P A G E
Monday, December 6, 1999
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E D I T O R I A L P A G E |
Monday, December 6, 1999 |
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Fallout
of crashed talks
GROWING
BURDEN OF COURTS |
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New
body to select Judges
Focus
on the needs of the disabled
The
unusual advantage
December
6, 1924 |
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Fallout of crashed talks AGGRESSIVE unity among the developing countries and the old overbearing attitude of the rich and the powerful scuttled the much-hyped Seattle talks on a new trade system. In retrospect, it is plain that the so-called millennium round was fated to flounder. There were too many issues, most of them complex and highly divisive; there was too little time, just four days, lack of transparency and chaotic leadership of the host country, the USA. What stands out amidst the ruins of the collapsed negotiations is a new exhilarating development: the poor block is no push-over and the industrialised group cannot have a walk-over as it used to in the past. Many delegates from the first group have lashed out at the way the conference was conducted and the humiliating treatment to them. Some Ministers and senior officials from the Third World could not even enter the rooms where important issues were being discussed and when they finally forced their way in, there was no chair for the gate-crashers. This so enraged the Egyptian team that its leader accused the WTO of treating those from the smaller countries as animals. The Latin Americans and Caribbeans said they would walk out if they were silenced. US Trade Representative and chairperson of the conference Charlene Bershefsky surprisingly ruled out the old practice of “green room” where a compact group of imaginatively selected delegates will talk, evolve a consensus on each issue and finally sell it to other countries. In the new system everybody participated which edged out a large number of delegates. When she reintroduced the “green room” system on the last day the conference hall was echoing to the charge of lack of transparency. More importantly, the US insistence on including core labour standards as a condition of free trade and President Clinton’s threat to impose trade sanctions on those which oppose this tough measure, steeled the determination of the developing countries to resist all imposed clauses. Thus was unity born which is sure to manifest itself when talks restart in a few months time in Geneva. WTO Director-General
Mike Moore will now pick up the thread and try to revive
the process. He has been mandated to explore a new
negotiating process which is transparent and, two, come
up with creative ways to narrow the differences among the
135 member-countries on all major issues. This indeed is
a tall order. Charged up after the Seattle experience,
the poor nations will demand free access to the western
market without having to comply with harsh conditions.
Also they will demand a more equitable agreement and not
one that tilts in favour of giant business houses to
build corporate globalisation. This was the accusation of
the more than 50,000 protesters, whom Mr Clinton
described as voicing the opinion of the US people. The
smaller nations have adopted the slogan as their own and
it would take much persuasive efforts to change their
mind. India took the lead of sorts in opposing the labour
standards bogey. In fact, many Asian and African nations
felt that this country’s unbending stand had
contributed to the absence of a consensus on other issues
as well. The Indian delegation nurses a degree of
disappointment but as one of the delegates, CPM MP Biplab
Dasgupta, said, “No agreement is better than a bad
agreement.” The changed mood will draw much strength
from the WTO procedure which goes strictly by consensus
and where one nation can block a deal. In other words,
nothing is agreed unless everything is agreed. It will
demand a lot of giving by the rich nations. |
For good governance BY a happy coincidence two equally important issues came up for discussion in Delhi last week. While members, cutting across party lines, attacked the conversion of VIP security into a “status symbol”, the new Chairperson of the National Human Rights Commission, Justice J. S. Verma, emphasised the need for a humane approach to governance. He expounded his thesis on the subject while delivering the 20th Bhimsen Sachar Memorial Lecture on “Good Governance: Need Of The Hour”. It should not be difficult to see the negative relationship between the issue discussed in the Rajya Sabha and the theme of Justice Verma’s lecture. No one should dispute the assertion of some political scientists that VIPism is the antithesis of good governance. Those obsessed with giving themselves undeserved privileges, of which security at the expense of the tax-payer is just one element, as self-proclaimed VIPs develop a vested interest in appearing to be tall by not allowing others to grow. VIPism feeds on the negative impulse of selfishness while the spirit of selflessness is essential for public servants to be able to provide good governance. The silver lining of the debate in the Rajya Sabha was the uniform demand for scaling down the level of VIP security and the number of individuals who qualify for such protection under the existing rules. It remains to be seen how Union Home Minister L. K. Advani carries out the promise of a drastic cut in the current load of undeserved VIP security. But a point which no one raised relates to the desirability or otherwise of using the term itself for certain categories of public men, both politicians and civil servants. In a vibrant democracy the only “very or very very important person” is the one who is referred to derisively as the common man. Who does not want to be treated as a VIP at home and everywhere? But official recognition belittles those who do not qualify for entry in this category. In effect, the entire country is “non-VIP” ruled (not governed) by a minuscule coterie of self-proclaimed VIPs. To end the continuing
insult of Indians as ordinary citizens, the term
“VIP” should be removed from official
discourse. One can understand security for the President
or the Prime Minister or even a district-level official.
