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Friday,
July 25, 2003, Chandigarh, India  
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Advice, not command Pilgrims’ progress |
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Dog
as underdog Strange course of justice A Patna court has provided proof that the judiciary is like a dog that is given a bad name. It is more barked at than barking! The extraordinary case that proved this point has also exploded the myth about lower courts being responsible for delayed justice. Going by the facts of the case, it is clear that if there is a dog as accused, there is a will, and if there is a will, there is a way. Perry Mason may have called it "the case of the dog without a day".
Rethinking
the issue of fees
A splash
in time
Concerns
of the common man are ignored
Are you
jealous?
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Advice, not command IT is not the first time the Supreme Court has expressed itself in favour of a uniform civil code. At least on two occasions in the past, the court had reminded the government of its obligation under Article 44 of the Constitution "to secure for the citizens a uniform civil code throughout the territory of India". They are at best obiter dicta which, as the dictionary defines the term, is "an opinion entirely unnecessary for the decision of the case". That a court would favour a uniform law is only to be expected. However, while upholding the plea of the petitioner that some provisions of the Indian Succession Act violated the principle of equality in the case of Christians, only the Chief Justice, Mr Justice V.N. Khare, chose to make a comment on the desirability of a uniform civil code while the two other judges, Mr Justice S.B. Sinha and Mr Justice A.R. Lakshmanan, who heard the case preferred to keep silent. The court's opinion is more in the nature of an advice than a command. It is for the two other wings of the state - the executive and the legislature - to pick up the thread from where the court has left it. While there can be differences of opinion on the desirability of a uniform civil code, there can be no denying that there is no political consensus on the issue. Even the National Democratic Alliance, which rules the country, is hopelessly divided on this issue. It is in recognition of this stark reality that the BJP, which has been demanding a uniform civil code since its inception, has put it on the backburner. There are religious communities which apprehend that such a code will endanger their distinctiveness and thereby their identity. Of course, many of these apprehensions are unfounded. Also, there is a growing realisation among the members of such communities that the personal laws have only strengthened the obscurantist and orthodox forces, which keep them in thrall. It is the victims of such laws like Shah Bano, who sought alimony from her rich former husband, and Mrs Mary Roy, who demanded a proper share in the property of her father who died intestate, who had made bold to challenge them in a court of law and get verdicts in their favour. The brave battles they fought are a reminder that the personal laws need urgent reforms. Whether a uniform civil code should replace the existing personal laws or the latter should be reformed is a matter on which a consensus has to be evolved. A prerequisite for such a consensus is a vigorous campaign to educate the masses on the advantages of a uniform civil code vis-à-vis personal laws. Once the walls of apprehensions are demolished and the communities are taken into confidence, a political consensus on the issue will not be difficult. The apex court's advice should provide the government the necessary impetus to move in this direction. |
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Pilgrims’ progress THE continuing proxy war in Jammu and Kashmir is aimed at bleeding India of a thousand cuts. It also strives to cause panic in the populace and foment communal trouble. Attacks on civilians are particularly mounted with this sinister motive in mind. But the most ghastly and condemnable are the killings of pilgrims, praying in various temples or headed towards the Amarnath cave or the Vaishnodevi temple. Such cowardly attacks have turned these pious journeys into some kind of a high-risk mission for the religious minded people, with security forces lined up all along the route. It is a tribute to the strength of the pilgrims’ determination that despite such grave risks, the yatras have continued unabated. There is also no appreciable drop in the number of pilgrims either. They have already shown the enemies of humanity their place by standing firm against the ultimate threat. Bombs and bullets are taken in their stride by the pilgrims with the same grit and determination with which they brave the harsh elements of nature. Nor is this the first time that men, women and children engaged in a spiritual pursuit have been mercilessly butchered by misguided men who claim to be doing all this in the name of religion. Such targeting of pilgrims has been going on for many years. Initially, when this trend started, there was fierce reaction against the Muslims because most militants happened to belong to that religion. There were even stray incidents of retaliatory violence. But the public soon saw through the killers’ gameplan. Of late, despite a pointed attempt to cause bad blood, the Hindus have refrained from taking out their anguish on their Muslim brethren. That again is a slap in the face of the devils who quote scriptures to justify their bloody deeds. No religion — least of all Islam — preaches the shedding of blood of innocent people. Anybody who gives such a spin to his religion’s teachings does immense harm to himself and his faith. He may admit it or not, but the unarmed pilgrims have triumphed over him and others of his ilk who want to bolster their hollow arguments through gunpowder. Why, even some Muslims have been undertaking these pilgrimages. That is real Kashmiriyat, that is real
