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Monday,
July 21, 2003, Chandigarh, India  
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Blair in deep trouble “Hurried cremation” Panchayats can run schools |
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Dynasties of the subcontinent
The future is safe!
Lokpal to restore faith in democracy
CHECK OUT—a consumer rights column by Pushpa Girimaji
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Blair in deep trouble The death of British Defence Ministry scientific adviser David Kelly under mysterious circumstances is likely to add to Prime Minister Tony Blair’s woes over the Iraq war. Dr Kelly is believed to have committed suicide after he was ill-treated by his ministry. He was suspected of helping the BBC for a report about how Mr Blair’s office had ignored intelligence advice and misled the British nation by saying that the ousted Saddam Hussein regime could be ready with chemical or biological weapons in 45 minutes. Mr Blair used the unsubstantiated information to build his case that the Iraqi government must be eliminated militarily in the interest of peace. But so far both British and American experts have failed to find any proof of the existence of the feared weapons of mass destruction. Taking one’s country to war is a very serious matter. Despite his assertions that he was right in what he did, very few Britons believe that Mr Blair acted on correct information. The latest opinion survey has it that over two-thirds of the Britons think that their Prime Minister misled them on the Iraq war issue. They accuse him of having lied to the nation. He finds caught in the mess of his own making. It has dented his image, and many a Briton would like him to say goodbye to 10 Downing Street. After the famous BBC expose, the second major factor which pushed down Mr Blair’s popularity graph was the statement of former UN chief weapons inspector Hans Blix that the British Prime Minister committed a “fundamental mistake” on the question of WMDs. Mr Blix falsified Mr Blair’s claim by pointing out that “a weapon is also about a means of delivery. It seems to me highly unlikely that there were any means of delivering biological or chemical weapons within 45 minutes.” It is surprising for experts like Mr Blix how Mr Blair or his advisers made the calculation to give the figure “45 minutes”. One possibility is that he might have been convinced that once the war was over, though fought in violation of the world opinion, no questions would be asked. Victory in a war does have an intoxicating effect on the winner, but Iraq’s case was entirely different. Most people all over the world, including a large number of Britons and Americans, were against the war. They were convinced that the Saddam regime could be effectively tackled through means other than war. Yet Mr Blair stuck to his guns. In his keenness to help his friend across the Atlantic, he seems to have forgotten that he may have one day to account for pushing his country into war without reason. |
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“Hurried cremation” The hurried cremation of Kashmiri singer Ghulam Nabi Sheikh by two railway police personnel at Mukerian is not an isolated case. Rather, it is illustrative of the callous and controversial style of functioning of the police. The body of the programme executive with Prasar Bharati in Kashmir was found on the railway track near Mukerian on July 14. From available reports it seems that he fell from a compartment of Shalimar Express on July 13 night when he was on the way to Delhi with his daughter and a family friend. He is believed to have left the compartment to smoke a cigarette near the cabin door — but never to return. Since most of the passengers were asleep at that time, his absence was not noticed for several hours. Whether he fell from the train accidentally or was pushed out by someone is yet to be ascertained. What is a fact is that his body was disposed of by railway policemen in less than 10 hours of its discovery on the railway track following a post-mortem at the local civil hospital. This was in gross violation of the established procedure that an unidentified body has to be preserved for at least 24 hours for its suitable identification. What was the tearing hurry to cremate it, especially when a mortuary was available at Mukerian? The lament of the family members of the late singer, who identified him from a photograph and his clothes a day after he was cremated, is fully justified. His cremation was against his religious customs. The policemen’s defence that the post-mortem report gave no indication that he was a Muslim is vague and unconvincing. Two of them, including an ASI, have been placed under suspension. But the larger question remains unanswered: why does the police behave in such a way, throwing laws and human decency to the winds? There have been many instances in the past when the police has helped criminals get away scot-free by destroying evidence. There is no dearth of incidents where the police itself was hand in glove with the criminals. Many an accused has died in police custody also. This tendency must be curbed effectively. Memories of the days when policemen themselves killed and disposed of suspects as part of the anti-terrorism drive are too recent to be fully forgotten. Nothing should be done to revive the revulsion that those inhuman acts caused. The inquiry ordered by the Punjab Chief Minister into Sheikh’s death should be completed early and necessary follow up action taken. |
