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Iranian knot Spirit of Varanasi |
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Uncle-nephew parties Sena cub yet to reveal stripes WHILE it is premature to speculate on the character or prospects of the party floated by Shiv Sena boss Bal Thackeray’s nephew Raj Thackeray, this is typical of the trend in political, and corporate, families.
Rights of victims
Those college days
Just 1,200 tigers left? Budget ignores farm realities
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Iranian knot AS decided by the International Atomic Energy Agency on February 4, the report of its chief, Mr Mohammed El-Baradei, on the Iranian nuclear issue has finally reached the UN Security Council. His hopes of a negotiated settlement, which he expressed during the international nuclear watchdog’s latest meeting that concluded on Thursday, were dashed to the ground. The US and the European Union-Three (the UK, France and Germany) refused to budge from their oft-repeated stand that Iran could not be allowed any kind of uranium enrichment activity. Their opposition is based on the discovery that Iran has been clandestinely engaged in a nuclear bomb programme despite being a signatory to the Nuclear Non-Proliferation Treaty (NPT). This, however, does not mean that the Security Council will now initiate a process of imposing sanctions on Iran. How the world community will proceed on the sensitive subject may be known next week. There is still scope for dialogue. In the opinion of Mr El-Baradei, “This is simply a new phase of diplomacy, an extension of diplomatic efforts to find a solution” to the crisis which most of the parties involved wish to be defused through negotiations. That is why dialogue is being given the maximum opportunity to succeed. Hopes remain pinned on the Russian initiative, which has it that the Iranians can be allowed to carry on peaceful nuclear activities in Russian territory under an arrangement with Moscow to exercise their right under the NPT. A kind of understanding appeared to be emerging during the recent negotiations between the two sides, but with a little variation. Russia was inclined to allow Teheran to carry on very low-grade nuclear research on Iranian territory, perhaps to satisfy the Iranian ego. But this was not acceptable to the US and the EU-Three, and the standoff could not end. There is need to initiate fresh dialogue on the Russian proposal. Diplomacy even at this late stage can help prevent the situation from taking a turn for the worse.
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Spirit of Varanasi IT is commonplace for terrorists to bandy about the name of a new outfit after a bloody strike. The responsibility for the Varanasi blasts has been claimed by an unknown Lashkar-e-Kahar, which literally means “an army of havoc”. This could be a smokescreen or just another pseudonym for Lashkar-e-Toiba, which is suspected to be behind the outrage. The name does not matter, what matters is the beastliness of their deed. By shedding the blood of innocents, they have done no credit to the cause they claim to espouse. The aftermath of the blasts has not gone the way they wanted. For one thing, the Hindu-Muslim confrontation they apparently aimed to cause just did not materialise. On the contrary, persons of the two communities helped each other in Varanasi, in keeping with the “Ganga-Jamuni” culture of the temple town. This show of camaraderie should also deter the netas out to make political capital out of the horrifying incident. Not only that, they have not even been able to cause a scare among the public. The way the people thronged the eternal city was glorious proof that the forces of evil can never vanquish those of good. Why, there were large crowds even at the Sankatmochan temple where a bomb had been exploded! This should have been a lesson for the killers. However, it is unlikely that the minds blinded by hatred will learn such a lesson. For all one knows, they may be planning a similar show of cowardice this very moment. It is the government, which has to keep itself ever ready to tackle the mischief. Reports about operatives from Bangladesh joining those from Pakistan in carrying out such dastardly operations are disquieting. Security agencies will have to be permanently on their toes to meet the challenge. That is the cross every civilised society has to bear.