Indianness! |
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Dog as underdog A Patna court has provided proof that the judiciary is like a dog that is given a bad name. It is more barked at than barking! The extraordinary case that proved this point has also exploded the myth about lower courts being responsible for delayed justice. Going by the facts of the case, it is clear that if there is a dog as accused, there is a will, and if there is a will, there is a way. Perry Mason may have called it "the case of the dog without a day". Whatever animal lovers may say — and they will have plenty to say once word about the case reaches the ears of Mrs Maneka Gandhi or a hyper-active People for Ethical Treatment of Animals member — a Patna sub-judicial court has shown remarkable sense of fairplay by placing animals and men in the same scale of justice. If the verdict had gone in favour of man's best friend, the animal lovers would have hailed the SJO as a modern-day Daniel. Unfortunately, officers of justice are trained not to let emotions influence the judicial rulings. Every dog may have his day, but the days of Janaki's pet are numbered. The facts of the present case were clearly loaded against her canine friend. The octogenarian widow had acquired the pet to protect her and keep her company in the evening of her life. The neighbours complained that the canine was biting passers-by and had become a "security risk" for other residents of the mohalla. Men are shot for much less. The judicial officer's hands were tied. He had no choice but to sentence the dog to death. He could have sent Janaki's friend to the local dog pound. But the fair-minded officer of justice evidently did not want to expose the keepers of the pound to avoidable risk. The dog could have bitten the hand that fed him. During the best of times even the most well-trained dogs tend to behave like their masters. In the worst of times, like the present one, the most ferocious dogs behave like their masters and allow themselves to be treated as underdogs. |
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Thought for the day Law is a bottomless pit. — John Arbuthnot |
Rethinking the issue of fees A report of the proceedings of the last meeting of the Senate of Panjab University appeared in the Press a few days ago. According to the report, there was disagreement between the executive head of the university and the members of the Senate in regard to increasing the fees which were to be charged from the students. At the end, the Vice-Chancellor was left with no other choice except to say something to this effect: don’t blame me tomorrow if we are unable to pay the staff salaries! These words might have been uttered in a low tone, but their meaning is far reaching as well as painful. It was an unusual situation. The Vice-Chancellor felt that, without increasing the revenue of the university, it would be difficult to meet all the commitments of the university. But the highest policy-making body of the university was not prepared to consider the issue with the seriousness it deserved. That is one aspect of the situation. The other aspect, as reported in the Press was, that some members of the Senate thought that the fees charged were on the high side and the students would not be able to pay. Not acquainted with the details of what was proposed and what was eventually passed, I am not in a position to express an opinion. But there is one thing that I cannot help mentioning. A couple of years ago, the UGC appointed a committee which was asked to look at the financial situation of the university. A proposal to this effect had been mooted by the Government of Punjab to the Ministry of Human Resource Development, which in turn asked the UGC to undertake this exercise. A committee was appointed and I was asked to head it. It should not be necessary to quote any figures. But I recall this much that what we found, after an exercise spread over three days, made one thing very clear. Panjab University had hardly taken any initiative during recent years to improve its finances whereas expenses were rising and the deficit was increasing. In addition to the Centre, it is the Punjab government which shares the burden of running the university. Since Punjab was feeling the pinch, it had raised the question whether the university was being run in a prudent manner. We found that it was taken for granted that somebody would meet the deficit and no attempt had therefore been made to bridge the gap between the deficit and the