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Modi must
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Fair to women
Lesson
from Lankan crisis
From the
court of “Bhay-Janita”!
Relationship
with Pak itself is the core issue, says Foreign Secretary-designate
Shashank Consumer
rights
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Modi must learn IT had been proved during the riots that followed the Godhra carnage that the Modi government could be stone deaf to the entreaties of all right-thinking people to rein in the perpetrators of the heinous crimes. He has since proved that he can be oblivious of the warnings of the Supreme Court as well. When the apex court took him to task for the callous handling of trials in the riot cases, it was believed that a chastened Chief Minister Narendra Modi would at least then take some corrective measures. But he has proved all sensible expectations wrong, provoking the Supreme Court to lash out at him for showing no change in his way of functioning. It has not only stayed the trial in 10 important cases relating to the killing of hundreds of innocent people in the riots but has also threatened to transfer all these cases outside Gujarat. It is rare for the Supreme Court to issue a reprimand in such harsh words. Mr Modi fully deserves the admonition. The state of affairs is obvious from the Gulbarg case alone where the Public Prosecutor himself was an accused in the chargesheet filed on the death of nine persons during the riots. When a hue and cry was raised, he conveniently appointed his junior as the Public Prosecutor. And to think that this is not an isolated case! What the court has said is in itself a severe indictment. The embarrassment for Mr Modi will increase manifold if the cases are actually shifted outside Gujarat. That will not only derail his well thought-out plan to pretend to be a prosecutor and clandestinely act like a defendant of the criminals, but will also destroy whatever is left of his credibility. The reputation of the state government could not be at lower ebb. It is high time Mr Modi read the writing on the wall and retrieved the situation. What he must realise is that he is doing great harm not only to himself but also to his state by presenting it as a lawless, dangerous area where he and his government do not know their “Raj Dharma”. |
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A step forward THE message from the grand mosque in Srinagar on the last Friday of Ramzan was clear — the All Party Hurriyat Conference wants to hold talks with the Centre. The spontaneity with which the mass of faithful responded to the announcement was quite revealing. The people are weary of violence and they want peace to be restored to the Valley at the earliest. Their resolve to hold talks with a view to finding a solution to the Kashmir problem is the best news that has emanated from Srinagar since the elections held a year ago. These developments are a sign that the hawkish Syed Ali Shah Geelani faction has been isolated and the majority opinion in the Hurriyat supports talks with the political leadership in the country. This bodes well. Given the vexed nature of the problem, both the Central Government and the Hurriyat leadership will have to be really accommodative to make the talks a success. Deputy Prime Minister L.K. Advani’s offer to hold talks follows from Prime Minister A.B. Vajpayee’s promise made during the Jammu and Kashmir elections last year that the government was ready to hold direct talks with the people. Mr Advani will have the benefit of the spadework done by the Centre’s interlocutor, Mr N.N. Vohra, who has been exploring the views of most of the Kashmiri leaders of various shades of opinion. The Hurriyat has for reasons known to its leaders attached some conditions to their acceptance of the Centre’s offer of dialogue but these are unlikely to create hurdles for the talks. The Hurriyat decision denotes a turnaround in the ground situation in the state. There is growing realisation among the people that violence does not pay. The Kashmiris believe that sooner the problem is solved through talks, the better it will be for them and the state which has been at the receiving end of terrorism, sponsored and promoted from across the border, for far too long. |
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Fair to women THE Punjab Council of Ministers took two important decisions last week which concern women property owners and non-resident Indians. The government has exempted the transfer of property and farm land owned by a woman to her legal heirs during her lifetime from the payment of stamp duty. This concession is already available to men. That it has taken the government so long to remove the discriminatory clause is surprising. If the transfer is within the family, why should the state government demand payment of stamp duty, specially when no actual sale takes place? Property disputes often lead to unnecessary litigation largely because of ambiguous and irrational procedures open to manipulation by revenue officials. The courts can be spared much of unnecessary work and the litigants much of harassment arising out of property disputes if the records of ownership are made foolproof and computerised. The cost of transactions needs to be lowered by rationalising the stamp duty and simplifying the procedures for the transfer of property. The second decision allows the appointment of an NRI honorary headman or sarpanch if a village has 20 or more families of non-resident Indians. It is not clear how a headman residing in India can be called an NRI. If he is settled abroad and only visits his village occasionally, how can he guard the interests of other NRI families? NRIs usually demand protection for their property, which their relatives, in connivance with the sarpanch and revenue officials, try to grab and dispose of. If the aim is to ensure supervision of NRI investments in village projects, it is not clear how an NRI head can be more effective than the usual sarpanch. The presence of two sarpanches in a village may create confusion. The existing administrative machinery needs to be geared up to remove the hurdles NRIs face back home. |
