O P I N I O N S

EDITORIALS

Buddha speaks
Left push won’t come to shove
West Bengal Chief Minister Buddhadeb Bhattacharya’s assurance that his party would continue its support to the UPA government is both sagacious and timely, coming as it does soon after the CPM congress.

Jaundice in Pathankot
Many go without potable water in Punjab
Punjab's image takes a beating when one comes to the basics. The state has failed to meet a primary need of the citizens: clean drinking water. How bad the situation is can be gauged from what has happened in Pathankot.

MLAs on wheels
New dealers in democracy
There are many ways of destroying democracy. Nepal’s monarchy chose one way. Our own aaj ka MLAs are doing it differently as the carnival underway in Goa illustrates.

• Thought for the day

ARTICLE

Directive is undemocratic
Top bureaucrats not above rule of law
by V. Eshwar Anand
The United Progressive Alliance government’s admission, through its Solicitor-General G.E. Vahanvati, in the Supreme Court of the politician-criminal-bureaucrat nexus, while defending its stand in favour of the Single Directive provision in the Central Vigilance Commission Act, has given a new twist to the issue of criminalisation of politics.

MIDDLE

Unfulfilled Hasrat
by Iqbal Singh Ahuja
It was the 50th year celebrations for the first batch of the MBBS class. I was given the responsibility of extending the Indian hospitality to those coming from far away for the “Homecoming — 2004” function in Ludhiana.

OPED

Minimising earthquake risks
BIS standards are not implemented
by Maj Gen Pushpendra Singh
The recent tsunami had resulted from a massive undersea earthquake caused by the Indian (Gondwana) tectonic plate pushing under the Eurasian plate. This phenomenon has also raised the great Himalayas and made the entire North Indian region vulnerable to earthquakes.

Chatterati
Shobhaa De’s day in Delhi
by Devi Cherian
In Delhi Valentine’s Day saw red-hot fashion shows, singles, parties, match-making parties too. Gazal evenings and even “shaadis” and mothers going in for cesarean operations to have the baby on V day.

• CMs’ wives, sons call the shots

REFLECTIONS

EDITORIALS

Buddha speaks
Left push won’t come to shove

West Bengal Chief Minister Buddhadeb Bhattacharya’s assurance that his party would continue its support to the UPA government is both sagacious and timely, coming as it does soon after the CPM congress. There were some misgivings on that count and the uncertainty was doing no good to the prospects of the government. The UPA government is at the mercy of the Left support and the increasing shrillness of the statements of the leaders of the latter was indeed a cause for concern, although seasoned observers of the scene were unanimous that the Left would not go to the extent of pulling down an edifice which it had erected so animatedly, because that would go against its own interests as well. It is good that Mr Bhattacharya has put that in so many words, during an interview with The Tribune last week. Even otherwise, he has been candid enough that supporting the Congress is a political compulsion for his party.

The Left objections to the actions of the Congress-led government are essentially on economic policy. Interestingly, the policies being followed by Mr Bhattacharya in West Bengal are not much different from those being sought to be implemented at the Centre. The “reprieve” that he has thus offered to Dr Manmohan Singh’s government is in a way reassertion of his own policies, which find many critics among Left ranks.

One hopes that the maturity that he has shown towards the party that it is supporting at the Centre will also be extended to states, because there, the relations are marked by bitter rivalry, Bihar being the finest example. This may cost them quite a few seats. Although the CPM cannot afford to be seen to be aligning too cosily with the Congress, a more congenial working relationship can be worked out, which will to the benefit of both. The spirit behind the alliance politics at the Centre has got to be reflected at the state level also for the benefit of all partners.

Jaundice in Pathankot
Many go without potable water in Punjab

Punjab's image takes a beating when one comes to the basics. The state has failed to meet a primary need of the citizens: clean drinking water. How bad the situation is can be gauged from what has happened in Pathankot. The Gurdaspur Civil Surgeon has suspended the supply of drinking water to many parts of Pathankot after jaundice cases were reported. This is in winter when water-borne diseases are rare. The Municipal Council of Pathankot cannot instal more chlorination plants because it has to first clear its dues before undertaking a new project. It has no money to replace worn-out water pipes nor the will to disconnect illegal connections. This is more or less true of many towns in Punjab.

