 |
|
Left out in the
cold Elusive truce |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Simple case,
complex probe CBI taking too much time in Arushi case THE inordinate delay in the investigation of the Arushi murder case has raised questions about the functioning of the Central Bureau of Investigation. As in the Jessica Lall and the Priyadarshini Mattoo cases, the CBI is bound to receive flak in this case too.
Custodial deaths
Of North and South
Your land is my
land ‘Sherpas’ and
‘Yaks’ of diplomacy Inside Pakistan
|
|
Elusive truce SO much for the truce that a section of ULFA declared a few days ago. It was received with great enthusiasm by the Assam government. Welcoming the truce declared by the leaders of the ‘A’ and ‘C’ companies of ULFA’s so-called 28th battalion, the government had asked them to lay down arms and stay in designated camps, in order to facilitate the next step — actual talks. The response of the two leaders, Mrinal Hazarika and Jiten Datta, has been to reject the call, insisting that the government should not set out any pre-conditions for talks. Now ULFA’s top leaders have “expelled” Hazarika and Datta for their truce call. Given ULFA’s record and its tactics — often resorted to — of using periods of ceasefire to regroup and rearm, the government’s insistence on their shedding of arms cannot be faulted. The leaders later claimed that they called a truce not to surrender, but to facilitate talks and “mobilise” public opinion. All of this has a familiar ring to it. The People’s Consultative Group (PCG), constituted by the PCG with several “eminent people” including interlocutor Indira Goswami, had been tasked with laying the foundation for talks with the ULFA leaders. The exercise was a complete failure, especially because continued use of violence by ULFA cadres meant that the security forces had no option but to crack down on them. The government would thus do well to be on its guard against more deception. It is up to ULFA’s leaders to establish their credibility and their desire for talks. Whatever be their disclaimers, signs of fissures in the ULFA are clear. While the ‘A’ and ‘C’ companies declared truce, the ‘B’ company’s leaders are in Bangladesh. A key issue for many Assamese is the immigration of large numbers of Bangladeshis and this may have forced the leaders to rethink strategies, especially with regard to continued reliance on Bangladesh. The government should keep up the pressure, leveraging both the existing weaknesses and whatever desire for peace that may exist in isolated pockets. Above all, it should keep its guard up. |
|
Simple case, complex probe THE inordinate delay in the investigation of the Arushi murder case has raised questions about the functioning of the Central Bureau of Investigation. As in the Jessica Lall and the Priyadarshini Mattoo cases, the CBI is bound to receive flak in this case too. It is not so complicated a case that it warrants months of investigation. In the first place, the failure of the Noida police in investigating the case is inexcusable. In fact, Noida’s senior police officers brought shame and disgrace to the profession by their shoddy investigation. As a result, vital clues which could have nailed the killers were lost. The UP police is yet to give a convincing explanation as to why the team that visited the Talwars’ house on May 15, the day the murder occurred, did not go to the terrace after examining Arushi’s body in her bedroom. This was a serious — and costly — lapse because the body of Talwar’s domestic help, Hemraj, was found on the terrace the very next day. Surprisingly, without proper homework, the IG and the Senior SP claimed on television that Arushi had an illicit relationship with Hemraj. The theory was more to save their skin than to unravel the mystery. Of course, the IG, the DIG and the Senior SP were transferred but the damage had already been done. The CBI’s style of investigation raises doubts as to whether it is keen on speeding up the probe to facilitate early commencement of the trial. Does its 25-member special team have the capacity and earnestness to crack the case? Narco analyses tests have been repeatedly conducted on Arushi’s parents, their friends and domestic help Rajkumar but without much success. Now after keeping her father Dr Rajesh Talwar in the jail for over a month, it is said that the CBI has doubts about her parents’ involvement in the murder. It is time the CBI completed its investigation and brought the murderers to justice. |
|
Blessed be he who expects nothing, for he shall never be disappointed.
