Monday, September 23, 2002,
Chandigarh, India
|
The Abu
Salem challenge Troubled
Indian immigrants
The
popular mood in Kashmir |
|
Musings
of a dope!
Anupam Gupta A hero
of 1857
|
Troubled Indian immigrants The existing ground realities make a number of poor Indians migrate abroad in search of greener pastures. There they work as manual or semi-skilled labourers. More often than not, they enter their host nations illegally and lack the protection and social security that citizens and legal aliens have. Unfortunately, they often get into the clutches of illegal human traffickers, an organised racket that escapes critical government scrutiny, except at times when there are incidents involving potential immigrants such as the 1996 Malta boat tragedy in which 170 Punjabis died. Many are also caught and jailed en route. Still, the migration goes on. Migration from India is a centuries' old tradition. If we look at the various coastal nations of the Indian Ocean, we see that expatriate Indians have a significant presence there too. An unfortunate complaint that resounds from these "subaltern" Indians abroad is that they do not get the required help from Indian missions. Mr Balwant Singh Ramoowalia, MP, has taken up the case of Indians in Italy and the negative role of the mission staff there with the Minister of State for External Affairs, Mr Digvijay Singh. The Italian government announced on September 9 that it would grant legal immigrant status to all those who have been living "illegally" and working on "petty and irregular jobs". An estimated 15,000 expatriate Indians (13,000 Punjabis) can benefit from this decision, provided they produce proof of identity. However, most of them lack such documents and need the help of our offices abroad. Emigrants are complaining about the lackadaisical and unhelpful attitude of the Indian Consular offices in Rome and Milan in giving them the required duplicate passports or other documents. While one can understand the officials' reluctance to give such papers to the undocumented Indians, South Block must empathise with the poor emigrants and go out of its way in providing them with help to legalise their status. Mr Ramoowalia's efforts deserve to be commended. What is happening in Italy is not an aberration; such behaviour has been noticed elsewhere also, especially in the eighties, when Washington had offered amnesty to all illegal "farm workers" in the USA. While Pakistani missions have come in for praise from their expatriates on both occasions, Indian officials have been accused of exploiting the situation and being unhelpful. Expatriates' desire to regularise their status in the countries they are working is only natural, and needs all the support that the Ministry of External Affairs (MEA) can give. The MEA should take immediate cognizance of these complaints and react instantly in making the functioning of Indian missions transparent and people-friendly. While it should not aid illegal activity, the MEA should extend all legitimate help to expatriates so that individual Indians should not feel that their country is not with them. Do not leave them in the lurch to become economic slaves of the new millennium. |
The popular mood in Kashmir Perhaps, the most enduring image of the first phase of the poll in Jammu and Kashmir on September 16 would be the large turnout at a small village called Budkote just past Handwara in the Rajwar area. Even as the sound of gunfire resounded from the forested hills at a distance, the voters sat patiently on the ground to wait for their turn to cast the ballot. They were unmoved by the presence of militants all around them and the threat that the first voter would be shot 14 times. They spoke about unemployment and bad roads. They spoke of the misrule of Dr Farooq Abdullah and the long time that was being taken in the casting of votes. They expressed apprehensions on how fair the poll would be and whether it will not turn out to be an exercise in futility in showing the present government the door. But not even one person spoke about the boycott call given by the Hurriyat Conference or of “azadi” from India. The concerns about their day-to-day living overrode the larger political issues and the single emotion that ruled was that of bettering their lot by installing a responsive government. Budkote was not an isolated example. Through the districts of Kupwara and Baramulla, except for the town of Sopore, the voter turnout surprised even the most optimistic. At the end of the day, the poll percentage touched 48 per cent, an impressive figure given the fact that the first phase covered the four most militancy- hit districts in the state. Contrast this with the 10 per cent turnout that Punjab witnessed 10 years ago and they would put the election