Saturday,
August 10, 2002, Chandigarh, India
|
Lessons
from drought Gujarat poll portents |
|
|
Harassment
by cops THERE are few public servants who never abuse their position. It is not that they do not know when they transgress the limit that provides them protection from prosecution. However, since they play the role of law-enforcers they tend to cloak their transgression as acts that were committed while performing their duty. Yes, they could harass ordinary citizens without the fear of being tried by a court of law without due permission from their superior officer.
Drought
stares millions in the eye
A prayer
answered
From
ritual to real Rotary
‘Centre
can impose Governor’s rule without J&K govt’s consent’
|
Gujarat poll portents WHILE the final decision of the Election Commission regarding the Gujarat poll dates will come only after the three-member EC panel returns from a tour of the state, the voluminous report submitted by the nine-member team headed by the Deputy Election Commissioner, Mr A.K. Jha, has already given a fair assessment of the situation prevailing there. The team is categorical that the situation in Gujarat is just not right for members of the minority community to vote fearlessly. And if they cannot vote, an election will not qualify to be either free or fair. It is unlikely that the conclusion of the Election Commissioners will be radically different. Members of the minority community who are living in relief camps or outside their homes are in no position to participate in the elections if these are held immediately. And yet, Chief Minister Narendra Modi has been in desperate hurry to go through the exercise. His calculation is that the current surcharged mood will help galvanise the votes of the majority community towards his party. For all one knows, this may prove to be wishful thinking because there are many sane persons in the community who may not raise their voice openly against the treatment being meted out to the members of the minority community, but are deeply anguished by it. They may have a nasty surprise in store for the Chief Minister who is no picture of even-handedness. Even if he is right in his assessment, there is no reason why the state should be dragged to a poll much before the scheduled date to suit his convenience. The top priority today is not to foist another election on the riot-battered state, but to come to the aid of the hapless people who have been uprooted by the ugly eruption. Unfortunately, such noble thoughts do not seem to cross the mind of the Gujarat government. It is more concerned about perpetuating its rein by another five years or indulging in activities which have the potential of aggravating the situation. Right on the eve of the visit of the Election Commission team, it revived the idea of organising a Gujarat Gaurav Rath Yatra. This yatra was postponed sometime ago at the intervention of the Prime Minister. Apprehensions were that this would vitiate the atmosphere in the state and may spell fresh trouble for the victims of the riots. Nothing has transpired in the intervening period to give one the assurance that the yatra will pass off peacefully, without threatening the minority community. All these factors will have to be weighed carefully by the Election Commission team. |
Harassment by cops THERE are few public servants who never abuse their position. It is not that they do not know when they transgress the limit that provides them protection from prosecution. However, since they play the role of law-enforcers they tend to cloak their transgression as acts that were committed while performing their duty. Yes, they could harass ordinary citizens without the fear of being tried by a court of law without due permission from their superior officer. Not anymore. The Supreme Court in a recent judgement reinterpreted, and rightly so, the provisions of Section 197 of the CrPC that provides protection to public servants from direct prosecution. The apex court ruled that a police officer who files a false case can be prosecuted without permission from his superior officer. However, it would be wrong to obliterate the difference between a case filed in good faith turning out to be false and one that is made out by the officer concerned with mala fide intents. Judges, bureaucrats and police officers can all make honest mistakes. But there is a difference, that is as clear as daylight, between an honest mistake and an act of mischief. It is in this context that the Supreme Court ruling should provide hope to countless victims of false cases made out against them by vindictive officers. The two-Judge Bench stated that as per Section 197 prior sanction for prosecution of a public servant gave him no protection if the complaint pertained to an act that was done not as part of his official duty. The judgement is a fallout of a case in which a policeman demanded bribe from a businessman in Bhagalpur in Bihar. When the businessman refused he was booked in a bogus case. The victim turned out to be a tough nut. He filed a complaint against he police officer. The officer in turn approached the Patna High Court that upheld his plea of protection from prosecution without permission from his superior officers. The apex court did well to treat a public servant as a private entity when he was not on duty. It goes without saying that the apex court’s interpretation of Section 197 should apply to all categories of public servants and not just policemen. However, laying down the law by itself cannot provide protection from harassment to ordinary citizens from vindictive public servants. Public spirited individuals, ideally from the field of law, should launch an awareness campaign whenever the apex court lays down laws that protect members of the public from harassment at the hands of their servants. |
Drought stares millions in the eye A
