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Commitment to Kabul
Judges deserve justice
High-voltage protest |
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Turmoil in the BJP
Telephone calls
Challenges of disability Why some become alcohol
addicts? Delhi Durbar
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Commitment to Kabul PRIME Minister Manmohan Singh’s two-day visit to Afghanistan has inaugurated a new era of understanding and cooperation between New Delhi and Kabul. Their centuries’ old bridge of friendship, destroyed by the Taliban, is being rebuilt slowly but surely. Being the first Prime Minister of India after Indira Gandhi, who visited Kabul 29 years ago, to have set his foot on this highly insecure part of the world, Dr Manmohan Singh has demonstrated the seriousness with which India takes the cause of rebuilding Afghanistan. By increasing India’s financial assistance from $500 million to $550 million, besides assuring other kinds of help in various areas, Dr Manmohan Singh has proved that India remains prepared to enhance its commitment to the gigantic task in Afghanistan. The joint statement issued in Kabul and the press conference Dr Manmohan Singh and President Hamid Karzai addressed together on Sunday made it clear that, besides fighting terrorism, India was gearing up to play a major role in providing healthcare, spreading education and the development of agriculture in Afghanistan. No doubt, the Americans are there to help the Karzai government in fighting terrorism —- read the Taliban —- which continues to pose a serious threat to the efforts for stability in Afghanistan, but Kabul, perhaps, feels that India’s experience in handling the menace may also be useful to it. It is in India’s interest too to ensure that the Taliban are unable to re-emerge as a force to contend with. Peace in Afghanistan is also essential for the proposed Turkmenistan-Afghanistan-Pakistan-India gas pipeline project. It can spur the pace of economic growth in the entire region as will the Iran-Pakistan-India pipeline do. But the pipeline from Turkmenistan is not possible without peace in Afghanistan, which demands a massive increase in economic activity. India can be more effective in promoting business activity in Afghanistan provided the land route to reach Kabul through Pakistan is open to it. Both India and Afghanistan are working hard for the purpose, and let us hope they will succeed in persuading Pakistan to be realistic and allow the transit facility to India. It can also help Pakistan, which may have to give up its distant aim of acquiring what it describes as “strategic depth” for its convenience.
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Judges deserve justice THE Parliamentary Standing Committee on Law and Justice has rightly recommended a raise in the pension of the judges of the Supreme Court and the High Courts. In its report introduced in Parliament, the committee has suggested that the Centre should carry out a study and explore the possibility of revising the existing salary and allowances of the judges. There is no doubt that our judges are poorly paid even though they shoulder a huge workload. This is one of the reasons why the judiciary finds it difficult to attract talent and persons with experience. India has a fairly well-evolved system of justice and a strong legislative background. But it suffers in the enforcement of regulations. Delay in enforcement is evident in the long time taken for judicial proceedings to come to a conclusion. The main reason for the inordinate delay is the lack of adequate investment in the justice system. The number of judges and the courts and the infrastructure are quite inadequate to handle the mind-boggling load of cases. Clearly, if things have to improve in the judiciary, the number of courts, judges and the supporting staff should be increased. Simultaneously, the judges should be given a higher remuneration, treating them as a separate class. Those in the subordinate judiciary need special attention, as it is the first point of contact with the justice delivery system for ordinary citizens. On matters of pay and pension, the judges cannot be clubbed with the executive or, say, IAS officers. The latter join service at a very young age, which is not the case with the former. That is why judicial officers get very few promotions and a low pension. Thus, the recommendation for a higher pension for the judges is just and reasonable. Since we have a graded system of judicial service in the states and the Union Territories, the salary level of the High Court judges should act as a benchmark while raising the pay scales of the judicial officers in the subordinate judiciary.