But to give them the official label of VIPs or VVIPs
amounts to diluting the spirit of democracy. Good
governance is about being sensitive to the needs of the
citizens at the bottom of the ladder. In the words of
Justice Verma, “good governance is possible in the
hands of people who are good in the true sense”. And
good people do not need special privileges for them to
provide “good governance” to the unacknowledged
“VIPs” of the country who live in humble
dwellings or even hovels while the public
“servants” lord over them as
“masters”. The NHRC Chairperson hit the nail on
the head when he pointed that a debate was on in the
country for a review of the Constitution, as if the
Constitution had failed and not those who were supposed
to follow it in letter and in spirit. He was down to
earth in enunciating the principle without which
governance with a humane face was not possible. He was
bang on target when he said that even after half a
century the formation of a welfare state and republican
polity still remain a far-fetched dream. He referred to
the “Seven Principles of Public Life” mentioned
in the First Report of the United Kingdom’s
Committee on Standards in Public Life. They include
selflessness, integrity, objectivity, accountability,
openness, honesty and leadership. Indeed, it is a
combination of all these principles plus the respect for
the spirit of republicanism which makes British Prime
Minister Tony Blair’s sister Sarah using the local
bus in London for commuting between office and home. Even
after she got mugged and deprived of some cash and credit
cards while returning home the other day neither she nor
anyone else raised the issue of providing her any form of
security. What this has done is make the police work a
little harder for reducing the incidence of street crimes
and instil the necessary sense of security among the
law-abiding citizens. This is what good governance with a
humane face is all about. |
GROWING BURDEN OF COURTS BOTH the Prime Minister, Mr Atal Behari Vajpayee, and the Chief Justice of India, Dr A.S. Anand, chose the celebration of the golden jubilee of the adoption of the Indian Constitution to speak freely and frankly, some might think at cross-purposes, on what ails the administration of law and justice in the country. Both undoubtedly had points in their favour, but it is only the collective effort of the executive, the legislature and the judiciary that can improve matters. For instance, the Prime Minister correctly pointed out that the exasperating and increasingly expensive delays of the judicial system justly invited derision and contempt. He pointed out that 20 million cases were pending in the courts. Of these, 3.2 million cases were pending in the High Courts. The Prime Minister was equally correct in suggesting that India could not afford justice in slow-motion, that alternative methods of dispute settlement had to be devised, as for instance provision of arbitration in the settlement of civil disputes. He suggested a drastic revision of the criminal laws, throwing out of the statute book outdated ones, which, according to one calculation, number about 1,300. But look at the problem from the judiciary’s angle. As the Chief Justice pointed out, the expenditure on the judiciary was only 0.2 per cent of the GNP, as compared with 4.3 per cent in the UK, and more than half the revenue was generated by the judiciary itself in the shape of court fees and fines. He said the backlog in cases was attributable in no small measure to the apathy of the government towards judicial administration. The judiciary had recommended the creation of 5,000 courts in the various states but nothing had been done. The service conditions of the subordinate judiciary were pathetic. The judges at this level — 12,300 in number — lacked infrastructure and were poorly paid. The Prime Minister’s assurance that he would be guided by the recommendations of the first National Judicial Pay Commission is reassuring indeed, but this would still not solve the problem of the number of judges needed, at each level, to deal with a nation of one billion people. It is clear that the executive, the legislature and the judiciary, each one of them, could have done better in this regard. If there are as many as 1,300 outdated laws in this country, the executive and Parliament and the state legislatures are responsible for it. The executive needs to do some introspection over the failure of the majority of state prosecution cases which amount to nearly 90 per cent of those filed. It is simply not enough for the Prime Minister to praise the role of the Supreme Court in maintaining the rule of law. Does the executive and the legislature ensure that the rule of law prevails in the country? The bureaucracy and the police have been politicised. Criminals have not only deals with politicians and bureaucrats but some of those with criminal backgrounds have also become politicians themselves. Where influential men are concerned, is their an honest police investigation? How free is the police itself from corruption? Ask any litigant and he will give you the answer. Let us face it. Not only the rich are getting richer