revenue. We suggested several things both in regard to economising the expenditure and raising the revenue. On the whole, our recommendations were found to be acceptable. Indeed, the university acted upon most of them and today’s situation is distinctly better than what it was three-four years ago. During that visit there were several occasions to interact with some members of the Senate. They were of the opinion that if the fees were to be raised, the students would find it difficult to pay. When I asked one of them how they were paying even higher fees in the neighbouring universities, there was no answer to this question. The plain fact was that the other universities had been moving with the times and Panjab University had not been doing so. Although I can say that, as a result of our recommendations being implemented to some extent, the situation has improved, it was not set right entirely. Presumably, the latest exercise was calculated to do something of that kind. But it was not found acceptable by the Senate. Speaking for myself, I am bothered by the fact that the Vice-Chancellor, who is the executive head of the university and is responsible for running it properly, did not get the right kind of support from the Senate. This dissonance of approach can be viewed from different points of view. It can be said that the university was being too demanding. It can also be said that there was lack of understanding between the Vice-Chancellor and the Senate. Somebody can even argue that what was proposed was on the higher side than could have been accepted. In plain words, a number of explanations can be given. Unfortunately, none of them faces up to the real problem. The real problem is that university education is being largely patronised by the children of the affluent middle class. They have the capacity to pay and they are doing it not only in the other universities of the state but also in several thousand cases in other parts of the country where they pay amounts as high as a couple of lakhs and even more. In other words, the problem is not the inability to pay, the problem is the unwillingness to pay. Should the Senate be a party to this kind of thinking? In other universities, this lack of willingness has been overcome in a variety of ways. One does not have to go into details. In the case of Panjab University, those who were members of the Senate thought that they were serving their constituency by resisting an increase in the fees. They are doing so, without question. But are they serving the university? I question their loyalty to the institutions. Whoever claims to be loyal to the university and professes to serve it should keep his ears to the ground and take decisions which would be regarded as acceptable. If they are acceptable as soon as one goes outside the bounds of a few districts which are looked after by Panjab University, why are they unacceptable in Chandigarh and elsewhere? There is no logic in talking of something which cannot be defended openly and publicly. At this stage, it may not be out of mention that owing to the good work done both at the academic and administrative levels during the preceding few decades, Panjab University is one of those two or three universities which narrowly missed being identified as an institution with a potential for excellence by the UGC. This distinction can fall into the lap of the university on any one of these days. This would depend upon the UGC getting some additional funding. The truth is that Punjab has one of the better universities in the country. It is not as distinguished as I, an old alumnus, would like it to be. But the misfortune of the university is that when there is dedicated work put in by some of its academic leaders, it is not appreciated and helped as well as it should be. What is required is an extra lift to the university so that within another couple of years it overtakes several other universities. Instead of looking ahead, those who control its destiny choose to concern themselves with issues which are more or less inconsequential. How would the members of the Senate react to this incident? During the days the UGC team was spending time at Chandigarh a couple of years ago, after one meeting, I happened to visit one of the ex-Chief Secretaries of the state. Among other things, we also talked about what our committee was engaged in doing. One of the things that I had suggested to the university then was that, by raising fees, every university deprives a certain percentage of students from being able to get admission. This percentage varies, generally speaking, from 20 to 30. About 20 per cent are helped by the schemes run by the Government of India for SCs/STs and OBC students and about 50 per cent can afford to pay much higher fees than are charged today. That leaves out 20-30 per cent, who are unable to pay and yet have academic potential and deserve to be admitted. Who should look after these students? The gentlemen to whom I was talking entirely agreed with me. He also told me that he had written a letter to the university offering some money but had not even received a reply. I mentioned this fact to the Vice-Chancellor and I take it that something must have happened after I had spoken to him. Whether it happened or not, we