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Thought for the day Man must be invented each day. — Jean-Paul Sartre |
Lesson from Lankan crisis INDIA cannot but be dismayed at the recent dramatic turn of events in Sri Lanka. Apart from geographical proximity and the demands of regional stability, this country badly burnt its fingers when it tried to intervene militarily on behalf of the government in Colombo. That traumatic experience argues for physical distance; but there is no reason why New Delhi should not impress on Colombo that what the latest crisis highlights is that Sri Lanka’s present French-style cohabitation constitution is unworkable. The 20-year civil war has always been a warning to the rest of Asia on how not to antagonise ethnic minorities. It is also a reminder to politicians everywhere not to place party and personality above national requirements. Squabbling between the President, Mrs Chandrika Kumaratunga, and Prime Minister, Mr Ranil Wickremesinghe, exposes a fatal flaw in the constitution, encourages rebel defiance and compounds instability. The long-term answer lies in reviving the regional autonomy package that Mrs Kumaratunga herself (aided by her Law Minister, Mr G.L. Peiris) mooted in 1995 under a pragmatic political dispensation. The stark truth is there can be no peace without compromise and no compromise unless Sri Lanka’s President and Prime Minister are bound by the same loyalty, ideology and commitment. They cannot be political rivals. Tamils, who comprise 17 per cent of the population, must not forever be prisoners of the past. Nor must the majority Sinhalese community see itself as enjoying an exclusive right to the fruits of statehood. There will be no solution if two parties that represent it, the President’s People’s Alliance dominated by the Sri Lanka Freedom Party (SLFP) and the Prime Minister’s United National Party (UNP), cling to the unitary status quo and refuse to consider any suggestion of federalism. The Liberation Tigers of Tamil Eelam (LTTE) must give up dreaming of independence. It is simplistic to conclude that Mrs Kumaratunga’s constitutional coup suspending parliament, sacking key ministers and announcing a state of emergency was only an attempt to upstate the Prime Minister by scuttling the peace process. Western analyses suggesting that she was piqued by American applause for Mr Wickremesinghe, who was in Washington for his second meeting in two years with President George W. Bush, diminish Asian realities and set a fanciful value on American patronage. Sri Lanka’s constitution gives the President more power than the Prime Minister. The courts recently upheld her authority over the security forces. Rightly or wrongly, she suspects Mr Wickremesinghe of giving more to the LTTE than the LTTE has agreed to concede. In particular, she fears the latter’s proposal for an interim self-governing authority in the Tamil-inhabited northeastern areas (which it controls in any case) as the thin end of the wedge of secession. Mrs Kumaratunga carries the burden of tragic history. Her father, the late Prime Minister, S.W.R.D. Bandaranaike, pandered to ultra-nationalistic Sinhalese and fuelled conflict by bestowing official status on Buddhism and the Sinhalese language. But he did not go far enough for the Buddhist monks who murdered him. The President’s husband was also murdered, but by the Tigers who reared the appeal his leftist liberalism might have for middle-of-the-road Tamils fed up with warring. Over the years, the Tigers have avenged themselves for historical neglect and discrimination by ruthlessly eliminating anyone who challenged their demand of a sovereign homeland. The list of martyrs is long. From Lalith Athuladmudali, of the Tamil United Liberation Front and a government minister, to Neelam Tiruchelvam, a bright young barrister who acted as interlocutor for moderates, any Tamil of vision and wisdom who seeks to serve his people within Sri Lankan constitutional parameters has been marked out and gunned down. Any Tamil party that is prepared to consider a negotiated solution has been exterminated. Between LTTE militants and UNP hardliners, they killed Mrs Kumaratunga’s 1995 plan though the 27 moderate Tamil members of parliament welcomed it. Historically, Sri Lanka was the isle of serendipity, the discovery of happy accident. It was the “Pearl of the Orient” for the British. In the fifties Ceylon, as it was still called, boasted Asia’s highest living standard. When he was reshaping Singapore in the sixties, Mr Lee Kuan Yew wished he had the benefit of Colombo’s substantial sterling reserves. In the nineties, the daily cost of the civil war was estimated at an awesome $ 77.5 million. The death toll stands at 64,000. The war has ruined a once thriving economy, devastated large parts of the island, sucked small boys into the fighting and generated intense communal enmity. It has also forged unholy links between the Tigers and forces like the Palestine Liberation Organisation which trains and arms them. Trafficking in narcotics, guns and illegal immigrants is said to finance the rebellion. A political settlement may remove these abuse. But there cannot be one if the President and the Prime