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Profile
Reflections Diversities — Delhi Letter Kashmir Diary
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Need for a more humane method of execution THE execution of Dhananjay Chaterjee has shocked the liberal conscience of the urban middle classes. What has engaged the people’s attention has been the “method” or “humaneness” of capital punishment instead of the real issue in question. In the first place, is it desirable to resort to such an extreme form of punishment? Dhananjay, executed for raping and murdering a minor, had to languish in the jail for a good 14 years, before meeting his fate. Since he had already served a major part of his life behind bars, he could have been spared hanging, it is argued by some sections. While it may sound logical and rationale, a civil society that is still governed by antiquated laws could hardly have acquitted itself more rationally. Intriguingly, the very liberal intelligentsia has paid little attention to the elaborate report of the Law Commission (headed by Justice Jagannadha Rao) on the subject. This report has comprehensively dealt with various methods of execution presently in operation in many countries. Several civil rights groups, NGOs and others have given their views on the issue. The report carries these viewpoints in detail instead of presenting an alternative agenda or action plan. The report does not offer a firm opinion on capital punishment. As most jails are overcrowded, human rights are violated. While death rows are crammed with varying aspects of inhumanity, the report says that over 80 per cent of judges are in favour of using lethal injections as an “additional” method of execution. In essence, the Commission proposes an amendment to Section 345 (5) of the Criminal Procedure Code, which says that when a person is sentenced to death, he shall be executed by hanging by the neck till he dies. Next to shooting, death by lethal injection is the “best” alternative mode to the existing method of using the rope. While the Law Ministry mulls over the issue, the need for capital punishment should be considered afresh as most culprits belong to the indigent sections, still untouched by the nuances of a liberal order based on a well-defined rule of law. If examined closely, this too seems a facile assumption. After all, crimes like rape are on the rise even among affluent sections. Better education and greater access to the mass media have not helped in evolving a more humane perspective. It should be examined why Dhananjay (or Shohit, a convict who is awaiting his last call in Bihar’s Bhagalpur jail) must be seen as exceptions rather than the rule in a flawed system, cut off from genuine egalitarianism and democratic ethos. At another level, it is felt that in a country where the general rate of conviction is woefully poor and most crimes go unreported, institutions such as the Law Commission serve at best as sounding boards. The existing method does not carry mass sanction. According to the report, 73 per cent supported lethal injections, 10 per cent electric chair and about 5 per cent were of the view that the convict being shot dead by a firing squad was the best mode of execution. The report says that 89 per cent people are in favour of an amendment to Section 354 (5) of the Code of Criminal Procedure, 1973, for providing other modes of execution of death sentence. It states that while 51 per cent wanted hanging of the convict in a public place, 49 per cent wanted it in the prison itself. On the question whether discretion should be given to the court on an alternative mode of execution of death sentence, 62 per cent opposed it. Interestingly, 70 per cent wanted the convict to be given the right to choose the method of execution. The report says that 83 per cent wanted a statutory right to appeal to the Supreme Court if the death sentence awarded by the trial court is confirmed by the High Court. It observes that 99 per cent felt that in the Supreme Court, cases relating to the death sentence should be heard and decided by at least a 5-member Bench. Among them, 47 per cent are in favour of applying a rule of simple majority, 33 per cent wanted two-thirds majority, and 20 per cent a unanimous verdict. In the Bachan Singh vs the State of Punjab (1982) 3 SCC 25, the Supreme Court had observed that physical pain and suffering, which the execution of the sentence of death entails, is no less cruel and inhuman. The Commission, therefore, undertook a study to provide a humane mode of execution. Accordingly, the Law Commission, which has circulated a Consultation Paper on this issue, considered various modes of execution of death sentence prevailing worldwide. The Law Commission has now recommended that Section 354 (5) of the Criminal Procedure Code, 1973, be amended by providing an alternative mode of execution by lethal injection until the accused is dead. It will be in the discretion of the Judge to pass an appropriate order regarding the mode of execution. The convict shall, of course, be heard on this before such discretion is exercised. The Commission is of the view that administering the lethal injection should be provided as an alternative mode along with the existing mode of execution of death sentence of “hanging by neck till death” as provided in Section 354 (5) of the Criminal Procedure Code, 1973. It may not be appropriate at this juncture to wipe out altogether the present mode of “hanging by neck till death”. It can be argued that while retaining this method, an alternative mode of execution by lethal injection may be introduced in the statute. While the Union Government would take time to examine the Law Commission report, there is need for a fresh look at some of the outdated legal practices which are inhuman and barbaric. It is time the present method of hanging of a condemned prisoner by rope was abolished and replaced by a more scientific and humane