in the committee left the university campus with his uncomfortable fact weighing on our mind at that time that the university was not attuned to receiving funds for those who get left out but deserve to be enrolled. In plain words, no one was interested in nor was a system devised for raising funds from the public and the old alumni in particular. Some of these people would be glad to respond. Not everyone, it goes without saying, but a small number would. But the university is not used to asking for help or receiving it. Does this show the right kind of social conscience and an organised approach to things? That was my feeling at that time and I cannot say that it has changed since then. Would some members of the Senate look into this dimension of university functioning also? For them, it may be a small matter. In my opinion, this is a very vital issue. To fix fees at a level which suits the poorest students is to deny that income which the affluent ones are in a position to contribute to the university. In my judgement, they number around 50 per cent of those who are enrolled today. In order to pacify the affluent students and their parents who are able to pay, substantial revenue is being denied to the university. Is that right? Is that fair? Does that help the poor students? They can be helped only by instituting a just system of financial aid. What we are really doing is to starve the university and deprive it of talent as well as enhanced revenue. Unless we rethink these issues, we will remain confused as to what requires to be
done. The writer is a former Vice-Chancellor |
A splash in time TO watch the pitter-patter of rain is always a thrilling experience. Added to this delight, one’s own splashing of water under the feet, in a rhythmic tapping, brings alive the child in him. While enjoying the ensuing monsoon showers in the balcony of my metropolitan flat, my mind goes back to the paddy fields of my village. Men plucked out the sprouted and pithy paddy-straws and wove them into bunches. Women planted them one by one afresh, bending their waists in the kneedeep waters while singing folklore. Children shouted in excitement falling in the muddy water every now and then without a conscious effort to keep standing erect while maintaining the supply of the green bunches. It appeared as if a game was in progress. Village streets too offered fascinating scenes during the rains. Water collected on the rooftops found its way through the nozzle-drains called patrals. There were quite a few of these cascading spouts under which naked children bathed and danced in gay abandon. They walked burying the foot-fingers deep in the slippery mire and muddy muck to maintain balance. A mock-slip evoked boisterous laughter among the bubbly playmates. Small streams flowed in plenty and merged into a bigger one. They looked like tributaries to a river. The sporty children built dams on them. A hole engineered with the finger made the accumulated water gush through, followed by an expression of exuberance. A spoilsport trampled the dam under his foot, causing further flood and ran away making others cry. Next moment he slipped and then it was the turn of the rest to laugh their disgust out at him. With no letup in thunder and incessant drizzle, older men in the chaupals talked about Ramji having gone “mad”. The “units” of rain-measure too were earthy like “six-fingers deep” or “a full-hand”. The only warm place was the hearth in a corner of the chaupal where fire was kept smouldering throughout the day for smoking hookah. Ladies in the households cooked sweet gulgulas, which were the fried-balls of wheat-floor kneaded with jaggery and water. With the same but thicker stuff they prepared suhalis, which could be preserved for weeks to come. Some respite in the downpour, and a woman who owned a jamun tree could be seen hawking the windfall of the fruit, in exchange for grains. The rain-lashed black-berries tasted the sweetest, elders declared. Cows, frightened by the thunder during the day, cut on the yield of milk in the evening while the buffaloes generally enjoyed the rains. The flock of sheep was generally kept yard-bound for if they would be wet, the entire surroundings would smell beyond tolerance. Starved for want of a free-graze in the fields due to rains, the other stray cattle went round the village for food. They were by and large taken care of by the caring villagers. People sent gifts to their married daughters. Sisters longed for the arrival of their brothers at their in-laws’ place. They would sing folk-songs exhorting their parents and invoking the latter’s concern for them. Rakhi, Teej and Janam-Ashtami would just be
around. |
Concerns of the common man are ignored