in this country, but also the poor are at the receiving end of law and justice. One has only to witness how brutal the policemen are to the rickshawallahs, vendors and other such persons. One has often heard that had the policemen know that the person they had roughed up was a lawyer or someone of consequence, they would have behaved differently. Where then is the equality of law? Ask any person who has the misfortune of having to deal with a court of law, especially at the lower levels, and he will only have a tale of woe to narrate, of harassment, of adjournments, of the fleecing by lawyers. The sad truth is that the whole Indian system is undergoing a severe change, partly dynamic, but mostly anarchic. One cannot be sure about how this all will ultimately end. As far as the judiciary is concerned, it must be acknowledged that the law courts do not go to the people, they do not invite cases. It is the public, even the state, that goes to the law courts. As is well known, the state is the biggest litigant in the country. Mr Ram Jethmalani has just woken up to the reality that most of the cases contested by the government are of feeble legal merit. If they did not reach the court, the backlog of cases would have been considerably smaller. On its part, the judiciary needs to realise that the free grant of bail, even in non-bailable cases, and liberal stay orders given in various cases are playing havoc with the criminal justice system and even the country’s economy. Our politicians, parliamentarians and bureaucrats seem never to have heard President Johnson’s motto: the buck stops here. They specialise in passing it on. Parliament has no hesitation in passing defective laws and throwing the onus of determining and their legality on the courts. Bureaucrats do not want to take responsibility and hence refer the matter to their superiors or to the courts. Politicians find certain political issues too not fit to handle; they refer them to courts. Most of the
country’s problems are being shifted to the courts
to handle; for instance, the Babri Masjid issue, the
river waters dispute, and sundry other problems. The
courts do not have the expertise to solve them, and yet
these are being forced on them. Only a collective will
and concerted efforts at the level of the executive, the
legislature and the judiciary can prevent the country
from going downhill. |
Outrageous developments IT is easy to become outraged in India, as there is so much that is wrong with the country. Precisely because of this, we tend to become hardened and insensitive, resulting in a dismissive “Chalta hai” attitude. But one must resist such attitudes, if we are to move ahead. In the past few days, I have read, or been told about, three outrageous things. The first, I was told about by a visiting foreigner couple. They have been to India many times and love the country and its people. As they always do when they are in Mumbai, they paid a visit to the Prince of Wales Museum, easily one of the best in the country. They found that there was one counter for admission for Indians and another for foreigners. The first charged Rs 5 and the other Rs 150. They found that absolutely outrageous and, on principle, refused to go in. I agree with them. Why should a foreigner be charged 30 times as much as an Indian to enter the museum? And how can the museum authorities tell who is a foreigner and who is not? Will they be able to tell the difference between an Indian and a Sri Lankan, a Bangladeshi or a Pakistani? They all look much the same. There are also plenty of ethnic Indians who live abroad and come to visit Mumbai. Because they look Indian , they can simply walk through the Rs 5 entrance, whereas they are, strictly speaking, not nationals of India. Then, there are some non-Indians who have made India their home, perhaps even taken on Indian nationality. Are they required to take their passports along, to be able to get into the museum for Rs 5? Clearly, the different price of admission is based on how the person looks. If he or she looks Indian, then it is Rs 5. If not, Rs 150. This is nothing but discrimination on the basis of the colour of your skin — a form of the system of apartheid which used to operate in South Africa, which is simply not on. The museum authorities have some explaining to do. I also notice from the papers that in Agra, the tourist authorities there are planning to do much the same, by charging “foreigners” Rs 500 for entry to the Taj Mahal and Rs 300 for the Agra Fort. “Indians” will be charged much less. The second thing which has outraged me is a report to the effect that if you have a party in Mumbai, even in the privacy of your own home, and you invite more than 50 persons, you are required to pay out Rs 3,500 as a licence fee to the Excise Department. I am sure quite a few people are planning to have bashes to bring in the new millennium (I am).New Year’s Eve parties tend to be of the kind where people go from one party to the next, party-hopping, as it is called. It is quite possible that some body who has invited, say, 20 or 30 people, finds that at some point in the evening, there are over 50 people, most of whom