The Tribune, Chandigarh, India

CJ in the line of fire
Lanka may see what happened in Pak

Sri Lanka, it appears, is going to experience what Pakistan did during the last days of Gen Pervez Musharraf. The reasons are different and the person responsible for what may happen in the island nation is a democratically elected head of government, unlike in Pakistan then ruled by a General. But the way the first woman Chief Justice (CJ) of Sri Lanka is being targeted may lead to a major crisis sharpening again the ethnic division in that country. The Chief Justice, Ms Shirani Bandaranayake, is on the line of fire by President Mahinda Rajapaksa apparently for giving a ruling against a controversial Bill which the Sri Lankan government wanted the country’s Parliament to adopt. The piece of legislation was, however, challenged in the Sri Lanka Supreme Court by various opponents of the Bill, including the Tamil National Alliance. The Bill, if it became a law, could undermine provincial autonomy, hurting the interests of the minority Tamils.

Instead of getting the Bill reviewed to make it acceptable to all sections of society, the Rajapaksa government, which enjoys a two-thirds majority in Parliament, has made up its mind to remove the Chief Justice through her impeachment by the legislature. A parliamentary select committee was constituted to proceed against her and it has found the CJ guilty of three of the 14 charges levelled against her. However, the committee’s verdict is questionable as the Supreme Court declared it as “illegal” in a recent ruling.

The CJ has denied all the charges instituted against her, but the Sri Lankan President has refused to accept her plea. Some parliamentarians belonging to the ruling United People’s Freedom Alliance have also allegedly made sexist remarks against the woman head of the judiciary. Whether women in that country come out openly in support of Justice Banadaranayake is uncertain. But one thing appears to be clear: Any action against her at this stage may force different Tamil organisations to oppose her persecution mainly because she delivered a verdict against the government’s scheme of things going against the interests of the Tamil minority. Some members of the judiciary may also join the protesting groups, leading to an avoidable serious crisis in Sri Lanka.

Wrong science
Exam shame at Ayurveda varsity

Guru Ravidas Ayurved University, a showcase initiative undertaken by the SAD-BJP government during its last tenure, has turned out to be a shocking disappointment. Major discrepancies, as suggested in a report in The Tribune on Monday, in the university’s result preparation point to a serious undermining of the system, with the involvement of top authorities of the university suspected. The arbitrary and brazen manner in which alterations in the marks on certain answer-sheets have been made indicate the set-up never rose to the level of a university, and functions as another of those fly-by-night education rackets that operate behind closed doors. That is rather an appalling comedown, given the fact that this was billed as only the third university in the country dedicated to Ayurveda.

Ayurveda is a well-accepted alternative medical science in India. Only it lacks in proper documented research and education, as accepted by modern science. That is an end that could be well served by the setting up of such universities. The Punjab Government also appoints a large number of Ayurveda (BAMS) doctors, who supplement the health care system in the state. With the vast gap in the demand and supply of state medical services, doctors certified by a specialised university could have been an asset for the state. The revelation that will force everyone to suspect the credibility of the graduates of the university is a setback as much to the genuine students as the science itself.

The Chief Minister has ordered an inquiry into the matter. He now has to ensure a thorough investigation, and exposure of the entire chain of people involved. This is important because the mess is also a reflection on the government’s ability to plan and set up a credible institution, appointing only the most trustworthy people at the top. There are also a large number of private universities and technical institutes being opened in the state in various fields. Each faces the challenge of being a commercial success too, which has the potential of pushing them towards unscrupulous practices. This has to be guarded against, because the vast number of degree-holders being produced would be worth nothing if the certificates lack credibility.

Thought for the Day

What makes the desert beautiful is that somewhere it hides a well.

— Antoine de Saint-Exupery

ARTICLE

AFSPA in J and K
Selective withdrawal may be harmful
by Lt-Gen Harwant Singh (retd)

Speaking to the Press on December 21, 2012, Omar Abdullah, Chief Minister of J and K, once again demanded selective withdrwal of the Armed Forces Special Powers Act (AFSPA) from certain districts in the state where insurgent activity is minuscule. He has been persistent in this demand because in his reckoning the situation in the state has vastly improved. Surely, the Chief Minister is well placed to assess the ground reality and the prevailing environment. If he feels confident that in areas from where the AFSPA is removed and military withdrawn, the situation can be handled by the state police and the Central Reserve Police Force (CRPF,) then why not accept his demand!

