E D I T O R I A L P A G E |
Tuesday, December 15, 1998 |
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Fire,
fear and frenzy ADMINISTRATION
OF JUSTICE |
Allies
in no mood to toe BJP
googly stumps non-Cong Opposition by K. Rajbir
Deswal
Hindus
and Hindusthan |
Fire, fear and frenzy DEEPA MEHTAs film titled Fire is generating unprecedented cultural and physical violence in the name of morality. The matter is sub judice and, therefore, it is not possible to put Fire on the touchstone of logic with such criticism as comes into play with the help of comparison and analysis. The final verdict will come from the court. But a progressive society and an efficient administration cannot allow personal opinions to become an instrument of social unrest and fragmentation of composite culture. Fire should not be a new thing for those who have read Ismat Chugtais Lihaaf (quilt) or seen popular films like Rajanigandha and Razia Sultan. Shiv Sainiks have taken upon themselves the duty of defining culture and dictating cultural terms to the people of India. Dilip Kumar, a venerable film personality and a secular Indian, spoke a few words in support of Fire and the message contained in it. He depended largely on acceptable artistic norms and their ethical projection. He was not speaking for Deepa Mehta. He was expressing his opinion as a practising artist. His house in north-west Mumbai was attacked on Saturday by half-nude Shiv Sainiks who, through their convoluted logic, said that they were supporting Dilip Kumar. They ridiculed the thespian, saying: See, he has spoken out against individual rights and in a way supported nudity. So, we all Shiv Sainiks will hold demonstrations clad in undergarments and go to every function where he is present. They did not stop at this point. The fire of intolerance spread to a New Delhi cinema and a nasty scene was enacted there by the saffron brigade. More places in the country have been put on the Shiv Sena hit list. There is fury and fear in the utterances of a considerable number of belligerent persons who have not even seen the film. They are unaware of the fact that Ismat Chugtais Lihaaf or Rajanigandha, like Razia Sultan, passed the legal and moral tests and the public enjoyed them in their printed and picturised forms. What is most worrisome in the present episode is the element of schizophrenic aberration bordering on fundamentalism. Shabana Azmi and her husband Javed have been derided because they have expressed their opinion on what, according to them, is artistically permissible in life and art. The court will expectedly hear all aspects of the Fire-born controversy. But, in the meantime, the administration at Mumbai, New Delhi and elsewhere must see to it that vandalism does not find an opportunity to get escalated. Prime Minister Atal Behari Vajpayee, Home Minister L.K. Advani and film artist-turned-politician Vinod Khanna have condemned the violent acts of the ill-informed volunteers of the Shiv Sena. They should have, because of their BJP connection, some control over the hooligans. The film is being treated
like The Satanic Verses or Taslima Nasreens
perceivedly unIslamic novel. One should remember that our
culture and tradition rejoice in the beauty and grace of
emotive, erotic and devotional songs like those in
Jaidevas Geeta Govinda. Countless sculptures and
paintings of yore adorn our protected monuments and art
galleries. Indian art and religiosity have a liberal
tradition which justifies artistically significant and
morally cherishable themes and their representation.
Obscenity and pornography, however, are punishable. These
terms are used interchangeably to designate written,
recorded or pictorial material including films
that many people consider indecent and offensive.
