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We, they and the idea of India On Record |
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How RTI Act
works in a Gujarat taluk
Profile Merry Christmas to Mary Christmas Diversities — Delhi Letter
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We, they and the idea of India NOBEL Laureate Professor Amartya Sen, in his book The Argumentative Indian, has underlined the significance of India’s heterodox past and pluralist present and the critical role played by our rich and long tradition of dialogue and discussion in the making of today’s India. Echoes of his concerns on nation building were displayed in ample measure in a recent national orientation course for university and college teachers organised by Jawaharlal Nehru University, New Delhi. The notion of nation, especially in India’s context, has been a vexatious theme. Any attempt to pigeonhole the concept has been like opening a Pandora’s box. On the one hand, some sections argue that nation is a finished product and that there is nothing processual about it. On the other, some other sections contest this monolithic viewpoint as fascist, undemocratic, unilateral and imposing. This discontentment was, for instance, most visible in the responses from the participants from the North-Eastern states. If democracy is about governance by discussion and dialogue, as James Buchanan, the founder of the contemporary discipline of public choice theory would argue, our excessive dependence on military deployment as an agent of nation building all these years in these areas belies this ideal of democratic nation building. Hence, there are merits in these voices of disagreement. Luckily, this has been increasingly accepted by the think tanks on our defense strategies and analyses. These resentments, however, were expectedly quite baffling to some participants. As one of them would voice her concern, “see if they cannot feel like an Indian despite Indian state pumping in so much money in these states, then little can be done”. What is critical here is that this statement is not an individual or an isolated remark. Sadly one comes across such bizarre understanding about national integrity even in most enlightened quarters. Making of a nation involves not just territory but people as well. While military and money power can win a territory, it takes sustained, empathetic and mostly prolonged dialogic engagement with the “other” to win their hearts. Just ask President George Bush and he will vouch for it. As the course progressed and the cobwebs of mistrust and misgivings got gradually dismantled, there were quite a few revelations which augur well for the process of nation building in India. It would be worthwhile here to recount some of them. First, as one Mizo participant revealed, it was only after the Kargil conflict with Pakistan that a strong sense of affiliation and allegiance to the Indian state emerged in these states as the coffins carrying bodies of martyrs started coming to these hill states from the battlefront. Identification to a common enemy brought forth the sense of unity with the rest of the country which was unprecedented in this part of the world. This observation took everyone by surprise. The new generation for the first time felt overwhelmingly Indian, as the participant would passionately argue. This suggests an urgent need to undertake more field level studies in such areas beyond the cosy confines of New Delhi-based research enclaves with their antiquated research tools and standardised obsolete categories to fully grasp these micro-level processes and trends. Secondly, the process of more than a decade-long intense globalisation, its agencies and concomitant cosmopolitanism and, most important, its whole flavour of “celebrating local with global aspirations” has created an aura of secular neutrality around the Indian state which has considerably undermined the Hindi-Hindu-Hindustani line of argument which has been obnoxiously referred to and celebrated as “mainstream culture” all these years. Globalisation, at least in perception, seems to have toned down the Hindi hegemony and its accompanying arrogance. There is growing realisation that the Indian state is no more a monopoly of the inhabitants of the Gangetic plain. Thirdly, this image of Indian state as a modern, non-partisan entity coupled with its emergence as a formidable global economic power sends good vibes to its disgruntled constituents. This is particularly significant given the simultaneous paradigm shift in the understanding of geopolitical considerations of nation states all over the world. The thrust is now more on consolidation rather on expansion of territory. China is a prime example of this trend. This trend towards centripetality and consolidation discourages the fissiparous centrifugal proclivity in the border areas thereby creating a more congenial environment for consensus building in a changed scenario. Against this background, it is quite evident that the need of the hour is to take these consensus-friendly vibes more seriously and work on it. Sadly, we invoke our Track II gestures only when it comes to our engagement with Pakistan. We should realise that there is greater need for “people-to-people” contact within the country, especially involving people from areas which remain “misunderstood” by an overwhelmingly large number of people in the country for lack of any platform for dialogue and interaction. To begin with, for instance, the University Grants Commission can play a major role in this context by organising workshops involving faculties from the universities and colleges across the country on the theme, say, the “Idea of India”. This will, in turn, inform the classrooms spread across the country and finally reach the multitude of young students. Its impact will be far deeper and more cementing than any macho-military exercise. A young teacher from the University of Mizoram wrote this as her farewell note as the course came to an end: I am a curiosity, an “ethnic” specimen. Politics, history, anthropology — your impressive learning, All unable to answer the fundamental question — What does an Indian look like? An Indian look like me, and Indian is me. What a pleasant volte-face this was. Nation-making, therefore, as an analyst would comment, is a continuous process of plebiscite and negotiations. Like assimilation, it is never complete in practice. Respect diversity. Unity will follow