political leadership responsive to mass needs and an alert and efficient administration is required when widespread drought has hit India. It is havoc for millions of small farmers and farm workers. The measures to give prompt relief to them must be the prime task of democratic governance. But the political leadership and administrative machinery seem at present to be devoid of the needed response to the national calamity and is unmindful of its responsibility. The relief measures are not just tardy. The ruling coteries at the Centre in particular and in the states are indeed being cynical. Smug bureaucrats have openly berated the state governments for not formally declaring the drought-affected areas in their states before asking for financial assistance to start relief measures. Certificates of the utilisation of assistance for relief purposes by the states in the past are being demanded before pleas for drought relief would be entertained by the Central Government. Bureaucratic rigmarole and legalese are galore and have been brought into play fully, even gleefully, to hold up adequate relief measures for the drought-hit parts of the country. The task force headed by the Deputy Prime Minister to cope with drought problem has engaged itself with only procedural niceties for the start of relief works. There is yet little done to provide relief to the people affected by drought. The cyclical occurrence of drought in India is a familiar phenomenon. Its grave adverse aftermath for not only Indian agriculture but the entire economy is also well known. It is not correct that drought has come this year after 13 years of good monsoon rains. There have been in between several years when drought conditions arose in some part or other of the country and there have been up and down of agricultural production for seasonal factors and because of changes in the pattern of monsoon rains. The matter of grave concern in this context is that the drought this year is far more intense and widespread. The position is similar to what happened in the mid - sixties. Studies on drought show that the cycle of drought on this scale and intensity hits India once in 50 or so years. The impact of such a drought is devastating for the economy and social relations and living conditions of the people, especially in the countryside. There is mass migration of the famished people from drought-hit areas to towns and cities. There is need, therefore, at once to start extensive work for food programme in the drought-affected rural areas. Dithering results in acute deprivation for the poor farmers who also loose their small parcels of land to big landlord interests and sahukars. The farm workers cannot find any work in the villages in these conditions. Town and cities too are then exposed to economic distress and social tensions. The pompous talk of pushing ahead with so — called economic reforms for 8 per cent plus economic growth are pointless in the prevailing conditions. The projection of this rate of overall growth when the agricultural sector, on which 60 per cent of India’s population
depends, has been wrecked by drought and rate of investment in the development of essential inputs — irrigation in particular — has sharply decelerated in the last 10 years is senseless. This only shows that political leadership of governance has completely divorced itself from economic and social reality and alienated itself from the mass of the people. The conditions — economic, social and political — have indeed arisen which are similar to what happened in the mid — sixties with the drought acting as the catalyst. The planned development process with self-reliance and social equity as its proclaimed objectives then suddenly lost steam and has since not recovered either its economic relevance, social acceptance or political support base. The big and middle farmers acquired the ownership of prime agricultural land after the abolition of the feudal Zamindari system in the fifties. Drought in mid - sixties helped them to weaken the bargaining position of the small farmers and agricultural labourers and marginalise them in the structure of the rural economy. The ground was thus prepared for launching the new agricultural policy - the so-called green revolution - in which commercial farming flourished. The mid-sixties was also the starting point of the end of the political hegemony of the Congress party. India currently too is poised for big changes, economic, social and political. Will the drought this year acting as a catalyst as in the mid - sixties, for changes to fructify is difficult to say. It is also difficult to predict the economic and social content of the changes that seem to be in the offing and their political fallout. What actually happens now will obviously be determined by the nature of economic change and the inter-play of social forces. The political re-alignments are already underway. But they have yet to mature. The elite in the Indian society is ensconced in mainstream political parties, especially the BJP and the Congress. Their social composition is getting more and more clear. Business interests, especially corporate business and upper and middle class professionals are now openly and defiantly determining policy preferences not only in the economic but also social and cultural fields for the governance of the country. This has its implications for India’s external relations as well. It is not fortuitous either that devious ways are being adopted to limit the democratic rights and civil liberties of the people with a view to regulating and curbing the assertion of these rights and liberties by the mass of the people. The feverish pace with which market-friendly economic policy is being attempted to be pushed forward is indeed remarkable. The ruling elite no longer hides the intent to override dissensions