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High-voltage protest DELHI'S power crisis has pushed citizens on to the streets to protest, encouraged Chief Minister Sheila Dikshit’s detractors to play politics, fuelled public resentment, and put a question mark on power reforms. That the situation has been mishandled is obvious. A 10 per cent power tariff hike on July 7 has angered residents, already tired of irregular power supply, faulty meters and inflated billing. The regulator hiked the tariff on the basis of the revenue gap projected by the power distribution companies
(discoms). When the protest got louder and spread wider, the companies denied they had asked for a tariff rise. The regulator stood with an egg on the face. Ms Sheila Dikshit first distanced herself from the standoff, hoping the regulator would settle the matter. With media hype building up, more and more residents joined the protest, refusing to pay the enhanced tariff. When finally forced to react, the Chief Minister ended up defending the tariff hike, which means the
discoms. Her political opponents seized the opportunity to score points. As the stir lingered, the Chief Minister took an about-turn and threatened BSES distribution companies with licence cancellation if the issue was not sorted out. BSES sacked its CEO Rakesh Agarwal. There the matter rests Reform opponents are bound to cite the Delhi experience, like that in Orissa before, to scuttle the move to unbundle and privatise state power boards. Electricity distribution was privatised in Delhi in 2002. BSES and the Tata-controlled NDPL took up the job. Most complaints emanate from the areas covered by
BSES. The government erred by guarantying 16 per cent returns to the companies on all investments. This meant a higher tariff and a higher subsidy. This also meant less pressure on the companies to check power theft, cut costs and invest in infrastructure. Abolish assured returns so that the companies shed fat and complacency and ensure competition so that consumers have a choice. Otherwise, the power reforms would get a bad name all over the country.
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In language, the ingorant have prescribed laws to the learned. — Richard Duppa
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Turmoil in the BJP TO say that the Bharatiya Janata Party is in a crisis would be an understatement. It would seem that the party has lost its mooring and is undergoing a period of intense turmoil before it can re-invent itself or revert to its traditional constraining ideology. Mr L.K. Advani’s remarks on Jinnah in Pakistan are now history, but look at the state of the party today. The party president has lost his moral legitimacy after being read the riot act by the BJP’s mentor, the Rashtriya Swayamsevak Sangh. For a time, the second string of the party leadership was scrambling for the top prize. When it became clear that Mr Advani would leave the presidency at a less embarrassing moment, the would-be successors calmed down. The results for the party have nevertheless been little short of disastrous. Mr Yashwant Sinha chose to be vocal about Mr Advani’s assessment of Jinnah without inviting an immediate rebuke, but when he dilated upon the inadequacies of the party Chief Minister, Mr Arjun Munda, in Jharkhand, he was taken off the panel of party spokesmen, with signs of little regret from the former Foreign Minister. Mr Advani’s untenable position has, indeed, invited a rash of revolts from the states the party rules. Gujarat, simmering for a long time, came to the fore again, with dissidents led by the veteran Keshubhai Patel making high profile visits to Delhi. Ironically, the RSS icon and Gujarat Chief Minister, Mr Narendra Modi, supported his party president and was, in turn supported by Mr Advani against the dissidents. It was the RSS chief, Mr K. Sudarshan, who gave the appellation of prostitute to politicians. In Madhya Pradesh, the party chief minister, Mr Babulal Gaur, wears an uneasy crown, challenged as he is at various levels by his predecessor, Ms Uma Bharati. The stormy petrel that she is, she is apparently assessing her options before raising the battle cry again. Precariously, Mr Gaur has completed one year in office. Mr Murli Manohar Joshi, on his part, has made no secret of his aversion to Mr Advani’s newfound love for Jinnah’s secularism. And, in an extraordinary twist, the veteran BJP Delhi leader, Mr Madan Lal Khurana, baited his party president by first criticizing him and then seeking Mr Modi’s resignation. Not receiving an immediate reaction, he publicised the letter he had sent to Mr Advani to be served a show-cause notice, which took days to travel to him. Indeed, many of the prominent and not-so-prominent members of the BJP are bent on publicly ventilating their frustrations, to the discomfiture of Mr Advani and all those who hold the party’s interests dear. It is a plague that is in danger of spreading unless drastic remedial measures are taken. The stock of the former Prime Minister, Mr A.B. Vajpayee, is not uniformly high, split as the party is on ideology. His support for Mr Advani averted an immediate crisis only to store up more trouble for the party, as recent events amply demonstrate. What has brought a party that prided itself on discipline and moral probity to its present sorry plight? It would seem that the party is trying to follow the example of the Congress in a fast forward mode. It was in power at the Centre for a brief six years but displayed a penchant for cutting corners and exploiting opportunities the Congress took decades to learn. And having tasted power in New Delhi, the BJP has