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Science Day: Need for
bold initiatives On Record |
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Profile
Reflections Diversities — Delhi Letter Kashmir Diary
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On Record
DR Justice A.S. Anand, former Chief Justice of the Supreme Court and presently the Chairperson of the National Human Rights Commission (NHRC), started his career from the Punjab and Haryana High Court. There he practiced criminal, constitutional and electoral laws till 1975. He was appointed Additional Judge, Jammu and Kashmir High Court, on May 26, 1975. He became its Chief Justice on May 11, 1985. He was transferred to the Madras High Court on Nov 1, 1989, and appointed Judge of the Supreme Court on Nov 18, 1991. He was the Chief Justice of the Supreme Court from October 1998 to November 2001. He has been the NHRC Chief since February 2003. For him,“human rights are ethical norms for dealing with individuals”. In an interview to The Sunday Tribune, he sets three goals for the NHRC: “protection of human rights; making authorities accountable; and corruption-free action”. Excerpts: Q: Has the NHRC been able to fulfill its objectives? A: It has taken effective steps to fulfill its objectives. As regards violation of human rights, the only thing universal about them is their universal violation. However, the NHRC will continue to take measures for the protection and promotion of human rights. As regards protection of human rights, we look into complaints we receive or take suo motu action. Till now, we have received over five lakh complaints, of which about 50 per cent have been frivolous. Under the Protection of Human Rights Act, 1993, the NHRC has to function under certain embargoes and limitations. Matters that are sub judice or covered by the judiciary fall under that category. Q: How many cases have been resolved? A: When the NHRC was set up in 1993, it received 500 complaints. By 1996, the number had touched 20,000. In 1998, we got 40,000 complaints and last year 72,000 complaints were received. This shows how citizens feel about the availability of a forum where they have been able to ventillate their grievances. It is a reflection of the NHRC’s credibility. I would say a substantial number of complaints have reached their logical conclusion. Of all the complaints we have entertained, 50,000 or so are still pending consideration as we are awaiting action taken reports from the state governments or the police. Q: When the NHRC takes suo motu cognisance, asking the authorities concerned to send in a report, how many times do the state governments, mainly the police and bureaucrats, bother to send a reply? A: Our directions are not taken lightly. In many cases, we have to exercise powers of the civil court to summon the official concerned or get the record we require. That, besides a very vigilant media, acts as a deterrent, which is very helpful for us. They might have been sleeping earlier but after this they act with speed. So, we do get a response. At times we have to send in a reminder. The task is gigantic. Q: What are your plans to improve the NHRC’s functioning? A: The NHRC is a facilitator and has a statutory function to perform. Therefore, we need to be vested with more powers to help protect human rights effectively. We suggested an amendment about four years back. Despite promises, the matter is still pending. Two weeks back, the Union Home Secretary informed me that he was hopeful on the matter. Q: How do you deal with interference from the government, if any? A: The NHRC is an autonomous body, financially and administratively. The Commission makes all appointments. We select our officials who are sent here on deputation. The government has no say in our functioning. Q:
Don’t criminals and terrorists have human rights, as claimed by the police
and the armed forces? A: Some officials dealing with law and order do go overboard. The NHRC has consistently maintained that the rule of law cannot be bent and everyone has to act within its parameters. Even while curbing militancy, certain rights must be followed. Give the criminal the punishment he deserves. But his human rights including the right to fair trial cannot be taken away from him. Q: Does a rapist have any claim to human rights? A: He has the right to a fair trial. Give him the most stringent punishment. He not only degrades the body but also the soul of a woman. Any plea for mercy is totally uncalled for. Courts must hear the loud cry for justice by victims of rape. The judiciary has to be very