The Tribune, Chandigarh, India

ARTICLE

The Abe visit boosts bilateral ties
India, Japan agree to craft a stable balance of power in Asia
G. Parthasarathy

When Prime Minister Narasimha Rao embarked on his "Look East" policy as India moved from an era of socialistic stagnation to economic liberalisation, his primary aim was to accelerate economic growth by integrating India's economy with the fastest growing economies in East and Southeast Asia. The primary focus of attention was on closer economic integration with ASEAN members across the Bay of Bengal with Myanmar acting as the land bridge to these countries. The relationship with Japan remained stagnant because of strong Japanese objections to India's nuclear programme and tests in 1998.

Just over 15 years later, India's relations with Japan are blossoming. This was evident in the reception accorded to Prime Minister Shinzo Abe when he was the chief guest at this year's Republic Day celebrations. Japan has for too long chosen to remain on the sidelines, on issues pertaining to regional security, as some of its neighbours and even allies like the US, never tired of reminding it, of alleged atrocities in World War II. But leaders like Prime Ministers Junichiro Koizumi and Shinzo Abe believe that the present generation of Japan need no longer feel inhibited in playing a role commensurate with the immense economic power and military potential of their country. While linked to the US in a military alliance, the Japanese feel that recent American actions indicate that the two countries are not entirely on the same page on how to respond to growing Chinese aggressiveness on its maritime borders with South Korea, Japan, Taiwan, Vietnam, the Philippines, Malaysia and Brunei. China has not hesitated to use force in asserting its maritime border claims with Vietnam and more recently the Philippines.

Tensions between Japan and China have escalated sharply over the disputed Senkaku Islands, which have been under Japanese control since 1895. The US-Japanese Defence Treaty covers defence of these islands. Provocative Chinese maritime actions near these Islands and beyond, together with a unilateral Chinese declaration of an Air Defence Identification Zone (ADIZ) require all foreign aircraft flying across the East China Sea to identify themselves to the Chinese authorities. These actions have raised serious concerns. The Chinese ADIZ unilaterally extends Chinese sovereignty over the East China Sea. It challenges Japan's sovereignty over the Senkaku islands. Unlike India, which responds meekly to Chinese intrusions, Japan has reacted strongly to Chinese provocations.

The Abe government has commenced strengthening its already formidable defence forces. On December 12, 2013, Japan announced a new five-year plan aimed at filling gaps in its defence in the event of a military conflict with China. The defence buildup includes the acquisition of maritime surveillance aircraft, mobile fighting vehicles, aerial refuelling aircraft and advanced fifth generation fighter jets. On December 18 Japan hosted a significant regional summit, attended by nine of 10 the ASEAN Heads of Government. A Japanese aid package of $ 20 billion was announced. The summit declaration was critical of Chinese policies asserting the "importance of maintaining peace and stability in the region, promoting maritime security, freedom of navigation and unimpeded commerce by exercise of self-restraint and resolution of disputes by peaceful means". Japan and ASEAN also agreed to strengthen maritime cooperation to meet these objectives.

Prime Minister's Abe's visit to India was clearly intended to build a stable balance of power in Asia to counter growing Chinese assertiveness. Defence cooperation and joint military exercises with Japan have grown in recent years with Japan as India's only partner where officials from the respective defence and foreign ministries jointly meet their counterparts. This dialogue is being raised to the level of National Security Advisers. Moreover, the annual India-US naval exercises are now to include ships from Japan's navy. Thus, we are moving to a situation where India and Japan, together with the US, will hold naval exercises in both the Indian and Pacific oceans. Both India and Japan, which is even more dependent than China on imported oil and gas, share an interest in maintaining the security of sea lanes across the Pacific and Indian oceans. This constitutes an effective answer to Chinese maritime ambitions.

Perhaps the most important development that the mandarins in Beijing will note is the assertion by the Prime Ministers of Japan and India underscoring "the importance of over flight and civil aviation safety in accordance with the recognised principles of international law and the relevant standards and recommended practices of the International Civil Aviation Authority". In, effect Tokyo and New Delhi have told Beijing that its declaration of an Air Defence Identification Zone is illegal. Coming barely six weeks after a similar declaration by Japan and ASEAN, China will have to swallow the fact that its territorial and extra-territorial claims are inadmissible and unacceptable. China has, in recent years, used force to enforce outrageous territorial claims on the Philippines and Vietnam. It has incrementally sought in recent days to move its territorial claims to south of the Karakoram range in Chumar, while New Delhi has dithered and deluded itself into believing that setting
up new mechanism will end the Chinese appetite for ever expanding territorial claims across its land and maritime boundaries.

