The Tribune, Chandigarh, India

Obese childhood
Future of the generation is at stake

What has been visible in almost all schools of the country has been underscored forcefully by a nationwide survey: that 25 per cent of Indian children are obese. That is not only a question of aesthetics. The very future of the country is at stake because excess weight at this age can translate into serious diseases like blood pressure, arthritis and diabetes etc at a later stage. Yet, the excess weight epidemic has been spreading far and wide. The worst part is that this has come to be accepted as a “normal” happening. Some dismiss excess weight in children as no more than puppy fat. In fact, it is considered to be a sign of good health by many. The end result is that we are raising a generation which is handicapped in many ways from an early age.

The government, schools, parents and the children are equally to blame for this sorry state of affairs. The government has never woken up to the harsh reality that there just are not good enough schools and colleges for the country’s growing population. As such, there is a mad scramble to score “at least” 95 per cent marks. No wonder, physical activity is the last thing on a serious student’s mind. The schools think that their responsibility begins and ends with giving lessons in various subjects to students. The overall personality development is none of their concern. As a result, taking care of physical fitness is rather frowned upon.

Children themselves are totally bowled over by advertisements and think that the only food worth having is junk food. Shockingly, parents succumb to their whims. Some of them put forward the excuse that being working parents, they just do not have the time to cook a nutritious meal, and “even if we do, kids refuse to eat it”. But even those who have time at their disposal think nothing of bowing to the pressure tactics of children. The situation is not only bad but critical. All the responsible parties should understand the gravity of it and remedy the condition forthwith. What will be the use of “good education” if the person who got it is in bad health — physical, mental as well as emotional?

No hope in Jharkhand
Greed overtakes politics in the state

The small but important state of Jharkhand, which has 25 per cent of the country’s reserves of iron-ore and 40 per cent of its coal deposits, was carved out of Bihar almost 10 years ago in order to ensure better and more representative government. While the justification for a separate state was grounded on the need to give the tribal population a say in governance, tribals of Jharkhand, who now constitute less than 30 per cent of the state’s population, have arguably suffered the most during the past 10 years. Curiously, justice and opportunities have eluded the bulk of the tribal communities despite the fact that all the eight governments so far have been headed by tribals. The new state, according to all indications, has been ruled by remote by business and mineral lobbies based in New Delhi and Mumbai. They did help create a class of tribal politicians and contractors who were only too happy to do their bidding, act as their ears, eyes and arms in return for the crumbs that were thrown their way. But mostly these lobbies bled the state white, took full advantage of the weak administrative and political structures in the state and elevated corruption to a new high.

The Bharatiya Janata Party and the Congress equally share the responsibility for pushing the state to the brink. While the BJP has been in power in the state for well over seven years, the Congress has the dubious distinction of supporting an Independent MLA, Madhu Koda, and his rag-tag coalition which misruled the state for over 19 months. It is small consolation that Koda and some of his ministerial colleagues are cooling their heels in prison after being booked for acquiring disproportionate assets by misusing public office. Both the ‘national’ parties have displayed scant sense of responsibility in accepting support from such fringe parties as the All Jharkhand Students’ Union, which with barely 5 MLAs in the 81-member House has still managed to play the role of the kingmaker and enjoyed the spoils of power.

The swearing-in of Arjun Munda, a BJP Member of Parliament, as the eighth chief minister of the state does not, therefore, inspire much confidence. While Munda may not find it as difficult as Shibu Soren to give up his seat in the Lok Sabha and get elected to the Assembly, it would be farcical if, after six months, he decides to retain his LS seat and make way for Soren’s son Hemant, who was also sworn in as a minister on Saturday.

Thought for the Day

An honest politician is one who when he’s bought stays bought. — Simon Cameron

ARTICLE

South Asian security
India faces a major challenge
by Air Marshal R.S.Bedi (retd)

India lies at the centre of the South Asian peninsula surrounded by a number of countries. Most of these countries are beset with political instability and economic deprivation. With China also becoming India’s immediate neighbour (eighth) after the British nurtured buffer state of Tibet was annexed by it in 1951 and conceded by Nehru as an autonomous region of China, the security environment in the region became all the more intimidating. Being geographically and demographically diminutive, these countries suffer from a sense of insecurity and tend to go in for alliances outside the region.