FORMER Prime Minister Chandra Shekhar, 76, regrets that today’s politics is dictated by capturing power. The two fronts with the BJP and the Congress in the vanguard respectively are not an alternative to each other. A third force is possible only if the people rise unitedly as it happened after the Emergency in 1977. He warns that if the current drift continues and the concerns of the common man are pushed into oblivion, it is a sure recipe for disaster. Excerpts from the interview: On the general political environment. In my opinion the coming assembly elections and next year’s general election are not going to make any difference in the present situation. If the situation remains as it is today, then things will worsen and put the country on the verge of disintegration. I am not painting a pessimistic picture. All the political parties which count in the political sphere have nothing to do with the problems of the people. Their only aim is to capture power and serve their own ends. I have no other words to explain the present situation. Be it the assemblies or Parliament, there is no discussion on the issues that concern the common man. The Prime Minister talks of providing 10 million jobs annually but the army of the unemployed is increasing everyday. The younger generation is being led to frustration and despair. The situation is alarming. The government wants to reduce 10 per cent of the employees to shore up the finances. On the other hand, 89 per cent of the Budget is spent on meeting loan obligations. There is only 11 per cent for development work. And in the next 5-10 years, there will be nothing left for development. Even if all the developed countries try to help India, they can’t prevent a crisis developing in the near future. Agriculture, which was the mainstay of the economy, has been the worst sufferer in the last five decades. It is not that agriculture production has come down but the pace of population growth and agricultural production does not present a very rosy picture. Farmers producing cash crops are frustrated. I see many reports from Punjab, Maharashtra and Andhra Pradesh where farmers are committing suicide. These farmers have taken loans for agricultural production and find they are not able to repay. Under the circumstances they see no option but to end their life to preserve their honour. For many years the government has done nothing to increase irrigation facilities, leading to more private tubewells. This has resulted in the ground water levels going down everyday. The water problem is a deepening crisis in the country. In 1983 when I undertook a padyatra from Kanyakumari to Delhi, I had warned that the worst problem facing the country was drinking water. Many newspapers had articles dismissing it as a frivolous matter. The drinking water has become a commercial commodity. Three decades back it used to be a crime to sell water. I am told some of the city corporations are handing over water resources to multinationals. On the security scenario.
On the Ayodhya tangle.The hope raised by the efforts of a religious leader to settle the issue by July 6 has been dashed. Now it is July 24 and the situation has become worse. The ultimate verdict of the Kanchi Seer was nothing but a pure and simple expression of the government’s views. The problem has arisen from treating everybody on unequal terms and tilting towards the majority community. I have nothing more to say on it. There is no other option but to meet the urges and aspirations of the minorities which have been ignored. On shifts in foreign policy.Top functionaries of the government are going to different countries and asserting that everything is in favour of India. The recent example is the China visit by Mr Vajpayee. It was said that China has accepted Sikkim as part of India even as we accepted China’s claim on Tibet. Within 12 hours, the Chinese (foreign office) spokesman said it is true that India has accepted Tibet as a part of that country. However, on Sikkim the spokesman said that a lot more needs to be discussed. I don’t know how successful was Mr Vajpayee’s visit to China. There was no mention of Arunachal Pradesh. Then it is claimed that the US has adopted a tough line against Pakistan’s cross-border terrorism and infiltration has come down. All kinds of contradictory statements are being made by the Prime Minister, the Deputy Prime Minister and the Defence Minister. On Indo-Pak relations and the Prime Minister’s fresh initiative of extending hand of friendship.The situation is the worst on the Kashmir front. The only good thing is that nobody wants confrontation between India and Pakistan which can be a leverage to postpone the crisis. Three SAARC meetings were postponed because the government said that it will not talk to a military dictator. At the same time we were the first to recognise Gen Pervez Musharraf as the President of Pakistan even before the Supreme Court of Pakistan accorded recognition under duress. No country facing a conflict situation should say that we would not talk. At the same time we should be clear in defending our borders. What is cross-border terrorism? Is it the responsibility of Gen Musharraf to safeguard our interests? We had ten lakh jawans on the border and many of them died due to tension and diseases. Is this the way to run the country? Was cross-border terrorism over when the Army was withdrawn from the border? On the possibility
of third force. There are two fronts which are not an alternative
to each other. They are both going to perpetrate the same policies. Most
of the policies in the last 10-12 years have been dictated by certain
powerful countries of the world. A third force, given the present
leadership, is an impossibility. However, if the disillusioned people
rise unitedly, a third force can be formed as it happened in 1977.
