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Missing Laloo Fair share of property |
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People must know
Satyameva Jayate
Halo and grammar
Cabinet expansion in Karnataka Delhi Durbar
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Missing Laloo WHILE visiting the accident site near Mukerian on Tuesday, Railway Minister Laloo Prasad Yadav held forth in his usual style accusing the erring station masters of murder. It was expected that he would be equally loud and dramatic in Parliament the next day while trying to give a clean chit to himself and other senior officials of his ministry. But that was not to be. He went missing and reportedly rushed to his home state to make preparations for a “maha-rally” that he is planning there. In doing this, he provided the Opposition a readymade stick to beat the government with. The former once again blocked the proceedings of the Lok Sabha, calling him a “rally minister” instead of being a Railway Minister. What was unusual was the return of former Prime Minister Atal Bihari Vajpayee to spearhead the Opposition charge. While the disrupting tactics of the Opposition cannot be condoned, the tendency of Mr Yadav to play truant at such a sombre moment cannot be justified either. Indeed, there was nothing wrong in his deputy making a statement on the subject in his absence had this become necessary because of some genuine emergency. But his rushing to Patna in place of addressing Parliament was an irresponsible act. The way the railway personnel allowed the two ill-fated trains to proceed on the same track was criminal indeed. But the Railway Minister’s behaviour was offensive and insolent. He has only limited moral authority to censure them because of his many acts of omission and commission earlier. His track record on the fodder front and his attempt to prop up men like Mr Pappu Yadav have further eroded his stature. By playing truant, he only diminished his standing even more. Perhaps in his scheme of things, a rally is more important than a ghastly railway accident. How many people have to die before Mr Laloo Prasad Yadav chooses to act with some sense of responsibility! |
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Fair share of property THE Union Cabinet’s clearance of a Bill for amending the Hindu Succession Act, 1956, to ensure a fair share of family property for daughters has not come a day too soon. The proposed Bill, to be introduced soon in this session of Parliament, for the first time, gives the daughter what are known as coparcenary rights – meaning she will be among those family members who are entitled to seek and get equal shares in ancestral property. Like the sons in the family, the daughters too would be granted this birthright. This is a long overdue measure to end discrimination against women on grounds of sex. To call it a blow for the empowerment of women would be an exaggeration. It is at best acceptance of the applicability of the constitutional principle of equality; a move to end the discrimination where women were deprived of equal rights and bring the inheritance law in line with the Constitution. The issue of this gross denial of a deserved right to daughters, though raised in several public forums, was not addressed by the state till recently. It is to the credit of the Law Commission, which submitted its report in 2000, that the state machinery could be activated to move in this direction. The Law Commission had suggested that the Hindu Succession Act should be amended to grant daughters too a right by birth to family property. The effect of the Bill would be, and needs to be, most felt in the Hindi heartland. The southern states and Maharashtra have a more progressive record when it comes to equal rights for daughters to the family property. Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra have state legislation that is already in place. Kerala is in a different, more advanced category: the state has abolished altogether the right by birth to family property. The rest of the states need to move in this direction. A Central Bill serves the long-felt need for a uniform national law in the matter of Hindu undivided family property. This would compel other states that have lagged behind to fall in line and end the legislated denial of equal rights to daughters. |
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People must know THE Union Cabinet’s clearance to the Right to Information Bill, 2004, is in tune with its commitment to give people the right to get information from the government. In a democracy, the right to know is the most cherished right of every citizen. It is also an instrument to empower the people against the vagaries of the administration. Though it is inherent in the citizen’s freedom of expression under Article 19 of the Constitution, the people are unable to invoke it in full measure. Of course, the lack of effective democratisation of the political process has essentially made the country’s legal and administrative framework indifferent and distant. The people have been deprived of legitimate access to information because of the callousness of the bureaucracy. The new Bill is a step forward because people can hereafter seek information as a right and not as a favour. The Bill, which will be introduced in the current session of Parliament, is expected to make the administrative system transparent. More important, it will fix accountability on the officials because the people will be able to seek information and question them for their