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Juvenile criminals
Day in court |
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An old French refrain ends
The Justice Verma report
The elusive tiger
Youth priorities find themselves shifting from the confines of identity politics to progressive leadership. Such a change has been attributed to movies, music videos and literature, prompting bans, even arrests, based on ambiguous interpretation of ‘hurting sentiments’
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Juvenile criminals
The
Juvenile Justice (Care and Protection of Children) Act, 2000, has been the subject of a heated discussion since the brutal gang-rape of a physiotherapy student in Delhi, leading to her death. The reason is that the most vicious criminal charged with raping the 23-year-old girl was a minor, below 18 years of age. The law has it that he has to be dealt with separately in accordance with the Juvenile Justice Act. People’s reaction reflected their anger that the person who otherwise deserved harshest punishment might be simply sent to a correction home for a period of three years, not getting his just deserts. Most people wondered what kind of a law we have. The Supreme Court’s decision to go deeper into the constitutional validity of the Juvenile Act is, therefore, relieving for those who had been feeling strongly about instilling the fear of law in the minds of all, including juvenile offenders. It was generally pointed out that anyone who committed a crime must be punished as harshly as possible, irrespective one’s age. But people’s sentiments could not influence the Justice Verma Committee which gave its recommendations on sexual assault laws as it thought would be in the interest of justice. It did not recommend lowering of the age of juvenile criminals from 18 to 16 years as demanded. Those who plead for a reduction in the age of juvenile offenders, obviously, believe that the age factor should not help a criminal in getting away with less punishment. In any case, two things need to be kept in mind: no leniency should be shown in punishing a law offender once his guilt is established. This is essential to ensure that there is fear of law in our society. This can act as a deterrent for anyone indulging in crime. The second point is that the age factor does play a major role in the behaviour of a person. There is a greater chance of a younger criminal, a minor, succeeding in transforming his life and becoming a more responsible citizen once he gets an opportunity than a person who is a major. A juvenile delinquent, therefore, deserves to be treated differently.
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Day in court
Suresh Kalmadi
became the tainted face of the massive cost overruns and charges of corruption that flew thick in the air and virtually threatened to overshadow the spectacle that the 2010 Delhi Commonwealth Games were meant to be. He has now pleaded “not guilty” in a CBI court where he and nine others are facing a corruption case that goes back to the Commonwealth Games. Kalmadi, as the CWG Organising Committee chairman, the committee’s secretary general Lalit Bhanot, and others are being sought to be prosecuted for allegedly causing a loss of over Rs 90 crore to the exchequer by committing irregularities in awarding a timing, scoring and results system contract to a Swiss company. Kalmadi and other accused face serious criminal charges, including those of a conspiracy to commit cheating, forgery and destruction of evidence. While it is for the CBI to prove its contention and for the court to judge the merit of the accusations, there is no doubt that the public’s demand that those engaged in corrupt practices during the Commonwealth Games should face the long arm of the law is finally being met. The CBI court’s decision to hold a daily trial is also to be welcomed, since whatever the delay in framing of the charges, at least now the proceedings would move along in a speedy manner. Corruption and financial malpractices have long bedevilled the nation. Indeed, even during the Commonwealth Games, when the world was watching, there were a distressingly high number of reports suggesting improprieties and worse. It is only of late that some of the people who have reportedly been involved in such malfeasance have been held by the long arm of the law. Since many of them, including Kalmadi, are public figures, they should welcome a chance to have their day in court and defend themselves against the charges which have tainted their name in the eyes of the general public.
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An old French refrain ends
No
prize for guessing who wears pants in France? For 200 years French women, who played an active role in the French Revolution through World War II and the subsequent industrialisation, were not allowed to wear pants under the French law. Why such discrimination against women in the land of the sartorially savvy Mecca of fashion? Well, the same old mindset made French men shudder with fear, thinking that if women wore pants many of them would lose their jobs. The order banishing women from wearing trousers was aimed at limiting their access to certain offices and occupations, which obliquely ensured that the jobs remained with men. History, however, tells us a different story. On October 1, 1789, crowds of French women assembled at Parisian markets demanding city officials to respond to the harsh economic conditions they faced, especially the shortage of bread. Of these, about 7000 marched to Versailles, with canons and a variety of smaller weapons. But they never wore pants. In the year 1800, when the statute of banning women from wearing trousers was enforced, women in the French military were responsible for preparing meals for soldiers. In 1914 they were recruited as medical professionals; in 1939, they were authorised to enlist with the armed service branches; and in 1972 their status evolved to share the same ranks as men. They broke many male bastions but were not allowed to wear pants. Though the law was modified in 1892 and 1909 to allow women to wear trousers if they were "holding a bicycle handlebar or the reins of a horse.” Women’s clothing continues to stir political passions in France; Cecile Duflot, the 37-year-old Green housing minister, was criticised for wearing jeans to the first Cabinet meeting of Socialist President Francois Hollande's new government. A number of women also broke parliamentary protocol by wearing jeans during an extended debate over France's planned legalisation of gay marriage. But now women of this highly evolved society can wear pants without breaking a law.