Minister are at loggerheads. Fresh elections under the present system will only perpetuate the impasse for the constitutional arrangement between two adversarial parties is just not workable in Sri Lankan conditions. It may have been all right in Gen Charles de Gaulle’s monarchical France: if the French still retain the system, it is mainly because the compulsions of European unity have devalued the importance of domestic political arrangements. The “national government” that Mrs Kumaratunga speaks of is a pipe dream. The answer lies in elections under a reformed constitution that redeems her 1994 election pledge to restore the Westminster-style parliamentary system that was abolished in 1978. She did not keep her word then because her aged mother, Sirimavo Bandaranaike, the world’s first woman Prime Minister, needed a job and was thus re-installed in her old position but in an entirely titular capacity. That preserved the forms of the existing constitution. But Mrs Bandaranaike is dead and her daughter must come to grips with the unrealistic demands of a constitution that can be operated only when one party commands enough support to provide both the President and Prime Minister. The LTTE is agreeable to negotiations. It can negotiate only with a responsible government that is unambiguously in control. Elections might replace the SLFP with the UNP. Whatever the outcome, it would reflect national sentiment. Mrs Kumaratunga must be prepared to accept the loss of office as the price of the peace Sri Lankans deserve and yearn for. Meanwhile, the government and the Tigers must both take care to ensure that their guns don’t go off, especially not by accident. Any breach of the Norwegian-brokered peace that has held since February 2002 could be the prelude to greater disaster. |
From the court of “Bhay-Janita”! THE court was ready for QueenMa’s arrival. Tension filled the air. Scores of ministers, officials, and other devotees stood there , with a chant on their lips . They knew her divine names — one more than the thousand given to Lord Vishnu and Goddess Durga. Suddenly, the earth shook and window-panes rattled . Just like that scene in Jurassic Park. “Jai, Bhay-Janita (meaning, producer- of -fear )”, the crowds burst into slogans as she entered the hall. Any way, they shouted her many names by habit — while eating meals, entering offices, turning off bed -lights, or even pressing the toilet flush. Her followers claimed that chanting of her name was responsible for all those miracles — such as human babies being born with two hands and two legs, and for the sun moving smoothly from east to west without losing the way. The QueenMa looked slim and frail enough to be blown away by a table-fan . My local guide explained that she had the magic powers to take on any form, shape, size etc, depending on her mood, which looked rather bad today. Her guards were flashing swords, iron chains , and huge locks — instead of guns! Moving in slow motion behind her were men fondly named ‘chamchas’ who brought with them some women re-enacting mythological roles of QueenMa in her theatre days. She settled on the throne but looked pale, unwell and lost. “She needs amusement”, whispered some ministers among themselves and signalled to a large gathering in the corner. At once pandemonium broke out there — people pulled each other’s hair, tore up dresses, abused, fought with chappals…. Slowly, colour returned to her cheeks . Such chaos, I was informed, always revived her. “QueenMa, QeenMa, please don’t look so sad”, begged the chamchas sprawling out on the ground and beating their chests,” the world is in dire need of your governance”. A faint smile flickered at the corner of her lips . Her form grew a bit. But, something more was required. “Why is it so stuffy here?” the Ma asked. A sense of relief swept through the assembly of her loyalists — they realised, at last, what had gone wrong so far ! Nobody was arrested in her kingdom since morning ! Stuffiness meant too many people around, in the open. They also knew her favourite sport and ordered accordingly. The police went into action — wielding batons, catching hold of a bunch of onlookers known as journalists, dragging them by their lungis, and hauling them away. The iron chains and locks came in handy now. The guards flashed swords and danced, while chamchans shouted out relevant dialogues from plays in which she had acted as a valiant heroine. The QeenMa now recovered fully. Sheer joy made her figure bloom further. “I have been worried about cooks, butlers, etc”, she announced, “ever since that female Diana’s butler wrote about her secret passions . How do we promote morality among domestic servants? The future of my subjects depends on this”. A minister crossed his elbows and coughed
reverently:” The best way, madam, would be a public oath-taking ceremony for every domestic help. He or she will be sworn to secrecy of the high office occupied”. “Brilliant! My government will bear the expenditure. We may also appoint some discreet butlers as journalists, to improve media standards…. And, well , there will be shortage of manpower in newspapers… because most of them will be behind…” She was in full flow now. I escaped in time. |
Relationship with Pak itself is the core issue, says Foreign Secretary-designate Shashank
FOREIGN
Secretary-designate Shashank is taking over on December 1 at a time when
India’s relations with China and Pakistan appear to be in a positive
frame. In a free-wheeling interview, Mr Shashank discusses India’s
relations with Beijing and Islamabad. He rubbishes Pakistan’s claim
that Kashmir is the "core issue" for Indo-Pakistan ties and
says India’s relationship with Pakistan itself is the core issue.