automatically. The writer teaches Sociology at Government College, Sector 46, Chandigarh
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On Record
JUSTICE G.N. Ray, Chairman of the Press Council of India (PCI), enjoys the challenging task of keeping a watch on more than 13,000 publications to ensure that the Fourth Estate adheres to its code of ethics. Soon after taking over in March 2005, he decided to reach out to the litigants “as far as practicable” to expedite the hearing and clearing the backlog of 300 to 400 cases. As a lawyer, he specialised in civil and constitutional matters. He was elevated as a Judge of the Calcutta High Court in 1976 and appointed Chief Justice of the Gujarat High Court in 1990. He became a Judge of the Supreme Court in 1991. Justice Ray has an ear for Indian classical music and Rabindra Sangeet. For a long time he was Chairman of the Bengal Rose Society. He takes pride in the fact that his gardening notes fetched the Supreme Court lawns several prizes in the competitions organised by the Delhi Floriculture Association. Excerpts: Q: Do you think the demand for a Media Council is justified to deal with the evolving mass media spectrum including a range of broadcast and new internet-based media, besides print? A: Of course, it is necessary to have a regulatory authority for the electronic media because it has come in a big way in this country. Q: What kind of a model do you have in mind for the Media Council? A:
The same standards would apply to morality and ethics of the media. Over the years, we have developed a code of ethics to be followed by the print media. I am quite confident that if the same code of ethics and morality is followed by the electronic media, there will be very little trouble. Q: Parliament expelled as many as 11 Members of Parliament on Friday. What are your views about the sting operations involving them? A: About the sting operations, we have laid down a principle. The sting operation should be taken with extreme seriousness. Unless and until public interest is involved, no sting operation should be done. Sting operations that affect the privacy of an individual should not be allowed. Public figures should not be exposed unless they do something that goes against public interest. Q: There is a general impression that the PCI is a toothless watchdog. Is there a lack of political will to bring about amendment in the PCI Act to empower it? A: When the PCI idea was conceived, it was thought that the peers of the Press will regulate the print media and whatever guidelines are given by them as members of the PCI will be followed by the print media in letter and spirit. But there has been an erosion of values. There has been trivialisation of news and extreme commercialisation. The big national Press does not follow the code of ethics and values. We have got two inquiry committees to look into the complaints mostly against irresponsible coverage and scurrillous writing. We received complaints where publications have encroached upon the privacy of a person or have carried objectionable advertisements. Opportunities are given to both parties to substantiate their points of view. Sometimes they are warned and sometimes censured. Once a newspaper is censured, the Directorate of Audio Visual Publicity (DAVP) does not give them advertisements for sometime but this does not mean much for the big national Press. Now peers of the Press feel that some more powers could be given to the PCI so that it can deal with the erring publications firmly. Unfortunately, within the parameters of the PCI Act, we cannot go beyond censure. There we feel very unhappy. Q: There is a growing perception that the PCI is not taken seriously. Its guidelines and recommendations are often ignored or downplayed and some media organisations don’t even bother to appear before the Inquiry Commission. Isn’t this a major handicap? A: By and large, media organisations do appear but sometimes they delay the process. At least I have not seen during my tenure any media organisation completely ignoring the PCI. Naturally, the erring papers do not want to come in the gaze of the PCI. They might try to avoid us. If we don’t have enough teeth, they will continue to be in print and go unpunished. Q: A part of the criticism about the PCI is that its interventions are tardy unlike the UK Press Complaints Commission. Is this due to inadequate staff? A: We have enough staff. In India, every procedure takes time. Whenever we receive a complaint, we have to give a notice or opportunity to the other party. But the parties often take time to respond to notices. Quite a few cases (reluctantly mentions a figure of 300 to 400) were pending when I took over. The PCI was reconstituted in September 2004. As far as practicable, we are clubbing together cases of each zone — North, South, West and East and going to the doorstep of the litigants to expedite hearings. This, however, involves travel expenses. We need a hall for holding our inquiry. The state governments have extended us hospitality at subsidised rates. We have already held hearing for the East zone in Kolkata in May and the South zone in Thiruvananthapuram in August. In February, we are going to Mumbai to deal with West zone
cases.