been unable to reconcile itself with sitting on the opposition benches again. The RSS, for its part, was mostly content while the BJP was in power because its agenda was being furthered through the placement of its men and women, such as Mr Modi, in key positions, the promotion of a blinkered view of history and the new textbooks that would, over time, influence a new generation on the virtues of the RSS philosophy. There were other perks such as grant of land for Sangh Parivar institutions and introduction of courses on astrology in universities. Once the BJP was out of office, the RSS resented the streak of independence the party had developed by being less than enthusiastic in taking up hoary issues like Ayodhya and there was also the perception that men of the order of Mr Vajpayee were less than reverential to their mentor. Mr Sudarshan’s outburst against Mr Vajpayee and Mr Advani in a television programme, asking them to retire, was amazing. And for good measure, he let it be known that Mr Vajpayee’s tenure in office was not particularly distinguished, driving home his point on another occasion by praising Indira Gandhi for winning the Bangladesh war. The message the RSS wished to convey was clear: it was time for Mr Advani and Mr Vajpayee to go, in that order. What was tolerable when the BJP was in power was intolerable now. And the party’s loss in the election was laid at the door of it having strayed away from its Hindutva norms. The problem for the BJP leadership was that if it reverted to its old postures, it would spoil its chance of returning to power in a coalition because it would not be able to win a majority of seats on its own. As it is, some of the constituents of the National Democratic Alliance such as the Telugu Desam are beginning to peal away. There is a deeper dilemma for the BJP. To think of Mr Advani doing a rath yatra across the country painting it red, as he once did, is inconceivable. Ayodhya is a tired political issue and although the BJP can raise the communal temperature if it wants to, it would not lead it very far. The basic question for the BJP is how it can become an established centre-right party without the baggage of espousing antiquated ideas of reviving a mythological India. And if it would decide to do so, can it survive as a political force without the dedicated volunteer force of the RSS, which has been a crucial factor in winning elections? The planned executive committee meeting cannot resolve this dilemma because a mere tinkering with the problem or declaratory statements will not suffice. The wise men and women of the party must sit together to devise a new charter while endeavouring to take more reasonable RSS men with them. The 21st century requires changes in the mindset of people and parties.
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Telephone calls SCHOOLS had not yet adopted answering machines and, since I live alone, I answered all calls to my residence phone myself. There was the father of a student from Ludhiana who called three times a week, at eleven thirty at night, to tell me that he was at his club having a drink and that he missed me. Then each time, he would go on to give me a sordid story of marital discord and a particularly acrimonious divorce. “My poor son,”he would say between sobs. “You are all that he has. I beg of you, look after him.” Equally persistent was the lady from Bhubaneshwar who would ring up at three in the morning to check if her baby had been able to sleep without her. Then there was the PA to a minister from Patna, who rang once a fortnight at 8.07 a.m. to ask if the minister’s twin daughters had received their chocolate cakes — always chocolate cakes and always at 8.07 a.m. I learnt to take these calls in my stride, and, in a perverse way, even came to look forward to them. Then a new dimension was added to the eccentricity of my telephone calls. In the middle of a Housemasters’ meeting my phone rang and, without preamble, a breathless, female voice asked: “Do you stitch ladies suits?” “Yes,” I replied without a moment’s hesitation. “We do stitch ladies suits”. “How much do you charge?” “It depends upon the material: a hundred and fifty rupees for cotton and three hundred for silk.” My staff struggled to keep straight faces. “I have four metres of excellent Chinese silk. Can I bring it over?” “Four metres?”I asked, raising my voice by four decibels. “Four metres is barely enough for the salwar.” I turned, to resume my meeting, but my Housemasters had abandoned all efforts at self-control and it took time to restore order. Another time it was a young man who called: “I believe you stock a wide variety of imported liquor.” “Yes”. This was not strictly true: I had only one and one third bottle of ‘Teachers’ in my stock. “What do you want?” “What do you suggest? My girlfriend’s father is coming to dinner, he is a retired Major-General.” “I would suggest a double malt — a Glenlivet or a Glenfidich. Even a retired general would be impressed.” “How much does that cost?” The nervousness was thick and heavy. “We’ll give you a special price — three thousand.” “Oh!” The relief was palpable. “Will one bottle be enough?” “Absolutely. Generals never drink more than two chhotas.” “I’ll get in touch with you again. Thank you. Thank you very much. You’ve saved my life.” “Not at all. Glad to be of help.” It is indeed a heady feeling to have graduated from a tailor to a bootlegger and I am sure the day is not far off when my anonymous callers will promote me to being a drug dealer or —(dare I hope?) perhaps even a contract
killer! |