Excerpts: Q: You are taking over at a crucial time when India’s
relations with two of its difficult neighbours — Pakistan and China—
are in a take-off mould. What are your priorities? What I can say
is that there is always an ongoing process of diplomatic relations,
especially with our neighbours. So what may appear to be a take-off to
the general public may not really be so, but may be a continuation of
whatever has been going on for a long time. In any case, these are
cyclical relations. The principles that guide relations between the two
countries are: people -to-people friendship, rapid economic growth and
cooperation with each other on matters relating to counter-terrorism,
promoting good governance, anti-corruption measures, and broadly
creating an area of good investment policies. That remains the
objectives of the diplomats and governments and this is what we have
been trying to do for a long time. Our Prime Minister has made several
far-reaching proposals on two occasions and what we are waiting for is a
complete response from the Pakistani side. Contact has been established
on the technical level and hopefully we would have some progress on
counter-terrorism, cross-border terrorism related issues and then we can
move on to more difficult aspects. Q: The next round of
technical-level talks is due to be held in Islamabad from December 2 on
the resumption of civil aviation links. What is India’s brief for the
talks? I am afraid I don’t think there are going to be any new
briefs. Briefs are already available with the negotiators. I am sure
that they are fully aware of the maximalist and the minimalist
positions. Both sides have put across their viewpoints. Now it is
expected that progress will be registered. Q: How do you react to
the recent statement of the Pakistani Foreign Office that India was
deliberately delaying the confirmation of Prime Minster Vajapyee’s
participation in the Islamabad SAARC summit and using it as pressure
tactics to force a decision on civil aviation links? I don’t
understand what they mean by saying that India is putting pressure. It
is very simple. You stop cross-border terrorism and give MFN status to
our goods, I am sure that India would immediately respond. So the
pressure question actually rests on Pakistan’s unwillingness to move
forward on the key issues. Therefore, what one has to do is not to go
after the shadow but to go after the reality. We have a very keen desire
to move ahead in our relationship with Pakistan. Pakistan saying that
Kashmir is the core issue and India saying that the relationship with
Pakistan itself is the core issue is not a new one. Prime Minister
Vajpayee delayed his departure to Moscow recently by a couple of hours
to inaugurate the SAARC Information Ministers’ Conference here. Do you
see this as some kind of a signal to Pakistan? That is true. The Prime
Minister inconvenienced himself to inaugurate the SAARC Information
Ministers’ Conference. Actually the signal should be seen as a great
desire on the part of India that when we say cooperation, it not only
means cooperation with ASEAN, or with countries of the Bay of Bengal or
with countries far and wide, but also with countries of SAARC. Q: In
this speech Mr Vajpayee invited all SAARC member countries, including
Pakistan, to join the Indian economy and not be afraid of it and also
said that other regional alignments may surface if Pakistan does not pay
heed to this. Do you see a veiled warning in this? I don’t see it
as a veiled warning. I would see it as a wake-up call. It is not really
a wake-up call in the sense of shaking up a person who has dosed off
temporarily. Because we have had a number of interactions in the past to
improve relations. Somehow there have been lethargy and emergence of
non-state actors who have tried to take the lead in their own hands
thinking that they would be able to get the support of the state actors
also. And they have got it from time to time. What I am referring to is
the continuity of cross-border terrorism. On the other hand, there is
great amount of desire on the part of the ordinary Pakistani people to
have economic relations and cultural relations with India. Q: Why is
it that the closest friends of Pakistan such as China and the US have
not invested sizeable amounts in that country? Many friends of
Pakistan actually do not want to put their money in Pakistan. There is a
deep psychological question. And that is that Pakistan is a very large
country with about 130 million people. But in comparison to India, which
has more than one billion population, with the strengths in economics
and scientific fields, it gets dwarfed and starts behaving like a small
underdeveloped country. If China and America put money their and that
money is sunk, that would have a big impact on the Chinese and American