— Jonathan Swift |
Custodial deaths The
increasing number of custodial deaths in the country, of late, is disturbing. This is a flagrant violation of the rule of law and a sad reflection of the criminal justice system. According to the latest report of the Asian Centre for Human Rights, India registers four custody deaths a day. This is alarming because the colonial mindset of the police has not changed even after 60 years of Independence. No doubt, the Supreme Court and various high courts have addressed the problem of assault, torture and deaths in the lock-up. In various judgements, they have prescribed practical measures for preventing custodial deaths. The establishment of the National Human Rights Commission (1993) and the signing of the Convention Against Torture (1997) reinforce India’s commitment to address the problem. However, today’s police stations and prisons have become synonymous with assault and torture cells with the detainees either getting seriously injured or killed because of the third-degree methods adopted by the men in khaki. Killings in custody and fake encounters continue unabated because successive guidelines issued by the higher judiciary and the NHRC are followed more in breach than in practice. Shockingly, the criminal justice system is under grave threat in Gujarat. The police are blatantly partisan and biased under the Narendra Modi government. There is virtually no rule of law. The gruesome killing of Sohrabuddin Sheikh in a fake encounter and the murder of his wife Kauser Bi in 2005 shook the nation’s conscience. The state government tried hard to scuttle IGP Geeta Johri’s investigation, ordered by the Supreme Court, but failed. It is only because of the vigilant media and the apex court’s monitoring of the investigation that the Gujarat police admitted to the court that the encounters were fake. Three IPS officers — DIG D.G. Vanjara, SP (Intelligence) Rajkumar Pandian and SP (Alwar) Dinesh Kumar were arrested. The controversial killings of Ishrat Jahan in Mumbai and Samar Khan Pathan — both alleged terrorists who wanted to kill Mr Modi — were also suspected to be fake encounters. In a landmark judgement in 1996, popularly known as “D.K. Basu guidelines”, the Supreme Court had issued an 11-point directive to the states. These guidelines include, among others, “accurate, visible and clear identification and name tags” of the policemen who arrest and interrogate suspects; prompt information regarding the timing and date of an arrestee to his/her parents, relatives or friends; recording his details in a diary at the place of detention along with the police officers’ names supervising the custody; the arrestee’s medical examination by a doctor every 48 hours during detention; and his production before the magistrate within 24 hours of arrest. This judgement also has provisions for fixing accountability and taking suitable action against the police officers for failure to implement the guidelines. Though the apex court ruled that non-compliance of the judgement would be tantamount to contempt of court and police officers should be punished accordingly, most states have done little in this regard. In February 2006, a Supreme Court Bench headed by former Chief Justice Y.K. Sabharwal issued fresh guidelines to the states. It ruled that the endeavour should be to achieve a balanced level of functioning where the police respect human rights and adhere to law. While taking confidence-building measures, they should firmly deal with “terrorism, white-collar crimes and deteriorating law and order”. But the response from the states has not been encouraging in this regard. In February 2008, the Punjab and Haryana High Court created a unique precedent in awarding a compensation of Rs 10 lakh to the family of an undertrial murdered in the Ferozepur jail. It also fixed accountability on the head warden, a warden and a havildar. Not surprisingly, the jail officials tried to hush up the death, claiming that the undertrial succumbed to the injuries he had received while trying to escape from the jail. However, an inquiry ordered by Justice Surya Kant revealed that he died following torture by the jail staff. It has also found the DSP (Jails) responsible for the custodial death and directed the DGP to take action against him. Very recently, the Delhi High Court awarded a compensation of Rs 5 lakh, along with interest of over Rs 2 lakh to the widow of a Haryana Government employee who died in Delhi Police custody eight years ago. A Division Bench asked the government to disburse the same within six weeks as the deceased was the sole bread-earner of the family. The victim, who was picked up by a Delhi Police team in August 1999, died of grievous physical assault in custody. The bane of the criminal justice system is not the inadequacy of suitable laws but the executive’s failure to enforce them in letter and