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Karunanidhi’s move New consensus in Lanka Not through violence |
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Musharraf’s faux pas
Music lessons
Keep out creamy layer Security Council should act on Burma Inside Pakistan
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Karunanidhi’s move The communication by Tamil Nadu Chief Minister M. Karunanidhi to all the chief ministers to implead themselves in the Supreme Court case on reservations cannot be legally faulted. But the issue can snowball into another controversy between the legislature and the judiciary. In the constitutional scheme of things, all laws enacted by Parliament or state legislatures are subject to judicial review. Though the states have the right to defend a piece of legislation in the judiciary, it is for the court to examine its constitutional validity. This is mandated by the Constitution. In view of the sensitivity and seriousness of the issue, political parties and constitutional functionaries like the Chief Ministers need to tread with caution. They ought to act with sobriety so that all the three wings of the Constitution —the legislature, the executive and the judiciary — function in a spirit of harmony and understanding in accordance with the provisions of the Constitution. Nothing should be done that would disturb the delicate constitutional balance and inflame caste and communal passions. Mr Karunanidhi has sought the cooperation of his counterparts in other states to make their governments a party to a Supreme Court case where Tamil Nadu would be defending its overall 69 per cent job and education quota for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes. He says that “a joint fight” would also help other states protect their own quanta of reservation. In a ruling on October 19, the apex court not only reiterated its earlier ruling of capping reservation at 50 per cent but also extended the concept of creamy layer to the SCs and the STs. The Tamil Nadu Reservation Act (1994) does not exclude the creamy layer. The Jayalalithaa government included it in the Ninth Schedule of the Constitution to give it immunity from judicial review. However, Voice Consumer Care, an NGO, has questioned the Act’s constitutional validity in a petition which will be heard by a nine-judge Constitution Bench of the Supreme Court on October 30. Mr Karunanidhi has now called for referring the matter to a Bench of 13 or more judges. Clearly, the issue needs to be handled with care and restraint to protect the delicate constitutional balance.
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New consensus in Lanka The bipartisan agreement signed between the ruling Sri Lanka Freedom Party (SLFP) and the opposition United National Party (UNP) is a historic landmark, as significant as it is rare in conflict-riddled South Asia. The pact between the two dominant parties – to work together on all key issues vital for the well being of Sri Lanka — is a major political advance that holds out hope on many fronts: of resolving the Tamil-Sinhala conflict based on a southern consensus, of political stability and continuity, and revival of the economy that has been wrecked by over two decades of war and violence. Viewed in an international perspective, the historic accord is reminiscent of the grand coalitions that were forged in some countries of Europe to meet the awesome challenges of post-War revival. The cornerstone of the pact sealed between President Mahinda Rajapakse of the SLFP and former Prime Minister Ranil Wickremesinghe of the UNP is a Memorandum of Understanding. A key element of the MoU is a preliminary agreement on the ethnic issue, which is to be finalised through further deliberations. A second important element is the acceptance of the principle of federalism. The MoU lists six subjects as the exclusive preserve of the national government, leaving the rest to be administered by the regions. These two elements provide a sound basis for a negotiated resolution of the ethnic conflict. At the same time, it is a safeguard against the radical Sinhala nationalist forces, which out of hostility to legitimate Tamil aspirations, are clamouring for a unitary state. This is a shot in the arm as much for President Rajapakse as for Mr Wickremesinghe and a political boost for moderate mainstream political forces in Sri Lanka. The former is no longer a hostage to Sinhala parties like the Janatha Vimukti Peramuna (JVP) and Janatha Hela Urimaya JHU). Mr Wickremesinghe, who has placed national interest above party preoccupations, can now pursue the peace agenda he had initiated while in office. Both the UNP and SLFP may also no longer need to poach on each other and engineer defections given the greater and binding objectives of the MoU. These bode well for the country and would be welcomed in India.