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On Record Excerpts: Q: The process of restructuring Delhi and Mumbai airports has started despite opposition from the Left over the proposed hike in FDI. Would this in any way affect the relationship of allies in the UPA? A: The process of restructuring of the two airports was approved in September, 2003. To address the concerns of the Left and to protect the interest of employees, we have decided to increase the compulsory deputation period of employees to the JV Company from two to three years. The JV Company must absorb a minimum of 40 per cent of employees; this will be made compulsory for the bidders to submit a human resource package showing a higher percentage of absorption, which shall form one of the evaluation parameters for the bidders. Q: What about disinvestment in Air-India and Indian Airlines? A: We have no such plan now. These national carriers have played an important role in developing civil aviation. We are in favour of strengthening them to help them operate more effectively in a competitive environment. Q: Any plans to further strengthen the public sector airlines, specially Indian Airlines which has after years of struggle managed to wipe off the red and is looking at achieving profits? A:
Indian Airlines has shown improved performance in the recent past. During the first quarter ending June, 2004, it has earned a net profit of Rs 5.95 crore. The government is conscious of the need to further strengthen it to compete effectively in the aviation market. For this purpose, we have taken the following steps: «Fresh equity infusion of Rs 325 crore in the Indian Airlines is being actively pursued. This is in accordance with the recommendations of the Kelkar Committee (1996). «The Government is actively considering budgetary support to Indian Airlines to meet the liabilities incurred by it due to the merger of Vayudoot with Indian Airlines in 1993. «The Indian Airlines is in the process of inducting aircraft on dry lease basis to replace the aging aircraft in its fleet. In all, 14 A-320 aircraft have been inducted in the past three-and-a-half years. «The proposal to acquire 43 new aircraft is also under active consideration. Q: There is great demand from all the airlines within the country to reduce the aviation turbine fuel (ATF) and tax rates further to make air travel more affordable. What are the steps being taken in this regard? A: ATF is a major cost component for the domestic airlines. It is estimated that the cost of ATF works out to 30 per cent of the operating cost. There has been a surge in ATF prices in the past three years in general and in the past 7-8 months specifically. While much of this rise in prices can be attributed to the hardening of prices in the international market, high rate of sales tax levied by the state governments also contributes significantly to the high prices. The average rate of sales tax on ATF is about 25 per cent. My Ministry has requested the Finance Ministry to notify ATF as declared goods in the Central Sales Tax Act so that the sales tax on ATF could be kept at 4 per cent. Presently, this provision is applicable only to turbo-prop aircraft. The present rate of central excise duty on ATF is 8 per cent. Q: With low budget airlines coming in for operations, where is the civil aviation sector in the country headed for? Would these airlines be successful and not end up as some of the private airlines did when the domestic civil aviation sector was opened up for the private sector initially? A: For a vast country like ours, the regional air connectivity is still very low. Air travel is still confined to a very small segment of the population. Therefore, there is a vast scope for expansion of civil aviation in the country in which low cost carriers will play an important role. The new civil aviation policy under consideration will address this issue suitably. Q: Some private sector airlines shirk from social responsibility like carrying body bags specially of our soldiers fighting on the country’s borders; they don’t transport the injured. Is it just the responsibility of the public sector airlines to carry out social obligations while the private airlines rake in the profits? A: No such incident has been brought to the notice of my Ministry. However, we are fully aware of the need to equally spread social obligations among all the scheduled operators. The DGCA has formulated Route Dispersal guidelines which require all operators to deploy in Category II routes at least 10 per cent of the capacity deployed by them on routes in Category I and out of this capacity