Sexually explicit ideas or forms intended primarily to
cause erotic stimulation are to be avoided. It is usually
held that a publication or a show is obscene or
pornographic if it is likely to corrupt those whose minds
are open to amoral influences and into whose hands some
work of that sort may fall. Most of those who have
expressed violent opinions against Fire have not yet seen
the film. Anger must give way to reason. Art has to be
judged by artistic norms. Precedents cannot be forgotten
and violence of all kinds should be abjured. The
judiciary is applying its legal (and moral) mind to the
fiery question. We should wait peacefully for its
considered verdict. Meanwhile, no sane Indian should
insult his motherland by calling his brothers like Dilip
Kumar Pakistanis. |
After the strike FRIDAYS nationwide strike was mainly to protest against the governments economic policies and pointedly to protect the interests of the working class. The first objective got extensive airing while the second remained far in the background. Take the problem of unemployment the proposed closure of public sector units will create. Recently the government decided to shut down six units with a combined workforce of over 17,000. Given an average family size of five, the move threatens the future of at least 85,000. The Centre says that the attractive retirement benefits (about Rs 500 crore in all) it is offering will ensure a trouble-free future for them. It may not in the case of shop-level workers whose wages are low and have not been revised for nearly 12 years of continuous loss making. If the employees are also to lose the benefit of subsidised housing in these days of high rent and unaffordable real estate, the resultant hardship is easy to imagine. The CPM-affiliated trade union, CITU, has argued that it will need less funds than financing the voluntary retirement scheme to renovate and restart these closed units and even make them profitable. This may not be possible for two reasons. One, modernisation implies going in for fresh technology and retraining and reducing the workforce. But most of the workers are poorly educated and past their prime. Spending money and time on teaching them new skills may not thus be a viable economic proposition. Yet the human angle to the government withdrawing from industrial and commercial arena cannot be ignored altogether. The certain loss of jobs
in closing down the six units has got mixed up with the
incessant talk of disinvestment and privatisation of
public sector units. This was evident in PSU workers
joining last weeks strike. The trade unions point
out that while the government and the Disinvestment
Commission have generated a mountain of statistics on the
likely funds to be raised and the percentage of shares to
be sold, there is precise little information on
retraining workers or in helping them find alternative
jobs. The so-called National Renewal Fund is all about
adding a few thousand more rupees to the normal terminal
financial benefits and has nothing to do with any renewal
as such. Why not use a small part of it to prepare a
blueprint for equipping workers to meet the challenges of
post-retirement or to subsidise bank credit to them to
start life afresh. The Board for Industrial and Financial
Reconstruction can be the nodal agency. Disinvestment
should not end up as an exclusive exercise in mopping up
revenue; workers also deserve consideration. This is the
precautionary lesson of the one-day strike. |
Boredom continues SAYING sorry by President Bill Clinton for his alleged acts of misdemeanour is evidently not enough to satisfy the Republican law-makers. They have, through the House Judiciary Committee, voted in favour of impeaching him on four counts. Of course, the vote for impeachment does not reflect the popular mood. Those who thought that President Bill Clinton would receive a standing ovation for providing non-stop excitement in the year about to end evidently too do not understand the preferences of the inscrutable American. For him excitement does not mean more of the same, but a different dish every night with or without the infamous blue pill. Not unsurprisingly, therefore, a survey conducted by the Boring Institute of New Jersey has placed Mr Clinton at the top of the heap of the 10 most boring celebrities of 1998. It is safe to presume that Mrs Hillary Rodham Clinton was not asked to vote. Even she might have voted the President as the most boring celebrity because he reserved all the excitement for a former White House intern! She herself may have bagged the trophy for the most understanding woman of 1998 although some may argue that she has still not understood the full import of the goings-on in the Oval Office. Some may even prefer to vote her as the most boring woman for not having walked out on Bill after the globally televised confessional. But why drag her name in a contest in which she was not even a bystander her official designation of First Lady notwithstanding? But if she had a vote, she would have preferred a safe distance not respectable, for that was lost the day Mr Clinton admitted to an affair with Monica Lewinsky between the President and the former intern. The ballot, if anything, shows that the Americans have a wicked sense of fun. They have voted Mr Clinton as the most boring man and placed Ms Lewinsky next to him as the second most boring celebrity of 1998. If the President is feeling hot under the collar or whatever for being placed in the company of someone he has sworn to avoid, he should protest to the Boring Institute for not putting him and Ms Lewinsky polls apart. The 15th annual list
released by the institute needs to be questioned for
another reason. It has independent counsel Kenneth Starr
breathing down the pati aur woh with