sensitive and ensure speedy trial. For rape cases, there should be in camera trials with women police officials. Q: As regards custodial and encounter deaths, particularly in Punjab, what reforms have you suggested? A: In the Punjab mass cremation case, we issued an order stating that while terrorism must be fought boldly and relentlessly, the state cannot be allowed to indulge in terrorism. Respecting human rights is actually protecting the rule of democracy and is not a hindrance in combating terrorism. We have issued guidelines in this regard. All the Chief Secretaries have been asked to ensure that all cases of custodial death and rape are reported to the NHRC within 24 hours of occurrence, failing which an adverse inference will be drawn. Q: What about women’s rights? The situation in Delhi is particularly grim. A: Issues like trafficking in women and gender-related violence are a matter of concern for the NHRC. A study has been sent to the government in this context. It is distressing the way two-way trafficking is going on, particularly along more porous borders of Nepal. The phenomenon of sex tourism is particularly disturbing. The Immoral Trafficking Act is not being implemented properly. The middleman, the pimp or the exploiter get away and victims suffer again at the hands of prosecutors. Some stringent provisions are required to pin them down. Q: What about human rights of marginalised and other vulnerable sections? A: On the basis of a study on atrocities against Dalits, the NHRC sent a dozen recommendations to the Prime Minister, Chief Ministers and others to identify an action plan. We need special courts to deal exclusively with cases of atrocities against Dalits and other vulnerable sections with special prosecutors. There is also a definite need for sensitisation of the District Magistrates and SPs to implement existing laws. Q: What are other issues that concern you? A: Before our office shifted to the Faridkot House early this year, I refused to move in till a ramp for the physically challenged was made. There are many buildings where these people are expected to go for redressal of problems but do not have the infrastructure. The Disability Act has not been implemented properly. The rights of HIV positive and AIDS patients is another matter of
concern. |
Profile IN cricket crazy India, motor sports is least known and considered a hobby of the most affluent section of society. A car continues to be a status symbol but using it for racing purposes is, possibly, little known; more so, for those who have known, besides cricket, only hockey and football as sporting events. So far car as sport is concerned, this country is more known for its vintage car rallies than motoring as an event. Yet, if India produces a motor sport prodigy, it is considered a miracle. And, miracles do happen, not only in the realm of politics, but also in the field of sports in a nation of over a billion. Narain Karthikeyan is such a wonder, having acquired the reputation of ‘fastest Indian on wheels’ and made international debut as the first-ever Indian driver to top echelons of motor sports. He will show his driving skill at Australian Grand Prix to be held in Melbourne on March 6. Narain’s historic entry into Formula-1 (F1) competition, experts say, might change the face of motor sports in India. F1 was the second most-watched sport on TV channels last year. Viewers of motor sport have been pretty high on satellite channels around the world. There are going to be a lot more Indians watching F1 because Narain will be a participant. This may be a start for motor sports to grow bigger in India, experts feel. Narain has been quoted as saying that F1 at some point needs to grow in more Asian countries, and India is the perfect place. Motor sports need the support of the government. It would be a great achievement to have F1 races in India. As he comes to grips with his new life in the fast lane, Narain’s father G.R. Karthikeyan and also his ‘Guru’ in motor racing is confident that his son would outshine others. Himself a racer and for years Indian National Rally champion, elder Karthikeyan motivated his son from a very young age to take to motor sport. Narain was barely 16 when he sent him to Elf-Winfield Racing School in France. True to his father’s assessment, Narain showed natural talent for motoring and reached up to semi-finals in the ‘Pilote Elf Competition’ in Formula Renault cars. “We never expected Narain to achieve half of what he has”, says the father and explains why he is ‘bullish’ on his son’s future. “He has made his way up from average