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Panchayats can run schools Punjab Chief Minister Amarinder Singh’s proposal to transfer primary education to panchayats is a commendable decision which can give more powers and responsibility to panchayats. There is no denying the fact that panchayats, if they have enough money, can play a pivotal role in improving primary education. But given the present state of affairs in Punjab’s schools, especially in the villages, it is doubtful whether the panchayats would be able to rejuvenate them. Most of them do not have teachers and basic infrastructure facilities. And Punjab is not the only exception. Almost all the states are facing the same problem. It is a pity that crores of children continue to remain illiterate despite various programmes launched by the Centre and the states. The Centre’s District Primary Education Programme (DPEP), launched in 1993-94 with World Bank assistance, is yet to show significant results. The Kothari Commission’s recommendation for spending 6 per cent of the national budget on education has never been implemented. Even the meagre funds that the states provide for this sector go for footing the teachers’ salaries and the school buildings. As a result, little is left in the kitty for expanding education in the country. There seems to be no motivation to attract students and check the drop-out rate. Poverty, malnutrition, gender inequity, social apathy and related factors are at the root of poor enrolment in the primary schools. Where are the funds meant for these schools going in these states? It is expected of Punjab and other states to entrust panchayats with running primary schools, but this should not absolve the Centre and the state governments of their role in pushing education expansion plans. The Centre’s Sarva Shiksha Abhiyan merits a fair trial, but the campaign for compulsory enrolment of children in schools will not succeed if efforts are not intensified to attract those living in slums and remote villages. It is here that both the state and the panchayats can play a pivotal role. Many teachers in the villages reportedly do not attend schools because of their political connections. The problem will have to be handled by the panchayats. The need of the hour is to motivate parents to send their children to schools. The local effort is helpful but the states will have to lend a helping hand instead of ministerial sermons about the importance of education. |
Dynasties of the subcontinent India and other South Asian countries are much given to breast-beating. All is always for the worst in the worst of possible worlds. It’s not that the grass is greener on the other side of the fence, there is no grass this side. So, it’s not surprising that Inder Malhotra in his just published book* on dynasties acknowledges “the high-decibel condemnation of dynastic dispensation”. He criticises “the yawning gap between the words and the deeds of the chattering classes”, whose lamentation about dynasties is loudest. His remedy is simple, put your money where your mouth is, or practice what you preach. If the chattering classes promote their own children what right have they to complain when politicians do the same? Inder also quotes other physicians who diagnose dynasties as a symptom of a deeper malaise. There is the “mistaken modernity” of the sociologist Dipanker Gupta. He argues that modernity is only “skin deep”. Below that surface there is an India which does not accept what he calls “modern values”, such as “equality before the law, respect for the right of others, and due deference to the institutions that underpin democracy”. Another physician Inder quotes is B.K. Nehru. Apparently, B.K. Nehru, the young recruit to the Indian Civil Service, or the ICS, returned from his induction course in England to be told by that leading citizen of Punjab, Malik Sir Umar Hayat Khan Tiwana, that it was not his primary duty as a civil servant to enforce equality before the law. The Punjabi patriarch said, “a ruler who cannot help his family and friends and harm his enemies is no good at all.” Sixtythree years later, almost all of which had been spent in government service of one sort or another, B.K. Nehru told Inder. “It has become apparent to me that the Nawab was no freak at all. He represented the attitudes and values and expectations of the common man. It is the same common man who is ruling us today.” Then there is Andre Beteille who