acts of omission and commission. It is also broadbased in nature and scope as it seeks to ensure maximum dissemination of information, independent appeal mechanisms, penalties for failure to provide information in accordance with the law, and effective mechanisms for access of information. Unfortunately, only nine states have so far enacted the right to information — Rajasthan, Maharashtra, Karnataka, Tamil Nadu, Goa, Delhi, Madhya Pradesh, Assam and Jammu and Kashmir. All states and Union Territories should follow suit to empower people and promote good governance. The Maharashtra model is said to be the best. It slaps a fine of Rs 250 a day for delay in providing information and Rs 2,000 for wrong information. In Rajasthan, there is no independent appeal mechanism and penalties are decided on the basis of the civil service conduct rules rather than the information law. As the Central law will not supersede state and panchayat laws, people will have to make their own choices on exercising their right to know under respective legislation. They would need to be educated that they have now a right clearly defined and meant to be used. |
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Cultured people are merely the glittering scum which floats upon the deep river of production. — Winston Churchill |
Satyameva Jayate
THE law may be an ass and justice blindfolded, but truth may well tilt the scales in contempt proceedings if the Bill introduced in the Lok Sabha on December 1 gets passed. The Contempt of Court (Amendment) Bill, 2004, provides for making truth a valid defence in court. As things stand, a person charged with contempt of court cannot plead truth as a defence. It is indeed ironic, and illogical, that the validity of truth in judicial proceedings should at all have to be debated: Truth should be justice, and justice truth, to take prosaic licence with the poetic line of Keats on beauty. Unfortunately, that is not so, thanks to the Raj legacy that prevails long after the departure of our colonial masters, who, of course, have moved with the times to amend the law in their own native land. The Contempt of Court Act does not explicitly state that truth cannot be a defence, but in interpreting the meaning of the term ‘scandalise’ (the court), truth has been excluded by the judiciary. The case for removal of this anachronism in law cannot be overstated as it has a chilling effect on the fundamental right to freedom of expression. The contempt law is a fetter on free expression. It goes against the grain of Article 19 and is hardly justifiable as a “reasonable restriction’ on the media. That there is a debate and enlightened opinion veering increasingly in favour of revoking the restrictive provisions of the contempt law is a welcome development. Yet, the proposed amendment is only the first step in a journey where both the judiciary and the media have miles to go. The rationale for the contempt law was that the courts should have full powers to enforce their orders and punish the obstruction of justice. Everyone is all for these provisions. However, as the law has evolved, its powers have enlarged to include punishment of people for what has come to be known as acts of “scandalising the court”. The illiberal interpretation of this has resulted in a situation where any act seen as likely to mar the dignity of the judiciary or judges can invite the charge of contempt of court. The assumption is that any expression which diminishes public confidence in a judge and, by extension, the judiciary, would adversely affect the administration of justice. For example, suggesting that a judge’s personal conduct is not above board, or that he is corrupt or dishonest is taken to constitute contempt of court. The truth of what has imputed cannot be cited as defence. In effect, this means what can be said, in public interest, about any other functionary of the state cannot be said about a judge. In other words, the judge is above the law insofar as his conduct cannot be subject to public scrutiny. This power of the courts to punish for contempt is a Damocles’ Sword that has prevented free and frank debate, discussion and comment on the judiciary. The threat of contempt is enough to deter anyone, including the media, from pointing out anything amiss in the judicial system. Paradoxically, the threat of contempt has been defended as being in public interest — to uphold public confidence in the judiciary. Should this logic be extended, then every other wing of the state, including the police, can claim that they too perform a public function and, therefore, in the interest of public confidence, the spotlight should not be turned on the dark deeds within their ranks. Recent rulings of the Supreme Court, and judges being implicated in scandalous incidents, actually reinforce the case for a closer look — by the media and the public — at the conduct of judges and for reform of the contempt law. When a Calcutta High Court judge failed to get land in a scheme from the Chief Minister’s quota, he stayed further allotment from the quota while hearing a case. A few days later — once the judge himself got a plot from the quota — he vacated the stay. There was the more shocking case of a former Delhi High Court judge being arrested for his role in a multi-crore DDA land scam. The judge confessed to being “entertained” by “several society women” thanks to the hospitality of the key accused in the scandal. Reports of three judges of the Karnataka High Court figuring in the so-called Mysore sex scandal has put the press on the