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Uncle-nephew parties WHILE it is premature to speculate on the character or prospects of the party floated by Shiv Sena boss Bal Thackeray’s nephew Raj Thackeray, this is typical of the trend in political, and corporate, families. Some merge for larger acquisitions, others split or diversify. Whether the wealth sought to be generated is political or financial, the impulses stem from the same root — ambition, to be a bigger and more powerful, not necessarily a different or alternative, entity. Mr Raj Thackeray’s branching out is no different. He left the Shiv Sena, some three months ago, not due to any differences over ideology or policy. He broke away because he felt constrained — at being upstaged by the Sena chief’s son, Uddhav — and feared losing the expected political estate to his cousin. The choice confronting him was to either continue in the Sena and play second fiddle to Uddhav or take his chances by striking out on his own. His first appearance in the new avatar, as founder of the Maharashtra Navnirman Sena, does not inspire any great confidence that the new political outfit will be a great departure from the parent Sena. Mr Raj Thackeray has retained “Sena” in the new party’s name. This suggests that, to begin with, his objective is limited to win over the same vote bank on which the Shiv Sena thrives. The decision to contest elections, next year, to the Brihanmumbai Municipal Corporation, now controlled by the Shiv Sena, only confirms that his primary opponents are not the Congress or the Nationalist Congress Party, but the parent Sena. The cloning glory is that he continues to keep up the conspicuously cultivated look and mannerisms of the original Thackeray, even while his party has purloined “Navnirman” from a movement that was not founded on a personality but on democratic issues. During the last elections to the Bengal Assembly, Chief Minister Buddadeb Bhattacharji had said that the only alternative to the Left was a better Left. Now, all that young Raj needs is to come up with a cracking line like that.
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The man who has done his level best... is a success, even though the world may write him down a failure. — B. C. Forbes
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Rights of victims TODAY the purpose of the criminal justice system seems to be confined to ascertaining the guilt or innocence of an accused. The role of the victim of a crime is restricted to that of a witness for the prosecution even though he or she has suffered harm — physical, mental, emotional, economical or impairment of fundamental rights. As the main aim of the legal process is to promote and maintain public confidence in the administration of justice, there is need to give a well-defined status to the victim of crime. His interest in getting the offender punishment cannot be ignored or completely subordinated to the state control. Neither at the stage of the framing of a charge or passing of an order of discharge are the views of the victim ascertained, let alone considered. He is not to be consulted during the trial. Even after the case ends up in a conviction, it is the state that defends the judgement of the trial court in appeal, if any, filed against the conviction and sentence. It is necessary to give a central role to the victims of crime, as otherwise, the victim will remain discontented and may develop a tendency to take law into his hands to seek revenge and pose a threat to the maintenance of rule of law essential for sustaining a democracy. We have inherited the adversarial system of common law from the British. In this system, the accused is presumed to be innocent and the burden of proving his guilt beyond reasonable doubt lies on the prosecution. The accused also enjoys the “right of silence” and he cannot be compelled to answer the queries. In this system, truth is supposed to emerge from the respective version of the facts presented by the prosecution and the difference before a natural judge. The judge, as a referee, decides whether the prosecution has been able to prove the guilt of an accused beyond reasonable doubt. The system, per se, seems fair, but viewed from the victim’s perspective, it is heavily loaded in favour of the accused. It is insensitive to the victims’ rights or their plight because generally the judge in his anxiety to maintain his position of neutrality, fails to take initiative to find out the truth. There are some “illusory” rights available to the victims, but those are grossly inadequate. The victim of crime has hardly any role to play in the entire proceedings except that he may, if alive, be examined by the prosecution as a witness. Strangely, though a victim, who suffers at the hands of the accused and moves the state through the police or the courts to seek justice, is given the impression that after having lodged the report or the complaint, he is a “Mr Nobody”. An indifference to the rights of the victim of crime is fast eroding the faith of society in general and the victim of crime in particular in the criminal justice system. This has given rise to the incidents of crime and lawlessness, in the form of terrorism. Right to bail is regarded as a right of an accused with no corresponding right available to the victim or his heirs to oppose bail. It is left to the state only to oppose or support the grant of bail. In the Code of Criminal Procedure and the Evidence Act, if there are gaps or faults