stresses the strength of family ties in India and the obligations which go with them. The sociologist told Inder “the burden of family obligations in the West was never even remotely comparable to their grinding deadweight in India.” So, the suggestion goes, it is the customary duty of a politician to create a dynasty, and Indians would be surprised if they did not. But need Indians and other South Asians beat their breasts so hard over their penchant for dynastic rulers? Inder himself points out that there have been and still are dynasties in other countries. America, which claims the right to educate the rest of the world in democracy, had the Kennedys and Roosevelts, and now has George Bush junior and might well have his brother later. Is it because the middle classes are “mired in a Feudalistic ethos” as Dipanker Gupta suggests that Indian families look after their interests? I know from my regular visits to Britain that wherever possible people look after number one first and then their own relatives and friends. If Britons really have a deep-seated respect for equality before the law why is private education flourishing? It is a form of nepotism, giving rich parents ensuring unequal opportunities for their children in the rat race life the West has become. If respect for the law is so deeply ingrained in America how is it that Enron is only one among many corporate scandals? Part, at least, of the truth is that there is less nepotism, less sifarish, in countries like America and Britain because the institutions designed to curb them function better. Dipanker Gupta might argue that because the people are truly modern and want them to function better whereas Indians like malfunctioning institutions. But if that is so why is corruption so disliked, why is the bureaucracy so despised by those who are well below this skin-deep modernity? It may well be that Indians are overburdened with family responsibilities, but is there nothing to praise in values which produce some measure of social security and considerable self-sacrifice? If Indians are so wedded to dynasties surely all parties should be dynastic. Inder Malhotra points out that the BJP is not, nor are the communists, nor is every party which could loosely be described as a member of the warring Janata family. At least one of the politicians who Inder alleges tried to found a dynasty did not, in my view. Morarji Desai’s son was an influence-peddler, not an heir apparent. Had Morarji intended to found a dynasty would he have retired quietly to Bombay, never to return to Delhi when he was ousted? Surely, he would have fought on, as heads of dynasties have done when faced with setbacks. On the positive side Inder does quote D.L. Sheth, the former Director of Delhi’s Centre for Development Studies, who sees a positive role for dynasties, the role of “enabling countries to go through the difficult transition from colonial rule to democracy.” That may well be true because one purpose dynasties have served is providing some stability in the party system. Inder quotes the case of Bangladesh where two formidable ladies have produced a two-party system. In India, it is abundantly clear that Sonia Gandhi has one major achievement to her credit, holding the Congress party, still the only national party, together. But sadly the Bhutto dynasty has not succeeded in making the transition to democracy in Pakistan. There again it is not the fault of Pakistanis but of their institutions, and in particular their army. The conclusion Inder reaches is “political dynasties far from disappearing would continue to be around whether one likes them or not”. I may like them more than he does. I may not feel that South Asians should feel as bad about them as he does, but I cannot deny that he makes a cogent case. The basic difference between us is that he believes dynasties endure because people appear to want them. Of course, it is true that dynasties do have a popular following. The Congress party still hopes it will be wafted to power on a wave of affection for the Nehru-Gandhi family, although according to Inder the popularity of that dynasty “looks like declining”. But, I believe, it’s not so much the popular will, nor some inherent fault in Indians or other South Asians which nurtures dynasties. The weak institutions of democracy are the main culprit, if that is the right word. They allow political families to misuse power, to monopolise patronage, and to accumulate the wealth which Inder points out is essential for political survival. So, my remedy would be less breast-beating and more institution-building. n Dynasties of India and Beyond by Inder Malhotra; Harper Collins Publishers India; Price Rs 495 Mark Tully, a former BBC correspondent based in New Delhi, has been extensively commenting on developments in South Asia |