have come just to wish the host and hostess a happy New Year and then are moving on to another party. Is there going to be a team from the Excise Department outside such residences to count the number of people entering and exiting the party, so that when the number exceeds 50, a raid can be conducted? I can understand the need for a licence fee for the serving of alcohol at a restaurant, hotel or club. But certainly not at private residences, no matter how many people are being invited. Such a rule can be easily abused, leading to harassment and bribing. It should be scrapped. In fact, the excise rules relating to the consumption of alcohol (not just in Mumbai but in most parts of the country), some of which go back to the days of total prohibition, need to be looked at afresh. For instance, you are meant to possess a “permit” if you want to drink an alcoholic beverage in the bar of a restaurant or club, or even if you want to buy alcohol from a wine dealer. Why? Because in the days of prohibition, such permits were necessary. Now they are obviously not. But the state government does not want to lose a source of revenue, however, stupid the rule might have become and no matter how much it can be misused. Talking of misuse and bribing brings me to outrage number three: the Customs. About two months ago, a friend of mine who was going to the USA for a holiday told me what had happened after she had passed the immigration counter at Sahar International Airport in Mumbai. A lady Customs officer took her aside and asked her to open her purse. My friend had some rupees and a little foreign currency with her. The foreign currency was legal but apparently you are not meant to take rupees out of the country, even if you need the rupees when you return for a taxi or an overnight hotel. The Customs officer demanded a bribe — and naturally got it, since my friend was legally in the wrong. Soon after that I read about the raid by a CBI team on an air cargo complex at Sahar and the recovery of huge amounts of cash from the Customs officers based there ( a similar raid was carried out against the Chennai Customs, a few days before). One lady was found to have almost Rs 30 lakh in cash and I wondered if it was the same lady who had extracted money from my friend. It has long been known that the two most corrupt departments in the government are those of the Customs and income tax. I am glad that at least some kind of action is being taken against the Customs. I hope it is not just token action. Those who have been caught red-handed must be fired, prosecuted, fined and jailed. If it is just “suspension”, or the cases drag on for years, then it will be back to business as usual. Outrage is important.
But just as important is the satisfaction that something
concrete results from it. Otherwise, cynicism prevails. |
The
unusual advantage ONE has to put up with crowds, pollution, exorbitant rates of daily use articles and other problems when one’s residence is at a tourist place. But there are some plus points also. Being a resident of the queen of hills, Shimla, I think, I am fully eligible to list these advantages. First is, one never gets bored by watching the same faces again and again. Be it breezy summer or frosty winter, there is a rush of new and fresh faces from all over the world. By closely observing these aliens wearing monkey-caps, outfashioned coats and colourful woollen socks with beach sandals one can learn a lot about human behaviour. With little practice one is able to grade a hardcore tourist from a first timer by the sheer size and make of his waterbottle or sunglasses. Another creed seems to be mad about photographs. Their ultimate aim is to click snaps as proof of their adventure to cynical friends and envious neighbours, back home. They pose in front of statues, monuments and notice-boards. To authenticate further they wear the local costume and hold a twig of pine or a branch laden with apples in their hands. I have often been asked in various tongues and accents to be the photographer of these precious moments. You unknowingly find yourself playing host to these visitors, sometimes guiding them to various locales saving them from greedy shopkeepers or else briefing them about history and culture of your state. One day I found some persons communicating with a foreigner in a queer mix of Hindi and English, but he was not getting it. In fact, he was a German and knew little English. I also knew a little German. He was greatly relieved when I spoke in his tongue. I tried to collect all forgotten words, verbs and articles from my poor memory. I was much more desperate to be grammatically perfect than at the time of my viva. Soon, he was grinning, showing what a mess I was making of the language. I took him to the Bank, tourism-office and then to a restaurant where I presented the best picture of my state and country to him. We exchanged addresses and became friends. The experience left me enriched. It is due to these small
joys that I do not grudge the flocking of these seasonal
birds called tourists, alighting on my town throughout
the year. |
New body to select Judges
