mr Justice Verma’s observation that the State is the greatest violator of human rights in the country needs to be seen in correct perspective to avoid the obvious pitfall of branding the Indian State per se as the perpetrator of crimes against humanity. Barring aberrations from time to time, by and large repression of the rights of individuals is not a part of State policy. What happens in most cases, as is clear from the ISRO spy case and the harassment of Gilani, is that the instruments of the State abuse the authority vested in them. The powers that the police enjoys for protecting civil society are in most cases abused for “showing results" or for settling personal scores. But in a democracy the buck stops at the desk of the political authority that has often failed to protect its citizens from the unjustified wrath of its law-enforcers and other agencies. For this reason alone the political leadership cannot duck responsibility by pointing an accusing finger at its police force and investigation agencies in the event of violation of human rights of individuals or groups of individuals.

The UTI bifurcation

THE Unit Trust of India was finally split into two entities on Wednesday. The UTI-I will manage the assured returns schemes of the parent and remain under government control. An administrator will be appointed to run it. The UTI-II will look after the NAV-based schemes and function in accordance with the SEBI (Securities and Exchange Board of India) regulations, which means it will become more transparent and will have to make public all information in the interests of its investors. Four institutions — the Life Insurance Corporation of India, Punjab National Bank, the Bank of Baroda and the State Bank of India — have pooled in Rs 2.5 crore each to take over the UTI-II schemes. Though initially the UTI-II will remain under the control of the four sponsoring institutions and its operations will be managed by a professional management, it will be privatised at a later stage. What do these developments mean for the common investors of the erstwhile UTI? The immediate concern of most investors of the flagship scheme US-64, of course, is whether to seek redemption at the rate of Rs12 per unit in May this year. There is no other better option than this since the NAV of the US-64 stands at Rs 6.25 per unit. The two crore US-64 unit holders were taken by surprise in July, 2001, when the UTI management suddenly suspended the sale and repurchase of the units following heavy losses in the stock market. To pacify the agitated investors, the government then promised to buy back up to 5,000 units in May, 2003, at the rate of Rs 12 per unit.

Since a huge amount is required for the purchase of units, the UTI may have to liquidate its stock holdings, which in turn may unsettle the stock markets. The government has already put in Rs 5,522 crore into the US-64 scheme. A financial daily estimates that some Rs 15,000 crore is needed to bridge the gap between the NAV and the assured redemption price of the various monthly income plans and meet the obligations of the US-64. This large-scale financial mismanagement and the government cover-up have come under sharp criticism from various quarters, particularly farmers. The financial interests of a section of the urban middle class have been protected, while the cries for relief of the drought-hit in most states have gone unheard. There are reports that the Finance Ministry is working out ways to create a secondary market for the US-64, which means its units can be traded on stock exchanges. This is aimed at easing the sudden redemption pressure in May. It is also feared that due to a conflict of interests the four institutions sponsoring the UTI-II may exploit the latter to promote their own mutual funds. The obvious lesson from the UTI fiasco is that the government should not dabble in any kind of trading and business as its officials have no personal stakes in the success or failure of the ventures they run. Their jobs remain safe and acts of financial bungling go unpunished. The JPC report into the 2001 stock scam has proved this. But the tax-payers’ money is wasted recklessly.

FRANKLY SPEAKING

Governors and governance
Presidential form can remedy the situation
HARI JAISINGH

PRIME Minister Atal Behari Vajpayee raised a vital issue at the concluding session of the two-day Governors' conference in New Delhi the other day, probably without realising the implications of what he suggested. He said that all Governors must play "a pro-active role" with a total sense of partnership. He felt that the Governors could become full-fledged participants in the development process.

The Prime Minister is a well -meaning development-oriented person. But he does not seem to realise that "a pro-active Governor" could create more problems than he is able to solve in today's factionalised and fractionalised polity.

The office of Governor has become a politicised slot. An enlightened person can make a difference in that position, but is this feasible? No elected Chief Minister would like the Governor to act as a parallel authority. He has certain discretionary powers under the Constitution in case there is a breakdown of the constitutional machinery in the state. But in the normal course he has to be on his guard and be careful about his moves and counter-moves lest he or she gets exposed publicly.

A pro-active Governor can create an embarrassing situation if his political credentials are at variance with the party in power. As it is, there have been problems with regard to politically committed persons as Governors ruled by a different political party.