China soon began to exploit the situation and intervened in the internal affairs of these countries by providing them political, economic and military support in pursuance of its own strategic goals vis-a-vis India. This led to an all weather friendship between China and Pakistan. Earlier also, it was Pakistan that brought super power rivalry in the region by joining the western alliances in the early fifties to seek insurance against India. Ever since, it has remained deeply mired in its strategic games and literally survives on the politico-economic succour provided by them.

Machinations of these powers and newly evolving politico-strategic alliances have resulted in unprecedented changes in the security environment of South Asia. The US and China both need Pakistan for their respective strategic considerations and meet its demands for cash and weapons as per its terms. China in total disregard to global ethics went on to help Pakistan to become a nuclear state. It served China’s purpose of keeping India embroiled in an incessant proxy war with a smaller neighbour. China’s attempts to befriend India’s other neighbours like Myanmar, Bangladesh and Sri Lanka through devious means are no less threatening.

With India, it prefers to keep the border issue alive, continues to build massive infrastructure all along it, objects to India’s sovereignty over Arunachal Pradesh, and as mentioned earlier, continues to prop up Pakistan in particular against India. China’s belligerence and assertiveness in total disregard to other’s concern belies its claim of ‘peaceful rise’. Its ever-increasing proclivity for brinkmanship in South Asia and the Indian Ocean region, just as in resource-rich islands of South China sea will only provoke pushback from others in order to contain the growing power of China. China’s increasing presence in South Asia, as a result of complicity of Pakistan and Myanmar, a few areas of convergence with India notwithstanding, is fraught with danger,

Having got involved in the US-run war in Afghanistan, Pakistan has suffered heavily as a nation. Politically, it’s in turmoil. Its sovereignty stands eroded. American UAVs operating from its bases are killing its people with impunity. It finds itself in a precarious situation of a helpless spectator to the Americans’ doing there. The army is too being forced to fight the US war against its own people. It has suffered heavy casualties in these engagements. Its own terrorist organisations nurtured as strategic assets are now increasingly involved with insurgency within the state of Pakistan. As a nation, Pakistan is on the verge of collapse. It is not in India’s interest to have an unstable and tottering Pakistan on its western borders.

Unfortunately, the military has not allowed the civilian governments to function unfettered. The current civilian dispensation is constrained to tow Gen. Kayani’s line on national affairs. Interestingly, it was Gen. Kayani who actually conducted the strategic dialogue with the US recently in Washington from behind the scenes, although on the face of it, it was Foreign Minister Qureshi who was leading the Pak delegation.

The army exercises full control on foreign affairs, especially vis-a-vis India, Afghanistan and the country’s nuclear policy. Hostility towards India and its complicity with terror remains its fundamental priority. Despite two decades of jihad supported by the ISI, it has achieved little more than keeping the region on the boil. The army is not sure of its standing in Pakistan in the event of an amicable resolution of outstanding issues between the two countries. The Pakistani military, therefore, remains a big obstacle in achieving regional peace. Gen. Kayani’s recent statement that India is the principal security threat was to only justify the ongoing asymmetric war against India. Any scope of dealing with the Pak military directly to resolve the Indo-Pak imbroglio can, therefore, be set aside. As long as the army is able to maintain its primacy in the affairs of the nation, scope for any rapprochement with Pakistan seems rather remote. Indo-Pak relations will remain hostage to this.

It’s for this reason that 26/11 will hang fire indefinitely till it gradually goes off the radar screen. The military brass can ill-afford to allow investigating agencies to question them since both the army and the navy were directly involved in it. India can do little except make periodic noises and seek help from here and there but without avail. As long as the US needs Pakistan in Afghanistan, it is futile to expect any support from it.

Pakistan’s involvement in Afghanistan is based on its perception that it is crucial from the point of view of much needed strategic depth against India. It also considers Afghanistan as a part of its area of influence where it views any interference from other outsiders as inimical to its interest. Whether Afghanistan will allow itself to be used or influenced by an outside power like Pakistan is a moot point. Afghans are known to be fiercely independent ever since the state of Afghanistan came into being in the mid-18th century. Even the mighty British empire was unable to control tribal Afghanistan. Afghanistan is unlikely to play any subservient role to its neighbour, particularly Pakistan which is known to be involved in violence and negating welfare measures there.