in society and policies by authoritarian governance. The leadership of the main rivals for political parties do not hesitate to keep their cadres under control by corrupt means and misuse of the state apparatus. It is not surprising either that the credibility of the politicians of all hues enjoying political power and patronage is now under question among the popular masses. It is necessary in these conditions that democratic accountability and political contention should be on the basis of policy commitments and practices. Diversionary tactics should not attract too much attention or sway the public opinion. Political alignments should be transparent and the right choices not blurred. Regional considerations, communal and caste divisions are bound to influence choices. But policy issues must not be allowed to be sidetracked and lose their paramount importance in political contention. Political stability and economic development that the ruling elite is seeking are bound to provoke popular resistance. It must now throw up political leadership with close and dynamic linkages with the mass of the people of India. |
A prayer answered KARNATAKA is in the grip of an unprecedented drought for the fourth consecutive year and a desperate state government has requisitioned the services of sadhus, sants and other holy men to conduct yajnas and pray for rains. This has led to an angry outburst from rationalists and local newspapers are full of passionate correspondence on the subject. There has been a veritable cloudburst of letters over newspaper offices and filling the parched “IN” tray on editors’ table. A Bangalore newspaper has reported a record 12 inches of letters in 24 hours. It has steadily been raining letters since the morning. There has also been a sharp spell of letters from those sitting on the fence and egging on the fight between rationalists and believers. Many low-lying newspaper offices were inundated by letters and staffers had to wade through
knee-deep letters to get to their desk. A sub-editor was marooned by swirling letters and had to take shelter on a rotary press. Habitual writers of letters to editors are offering thanksgiving for breaking the prolonged spell of drought of meaty topics to write on and dash off letters to newspapers. A retired Deputy Director-General of Meteorology, speaking on condition of anonymity said: “There’s no gainsaying that conduct of yajnas by sadhus and godmen and chanting of mantras can produce a heavy downpour of letters over newspaper offices. It’s a fact that, of late, due to an anti-cyclic movement of strato-cumulus and rain-bearing monsoon clouds, good letters have failed to arrive on time in newspaper offices. There has also been a slight shift in south-west monsoon and as a result, more letters are being diverted to weekend tabloids and “dak” editions leaving the morning editions reeling under the absence of good letters to publish.” “May be no rational or scientific explanation is possible, but it’s quite possible that divine mystics and sages with their yajnas and chanting of mantras can cause a heavy downpour of letters in catchment newspaper offices. According to vedic lore, the subtle vibrations on the metaphysical plane set up by rhythmic chanting of mantras and heart-felt prayers can provoke the worst in all-knowing, rain-bearing rationalists and when they reach a relative humidity of 85 per cent self-righteous indignation against superstition and obscurantism, heavy rainfall can be expected over newspaper offices, submerging them under letters. With those who believe in the efficacy of prayers and conducting yajnas to placare the rain gods, a relative humidity of 30 per cent would be sufficient to produce two inches of precipitation of plaintive letters to editors. Today’s Forecast. Under the auspices of the Karnataka Government chanting of mantras and prayers for rains and “chandi homa” in all the dried up tank beds and reservoirs in the state with a maximum of 804 angry letters from rationalists and a minimum of 211 plaintive letters from believers pleading for tolerance and patience and an open-minded enquiry into the efficacy of prayers and appealing to rationalists not to say anything that might further offend the angry rain gods. Surface winds gusty with editors likely to get a splitting migraine headache from trying to keep the two warring factions apart. A light shower of letters likely for late editions in the evening and night. |
From ritual to real Rotary I
broke a self-imposed rule of not taking, social outstation commitments on Sundays by attending to my teacher’s installation ceremony as President of the Rotary Club, Chandigarh Mid-Town a few weeks ago. As destiny would have it, it was the student who happened to be the chief guest. The teacher was Dr Balram, a practising lawyer, legal luminary and a law professor who has taught law to thousands of students at Panjab University. Dr Gupta’s students are present all over the country and the world, occupying high positions in various fields such as political, administrative and judicial. In the audience for the ceremony were senior members of the Bench and the Bar. Over 200 Rotarians with spouses and a virtual who’s who of the city was present. Mr Gupta outlined his programme for the year ahead: (a) working with prisoners (b) vocational training for the needy (c) continuity of certain ongoing programmes of the past Presidents. To these was added the need for education on drug abuse prevention by Raja Saboo, the legendry Rotarian who was the first Indian to be the Director of Rotary International, a position of great honour for India & Indians. After hearing the presentation it was my time to respond. I had not gone to the function without any prepared text. In fact the inspiration to suggest, what I did, came through listening and reflecting on what was being