terms”, says elder Karthikeyan. Narain, as his father puts it, “picked up experience all over the world. He is a lucky chap. Who at 16 would get what he wanted to do? Generally most kids do not have the nerve to make up their minds, their parents do it for them”. Narain has driven eight variants of F1 racing and has advantage of driving almost everywhere. Of the 19 F1 circuits this season, only four are new to him; Melbourne, Sepang (Malaysia), Istanbul and Shanghai. Car sport has now become both passion and profession for 28-year-old, Chennai-born Narain. Having studied Business Administration in London, he took to racing under his father’s patronage in 1993. He returned to the UK a year later and drove in Formula Ford Zetec for Foundation Racing as number two. He took part in the British Formula Ford Winter Series and by winning this became the first Indian to win a championship in Europe. 1997 brought him the best in him. He competed in the Formula Vauxhall Opel and won the prestigious Donington Park race with a lead from start to finish. This victory prompted the much-acclaimed Auto Sport magazine to declare in bold headlines: “The Indian Prince rules in the rain”. Narain has been fighting for a place in the biggest competition in motor sports for a decade. Now as he takes the wheel for Jordan Grand Prix, the F1 team started by Ireland’s Eddie Jordan, in Melbourne, Narain’s sponsors —Tata group, JK Tyre and Bharat Petroleum — will enter into aggressive marketing world of F1 to compete with giants like Shell and Marlboro. Narain was asked recently by an International Magazine: “Which makes you more nervous — driving on the track or diving on Indian roads?” “Driving on Indian roads” was his prompt reply. It’s really crazy in some places, though it’s getting better. “Foreigners always ask me which side of the road do you drive in India? Do you have right-hand drive or left-hand drive?” “Whichever side you want”, he reportedly
said. |
My mission at the United Nations by Kiran Bedi WHAT are you doing at the United Nations? This question was put to me in almost all fora, big or small, formal and informal, these last two years I was there in New York. The audience and participants were diverse. Hence this question was not group specific. What I all along gave by way of information in the Q&A that followed, I wondered why don’t I share this with my own readers, before I move over to postings in India. For the work that we do/did in peace keeping is truly restorative, humane, effective and international. It is/was both impacting and challenging. It is substantially a stoppage of war and death and return to peace and life. It is reversal from utter devastation for those for whom there was none except the United Nations. The scale of intervention and support varied from country to country, case to case. The UN interventions are based on assessment of the extent of destruction, devastation, damage to institutions, deprivation, dislocation and violence. The magnitude and content of work done along with the human + material cost, which comes from scarce resources around the world probably remains only in documents; never does it really come in public domain. Having seen first hand the impact this colossal-collective- contribution- under-the- UN flag makes to the lives of millions of the attacked, exiled, victimised, vulnerable, men, women and the children, is a life reviving experience! And this is positive news for sharing. With all the space the negative news consumes, good news is considered an intrusion or construed as self-promotion! But I deem it a sense of responsibility to continue to share this intensive and extensive contribution which the world community makes, for millions of people around the world. We, The Civilian Police Division at the UN, from the Department of Peace Keeping Operations, had a role to play in alleviating and addressing this suffering to a substantial extent. It is all about saving humanity, reviving security with renewed ‘life’ to millions suffering from prolonged and protracted inter and intra-state conflicts which assume serious dimensions and require urgent international intervention. This gigantic task is one huge collective battle for a common destination, being restoration of ‘peace and security’ with the UN in the ‘central’ role or on a ‘light foot print’. My assignment as Civilian Police Advisor with the Department of Peace Keeping Operations (DPKO) was to provide the required and ‘mandated’ police capacity along with all that precedes, follows or goes parallel in international peace keeping, in countries so mandated by