to be deployed on Category II routes. At least 10 per cent should be deployed on services operated exclusively in the North East, Jammu and Kashmir, Andaman and Nicobar Islands and Lakshadweep. The operators are also required to deploy in Category III routes at least 50 per cent of the capacity deployed on routes in Category I. Category I routes are trunk routes connecting the major metros and are, therefore, profitable whereas Category II and Category III routes are considered to be non-profitable routes. Q: Barring a few airports, the available infrastructure facilities are underutilised at most airports. What is the Ministry doing to ensure proper utilisation of these resources? A: There are 97 airports under the control of the Airports Authority of India (AAI), of which 35 are non-operational. There are 29 civil enclaves under the AAI’s control at Defence airports out of which scheduled fights are being operated through 20 of them. We are trying to operate more flights by abolishing the Inland Air Travel Tax (IATT) and exempting aircraft up to 80-seat capacity from paying the landing charges. Q: There are various issues relating to the leasing of the four metro airports — terms of lease, transfer of employees, lease payment, aeronautical tariff setting, financing of capital expenditure and so on. What is the Ministry doing to resolve them? A:
The Delhi and Mumbai airports are being modernised. An Empowered Group of Ministers (EGOM) will decide on the design parameters, bid evaluation criteria etc., for transaction. An Inter-Ministerial Group (IMG) will assist EGOM comprising officials from the Ministries of Finance, Law and Civil Aviation and AAI. The IMG will examine them and put up to EGOM for a final decision. This system will facilitate quicker decisions and smoother
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Profile
She has often been quoted as saying: “A large section of women has been marginalised because they are Dalits, minorities, poor or illiterate. They want voice and visibility. They want to move from the margin to the mainstream. That is what prompted me to take the initiative to form SEWA”. SEWA stands for “Self-Employed Women’s Association”. Ela
Ben, as she is popularly known, focused on the unorganised, peripheral and marginal workers in her home state, Gujarat, particularly Ahmedabad, rather than formulating a general workers’ union. Her whole concentration was on the self-employed, among whom she saw an altogether different work culture. “Historically, culturally and traditionally — the way of earning ones livelihood in our country has been through self-employment. The employer-employee relationship came into picture later”, she says. Ela ben, therefore, set about forming a union of unorganised workers and concentrated on self- employed women workers. The first struggle of the SEWA members was launched in typical Gandhian way. In 1973, leading the agitation, Ela ben opened a manhole and put the cloth into it to prove the extent of exploitation of women by the merchants. People gathered and traffic was blocked. In 1976, the Gujarat government announced minimum wages for the agricultural workers and she along with a senior member of the union visited a village to ensure that employers pay minimum wages in front of the Inspector. Holding out the threat to sack the workers, employers took back the extra amount from the workers and even used goons to assault them. Even Ela ben was not spared and beaten up. She organised agricultural workers and small farmers and got them their dues. A spectacular achievement of SEWA was to set up its own bank which came to be known as “ SEWA BANK”. The banks — big and small — have cumbersome process to sanction loans and rarely came to the rescue of the unorganised labour when in distress. At Ela ben’s initiative, SEWA set up its own back, collecting money through share capital and then approached the proper authority for registration. It has so far collected a working capital of more than Rs 12 crore with record payment rate of 96 per cent. The bank has been self-reliant since it was entirely based on the members’ deposits and share amount. Evidently, Ela ben knew that the bank would be a success because these women were earning cash income daily and they had a strong will to come out of the clutches of the money lenders and traders. According to Ela
Ben, women are poorer than men and women’s participation is essential to eradicate poverty. The consciousness of women’s issue became stronger from 1975 which was observed as Women’s Year. She firmly believes that with collective strength, they can overcome external exploiters like money lenders, police or black marketers. SEWA has over 1.20 lakh members in Ahmedabad alone and they include self-employed, home-based producers, tiny entrepreneurs, providers of services, loaders, vendors, bidi and agarabatti makers and kioskwalas. All of them were badly hit in the riots in the aftermath of the Godhra incident. SEWA played a commendable role in rehabilitating them. The activities of Ela Bhatt’s organisations are, unfortunately, mostly confined to Gujarat. The need is to emulate her example in other parts of the country too where Dalit women, minorities and those working in the unorganised sector are exploited