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Not through violence The Shiromani Gurdwara Prabandhak Committee is a respected, representative body of Sikhs to control the Harimandir Sahib and other important historical gurdwaras. Since its formation in 1920, it has provided a focal point for the movement for the reformation of Sikh religious places and institutions. Because of its all-encompassing command over Sikh affairs, it enjoys tremendous power and clout. By its very nature, it is supposed to be non-partisan and inclusivist. This reputation can get dented if it tends to be partial towards any political party, faction or person. No doubt, the gurdwaras have always had control over the physical as well as metaphysical affairs of the community. But overt politicisation has been its bane over the years. In normal course, the government is not supposed to meddle in its affairs. But when the situation deteriorates to such an extent that a conference held in a public place turns into a law and order problem, it is open to the government to take proper action under the law. Unfortunately, that is exactly what happened during the 500th birth anniversary of Baba Budhaji on Wednesday at Kathunangal, when leaders of the Shiromani Akali Dal (Badal) and the Shiromani Akali Dal (Amritsar) fought unabashedly. It was an ugly spectacle that cannot win public praise for the SGPC. Lathis and swords were freely used. Many leaders’ turbans, which are a symbol of a Sikh’s pride, went flying. Whoever was at fault — irrespective of affiliation — should feel sorry for it and make sure that such incidents are not repeated. It is no secret that there is no love lost between various factions of the Akali Dal. But they owe it to the SGPC to settle these amicably by talks, without taking recourse to fisticuffs, lathis and swords. All the more so, the SGPC should stay above such dirty politics. As it is, it is receiving a lot of flak for getting over-politicised. It must inch back to the exalted position which was originally carved for it.
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As the family goes, so goes the nation and so goes the whole world in which we live. — Pope John Paul II
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Musharraf’s faux pas
General Musharraf providentially escaped two attempts on his life but has shot himself in the foot “In the Line of Fire”.
Writing of events in 1983, he blandly asserts that the Siachen glacier “belonged to us”. This is at complete variance with the Karachi Agreement that delineated the Cease Fire Line in July 1949 under UN auspices. This mother agreement was revalidated in December, 1972, as the Line of Control. The Karachi Agreement admits of no ambiguity. It demarcates the CFL/LOC beyond Khor up to NJ 9842, “thence north to the glaciers” and specifically rules out any no-man’s land. Three Pakistan Army maps are reproduced by the General on Pages 89, 92 and 94 of his book. These depict military positions on either side of the LOC, the 800 sq km of “Indian occupied territory” that had been captured by May 15, 1999 across the LOC by the “freedom fighters” (read Pakistan Army units), and “the positions held by our (Pakistan) troops on July 4”. The General admits “we had lost some ground in the Dras, Battalik and Shyok positions” but boasts that “the Kaksar and Mushkoh ingresses remained untouched”. The three maps also depict NJ 9842 but show the LOC running not north but northeast in a straight line to the Karakoram Pass. How does the General or anyone in Pakistan explain this line, drawn in flagrant violation of solemn agreements? However, look again at the General’s three maps. NJ 9842 is clearly marked. Now ask any schoolboy to draw a line running due north, “thence north to the glaciers”, from this point. Virtually all of Siachen, also depicted on these maps, falls on the Indian side of the LOC. If anybody is to be court-martialled, it is unlikely to be somebody from Simon and Schuster. Troops may (indeed should) be withdrawn from Siachen-Saltoro and redeployed and the area demilitarised. But the LOC, established by treaty, cannot be unilaterally redefined. Turning to Kargil, the General’s version is that the Pakistan Army decided to respond to longstanding “creeping attacks” by Indian forces across the LOC. From this he goes on to say that “freedom fighters”, including “freelance sympathisers from Pakistan”, decided in January, 1999, to move into the forward positions annually vacated by the Indians during winter and by May had occupied 800 sq km of Indian territory, moving into it from the Pakistan side. (This fiction was projected in 1947 and repeated in 1965 and thereafter). The Pakistan Army moved up behind to “dominate” the liberated areas and prevent any Indian hot pursuit. Complete secrecy was maintained to prevent any give-away, and information was vouchsafed on a “need to