spirit. For instance, despite the amendment to Article 176 of the Criminal Procedure Code warranting every case of death in police or jail custody to be inquired into by a judicial magistrate and not by an executive magistrate, this is not being done in many cases. There should be an effective mechanism to check torture and maltreatment in custody or detention. Specifically, the officials should enforce the NHRC’s explicit directive to the states to report to it every custodial death within 24 hours, videograph the post-mortem examination and send it the tapes. At present, most states are woefully lacking in the appropriate facilities for following the post-mortem procedures. The human rights bodies’ pleas for provision of these facilities merit consideration. In most cases, the body, before, during and after the examination, is under the exclusive control of the state police, leaving ample scope for them to tamper with evidence. Cases where the bodies have putrefied before post-mortem, leaving just the skeletons to be examined are common. In some cases, unqualified persons do the examination as a routine practice just for purposes of record. Sadly, the police, particularly at the lower level, have scant respect for the police manual. The concept of human rights is quite alien to them. They seem to feel that once they wear the uniform, they become a law unto themselves, enjoying unfettered freedom and absolute power to do anything under the sky. The recent cases of rape in Rohtak and Nissing involving Haryana cops typify this kind of devious and devilish police culture. Strangely, some states consider the NHRC and the state human rights commissions as irritants for the police. If the state police are kept under some check today, it is more because of the directions of the higher judiciary and the NHRC rather than the state home departments’ dull circulars. Karnataka makes it mandatory for the Corps of Detectives (CoD) to investigate every custodial death. However, the CoD functions as an adjunct of the ruling party and has a very low credibility. It is time sensitisation programmes were organised for the police, the jail staff and the general public in all the states and Union Territories. The NHRC, the state human rights panels, senior journalists, top IAS and IPS officers and NGOs should be closely involved in this exercise. Regular interactions at the police stations will help develop mutual trust and confidence. Those manning police stations and jails should be deputed to such meetings to bridge the communication gap between the people and the police. Above all, the standards and modules of in-service police training, especially in the critical field of human rights sensitisation, need a new focus and orientation to meet the emerging
challenges.
|
Of North and South
Oh, East is East and West is West and never the twain shall meet” is a poem we grew up with. When I moved to Bangalore from Patiala three years back what Rudyard Kipling wrote about came home to me albeit with the directions changed. I substituted North and South for East and West. Soon after reaching Bangalore, I came to know what exactly the term North Indian meant. I, who had grown up knowing that society comprised only Punjabis and non-Punjabis, realised that I was part of a much larger “diaspora”. People from Uttar Pradesh and Bihar, whom we would call “bhaiyas” back home, told me that they were also North Indians. So, I learnt, were Bengalis and everyone else above central India. Membership of this “community” had its rewards as one could make friends instantly. This was essential as down South the Hindi-speaking crowd is usually shunned. Friendly bursts of exuberance and overt display of hospitality meets with as much a cold eye as a bewildered one. Good natured ribbing about how people down South ate, how frugally they lived and dressed, how conspicuous was the absence of an invitation to come inside upon knocking at a door, how the curt and businesslike “Tell me” ruled over any small talk or how people emerging from a sleek Mercedes wearing worn-out chappals usually got conversation buzzing. However, compartmentalising one’s social circle did not seem the right option and so I started the quest to learn about the “other side”. There, too, was a grand old circle, equally forbidding. My journalist friends would introduce me with the words “he is from the North”. This I realised could also be taken for being a show-off by many South Indians. I missed the warm social discourse and hospitality I was used to, but the stay helped me understand the people at home better. I realised that there was an underbelly, which the North presents to the South. I no longer brushed off the charge that North Indians were brash and aggressive, but tried to explain that centuries of defending one’s land and hearth had ingrained these characteristics in them. However, I