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Some people strengthen society just by being the kind of people they are. —John W. Gardner
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The Justice Verma report IT is seldom that the government bows before the people’s demand because its sense of righteousness is so strong that it does not like anyone to pick holes in governance. The gang rape of a 23-year-old girl in Delhi brought thousands of students on to the streets. Their anger was so relentless that the Union Home Ministry had no option except to appoint former Chief Justice of India J.C. Verma to probe the matter and suggest measures to make the existing laws stronger and the environment better. Justice Verma’s prying eyes have caught the politicians, including members of Parliament and state assemblies, who are facing criminal charges. He has rightly demanded that they should be disqualified from taking part in the electoral process. They number roughly 17 per cent in Parliament and assemblies. I do not think that the government would take any action against them because the people with criminal charges are practically there in all political parties. In the Congress, their number is crucial because the ruling United Progressive Alliance (UPA) has already lost a majority in the Lok Sabha. The BJP too would not like its tally to go down if such people are ousted. I was too happy to find support to my demand after the gang-rape that the Delhi’s Police Commissioner should have been dismissed or transferred. Justice Verma has said likewise: “I was shocked to see the Home Secretary patting on the back of the Police Commissioner. The least that could have been done was to seek an apology from the people for the city being unsafe.” No wonder, none from the police bothered to appear before the Verma committee. The Home Ministry must have advised the force against it. The ministry too did not send any recommendation while the committee received 80,000 recommendations from people. This explains what is called a nexus between politicians and the police. Both indulge in homilies but seldom criticise one another. Both are part of the establishment which want more and more power with less and less accountability. Both are really responsible for the mis-governance or non-governance. That civil society is increasingly insensitive to what happens to the common man has been underlined by Justice Verma: “Equally shocking,” he said, “was the large number of people passed by when the victim and her companion needed help...there was total apathy of everyone who had a duty to perform.” Perhaps Justice Verma does not realise that most people would want to help the victims, carry him or her to the hospital and even inform the authorities. But the harassment they face at the hands of the police at a thana is too humiliating for people to pocket. In a law court also, the helper is so much cross-examined as if he or she is in the dock. Still Justice Verma has a point that the apathy of people at the scene is unpardonable, whatever the difficulties. I have always believed that the Armed Forces Special Powers Act (AFSPA) has outlived its utility, if it had any. To allow the forces to get away with killings even on suspicion — many incidents have come to light in Kashmir and the Northeast — is unpardonable. The Verma Committee has suggested to review the Act so that it is not used for exploiting women. The Army is deadly against any change in the AFSPA and has denied any rape case. This statement is not entirely correct. The gang-rape in Kunom Poshpara in Kashmir in 1991 requires full investigation. The Army’s personnel were found as much guilty as some in the civil administration. When the Supreme Court has proposed the death penalty for the rarest of rare cases, why has Justice Verma felt shy of not recommending the death penalty for a rapist? Justice Verma’s remark is that his committee was “not swayed” by the public outcry to hang the rapists. In a democracy, public outcry is the only way to assess anger. Were there to be a referendum, the Justice Verma Committee, which has opposed the death penalty, would come a cropper. The government should rectify the mistake and lay down categorically that a rapist will be hanged. The committee in its 630-page report has suggested amendments to criminal laws to provide for higher punishment to rapists. But the important part is the punishment to those belonging to the police ranks and other public service for not responding adequately to the situation or not taking measures to prevent rape. I think that the accountability of police and public servants is key to the crime of rape. We hope we would be able to see the government reaction soon. If Justice Verma can produce the report in 29 days, the government can surely take action against police officials and delinquent public servants in a month’s time, if not earlier. My guess is that the report will be “under consideration” whenever any question about it is asked. This will prove, if any proof is needed, that there is a nexus between the politicians and the police. Implementation of Justice Verma’s recommendations will disabuse people’s mind of such an impression. But I have my doubts.