The Abe visit came at a time when bilateral ties were on an upswing. Trade ties have rapidly expanded after the Comprehensive Economic Partnership came into force in 2011. Bilateral trade is expected to reach $24 billion this year from $18.3 billion last year. Japanese investment is steadily expanding, particularly in the automotive sector, with larger investment flows expected in fast trains and the Metro rail networks in Delhi and Chennai. Japan is now committed to promoting investment of Japanese companies in the development of national manufacturing zones in India. India-Japan joint projects are envisaged along the Delhi-Mumbai industrial corridor and the Chennai-Bengaluru industrial corridor. It is crucial that Japanese investment is promoted in key areas like electronics and communications, where the current overdependence on imports from China is not desirable.

The Abe visit has laid a strong foundation for expanding cooperation. Two major Asian powers have agreed to craft a stable balance of power in Asia in the face of a Chinese push for hegemony in the continent. It comes at a time when there is growing scepticism about the policies of the Obama Administration, given its continuing flip-flops in its policies towards Iran and Afghanistan and in its much-touted "pivot" in the Asia-Pacific. India can, however, play a proactive role in this context, only if it restores policies conducive to rapid economic growth.

MIDDLE

The Pied Piper turns ten
Poonam Khaira Sidhu

There a 'Pied Piper' on the Internet. And on its tenth anniversary there's a present for each Facebooker from Mark (yes Zuckerberg) and the Facebook Team — your very own Facebook Movie.

What started out as a networking site for youngsters has grown and what a growth! There's no generation-gap here. Grandpa and grandson could easily be logging in the same number of hours. But there are differences. Grandpa cannot get away with putting his status down as 'it's complicated', Grandma would break his iPad. The grandson, however, can -- and the lasses then know that he's available and can promptly start 'snapchatting' him. Also Grandpa is not on grandson's friends' list. Grandsons who allow that privilege discover that Grandpa likes all the nubile lasses but pays scant regard to the lads, and have to block him.

There are no borders here, so Facebook is the "New Train to Pakistan" for a whole generation whose memories of Meena Bazaar never faded and whose thoughts still wander, tirelessly down the road in Montgomery, Karachi et al with friends left behind. So move over Wagah and Siachen, on Facebook, Hindustani, Pakistani, Chini and Japani — everyone's 'bhai-bhai'.

The ladies have discovered a new way to 'keep up with the Joneses' while having a pedicure. No more telephone calls to prise details out of reluctant friends. Who's wearing what! Who's got the "It purse", who's put on weight, had liposuction or botox, and who's having a little fling with whom! Their 'News Feed' on Facebook holds all the answers. The evenings are no longer just about the "K" serials on TV. 'Saas' and 'Bahu' do tune in, but while also composing their 'update' post for the day.

Facebook is the new 'adda' for gossip, providing grist for the mill at kitty parties and get-togethers. It's common place to hear snatches of conversation that go: "Do you know so and so had a bypass? "Oh, no one told me ". "Well he posted it on Facebook and everyone knows and has called on him". While the unfortunate one is ruminating his carelessness, there's another intrepid one talking about a senior official's book release and another honcho's promotion and how they have already sent flowers to both". "Darn" thinks the careless one, must check my 'News Feed'. But the intrepid one's advice is: "Oh, once isn't enough, check in at least two times, once in the morning and once before you sleep".

Facebooking is the new way to announce engagements, anniversaries, 'paths', 'bhogs' and funerals. What was once an entry in the newspaper 'classifieds' is now an 'event' that starts with a Facebook page lauding the person followed by details of who's invited and who's attending so goodbye RSVP-ing. Family outings are not complete without the mandatory 'pre-party' and 'at-the-party' photo-shoots with wives trying to get a picture with hubbies, before they are too drunk or dishevelled for a 'pic' that merits an outing on facebook.

For the new global family with parents in India and kids spread out in Africa, America and grandchildren in Europe — it's the easiest way of keeping in touch with loved ones. And for Indian extended families where every pimple is 'news' to be shared from grandma to great-grandsons, Facebook makes life a whole lot easier. 'One post and the whole family knows it', and it's incidental that so does half the world if you have chosen the default privacy settings. And the Pied Pipers following grows!