believed that all this was true more of Delhi and the adjoining areas than “my” Chandigarh. Time flew by; I got transferred to Chandigarh. The city felt like heaven on arrival (it still does). The wide boulevards, leaves of different hues shimmering in the sun and the Shivalik ranges providing a perfect backdrop were scenes I was revisiting with a sense of elation. Returning home one day en route the Garden of Fragrance, the underbelly unveiled itself in full view when a teenage boy walking a large Saint Bernard dog and two girls accompanying him got involved in a brawl with a group of four or five young boys. In a flick of a second the boy was beaten up. As blows and abuses flew, the only one conducting himself with dignity was the St Bernard, who refused to enter into the fight. I have come to accept the underbelly, which the North presents to the South as much as I understand the South also presents an underbelly; the traits are, of course, different. North is North and South is South, and it will be some time before they can meet. |
Your land is my land Changes
in land use are the inevitable fallout of the process of economic development. Industries and service sector units are often set up on agricultural land. In many instances state governments use eminent domain to compulsorily acquire land for these purposes. Lately, the law and the process of land acquisition have come under increasing criticisms. There are serious problems with both. Several aspects of the Land Acquisition (Amendment) Act, 1984 are being misused by the states. In a recent ruling, the Punjab and Haryana High Court has hit at two of these abuses: the prevalent practice of compulsory acquisition of land for industries and the inadequacy of compensation provided to farmers. The LA Act provides for compulsory acquisition of private land for public purpose. Section 38 allows acquisition for companies as well, only if pursuit of a social objective requires so. Unfortunately, this provision of the Act has been grossly misused. Severity of the problem can be imagined from the fact that Justice Ranjit Singh has described the law as ‘incomprehensible’. Political economy of land use can explain the ostensibly irrational policy of state governments. More importantly, it can help demarcate limits of eminent domain. In some circumstances, the economics of property rights allows compulsory acquisition. Indeed, it can be the only option available. For example, when a few property owners hold up a socially desirable project, government can intervene and acquire the required land. Infrastructural projects like roads, railways, dams, and some mega ventures fall in this category. For such projects the size as well as the location is important. In contrast, industrial units generally do not require specific land. Economic efficiency requires an entrepreneur who wants to set up a unit to buy the required amount of land directly from farmers. Land will be traded only if both the parties find the transaction worthwhile: In particular, if the owner gets appropriate price and the entrepreneur can put the land to better use. Therefore, there is not a case for compulsory acquisition. By its very nature, acquisition is involuntary. Several things can go wrong and make forced transfer of land inefficient. Whenever compulsory acquisition is unavoidable, land owners should be compensated appropriately. What is appropriate compensation is debatable. However, it seems reasonable to argue that it should not leave the owners poorer than they would be in the absence of acquisition. In particular, it should enable purchase of a similar property elsewhere. Section 23 of the Act entitles the owners to market value of property plus a solatium of 30 per cent. Unfortunately, de jure rights are different from de facto entitlements. The actual compensation received by owners is much less than the market value of land. Compensation is determined on the basis of the floor price fixed by the state, or the average of sale deeds of similar land. Except Haryana where the government has adopted an appreciable compensation policy, state governments are lax in updating circle rates. In addition, in order to save on stamp-duty, prices quoted in sale-deeds are much lower than the actual value. On top of it, due to unreasonable restrictions regarding change-in-land use, market price of agricultural land itself is acutely suppressed. Therefore, the very basis of determining compensation is flawed. As a result, in stark contrast to the spirit of the law, farmers are being forced to surrender land at a throw away price. What they get is pittance and that too after making numerous rounds of courts for years. No cannon of justice or doctrine of law can justify this ruthless practice. Moreover, compulsory acquisition along with under-compensation leads to an inefficient outcome. Since the acquiring company