Pakistan has been trying to undermine India’s efforts to help Afghan people by attacking the Indian embassy in Kabul and getting Indian workers killed through hired elements. This has been amply revealed by Wikileaks. Notwithstanding, Pakistan continues to work hard to realise its dream of installing a friendly regime of Afghan Taliban so as to exercise control over them and the country after the US withdraws from Afghanistan by mid next year. It is, however, to be seen to what extent Pakistan is able to influence Afghans in meeting its objectives.

Having sunk $1.3 billion in development schemes in Afghanistan, India can hardly bow out of it. India certainly doesn’t want Pakistan to call the shots in Kabul. It is, therefore, in India’s interest that the US doesn’t beat a hasty retreat from Afghanistan. How this complex conflict situation is handled by India where a number of countries, including China, Russia and Iran are interested has to be seen.

So long as the Pakistani army stays in political business the South Asian security scenario will remain uncertain. India’s exasperation will only grow further at Pakistan’s ever-increasing cussedness. The political leadership in India must remember that there is no place for political morality, acquiescence or undue deference. It’s the national interest that is paramount.

The writer is a former Director General, Defence Planning Staff

MIDDLE

Mega issues
by S. Raghunath

Despite the global economic meltdown, Indian stock markets are experiencing an unprecedented boom with new capital issues and IPOs getting over-subscribed several times over and investors making a fast buck and joining the swelling ranks of the “nouveau riche” and it looks as though the bubble is never going to burst.

I have been talking to a young Dalal Street broker — an Indian version of a ‘yuppie’ — and he told me that several highflyin’ NextGen entrepreneurs are waiting in the wings to float mega capital issues and that adwhiz-kids specialising in financial copy are working overtime giving finishing touches to a multi-media pre-issue publicity blitz.

A sneak preview of the upcoming highlights on our stock markets.

Hindustan Pickles and Chutneys (Holdings) Limited: A company promoted by Hong Kong and Dubai based Non-Resident Indians who are Ivy League B-School graduates and who have an outstanding track record of polishing off with relish full bottle of pickles with their daily business luncheons. It will manufacture, for the first time in India, onion and garlic and mixed vegetable pickles and grated coconut and coriander leaves chutneys to be retailed throughout the country in stand-up tetrapacks.

First company in the world to manufacture pickles preserved in kerosene, formal dehyde and gingelly oil the plant is being set up in Connaught Place in New Delhi — very near to Parliament House, 7 Race Course Road and South Block — a notified backward area and therefore the company will be eligible for sales tax rebates and holidays for 5 years or till such time the air is clear of onion and garlic smell. Onion and garlic have already been planted on a five foot by five foot freehold plot in Noida and barring unforeseen circumstances, the company is likely to go into production during the second quarter of next year.

Diapers (India) Limited: An established multinational FERA company which is diluting its equity with Foreign Institutional Investors and offshore mutual funds picking up 51 per cent stake. The company is engaged in the progressive manufacture of super hitech diapers and bibs. A young mother need only wrap the diaper — a cotton handkerchief, fold it into a neat triangle and tie it round her baby’s waist and secure it with a safety pin removed from her mangalsutra. The company is a proven leader in the field with an outstanding track record. The issue is fully underwritten by institutional suckers and fall guys.

Bharat Ear Picks Limited: The company that you will soon be hearing about. A corporate high flyer, it is poised to enter the market with a mega issue. A professionally managed company, cautious and yet bold and thrusting with affiliations to reputed overseas ear pick — manufacturers. Its in-house R&D labs have developed fifth generation ear picks-little wads of cotton and waste rag wrapped round match sticks to form aerodynamically balanced bulges which can be used to remove dirt, wax and other oily substances in full public view.

Exceptionally suited to while away hours to go exploring to find out just how much dirt there is in one’s ears.

The demand for quality ear picks has been placed by the Planning Commission at 1,000 million pieces per annum on the basis of India’s adult population having two ears. The company is strategically placed to carve out an upmarker ‘niche’ for itself.

Trans-India Eyebrow Tweezers and Nail-File Corporation Limited: A company on the fast inside track. It is setting up a highly sophisticated and fully automated plant for the manufacture of plastic eyebrow tweezers and nail-files with wooden handles. A ready market among fashion conscious teenagers and socialites who need to tweeze their eyebrows before attending kitty and mah-jong parties.

Trial production of tweezers has already commenced and has been well received by discerning customers with bushy eyebrows. Future plans include the manufacture of moustache, goatee and sideburns trimmers with Japanese and Swiss collaboration. The company’s scrips are being quoted at a premium in New Jalpaiguri, Kozhikode and Jalandhar stock exchanges.