Though the Janata Party did not succeed, it made a great impact. The
peoples’ intuitive reaction brought this nation on the path of
democracy. |
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Are you jealous? I have always — perhaps recklessly — prided myself on having a strong and harmonious marriage. Which is why I was nonplussed the other day when a friend intimated that because my husband and I aren’t jealous of each other, perhaps our relationship isn’t as strong and harmonious as I’d assumed. How could I have dinner with a male friend and he not be a little jealous? How could I not be threatened when a woman finds him attractive? But I don’t. We don’t. As far as my friend is concerned, this absence of jealousy is a signal that my husband and I don’t feel passionately about each other. Not as passionately as those who put limits and restraints on their partners do, anyway. I have told her it was a matter of trust. I have told her we are not afraid of each other having intimate friendships with anyone, even with members of the opposite sex. I have told her we do not feel we have ownership of each other, or the right to dictate who we can or cannot be friends with. While being extremely close, we allow each other to be more than just half of a whole. But she doesn’t buy it. Jealousy among married couples is commonplace. Some couples don’t even like their partner to have a good time if they are not there with them: it undermines their sense of security. There are wives who do not like to see their husband chatting enthusiastically to a woman, and husbands who worry if their wife works closely alongside a male colleague. Plenty of people prefer to keep their partner on a leash, monitor their every move. But I have always believed that the tighter the leash, the greater the tendency toward infidelity. It presupposes that there must be something to be jealous of, that with freedom comes danger. By restraining a person’s individuality, you make them eager to break out. In 1947, Boris Sokoloff wrote in Jealousy — A Psychological Study: ‘Jealousy is not only inbred in human nature, but it is the most basic, all-pervasive emotion which touches man in all aspects of every human relationship.’ And it seems that it isn’t limited to the early, vulnerable stages of relationships. Happy, loyal, loving couples in very long-term relationships suffer, too. In an evolutionary sense, a man feels jealous because a woman’s sexual infidelity jeopardises his confidence that he is the genetic father of her children. If a deceived man invests decades of care, love and resources in another man’s children, all his efforts in selecting and attracting his partner will have been wasted. On the other hand, while women can be certain they are the mothers of their children, jealousy erupts at the fear of losing a partner’s protection and commitment. Perhaps because of this, most women find a single lapse in fidelity without emotional involvement easier to forgive than the nightmare of another woman monopolising their partner’s tenderness, time and affection. Men are not quite so tolerant. A recent study from Yale University supports and reiterates the views of many similar studies — that while men are indiscriminately jealous about their mate’s sexual misdemeanours, women object to their lover’s close friendships with other women more than they would a brief sexual affair. In The Dangerous Passion, David Buss, author and professor of psychology at the University of Texas, describes jealousy as an evolved solution to a recurrent problem of survival or reproduction.
— The Guardian |
The singing of God’s praise in which my soul bathes constantly, is for me a pilgrimage to Benares and washing in the Ganges. For true bathing consists in the constant cherishing of one’s love for God. If a man goes to bathe at a place of pilgrimage with the mind of a crook and the body of a thief, his exterior will of
course be washed by bathing but his interior will become sullied twice over. He will be cleaned from without like a gourd, but he will be cherishing pure poison within. The saints are good even without such ablution. The thief remains a thief even if he bathes thus at places of pilgrimage. |
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