know” basis. Nawaz Sharif, then dizzy with his own climb towards absolute power, was informed that something was happening. He probably did not comprehend the true magnitude of the caper and the implications of such a gross betrayal of the peace process initiated as a result of the Lahore Agreement. What the General leaves out is utterly self-serving. His famous taped conversations with his Chief of Staff, General Mohammad Aziz, and with Nawaz Sharif, that were intercepted by Indian Intelligence and replayed in Delhi, are revealing. The Pakistan Army had the so-called freedom fighters “by the scruff of the neck” and could “regulate” them at will. Further, in any discussion with the Indians, Pakistan must insist “we are sitting on the same LOC since long”. Contrast this with the contents of diaries of Pakistan military officers captured by the Indian Army along the Kargil heights. Captain Hussain Ahmad of the 12 Northern Light Infantry records that elements of his unit crossed the LOC in the Mushkoh sector February, 1999. He describes the intrusion as a move to establish “a new LOC” and quotes General Musharraf, who visited his sector on March 28, as saying that the operation was “a reply to India’s Siachen invasion of 1984”. Captain Ahmad adds that he was involved with “ISI pers” in making a movie of “mujahideen” victoriously overcoming Indian troop in close combat. (See Kargil Review Committee Report). The General has high praise for the gallantry of the NLI, which took heavy casualties. Yet he disowned his own dead and the Indian Army was left to bury them with Islamic rites and full military honours. At least one body of a Pakistan officer was subsequently exhumed and sent back to his sorrowing widow. The Pakistan media recounted how military vehicles would appear at night in Northern Area villages and dump shrouded bodies unsung on the doorsteps of the bereaved. (“The Herald”, Karachi, July 2000). The General, who calls his uniform his “second skin”, sent his men into battle but turned his back on those that fell under his command. Hardly the conduct of a victorious General of a victorious Army. However, “In the Line of Fire” portrays the General as the greatest living hero in Pakistan. So great was his popularity that he decided to “transfer” some of this to his new Party, the PML(Q) by holding a referendum to validate his Presidency. The “referendum”, he admits, was rigged
(P167-168).
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Music lessons
SIR, his name is Dharampal, he will be your saxophone teacher. “Dharampal, play something”, said Mr Sekhri, my Man-Friday from the department. Dharampal took out his worn saxophone from an equally worn wooden case and started with the tune of “Bedardi baalma tujh ko mera man yaad karta hai.” Can you play “Tere mere sapney ab ek rang hain…”? and he played that too. Thus began my training in music about a year back. He would come to our house on an old scooter 3-4 times a week. Gradually, the music sessions started being followed by philosophical deliberations. I noticed he had keen observation; and also that he was passing through a rough patch. “How much are you able to earn?” I asked him. “Don’t know, but I am pulling along. But there were times saxophone and I used to be very popular. Now people only want loud beats. Times of finesse are gone. My father played very good trumpet in Lahore; then we migrated in 1947 and he started his own band in Patiala; we have seen good times.” One Sunday I visited his house and came back disillusioned. “How can there be such a mismatch between the commitment of a man to excellence and the condition of his house?” The question kept ringing in my head for days. Just four walls in exposed brick and a tin roof; an oven in summers and a rattle box in rains. “Why have you not managed your affairs well?” He looked blank. Then an expression of apology for his family moulded his face. “I have just played music all the time. As a child, I would lock myself up in a room and play trumpet five hours at a stretch. My mother would often say, ‘Come out or you will die blowing out all the air out of your lungs’,” he said. The visible contradiction opened my eyes to a deeper truth. Here was a man who carried all his wealth with him wherever he went and never felt insecure. My initial pity turned into reverence. Then one day I looked at his face and told him, “Soon your destiny is going to take a turn for the better.” “Why do you say so?” “Because you have toiled enough.” He looked at me disbelievingly. The river on the mountain top has to rush down to its destiny and make a way if one didn’t exist. It has to jump over the rocks, dance over the tree tops and exhibit the bliss that nature bestows upon the toil for excellence. Soon he got an offer from CITCO, bought clothes for his wife and children and a mobike on instalments. Now he plans to replace his tin roof with a
lintel.
