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Wallowing in delusion
The Congress is part of the nation’s political and social heritage and not a private club
B. G. Verghese
In order to make the Congress relevant, the party has to look beyond lineage. The Congress president Sonia Gandhi with the party vice-president Rahul Gandhi |
The Congress Party’s review of its massive electoral drubbing last week shows that it has learnt nothing despite the plain results of its follies, flawed leadership and outdated ideology. India needs a party like the Congress with its century-old tradition of service in nation building but which has latterly come to assume that the Gandhi-Nehru dynasty constitutes the nation. Sycophancy is ingrained in our politics and Ambedkar long back warned against the danger of bhakti which, he said, may be all right in the practise of religion but all wrong in the conduct of politics. Dev Kant Barooah arrogantly claimed in 1975 that “Indira is India and India is Indira”. This puerile notion has not been exorcised and seems to be playing out once again with a failed Rahul and a politically tired and stale Sonia assuming or being accorded a divine right to rule by a coterie that long back abandoned inner-party democracy and, removed Fraternity as a founding pillar of the state, reducing the idea of secularism to an empty and divisive slogan for vote-bank politics in a feudal society. The Congress, with its once-hallowed leadership and ideals, is part of the nation’s political and social heritage and not a private club. It is no surprise that the charade played out in the post-poll Congress stocktaking has left party workers and supporters confused and angry. The swelling undercurrent of resentment is being increasingly reflected in statements by members calling for accountability, revamping of the leadership and a review of what the Congress stands for in a fast-changing India within a fast-changing world. Nobody knows what Rahul Gandhi stands for since he has failed to articulate a single coherent idea on any subject of national importance in the past five years. Priyanka did better than he did at the hustings but can be no substitute for a democratically elected leader through the AICC, charged with a new mandate for the future. Falling back on lineage will not do. But that precisely is what seems to be planned with the AICC issuing invitations to a national seminar on “Renewing India’s commitment to Jawaharlal Nehru’s Vision”, marking the 50th anniversary of Nehru’s passing to be held on May 27. This is a routine invitation on one reckoning but equally a not-so-subtle bid to evoke a dated past and family nostalgia, with Sonia and Rahul playing leading roles. Nehru was a great and greatly loved leader who served the nation well. But he was also responsible for some acts of crass folly. We are no longer living in Nehru’s world. What the AICC is seeking to address is not a scholarly assembly but a political jamboree. The discussion at its best will be on par with a debate on Todar Mal’s land reforms and Asoka’s peace initiative. Interesting historically but otherwise irrelevant. Meanwhile, the prospective PM has been keeping his cards close to his chest. Perhaps for that reason too much has been read of his assumed “master-stroke” in inviting the SAARC leaders and the PM of Mauritius to his swearing-in. This is a purely ceremonial function and is scarcely an occasion for serious talks when his cabinet has to be sworn in and hold its first consultations on policy formulation. A courtesy call and photo opportunity is all that might be possible over a banquet. With Mr Nawaz Sharif coming, a one-to-one courtesy summit has been organised for today morning for 20-30 minutes with each of the visiting leaders. There will be no time and there has been no preparation for serious bilateral talks and so these can at best be breaking-the-ice meetings. A back-channel already exists with Pakistan and has been active. This will probably be directed to continue. Mr Nawaz Sharif will surely invite Mr Modi to visit Islamabad and the new PM will be left wondering how to respond differently from Dr Manmohan Singh after the series of recent cross-LOC attacks and the bombing of our embassy in Herat, events of a kind that were forecast to “test’ the new PM. Symbolism is useful but should not be driven by vanity. It is necessary to give the new administration time to settle down, review and formulate its security and diplomatic policies and then take such measured steps as it deems fit. Cabinet-making has not been easy, with competing claims to one or other of the four “major” portfolios. Many ruffled feathers may need to be soothed. However, it is good that the new PM is in favour of a smaller and more compact cabinet, and proposes to consolidate and rationalise Departments that were fragmented over the years just to accommodate more and more ministers, making for loss of coordination and coherence, avoidable delays and needless turf problems. It is appropriate that departmental secretaries are preparing briefs on nodal issues and action points so as to ensure