The situation is worse in villages. Take Burj Harike in Mansa district. The level of salinity in the underground water that the villagers are forced to drink is 10 times the maximum limit set by the World Health Organisation. Media reports say almost all villagers suffer from dental problems. Twentyfive villagers have died of cancer in the past two years and they blame the water. In another village, Dulowal, of the same district, half the population suffers from arthritis and other diseases due to the excess salinity in water. Of the 12,400 villages in Punjab, 11,800 face drinking water scarcity.

The Punjab Government's efforts to meet the water challenge are misdirected. A Central scheme, Swajal Dhara, aimed to provide potable water in villages, has been introduced in seven districts, but it has failed to take off in six because of lack of efforts. The scheme has been implemented only in Moga district where ex-servicemen mostly run panchayats. Elsewhere, panchayats are either unaware of it or are unwilling to make the requisite 10 per cent contribution. Ninety per cent of the expenses are borne by the Centre. Yet the state government has failed to take advantage of this significant scheme. Instead, it is trying for World Bank loans to tackle the water problem.

MLAs on wheels
New dealers in democracy

There are many ways of destroying democracy. Nepal’s monarchy chose one way. Our own aaj ka MLAs are doing it differently as the carnival underway in Goa illustrates. Many of those fighting for restoration of democracy in Nepal have taken refuge in India. In Goa, democratically elected legislators have fled their home ground and taken refuge in distant Rajasthan – to escape being hunted. It is hard to say whether King Gyanendra took the cue from here or vice versa, but it is an ironic coincidence that cellphones of MLAs in Goa were also blocked on the day telephones were cut off in Nepal. The Congress party, having grabbed a partisan Governor, S C Jamir’s invitation to form a government in Panaji, is now hard put to come up with the numbers for the Pratapsinh Rane ministry to prove its majority on the floor of the assembly before the deadline of March 4. They are poaching on BJP MLAs, who have been commandeered by party bosses and shipped to the desert state to prevent them falling prey to the Congress bait.

Both the Congress and the BJP, the elected elite of Goa, the institutional representatives – namely the Governor and the Speaker – have made a spectacle of themselves in this charade. The national leadership of both the leading parties is also not known to be taking any steps to end these machinations. The Aya Ram, Gaya Ram phenomenon, once confined to Haryana, has spread across the spectrum of states and parties. In times past, such tactics as corralling legislators to protect them from being “pirated” was a Congress monopoly. Today, Mr L. K. Advani, a fierce critic of such practices in the past, is the “strategist” who has stockaded MLAs from Goa in a resort near Jaipur. The Congressisation of not just other parties, but of the political process itself appears to be complete.

Only goes to show that if democracy thrives in India, it is not because of, but in spite of, the politicians and political parties, thanks to vigilant voters. In Nepal, at least for now, the politicians are fighting for, and not undermining, democracy. Perhaps, we have to wait till kingdom come for our political parties to reform.

Thought for the day

Fall down seven times, get up eight. — Chinese proverb

ARTICLE

Directive is undemocratic
Top bureaucrats not above rule of law
by V. Eshwar Anand

The United Progressive Alliance government’s admission, through its Solicitor-General G.E. Vahanvati, in the Supreme Court of the politician-criminal-bureaucrat nexus, while defending its stand in favour of the Single Directive provision in the Central Vigilance Commission Act, has given a new twist to the issue of criminalisation of politics. Its support to the Single Directive, even after its admission of the expanding nexus, is not only a gross violation of the basic tenet of the rule of law but also against all canons of natural justice.

Clearly, the UPA government — like the National Democratic Alliance government — has a vested interest in pampering criminals. After the N.N. Vohra Committee report on criminalisation of politics was tabled in Parliament on August 1, 1995, all the political parties made a hue and cry and stressed the need to check the menace. But their intentions were half-hearted and devoid of sincerity. Since then, the relationship has only grown deeper and more complex.