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The elusive tiger After having fortunately sighted tigers at the much-hyped Corbett, Kanha and Ranthambore National Parks, a visit to Periyar Wildlife Reserve in Kerala would prove to be a dampener, so I thought initially. The lust of encountering the majestic cat in the wild is addictive, especially after having experienced it before. And Periyar in the Western Ghats is not famous for its wild cats. Sure enough, when I reached Periyar, nobody talked about tigers. "What is the number of tigers here?" I asked my guide as we readied ourselves for the boat ride. "Fortytwo, according to the last census," he said. "Do you sight them regularly?" "Not really, but a tiger was spotted just two days ago." Really. So, there was hope. As we reached the banks of the Periyar lake, we saw a young mother elephant bathing and frolicking with her calf. On the boat ride, we spotted a figurine of a bird with its wings spread on a tree stump. It is the great cormorant drying its wings, our guide told us. It sat there motionless like a statue! The tree stumps in the lake provide a great nestling ground to many birds. The bright and blue kingfishers; the shiny black darters with their long, snake-like necks, and magpie robins were some of the birds we spotted. A woolly-necked stork resting on a stump looked like grinning from ear to ear. On the way back to the Rest House that evening, our guide showed us a Malabar giant squirrel on a fruit-laden tree, probably having a sumptuous meal. "The reserve has about 320 bird species!" boasted the guide. But this was little consolation to one whose thoughts were still stuck on spotting a tiger. The news of spotting a tiger recently must be a promotional gimmick by the authorities, I thought. The nature trek into the sylvan surroundings the next day offered us glimpses of the rich tropical biodiversity of the region. We were stopped in our tracks by a monitor lizard scrambling past us. A few yards further into the trek, an Indian wild dog or dhole glided past in a foxy trot. Up and above on a tree was a brahminy kite perched near its unkempt nest, keeping a close watch. Its white chest looked like an elegant fur jacket. On the gravel tract in front of us were a few plump painted-bush quails, almost camouflaged in the sand-coloured terrain. A greater racket-tailed drongo sang in high pitch from the bamboo thickets. At a distance, a few gaurs were grazing lazily. This rich experience made me forget about the tiger — for a while. The wildlife experience is not all about chasing wild cats, though that's what we end up doing given the hype surrounding them at other national parks, I realised. There's wildlife beyond the tiger as
well.
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Youth priorities find themselves shifting from the confines of identity politics to progressive leadership. Such a change has been attributed to movies, music videos and literature, prompting bans, even arrests, based on ambiguous interpretation of ‘hurting sentiments’
The
term liberal has not enjoyed a good reputation in India. From images of scantily dressed women headed to discotheques to live-in relationships liberal has enjoyed a controversial image at most. The president's son's "painted dented" comment encapsulated this image. But the backlash to his comment, and his immediate apology on all major media channels marked a silent acceptance of that
folly. The bureaucratic elite, a culture of lal batti can no longer continue their anti-liberal rhetoric freely, there is a shame attached to accusing a women for inviting rape because of the hemline of her skirt or being out late at night. While leaders might still harbour ignorant, misplaced, chauvinistic beliefs, it is no longer acceptable to be associated with them publicly.
Advent of liberal youth
Culture is never static, and is an ever-morphing movement with the youth in every era heralding changes,whether it is at the forefront of revolutions or more subtle changes in tastes and preferences. Globalisation has catalysed the homogenising effect of values, with the youth in India embracing universal values not only of democracy, free speech but increasingly individualism and latitudinarian values. Youth priorities find themselves shifting from the confines of identity politics to progressive leadership. Such a change has been attributed to movies, music videos and literature, prompting censors and bans, and even, arrests based on ambiguous interpretations of 'hurting sentiments.' Liberaliation, however, is a phenomenon collateral with the rise in education, globalisation and social mobility. Liberalisation cannot be curbed by such superficial intimidation. Often misunderstood, misquoted and misrepresented liberalisation is an overarching set of values tied by a commitment to revise outdated mindsets with an underlying respect for each and every individual despite different genders, religion, castes or regions. A liberal man would not dismiss vulgar remarks made by his friends because boys will be boys. Liberal men would not find objectifying women’s normal behaviour, leaving the onus to women to cover up, deeming men to be apes with no self-control. Liberalisation along with a propensity to discard archaic values is respect for the other, be it the other gender, religion or caste.
Institutionalising liberalisation In addition the blame does not lie only with chauvinistic men, but the women who teach their sons no better, the women who believe they are not victims but perpetrators for their own anguish,women representatives such as Sushma Swaraj who declared rape victims who survive are zinda laash;(living corpses). Our culture is in dire need of a revision, where Kavita Krishnan, secretary of the All India Progressive Women's Association, declared the need for a society where women are free to be "adventurous, reckless and rash", words used by law enforcers to define "rapeble women".