The future is safe! “I welcome you all to this historic brain-storming session”, began the chairman of the Residents Welfare Association. He preferred to sit and talk because of the pain in his ankles. “But sir,” a hand rose, “storms blow away and destroy things, why call this brain-storming? When we leave this hall, we shall be without brains!” There was tense silence. Then the chairman spoke in grave tones: “We considered words like chintan, vichar manthan, shivir, etc. Unfortunately, since the BJP and the Congress-wallahs held such session recently, these terms have acquired political hues. So we thought an English term would be more comfortable — say, just like sorry, thank you, secular...” Many in the conclave, however, knew that the chairman had very little knowledge of Hindi — in fact his Hindi speeches were written in roman script from which he read out painstakingly. “Why not,” an aging academic suggested, “brain-fanning!” “No,” answered the chairman, “it sounds like fanning dying fires or sweating bodies.” “How about brain-churning?” “Gosh,” screamed a matronly figure, “too close to stomach-churning.” From the corner of the hall came a guffaw, from a podgy scribe who considered himself frank and born-funny, “suitable would be brain-cleaning or brain-growing, ha! ha!” “Enough, enough,” bellowed the chairman, “there should be discipline.” “Of course, of course,” mumbled many members, “you are our undisputed leader.” “Thank you, thank you,” smiled the chairman benignly, “but remember that our deputy chairman too is an undisputed leader. No rivalry between us. We should also see that leadership is not made an issue by the Press people. Keep them far from our locality.” Then the business began with the chairman’s remarks “we must work for a vision for our locality, for the town and indeed for the whole state. A vision of Krishna, Christ and Karim. With inspiration from Buddha the great, Alexander the enlightened. From the song of the birds and the flow of mountain streams.... Watch those snowy peaks and....” Someone pulled at his sleeve gently, as usual, to bring him back. He was fond of writing what he called poetry and enjoyed inflicting it on others. “What about these open drains, mosquitoes, pigs...” wailed an elderly woman. “They are not part of our grand vision. Keep them out,” said the deputy firmly. Others nodded. Slowly a consensus emerged: Think big, act big. A grand vision was what the locality needed. A committee will work out a fifty-year plan for regularising water-supply. Its time-bound report will be presented to the association in 10 years — not a day, even an hour later! “Meanwhile?” asked a resident whose family ate in disposable plates and bathed once in three days. “Show the world we are capable of great sacrifices. We shall participate in the global movement for conserving water. Hawans will be performed for pleasing rain-gods....” After sweets and soft drinks, the leaders moved out for a bus-ride to different religious shrines in the locality. This and this alone would be sufficient to sort out problems like communal and other problems. The residents lived happily, ever
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Lokpal to restore faith in democracy With the the establishment of a welfare state in India after Independence and expansion of the role of the government, vast powers came into the hands of functionaries of the administration. Enormous power, a huge and complex administrative apparatus, cumbersome rules and regulations, inadequate and ineffective action against corrupt officials, tortuous and costly judicial procedures and absence of an impartial and effective machinery for providing redress to the citizen’s grievances have resulted in a chasm between the administered and the administrator. Maladministration, arbitrariness, delay, nepotism and corruption are rampant in all spheres of the Indian administration. To keep the administration in check, measures available under the Constitution have proved to be inadequate. To supplement the Constitutional measures available, the necessity of setting up an agency which is close to the common man as well as effective and impartial found expression in the institution of Ombudsman. The Lokpal/Lokayukta is the Indian nomenclature of the more illustrious Swedish Ombudsman, which means an officer appointed by the legislature to handle complaints against administrative and judicial actions. The first Lokpal and Lokayukta Bill was introduced in the Lok Sabha in May, 1968. But it could not get through the Rajya Sabha as the fourth Lok Sabha was dissolved. Though the Bill has been reintroduced a number of times in Parliament, due to various reasons, the institution of Lokpal has not been instituted at the Central level so far. The present government intends to pass the Bill in the forthcoming monsoon session of Parliament. The Bill, which had been referred to the Standing Committee of Home Affairs, recommended the inclusion of the office of Prime Minister within the ambit of the Lokpal Bill. This has been approved by the Cabinet. This way recently announced by the Parliamentary Affairs Minister, Mrs Sushma Swaraj. As regards the inclusion of Prime Minister within