the patni nowhere in the picture at
number three. The boring list also includes
Ms Linda Tripp at number four. Had she not released the
tapes of Ms Lewinskys conversation with her the
pati aur woh might have continued living
happily ever after as they do in stories with
happy endings. If a similar survey were to be conducted
in India quite a few political leaders would qualify for
a place in the list of boring celebrities. |
RECENTLY, the President, Mr K.R. Narayanan, told a conference, attended by lawyers and judges, that 30 million cases were pending in the law courts and that, now that the appointment of judges rested with the judiciary itself, it was time the problem of case arrears was tackled seriously. Unfortunately, the government has never accorded a high priority to the administration of justice. Not that the problem of laws delays has not been analysed. The Law Commission has submitted reports on improvements at every level groundroots, High Court and Supreme Court but these have generally gathered dust. Worse, the judiciary itself is not blameless in this regard. Notice the existing dissatisfaction even in the higher courts, over appointments and the transfers of High Court judges and Chief Justices, and over appointments to the apex court. The opinion given by the Supreme Court on the issues raised by the President concerning the grey areas in the judgement in the second judges case has the merit of arriving at a solution which is acceptable to the government, and the nine seniormost judges of the court are a party to the judgement. This, hopefully, will minimise complaints or grumblings, but would hardly solve the consequences that flow from the laws delays. The increasing resort to the law courts would ordinarily indicate a faith in the system, but, unfortunately, just the opposite is the case. In fact, an ordinary citizen would like to avoid going to the law court, if he can. It would be interesting to know the percentages of cases that are filed simply to delay unpleasant consequences of the implementation of the law that would follow for an individual delaying the payment of taxes, preventing eviction from premises and such like. Surely, people have noticed that even our parliamentarians move the court in order to retain the bungalows allotted to them after they have ceased to be MPs or ministers. Ask any really aggrieved landlord genuinely needing the own flat or house for his own use, ask anyone who has his dues from the government; ask anyone who has been wronged and is trying to lodge a complaint to the police. And he will have a sorry tale to tell. Let us face the unpleasant truth, that, by and large, what prevails in practice in this country is not the rule of law but the rule of force. Might is right. If you are rich and powerful you can both ignore and frustrate the law consider how the rich and the famous develop health problems the moment they are sent to judicial or police custody. Consider how selective our police agency is in even registering cases. Consider the pressure that is mounted on the police, or the investigative agencies, the moment a person of influence is sought to be dealt with according to law. Not only those powerful in their own right think they are above the law, but their progenies also treat it as their inheritance. The latest instance is the plain murder of a college girl, Pinki Srivastava, who along with some of her friends had objected to eve-teasing. One of the eve-teasers, the son of a local leader, chose to hit her with her running jeep, and not satisfied with it, reversed the gear in order to kill her and then escaped. Despite the timely lodging of the First Information Report (FIR), the police took five hours to reach the scene of the crime. It was only after a public outcry that the culprit was arrested and the jeep impounded. The people of Ambikapur (Madhya Pradesh) where this ghastly crime took place were so furious that, when the police was taking the culprit to the court, they demanded that the culprit be handed over to them for ready and rough justice. The culprit had to be taken to the court on foot. Later he was taken out through the backdoor. When the crowd came to know about it, it threw stones on the police, which had to resort to a lathi charge. If this were a single incident of its kind one could have ignored it, but unfortunately it is not. Even in the Capital harassment or attacks on girls have become brazenly common. It can be said in defence of the police that, even if it were not as demoralised or subservient as it is now, it cannot possibly be present at every place of crime. What is to blame is the general culture of lawlessness that those in power are breeding. The Rajya Sabha did discuss the Pinki Srivastava murder case but as a problem afflicting the fair sex. There is no doubt that this is on the increase and, as a member said, had degenerated into a murder for pleasure. While the Home Minister, Mr L. K. Advani, has a point in suggesting that one of the causes of this degeneration is the neglect of morality and good religious teaching, but restoring this can only be a long-term problem. What the governments both at the Centre and in the states can do is to firmly deal with the law offenders. The governments complain, not without reason, that the judiciary grants bail merrily and the cases drag on for years. In criminal cases these prove fatal. Perhaps the time has come to tighten the law so as to restrict the judiciarys power to grant bail in certain cases; for the judiciary to exercise self-restraint in discretionary matters. However, we are plagued with a different kind of problem. Let us face it. Even the judiciary does not claim that it is wholly free of corruption. Nor are the cases of victimisation by the powers that be unknown. Where does it all take us?