economies. Q: Are you worried about Al Qaedisation of Pakistan? If
Pakistan tries to tell America and the Western world that it is about to
collapse, that it is about to become a failed state and that Al Qaeda is
going to take over the country and that they must support it whatever
leadership is there in Pakistan— even though it is not the best
leadership but the only leadership which can prevent Pakistan from being
taken over by Al Qaeda — these kind of postures may help to some
extent, but will not deliver long term benefits to the people of
Pakistan. |
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Consumer
rights A news report emanating from Ludhiana last fortnight mentioned that out of 2,500 samples of insecticides and weedicides of 300 companies tested by the Department of Agriculture, 150 had failed to meet the standards.. The report also referred to the ruined cotton crops in Punjab on account of such pesticides. The farmers who are victims of substandard pesticides, seeds and fertilisers can seek compensation for the loss suffered by them under the Consumer Protection Act. Where a large number of farmers are affected, they can even file a class action suit, wherein one common complaint is filed on behalf of all the victims. One of the earliest such cases was filed by a group of over 200 cotton growers in Karnataka against a seed company alleging that it had sold substandard seeds. The farmers said many of the plants had remained barren, while those that bore flowers were severely attacked by pests. Eventually as against the promised yield of 16-24 quintals per acre, the farmers could get only 3 quintals per acre. Even this was of poor quality and fetched a low price. The National Commission appointed a two-member commission to look into the issue and on the basis of its recommendations, awarded compensation to the farmers, depending on the loss suffered by them. It also awarded Rs 5,000 as costs to the cooperative which had filed the case on behalf of the farmers (Malaprabha Neeravari Balakedarara (irrigation consumer) Cooperative Sangha Ltd VS the State of Karnataka, Department of Agriculture and others (OP NO 20 of 1989), In the case of Maharashtra Hybrid Seeds Co Ltd vs Alavalpati Chandra Reddy and others, where the complaint pertained to the failure of the sunflower seeds to germinate, the consumer courts directed the company to pay the farmer the cost of the seeds, along with compensation calculated at the rate of Rs 2,000 per acre. Here too, the order of the National Commission was later confirmed by the Supreme Court. In fact, here the contention raised by the company was that the seeds had not been tested as required under Section 13 (1) (c) of the Consumer Protection Act to prove their defect. So the company cannot be held liable. Disagreeing with this line of argument, the apex court pointed out that the company had neither replied to the letter of the agricultural officer referring to the failure of the sunflower seeds to germinate nor visited the fields as promised. The company had also not produced any evidence to show any defect in the manure or the field nor had it filed an application before the District Forum, for an analysis of the seed. So farmers can use the provisions of the Consumer Protection Act to get compensation against defective seeds, pesticides and fertilisers. Usually, in cases such as this, justice demands that the products be tested to prove that they are defective. Farmers can perhaps seek the help of the agricultural department for the required tests. The state government should also give them the necessary legal help to fight such cases. In fact, the state government itself can file a complaint on behalf of the farmers and get them compensation. Given the fact that farmers depend entirely on agriculture for their livelihood, consumer courts too should take up such cases, particularly those filed by small and marginal farmers, on a priority basis and ensure that decisions are taken quickly, without any delay. Of course, the computation of compensation should also be fair and just.
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Religion is the idea which is raising the brute unto man, and man unto God. — Swami Vivekananda May all the living beings look upon the other as their friends. — Yug Veda An ignorant mind leads to ignorant action. Unless he follows the Guru’s path, man cannot rid himself of this ignorance. — Guru Nanak The central theme of the Upanishads is Atmavidya, i.e. the realisation of the Atman as Brahman, their identity, and all the rest moving around that theme. — Shri Adi Shankaracharya My patriotism is not an exclusive thing. It is all-embracing and I should reject that patriotism which sought to mount upon the distress or exploitation of other nationalities. — Mahatma Gandhi |
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