OPED Debate

Appointing Chief Justices: The way out

The article, “Remedy worse than the malady”, penned by a former Supreme Court Judge and five retired Chief Justices of High Courts on September 9, 2010, regarding the policy of appointing a Chief Justice of a High Court from outside the state has stirred an intense debate among the legal fraternity. Two eminent jurists give their view.

by Fali S. Nariman

The article “Remedy worse than the Malady” in The Tribune (September 9) by a former Supreme Court Judge and five former High Court Chief Justices was impressive. But, from the other side of the fence, my experience does not wholly coincide with the suggestions made. There is another angle to the subject that helps illustrate a different point of view.

The Calcutta Bar often recalls that one of their most notable Chief Justices in recent times was the late Justice P.D. Desai (1988-1991). He was a stranger to the Bengal Bench and Bar, having been transferred there from another place (Shimla) where he was also a stranger, and yet most popular. On transfer to Kolkata, P.D. Desai quickly found his feet in the court where Sir Elijah Impey (first Chief Justice of Bengal) sat; and the Bar took to him instantly.

Ditto was the case with Chief Justice Chittatosh Mookerjee of the Bombay High Court (1987 to 1991), transferred from Calcutta. Grandson of one of India’s first Chief Justices (Ashutosh Mookerjee) and son of another Chief Justice, Chittatosh had “good-judging” in his veins. In Bombay, he did what no indigenous Chief Justice had done before. When 200 members of the Bar went to him with a signed petition complaining about the errant behaviour of four sitting Judges of the Bombay High Court, he did not turn them away, nor did he accept at first blush all that they had to say.

He took his time, made his own investigations, found that the allegations were largely true, and immediately stopped giving work to the four named Judges. This created a furore – both among the four, as well as in Delhi. The then Chief Justice of India (Ranganath Misra) came down to Bombay and upbraided the Bombay Bar for having taken “the law into their own hands”. Chittatosh turned a deaf ear to the CJI. And he told the complaining judges that they were free to file writ petitions against his administrative order under Article 226 of the Constitution.

However, till the Court on the judicial side said he was wrong, the no-work order would remain. No one — not one of the four errant judges — had sufficient confidence in their own integrity to do what the Chief Justice said.

The experiment of disciplining them, by not giving them work, actually worked. It has since become known as the Bombay Experiment — it toned up the Bombay High Court.

There is however, much truth in the following passage (in The Tribune article): “experience has shown that the usual tenure of a Chief Justice coming from another High Court is rarely, if ever, of a long enough period for such Chief Justice, to really get to know the State, its people, their customs and traditions or even his colleagues, the subordinate judiciary, and the members of the Bar...”

May I respectfully add: And do you know why? It is because the ‘outsider’ Chief Justice is constantly looking over his shoulder, expectantly waiting-in-the-wings to be pulled up! Generally (not always — there are notable exceptions) the outsider Chief Justice is not greatly interested in a High Court where he has never sat or practised, and whose customs and traditions are not familiar to him. He uses the Chief Justiceship of a High Court only as an intermediate stop — to reach the (hopefully) ultimate destination: New Delhi. When this doesn’t happen (which is often) the High Court suffers.

When it does happen, some other aspirant to the highest office takes his place — with like expectations. And the game of looking-over-one’s-shoulder goes on. All this is bad for judicial harmony, bad for the High Court, bad for the state: but the remedy for this lies not in revoking the policy of transfer but by levelling the retirement age of all Judges of the superior judiciary (High Courts and Supreme Court) to 65 years.

Today High Court Judges retire at 62, Supreme Court Justices at 65. If and when the retirement age is levelled at 65 for all, a Chief Justice — especially of a large High Court — would have to be persuaded to join as a Judge of the Supreme Court; and with levelling, members of the Collegium would not be troubled with 61-year-olds knocking at their doors for “elevation”!

The working life of a Judge of the Supreme Court is not a bed of roses: the job requires intense concentration, extraordinarily hard work and robust good health. All High Court Judges are simply not cut out for it: there has to be a credible process of close scrutiny and selection: whether by the Collegium or by some other body or group which may be “invented” for the future – whoever it is, whichever that body, it must have the time and sufficient data (including inputs from responsible members of the Bar) to assess the relative worth and calibre amongst High Court Chief Justices, and High Court Justices.