Criminalisation, if not nipped in the bud, will harden over a period of time. It will gain respectability once a criminally inspired candidate gets elected to Parliament or the state legislatures. In the process, it will also be institutionalised. The result: the unholy nexus will gain strength day by day, wreaking havoc on the quality of governance and the system as a whole.

There seems to be a perfect understanding between the politicians, the criminals and the officials. Criminals need politicians’ protection against the processes of law, politicians need criminals’ money and muscle power to fight elections and for political activity, and officials need politicians’ support to secure plum posts, in and out of service. With the involvement of top officials in this dangerous liaison, the wheel has indeed taken a full circle.

In due course, politicians have become subservient to the dictates of the criminals who, in turn, enter Parliament and the state legislatures. In this sordid episode, politicians, without official support, would hardly be able to circumvent the established norms and help criminals. And some bureaucrats, who have no compunction to subvert the system, manipulate and misuse the methods and practices, come in handy to strengthen the nexus.

One would have expected the government of the day to step in and break this nexus to allow the system to operate. But this is not to be. A close look at the Single Directive suggests that the Union Government will go to any length to protect this nexus, even at the cost of compromising the rule of law. The Single Directive is a classic example of how the UPA government — like the NDA government — has been trying to shield top bureaucrats. Under this provision, the CBI cannot order investigation of an officer of the rank of Joint Secretary and above without the prior sanction of the government.

If the CBI is convinced that there is a prima facie case against a top officer, why should it need to take clearance from the government, which, more often than not, is not given for political reasons? Surely, by making prior permission mandatory under the Single Directive, the government is preventing the CBI from performing its normal duty and protecting the officer under cloud. In the process, the very significance and purpose of the CBI is getting defeated.

The Code of Criminal Procedure, 1974 — and its 1898 predecessor — provides that civil servants cannot be prosecuted without government sanction. The Single Directive protects them from CBI investigation without government permission. Consequently, they enjoy “double protection” — from both investigation and prosecution. Indeed, the protection of the civil servants has become complete.

Thanks to the Supreme Court’s initiative in the Jain Hawala case (1997), the Centre was virtually forced to provide a blueprint for a rigorous Central Vigilance Commission. But then, the government’s rigid stand on the Single Directive has come as a bolt from the blue. Tackling corruption and criminalisation of politics are such that the Centre cannot insist on different yardsticks for different categories of officers. When corruption is well-entrenched and much more endemic at the top, the protection granted to officers of the rank of Joint Secretary and above is tantamount to making a mockery of the rule of law and the right to equality under Article 14 of the Constitution.

While striking down the Single Directive as null and void and ultra vires of the Constitution on December 18, 1997, the Supreme Court aptly ruled: “Every person accused of committing the same offence is to be dealt with in the same manner.” It said that the protection that the Centre sought to give to senior officers was “arbitrary, unreasonable and overprotective”. More important, it ruled that there was no reasonable basis for distinguishing between “decision-making officers” and other bureaucrats for purposes of investigating an offence for which they were accused.

It is worth mentioning that the then Law Commission Chairman, Justice B.P. Jeevan Reddy, was totally opposed to the Single Directive, much to the chagrin of top bureaucrats when the NDA government tried to push it forward. Soon, it was revived through the Secretaries’ Bill. The then Attorney-General Soli J. Sorabjee ostensibly maintained in the Supreme Court that the Single Directive needed some “fine-tuning”. His concern was perfunctory and only a euphemism.

Amazingly, even after the apex court ruling, a Joint Parliamentary Committee recommended the re-introduction of the Single Directive. To nullify the court ruling, Parliament passed the necessary amendment and revived it. The UPA government, through the Solicitor-General, says that it is necessary to protect top bureaucrats from vexatious litigation by disgruntled elements. But one has to see the much bigger issue — the government’s tactic to use the Single Directive to stall the investigation of corruption cases. Surely, since some cases involve a conspiratorial nexus between the bureaucrats and the politicians, both have a vested interest in keeping the Single Directive intact.