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How RTI Act
works in a Gujarat taluk AFTER the Right to Information (RTI) Act came into force, we thought officials can no longer deny us information. Corruption will go. And government will be made accountable. Two months down the line we are having to eat our own words. Go to any government office asking for information and the response one gets stumps you. A few young enthusiasts went to the Mamlatdar office at Kalol in Gujarat to ask for details about the RTI Act and the proactive disclosure. They got a quick response: “Who is misguiding you? Did they not tell you that no information is available at the taluk office? You may get information at the District Collectorate”. Soon they were shooed out of the office and asked not to return. The Mamlatdar’s tone was loud, clear and distinctively rude. The next day this writer went to the same office. The Mamlatdar offered me a seat, water and ordered tea. I congratulated him on being the PIO of his office and also said that this was an important but difficult job. He thanked me but said no such Act would work at the taluk level. I had gone armed with a copy of the Act and the rules. When I showed it to him, he said he did not read English. I handed over a Gujarati copy to him. He flicked through the pages and put it aside. Stared at my face and with a wry smile, he said, Madam, there are thousands of laws in our country today. Have those changed anything for the people? Why would this law do otherwise? He explained patiently, most people are till date ignorant of the RTI Act. Those that will gather the courage to ask we will simply turn away; and the small minority that will apply in writing will not exactly know what to ask for. I argued endlessly with him but I knew he had a point. I realised that no system will work till the people push it to work. A week later, a few people sought information in writing. The same Mamlatdar told them to visit the Collectorate. The next step was sending the application by registered AD and simultaneously a complaint about the refusal to accept the application. The process was long and many people were going to give up midway. I was sure about this. At Halol too the experience was no different. No fee is required to be paid by a BPL card holder. But when a card holder submitted an application, the officer there asked him for the fee. When he showed him a copy of the rules, the officer replied, “You know all this and still claim to belong to a BPL family?” Be it the office of Mamlatdar, Talati or Panchayat. The answers we got were all the same. Information we don’t have or will not
give. The writer is Project Coordinator, Gujarat unit, Commonwealth Human Rights Initiative, New Delhi |
Profile
Subsequently, on the committee’s recommendation, 10 MPs have been expelled on Friday for their involvement in the Cash-for-question scam. Bansal was, evidently, under terrific pressure as he listened to the tainted MPs, viewed relevant recordings obtained from the TV channel and heard the version of Aniruddha Bahal and others involved in the sting operation. Though the media chased him, he did not utter a word as it might be misconstrued. Having produced a document, which turned out to be historic and became a precedent for future parliamentarians, Bansal is a relaxed man now. When Bansal was nominated to head the Inquiry Panel, many wondered if he could measure up to the task; whether he would be firm enough to recommend stringent action against fellow MPs involved in the scam. Bansal says the week-long period was tension ridden for him. “It was a difficult decision to take…recommend expulsion of those who have been sitting with us till the other day. But duty comes first”. The Committee, headed by him was conscious that the panel was neither
a court of law nor the case before it was a criminal trial; it had to act within certain parameters. The principle of “natural justice” was the panel’s guideline. After deliberations, the Committee rallied round to the point that there were only two options — recommend reprimand of the accused members or suggest their expulsion. “We choose the latter option”, says the low-profile MP. Bansal was chosen to head the panel because of his track record and
long experience in Parliament. He has been an MP since 1984. He lost election only once in 1996. An able parliamentarian and a forceful