defensive. The part played by three judges of the Punjab and Haryana High Court in the Punjab Public Service Commission episode was yet another blot on the Bench. Cases of professional misconduct and moral turpitude relating to a High Court judge in Rajasthan, a civil judge in Gujarat and a sessions judge in Andhra Pradesh have also been in the news recently. The growing number of controversies triggered by the questionable conduct of judges is evidence enough that the judiciary, like every institution in the public realm, should be subject to informed and responsible scrutiny. It is the conduct of such judges and not the exposure of their unbecoming conduct that undermines public confidence in the judiciary. No doubt, there would also be motivated and mischievous attempts to tar men of integrity. The solution to this is not to silence the media or thwart public exposure but for judges to take recourse to laws, such as defamation and libel, that are available to other citizens. When judges deal with contempt cases, the perception is that they sit in judgment on their own cases and the scales are unfairly loaded against a person charged with contempt. For justice to be done and seen to be done, no judge should ever be allowed to be a complainant, prosecutor and adjudicator in cases involving contempt. In cases of contempt, it is a moot question whether judicial rulings have been on evidence that is clear, cogent and beyond reasonable doubt. E.M.S. Namboodiripad was held guilty of contempt and sentenced for talking about the class bias of the judiciary. In contrast, the court held that former Union Law Minister P Shiv Shankar’s sweeping aspersions on the judiciary — that anti-social elements have found their haven in the Supreme Court — did not constitute contempt. Such contradictions are inevitable where the law and practice on contempt are not informed by clarity, precision and certainty. Inevitably, powers of contempt are feared and have become an unreasonable restraint on freedom of speech and expression. There is a strong case for abolishing altogether the offence of “scandalising the court” as it is inconsistent with respect for freedom of expression. It may be a long way to that goal. In the interim, it is of utmost urgency to allow defences of not only truth but fair comment as well. The judiciary should recognise the need to accept public criticism of itself if only to better preserve and protect the authority of the process of justice administration. A Daniel come to judgement would vindicate public confidence in the “majestic liberalism” of the
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Halo and grammar THE number of stories about Churchill which are doing the rounds run into hundreds and as can well be expected the vast majority of them end up showing him having the upper hand. A handful of these stories is given below. The occasion was a party organised on the 90th birthday of Churchill. A young photographer availed of the opportunity to take his portrait and in an attempt to make polite conversation said, “Sir, I hope I shall be able to photograph you on your next birthday also”. Churchill looked him up and down and remarked “why not young man? You seem to me to be in very good health”. During a conversation with Churchill Montgomery happened to remark that he never drank and never smoked and took very good care of himself. And as a result he was 100 per cent fit. Churchill’s response was, “I drink a lot, I smoke a lot and never take care of myself: and I am 200 per cent fit”. A story which is said to have been a favourite of Churchill’s is about a man who suffered very badly from severe headaches without any organic disease to account for them. He consulted a specialist and in reply to his many questions explained about his life style. He said, he did not smoke at all, never touched alcohol in any form, and had no interest in women. The specialist thought for a while and said, “I” think I know what your problem is: your halo is too tight”. One of Churchill’s aides was very particular about following the rules of grammar strictly. To give an example, he considered a split infinitive as something only slightly less serious than splitting someone’s head. In fact, he could play to perfection the role of the elderly gentleman in the story who in due course of time departed this world and knocked at the pearly gates. Hearing the knock St. Peter enquired, “Who is it”? and received not the customary response “It is me” but a clear “It is I” “My Goodness!” muttered St. Peter, “Here comes another school master”. Among all these stories in which Churchill was the “winner”, there was once in a rare — a very rare — while, a story where the joke was actually on him. He was due to broadcast one of his war time speeches and got into a taxi to proceed to the BBC headquarters (let it be noted he used a taxi and not one of the official cars in order presumably to save a little of the tax payer’s money — an idea our politicians will find quite impossible to understand). When he reached there he turned to the driver and asked if he would wait for him for half an hour for the return journey. The driver had not recognised Churchill and said, “Sorry, Sir, I have to get back to listen to Churchill’s speech which is due in a few minutes”. Quite pleased to hear that Churchill handed him what, for those days, was a very generous tip of £ 10. The taxi man looked at the money hardly able to believe his eyes. He lost no time in making his preference clear and said, “Sir, to hell with Churchill! I shall wait for
you.”