in the investigation, the benefit generally goes to the accused. This is because the right of the accused takes precedence over the victim’s right. However, a victim of crime has a stake in the result of the offender’s trial. It will humiliate a victim if the offender goes unpunished or is let off with a relatively minor punishment. In Bheru Singh versus The State of Rajasthan, the Supreme Court aptly said: “…The courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and society at large while considering imposition of appropriate punishment”. Under the Code of Criminal Procedure, a victim has got a very limited right of reservation, that too, under exceptional circumstances. It requires a fresh look. An accused has the statutory right to be heard on the question of quantum of sentence after conviction is recorded, but a victim is not so heard. A victim of crime has hardly any guaranteed right except may be of getting some assistance by way of payment of compensation, but even here the statutory provisions are grossly inadequate. These provisions suffer from inherent limitations and are invoked grudgingly, sparingly and often inconsistently by the courts. Of course, the Supreme Court has exhorted criminal courts to take recourse to the provisions since “this power was intended to do something to reassure the victim that he or she is not forgotten in the criminal justice system”. The Law Commission has recommended a comprehensive scheme of payment of compensation for all victims fairly and adequately by the courts. This needs to be implemented in right earnest. Award of fair and reasonable compensation to the victim of crime will act as a balm on his wound and may deter the criminal from committing the crime. A permanent mode of compensation has to be worked out. There is a fund for payment of compensation to victims of crime in Canada, Australia, New Zealand, United Kingdom, under the control of a board. We too need such a fund to assure the victims of crime that “we care”. Tamil Nadu has already created a Victim Assistance Fund. A beginning can be made by bringing about a model legislation based on the UN Declaration of 1985 and by setting up a fund for payment of compensation to the victims of crime under an independent Board. The state government, which created the fund, should be entitled to reimbursement from the offender or the guilty party in the same manner as a decree holder. Victims of crime today feel left out, ignored and are crying for justice. Let us hear their loud cry today. Tomorrow may be too late. There is an urgent need to take a fresh look and recognise the rights of the victims of crime in the criminal justice delivery system. The writer is Chairperson, National Human Rights Commission. The article has been excerpted from his inaugural address at a seminar on “Rights of the victims of crime and their effective rehabilitation” held at India International Centre, New
Delhi.
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Those college days ABOUT four years before his death, I along with my wife had gone for medical consultations to Dr Chuttani. His famous clinic was located close to the fountain in Sector 17, Chandigarh. Just as we were leaving we came across a graceful old Mrs Mangat Rai seated close to the legendary doctor’s office. She immediately recognised my wife whom she was meeting after 50 years. Greeting my wife “Oh Veryam”, she insisted that we must visit her at the local YWCA Hostel the same day as she had a lot to talk about the old days in Simla. At the hostel, as soon as we had tea offered by her, she lost no time in narrating her days in Christchurch college at the Ridge, where she served as Vice-Principal teaching English. My wife was her favourite student. She guided my wife in participating in the plays held in the Gaiety Theatre. I knew that she knew my father-in-law well and was fond of food preparations from his hotel and so was her late husband, Mr Mangat Rai of the ICS cadre. Since our arrival in her room I had got an impression that she was keen to say something which would be a surprise old time narration for me. She had attended my marriage reception party while she was a young graceful lady, years ago. She slowly started recalling the days when she came to know that her second year student, Veryam was getting engaged to a seafaring lad in Mumbai. While she had welcomed the news she had apprehensions about the future course as my father-in-law was known to be a very conservative person who did not like that her daughter and his to-be son-in-law should meet each other or talk to each other except after marriage. She remembered how twice I came to her class outwardly to hand over a book to her. She knew that it was a fake excuse to meet each other but still she allowed the brief meetings! She had realised that since Veryam’s father’s hotel located close by, the boy could not venture to meet her on the road. We were to say the least, was surprised by her utter sincerity and clarity of this narration which was so dear to our heart. After all, who does not want to hear about one’s own younger days from an eminent lady. My wife had instrumental music as her subject Mrs Mangat Rai was alert enough to enquire from my wife about the sitar taken by her to Mumbai after her marriage. She had her own ups and downs in her life. Mrs Mangat Rai in her parting smile humorously and pleasingly remarked that she never regretted allowing bonafide youngsters pursing their quarries right into the class
rooms!