The writing on the wall is clear. Unless an all-round
effort is made to establish the rule of law in this
country, we shall have pindari raj sooner
than we imagine. Already, the life and property of honest
citizens are increasingly becoming unsafe. The organs
created by the Constitution are proving unequal to the
task, when not itself causing or collaborating with the
decline. And yet we raise the slogan of Mera Bharat
Mahan. |
Question mark over APECs
relevance ONE of the greatest ironies of Asia Pacific economic meltdown has been the failure of its high-profiled regional organisations to address the issues. The Asia Pacific Economic Cooperation (APEC) summit, held in Kuala Lumpur in November, was a clear example of this. (So was the Association of South-East Asian Nations ASEAN.) It is sad because APEC had begun in 1989 with great hopes of regional trade liberalisation, faster economic growth and regional cohesion. The Kuala Lumpur summit was anything but that. First, President Clinton, who had given such a fillip to APEC summitry with its Seattle meeting early in the decade, pulled out of it. His presence at home was considered more important in the context of the Iraqi crisis. Vice-President Al Gore, his replacement, bought straight into Malaysias internal politics in support of the countrys reformasi (reform) movement linked to its imprisoned former Deputy Premier, Mr Anwar Ibrahim. Mr Gore drew a direct link between democracy and economic growth, attributing Asias economic crisis to its authoritarian leadership. Proclaiming that democracy was the best guarantee of prosperity, he said: People are willing to take responsibility for their future if they have the power to determine the future... Democracy confers a stamp of legitimacy that reforms must have in order to be effective. Kuala Lumpur turned out to be wrong venue for this years APEC summit. Malaysia was in the midst of a political fratricide, too preoccupied with its power struggle. Prime Minister Mahathir Mohammad was under attack both at home and abroad even among his ASEAN neighbours in the Philippines, Thailand and Indonesia. Asias economic meltdown had made its authoritarian political leadership highly vulnerable. In Indonesia, it had already brought down Mr Suhartos presidency. In Malaysia, Mr Mahathir appeared shaky. Elsewhere, in Thailand and South Korea, economic restructuring was causing tremendous social pain and unrest, though their politics was relatively stable. China remained an enigma. And Japan was into recession, with no signs of early recovery. With the idea of a Pacific century now a shambles, APEC seemed to have lost credibility, if not relevance. But nobody at the Kuala Lumpur summit wanted to write its obituary least of all Australia, the convener of its first ministerial meeting at Canberra in 1989. As an Australian commentator pointed out, It is the only vehicle we can use to push our case in the region. Even Canberra, though, is not unaware of APEC limitations. As Mr Gareth Evans, its former Foreign Minister closely associated with APEC evolution, has said, the organisation is severely constrained by its rules of totally consensual decision making, voluntary implementation, and movement only by peer group pressure. He was simply highlighting APECs institutional weakness as it existed even before the onset of Asias economic crisis. Obviously, with economic, social and political turmoil now overtaking many of its members, its namby-pamby character is even more pronounced, evident from the platitudinous summit declaration read by Dr Mahathir in Kuala Lumpur. It said, We, the economic leaders of APEC, meeting in Kuala Lumpur on November 18, renew our resolve towards creating a prosperous Asia-Pacific community where economic disparities among our peoples will be bridged by strengthening the foundations of our economics for growth, providing the environment necessary for the efficient flow of investment, trade and technology and by enhancing the capacities of our economies to participate and benefit fully from liberalisation. Indeed, Ms Charlene Barshefsky, US trade negotiator, blamed Japan for blocking the process of trade liberalisation in APEC. She urged Japan not only to do more to get its own (economic) house in order, but also to absorb more (Asian) imports to revive regional economies. Clearly, with the USA and Japan unable to agree on how to go about restoring Aisas economic health, there is not much scope for APEC as a regional forum. Will APEC, then, survive?
It would seem so. Because even though it is largely
ineffective, it is not doing any harm. The next
years summit at Auckland in New Zealand will be a
clearer pointer to what lies ahead for APEC. |
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