gets land at a subsidized rate, there is tendency to over acquire. At times the acquired land remains unused for years. There are instances of otherwise sick industrial units using the excess land to make profit in the real estate market. During the last two years many SEZs have come up. In several cases, states have acquired land for the developers. Not surprisingly, many of these zones have come up largely for real estate considerations. While most economic activities generate externalities, it is difficult to argue that SEZs are public projects justifying the use of eminent domain. There seems to be a nexus between the rulers and the industry to use legal ambiguities to provide subsidised land to the latter. Intermittent media reports detailing the nature and manner of acquisitions tend to strengthen this perception. Regrettably, even the proposed Land Acquisition (Amendment) Bill 2007, lying pending in Parliament, has not addressed the root cause of the problem. The compensation criterion proposed in the Bill is only a different version of the existing one. It is equally defective. In this scenario, exasperation expressed by Justice Singh is understandable. At the same time, the judiciary is also responsible for the ongoing plundering of farmers’ right to livelihood. Ensuring that the executive uses a law according to its spirit is the legal responsibility of the judiciary. Judiciary has failed in fulfilling this duty. In several cases, states have acquired land for public purpose and used it for another – not public – end. For example, in Haryana, one government had acquired about 1800 acres adjacent to Gurgaon city for development by HSIDC, a state agency. But, a later government transferred the land to Reliance SEZ. Farmers litigated against this transfer. Unfortunately, even the Supreme Court condoned the act of the government. The Gujarat High Court’s judgment in Reliance’s Jamnagar SEZ is another case in point. The judiciary can and should ensure that private property is appropriated only for a pre-stated public purpose. Acquisitions for largely private ventures should be discouraged. In addition, it can ask the government to rectify the compensation
criterion. The writer teaches economics at the Delhi School of Economics |
|
‘Sherpas’ and ‘Yaks’ of diplomacy TOYAKO, Japan – The word “Sherpa” typically refers to the Nepalese porters who help climbers reach the top of the Himalayan Mountains. But here at the annual summit of the Group of Eight nations, Sherpas and their sidekicks, the sous-Sherpas and yaks, are different sorts of characters altogether. These are the mostly faceless bureaucrats responsible for developing the agenda and statements their leaders are considering this week at the annual meeting of the leading industrialised nations. Their work, conducted over the past year in face-to-face meetings, conference calls, and countless e-mail exchanges, will help determine whether the final G-8 summit of the Bush presidency is a success. Some of the most accomplished diplomats in the world are Sherpas. The French Sherpa this year, Jean-David Levitte, is a former ambassador to Washington now serving as diplomatic adviser to President Nicolas Sarkozy. The U.S. Sherpa this year is a relatively new face on the international scene. Daniel Price, 52, a well-regarded trade lawyer in Washington, joined the administration last year as the top White House staffer on international economics after years of gentle prodding from old friend Joshua Bolten, Bush’s chief of staff. The two worked together in the administrations of Ronald Reagan and George H.W. Bush, and Bolten had been trying to recruit his pal into the administration from its early days. Bolten finally succeeded last year, after telling Price he could no longer call to complain about the administration unless he joined up. Price has become the White House staff point person on such sensitive issues as trade, food and assistance for Africa - the latter a top priority for Bush. In recent months, much of Price’s focus has been on working with other Sherpas to lay the groundwork for the Group of Eight summit here. It will focus on some hoary standards (climate change and non-proliferation) and some new crises (the run-up in food prices and world economic problems). To that end, Price has already been to Japan four times, accompanied by a personal assistant, a yak in G-8 argot. While the Sherpas meet in one room, the yaks are in another, taking instructions by e-mail from them. Then there are sous-Sherpas for finance and foreign affairs, as well as country political directors (such as the undersecretary of state in the United States), all of whom meet to discuss issues that can come up at the summit. “The constant questions that run throughout our Sherpa meetings are, first, what are the key issues to be addressed, and second, what actions can we, the G-8, take that will make a positive contribution?” Price said in a brief interview on Friday, just before he left Washington Saturday with Bush. The Sherpas have been trading communique language for weeks on contentious issues such as global warming, looking to bridge competing approaches favored by Europe, Japan and the United States. By arrangement with