emphasis on focused goals. Mr Modi has done well to snub Vaiko and Jayalalithaa who objected to the invitation to the Sri Lankan President to visit Delhi for the swearing-in. Such disruptive conduct must rightly be nipped in the bud. Foreign policy cannot be outsourced to the states as has happened hitherto. The Bangladeshi Speaker, representing Sheikh Hasina will surely ask if Mr Modi and hotheads in Assam are going to continue to dictate terms on a Teesta and land boundary accord? There may be no formal Leader of the Opposition, as none has obtained the necessary qualifying strength of a tenth of the membership of the House, or 54 members. However, this need not preclude floor coordination so that that there is a vigorous and responsible opposition that will not resort to the tactics followed by the BJP and others in the last Lok Sabha of disrupting the working of the House day after day and for entire sessions. The length and conduct of the recent polls, gaps in the matter of poll financing, lack of teeth in dealing with the growing menace of paid news, speedier processes for disqualification of those with criminal records, and reviewing the model code of conduct — all call for early, collective attention. The electoral system has stood up well to enormous challenges but has to remain ahead of the game. The regional parties will no doubt review their fortunes and alignments. The Aam Admi Party however appears to be on the path of self-destruction with an irresponsible and quixotic leader in Arvind Kejriwal and some of his colleagues who wish to apply different standards to different parties and different occasions. Internal dissensions are growing and the aam janata is fast tiring of a permanent circus with far too many clowns. Shazia Ilmi and Dr Gopinath have quit. The AAP catalysed a certain national mood but is losing the plot. www.bgverghese.com
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The Man Friday who touched our lives
Col IPS Kohli
 I
had completed my tenure at Missamari in Assam and was proceeding on two-years study leave. The prospect of two years without the Army support system was unsettling. I told the Subedar Major to find a local boy to accompany me. One day on reaching office, the Subedar Major asked me if I would like to meet the boy he had found. In walked Sunder. He looked like something the cat had dragged in. I exploded with anger and the Subedar Major got a mouthful. Time passed quickly and soon it was time to depart. The luggage was to move in two civilian trucks to Chandigarh. Just before the goodbyes, the Subedar Major asked: “Sahib, remember Sunder? When you first met him, you got angry. Without keeping you in the loop, I groomed Sunder. He’s been checked medically and inoculated. We trained him in the cookhouse. Sahib meri baat maan lo aur ise apne saath le jao”. This time, a transformed Sunder was brought before me. Neat and clean. The famished grimy look was gone. In his eyes I saw something which told me he was the right guy. Sunder was on board. “Throw him into one of the trucks,” I ordered. I got to talk to Sunder after reaching Chandigarh. He was an innocent, semi-literate Christian, not sure of his age. He had stepped out of the tea estate where he lived and worked for the first time. He spoke little Hindi. When I asked him who he had left his widowed mother with now, he replied Ramu and Lilly. I presumed they were his siblings. It was a year later, when he could make himself better understood, that I realised Ramu was a cock and Lilly a goat. With his aptitude and being quick on the uptake, he was here for the long haul. Under the guidance of my wife, mother and the environment, it took him little time to become a multi-cuisine chef and much more. I retired five years back and he has been with us for 19 years now. Since he did not know his correct date of birth, we decided December 25 as his birthday. He quickly learnt to work the system. He got the Aadhar card before anybody else in the family. When one hears of peoples’ servant woes, one feels blessed. It was my “tryst with destiny” that I gave the nod just before departing from Assam. The family leans on Sunder heavily. When flogged unfairly, I often joke there is one engine and many lame passengers in the house. Sunder has never complained. Having grown up together, he is the children’s confidante and my 20-month-old granddaughter’s playmate. She calls him ‘Tundan bhaiyya’. From cook, valet, odd-job man, confidante, friend and housekeeper, he is also my PA in his spare time. He knows the “service tax” file from the “IT file” and which tax to deposit where. Lately he’s been making eyes at the maid. She responds coyly. There’s matrimony in the air.
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Dying in vain in the quest for justice
A substantial number of women have alleged that policemen are abetting suicide due to the failure to help them in getting justice. Such charges are levelled against senior-most officers too due to their inaction and apathy. When the police are alleged to be on the wrong side of the law, who can deliver hope for justice?