the ambit of the Lokpal Bill, this issue has come up time and again. It has to be remembered that the Prime Minister holds a pivotal position in the Indian administration. Holding the numerous strings of the Indian administration, he has to devote a lot of time to complex and multifarious socio-economic and political problems of the country. In this respect, much dynamism and initiative is expected of him. Much of his valuable time would be wasted if he is put in the dock time and again even for trival acts of omission and commission. Hence, it would be very necessary to specify the conditions and acts of the Prime Minister which would be brought within the purview of the Lokpal. The need for a strong Centre is paramount to safeguard the nation’s sovereignty from both external and internal dangers. The Prime Minister has to be a strong and firm person and not a subdued person fearing to be chided by the father-figure Lokpal time and again. Instances are not lacking when the Prime Minister, his associates and even his office staff have been accused of indulging in unlawful and corrupt practices, thus bringing disgrace to the name of the Prime Minister, who was not even aware that his name was being misused by vested interests. Hence, there is the need to make enough provision to enable the Lokpal to seek necessary clarifications in respect of civil servants and ministers who act on the verbal or written orders of the Prime Minister. As is evident, the main target of investigation of the Lokpal is the political executive. The Lokpal would no doubt be opening the Pandora’s box. The institution of Lokpal will be used for mudslinging too. In an era of scams and corruption and hunger for power, the political executive is in a very delicate situation. He has vast executive power and public money. He is like the fish in water which is not allowed a gulp a sinful of water, while remaining in water it has to restrain itself, so it is with the political executive. It is in such a situation, the political executive needs to be of impeachable character, high moral standards and not be swept away by the notes’ and votes’ politics. Only then, will he be able to uphold the dignity of the high office of Prime Minister. At the same time, it has to be ensured that the Lokpal would be a man with proven integrity, who is an impartial and fearless person and who would not give in to direct or indirect pressure while investigating the cases of the political executive. The Lokpal can act as a watchdog against corruption and injustice and it is hoped that the institution would reimpose the confidence of the people in the functioning of the country’s democratic system. It is also hoped that the Lokpal experiment at the central level would be different from that of the unsatisfactory functioning of the Lokayuktas in the various States. If the working of the Lokayuktas in the States is any indication foretelling the fate of the Lokpal at the central level, adequate and effective provisions need to be made in the very beginning itself. Provisions like keeping the proceedings and reports open to the public, an independent investigating machinery, and a good public relations system are needed. Last, but the most important need is for an enlightened and value-based citizenry for making the working of the institution of Lokpal a success. The Lokpal is meant for the common man, who is the most important element of the democratic system and has a stake in its stability and existence. If the system becomes autocratic, oppressive and arbitrary, it is for the common man to rise against it. The Lokpal in this regard comes forward to the frontline to restore the faith of the people in democracy. — The writer is a lecturer in public administration at Government College, Shimla. |
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CHECK OUT—a consumer rights column by Pushpa Girimaji “Prices slashed by 50 per cent” says an advertisement. However, if you happen to look at the fine print at the bottom of the advertisement, it will say “on select goods only”. If you think that this kind of a practice is restricted to advertisements announcing discount sales, you are mistaken. In the recent past, one has seen mobile phone operators using such tactics to mislead consumers about the call charges. Manufacturers too are known to clarify in small print, the tall claims that they make in bold letters. Well, a recent order of the National Consumer Disputes Redressal Commission could well put an end to such advertisements. In its order in the case of M.R.Ramesh vs Prakash Moped House and Others( RP No 831 of 2001) the apex consumer court has warned against advertisements that hide, using fine print, crucial information pertaining to products and services, thereby misleading the consumer. And by awarding a compensation of Rs 25,000 to the consumer, the National Commission has made it clear that it will not take such violations of consumers’ right to information lightly. It’s advice to manufacturers and