scenario in J and K in the right perspective. Like some parties in J&K, the Akalis had boycotted the Punjab election then. However, they were quick to realise their mistake and consequently came to power for full five years, ending early this year. Punjab apart, a quick analysis of the voting pattern vis-a-vis the militant threat in J and K throws up interesting figures. In nine of the 23 constituencies that went to poll on September 16, there was a strong militant threat to the voter. The polling recorded was about 37 per cent. In 12 constituencies where the threat was moderate, the turnout was 54 per cent, and in the two constituencies that answered the call for poll boycott; the voting percentage was 12 per cent. In other words, the response to a political call was far greater than the threat from the militants. Moreover, wherever there was a credible alternative to the ruling National Conference, the turnout was higher. As such, the second round of polling in Jammu and Kashmir, which is to be held tomorrow, has to be viewed in the larger perspective of the ground situation in the state as they exist today and in the context of the voting that took place on September 16. An objective appraisal of these could facilitate responses from New Delhi and Srinagar and possibly lead to the next few steps aimed at restoration of peace and harmony in the troubled frontier province. Despite the killings of political leaders and activists and attacks on security personnel ever since the poll process started late last month, the mood in the Kashmir valley has been one of participation in the electoral process. From the filing of nomination papers to the electioneering, the levels of enthusiasm have been beyond the expectation of many observers. Given the situation in the valley, they had expected a subdued campaign and a total disenchantment of the voters with the process. However, the ground situation was dramatically different. Both in the first phase and at the close of electioneering for the second phase, public rallies and door-to-door campaigns attracted sizeable crowds. If in some places rallies have not been held or have been at a low key, it was because of the fear that the militants might resort to indiscriminate firing or trigger IED blasts. The militant strike at Surankote when a PDP rally was to be held in the first phase shows that the people’s fears are not entirely unfounded. In Srinagar, it was because of this fear that the campaign started with impromptu group meetings in localities and later built up to even boat rallies in the Dal Lake. Political activists trampled lurking fear to organise gatherings and put up buntings and flags as it happens in any other part of the country. The desire to cast the vote and see a change in governance was so strong that, according to an Awami National Conference leader, Mr Muzaffar Shah (whose party is not contesting the elections), “Many workers from different parties have approached me and asked me to tell the security personnel to just lightly knock at their door on the day of the poll so that they can come out and vote and later save themselves from the militants wrath by pleading that they were coerced into it by the army.” The will of the people to participate in the democratic process perhaps played a significant part in the change of attitude of several parties which were till the other day stridently either pro-azadi or pro-Pakistan. The divergence of viewpoints within the umbrella of the Hurriyat Conference speaks of the paradigm shift that has taken place in the valley. Though Hurriyat chairman Prof Adbul Ghani Bhat continues to make pro-Pakistan statements, his tone is milder. The Hurriyat’s, senior leader Mirwaiz Umar Farooq and others now talk of autonomy. The Lone brothers of the People’s Conference are, in a way, participating in the elections through their dummy candidates. As such, given the international climate and local compulsions, the stage seems set for a fruitful dialogue after the formation of the government in mid-October. The first phase has also sent out a very clear signal to the other constituencies that will go to the polls in the rest of the three rounds. For the first time in as many as 25 years the voter seems convinced that the poll is not rigged. There were apprehensions before September 16 and genuinely so. At least two generations of Kashmiris have not seen a fair election. The 1996 poll was, perhaps, the worst nightmare of rigging come true. As such, cynicism on the part of the electorate was natural. However, the September 16 polling was the fairest ever seen in any part of India since Independence. This is no exaggeration but only a mild statement of a fact that has been an eye-opener for even the most experienced of poll