Rajbir Deswal
Dalit activists from Bhagana village in Haryana protesting against the rise of incidents of rape of Dalit women. photo:
Manas Rajan Bhui
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There are immolations reported from the South when famous cine actors die. Farmers too are reported to be committing suicide in many parts of the country due to crop failure and the burden of debt. Students have been known to have attempted immolation protesting against fee hike and other issues. No doubt such steps are taken when every other option seems to have failed and when one is either left alone to fend for oneself or one is so upset over the system that refuses to deliver that one decides to do something “extraordinary and spectacular”. In all the above-mentioned categories, I don't recall any case where a case has been registered against an authority prior to the suicide. The recent examples of attempted, (and at some places executed) suicide cases against police inaction invariably invites registration of cases against policemen. What makes these suicides different from the rest? The reasons may not be far to seek. Is it because the grievance- redressal system in the police is faulty? Is it because policemen as first responders are insensitive to the genuine concerns of the victims? Is it that the people protesting have almost no knowledge of the criminal-justice delivery system and its efficacy? Is it because the vested interests try to arm-twist the police into taking action largely provoked by them? Is it that police officials’ training leaves much to be desired? Is it that the Criminal Procedure Code doesn't provide for instrumentalities required for immediate correctional remedies to take care of the malaise? Is it that the law and procedures require all the protocols to be addressed without ensuing delays? Is it because some people have a low threshold and want the quickest possible action — even expecting the police to throw to winds the requirement of hard proof before taking remedial action in a certain matter? Is it that the police do not have a fair image and are not seen as dispensing and delivering justice in an unbiased and honest way? The extreme way Perhaps most of what has been said above is correct, but still resorting to the extreme step of attempting suicide or an immolation when a myriad other legal options are available is by itself a baffling act. Why is it that the social and familial bonds do not provide emotional succour to the victim? It began in 2008 in Haryana Police, when a woman by the name of Sarita committed suicide at the Police Headquarters Panchkula, after she was allegedly raped. It is reported that she, having run from pillar to post for justice found that certain police officials had not taken action as per law on her complaint. This writer will desist from making comments on such cases since some of the cases are sub judice, yet a recall of a few cases should not be out of place for reasons of research and analysis. In a very recent case (May 9, 2014) of a 35-year-old woman committing suicide, as reported from Jind in Haryana, enquiries at the levels of a woman Inspector General of Police, a woman Deputy Inspector General of Police and a woman Inspector of Police, confirmed her allegations as being “false”. Accordingly, a cancellation report was filed with the concerned Court. The Court fixed May 8, 2014, to hear if the complainant was satisfied with the police report or not, providing again an opportunity for the woman, to express her viewpoint before she committed suicide on May 9, 2014. Before taking the extreme step, she named several accused persons in the suicide note, besides five police officials. A case has now been registered for “abetting suicide.” The fact remains, if these many instrumentalities of law aren’t sufficient enough to take the things to a logical conclusion in a manner that justifies nullifying false accusations, then investigations will remain only an ongoing process, and complainants and litigants would never be happy with an agency that does not toe the line expected by them. Also, if a person's insinuations are ab initio (at the beginning) suspect, should it all amount to abetting an offence on the part of the law-enforcing agencies? Recently, another case was registered in Karnal involving among other policemen, a Superintendent of police himself, besides others. Many Deputy Superintendents, Inspectors, non-gazetted officers and other ranks are involved elsewhere. Sarita, in her suicide note, had alleged that she was committing suicide as the police had failed to take action against two police officials who raped her in Rohtak in 2008, when she was summoned by CIA staff, who had arrested her husband in a theft case. She had committed suicide in front of the police headquarters at Panchkula when she did not get justice from the Rohtak police. After serious allegations against the police, the Haryana government handed over investigations to the CBI. Need for soft skills Suggestions to improve the system cannot be exhaustive since every case differs in merit and circumstance. Yes, if some stark streaks of undeliverability are straightened and corrected, much will be achieved in at least addressing the problem and ending the spate that continues unabated. Policemen are required to be more educated and need to be made aware of the victims’ concerns. It should be a senior-level officer, not less than an Inspector, assisted by a battery of psychologists, counsellors and legal experts to handle the first information on such cases. Else, they are bound to end up in an unsavoury situation as a victim may be compelled to resort to an act like committing suicide. Generally, the complaints are handled by either the munshi of a police station who is a Head Constable-level official, or an Officer on Special duty who is a Non-Gazetted Officer. Both are generally not trained in soft skills and adequate knowledge of laws and procedures. Those who report crimes to the Police should at the first possible instance be briefed about the factual position of the law vis-a-vis their expectations, which generally are unrealistic. There needs to be put in practice a system which assures the victim the efficacy of the criminal justice delivery system. Browbeating the police into action by vested interests