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Just 1,200 tigers left? IS the tiger crisis for real? It certainly is! And what makes it worse and more threatening is the fact that the government continues to not only ignore, but to outrightly reject this stark reality by calling it a mere hype created by some NGOs to deliberately embarrass the government. A deft use of the government’s vast powers and the sole jurisdiction over all the forests and wildlife have been repeatedly used to keep critics in check. Those who do not fall in line are freely labelled as “poachers” and “impostors” and browbeaten into submission. Even giants among NGOs have buckled under such pressures. A few others have found a better way out. They have started “batting” for the government and eagerly offer justifications for most adverse happenings that not too long ago would have been viewed as serious management lapses.
The stranglehold of the government is so complete that no outsider, however experienced he or she may be, can express an opinion that may be at variance with the official position maintained by the government, without being questioned: how the hell do you know? After all it is the government that has the sole jurisdiction over forests and wildlife. The authority to manage them is also the exclusive right of the government. Monitoring progress is again government responsibility. So when the government periodically declares the evidence of its success in terms of increasing tiger numbers, how can any outsider raise questions? And those who even meekly raise doubts are promptly made to fall in line through various “persuasive” means. Under these circumstances, it would be suicidal to express a view that is not only different, but also completely opposite of the government stated position. At the same time, unless someone bells the cat to convince the government that its belief is flawed, vital remedial action now needed cannot be expected. So here it is. Most wild lifers with hands-on experience in the field would agree that to arrive at a realistic tiger population figure in an area, a periodic census, as carried out by the Forest Department, is really not necessary. If forest guards carry out daily monitoring in the manner in which they are expected to, they would know exactly how many tigers are in their area of responsibility. My own experience indicates that the majority of our forest guards deployed in remote beats of our protected areas know exactly how many tigers — males, females and cubs — either live in or transit through their area of responsibility. They may have received no formal training, but their practical field experience has made many amongst them great repositories of grassroots field knowledge. I cannot state the same with equal conviction for the higher supervisory staff. Exceptions are there in both categories as is to be expected in all professions. It would, therefore, be logical to assume that the information regarding tiger numbers in a given area would be generated fairly accurately at the grassroots level. If distortions do take place, they do so at higher levels. The fact that these distortions invariably; project exaggerated figures, these CANNOT be accepted as inadvertent mistakes, but are most definitely deliberate manipulations. If one looks at the progress of tiger conservation in the country purely from the population figures projected by the government from time to time since 1972, there should not have been a crisis today. The fact that there is one, only confirms that the government’s projection of rising population figures was blatantly wrong all along. In a few cases the rise projected by the government was even beyond the realm of biological possibility. It is most surprising that even the overactive scientific community that has been critical of all traditional wisdom that at the face of it, is not science, never questioned the government when 1827 tigers in 1972 became 4334 by 1989, a period of mere 17 years! Given below is my perception of the remaining tiger population in the following areas. My perception is based on evidence both direct and indirect, seen during repeated visits in the last eight years, discussions with some of the most knowledgeable persons in the country and as per feedback received from local NGOs and individuals who have decades of intimate association with their areas of interest. While I do not claim that the estimates given in the accompanying table are entirely correct, I genuinely believe that they will prove to be reasonably close to the truth. It is a common belief that while about one-third of the total tiger population of the country is found in the country’s 27 tiger reserves, another one- third is found in protected areas that are not tiger reserves. The remaining 33 per cent are said to be living in territorial forest divisions that are outside the network of protected areas. This belief may have been correct two decades ago but is entirely incorrect in the current context. The tiger population living outside the protected areas network has suffered the maximum brunt of poaching in the last two-three decades and has been practically decimated. What remains is confined to just a few territorial divisions that are on the periphery of some major tiger reserves and their combined tally would not exceed 10- 15 per cent of the total tiger population of the country. The estimations given above do not cover the entire tiger habitat of the country. If I extrapolate the mismatch between claims and my perception of reality, the entire tiger population of the country will work out to about 1,200 plus/ minus 200, i.e. around 30 per cent of the population being claimed! After what I have stated, it may be meaningless to say that I have no desire to embarrass the government by bringing in a completely different view. However, this is an honest straight forward opinion and I will be the happiest if I am proved wrong. |