observers. The polling staff and security personnel were neutral, polite and firm, and painstakingly followed the laid down procedure. The security agencies maintained their distance from the electorate, and coercion was non-existent. Those who spoke of coercion did so to justify to the militants their presence at the polling stations. Given the mood, it could be expected that the militants might resort to desperate acts of violence during the remaining phases. The strike in Srinagar Police Colony on Saturday and the attack, fourth in a row, on the Tourism Minister, Ms Sakina Itto, only underline the fact that though the militants may be on the back foot, they are not down and out. A strict vigil even after the elections will have to be maintained to check the activities of the militants. But a part of the problem may be solved if the Centre moves away from the Abdullah-centric strategy it has employed over the years. Such a strategy has been the biggest tragedy for the Kashmiris. Bad governance is the real issue at the ground level, and if it is not sorted out now the state may miss yet another chance for a return to normalcy. In fact, the real and long-term answer to militancy is democracy that is transparent and responsive. |
Musings of a dope! Please allow me to soak myself in self-praise. I am a simple person. And look simpler. Sometimes some people mistake me for a simpleton. My cool is often mistaken for cowardice. And taciturnity for timidity. A low profile government officer. Patience is my forte! I have never been choosy about my postings. Small wonder, about two years ago, a posting in the Department of Personnel was a pleasant surprise. For a few colleagues, both senior and junior, belonging to what I call “Stick to Shimla by Hook or by Crook Sub-cadre,” it was an unpleasant surprise though. During my long field posting some members of this elite club treated me like a country cousin. Almost as a dope! But a posting in the DOP was a different ballgame. All of a sudden, I became venerable. The junior colleagues, who, to my chagrin, addressed me by my first name, began to sir me profusely. I was no more a dope. Though I was the same person. A colleague couldn’t help having a dig. “I declined the offer. It is a good posting. But not at present. The secretary is so efficient and intelligent. You can’t grow under a banyan tree!” he pontificated. Now the senior bureaucrats were in touch with me. Every officer has got some work. And “presto” is the word they love when a personal piece of work is involved. Some officers suffer from constant transfer tension. The fear of being smashed around like table tennis balls makes them paranoiac. And there is not dearth of rumow-mongers who keep the transfer mill running. When the august exercise is on, you are subjected to a flurry of frantic telephone calls. Some officers plant their peons outside the DOP. A few are desperate, restless and rush enough to break into the room where the orders are being typed. If the fear of getting a bad posting is formidable, the hope of getting a good one is hypnotic. An officer trying to get a plum posting kept asking me every third day for six months if something was happening. His perseverance paid off. Hopes are not always dupes. I also came across a few bullies. With one grouse or the other. Some of them retirees, suffering from retirement blues. They in a way ordered me to call my babus, as they wanted to reprimand them. The itch to exercise authority doesn’t leave you easily. “Should I speak to the Chief Secretary?” threatened one fresh retiree, without any valid reason. Retirement seems to be such a terrible thing. The sense of insecurity and unimportance tends to stir the seeds of aggression and arrogance within you. In the process, the noble traits of dignity, equanimity, endurance and wisdom expected of the elderly gentlemen get suppressed in some inaccessible parts of your soul. Or else how should some of them try to bamboozle, blackmail and bulldoze you into doing a thing instantly, which, as per rules, either takes some time or is not at all possible. Like obstinate children obsessed with the acquisition of certain toys. Perhaps, retirement begins to push you into that Shakespearean stage of second childhood! In the DOP, there is plenty of work. And you get a steady stream of visitors. Cantankerous, brash and bitter. Malancholy and morose, Waxing eloquent on the puny points of their problems. Attempting to administer adequate dope to veer you to their view points. Surely and sour. Abusing the powers-that-be. Exceptions are there. Some officers, though in microscopic minority, are sensible sedate and sweet! As some of them made mountains of molehills, I became invisible behind the ceiling-rocketing piles of files! With every