needs to be neutralised by involving peace committees and NGOs who should be on the panel with the police authorities to be summoned while handling such cases. Undoubtedly, police officials need to be trained not only in law but also in soft skills so as to be seen as delivering and not being suspected for their demeanour. There are training modules available with professional NGOs which can be outsourced for the time being, till an in-built training curriculum is chalked out in police training academies. Although every safeguard is available in the Criminal Procedure Code providing for the instrumentalities required for immediate correctional remedies to take care of the malaise, executive orders from the departmental head from time to time regarding grievance redressal may not be uncalled for. The Haryana DGP has made it mandatory to complete investigations in a rape case in not more than a month. Procedures do entail delays but assigning tasks to various teams of investigating officers and a direct supervisory control over investigations should make things fall in place. Hard proof is the most important requirement in a trial. At the same time, the victims need to assist the police in providing all the important clues and witnesses before launching the prosecution in any case. It goes without saying that the police should be seen to be delivering in the most honest and professional manner, a task which does not seem easy to attain in the face of the image that the police has as of now. Efficient officers with proven integrity need to be projected by the police. With them being around, problems such as the feeling of helplessness that pushes victims to committing suicide can be taken care of. Speed and procedures As an insider, this writer can very safely deduce that the policemen are shaken and saddened with such instances taking place frequently. Not only do such cases put a policeman in a quandary of sorts since he too is answerable not only to his superiors but also to the courts, media and the general public. However, in an anxiety to please all, he does put himself in a fast-forward mode to be seen as “delivering” at times. This hurry is not only detrimental to the case he is handling but tells upon his own mental health as well. There are a plethora of policemen facing departmental action in such cases which may necessarily not be of their making due to circumstances. This is not a happy scenario. The policeman has to do his job and he has to be allowed to carry out his job well, without any pressures being either brought upon him or him yielding to situations he is not trained to handle. Surely, it's all very demoralising for the police — the arguments against their lack of efficiency also taken into account. Pushed to the wall? An element of continuity is a necessity in perpetration of abetted pressuring to take one's own life, to accuse someone of the offence as described in Section 306, IPC. The police role will always come into play in reporting, registering and investigating a crime. Also, the victims sometimes expect much more than what is envisaged under the law and procedure. For example, if a child is crushed under a vehicle, the relatives would want the driver to be “handed over to them” or “hanged immediately.” Such irrational demands cannot be met by the police and if someone commits or threatens to commit the offence of suicide blaming the police, the blame is ill-founded.
A nightmare for police
 Section 306 of the Indian Penal Code states that “If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” This Section requires a predicament for the perpetrator to create circumstance for compelling someone to commit suicide. It may not be as convincing to believe that a police officer should have reason to abet the crime of compelling someone to commit suicide, though his actions in demanding money, delaying the matter at hand, pressurising for compromise etc are suspect from the very beginning and he/she can be criminally or departmentally proceeded against on such articles of charge. There has to be the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused, on the part of the police official in making the victim contemplate suicide either abetted or aided —otherwise the reasons for such an action could be many. At the same time, a barrage of such cases registered across Haryana demand an evaluation of the police-public interface.
Legal wrangle
Section 309 of the Indian Penal Code says, “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.” In some Western countries, attempt to commit suicide “is regarded as a manifestation of a diseased condition of mind deserving of treatment and care rather than as an office to be visited with punishment”. Experience has shown that when the police books those who cross them on “inaction” or “seeking favourable action” by threatening to commit suicide, they generally invoke Section 309 against them to “play safe.” With the introduction of the Punjab Right to Service Act, 2011 (which may be replicated in other states too) and the Police being brought under it, should there be in place in the near future a mechanism when the police officer will be protected as in the case of doctors, since frivolous complaints are being filed against them at the proverbial drop of a hat.
Death or justice
Rajiv Goswami immolated himself in full public view outside AIIMS in New Delhi, protesting against reservation of jobs for the backward classes promised by the Mandal Commission in 1990. Sarita, committed suicide outside the police headquarters in June 2008. In her suicide note, she had alleged that she was committing suicide as the police failed to take action against two police officials who raped her in Rohtak, when she was summoned by CIA staff, who had arrested her husband in a theft case. In September the same year, Suman, a resident of Pashina Khurd village near Samalkha, attempted suicide in front of the police headquarters alleging inaction of Panipat police, whom she alleged of murdering her brother. She survived. On May 9, 2014, another woman committed suicide from Jind, alleging five policemen of inaction in a case involving her alleged molestation. The writer, a former Commissioner of Police of
Ambala, Panchkula is presently IG Telecom, Haryana
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