Then, the Governor is often seen as an agent of the Centre which makes him invariably a suspect and vulnerable politically.

To say this is not to deny that some Governors are active politically and pursue their own agenda. Is this desirable? Unfortunately, logic and rational thinking hardly work in Indian politics.

Time has come to review some of the most sensitive issues afresh in the larger context of making India functionally efficient, politically transparent and competitive in today's globalised environment. As things stand, distortions are visible the way Governors function.

Take, for instance, the role of Governors as chancellors of universities. Though this ex-officio position is normally seen as a decorative slot, there are reports of undue interference by Governors in sensitive academic matters.

Then there is a larger issue of criteria which ought to be followed in selecting right persons as Governors so as not to induct discarded and discredited politicians as part of the politics of adjustment. We must opt for persons who are judicious, fair and objective and have the ability to work in harmony with the state establishment, particularly in development and related public interest areas.

We need to think beyond the existing framework evolved by the founding fathers of the Constitution. India does need a new dynamic system. Of course, the Constitution alone does not make or mar a nation's destiny. But as a live document, it could make a difference not only in setting democratic standards but also in giving a definite direction to the growth of the polity.

In the first place, we should explore the possibility of evolving a national consensus on the nature and range of constitutional changes.

Second, we must dispassionately examine the viability of the parliamentary system vis-a-vis the presidential form of government in the light of the nation's experience during the past 52 years. Though the existing system can be defended by various arguments, the key factors of stability, individual liberties, faster growth and equitable justice cannot be ignored.

Third, we ought to look afresh at the decentralisation of powers right to the lowest level of village panchayats which alone can guarantee the growth of democracy with stability and allround development.

Fourth, along with the presidential system, we should examine the desirability of having an elected Governor who will hold office for a fixed term without any fear of his removal during that term, except by impeachment for acts of "moral delinquency".

These propositions, though both basic and suggestive in nature, are in themselves quite radical which, if adopted, would require a total overhaul of the existing constitutional framework.

Reforms of the party system and of legislatures are vital for improving the quality of democracy as well as that of the people's representatives. The quality of MPs and MLAs can only be improved by state funding of elections and shutting the doors of legislative chambers to persons of doubtful integrity and those with criminal records.

It is also imperative to fix the minimum educational qualification for those contesting elections, even for local bodies. For, the competence of governmental functioning depends upon enlightened legislators. As Aristotle put it, "As the physicians ought to be judged by their peers...... Now does not this same principle apply to elections? For a right election can only be made by those who have knowledge...."

In this context, we should provide for mid-term recall of representatives of the people if either their performance is disappointing or conduct unethical. This can help to check the legislators' wayward conduct.

The most critical area in constitutional reforms is the distribution of powers, especially the strengthening of panchayats and local self-government. Here I would like to go along with B.K. Nehru's broad objective as were spelt out by him in his S. Ranganathan memorial lecture delivered in New Delhi on January 12, 1992. Among the objectives, he wanted to "ensure that local problems are settled and local development takes place, not in accordance with the wishes of the state legislature or even Parliament itself, but according to the wishes of the people of the locality, in so naturally as their wishes, desires and actions do not come into conflict with the interests of the people of other localities."

The existing anomalies can be corrected by looking afresh at the whole gamut of power sharing not only between the Centre and the states but also between the states and local bodies. Even the Rajya Sabha has to be evolved as a more genuine council of states. We need to discard those constitutional provisions that do not strengthen democracy at the grassroots level.

I am personally in favour of adopting the presidential form of government with duly elected Governors in the states on the US pattern and the strengthening of grassroots democracy.

We ought to re-examine the whole issue dispassionately and objectively and not under the shadow of the 1975-77 Emergency or misplaced fears of the saffron brigade. We must see everything on the touchstone of national interests rather than in a narrow partisan manner. In the prevailing constitutional provisions, we find considerable duplication of efforts and waste of public resources which the country can ill-afford.

The experience of the past five decades of the parliamentary system of governance suggests that we must find new ways and means to come out of the present mess and rationalise the system of governance. Here stress has to be on quality, efficiency and talent. The idea is to serve the people purposefully and speedily.

What is being suggested does not mean the rule by autocracy. Even the presidential system under which state Governors are elected have to be subjected to the process of checks and balances so that they remain constantly transparent and accountable.