However, both the military and the Central government have been opposing this demand, which, in the face of it, appears to be reasonable. There are a number of reasons for Delhi and the military to continue with the application of the AFSPA and deployment of military across the state. For one, Pakistan has not shut down terrorists’ training camps nor has it changed its stance towards the export of terrorist activity in J and K. The military authorities are of the view that the infiltration of terrorists into J and K has not substantially decreased. More importantly, selective lifting of the AFSPA and withdrawal of the military from areas where there is minimal terrorist activity will make the insurgents move into these very areas. After all, insurgents are not tethered to only specific areas of the state.

Once the military moves out from an area and insurgents move in there, the first step they would take is to eliminate all the suspected sources of military intelligence. Even those who were cooperating with the military or even sympathetic to it could be targeted. Insurgents, under normal circumstances, draw sympathy and support from the local population through coercion and terrorising people by resorting to selected killings. But in the case of J and K there exist elements within the state that are perennially in support of the insurgents. Some others work towards perpetuating the uncertainty of the future of the state.

The Indian Army has been engaged in counter-insurgency operations for over six decades. There is no other army in the world which has this range and depth of experience in this field. So, when the military opposes the withdrawal of the AFSPA from certain proposed areas in J and K, the stance rests on this vast experience, gained over a long period of time. On deployment in the insurgency environment, it takes the military considerable time and effort to establish what is called “counter-insurgency grid”: get to know the people, terrain and build intelligence sources. It is this grid and intelligence sources that insurgents invariably target: once the military moves out and they move in. Often, the period of truce or the withdrawal of the security forces is used to regroup themselves.

The AFSPA itself has been under fire. The provocation for a move to abrogate the AFSPA is due to alleged serious violations of human rights by the security forces. Counter-insurgency operations are complex in nature and are carried out under difficult and trying circumstances. Often it is a situation where you kill or get killed. In many encounters, collateral damage in the form of casualties to innocent civilians takes place. During such encounters, invariably it is the insurgents who target innocent civilians knowing full well that it is the security forces who will be blamed. In a virulent insurgency, security forces just cannot operate without the cover of the AFSPA. Without it, there would be much hesitation and caution which would work to the advantage of insurgents.

There has also been a move to water down the contents of the AFSPA. Vested interests have indulged in sustained disinformation and have been demanding removal of certain provisions of the Act. It is not to contend that there are no instances of violation of human rights or highhandedness of security forces. Invariably, the military authorities, in the interest of discipline, etc, have initiated disciplinary action against the offenders.

It is essential to examine, in depth, the likely effect the abrogation of the Act or even diluting its contents will have on such operations. The fact that the Reddy Commission has found it necessary to incorporate provisions of the AFSPA into the Unlawful Activities Act only goes to show that these provisions are essential to combat violent insurgency. However, the fallout of these recommendations, if implemented, is that the Unlawful Activities Act itself will become more rigorous and its application in less hostile situations will invite severe criticism.

Counter-insurgency operations are both difficult and unsavory. They involve mid-night raids on insurgent hideouts, where the exchange of fire is a common feature. Since the initiative is always with the insurgents and death could be lurking behind any corner, bush or house, the situation makes troops edgy and prone to over-reaction. Search operations cause annoyance and inconvenience to those being searched. Where intelligence is inadequate, wrong persons get harassed. Casualties among the security forces often invite over-reaction from them, which the military tries to minimise through training and effective leadership.

Delhi has simply failed in its policies in dealing with insurgencies, be these in the North-East, J and K or elsewhere in the hinterland. Insurgency-plagued states have been flooded with developmental funds with no monitoring system in place. Schemes were completed and hundreds of kilometres of roads built — all on paper — and the funds invariably came back to Delhi to line the coffers of contractors, politicians and bureaucrats. Those funds got deployed in building hotels and farmhouses around Delhi, etc. Disturbing Naga culture, the traditional way of life and exploiting tribal rivalries led to further suspicion and alienation. We have dealt with the people of J and K no differently. The script remains the same; only it is played out differently with certain elements of the state itself joining in this loot. There are others who continue to have a stake in the continuance of insurgency and sustaining an impression of uncertainty of the state's future.

If Omar Abdullah is of the considered view that insurgency in the state is on the vane and he can clearly see its end soon enough, and his police along with Central police organisations can deal with the residual insurgent elements, then he must seek complete withdrawal of the military from this task from all over his state. Selective withdrawal of the military and abrogation of the AFSPA from those areas have its own pitfalls. The troops deployed on the Line of Control need focus only on preventing the infiltration of insurgents into J and K. Equally, the infiltrators who move into J and K, taking routes other than those across the Line of Control, too, need to be checked. Arrangements should be made to ensure safe and unhindered movement of the military’s convoys, etc.

The Chief Minister should also be made to realise that once the military is withdrawn from this task and insurgency picks up again, recalling the Army will make its job doubly difficult. It will take considerable time and result in setbacks and excessive military's casualties in regaining control of the situation.