stated from the podium. And what I stated at the function was perhaps unconventional but it was a product of the prevailing circumstances. Hence this narration. My suggestion to the Rotarians present in the audience was that since the Rotary movement all over the world comprises educated, intelligent, perceptive and rich individuals, it is time that they go beyond the limited community or strictly social or health care projects. The Rotarians today need to raise their stakes in the good governance of their respective nations. By this I did not mean that Rotarians play politics or become a political front or a Rotary party. What I mean is that Rotarians along side their community projects become equally concerned about the quality of governance, be it local, district, state or national. By practical application I mean that while they remain neutral and non-political they ought to raise issues which are of concern to them as conscientious citizens. In order to effectively do so they can adopt various strategies — to mention one such is to individually and collectively confer with persons who can make the difference. For example, issues of pollution/corruption/traffic management/right to information/accessibility to individuals in government/speedy decision-making/speedy trials/delayed justice, etc. Selected issues to be raised could emerge from within their groups or through workshops. These then could be discussed on one-to-one basis with the powers that be, not for individual or collective publicity or holding of press conferences but out of genuine concern for better governance. By keeping such interactions personal and private and without making them public, they will effectively educate the decision makers, thereby raising their responsibility. Even if nothing is achieved, at least the policy-makers or decision-makers would be put on notice and left alerted and better informed. The alibis would be gone. Hence it is time that Rotary moves the centre-stage as a non-political forum, which in fact it is, and continues to work for the under privileged as it is at the moment in a methodical and generous way. Its polio-pulse programme is a nationwide success. But to go beyond social/community projects would imply a more proactive and responsible role as enlightened and conscientious citizens, who are willing to use their goodwill and the clout for the betterment of citizens through issues of good governance as a whole. I reiterate that I am fully conscious of the fact that this suggestion could be controversial because this is not included in the mission statement year to year of the Rotary Clubs. For instance, the message of this year is to “Sow the seeds of love”. If my suggestion is acceptable then the message could one day well be “sow and nurture the seeds of good governance”. For citizens as a whole, one issue which can have a surgical impact on the national political scene is the right to information about antecedents/assets/academic qualifications and even the state of health of the political representatives. The Rotarians as a citizen forum need to share on a regular basis with the appropriate individuals in closed-door meetings their considered views. This needs to be considered now as a national duty. Imagine if a non-political forum which comprises middle and upper class persons and professionals start interacting with the government in an appropriate and systematic manner, what collective impact it could have? No more would the needs and concerns of this so-called ‘non-voting’ urban community be ignored. And also since Rotarians are dealing with marginalised sections of society they can alongside raise issues of concern as their programmes are rooted at the ground level. Hence the clarion call of today is for Rotary to be a non-political-citizens voice. If this happens the Rotary wheel would have added gears and become multi-dimensional and move on from being a “Ritual Rotary” to “Real Rotary” with wheels which cover many directions for the benefit of the masses. But what is suggested for Rotary is equally applicable to other organised non-political forums such as Rotaractors, Lions, Innerwheels, Jaycees, Young Presidents organisations, Chambers of Commerce, Residents Welfare Associations, women’s groups and all other well meaning citizens groups. |
‘Centre can impose Governor’s rule without J&K govt’s consent’
The following are excerpts of an interview: Q: The
announcement of elections in J&K came before the formation of the
Kashmir Committee headed by you. Don’t you think that is putting the
cart before the horse? The government should have done some home
work by talking to all elements. The government should have ensured
widespread participation of all. We don’t want a rehash of the past
two elections. We have been saying that we would hold free and fair
elections in J&K. But "free and fair" can also mean that
only one voter turns up at the booth. That is not what we want. We
want to show to the world that all major elements in the political
life and space of the state have freely fought the election to
determine who are the real representatives. Q: What next after the
"real representatives" are determined? After the true
representatives are determined, we will sit across the table with
peace and compassion and without any hatred or prejudice to decide on
the future of the state and the overall will of the people. Q:
What do you mean by saying that the government ought to have done some
home work? I mean what the political sense requires. The
government stated in the Rajya Sabha last week that it was sincere in
talking to everybody in J&K. The committee is only taking a
cognisance of what the government has said. Q: So how do you feel
now that the elections are just round the corner? We have watched
with some amount of regret that elections have already been announced.