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Cabinet expansion in Karnataka
WITH the Cabinet expansion of Karnataka’s first-ever coalition government taking place on Wednesday, with the swearing in of 18 Cabinet ministers and two ministers of state rank, more than seven months after Chief Minister Dharam Singh took over on May 28, there is an increased sense of confidence that the coalition experiment will succeed, and that this government will last its full term of — well, two years. For two years was what most people were willing to give to a Congress-JD (S) coalition - their pre-election rivalry was marked by bitterness, abuse and even violence. Both, almost equally represented in the Assembly, declared that their aim must be to “keep out the communal forces” namely the BJP, the single largest party, and decided to form a government. Apart from Singh and Deputy Chief Minister Siddaramiah of the JD (S), 10 ministers were inducted. Dates and deadlines for expansion were announced, and they all came and went. And doubts surrounding the intention of the coalition partners became more pronounced and the reasons for delay appeared increasingly murky. With this expansion, a major hurdle has been crossed. Siddaramiah confidently declared that “we will provide a government for five years. Nobody is responsible for this delay, neither Mr Singh, nor Mr Deve Gowda or the two parties. It was just the political situation.” The day was marked by some bonhomie, with little of the “we need to maintain our separate identity” pressure that leaders of both parties seem to frequently be reacting against. On the outside, the main challenge ahead is governance, which has suffered in the last few months. The most high-profile criticism that the government has been subjected to has been on the urban infrastructure front, with Bangalore city struggling to handle burgeoning traffic and poor roads, and a general slowdown on road repair and flyover projects. These are criticisms which Dharam Singh bristles against, accusing the media and others of wanting to destabilise his government, and pointing to what he calls various “achievements” in handling contentious issues like the CET admissions to professional colleges, the setting up of circuit benches in Hubli, support to a new international airport and the implementation of rural friendly schemes in the budget. As for infrastructure, there is perhaps an element in the criticism against Singh’s government that is patently unfair. Congress workers supportive of Singh are fond of pointing out that “infrastructure cannot suddenly go bad in a few months. The elections indicated a need for a more overt rural bias - but that does not mean the city will be neglected.” IT CEOs and the general public, on their part, are perhaps reacting to two things — earlier, at least stated intentions existed, proffering some hope, in spite of slower than required progress. And on the ground, nothing was being done for deteriorating roads, and crawling flyover projects. The pace appears to have picked up now, though it is too early to tell if it will last the course. JD (S) President H.D. Deve Gowda has reacted angrily to Singh’s attempts to neutralise this criticism, by railing against the so-called elitist urban bias and the “neglect of the poor.” On the inside is the challenge of staying afloat atop a turbulent coalition, marked by the push and pull of caste equations, conflicting vote banks, thwarted ministerial aspirations, bitter and often angry party workers, S.M. Krishna supporters in the Congress, the Deve Gowda factor, and the looming shadow of the next elections — even arguing that they are not really very near. Nine Congress ministers and 11 ministers from the junior coalition partner JD (S) were sworn in on Wednesday, taking the total strength of Chief Minister Dharam Singh’s team to 32. With this expansion, only two slots are left to make a full ministry. The opposition BJP boycotted the swearing-in ceremony and also staged a dharma in front of the Chief Minister’s residence. Mr H.D. Deve Gowda himself did not attend the swearing in. But then he did not attend the first one either. His influence is still strong, evidenced by the fact that Congress aspirants like D.K. Shivakumar and Roshan Baig have been kept out. Both are close to S.M. Krishna, and it was the JD (S) which kept out Krishna in the first place, citing everything from misadministration to corruption during the former Chief Minister’s previous regime. Of the 20 new members, 13 are first timers. There is thus a lot of inexperience in a team that is actually loaded with ministers of Cabinet rank. Again, that points to the problem of running a coalition. Ahead