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Keep out creamy layer The social and economic upliftment of the backward classes and castes is the moral, social, political and constitutional responsibility of the State. But the question which every conscious citizen of the Indian Republic should ask is: To what extent have we been able to attain this goal? Reservations in Parliament, Assembly, Panchayat Raj Institutions, public sector employment and educational institutions have existed for the last 55 years. The share of organised sector employment (both public and private) in India is just around 9 per cent and reservation is focused on that. The irony of the situation is that there is hardly any study aimed at taking stock of the situation and see just who has benefited from such a reservation. The Supreme Court’s latest ruling, on the various petitions challenging the 77th, 81st, 82nd and 85th Constitutional Amendments, upholds the validity of all the four Amendments. It means SCs and STs would continue to get double benefit of reservation: one, at the time of recruitment in government/semi-government jobs and another at the time of promotion. The Supreme Court, however, has decided to apply the principle of “creamy layers” to promotions. This means “creamy layers” within the SCs and STs employees would not be given the benefit of reservation at the time of promotion. Even this is not acceptable to the political parties of almost all shades i.e. ‘left’ and ‘right’. It simply displays their political bankruptcy. According to the CPM Politburo,” … It is unfortunate that the court has ignored the social reality while pronouncing judgment on such a vital issue”. TDP leader Chandrababu Naidu said that “the creamy layer criterion is not acceptable to us”. Punjab unit of the BSP has, however, hailed the Supreme Court ruling regarding upholding the principle of “creamy layer”. Without doubting their commitment to the cause of socio-economic upliftment, one may like to raise a couple of questions in this context: Has the benefit of reservation trickled down to the more oppressed sections within the SCs and STs? Is it not that a microscopic minority within these castes have been monopolizing all the benefits of reservation? Is reservation a solution to the problem of social backwardness? Has any study tried to answer these and many other questions? The government should first commission a time bound study to answer these questions. It should also study the reservation-experience of other countries. Only after that it should be decided whether to continue or discontinue with the present policy of reservation. In the background of available observations and evidence one would, however, like to say that the present policy of reservation might have benefited the SCs and STs during the first three decades of reservation policy. But later on their children have been by and large cornering the benefits. This means that more deserving but less aware people within them are being deprived of the benefits. It is in this context, that the State and the political parties are not interested in uplifting the poorest of the poor within the SCs and STs. They are only concerned with their vote bank by pampering the well-off among them. In the present framework of reservation, those left-outs would continue to be backward, both socially and economically. And it is here that the principle of “creamy layer” is relevant and the Supreme Court is right in its ruling to keep out the creamy layers out of reservation as far as the promotion is concerned. In this context, it is pertinent to note the experience of Yadavindra College of Engineering, Talwandi Sabo, Punjab (established by Punjabi University, Patiala and meant for the poorest of the poor from the rural area) where 56.25 per cent S.C. and 80 per cent B.C. students have come from those families who never got the benefit of reservation before. And amongst those families, who availed the benefit of reservation 80 per cent were able to get a Class IV job only. It speaks volumes about the so called ‘success’ of reservation policy. It is in this context that one would like to differ with the Supreme Court ruling and the stand taken by the political parties. The yard stick of the creamy layer would have to be decided against the ground reality. The average annual per capita income in India, at current prices, in 2004-05 was Rs 23,222 and a family of five persons would be at the average if it earns Rs 1,16,110 per annum. Going by this average criterion, the Government and the Supreme Court can safely decide that any person/family that by getting the benefit of reservation attains this or higher level of income is to be treated as creamy layer. And this creamy layer would be out of reservation so long the last person in the SCs and STs is not brought above that average level of per capita income. As regards reservation in promotion, it has got no logic at all. The State, Court, political parties and society should also try to look beyond that. About 72 per cent population and 77 per cent workforce of the country is still living in rural India. Out of the total rural workforce 39.50 per cent are cultivators and 33.20 per cent are agricultural labourers. The latter category as a whole needs reservation but it continues to by-pass them. As regards cultivators, all those upto the semi-medium size of holdings (up to 10 acres) and who are wholly dependent on agriculture and allied activities deserve the benefit of reservation. The most formidable question would, however, be that will crutches of reservation prove to be a long term solution to the social and economic backwardness? As far as the social backwardness is concerned, the answer would be a capital NO. As regards economic backwardness, the answer may be a partial yes but that too in the short run and in the absence of “principle of creamy layer” it would only benefit the relatively better off sections among them. The State must recognise that millions of school-going children join the ranks of drop-outs — most of them from socially and economically backward classes. Reservation shall not provide any solution to this problem. There must be a two-pronged strategy to deal with this problem: provide free education to children from these sections and give a supporting allowance to the parents of such children so that they could afford to do without the supplementation of income earned by their children. The global historical experience shows that the solution to socio-economic backwardness is empowerment through the provision of quality education and better health services rather than caste-based reservation. Good, transparent and corruption-free governance, with people at the central stage of the development agenda, are the other pre-requisite to address the problem of social and economic backwardness.