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Reflections AS the United Nations General Assembly met here at the United Nations in the third week of September, one got to see how threatened the VIPs feel. Every year it’s getting costlier in terms of human and technological resources. Each year the traffic is held back more distantly with the number of vehicles increasing, in piloting, escorting and accompanying! Each year (as I saw last year as well), even the individuals with the UN passes were kept far away. Every thing is now a potential threat to the high and mighty... Including even the clear blue sky! Every one appears or appeared to be a suspect! The security is offensive and obnoxious at times. And also embarrassing...for many watching it...but perhaps, equally for some who are at the receiving end. But I wonder if they see/saw it from the zebra crossings when they were not in it...or is it that the memory is short? And fades away with the stress of work or anxiety to stay in power? A thought flashed my mind as we all colleagues in the high rise UN office were over looking (sic) or looking down from the 22nd floor, at the security circus below, replete with Alsatian or the Labradors, as why not quiz my friends what was crossing their minds? So I casually asked some of them what was it that was going on in their minds? To be specific, what was the one thought or a wish list they were having, for those, we were watching apparently with a sense of cynicism? For it was becoming obvious. The list was overwhelming! And it went something like this... (‘They’ meant excluding exceptions) «They (the political leadership) most of all need to stop being hypocrites! «They be not that dishonest! «They abstain from using violence to stay in power or grab power! «They stop exploiting the poor and the weak! «They stop robbing their own natural resources! «They stop amassing wealth for themselves! And their families! «They stop working in alliances which are unethical and exploitative! «They allow weak nations the right to their own resources! «They stop speaking the language of hatred, violence and war! «They part company with organised crimes! «They punish effectively all those who thrive on violence, drug trade, human trafficking, money laundering, arms proliferation etc! «They reduce their consumption. One of them recalled how the spouse of one Head of State is known to have taken a special plane to go shopping, even when people of her own country were dying of an epidemic. It was time to stop watching and return to work. But it left me wondering who would tell these people in power what we all thought of all this. And did they (leaving out the good ones always) ever think that they are in a position of trust? And that they were guilty of breach of trust! And do they care? But then, the answer was if they had the spirit of care would some of them reached a situation as beneath as some had? Our (all my colleagues’) duty is police deployment in countries in strife and where the UN so decides to rescue. We see this situation day in and day out. At times countries were left with not even a dollar in the coffers when the UN went in. All the money was wired out to untraceable tax havens. And for some of these again, all the security was laid out, at the cost of the taxpayer, the poor man’s bread, education and shelter. Who can correct this? There are many roads to take and many to be driven on, all simultaneously to cover the last grounds. And all journeys begin with the first step, with correct maps and the ‘right’ and not ‘deficient’ map
readers! |
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Diversities — Delhi Letter THERE have been plenty of ‘talk shows’ here. The Eleventh SAARC Writers’ Conference took off here with Ajeet Cour dwelling on the role of the writer living in the developing countries in these troubled times, when the so-called super power is controlling the flow of words, thoughts, views and much more. Former Prime Minister V.P. Singh, who is better known for his prowess as a poet and painter, in his inaugural address, also spoke along the same lines. Stressing that we, living in the SAARC countries, share the same weather and living conditions and even similar cultures, he said there ought to be much unity. But then, V.P. Singh ought to have come up with a footnote that politicians see to it that there are constant divides in the name of religion and region. During the tea break that followed the first session, I had
to ask noted writer Kamleshwar (who had early this year bagged the Sahitya Akademi award for literature) whether such mammoth meets actually help writers and people. He said, “Yes, for it provides a platform for the writers and they, in turn, speak of the various problems confronting the people.” Kamleshwar was soon joined by Pakistani writer Asif Farroukhi who added that such meets are necessary because they try to defuse the venom that a section of writers tends to come up with — in his country and in ours too. From one end of the India International Centre lawns (the venue of the three-day-long meet) as I saw these writers enthusiastically exchanging notes, it was hard to believe that just beneath the surface India and Pakistan, could be surcharged in a span of days with a hate-hate mood.