speaker, he was handpicked by Rajiv Gandhi to initiate many important debates in Parliament on behalf of the Congress whether in the Opposition or Treasury Benches. Rajiv Gandhi wanted to build a team of young generation Congress leaders. Twenty-one years back, Pawan was an active member of the Youth Congress. A meeting of the National Council of the young wing was being held in early 1984 and Rajiv Gandhi was attending it as the AICC General Secretary. He had already made up his mind by that time to bring Bansal to the Rajya Sabha. As Bansal came across him, Rajiv remarked: “If I am thinking what you are, am I thinking right?” The message had gone home. Bansal was spontaneously congratulated by other Youth Congress leaders gathered on the occasion. He was elected to the Rajya Sabha within weeks. In 1991, he was elected to the Lok Sabha for the first time from Chandigarh. He lost by a narrow margin in 1996 but regained the seat in 1999 and repeated his performance in 2004 elections. During his first term in the Rajya Sabha, Bansal had the distinction
of being nominated to the panel of presiding officers. The Chairman was R. Venkataraman, much senior to him in age. One afternoon, Bansal
was in the Chair when the Delhi Apartment Bill was being discussed by the House. An amendment was tabled by another young Congress member Anand Sharma (now the AICC spokesman). Two BJP stalwarts, L.K. Advani and Jaswant Singh initially opposed it but later said they would leave it to the discretion of the Presiding officer. Rajiv Gandhi, as the Prime Minister, too was present and watching the proceedings in the House. Bansal was in a fix but firmly ruled in favour of the amendment. Later, Venkataraman reportedly told the Prime Minister that the young man had taken a firm decision which he could have hesitated to take. Bansal is known to be a quiet worker. He rarely projects himself. He
did lot of work quietly, helped people in distress, during the traumatic days of militancy in Punjab. A reputed magazine praised him thus for his courage: “When seniors fear to tread out of their houses, Pawan with his team of men went around from village to village, distributing party literature”. Though he has been elected from Chandigarh thrice, which is a record, Pawan says, it is a difficult constituency. “The city is, no doubt, known as a symbol of modern resurgence but slums have sprung up in between. The dwellers there will have to be provided alternative places and slums cleared”, he
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Merry Christmas to Mary Christmas THIS Christmas season it is Mary, the mother of Jesus Christ much more than the Holy Babe himself who fills my mind. This is not because I am a Catholic. I am not, but all my life I have endeavoured to be Catholic in my outlook, unfettered by the assumptions and barriers that human beings evolve and impose on others. Incidentally, I have always felt amused that Catholics and Protestants see Mary as a bone of theological contention denominational exclusion between them. I respect and emulate Jesus as a human person. I respect Mary too in a similar vein. God is the perfection of the virtues that comprise our humanity. If we can perfect these virtues we too will become God-like, without becoming Gods; for God is only one, the source of all that is and ever will be. Let me tell you why it is Mary, and not Jesus, who fills my mind at this time. On Nov 1, 2005, I started a yatra from Tankara in Gujarat — the birth place of Maharshi Dayanand — to Amritsar in Punjab. The purpose of this yatra was to raise people’s awareness concerning the abominable practice of female foeticide and infanticide resulting in an alarming imbalance in sex-ratio in most of our states. Census of 2001 has brought to light the depravity that has ensconced itself in our consumerist way of life. In some of our prosperous states, the sex-ratio is as low as 850 females to 1000 males. Christians must take note of the census at least during this Christmas season, if only for the reason that the background to the birth of Jesus was a census decreed by Caesar Agustus. But for this, Jesus would have been born in Nazareth, and not in Bethlehem. That would have been quite a different story! So, Jesus was born in Bethlehem because of Caesar Augustus. But he was born at all because of Mary. Humankind, and not merely Christians, would have been poorer without her courage. It is very likely that some self-styled well-wishers would have advised her to terminate what was, from a social and orthodox perspective even today — a very inconvenient and scandalous pregnancy. Mary must be hailed, respected and thanked for not conforming tamely to the norms that the society was eager to impose on her. Mary was, if you like, an outrageous rebel. She would not have mothered Jesus, if she were a nice and tame woman, enslaved by the norms