service providers is: “advertisements should not mislead and should give a clear picture of the quality of the goods sold”. This case pertains to a motorbike — Hero Honda CD-100 — that Mr M.R. Ramesh bought in February, 1993. His contention was that at the time of purchase, he was assured that the bike would run 80 km on a litre of petrol. However, the bike gave 22 km less than what was promised. He brought before the National Commission, New Delhi, a newspaper advertisement published in October, 1993, wherein the manufacturer had made such a claim about the mileage of the motorcycle. The manufacturer, on the other hand, brought on record advertisements issued during the period which carried an asterisk on the numerical figure of 80 and at the foot of the advertisement in small print, said “at 40 kmph/130 kg”, thereby qualifying the claim. The National Commission made two important observations here: (1) that there was no explanation from the manufacturer as to how the advertisement shown by the consumer did not carry any such qualifying statement. (2) Even advertisements that specified at the bottom in fine print, “40kmph/130 kg” or “under standard conditions” were not intelligible to the consumer and were therefore deceptive. Said the Commission: “Such an advertisement as put out by the respondents is misleading. It amounts to an unfair trade practice. When the respondents claimed that motor cycle can give mileage of 80 km per litre, they cannot just be absolved of their responsibility not to clearly indicate that this would be so when the motor cycle is driven at a speed of 40 km per hour and the load would be 130kg. Simply by putting an asterisk and then indicating such condition in small print at the bottom of the advertisement is certainly deceptive. Moreover, when it is stated that this mileage can be obtained at a particular speed and load under “standard conditions”, then those standard conditions must be indicated so that the consumer is duly informed of the bargain he is in it. Rather in our view any such advertisement should take into account the conditions of the roads in the cities”. It directed the manufacturer not to make such a claim in future without stating clearly, intelligibly and “in the same type of letters”, the basis for the claim. Sometimes the persistence and perseverance of an individual can pay rich dividends for others too. In this case for example, Mr Ramesh’s complaint was dismissed by the District Forum as well as the Karantaka State Commission. Undaunted, the consumer filed a revision petition before the National Commission. And now the commission’s observations in this case will apply to all advertisements issued by manufacturers and service providers. This order of the apex consumer court is important from another point of view too. For almost two decades the Monopolies and Restrictive Trade Practices Commission acted as a watch dog of consumer interest, pursued those whose advertisements misled and passed ‘cease and desist’ orders against them. Now that the MRTPC is to be wound up and all cases of unfair trade practices to be passed on to the consumer courts, these forums in general and the National Commission in particular, have to play a far greater role in tackling such cases. This Order is a beginning in that direction. Having said, I must point out that even though the Consumer Protection Act gives the consumer courts the power to adjudicate on complaints of false and misleading advertisements (unfair trade practice), issue interim orders and even direct the opposite party to issue corrective advertisements, it does not give the forums the power to investigate such advertisements on their own. Nor do they have a separate office and staff to investigate into unfair trade practices, like the MRTPC. The Union Government should therefore now equip at least the National Commission with all the additional powers and facilities that the MRTPC enjoyed so that it can deal with false and misleading advertisements effectively and quickly. The present case, for example, deals with an advertisement that is 10 years old! |
Our pains and pleasures are in accordance with God’s will. Basant, 1188 Everyone craves happiness, no one asks for misery. Siri, 57 Poise is attained by piercing the heart through with the love of the Word and by regarding pain and pleasure alike. Siri, 57 Arms that do not surround the neck of the spouse, burn in anguish. Wadhans,
558 I love my Lord body and soul, but He has left for foreign lands. He is not coming home and I am pining. The lightning flashes and terrifies me. My bed is lonely and I feel great misery, so much so that I feel I am dying of it., Mother! Without Him, I feel neither sleepy, nor hungry. I cannot suffer even my clothes upon me. Guru Nanak, Tukhari, 1108 He who loves to see God, does not care for salvation or paradise. Asa, 360. The accumulated effect of past deeds cannot be removed (except through God’s grace). Basant, 1171 |
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