Anupam goes personal Last weekend, Indraprastha College (Delhi University) hosted a seminar on the fourth estate. Besides bureaucrats and several journalists who spoke along the strain, there was the Kher couple — Anupam and Kiron — who had been especially transported from Mumbai to New Delhi. Anupam Kher was
disappointing. Instead of speaking about the Censor Board together with its powers to cut and curtail the stark portrayal of truth, he spoke in that Bollywood style about his personal rifts vis-a-vis the media — how he had once slapped a reporter and the saga that took off from that point. Instead of narrowing it down to his personal experience, he should have widened the scope of his address. I must also add here that just after narrating his personal experiences, he made a hasty exit, mumbling he had another appointment to keep. Giving little opportunity to be questioned. Not really fair! |
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Kashmir Diary THE various travellers from different corners of the world who have over the centuries described Kashmir as a paradise must surely have visited during autumn. The place is an ethereal vision in this season. There are stretches of highway from which the trees in the distance, ranging through a hundred shades of yellow and green, look like an impressionist painting. And the hues of the chinar leaves, fiery maroons, reds and yellows capped by an umbrella of green, is a sight to behold. Since July and August can be quite sticky, at least in the city, autumn is also the time of the best weather in Kashmir. For the most part, Kashmir swings annually between extremes of Nature. The lush fecundity of a Kashmiri summer is filled with crystal springs, terraces swaying with paddy as it turns from green to gold, and orchards of apples and walnuts. But all of that disappears every winter under a gray pall of numbing frost. I have often wondered if these seasonal swings have not combined with the topography of the place to make Kashmiris the way they are: among the most insular people in the world. Indeed, the topography almost resembles the proverbial well, since the Karakoram range on the one side and the Pir Panjal on the other each rises thousands of feet on every side of the oval valley, except for the narrow gorge through which the Jhelum flows beyond Uri. Throughout history then, the geography of the place has isolated it from the rest of the world. On the one hand, Kashmiris have felt secure behind the natural defences that the mountains provided. On the other, they developed suspicion and contempt for outsiders of the sort that grows organically from a deep-rooted insecurity regarding the unknown. The rich bounties that summer brought every year must surely have contributed to the lyrical warmth of the Kashmiri culture. However, it also led him to hoard what he could for the bitter winter that lay inevitably ahead. In fact one of the most enchanting sights of autumn in the rural areas are the garlands of fleshy red chillies drying before they are pounded for spice cakes that will be used in winter. And yet, despite every precaution, those snow-covered winters of cold and long dark nights, when starvation threatened, must surely have dovetailed with the insularity and insecurity that Kashmir’s topography caused. A Kashmiri who is in his seventies told me that, when he was young, “we did not know of any place beyond the valley, only that there was a place called Punjab beyond — and a vilayat (Europe) farther away.” That of course was before Partition. Now, Kashmiris are fully aware of both India and Pakistan, both of which lie on different sides beyond those high walls of mountain. However, despite the tremendous development that has taken place since the Fifties, the insularity of Kashmir still remains. It has begun to change gradually over the past decade-and-a-half, during which many Kashmiri families sent their children to study in other parts of India just to keep them out of harm’s way. Many of those young people who have returned after spending a few years elsewhere have a different perspective from the one that has kept Kashmiris isolated for so many centuries. However, most Kashmiris retain attitudes that make them cling to their separate identity. And that is a fact that will have to be addressed if the entire imbroglio is to be sorted out. The first thing to realise is that, if climate and topography are to be held at least partially responsible for why some Kashmiris aspire for independence rather than to be part of either India or Pakistan, the aspiration is a manifestation of insecurity more than anything else. The natural insularity of the Kashmiri has been vastly complicated by the fact that it is the only Muslim-majority area in a Hindu-dominated country. The six-year-rule of a government led by the BJP has done a lot to counter insecurity on that front. However, sensitivity to the nature of Kashmiris as a people is essential if that process is to move forward. Only then can one hope that Kashmir will ever be successfully integrated into any larger political
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Never forget God’s Name; dwell upon it day and night. Be content with the life He gives you. — Guru Nanak Vedic literature is meant for three things — telling us of our relationship with the Supreme Personality of Godhead; showing us how to act according to that relationship; and, finally, to achieve love of Godhead as the highest perfection of life. — Sri Chaitanya Mahaprabhu Learning, tempered with humility is beneficial in this world and the next. Just as a plant cannot grow without water, learning will not be fruitful without humility. — Lord Mahavir Embrace all living beings with kindness. — The Buddha |
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HE is on a tightrope walk. On one side is the constant probing from the Left parties which have their own constituency to cater and, on the other, is the immediate need to give a facelift to the country’s airports because of the growing image of the country which is fast turning out to be a tourism haunt. Union Civil Aviation Minister Praful Patel has so far managed to hold on without flinching in keeping all sides happy. In an exclusive interview to The Sunday Tribune, he outlines the various steps his Ministry is taking and future plans.
FORTY six years is a long time in one’s life and during this period Ela Bhatt totally dedicated herself to the
uplift of poor rural women. Her selfless service was recognised in India and abroad and she was decorated with many prestigious awards, the latest being the Lal Bahadur Shastri Award for Excellence in Public Administration and Management. 