The Constitution Bench of the Supreme Court is presently seized of the matter. It will give its considered opinion on the constitutional validity of the Single Directive in due course. The ends of justice will be met only if it is scrapped. At the same time, there is need for an independent mechanism to probe corruption at the top. Corruption and criminalisation of politics have assumed serious proportions today. As the CBI or the CVC cannot possibly help tackle the menace, the country needs a more effective curative mechanism.

It would be eminently sensible if an independent and autonomous body is set up to try cases against politicians and bureaucrats. At present, the CBI seems unable to act as an independent body. As it consists of IPS officers, they kow tow to the wishes of the political executive and top IAS officers in anticipation of rewards and, in the process, do injustice to work.

In this context, the suggestion for a Director of Public Prosecution (DPP), completely independent of political and bureaucratic control, merits attention. The DPP would be answerable only to the Chief Justice of India as is the Procurator-General in France. In many countries, this institution has worked successfully. Why not follow suit in India to protect the rule of law and break the politician-criminal- bureaucrat nexus?

MIDDLE

Unfulfilled Hasrat
by Iqbal Singh Ahuja

It was the 50th year celebrations for the first batch of the MBBS class. I was given the responsibility of extending the Indian hospitality to those coming from far away for the “Homecoming — 2004” function in Ludhiana.

There were 10 doctors from overseas. Though they were all senior citizens by Indian standards, they defied their age.

‘‘Hi Iqbal’’, shouted one of them. I reciprocated, ‘‘Hi Prem’’. He laughed and said: ‘‘I was Prem 30 years ago. Today I am Dr Pim’’.

Next was Jayraj Lingam. ‘‘How about you?” I asked. He smiled and said : ‘‘The Britishers could not pronounce my name. Now I am Dr Steven Jay’’.

As we drove down Steven’s son said: ‘‘Dad, look everyone is driving here with a tilted neck’’ Steven said: ‘‘Son, this is nothing. They don’t mind talking on the mobile phone whether they are eating or driving’’.

A tall gentleman received us on the campus with a cryptic smile: ‘‘Hello, I am Mohan, Mohan Verghese, the Principal’’.

For a moment there was silence. Then he laughed and said: ‘‘I can’t give you the comforts that you have in the US but I will try to make your stay comfortable’’. The reply was in unison: ‘‘We have come here for some thing we didn’t get there and you know what that is — ‘Tumahara Pyar’.”

We realised that even 30 years of separation had not made a difference in our love for each other.

The next day was full of academic activities. Prem said: ‘‘I frankly admit that the standard of education and healthcare in CMC is no less than that of colleges and hospital in the US. You are providing the same standard of healthcare at a fraction of the cost as compared to the US. I also feel proud that students from our college have excelled in all fields like heart surgery, neurosurgery, etc. I am also proud of my classfellow — a brother who pioneered the invitro fertilisation (IVF) technology in North India. Even in the US you have very few IVF centres. You are a real doctor who gives healthcare to the needy. This service to the poor is not in our hands in the US’’.

Academics were followed by a social meet. We had an old invitation from one of our old classmates, “Hasrat”. We all wanted to give him a surprise by visiting him without any prior appointment.

We knocked at the door, rang the bell. No reply. We knocked again and pressed the bell switch. This time his wife opened the door. The welcome smile was missing. She took us to the drawing room and made us comfortable. Tea and snacks were served.

‘‘Has Hasrat gone somewhere?’’, asked Prem Chopra. ‘‘You want to meet him’’, asked his wife. ‘‘Sure’’, we all said.

She took us to the bedroom. As we entered, we saw his photograph on the wall with a garland. We were dumbfounded — he was no more. We all dispersed in a sad mood. Hasrat had left us with a Hasrat in our mind — we could not see him.

OPED

Minimising earthquake risks
BIS standards are not implemented
by Maj Gen Pushpendra Singh

The recent tsunami had resulted from a massive undersea earthquake caused by the Indian (Gondwana) tectonic plate pushing under the Eurasian plate. This phenomenon has also raised the great Himalayas and made the entire North Indian region vulnerable to earthquakes. The Bureau of Indian Standards (BIS) has divided the country into four seismic zones with Zone V being at the greatest (severe) risk and Zone II the least (low) risk.