passing second, my heart would sink. Certain urgent files jostling for instant clearance made me jittery. Deadlines dashing away drove me to despair. Everything in a state of hurry. Ready to move. Except the visitors! Twenty months seemed to tick away like 20 days. So much to do. So much to learn. Great opportunity to probe the working of myriad and mysterious minds. Now I am out. And things seem to be back to square one. The tone of many colleagues has already changed. Out of the DOP, I am again a dope. Some juniors have begun to replace “Sir with Ji,” and a few seniors have relapsed into the good old brusque and business-like bureaucratic mode. My patience comes to my rescue. I understand and enjoy these stylish and shallow shibboleths. I have always taken them in my stride. And so, as I wind up this piece, I find within my soul a spring of smiles! |
PPSC case and the challenge of judicial accountability Almost a month has elapsed since Chief Justice Arun B. Saharya of the Punjab and Haryana High Court, now retired, handed over his inquiry report regarding the involvement of certain sitting Judges in the PPSC scam to the Chief Justice of India on August 26. And even though it is impossible for any individual, however highly placed, to roll back the tide of history in the PPSC scam, or even stem it, it is time to ask: how long more does the Chief Justice of India need to read Justice Saharya’s report and take action upon it? Or do the wheels of justice grind slowly, and grind to a halt, when it comes to the judiciary itself? Besieged by his own colleagues in the High Court for presuming to inquire into their conduct (or the conduct of some of them), and deeply hurt over the campaign being run against him all the way from Chandigarh to Delhi (by those who ought to know better), Justice Saharya took on August 27 — a day after he submitted his report to the Chief Justice of India — the wholly unexpected step of restoring work to the three Judges of the High Court whom he had indicted, and indicted severely, in his report. “I regard you as a person who reads trends accurately,” he told me when I called on him that evening. “Why do you think I did it (restored work to the three Judges)?” “Whatever you might say,” I told Justice Saharya, two and a half hours into the meeting, “the restoration in my opinion is illogical and it will be difficult even for the Bar, what to speak of the common man, to understand your decision the way you have explained it to me.” The time has not yet come to disclose all that Justice Saharya shared with me that evening but, in all fairness to the former Chief Justice, there is ample indication of it in the order that he passed on August 27. “Work was withdrawn from three Hon’ble Judges,” says the order, “pending discreet inquiry into insinuations of their involvement in or getting favours from the former Chairman of the Public Service Commission Ravinder Pal Singh Sidhu, by order dated June 28, 2002. The inquiry has been concluded and I have submitted the report to Hon’ble the Chief Justice of India.” Then, skipping over a paragraph, follow observations pregnant with meaning and bristling with implications and penned, obviously, after much consideration: “Since further course of action regarding conduct of the Judges would fall outside the ambit of my authority and there is no certainty of the time frame and the outcome of any such action, in my opinion continuation of the aforesaid order for withdrawal of work any further would be counter-productive.” Read with this the concluding part of the earlier order of June 28 passed by the Chief Justice: “In larger public interest and to preserve and protect implicit confidence and faith of the people, pending fair and thorough investigation, I have decided to withdraw all administrative and judicial work from the above named three Judges, till further orders. Final report of inquiry is under preparation and the same shall soon be sent to Hon’ble the Chief Justice of India.” Read with it also the crucial fact, unstated in the August 27 order, that the Chief Justice would be retiring just a fortnight away on September 14 and would become thereby, in lawyers’ parlance, functus officio even as his inquiry report became, on its submission to the Chief Justice of India, a fait accompli. Putting everything together, and leaving out things which need not, for the present, be disclosed, it is obvious that though not exactly “helpless” — as The Sunday Express, in a front-page story carried nationwide, put it on September 15 — the Chief Justice made a tactical retreat to ensure a strategic advance. “Retreats of great generals and of armies inured to war”, writes Carl von Clausewitz in his world-famous treatise on war, acclaimed by many as the best treatise