Challenges of disability INDIA happens to have the largest number of persons with disability in the world,with the 2001 census estimating their number to be 22 million. The actual number could be more than twice as much. The challenges of having a severe physical disability are serious enough. Ironically, the community hardly plays a constructive role to ameliorate their lot. On the contrary, the problems of a physically challenged person become all the more insurmountable because of the prejudice of society and the mindset of the system. At best what he gets is pity. At worst it is open discrimination, leading to exclusion and isolation. On paper, he has numerous civil, political, economic and social rights. But in practice, these constitutional guarantees are only a wishful dream. The Constitution of India prohibits discrimination on grounds of religion, race, caste, sex or place of birth but does not explicitly mention persons with disability as a group to be protected against discrimination. To create a culture in which the human rights of all, particularly of the marginalised sections, can be promoted and protected, the National Human Rights Commission has come out with a Disability Manual to sensitise and educate lawyers, NGOs, academics, human rights activists and the general public in their work as well as their daily interactions so that the disabled can be removed from the periphery of academic discourse and integrated solidly with the community. It not only enumerates disability laws like the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, but also highlights the unfortunate fact that within a period of 10 years of enforcement of this Act, its weaknesses have also surfaced in the absence of a powerful implementing instrumentality. Although a committee was constituted to review the Act, no concrete proposal has been moved to Parliament so far for plugging the loopholes. Instead of considering disability only as a condition grounded in the physiological, biological and intellectual impairment of an individual, the manual also incorporates the social and human rights definitions of disability. That in itself is a major step forward. Article 14 of the Constitution says that “the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. But the Disability manual poses a searing question: can persons with disability exercise their full legal capacity in the absence of explicit protection? The answer, apparently, is a resounding no. Interestingly, disability is defined here from a perspective that emphasises social conditions which disable a group of individuals by ignoring their needs of accessing opportunities in a manner conducive to their circumstances. The manual notes an inherent limitation of the welfare model. It treats only the manifested symptoms of a problem rather than treating the problem itself. So, while it is necessary to eradicate diseases like measles, leprosy, polio, goitre and rubella, etc, it is also imperative to take into consideration factors like wars, civil conflicts, poverty, overcrowding and unhygienic living conditions; constraints of resources, geographical distance and physical and social barriers, industrial, agricultural and transportation-related accidents, natural disasters, stress and psycho-social problem. Poverty and disability influence each other and their combination creates new forms of barriers. In India, the direct cost of treatment and equipment in the case of people with disability varies from three days to two years’ income, with a mean of two months. Malnutrition is a cause of disability as well as a contributory factor in other ailments that increase susceptibility to disabling conditions. Due to the lack of food and nutrition security for the poor, about 30 per cent of all infants born in India weigh less than 2,500 grams, which is the WHO cut-off level to determine low birth weight with a lower chance of survival and high risk of disability. So, it is extremely important to address such deficiencies. Around 90 per cent of the workforce in India is in the unorganised sector, which is characterised by low levels of technology, low standards of safety and hazardous working conditions. Occupational casualties and disabilities can be brought down to a great extent by creation of just and fair conditions of work. The manual notes that unplanned cities with narrow roads, rapid growth in number of vehicles and disregard of traffic regulations have been responsible for increasing the number of road accidents in India. If current trends continue, road accidents may become the leading cause of death and disability in the country. Improvements in vehicle design and medical facilities, as well as stronger enforcement of traffic regulations concerning compulsory use of seat belts (in cars) and helmets (motor cycle use), and restriction on alcohol and other intoxicants need to be treated more seriously than they have been. Wars and violent crimes too have added to the ranks of the disabled. When law-enforcement agencies themselves commit acts of torture and inhuman treatment, particularly to persons in detention, there are hardly any studies that have analysed the nexus between disability and crime. Thus there is need to study disability as an overall challenge instead of a stand-alone problem. This manual on “Human Rights, Disability and Law” can prove to be an effective advocacy tool for organisations of disabled persons and NGOs working in the area of disability and human rights. It can also serve as reference material for universities and law schools to design curricula for undergraduate and graduate studies programmes on disability law and to incorporate disability issues into courses on the family, criminal, corporate and labour laws.