Certain areas in the Kashmir valley, Chamba and Kangra in Himachal, fall in Zone V, whereas the rest of Himachal is in Zone IV — high risk. Northern Punjab and some portions of Haryana (including Chandigarh and Panchkula) also fall in this high-risk category. Generally, the Malwa region is in the moderate risk area — Zone III.

It is axiomatic that earthquakes don’t kill — collapsed buildings do. A magnitude 6.5 earthquake in Bam, Iran, in December 2003 caused 30,000 plus deaths. In contrast, a magnitude 7.1 earthquake — several times stronger than the one in Bam — in October 2004 in Hokkaido, Japan, caused only 17 injuries. The main reason for low Japanese casualties was their seismically engineered buildings.

Traditional structures in many regions of India do have strong earthquake resistant features. The bungas of Bhuj and the bamboo tarza structures of Assam — both Zone V regions — are notable examples. On the other hand, modern buildings in Ahmedabad, being non-engineered, had sustained severe damage during the Bhuj-centred quake.

The BIS standards for earthquake resistant construction are among the most modern and well conceived in the world. Why then do we continue to sustain heavy casualties from building failures during earthquakes? The answer lies in a uniquely Indian muddled approach to the problem.

For one, the BIS standards are not mandatory. The local municipalities have to stipulate compliance with these standards in their byelaws. Many are reluctant to do so because of pressure from the builder-contractor-politician lobby. So, why cannot Parliament enact a law mandating these norms as well as fire safety provisions, flood and cyclone resistant principles.

We have a huge surfeit of civil engineers but only a handful have been exposed to structural design and engineering. A massive national-level exercise is underway to retro-train civil engineers. Concurrently the syllabi of relevant engineering courses in the country have been revised to include these aspects. Rightly, the law ought to be enacted only after we have trained human resources to enable compliance with its provisions.

Another grass-roots problem lies in the shortage of trained masons and other craftsmen. The days when a master “raj-mistry” passed on the intricacies of his craft to his sons or apprentices are long over. The demand for such skills has boomed so fast that almost anyone who can wield a trowel or a welder’s torch is engaged in construction work. An extensive training programme involving contractors and local guilds — where they exist — is required.

Two instances from the Disaster Management Institute illustrate the other facets very clearly. At the end of an earthquake engineering awareness programme for engineers from various MP Govt departments, a PWD engineer stated that if he used sand-cement mixtures of the specified richness, he would be hauled up for misappropriating cement!

When pointed out that the MP Govt had notified mandatory compliance with the BIS guidelines, he cited the PWD Regulations, which contravened the notification. Such are the intricacies of babudom! Clearly all levels of government need to put their act together.

During the programme, we had stressed that all fresh building plans should conform to the BIS standards. One junior engineer put his finger on the problem. He stated in all sincerity “Plan to do bante hain — pass karane-wala; aur banane-wala”. How then can we ensure compliance?

So what is the answer to this very Indian conundrum? After much deliberation, a solution emerged: make the “users” aware of seismic risks as well as the principles and techniques for earthquake-resistant construction. These should include would-be house builders as well as the building trade — if at all we can get through to their conscience.

Sensitising financiers and insurers about making their investments secure by providing loans/cover to only those whose actual construction conforms to the IS Codes would certainly be useful in ensuring compliance of the building trade.

Whereas the provisions of the IS Codes are quite technical and exhaustive, the principles underlying safer construction are easy to understand. Using these anyone wanting to construct or buy a house can ensure that the major parameters have been complied with. Some important measures are as follows:

The foremost is the selection of a site. It should be on a level and firm ground — not on a slope or a refilled site. If one is buying a flat in a housing complex, one should inquire whether the bearing strength of the soil has been tested and foundations designed accordingly. Next, the structure should be regular and symmetrical. Heavy loading on the top floors — swimming pools etc — should be avoided.

In double-storeyed houses except in Zone V, all that is necessary is to “tie in” the walls by having bands at the plinth, lintel and roof levels. Brick walls should also be spliced together at the corners and the roof joined firmly with them. These measures impart structural cohesion to the building. Avoid long, unsupported walls. If inescapable, these must be strengthened by buttresses.