is the task of allotting portfolios, which Singh said would be on the basis of the Maharashtra model. Caste is another major factor. Lingayats and Vokkaligas dominate the ministry, with lower representations from the backward classes and communities like the Kurubas (Siddaramiah’s community). The BJP managed to become the single largest party with the support of Lingayats, and this is something that the coalition is keenly aware of. Constitutional limits on the strenght of the ministry means that all districts cannot be represented — some left-out districts are BJP strongholds. The inauspicious “shoonya” month is ahead - meaning that ministers might not assume office, much less start on projects. Hopefully, in the new year, the expanded coalition train might pick up some speed. |
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Rally — Laloo style WITH an eye on Railway Minister and RJD supremo Laloo Prasad Yadav’s forthcoming maha rally in Patna, all hoardings in the state capital and elsewhere in Bihar have been taken over by the ruling party. Hoardings and billboards, carrying messages and advertisements of industries, hotels and consumer goods are being painted green to advertise the big event and achievements of the 15-year rule of the RJD. Big and small business have no way of expressing their resentment over the takeover as Laloo writ runs far and wide in the state.
A tribute to musicians On hindsight, it seems that the theme of the DAVP calender for 2005 “A tribute to Indian musicians” appears to be a befitting felicitation as the music world lost the doyen of Carnatic music M S Subbalakshmi. The calender, which is circulated widely across the globe, will once again revive the musical notes of legendary musicians. The calender depicts pictures of 12 eminent musicians and eight luminaries. The fly-leaf calender also contains photographs of 54 other great musicians of the past with sketches of Tansen and Thyagaraja. Natwar Singh on a roll Kunwar Natwar Singh is on a roll. Only recently he was elected by the Governing Body of the Corpus Christi College as an honorary fellow. The college, founded in 1352, is one of the oldest colleges at Cambridge University. Natwar Singh, himself an alumni of the Corpus Christi college, is the first Indian to get this fellowship. Earlier this week, the External Affairs Minister was conferred an honorary doctorate by South Korea’s Kyung Hee University. The December 16 convocation in Seoul was in recognition of his outstanding contribution in the field of diplomacy and international relations. This is the kind of transformation power brings about.
British, Indian
MPs’ match Come new year, the Capital is scheduled to witness a cricket match between visiting British MPs and their Indian counterparts at the National Stadium. Preparations are under way in a big way as DDCA Chairman Arun Jaitley is promising to take the event to new heights. Helping him are Congress MPs Jyotiraditya Scindia and Rajiv Shukla. Efforts are going on to identify MPs who can play the game hopefully in the spirit of the game.
Haryana cops pay for it Cops of the Haryana CID in Delhi paid a heavy price for being “inaccurate” with their information about the health of former Prime Minister P V Narasimha Rao which was passed on to Chief Minister Om Prakash Chautala. While a constable of the CID wing was suspended, a DSP was transferred to the police lines. Rao was admitted to the AIIMS on December 10 following complaints of breathlessness. On Saturday, Haryana CID cops apparently latched on to rumours that said the worst about the former PM’s health. The information was reportedly passed on to the seniors in Chandigarh who did not take long to convey it to the Chief Minister, then attending a small public function. The “wrong information” caused embarrassment to the Chief Minister who expressed his condolences at the function. Contributed by Satish Misra, Rajeev Sharma and Prashant Sood. |
It is the earnest, who seek the source of highest happiness. the thoughtless are too busy with their petty pleasures to have such a broad vision. With wisdom the earnest meditate on the highest happiness and surely attain it. — The Buddhism The Truth is this: Our lives are shaped by our deeds. One who realizes this has reached the summit of self-realisation. All hi delusions now disappear. He becomes the self-realised one. He serves as an example to those who wish to know the Truth. — The Bhagvad Gita This sword proved its unique worth by extirpating tyranny in all its phases from Bharatvarsh. — The Sikhism Truth without humility would be an arrogant caricature. — Mahatma Gandhi  |
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