The writer is a retired Deputy Chief of Army Staff and commanded a corps in J and K during a virulent phase of insurgency.

MIDDLE

Safe in Dubai, sleepless in Delhi
by Aruti Nayar

I was in Dubai, where draconian laws ensured the safety of women, as we watched television clips and shed tears at the plight of the Delhi girl, whose suffering has galvanised the nation. My host told me how it was a truly cosmopolitan place and girls could roam around without fear as late at night as they wished to. She also told me how when she was returning late at night with friends, from a function a police car slowed down and asked them if they needed help.

They did not agree (being an Indian, one is more scared of the police, she said) but the van followed them and the official saw them safely inside their apartment before leaving. During our week-long stay there, safety for women became obvious. My daughter stayed back to be with her friend and ironically, while we were not worried about her in an alien country where she was without family support, the moment she was to land at night in Delhi, I got agonised over how she would reach Chandigarh. I just did not trust the law and order machinery in the Capital; it seemed unthinkable to allow an unescorted girl to travel alone.

As one watched the images of protest on television screens, one knew that churning was in the offing. The conspiracy of silence had been broken and, hopefully, a victim of rape would never ever be made to feel like a culprit again. As youngsters milled around demanding justice, one could sense their impatience and disgust with official apathy. It was as if the feisty 23-year-old girl had become a converging point for all the angst, visceral rage and helplessness of what it means to be a woman in India.

What made the lack of safety in India more acute was that when the protests were taking place. Why can’t rapists be given a punishment that would serve as a deterrent? All we seem to do is talk, talk and talk.

While a lot of us felt benumbed and experienced varied emotions as the gangrape shocked us out of our cocoon, it was pathetic to hear politicians speak and reveal degenerate feudal mindsets. The police gave itself a pat on the back (what for?) and analysts went ballistic and unleashed verbiage. The ubiquitous “experts” expertly talked at each other, not to each other.

One wonders what is the purpose of so many words. A silent and firm resolve should ensure protection of women and sensitisation of men. Hope lies in the manner in which people across the board united, toned down celebrations and actually put bystander apathy on the back burner to become not only more vocal but also proactive. The tipping point has been reached and it is high time those in power realised the need for taking concrete measures as this generation is not content with pious platitudes and homilies.

Let us hope this protest is a gamechanger and does not peter off, merely to remain frozen as images on our mindscape to be used for yearenders.

OPED — SOCIETY

Teaching girls self-defence
A society that had become desensitised to violence against women is now demanding change. Apart from changes in policing and laws training in self-defence can empower women and also build up trust with the police
Upneet Lalli

College girls participate in a basic judo camp for self-defence in Ahmedabad on January 5, 2013. The recent Delhi gang-rape is forcing women and girls to protect themselves with basic defence skills like judo and karate. Photo: AFP

OUR lives begin to end the day we become silent about things that matter”. Martin Luther King had summed up the need to shake public apathy. Has the silence as regards violence against women ended in our society? The collective pain, grief, anger and despair seen over the past few days are an indication of a society that lost its patience with the insensitivity and injustice encountered in the daily life of women.

“Agitation is the marshalling of the consciousness of a nation to mould its laws”, remarked Robert Peel. The sheer brazenness of perpetrators of violence against women denies the victim’s right to justice and redress. It has led to a cry for stronger laws and harshest punishment to serve as deterrence to such crimes. It’s not just the severity, but the certainty of punishment along with swiftness that ensures its efficacy. Lynch mob mentality spells danger to the rule of law. An effective justice delivery system is the need of the hour. In fact, Thomson Reuters in its report has ranked India fourth along with Afghanistan, Congo and Somalia as the most dangerous place for women. Not a single day passes without incidents of violence against women, many of which may also go unreported.

Mindset of a victim

The continuum of violence against women starts from pre-birth till death. In fact, “victimness” has become a part of the social construction of the “female”. As girls we learn early in life to ignore the whistles, catcalls, stares and lecherous behaviour. We get conditioned to avoidance behaviour — avoid going out late, avoid being alone — and we can’t step out of homes, assured of our total safety. Are women alone responsible for their safety? Is restricted mobility and autonomy a solution? Howsoever secure the child is in the mother’s womb, it cannot obviously be there forever. Girls have to move out of home and society has a duty in providing a secure environment and this duty is cast upon everyone, particularly the law enforcement machinery.

The learnt helplessness in girls rarely gets challenged. One of the first lessons at the start of my career was how not to be either a victim or a mute spectator. I have seen that even educated, empowered women may continue being victimised. Law can regulate human behaviour, but changes in values and attitudes are urgently needed to reshape an India that is safe for women. Hence, legal reforms need to be supplemented by social reforms as violence against women will not end overnight. Gender-based violence is deeply rooted in our culture and social relations between sexes. It should not be forgotten that persons who are in the legal system are also products of society, and their behaviour reflects this.