We don't have to blindly adopt the American model of governance. We can evolve our own system with swadeshi touches, keeping in view the hopes and aspirations of the people. As it is, the way some governments function these days, they give an impression that they are being run on the strength of money and muscle power, for money and muscle power and by money and muscle power.

Those who are better-informed know what is what and what goes on behind the ruling coterie. The average citizen has probably no idea about who is behind whom.

The problem in today's governance is that there is no element of fear of law. Decent persons dare not question the operations of the ruling clique, however undesirable, and express their reservations. Intolerance of the voices of dissent and muzzling of all those who refuse to toe the line set by the ruling dispensation seem to be becoming the order of the day. The writing on the wall is clear, at least in a couple of states. We must reverse the drift in governance and further strengthen the spirit of democracy.

OPINION

Is the change in Kabul India’s success story?
M.S.N. Menon

AFGHANISTAN, it is claimed, is India’s foreign policy success. Perhaps. But it is too early to announce it. There are too many if’s and but’s in the Afghan situation. Afghanistan is a “sad, sad country.” It has been in a state of crisis for a very long time. Warlords, refugees (1.7 million) and narcotic trade — these can yet bring the country to ruin.

It was wrong on the part of Moscow to promote a Marxist regime in a wild tribal country. The Soviet invasion was even worse. But the worst thing to do was to surrender the Afghans to their fate and to the mujahideen. Was Moscow reconciled to a Taliban regime in Kabul? Why did Delhi agree? India and Russia must work out a long-term plan for Afghanistan. The independence of that country must be preserved.

Pakistan had clear objectives. It wanted to impose a puppet regime on Kabul, to bring about a confederation of Pakistan and Afghanistan, to prevent a renewal of the demand for Pashtoonistan and to gain strategic depth. Even the Taliban was not prepared to concede these. In fact, they refused to renew the treaty on the Durand Line, which expired in 1993. True, India could not have mobilised Iran, which was going through the paroxysm of a revolution. But one is unable to make out Iran’s policy towards Pakistan.

The Taliban set out to create the “purest Islamic state” in the world. It created the worst Islamic state in the world. Nemesis, naturally, struck. As a result, most of the cities are today in rubble with no water or electricity. This should be an object lesson for the fundamentalists who still hanker after the “pure” Islamic state.

After two years of futile diplomacy, the veteran diplomat Brahimi resigned from his UN job. He said that two neighbours of Afghanistan were making a dangerous situation worse. Kabul’s neighbours have since pledged not to interfere in the internal affairs of Afghanistan. But will they keep their word? Pakistan has already brought back Gulbuddin Hekmatyar, the bin Laden of the eighties. Some mischief is surely afoot.

India made up for its failures by backing the Northern Alliance. If it (the Northern Alliance) was able to hold on to the northern territory, it was largely because of India’s support. This has given India enormous goodwill. But can India expect this goodwill to last? This is by no means certain. We must be prepared for the worst.

Pakistan has not yet been able to open its embassy in Kabul. It is very unhappy at the growing influence of India in Kabul. It wants to make the Indian presence irrelevant. It is unfortunate that America seems to support Pakistan. It had the gumption to ask India to lower its posture in Kabul!

The future is full of uncertainties for Pakistan too. There are some factors which can be almost decisive. For instance, at no time hatred of Pakistan ran so high in Afghanistan. It has almost united all the Afghans. They can never forgive Pakistan for having imposed the hated Taliban on them. Women have a horrible memory of the Taliban days. But, after having said this, one must give way to the interests of the state. That is what will worry friends of Kabul.

India is not in a position to shape the future of Afghanistan. But it can build a substantial influence. It has already undertaken the training of law and order forces as also of the army. Afghanistan proposes to have an army of one lakh men. But when these are taken together with social and economic cooperation, India’s links will indeed be very strong.

Sadly, the Tokyo commitment of the rich nations to give $4.5 billion to Afghanistan is taking a long time to materialise. In fact, one expected the USA to mount a Marshall Plan for Afghanistan. In its absence, India is doing its best. Afghan Education Minister Younis Qanooni says “India is one of the countries that kept their pledge and helped us directly. It is visible and it is felt.”