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Budget ignores farm realities THE Union Budget for 2006-07 has turned out to be another damp squib for the agriculture sector. What the government has omitted in the Budget is far more significant than the small mercies it has purported to bestow. Finance Minister P. Chidambaram has not announced any innovative scheme that directly helps farmers and farm workers improve their income. The waiver or reduction in excise duty on processed foods, for instance, may or may not help farmers. It is anybody’s guess whether the food processing industry would fully pass on the benefit of duty cuts to consumers, thereby stimulating demand for agricultural commodities. Likewise, no mechanism is in place to ensure that the processing industry would indeed pay higher prices for commodities to farmers in view of the increased demand for processed foods. Investment in agriculture-related infrastructure such as the new scheme for renovation of water bodies, increase in irrigation outlay and promise to pump more credit into agriculture are stale news for farmers. These are long-term investments and may benefit only those who have access to infrastructure and resources. Stepping up investment in such projects does not help farmers grapple with pressing problems. Most Indian farmers, as consumers, may not stand to gain much from easier and cheaper availability of pasta and MP3 players. Still fewer may have the cash to buy small cars whose prices have dropped due to excise cuts. Except for the modest 2 per cent interest subsidy on farm loans taken in 2005-06, there is no other scheme that provides direct benefit to farmers. And this is small change when compared to the multi-crore bonanza that businesses reap by routinely entering into loan restructuring deals with banks and financial institutions without recourse to the Union Budget. The Indian grower cannot and must not care for such sops. He wants a level-playing field with the industry for grant of all fiscal, non-fiscal benefits. Farmers want new opportunities within agriculture and allied sectors to increase production and income. The fertiliser industry has already expressed its shock and dismay for inadequate allocation of funds for subsidising indigenous fertilisers. The subsidy shortfall in 2006-07 is estimated at Rs 4,000 crore. Does this mean increase in fertiliser prices in the coming months? The need for adequate and timely supply of all farm inputs at affordable prices has not been addressed by the government. There may perhaps be disruption in the availability of plant growth regulators following the government’s decision to bring them under the retail sale price-based method of levying excise duty. The agricultural community is disappointed at the fact that there is hardly any action on the package of recommendations contained in the presentation that the National Commission on Farmers (NCF) made before the National Advisory Council (NAC) on October 29, 2005. The NAC has emerged as the Government’s think-tank for development initiatives and social reforms and is headed by Mrs Sonia Gandhi. The NCF recommendations include setting up an agriculture risk fund for providing relief to farmers battered by floods/ droughts, enacting a National Food Guarantee Act to benefit both farmers and consumers and the setting up of a National Biofuel Board. The national project for blending bio-diesel with high speed diesel (HSD) has been virtually forgotten. In fact, both the agriculture and industry sectors were expecting the Finance Minister to announce a national bio-diesel project.
**** The writer is a former Director, Agriculture, Punjab
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From the pages of Muslims’ separatist game It is impossible to think of a more complete or more brilliant contrast than that presented by the manly, dignified and essentially patriotic statement which has just been issued by a number of distinguished Indian leaders headed by Sir Tej Bahadur Sapru and Mr Srinivasa Sastri to the speeches made by the Aga Khan and other Muslim leaders at a farewell reception given to them by the National League on Monday evening. The latter wanted everything for their community, that is, according to their own conception of what was good for it. “All that we ask for,” said the Aga Khan, “is our full and proper place in the sun. We, Muslims, extended the hand of friendship with sincere goodwill and it is for the people of England to decide to take it or leave it.”
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When your mind is calm like a mirror, you will see the spirit reflected in it. — The
Upanishadas There can be no friendship between cowards, or
cowards and brave men. — Mahatma Gandhi
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