and codes of the times. The all-important question is if the Christmas that we celebrate can really accommodate this liberating spiritual message. Is our Christmas, in other words, a religious affair or a spiritual celebration? As practically every social philosopher and psychologist has recognised, it does not take long for the social, political and religious systems we create to be oppressive. Whatever is created and controlled by man becomes hostile to human freedom. To that extent, there is a need to rebel against systems of tyranny. This becomes a spiritual duty. But the real issue is how can we make sure that our rebellion is spiritual and not anarchic? Mary, the mother of Jesus, would say at once that this could be done only by ensuring that our rebellion is spiritual. To do that, we need to ensure that we do not rebel willfully. The primary aim is not to rebel against man, but to obey God. In an ungodly and depraved religious establishment, obedience to God can only seem rebellious and anarchic. It is for this reason that, as Jesus said, prophets would necessarily be persecuted by their own people. The more corrupt a religious community is the more cheerfully it persecutes its prophets! Given the circumstances of Jesus’ birth, he could have been born only in a cattle-shed. But this is not something over which we need to be sentimental. We do not have to feel sorry for Jesus! Instead, we need to feel sorry for ourselves! Very likely, some of us were born in comfortable circumstances precisely because our mothers did not have Mary’s grit and spiritual freedom. Perhaps we know this intuitively. Why else do we celebrate this birth in a cattle-shed? Why do we feel such a deep sentimental affinity to this uncomfortable birth? Mary will tell you gladly and humbly that giving birth to one’s baby in a cattle-shed is a privilege and not a pain if that is the price a woman has to pay for obeying God rather than men. Our religiosity comprises almost wholly of mindless conformity to the authority of men. God is invoked, if at all, only as the icing on the cake. This is all the more so in respect of women. The name of God is often taken in vain; that is, for an ungodly purpose. That purpose is to sanctify and legitimise the will of man. Christmas has nothing to do with conformity. It is a festival of non-conformity! The Christmas Event took place outside the precincts of religion: far away from temples and churches. If so, Christianity is a spiritual vision that cannot be confined either to church compounds or to Christian communities. The foremost message I get from Christmas is that a spirituality that does not reach out to the wider world and respond in compassion to human needs is outrageously bogus. The birth of Jesus is, according to the angels, “tidings of great joy for all humankind”. That being the case, the meaning of this shaping event of history cannot be confined to a sect or community. That is why I feel privileged in being asked for a Christmas message. That a swami too is relevant to the Christmas Event is an insight that does justice to the spiritual genius of the way of Jesus. But it should not be that I am thought of because, as a swami, I enjoy a place of religious privilege. I claim nothing of the sort. But I welcome this invitation to share my thoughts with the readers as a sign that no one is outside the pale of the Christmas Event on account of one’s religion or status or location. That would be a small step towards consolidating the God-ordained spiritual rebellion in Bethlehem. May this Christmas bring peace to all people, especially to all women and, even more particularly, may it mean greater security to the innocent, unborn female foetuses in
India.
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Diversities — Delhi Letter ACADEMIC writer-columnist Professor Hussain Haqqani’s series of lectures in New Delhi during a brief visit this week dwelt heavily on the Indo-US relationship and Indo-Pak ties. As Haqqani put across along the strain that though India and Pakistan share a history of togetherness spanning more than 5,000 years, the last 58 years have been so turbulent. Haqqani’s family hails from Old Delhi. He was born in Karachi in 1956. But it’s for the first time that he visited India on a private visit. “I have been to India just once before when I was the Adviser to Nawaz Sharief; the occasion was the passing away of Rajiv Gandhi. I had come with the official delegation from Pakistan.” He has been an Adviser to three heads of government of Pakistan. He had also served as Pakistan’s envoy to Sri Lanka. But he has recently shifted back to academics.