the Security Council. In simple terms, it means that when the UN, specifically the Security Council, arrives at the considered view that the country/s which have gone into a self-destructive mode through internal wars and failed in governance, need international help/assistance/ intervention/ support, then, the DPKO i.e. my department is tasked with the responsibility to provide the need based strategies/ assistance to protect the populace and the country from being further ravaged. The Head of DPKO, the Under Secretary-General, has two key advisers, the Military and the Police. I and my team of 25 police experts from over 23 countries provided the necessary experience. We, with all other partners in the department, were assessing, negotiating, drafting, planning, presenting, selecting, deploying, appointing, inducting, supporting, visiting, reviewing, coordinating, providing and more… The police component was in the following countries: Timor Leste, Haiti, Congo, Ivory Coast, Burundi, Sierra Leone, Cyprus, Kosovo, Georgia, Afghanistan, and Liberia with Sudan waiting. We deployed, after due selections, over 6,000 police officers from over 69 countries. (In 2004) What did we do? We, the UN Police Division, planned and assessed as per the security needs of the affected country. The objective being to revive, reconstruct, build capacity in the country concerned and to help find its feet as soon as possible. What does it mean and imply? It means: Providing appropriate policing resources with pragmatic plans to assist the country recover and rebuild its own broken structures which meet international standards of humane policing. For instance, Timor Leste has been enabled by the Department/ Police Division with resources and advice to set up an entirely a new young police system with connected structures. In Sierra Leone, we provided specialised police officers to train, mentor and advise the Sierra Leone national police on democratic standards of policing. All these are investments for humankind: our present and future. Each year it costs the world community billions delivered through internationally contributed/ collected/ selected/ valuable resources. However, it might do the world equal good, if while depicting or surfing for ‘what went wrong’ it also clicks at what went right and what softwares + servers, may never have reached if the Blue flag had not fluttered where it was most
needed! |
Diversities — Delhi Letter by Humra Quraishi LAST week, we had the Sahitya Akademi’s major get-together of writers and poets of South Asia. And now comes into focus Ajeet Cour’s Foundation of SAARC Writers and Literature which will hold a symposium on the contemporary issues and future prospects of SAARC on Feb 28. Sadly, the spirit of togetherness seems missing on the SAARC front. This brings me to write about a 72-minute stretch documentary by Ajay Bhardwaj entitled Kitte mil ve mahi (where the twain shall meet). It is getting screened here this weekend at the Anhad office. Shot in Punjab’s Doaba region of Jalandhar-Hoshiarpur belt, its focus is far removed from the so-called bigger issues. Travel to the heart of Punjab. Enter a world of Sufi shrines worshipped and looked after by Dalits. Listen to B.S. Balli Qawwal Paslewale, the first generation Dalit Qawwals born out of this tradition. Join a fascinating dialogue with Lal Singh Dil — a radical poet, a Dalit, converted to Islam. Meet the last living legend of the Gadar movement, Baba Bhagat Singh Bilga, who contests the subversion of a common past, while affirming a new consciousness among Dalits, within and beyond Punjab. The interplay between the constituents of this mosaic brings to light the triple marginalisation of Dalits, amidst the agricultural boom that is the modern Punjab, in the contesting ground of its ‘major’ religions, and in the intellectual construction of their ‘syncretism’. And if one were to ask Ajay Bhardwaj what made this filmmaker, who had earlier made a mark in television, take to this offbeat theme and concentrate on the so-called “little traditions” of the land, he says that today the so-called bigger issues are eating up space, time and energies, distracting the average citizen from the actual realities. “Punjab has witnessed some turning points — Partition, Green Revolution, terrorism, 1984 riots. But though some vital social changes have also been evolving, these have been ignored. Why have we forgotten that even today Sufis and other powerful traditions exist in the state? It’s sad that the so-called bigger issues are made to dominate and the realities hardly got the fore.”