Before 1980, India was engaged in a number of economic and social projects like rural electrification, irrigation, small-scale industries, etc in Afghanistan. These projects were given up during the Taliban years. They are being completed now. Today India is able to offer advanced technologies. But India has put most of its eggs in the northern basket. Afghanistan is a country of Pashtuns. They are in a substantial majority. And we have no presence either in the south (Kandahar) or the East, where the Pashtuns live. India is trying to correct this neglect. It has offered a cold storage to Kandahar. This will stop the exploitation of local fruit farmers by Pakistani traders. More such projects are needed. But, then, it depends on how safe these regions are for aid workers.

Pakistan is not without influence among the Pashtuns of Afghanistan. But one can never say how the Pashtuns on both sides of the Durand Line will behave in the years to come. If they decide to carve out an independent Pashtoonistan, this will seriously affect the integrity of Pakistan with the Sindhis and Baluchis in revolt against Punjabi rule. But in spite of everything, there has not been a demand for a breakup of Afghanistan.

The Pashtuns of North West Frontier (Pakistan) have just voted for the Taliban elements. They are thus in a position to interfere in the internal affairs of Afghanistan. What course they will take in the future will depend on America. If America withdraws from Afghanistan, the Taliban forces in Pakistan will move into Afghanistan. And all that the USA, the UN and the international community did to save Afghanistan will have gone in vain. It would be criminal to let this happen.

The Indian presence in Afghanistan is very visible. Indian buses ply in many parts of Afghanistan. India has put two A-300 Airbus planes at the disposal of Kabul for transporting pilgrims to Mecca. The Indira Gandhi Children’s Hospital has been re-fitted and improved. Kabul’s premier school — Habibia High School (where Karzai had his education) has been re-opened. The Salma Hydel Project will soon be taken up. Apart from the $100-million grant, India has made a free gift of one million tonnes of wheat over a five-year period.

But Kabul needs a massive international assistance. No less is the need of Pakistan for assistance. Thus, I strongly believe that whatever may be the risk involved in having oil gas pipelines through Pakistan, the world must pursue this objective. It is cheaper to construct and cheap to maintain. What is more, Iran is ready to reduce the cost to make it extremely attractive. The strategy should be: involve as many nations and MNCs in the project as possible to deter the mischief makers and create an economic interest for all. The entire region must be saved from the Jehadis.

MIDDLE

Nose prose
Chetana Vaishnavi

I am not the nosey parker kind, but I have a nose for people who constantly flaunt their nose in the air. Even though I do not wish to poke my nose into anybody’s affairs, and I really wish to keep my nose clean, I end up getting a bloody nose.

Just today for instance, I found a highly educated person picking her nose. If it were just that, I would make no attempt to look down my nose at her. However, the elite one after picking her nose started fingering her mouth. A cold shiver passed through my spine, while she again started picking her nose, right under my very nose! Now I thought it was just the right time to thumb her nose: “Go and powder your nose and while you do that don’t forget to wash your hands with soap.” She was shocked at my audacity, but soon followed her nose! Now I hope that the next time when her finger unwittingly goes to her nose she will remember how she had to pay through her nose for it.

A few years back I remember how hard I bit my lips after I cut off my nose to spite someone’s face. We were living in a rented building with a few other tenants. One cold winter evening I happened to be standing in the corridors of our house when I found somebody coming from outside and parking his scooter close by. As soon as he accomplished this, he came close to the hedge and blew his running nose over it. That blew off my steam-cap and I decided to turn up my nose at the situation. I breathed out a volley of abuse. The person immediately looked up at me and greeted me with great respect. I was flabbergasted and wished I had a nose for recognising people because I had put the visitor’s nose out of joint. I should have been further than the end of my own nose because he turned out to be a family friend.

Now it is plain as the nose on our face that one must not look down one’s nose at anyone. Bosses have the privilege of keeping their subordinates’ nose to the grindstone as it takes no skin off the former’s nose! But who will dare to rub his nose in it?

Recently I read hilarious episode in a magazine. A woman who had a stuffy nose had to attend a party one cold evening. Before leaving for the party she had stuffed three pieces of tissue paper, one in each sleeve and the third one in her blouse. During the party when she had used up the two at her sleeves she was frantically trying to retrieve the third one, but was unable to do so. She looked with teary eyes at her husband who was watching her worriedly and told him, looking down. “I had three when I left!”

I swear that was a real nose-dive!