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Security Council should act on Burma Last month the U.N. Security Council formally discussed the situation in Burma, also known as Myanmar, for the first time. For Burmese people such as us, who live under the country’s oppressive regime, this was a welcome development. The Security Council discussion is incredibly important. Over the past 10 years we have watched with dismay as our country’s military ruler has repeatedly hoodwinked a stream of U.N. envoys and ignored the world body’s actions. Twenty-eight resolutions from the U.N.’s General Assembly and its former Commission on Human Rights, four consecutive human rights special rapporteurs and two successive special envoys representing U.N. Secretary General Kofi Annan have failed to produce political change, dialogue or national reconciliation in Burma. Meanwhile, much of the world has failed to understand the gravity of the crisis in our country. It is shocking that the Security Council has taken so long to get involved. No fewer than 3,000 villages have been destroyed or dislocated by the military regime in eastern Burma in the past decade. During the regime’s systematic attacks on ethnic populations, women have been raped, children conscripted as child soldiers and rice supplies burned. Recently the regime instituted a practice of using soldiers’ bayonets to pierce the bottoms of rice bowls, leaving villagers unable to cook their most basic foodstuff. Fleeing the cruelty of this regime, leaving smoldering villages behind, our fellow citizens run for their lives, often to inhospitable territories where the junta awaits. The cycle of terror seems without end. Because of the regime’s practices, mortality rates in eastern Burma have risen to the levels of the worst conflict zones in Africa. Children are chronically malnourished, infant mortality rates are soaring, and the most common ailments have become death sentences for thousands. We know the Security Council has responded to other cases in which there are horrendous problems with refugees and internally displaced populations, in which rape is widespread and conscripting child soldiers is the norm. Burma, with 70,000 child soldiers, waits for a similar response and resolve from the Security Council. We simply cannot understand why the council has not taken the same sort of action in Burma as it has elsewhere. Now that it has taken up the issue of Burma, it must go further and pass a resolution. Clearly, efforts outside the Security Council have not worked. After Ibrahim Gambari, a U.N. undersecretary of political affairs and envoy to Burma, visited the country in May, the military regime doubled the sentence imposed on Aung San Suu Kyi, the world’s only imprisoned Nobel Peace Prize recipient, and increased its attacks on ethnic minorities. The heightened military offensive against these communities has resulted in thousands more refugees streaming across the borders into neighboring countries. The regime has not stopped its brutal campaign of terror, in part because the secretary general is unable to act without the mandate of a Security Council resolution. Only a council resolution will provide the United Nations with what it needs to confront this situation. Just last month the Burmese military arrested five of the most prominent members of our movement, including Burma’s second most-famous political leader, Min Ko Naing. By writing this opinion piece, we, too, are risking our lives. Our freedom is worth the risk. We hope that attention at the Security Council will do more to shed light on the important cultural and political context of our struggle and the threat destabilizing the region. The U.N. diplomatic corps must understand that, unlike other countries, in which factors such as religion or historical rivalries weaken public support for democracy, Burma is a nation in which the people have clearly and repeatedly articulated what they want: a democratic society. That is why the National League for Democracy and allied parties won 82 percent of the seats in parliament in our last elections, and why tens of thousands of people risk their lives to participate in our movement. The writers are members of Burma’s parliament, which was chosen in the country’s last democratic elections but has never been permitted to meet. By arrangement with
LA-Times–Washington Post |
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Inside Pakistan Taliban activists are having a field day in North Waziristan, thanks to the deal entered into between their leaders (tribal elders) and the Pakistan government. They can be seen moving about freely in the areas bordering Afghanistan, particularly Meeranshah and the nearby town of Mir Ali, flaunting AK47s and wearing scull caps. According to a report in The News of October 24, some of them wear badges on their chest, declaring “Appointed by the Office of the Taliban, the Mujahideen of the North Waziristan Agency.” The paper reported that the Taliban militants have opened their office in a madarsah near Meeranshah’s main bazaar.They have been functioning as the guardians of law and order since the deal was signed on September 5, and are credited to have brought down the incidents of crime considerably. Clashes between the Taliban and Pakistani troops have become a thing of the past. This is in accordance with the provisions in the Meeranshah agreement between the two sides. But the militants continue to cross over the porous border to fight against the US-led international coalition forces in Afghanistan. This is in violation of the deal, but they are not taking the clause on Afghanistan seriously. A Dawn editorial (October 25) says that “militants in North Waziristan are now institutionalising their authority over the tribal agency….The militants’ jurisdiction has lately been formalised by the Taliban council of advisers, with a clearly defined territory in and around Meeranshah demarcated as an ‘area of operations’ where criminal activities are banned.” This is interpreted as the “emergence of a state within a state”, but who bothers?