IT WAS one of the sharpest engagements between the executive and the judiciary in recent times and its reverberations will be felt for a long time to come. “There is an all-pervasive perception,” charged Prime Minister Atal Behari Vajpayee on November 26, addressing the nation’s apex judiciary, “that the law has become the shield of the unscrupulous. The exasperating and increasingly expensive delays of the judicial system justly invite derision and contempt.” Successive generations of judges of the Supreme Court, he said, setting the historical balance straight, have discharged their responsibility with distinction and aplomb. “You have,” he told the Judges gathered at the court’s golden jubilee celebrations, “responded positively to the new concerns and challenges emerging before a dynamically changing nation,” even as “some of your brother Judges showed exemplary courage” in the past in upholding the rule of law during the nation’s darkest hour, the Emergency. The court (he said) had withstood, substantially if not largely or fully, the test of time and our Judges “can hold a candle to the best in the world.” And yet, he said, the event calls for honest introspection and stock-taking. The government was under a popular mandate to initiate far-reaching judicial and administrative reforms. This included inter alia the establishment of a National Judicial Commission for recommending appointment of judges to the Supreme Court and High Courts and drawing up a code of ethics for the judiciary. The idea of setting up such a Commission was first mooted 12 years ago by the Law Commission of India in its 121st report titled “A New Forum for Judicial Appointments”. “The conclusion is inescapable,” said the Law Commission, then headed by Justice D.A. Desai, “that vital changes will have to be made in the existing model” of appointments to the higher judiciary. Trends all over the world, it said, indicate that even where the power to appoint Judges vests in the highest executive, the movement is towards “dilution of the power” by associating more and more people with the decision-making process. “The approach is to devise a body where power is shared so that the objects underlying the conferment of power can be effectively achieved.” The object underlying the power of appointment of Judges was best stated by Jawaharlal Nehru in the Constituent Assembly on May 24, 1949, while debating the point: “We are going to require a fairly large number of High Court Judges and Supreme Court Judges (he said) ... . It is important that the Judges should not only be first-rate, but should be acknowledged to be first-rate in the country, and of the highest integrity, if necessary people who can stand up against the executive government and whoever may come in their way.” Judges like that are not easy to find though they are not difficult to find either, provided those who are assigned to select and appoint them are themselves persons of the highest integrity and calibre and sensible of the responsibility underlying the assignment. Since 1993 and the Judges’ Appointment Case decided late that year, the primacy of the executive in the appointment of Judges has given way to the primacy of the Chief Justice of India. And, after the Presidential Reference Case of 1998, to the primacy of a judicial “collegium” headed (though not necessarily dominated) by the CJI. But neither the executive, in the first three decades of the working of the Constitution, nor the judiciary since 1993 has covered itself with glory over the selection and appointment of Judges. Political partisanship in the pre-1993 phase has been succeeded by judicial subjectivism after the 1993 “transfer of power”. “Without meaning any disrespect to the institution of Chief Justice,” says the 121st report of the Law Commission, “if proposal after proposal (for the appointment of judges) is examined, it would be next to impossible to ascertain with certainty the reasons why one is recommended and some others, equally competent, are excluded.” Such subjectivism (it says) disclosing individual preferences is conducive neither to the healthy development of judicial traditions nor to the strengthening of the judiciary as an institution. Will the proposed National Judicial Commission, its composition yet a matter of speculation, “improve on (to borrow David Pannick’s words) the unarticulated criteria, acts of God and secret processes of nature which currently govern judicial appointments”, or will it mark merely a retransfer of power from the judiciary to the executive, or a blend of both, without anything more? It remains, to use the
ageless cliche, to be seen. |
Focus on the needs of the disabled