OPED — GOVERNANCE

Beacons only for emergency services
In all countries, the use of beacons is the sole prerogative of the emergency services. This is so even in countries like the USA and Canada. In no other country do the Heads of State or executive officers use beacons.
Kanwar Sandhu

Fixing the beacon: Allowing the select few to use beacons is illogical as it makes them more equal than others in gaining access to roads. Ordinary road users are forced to give the way. Tribune photo: Anand Sharma

IN a recent judgment the Supreme Court, while pruning the list of those who could use flashing beacons on their motor vehicles, ruled that only the constitutional authorities were entitled to this privilege, as they required a right of way on roads. The ruling, which came on a Public Interest Litigation (PIL) petition, though welcome, tends to overlook not only the constitutional provisions but also the basic traffic imperatives observed the world over.

The apex court agreed that the use of symbols of authority such as red light were contrary to the constitutional ethos and the basic features of a Republic. However, on deeper consideration, the court felt persuaded to accept the submission of the government to make an exception for those occupying constitutional positions as a special category. These “high dignitaries” were allowed to use the beacons of different colours.

Equality before the law

This “relaxation” given by the court is itself in violation of Articles 14 and 38 of the Constitution. Article 14 is, of course, general in nature: it reaffirms the citizens’ right to equality before the law. Article 38 of the Constitution enjoins upon the State to secure a social order for the promotion of welfare of the people. This article further states that the State shall endeavor to eliminate inequalities in status, facilities and opportunities. What is unfortunate is the fact that the Supreme Court order on the PIL puts a stamp of approval on an unconstitutional act of the government. It creates a class of people who are, as George Orwell described in Animal Farm, “more equal than others”. And they incidentally include the judges themselves!

In fact, for the purpose of authorising beacons, the Union Government and the state governments have, on the basis of the provisions of the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989, issued notifications in 2002 and 2005. These provisions allow two types of beacons – “red light with a flasher” and “red light without a flasher”.

The “high dignitaries” in the first category are 12 in all. They include the President, Vice-President, Prime Minister, former Presidents, Deputy Prime Minister, Chief Justice of India, Speaker of the Lok Sabha, Union Cabinet ministers, Deputy Chairman of the Planning Commission, former Prime Ministers, Leaders of the Opposition in the Rajya Sabha and the Lok Sabha and the Judges of the Supreme Court.

The second category of people who can use “red light without a flasher” are the Chief Election Commissioner, Comptroller and Auditor General of India, Deputy Chairman of the Rajya Sabha, Deputy Speaker of the Lok Sabha, Ministers of the State of the Union, members of the Planning Commission, Attorney General of India, Cabinet Secretary, Chiefs of Staff of the three services holding the rank of full General or equivalent rank, Deputy Ministers of the Union, officiating Chiefs of Staff of the three services holding the rank of Lt General or equivalent rank, Chairman of the Central Administrative Tribunal, Chairman of the Minorities Commission, Chairman of the Scheduled Castes and Scheduled Tribes Commission, and the Chairman of the Union Public Service Commission.

Red light for ex-PMs?

A careful perusal of the two lists shows that allowing some of the persons to use beacons is illogical as it puts them in a special category of being more equal than others to gain access to roads, while others are made to wait, often endlessly. For example, how does one justify the former Presidents and Prime Ministers (most of whom lead retired lives) to get free road access over and above the normal citizens of the land, who may be rushing to save the life of a person in an emergency? The same holds true of the Lok Sabha Speaker or the Rajya Sabha Deputy Chairman when these two august bodies are not in session.

Similarly, what would be the pressing emergency for the Chairman of the Minorities Commission or any of the other SC/ ST Commissions to get an unhindered road access all the time? Those who occupy or have occupied high executive posts would require adequate security, which is what they need but not beacons on their vehicles.

What is more, the state governments have been authorised to make their own set of rules and regulations for the dignitaries of the state on the basis of the GOI notifications. Indications are that while making their draft rules and regulations the state governments are once again embarking upon their own interpretation, which are contrary to the very spirit of even the flawed Supreme Court order.

What is surprising is the court’s decision on the use of beacons by the men in uniform and operational agencies, which actually require an unhindered access to the roads in performance of their duty. Those engaged in emergency duties such as ambulance services, fire services, and police vehicles used as escorts or pilots or for law and order duties have not been allowed to have red lights. It has been specified that they will use lights of other colours - blue, white, or multi-coloured.

This is in sharp contrast to the system in other countries, where such agencies not only get priority but they are the only ones allowed the use of beacons of any colour.

In no other country do the Heads of State or executive officers use beacons. The only Head of State, other than the Indian Head of State, to use a flashing light is Dr Lobsang Sangay, Prime Minister of the Tibetan Government-in-exile in India!

Red light vs security

In our country, the red light facility has been unnecessarily linked to people with security, especially those having Z-plus security, besides the high dignitaries. Since those with security are invariably accompanied and shadowed by armed security guards in police vehicles having flashing beacons, the protected persons’ own vehicles need not have any beacon.