PPP’s dalliance with Musharraf The Pervez Musharraf regime tried to make Ms Benazir Bhutto’s Pakistan People’s Party (PPP) a part of the government after the 2002 elections by releasing her husband from jail. The idea was to instal a senior PPP leader as Prime Minister with Ms Bhutto calling the shots from abroad. The deal, however, could not be clinched because Ms Bhutto saw into the General’s offer a design to weaken her control over the PPP as also her support base. Yet the two sides have continued to quietly maintain their contacts despite their public postures to the contrary. Nawaz Raza in an article in a recent issue of Urdu daily Nawa-e-Waqt says that their “romance” has been revived as part of a plan to be implemented after the coming elections. Whether the terms and conditions outlined by Islamabad remain the same as earlier is not known. But both sides appear to be willing because they need each other. General Musharraf is aspiring for Ms Bhutto’s company not only for greater legitimacy but also for weakening the Opposition drive to force him to hang his army uniform. And Ms Bhutto seems to be desperate for power, which is not possible so long as General Musharraf is there occupying centrestage. The agreement she has reached with former Prime Minister Nawaz Sharif for the restoration of real democracy in Pakistan may be aimed at bargaining with the General from a position of strength. In the meantime, the Lahore High Court has released on bail the Senior Vice-Chariman of the PPP, Mr Yusuf Raza Geelani, who had been in jail for a long time. According to Nawa-e-Waqt, efforts are on to discover a link between this development and the silent drive for a deal between the Musharraf government and Ms Bhutto.
Provincial autonomy It seems the establishment in Pakistan is getting convinced that most of the problems it faces in the provinces are there because of the dominant role of Islamabad in their affairs. That is, perhaps, why there is a move for the devolution of powers from the centre to the provinces. The provinces have had very little autonomy, resulting in a feeling of revulsion against the centre. This has also led to a strong anti-Punjab sentiment in the provinces because of Punjab’s domination in the establishment, including the army. The move is on in a typical Pakistani style. Read this comment by Dawn: “What is intriguing, however, is that none of these gentlemen (the Prime Minister, the Federal Information Minister, the Minister for Inter-Provincial Coordination and the Parliamentary Affairs Minister who have revealed the government’s plan) have chosen to take the people into confidence about the specifics of the proposal being considered by the Waseem Sajjad Committee.” The paper adds: “The true spirit of devolution requires power to travel from the centre to the provinces and then to the grassroots level. The local bodies system that has been introduced in the name of devolution actually bypasses the provinces, with the centre having extensive powers to meddle in district government affairs.” |
A preceptor learns as much from the student as the student from Determination must be coupled with patience if the king wishes to win. Yielding an inch today may gain a mile tomorrow. Becoming too rigid, one becomes like mighty oak that gets uprooted Give up the pride of clan and caste and devote yourself entirely to God. Give up your faults (lust, anger, greed, etc) and don’t be an enemy to anyone. This is the basic principle of the saints. The serious and earnest person has already started on the path of salvation. The thoughtless person is sailing through life without a care to his actions. He is as if dead already. Who has made the earth a couch for you, and the heavens a roof, and who sends water down from the skies, and who brings forth from it fruits for your sustenance. So do not suppose anything to be like God, when
you know.
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