Youthspeak
Suppression of voice Disconnect because of clash Gap apparent Leadership must transform To change such mindsets is first to realise and acknowledge that the directives to women, curtailing their freedoms is a convoluted approach to finding a solution. Instead the root of the barbarism must be addressed which is a deep-rooted machismo culture. Leaders who make comments such as why she was out that late, should be shamed, no woman is safe in India till comments of such nature are made, entitling men with criminal tendencies to hide behind the age-old she-asked- for-it veneer.
Lal batti fights back
Lal bati leaders hence are not happy with increasing liberalisation. Justice Markandey Katju summed up the lal batti culture as a phenomenon, "When most of our people go to vote they cast their votes on the basis of caste or religion, not the merit of the candidate. What else is the meaning of vote banks? This is exploited by some unscrupulous politicians, who know how to manipulate and manage these vote banks. That is why many persons with criminal backgrounds get elected." Youth must not prioritise candidates based on the right religion, right caste or background; they must demand sound policies, progressive and responsible. Such a challenge to status quo is not welcomed to leadership. Bureaucrats, politicians and leaders who have relied on gaining votes from predictable methods of identity politics will now have to work on something else than the divisive lines of religion, region, caste, creed or community. Giving powers to politicians should be subject to the results they produce for those who vote for them, and not by merely declaring themselves as belonging to the same religion.
Bridging the gap
The youth are not the only supporters and patrons of liberalisation but intellectuals too. Gurcharan Das provides a positive outlook for a case for liberalism in his book India Grows At Night, citing evidence of liberalism from as far as 2,000 years back where Emperor Ashoka supported secularism or education for women in 19th century Kerala. Das even provides liberalisation as a solution to deep-rooted problems such as corruption, blaming bureaucratic stronghold for quashing economic growth in India by giving them power to allow or quash new businesses, in other words creating positions to bribe. Unflattering as the comparison might seem, current conditions in India are comparable to the Gilded Age in the United States at a time when the net wealth of those belonging to the "rich club" was in astronomical figures, inequalities were extreme and social mobility and reform difficult. Liberalisation, hence he proposes, is a step towards respect and equality but transparency and efficiency, a necessity if India is to live up to its super-power prediction.
Though intellectuals provide a ray of hope when juxtaposed against countries such as China, India's liberal status is misleading and premature where legislators still contemplate wrong-sided reforms such as banning skirts to prevent eve teasing. The anger and the change in mass sentiment is a potential indication of a wave of reforms but far from being heralded as the India Spring. Bridging the gap is a necessity to address the frustrations the youth faces. Institutionalising such a change is a fundamental step towards liberalisation of the lal batti. Bureaucrats' pay scale should reflect the positive changes they have made in their districts. Why would politicians want education when it dismantles their vote banks? Politicians should be elected for the policies they support not the temple they visit, by their actions not their affiliations. Kudrat Kahlon is a filmmaker.
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The disconnect between governance and youth is latitudinal. Liberalisation itself must be redefined. Redefine the public and the private not just in economic but political realms.
— Dr Shiv Visvanathan, social anthropologist.
Professor at Jindal University
Lack of youthful representation in governance has led to suppression of a majority of the nation’s voice. There is a great divide in the thought process between the values of the older generation and the needs of the young generation. Having young members in the government will only strengthen governance because younger officials will be more sensitive to the needs of the present to build a bright future for our nation.
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There is a disconnect between the liberal youth and the politicians, because of clashing ideologies and a lack of initiatives. Ideological clash because the recent remarks made by politicians, based on caste and religion, appeal only to the fundementalists, orthodox Hindus and Muslims of the country and not to the educated, liberal youth of today. The latter are concerned more with the development of the country. The lack of action by the state or the Centre, the laxity in implementation of laws is irritating for the youth. We all see what really goes on in Parliament.
The recent developments in Delhi and around the country have made the gap between political elite and citizens of this country more apparent more than ever. With the introduction of stringent laws against corruption , rising public awareness and willingness to exercise the institutions of civil society and democracy against the excesses of those in power, some sense of accountability and responsibility can be restored.
Today the youth is well informed and aware of the environment they live in. Gone are the days when they needed a leader to follow. The youth is now independent and pointed which is why there is a clash in views. Leaders, however, almost always act in their own self interest, leading to corruption, red-tapism. Leadership must transform and transcend bureaucracy.