on war ever written, “have always resembled the retreat of a wounded lion, and such is, undoubtedly, also the best theory.” Timorous judicial spirits may recoil at the quote but the analogy is neither overdrawn nor entirely rhetorical. As the PPSC scam itself has shown, the battle for judicial accountability is no less exacting and perilous for those who take upon themselves the burden of waging it than any actual battle, though the means of warfare be different, the criticism of weapons being replaced (in the words of Karl Marx) by the weapon of criticism. What is remarkable about the retreat effected by the Chief Justice — a retreat which, Clausewitz notwithstanding, I wish he had chosen not to make (for it is better sometimes to die wounded in battle than to retreat as a wounded lion) — is that, even while making it and restoring work to the indicted Judges, he threw the gauntlet down to the highest judicial officer in the land, the Chief Justice of India. How else can that passage in his August 27 order be construed? “Since further course of action regarding conduct of the Judges would fall outside the ambit of my authority and there is no certainty of the time frame and the outcome of any such action, in my opinion continuation of the .. order for withdrawal of work any further would be counter-productive.” How else can these words, especially the words italicized, be construed except as a challenge to the Chief Justice of India regarding the future course of action? And, with due apologies to Justice B.N. Kirpal, except as an expression of a certain lack of confidence, though not necessarily a lack of faith, in his ability or will to move ahead in the matter? Having withdrawn work from the three Judges on June 28 in the “larger public interest and to preserve and protect the implicit confidence and faith of the people”, Justice Saharya, I am sure, would have continued with this order and not recalled it on the submission of his inquiry report holding them guilty, had the Chief Justice of India shown the same keenness about the PPSC probe in August as he had immediately after his swearing in as CJI on May 6 this year. One does not have to be a Prof Nicholas Mansergh and to wade through twelve volumes of historical documents evidencing “the Transfer of Power” to know that it was the Chief Justice of India himself who not only authorised Justice Saharya (in writing) to conduct a “discreet inquiry” into the Judges’ involvement in the PPSC scam — as indeed has been widely reported already — but also broached the subject with him immediately on his assuming office as the CJI. Those, on the Bench or off it, who question Justice Saharya’s jurisdiction to inquire into the delinquencies of his own colleagues, not only betray plain ignorance of the law on the subject — or, worse still, deliberately turn a Nelson’s eye to the law — but do less than justice to the Chief Justice of India himself, whose decision it was, and not Justice Saharya’s, that such an inquiry be conducted. As one who has, with all his limitations, closely monitored the PPSC scam and contributed, however modestly, to its unravelling, at least in the domain of the judiciary, I would be failing in my duty if I did not compliment the Chief Justice of India for the initiative that he displayed in urging Justice Saharya to probe the matter of the judges’ involvement. For, as now transpires, so close was that involvement that, but for the CJI’s initiative and the remarkably resolute manner in which Justice Saharya proceeded to conduct the probe, the whole scam — and not only the Judges’ part of it — would have been given an indecent burial by Punjab’s Vigilance Bureau, the cover-up of the Judges’ involvement being employed, and employed consciously, as an excuse, and as a tool, for a wholesale cover-up of the entire scam. Precisely for that reason, however, I would be failing in my duty no less if I did not voice my serious concern over what appears to be not only a slackening of interest but a slackening of will as well on the part of the Chief Justice of India, and his colleagues in the Supreme Court, at a time when the situation cries out for action. Appearances can be deceptive, of course, and for once I wish they were, but (as the PPSC scam has repeatedly shown) eternal vigilance is the price of justice no less than that of liberty. |
A hero of 1857
Among the numerous valiant rulers and chiefs who fought against the British power to root out their rule from India in 1857 AD, Rao Tula Ram’s name shines like a star. He was born on December 9, 1825, at Rampura village in Rewari district of Haryana and was the grandson of illustrious Rao Tej Singh. The British had allotted Rao Tej Singh a jagir of 87 villages in Rewari in 1806 AD. in lieu of his services to the British Raj. He had three sons-Rao Puran Singh, Rao Nathu Singh and Rao Jawahar Singh. Rao Puran Singh had a son — Rao Tula Ram. On December 14, 1839, Rao Tula Ram succeeded his father. Rao Tula Ram developed friendly relations with the neighbouring states. He had good terms with the nawabs of