LAST week has been full of unease and unrest and it was a week that saw several rallies here. And as the ‘days’ were fitted in — World AIDS Day on December 1, International Day of Disabled Persons on December 3, the Bhopal Gas Tragedy Day on December 2 — the traffic scenario worsened. Mind you, two other ‘days’ stand lined up and so you can imagine what the imminent state of and on New Delhi roads will be. Yes, coming up on December 6 is a march to focus on the demolition of the Babri Mosque and ND Pancholi informs that on December 6 afternoon over 30 organisations which include PUCL, PUDR, Citizens For Democracy, Champa, Indian Radical Humanist Association etc are organising a march from the Red Fort till Ferozeshah Kotla grounds. And yet another set of marches will take place on the Human Rights Day — December 10. But this time, together with these marches, a certain rise in the level of awareness and sensitivity can be felt. For instance on the Day of Disabled Persons, besides two major workshops — one conducted by Max Mueller Bhavan, Council for Social Development and IIMC, and the second conducted by the British Council and Very Special Arts — discussions did focus on the sexual needs and desires of the disabled. Not only this, several NGOs pressed for the accessability needs and also for implementation of the various clauses of the Disability Act. And when I contacted the Disabilities Chief Commissioner, Mr B.L. Sharma, he sounded more than confident. “In the last one year out of the 300 complaints registered with us I have decided 153 cases and except in three cases all others have been decided in the first sitting itself”. Sharma adds that the nature of complaints are generally along the following lines — harassment of the disabled person at place of work, posting of the disabled at a hazardous place, the disabled person retrenched from his place of work because of his disability, no reservation for the disabled at the university or college or even at the job levels. Ironically, in spite of these tall claims the fact remains that the DCC has not been able to appoint Disability Commissioners at the state levels. In these two years only four states of the country — Punjab, Kerala, Gujarat and Rajasthan — are equipped with the Disability Commissioners. Any reader who has a grievance to be looked into can contact the DCC at Institute of Physically Handicapped, 4, Vishnu Digambar Marg, New Delhi. It was disappointing And last Tuesday the chairperson of the Guild of Service, Mohini Giri, hosted a reception at the IIC for women members of Parliament. At least 21 women MPs did turn up but in the very introductory session sketched a very sorry picture of themselves. It was rather shocking to hear the majority of them rattling how they defeated their opponent, by how many votes and what their party stands for. It was like a wrestler talking about his achievements. Only towards the end of this get-together did Shabana Azmi breeze in, and after apologising profusely went on to speak about what the role of women members of Parliament could be — i.e. they should be able to speak for the women at large and protect their interests. But Azmi breezed out equally soon, before any of those collected that evening could actually interact with her, leave alone talk about the problems and issues. Focus on Bhopal tragedy And focus on the surviving victims of the Bhopal gas tragedy was created by the screening of a film ‘Bhopal Express’ on the so-called 15th anniversary of that tragedy. Space will not allow me to go into details, but then I must add that whatever loopholes remained to be highlighted in the film, were soon filled up by a newsletter distributed during this film’s screening. This is the newsletter of the Bhopal Medical Appeal which raises money for the running of the Sambhavna clinic which in turn renders free medical aid to those affected. Those pictures, those descriptions, that plight of those affected can really affect you. How thousands of these victims sit medically unwell and there is little that can be done, for perhaps, we belong to the Third World where the value of human life is low. Perhaps worth just a couple of dollars or so. From Kuwait with love And in another touching
gesture, this week the children of Kuwait sent Rs 1.4
lakh as their contribution towards the building of a new
complex of Shankar’s Centre for Children. Coming up
in New Delhi’s Chanakyapuri area over a plot area of
2,530 sqm the estimated budget is 50 million. For this is
said to be one of the biggest and most complete centre
for children. Complete with Shankar’s International
Doll’s Museum, a permanent gallery of
children’s paintings from several countries, an
amphitheatre, a reference and research library, lodging
facilities for young visitors from the world over,
counselling and vocational guidance cells and seminar and
conference rooms equipped with multimedia and electronic
media facilities. |
December
6, 1924 A NOTEWORTHY feature of the forthcoming anniversary celebrations of the two sections of the local Arya Samaj is the decision to hold a part of the celebrations, i.e., from the 25th December, jointly. Ever since this great socio-religious movement was split up into the “College” and the “Gurukula” sections over a quarter of a century ago, the two sections have held almost scrupulously apart. They are, therefore, to be sincerely congratulated on their partial realisation of the crying need of the time, which is unity in all directions. The well-wishers of this
great movement will anxiously look forward to the time
when they will entirely coalesce into a unified body. |
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