I have a favourite question that I ask the heads of the police: “In this 21st century how safe would you feel if a woman from your family is required to visit a police thana at night?” That’s an indicator of how much trust you have been able to generate. This aspect needs introspection in order to improve the perceptions of safety and trust that have been lost. Making more police women available also is not the ultimate answer since they too absorb the masculine culture. Some police women may themselves feel unsafe in the presence of male colleagues!

Community policing

Gender-sensitive policing requires constant training, and public evaluation. There is a need to have key performance indicators for gender responsive and gender-sensitive policing. Community policing experiments carried out in this regard, particularly teaching girls self-defence by the police will serve the dual purpose of empowering women and also build up trust with the police. Aspects of crime prevention need a special focus and community policing has to be in the spirit of true partnership. It will require a more visible leadership in the police that strives to create faith, and trust in the community in order to bring order in the system.

How safe do victims feel in approaching the police? After a crime takes place, the first step towards seeking justice is lodging an FIR. The recent incident of a rape victim committing suicide in Patiala district, and another case of Sarita who had consumed poison in front of Haryana police headquarters around four years ago was due to the fact that victims were not heard, were disbelieved. The names of victims may differ, but their problems in struggle for justice remain almost the same. The police at large fails to recognise that rape is not just unwanted sex; it’s a highly traumatic event. Rape victims suffer disintegration of their inner world. The survivors may end up being victimised over and over again and at times many may attempt suicide in their battle for justice.

The justice system

In India very few officers in the criminal justice system – the police, prosecution and the judiciary are aware of the rape trauma syndrome. Research has shown that rape victims suffer a significant degree of psychological trauma during, immediately following and for a considerable time after they have been raped. There are a specific set of physical, cognitive, behavioural and emotional symptoms that may be seen in survivors over time. The time it takes to recover fully varies for each survivor, depending upon the support systems available as well. In fact, in the courts of South Africa and other countries, this syndrome is introduced as evidence. Victim impact statements must be a part of the sentencing process in India. Aside from deterrence, measures to alleviate the trauma of sufferers are much needed.

Few women, even highly educated amongst us, know what to do if a sexual assault takes place. Valuable evidence may then get lost. It is time that we educate our girls to be prepared and have support systems in place when an incident happens. Rape crisis centres should be set up to help the victims immediate medical and health needs. In the aftermath of an attack, the victim is in a struggle to take back control of her life. Victim blaming takes many forms — in terms of dress, what were you doing etc. Compounding the problem may be reactions of the family, friends, co-workers and the police who ask many of the same questions. These myths — like rape victims invite it themselves, it cannot be without the woman’s consent, most of the rape complaints are fake etc — exist in all countries. Addressing this issue is very important. There is a need to raise awareness and dispel the myths that effectively affect outcomes for victims and the confidence in criminal justice system. Rape is one of the most traumatic events that leave their irreversible impact on victims. Counselling can help these victims to deal with their fear and also cope with the psychological impact of the attack. Rape victims may have to confront different types of fear. The initial response from victims may be of rage, fear, worthlessness, guilt/blame. The initial feelings of shock and disbelief are followed by bewilderment, fright, rage and despair. Victims need time to sort out their emotions before they can come to grips with reporting an incident to the police. Healing takes time and even family members need help in coping with the trauma.

Issue of child abuse

Another sensitive issue is of child sexual abuse. These have an even deeper impact on the emotional instability of the victim. Imagine the trauma of being raped by someone you trusted and loved or the trauma of no longer feeling safe in your own home. These are the disturbing dynamics that increase the severity of the impact of abuse by a known person. The Protection of Children from Sexual Offences Act, 2012, has specifically defined the sexual offences against children and the punishments along with having child friendly procedures for reporting and trial process.

Awareness of this particular law is needed especially amongst the law enforcers so that the rights of children are protected. It is also essential that we do not shy away from discussing child abuse in a language that children understand. Crime prevention strategies have to start early. It is easy to make laws, but the real challenge always lies in effectively enforcing and implementing them. We need action, not platitudes; there is a need to create faith in the justice system to dispel the darkness surrounding the system today.

The ability of the law to produce change is probabilistic, contingent and sequential. Internalisation of values that we seek today, demands action from each of us. We also need to teach the boys to grow up as men who respect women and who learn early in life that there is no place for violence in relationships.

The writer is the Deputy Director, Institute of Correctional Administration, Chandigarh. The views expressed are personal