This has definitely complicated efforts to ensure the broadest
possible political participation in the election process. It has come
before the government could even initiate a dialogue to elicit such a
broad participation. Those political elements who would have agreed to
take part in the elections after a lapse of many years simply do not
have enough time to arrange for the logistics. Q: In what
capacity did you visit J&K recently and talk to a cross-section of
the political spectrum there? My visit to J&K was in a
personal capacity. I had not gone there as a representative of the
government. I want concurrence of the government and not their
blessings because the government’s blessings will erode my
authority. If you go as an agent of the government they (the
Kashmiris) are likely to trust you all the less. Q: What is the
single most important thing you look forward to from the Centre? The
government should give the assurance that it will enter into a serious
dialogue with the elected representatives of Jammu and Kashmir to
discuss all issues pertaining to the future of the state. We would
like the government to start the promised dialogue which was very
eloquently offered by Mr Advani wherein he talked of sincerity. Q:
Your focus seems to be on the word "sincerity". Isn’t
it? Yes. Let me define "sincerity". That you enter the
negotiating chamber with the determination that you would not stick to
a rigid position. You would act in a spirit of compromise on the basis
of give and take. Therefore, the two extreme positions are now out:
the BJP’s stand for repeal of Article 370 of the Constitution and
some others wanting secession. Q: You met the Prime Minister on
August 6 and asked him to impose Governor’s rule on J&K. Can the
Centre do that without the recommendation of the state government? I
can’t tell you what all I discussed with the Prime Minister. But
yes, I did tell him that you have to start a dialogue forthwith. That
dialogue should make two points very eloquently and clearly: that the
elections which will take place will be completely free and fair and
every mechanism to ensure this will be examined and decided by mutual
consent. Article 35 of the J&K Constitution expressly provides
that in imposing Governor’s rule under Article 92 of the J&K
Constitution the advice or concurrence of the state government shall
not be necessary. And Jagmohan had dismissed the state government
without the concurrence of the state government. It is common sense
that no state government would advise that you dismiss it. Instead, it
will resign. Q: Therefore, you feel the Centre should impose
Governor’s rule on J&K? Yes. It makes great political
sense. The only thing which will prevent this sensible action being
taken will be that you will have to follow it in Gujarat. Otherwise,
it makes great political sense. Q: You mean there cannot be free
and fair elections in J&K without Governor’s rule? You see,
there may be free and fair elections but the promise is that the
elections will not only be free and fair but also appear to be free
and fair. Q: Why are you an advocate of Governor’s rule in
J&K? Because those elements who have boycotted elections in
the past will necessarily insist on a level-playing field. Otherwise
nobody enters an election with the dice loaded against him. Q: Do
you think that the Hurriyat Conference is the representative of a
sizable population of J&K? And would the elections be shorn of
validity in view of the fact that the APHC has decided to stay away? I
think the elections without their participation will be a farce. I
believe that the APHC is much changed. See Sajjad Lone’s statement.
We have been working for the last so many months to bring about this
change. Don’t expect the APHC to surrender. Welcome them, honour
them, compliment them and invite them for talks. My only demand is
that the government has promised a sincere dialogue which must start
today and not tomorrow. |
Let a man think well of wealth and strive to win it By the path of law and by worship; Let him take counsel with his own inner wisdom And grasp it with a still greater ability. — Rigveda *** When men discover the essence of the language with wisdom, As if winnowing paddy through a sieve, Friends start acknowledging love, The sign of friendship. And their talk retains the sentiments Expressed through it. — Rigveda *** The Divine Wisdom of the Vedas Leads to material and spiritual advancement. — Samaveda *** The most fundamental question before Gautama the Buddha was “what is wisdom?” And the same is true for everyone.... If it can be answered by you authentically rooted in your own experience, it brings a transformation of life. — Osho, The Book of the Books *** Meditation is the practice that helps you keep the company of your own saintliness. It is like worshipping the rising sun within your own heart. Just as pilgrims bathe in holy rivers to experience sanctity and to become free from sins, in the same way, a meditator goes within and takes a sacred bath in the profound silence of the heart to experience divine light. —
Swami Chidvilasananda, Gems from the Magic of the heart *** You can imagine a blossoming lotus in the heart or the light of the rising sun in the heart. The best form of meditation on the heart is to feel consciousness as seated there. From this... you can slowly proceed to the universal. — Yoga Meditation and Japa Sadhana |
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