LA Times-Washington Post |
|
Inside Pakistan Little to show after 100 days The
Yousuf Raza Gilani government has a lot of explaining to do for its failure to deliver what it had promised during its first 100 days in office. That deadline has ended, but the coalition government has little to show as its achievements. The threat to peace and stability from home-grown militants is as serious as it has always been. There is no end to the price rise with most of the necessaries of life remaining in short supply. The situation of unemployment is getting complicated with every passing day. Dawn (July 6) says, “The 100-day deadline for a new freedom of information law as well as the abolition of the anti-union Industrial Relations Order 2002 ends today with nothing to show by way of achievement. The British-era Frontier Crimes Regulation 1901 is still in place, a Truth and Reconciliation Commission (which was to focus on the state’s excesses in Balochistan) is yet to be set up and NAB (National Accountability Bureau) courts continue to function independently of the mainstream judicial system. The promised literacy and health corporation is nowhere to be seen.” As Business Recorder (July 5) put it, “While people are crying to be rescued from the demons of hunger, lawlessness and unemployment, the top elected leadership is busy playing the political chess, some setting their sights on the future.” There is no dearth of Al-Qaida and Taliban supporters. The PPP-led government in Islamabad has been known for its softness towards the Taliban. That is one reason why it adopted the policy of striking deals with the extremist outfit in the NWFP. The government finds itself in the dock because of its own shortsighted policies. It allowed the militants to regroup themselves. They have now proved through suicide bomb blasts in Islamabad and Karachi that they are in a position to attack anywhere, anytime. The militants are the least scared of the Government of Pakistan because of their strong support base. Those who have doubts should read the media reports based on the speeches made during the gathering held on Sunday at Islamabad’s Lal Masjid complex to mark the first anniversary of the army operation there. The presence of the pro-Taliban elements in the Army is not a secret. According to Daily Times (July 8), “The supporters of Al-Qaida’s campaign in favour of Lal Masjid count some bigwigs of the political scene too. The heart of the APDM parties bleeds for the destroyed seminaries. The PML(N) has announced its support, followed by the lawyers’ movement whose leader Barrister Aitzaz Ahsan went and met the undertrial Lal Masjid cleric Abdul Aziz and assured him of his support.” As Dawn (July 8) says, “It cannot be denied that the situation is full of contradictions. There are Taliban sympathisers in the establishment, especially the Army. In society, too, powerful sections – even though in a minority and utterly indifferent to the nation’s (Pakistan’s) long-term interests – tacitly approve of this bloodletting. But, then, the government has no choice but to make an obvious decision to fight this rebellion.” Otherwise Pakistan will get transformed into another Taliban country. Baloch unrest Pakistan President Pervez Musharraf has claimed that the previous regime in Islamabad under his command spent liberally on the development of Balochistan with a view to ending the unrest there. He may be right. But the truth is that his erstwhile government’s policies had little impact on the condition of the common man. The present government, too, has declared that the development of Balochistan is among its top priorities. It has released at least Rs 6 billion – Rs 3 billion from the Prime Minister’s discretionary funds and Rs 3 billion as gas royalty arrears – for the purpose. But the ordinary people will get benefited only when development projects are clearly targeted at the deprived sections. The Frontier Post says, “… no government has ever attempted any seriously to grasp the intrinsic complexity of its (Balochistan’s) development process, without which the effort cannot be made really any meaningful. “The province stands in as urgent need of economic progress as does its huge population, living in the serfdom of sardars and chieftains, of social emancipation. It is this latter aspect that alone can provide robust and sound underpinnings to a development effort in the province….” |
|
|
|
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Letters | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