Last week 50 youngsters were felicitated at the Awards Function of the Seventh All-India Unnati Competition. The youngsters, in the 15-25 age group, had penned their thoughts in prose and poetry, in paintings and drawing, and even put together a power point presentation on the topic, “Do girls and boys have equal rights in our society?” Shree Venkatram, the journalist behind this Unnati effort, told this writer that “most award winners were girls, who experience and live through discrimination. Many talked of why society was unjust to the female sex, killing her even before she is born and then denying her equal access to nutrition, education and health
care.” |
Kashmir Diary for Pak’s hold across LoC by David Devadas NOW that the road to Muzaffarabad is finally set to open in spring, Kashmiris’ responses are at times quite startling. One at least was sure that this was just one little step short of independence. It did not matter that an agreement was being reached between India and Pakistan, it still sounded like the road to aazadi to him. Across the spectrum, another young Kashmiri — this one pro-Indian — was distraught at the thought that busloads of militants would soon trundle down the road. Why is the government doing this?, he demanded plaintively the other day. Both those Kashmiris were obviously unaware that it was India that has for a long time been pressing for the road to be opened and that Pakistan had resisted. Indeed, so eager are Indian strategists for people on either side of the Line of Control to have access to the other side that they have even agreed now to let citizens from the state to cross without passports. Alternative travel documents are to be provided. In fact, even some of the more hard-nosed Indian strategists have pressed for such access for the people of the state. They have discussed it with their Pakistani counterparts in what is called Track Two dialogue for at least a decade now. Their logic is simple. Unwanted infiltrators have in any case been crossing the Line of Control, which is almost impossible to seal. Meanwhile, the ordinary people of Kashmir have been fed on propaganda. If they are allowed to go and see conditions on the other side for themselves, they might be disabused of some of their impressions. Indeed, an open road might prove more dangerous for Pakistan’s hold across the Line. Most reports say that development and opportunities are far greater on this side than on that. Javed Ahmed Mir, one of the most prominent leaders of the JKLF, once told me how shocked he had been when he had first gone to Muzaffarabad for training as a militant. “I thought I had arrived in Ramban,” is how he put it, referring to the little town on the Srinagar-Jammu road. The town has grown tremendously over the past 15 years, owing in large part to the large numbers of Kashmiri militants spending money there, but the overall development on either side must still present a contrast. Even some former secessionists back the idea of allowing Kashmiris an opportunity to see for themselves which side of the Line they prefer. One of the founder members of the All Parties Hurriyat Conference – until he was expelled for backing electoral participation – put it rather pithily while talking to me once. “If the Government of India has any sense,” he said, “they should give every Kashmiri free rations for six months and then send them all across to see for themselves. They will come running back, saying we want to be Indians.” It is, certainly, a fact that some of the most prominent secessionists over the decades were dedicated to the merger of Kashmir with Pakistan until they trekked across and spent time there. Among those who were thus turned to the idea of independence are Maqbool Butt and Azam Inquilabi. Inquilabi, proudly told a court in 1982, “Din hamara, imaan hamara, Kashmir banega Pakistan (Our religion, our faith, Kashmir will be Pakistan).” But after several months across the Line of Control in 1983, he chose to become a member of the Freedom Front, seeking independence from both sides. Now that there are arguably fewer pro-Pakistan Kashmiris than there were in the 1980s, it might just be a shock to many of them to discover that the general mood in Pakistan is not of support to an independence struggle but that Kashmir ought to merge with Pakistan. It might also be instructive for some of them to discover the extent to which Islamic fundamentalism has developed a grip over substantial sections of the Pakistani population over the past quarter century. Kashmir’s popular religiosity has developed through decades of syncretism and consists of devotional singing, veneration at shrines and seeking favours from the divine — all of which are far closer to Hindu practices than the Islamic praxis common across the rest of the subcontinent. Given these various factors, there is little reason to wonder at the government’s strategy of facilitating the travel of ordinary Kashmiris to the other side. It is easy to conjure wonderful fantasies about the forbidden but reality can sometimes be a rude
shock. |
Any new discovery of truth does not contradict the past truth, but fits into it. — Swami Vivekananda Happiness is in action, and every power is intended for action; human happiness, therefore, can only be complete as all the powers have their full and legitimate play. — Thomas You are the light of the world. A city that is set on the hill cannot be hid. — Jesus Christ The wise God knows everything. — Guru Nanak Every religion has a distinctive virtue, and the distinctive virtue of Islam is modesty. — Prophet Muhammad Every noble activity makes room for itself. — Emerson |
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