Jhajjar, Pataudi and Dojana. By the end of 1856 Rao Tula Ram had got built a mudfort near his palace in Rampura. He enlisted a small force comprising footmen and cavalry. For strengthening his state, Rao Tula Ram led several attacks on the Mewat area and vanquished several chiefs. The year 1857 A.D. witnessed a mass upsurge against British rule in India. Rao Tula Ram established contacts with Emperor Bahadur Shah of Delhi. On May 16, 1857 he got a royal ‘shuqqa’ from Bahadur Shah in which he was asked to administer Rewari and Mewat, and send details of the revenues collected by him. Consequent upon the revolt by Indian soldiers at Gurgaon, Rao Tula Ram did his best to maintain law and order in the Rewari and Mewat areas. He was against the British because they had reduced chieftans like him to mere jagirdars. So Rao Tula Ram helped the Emperor and rebels in Delhi in such a manner that the Emperor appointed him the king by allocating three parganas of Rewari, Bohra and Shahjahanpur in his favour. After recapturing Delhi, Brigadier Showers’ column marched towards Rewari on October 2, 1857, to attack Rao Tula Ram. The latter realised that a direct battle with the attackers would result in the complete annihilation of his army without any serious loss to the British. So Rao Tula Ram left the fort of Rampura. After settling Rewari, Jhajjar, Dadri, Kanod, Farrukhnagar and Ballabhgarh, Brigadier Showers reached Delhi in the first week of November. Rao Tula Ram went to Malsesar and left his family with his brother, Thakur Dadhe Singh. After leaving the fort of Rampura, the whole force of Rao Tula Ram was wandering aimlessly because it was without any commander and order. Rao Kishan Singh, uncle of Rao Tula Ram, came to Rampura with his younger brother, Rao Ram Lal, and took the command of Rao Tula Ram’s forces. The British authorities got alarmed with these developments. Col. Gerrard with second column was ordered to march towards Rewari on November 10, 1857. Rao Kishan Singh at once left Rewari and reached Narnaul for joining the Indian forces comprising the Jodhpur legion, forces of Jhajjar and Bhattu at Narnaul. A fierce battle was fought. Col. Gerrard was killed. Rao Kishan Singh and Rao Ram Lal were also killed
heroically. The Battle of Narnaul was undoubtedly a hard fought battle of the Indian revolt of 1857. After joining the Jodhpur legion the activities of Rao Tula Ram are shrouded in mystery. Disguised as a ‘Sahukar’, he went to various kings of Rajasthan but none assured him of any concrete help. First he tried to go to Iran and then Russia, but ultimately Rao Tula Ram moved towards Afghanistan. In 1862, Rao Tula Ram met Dost Mohd. Khan, who assured him a settlement with the British after returning from Heart. Unfortunately Dost Mohd. Khan was killed at Heart in 1863 and Sher Ali succeeded him. |
The man who proceeds with a work after knowing it to be highly difficult and who has long views at the commencement enjoys happiness for ever. The man who has presence of mind can proceed with the work as he gets it. Success is doubtful either through fickleness or through difficulty of the work. The man who does not attempt the work even at the proper time is lazy. He can never have success and is ruined with his family. The adventurous man is he who commences a work without knowing the effects — is sure to be unhappy either through the action or its effects. The procrastinating man is he who does little work in much time. He suffers from insignificance of results. One should therefore be far sighted. Work done adventurously may sometimes bear good fruits. Sometimes, even well-considered actions are futile. Yet one should never do anything abruptly, such actions are harmful. Sometimes good comes out of evil actions. And the evil which comes out of a good action is not the source of evils. — The Shukraniti
*** Everyone is the son of his own works. — Spanish proverb
*** No working no eating. — Motto of the Zen Buddhist monasteries
*** Commit thy works unto the Lord, and thy thoughts shall be established. — The Bible
*** Lord how manifold are Thy works! — The Bible
*** There is nothing better than that a man should rejoice in his own works; for that is his portion; for who shall bring him to see what shall be after him. — The Bible
*** A work prospers through endeavours not through vows; the fawn runs into the mouth of the sleeping lion. — Hitopadesha. Introduction |
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