He is currently associated with the Boston University, as Visiting Scholar at the Carnegie Endowment for International Peace and Associate Professor of International Relations. He has recently authored a book on developments at home, the very title of which spells out much — Pakistan: Between Mosque and Military. This week I attended his lecture at the India International Centre. I was delayed for his other lecture at the Jamia Millia Islamia because of the traffic snarls. I had to sit outside the packed auditorium. He took off by saying how Pakistan began on a note of insecurity. Despite poor resources, low literacy, it managed to write its Constitution rather late — in the mid-50s. “My book has this all…In those initial years, India’s reluctance to accept the validity and legitimacy of Pakistan. So it evolved with a lot of insecurity. Though Pakistan got 25 per cent of the population spill from India, it got only 17 per cent of resources. The literacy rates didn’t move up in 1947 — in India, it was 18 per cent and in Pakistan 16 per cent. In 1965, India’s literacy rate was 65 per cent and Pakistan’s only 35 per cent. Then, Pakistan’s leaders tried to emphasise on religion to forge nationalism. To further that sense of nationalism, they had to focus on a “common enemy” and demonising the other, saying that there is an enemy out there”. Haqqani stressed on the “whys” and “hows” Pakistan got to be an ally of “the US during the regime of Ayub Khan etc. Though the so-called “tripod” — religion, military and America — it tried to maintain its very survival. As he pointed out, the military predominance also arose from the fact that during the Partition, it got 33 per cent of the Army. Why can’t India and Pakistan share a healthy working relationship like the US and Canada, he asked. Canada and the US have nine major territorial disagreements. Yet, they live like two good neighbours with Canada having realised and accepted the US as a bigger power.
Hard facts about church property In the last few weeks, Dr John Dayal, who is Member, National Integration Council, President, All India Catholic Union President and United Even in Delhi, vast tracts of lands leased during the British rule to Church groups for educational institutions and hospitals have been usurped. Even cemeteries have not been spared; these now host beauty salons, garages and housing colonies — all illegal. No church denomination is immune. Even the Catholic Church has been in controversy in Bangalore, Chennai and some other metropolitan areas for the sale of historic land sites. The Church of North India and others are facing litigation and agitation from lay organisations. The Baptist Union of North India, which runs institutions on properties owned by the Baptist Church Trust Association is hard pressed to preserve some of the most historic institutions, including schools from the nexus of corrupt clergy and land mafia. Much of the Baptist property has been taken over by corrupt elements and the builders’ mafia is eyeing land in cities such as Patna, Agra and New Delhi.
Artistic objects from waste Though the city is flooded with events and happenings, a must-see exhibition is the one put up by Vivan Sundaram. Vivan is one of the best known artists of the country. Incidentally, he is the nephew of Amrita Shergil. The exhibition is at the Rabindra Bhavan. It’s on how to make artistic stuff from
waste.
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One who has control over one’s mind can achieve anything. One becomes aware of the great power within oneself and uses it for the greater benefit of all. One who is not aware, tries to use whatever little influence one has, to increase one’s own self-benefits. All things changes, when one becomes aware of oneself. — Bhagvad Gita No one can harm the one protected by Sai. — Kabir What good is the greatness of a man who cannot give shelter to others? He is like a tall tree which gives no shade. — Sanatana Dharma God alone, the Creator of this world-bewitching Maya, can save men from Maya. There is no other refuge but that great teacher. — Ramakrishna An angry disposition is ruinous. — Guru Nanak
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PAWAN Kumar Bansal was the much sought after man last week. An MP from Chandigarh, he was appointed Chairman of the four-member committee of the Lok Sabha to inquire into the most serious charge against the lawmakers in recent times. Ten members were seen on TV channels accepting money for asking questions; their conduct having sent shock waves throughout the country. Bansal was given seven days to furnish
his report and he did the job within the stipulated time.