In multi-storeyed construction, the criticality lies in the strength and ductility of the concrete frame, use of the correct cement mixture and steel of the right strength. This is where a structural engineer is really required. Prospective buyers could enquire about the credentials of those involved in such a building’s design and supervision.

Finally, simple measures in the home can make family members safer. Most important is to avoid storing heavy things on top of shelves or cupboards. These cause serious injuries during a quake when they topple over. Inflammables should also be stored safely, where they cannot accidentally cause a fire. Remember that earthquake- triggered fires are a major cause of casualities.

We live in a seismically sensitive region but by being aware of and taking safety measures, we can minimise risks and safeguard the lives of our families and children.

— The writer is a former Director-General of the Disaster Management Institute, Bhopal

Chatterati
Shobhaa De’s day in Delhi
by Devi Cherian

In Delhi Valentine’s Day saw red-hot fashion shows, singles, parties, match-making parties too. Gazal evenings and even “shaadis” and mothers going in for cesarean operations to have the baby on V day. Hey even the sensex got into the V-day mood and kissed a new high. Now aren’t we really confused western desis?

On this day the much-hyped book release of Shobhaa De was supposed to create ripples. But nothing really excites Delhiiets and, of course, their attention span we all know about. Catty comments and ripping celebrities are always the done thing here.

Delhi’s page 3 crowd and celebrity couples came alive with “Shobhaa De” of Mumbai. Why it succeeds and why it fails. Shobhaa’s second marriage and managing six kids have obviously taught her a lot about the institutions of marriage and motherhood.

Shobhaa released her book herself and presented the first book to her husband, Dilip. Dr Naresh Trehan with wife Madhu, Naveen and Raseel Gujral, Chetan and Manya Seth, Sidharth and Anita Basu with perfect smiles. Shobhaa, I must say, got a raw deal because the crowd was more interested in gulping down their free Patiala pegs and catching up with gossip rather than listen to how couples were lying through their teeth about sex and various issues which make a marriage perfect.

Having read the book already, I somehow could not figure out how Shobhaa had penned down so appropriately how to tackle the husband, kids, in-laws and outlaws. Juggle careers, the husband’s children tantrums, servant problems and friends and women’s liberation and financial empowerment.

Also marriage is a combination of a complex ego clashing but nothing that cant be settled. Hey! Of course, now can Shobhaa be there and no sex is discussed. It was!

So Satish Gujral, Karan Thapar, Sohel Seth, designer Ritu Kumar, all sat through this book release with a difference. The glitterati, chatteratti and the literate got together to make this Shobhaa book on the Valentine Day evening more interesting than run-of-the-mill book launches.

Hey! I cannot but pen down Shobaa’s last remark of the evening: “Dilliwallas are really a badtamiz lot”. Now. Now. This is because Delhi is the power centre, my dear, where no one is important enough for a little bit of respect or just sheer hospitality. Whew!

CMs’ wives, sons call the shots

How can Delhi evenings be complete without some political talk, specially when elections are on in states. You know, how this Capital is full of power brokers who think they actually make Chief Ministers. The latest bargaining is on for Haryana, Bihar and Jharkhand chief ministerships.

If Chautala kids were in demand, now it’s Bhajan Lals, Kuldip Bishnoi and Hooda’s kids. Not to forget, Bansi Lal’s two sons and son-in-law are in the fray too. In Bihar its Laloo’s Misa, the eldest daughter.

Well, if things were hunky-dory for Laloo, Misa would have fought this election along with her uncles and aunts. My God, no wonder, why Gowda was upset when the humble farmer had to put a stop to promoting his kids in Karnataka due to a few JD (S) leaders who were grumbling and accusing him of trying to impose dynasty rule. Chidambaram’s son also wants to be Youth Congress chief in Tamil Nadu. Wonder why?

In state after state, its Chief Ministers’ wives, sons, in-laws and even outlaws who are running the states and some coming to the Centre to PR for the spouse and maybe go back to the state after some time for a stronger hold. No wonder, the grass-roots worker does not know what to do. Except wish they had a godfather, at least.

REFLECTIONS

— The Mahabharata