Regrettably, too often in my experience, able and prominent Chief Justices in High Courts have been overlooked in the past for reasons difficult to fathom — at least one of them is the co-author of the article under review!

The writer is an eminent jurist

by Justice A.R. Lakshmanan (retd)

In every forum, there is a long debate about introduction of judicial reforms. It is only being talked about and has not so far been implemented. The time has now come to give a serious thought to it.

The 18th Law Commission of India has already given various recommendations on the subject of reforms in the judiciary, which subject is very dear to my heart. In particular, the Law Commission has submitted that a detailed report to the Government of India to reconsider the Judges’ cases I, II and III by its Report Nos. 2 and 4 giving ample reasons as to why the three judgments should be reconsidered.

The word Collegium is nowhere present in the Constitution of India. It was first used by Justice P.N. Bhagwati in the majority judgment of S.P. Gupta vs. Union of India. The expression of Collegium and the Collegium of Judges has been freely used in Paragraphs 15 and 22 of the said judgment.

The Collegium is now to consist of the Chief Justice of India and four seniormost Judges of the court and in the appointment of a High Court Judge, the Supreme Court Judge acquainted with that particular High Court should also be consulted raising the number to six. There is no indication as to what happens if there is no consensus among the consultees or if the majority disagrees with the Chief Justice of India.

On a scrutiny of several constitutions of other countries, it may be seen that in all other constitutions, either the executive is the sole authority to appoint Judges or the executive appoints in consultation with the Chief Justice of the country. Our Constitution has followed the latter method.

The Indian Constitution provides a beautiful system of checks and balances under Articles 124 (2) and 217 (1) for the appointment of Judges of the Supreme Court and High Courts where both the executive and the judiciary have been given a balanced role. This delicate balance has been upset by the Second Judges’ case and the opinion of the Supreme Court in the Presidential Reference. It is time the original balance of power was restored. The Parliamentary Standing Committee on Law and Justice has also recommended the scrapping of the present procedure for appointment and transfer by Supreme Court and High Court Judges.

In every High Court, the Chief Justice is from outside the state as per the Government of India’s policy. The seniormost judges who form the collegium are also from outside the state. Consequently, the Judges constituting the Collegium are not conversant with the names and antecedents of the candidates and, more often than not, appointments suffer from lack of adequate information.

Two alternatives are available to the Government. One is to seek a consideration of the aforesaid three judgments before the Supreme Court. Otherwise, a law may be passed restoring the primacy of the Chief Justice of India and the power of the executive to make the appointments.

The 18th Law Commission has submitted a detailed report suggesting various reforms in the judiciary, including the selection and appointment of High Court Judges. The High Court Judge has importance under our Constitution and the incumbent is often supposed to be not only fair, impartial and independent, but also intelligent and diligent.

The general eligibility criteria is that a person should have put in 10 years of practice/service in the legal/judicial field. The post of Chief Justice should not be transferable. This practice was introduced in our country after the Emergency (1975-77) had been imposed. The Chief Justice who comes on transfer for a short period of six months, one or two years is a new man, alien to the place and passes his time somehow. He has to depend on others for policy decision in administrative matters.

If the Chief Justice is from the same High Court, he will be in a better position to not only control the lower judiciary but also assist the persons both from the Bench and the Bar for elevation to the High Court. This will also curtail the unnecessary delay in filling up the vacancies in the High Court.

If the functioning of the High Courts is to be improved, the policy of transferring the Chief Justice has to be given up forthwith. Now the time has come when this policy needs re-evaluation.

Likewise, the policy needs to be changed for enhancing the retirement age of the High Court Judges and Supreme Court Judges at least by three years. Similarly, there is no uniformity in the age of retirement of the Judges of the tribunals in the country. The 18th Law Commission has also submitted a report recommending uniformity in the age of retirement of the Chairmen and the Members of the different tribunals at the age of 70 and 65 respectively.

Considering the huge pendency of cases at all levels of judicial hierarchy, it has become necessary to increase the number of working days of the court. It has to be introduced at all levels of judicial hierarchy and it must start from the Supreme Court.

The recommendations for an urgent and immediate review of the present procedure for appointment of Judges are being fortified by various legal luminaries and many retired Judges of the Supreme Court. The time has now come to reconsider these suggestions.

The writer is a former Judge, Supreme Court of India and Chairman, Law Commission of India

(The Oped article, “Remedy worse than the malady” (Sept 9) is available on www.tribuneindia.com)