In all countries the use of beacons is the sole prerogative of the emergency services. This is so even in countries like the USA and Canada where red beacons are used as "emergency vehicle lighting" to convey to other road users an urgency so that they yield the right of way. They are invariably used by the police, firefighters, ambulances and other public utility services. In some places, they are also used by school buses. In the USA and Australia, the colours of the beacons or "light-bars" are regulated at the level of the provinces/states. In fact, in the USA, in some states, red light is also used on a hearse during a funeral.

Colours of beacons differ from country to country. In Canada, generally red is used for emergency vehicles, amber for construction and utility vehicles, and green for vehicles of fire-fighters. Blue, along with red, is used by the police and along with amber for snow removal vehicles. In most European countries, emergency vehicles use blue light.

In Russia a red-flashing beacon is used on vehicles of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs, the Federal Protection Service and the Military Vehicle Inspectorate ensuring the flow of traffic. All this is spelt out in the Convention on Road Traffic. What is significant is that, in and of itself, a red-flashing beacon does not give priority to such vehicles in the flow of traffic.

In most countries, flashing yellow or amber lights are on vehicles carrying outsize and heavy loads, explosives etc or vehicles engaged in construction, repair and maintenance work. Such lights are also put on vehicles exceeding maximum dimensions stipulated in a highway code. Unfortunately, such vehicles, which often cause accidents in our country, have no special markings or lights. In some countries a white beacon is allowed on vehicles carrying money or valuables and these can be activated with a special alarm.

In the UK, flashing amber lights are mandatory for powered vehicles used by disabled people which travel at slow speeds on dual carriageways where speed limits are high, as also slow-moving vehicles such as tractors. Emergency and incident-support vehicles such as ambulances and fire engines and vehicles used by the police use flashing blue, red or green lights and sirens.

Certain countries have gone a step further. In Sweden, for example, vehicles carrying or transporting blood or donor organs also use blue lights and sirens.

Although the general feeling is that flashing beacons and sirens were a symbol of the long-gone British Raj, there is no evidence to suggest that such trappings of power were attached to motor vehicles used by the rulers prior to 1947 in India. In fact, there is some evidence to suggest that military officers during British rule who did use beacons were those of the rank of Brigadier and above. How exactly, this practice came about is not known.

Fortunately, some senior political leaders occupying high executive posts have already given up the privilege of using beacons. In the light of constitutional provisions and practices the world over, what is required is to discontinue the use of beacons by all dignitaries, including the high and mighty and the Heads of State. The red-flashing beacons ought to be used only by the police vehicles. Since the vehicles of the “high dignitaries” will invariably have police escorts, they will get the right of way. Beacons of different colours should be made mandatory for various other emergency services such as ambulances, fire brigades etc. A fresh approach to the whole issue is required.

A controversial provision

In the light of the renewed focus on the use of red beacons on motor vehicles, the constitutional validity of Section 108 (1) of the Central Motor Vehicles Rules, 1989, has come into question. This controversial clause is both the prohibitory and enabling clause. While it prohibits the use of red light on motor vehicles of the general public, it allows the same to vehicles carrying high dignitaries as specified by the Central and state governments. Incidentally, the Supreme Court judges, Justice G.S. Singhvi and Justice C. Nagappan, did not dwell on this issue in their December 10, 2013, order following a Public Interest Litigation (PIL) petition on the use of red lights on motor vehicles.

Counsel Harish Salve, who is amicus curiae in the hearing of a plea seeking restriction on the use of beacon lights on vehicles, has now told the court that he intends to challenge the constitutional validity of the said section of the motor vehicle rules. The Supreme Court bench of Justice R.M. Lodha and Justice Shiva Kirti Singh has agreed to hear the plea on February 14.

Right to equality

The Supreme Court order allowing those occupying constitutional positions the use of red beacons is in violation of Articles 14 and 38 of the Constitution. Article 14 reaffirms the citizens’ right to equality before the law. Article 38 calls upon the State to endeavor to eliminate inequalities in status, facilities and opportunities

The Supreme Court order on the PIL puts a stamp of approval on an unconstitutional act of the government. It creates a class of people who are, as George Orwell described in Animal Farm, “more equal than others”. And they include the judges themselves!

Based on the Motor Vehicles Act, 1988, and the Central Motor Vehicles Rules, 1989, the government issued notifications in 2002 and 2005 permitting two types of beacons – “red light with a flasher” and “red light without a flasher”.

What is the pressing emergency for the Chairman of the Minorities Commission or any of the other SC/ ST Commissions to get an unhindered road access all the time?