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Why some become alcohol addicts? ONE question that interests psychologists is this: why is it that some people can take or leave alcohol or cigarettes, while others become addicted? If scientists can unravel this puzzle, it could provide new ways of weaning people off drink and tobacco. New research by scientists at the universities of Bristol and Oxford has added an important piece to the complicated jigsaw of addiction, which is made up of subtle interactions between molecular, genetic, social and environmental factors. The researchers are focusing on the neurotransmitter dopamine, a chemical that is released in the brain in response to activities that we associate with pleasure. These activities can include anything from eating when we are hungry, or drinking when we are thirsty, to having sex. The release of dopamine is the brain’s way of rewarding us for carrying out functions that are essential to our survival, and motivating us to carry on doing these things. However, some chemicals, such as nicotine, alcohol and cocaine, can also elicit a dopamine rush - and paradoxically these substances are more likely to harm us than help us to survive. “With food and sex and other natural stimulants, the brain rewards you with a modest release of dopamine, so that you learn that these behaviours are worth persisting with,” says Dr Marcus Munafo, an experimental psychologist at Bristol. “With nicotine and alcohol you get a much more powerful release.” But why doesn’t everyone who tries alcohol or cigarettes become addicted? One strand of research that scientists around the world have been following is based on a natural variation in people’s dopamine systems. When dopamine is released in the brain, it exerts its effect by docking on to specific protein molecules in nerve cells called dopamine receptors. Several years ago scientists identified the genes that encode the dopamine receptors, of which there are five types. Studies showed that one class of dopamine receptor, called D2, was the one involved in the effects of nicotine and alcohol. Importantly, it turned out that there are a small number of variants of the D2 gene that occur throughout the population. Some variants, including one called Taq1A, result in a relatively lower density and distribution of the D2 receptor, while others result in a relatively higher density and distribution. Munafo and his colleagues were given access to two health surveys, which included data about people’s lifestyles — including their smoking and drinking habits — and, crucially, had blood samples for each respondent. Using modern techniques for genetic analysis, the researchers were able quickly to ascertain which type of D2 gene variant each respondent possessed, and to see if this was reflected in the individual’s drinking habits. “What we found was that, on average, people with the lower-density variant drank two units of alcohol a week less than those with the higher-density variant. In other words, if you are within the group with the lower density of D2 receptors, you are likely to drink less than the group with higher density. However, this same group is more likely to produce alcoholics.”
— The Independent
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Delhi Durbar ANDHAR food is turning out to be real hot, especially among MPs from Tamil Nadu. The other day Finance Minister P. Chidambaram hosted a dinner for all MPs from Tamil Nadu. Ideally, one would have thought the law-makers would have preferred a pure Tamil palate to be laid out. That was not the case. The dinner was hosted in Andhra Bhavan and, needless to say, the food would have been full of Telugu spice. One does not know whether PC himself opted for the venue and the food or did it at the instance of his guests.
Uma does it again Uma Bharti has a knack of creating controversies. On the women’s reservation Bill too, by playing the OBC card, she surprised BJP bigwigs. A couple of days after the BJP had declared that it was ready to back any Bill that had political consensus, Ms Bharti raised the issue of reservation within reservation, asserting that she was in favour of reservation for OBCs in the 33 per cent quota for women. The most annoying remark of Uma to the BJP Central leaders was her assertion that there had been no discussion within the party over the women’s reservation Bill for the last eight years.
Rahul Gandhi in Kabul Much thought has gone into Rahul Gandhi being made part of Prime Minister Manmohan Singh’s entourage during his two-day trip to Afghanistan. The idea is to groom him for bigger tasks as also to give a signal to the Congress rank and file. The talk in party circles that Rahul is going to be appointed Congress General Secretary in charge of the organisation like his late father Rajiv Gandhi, is yet to materialise. Even though Rahul was not expected to steal the thunder, Afghanistan President Hamid Karzai is not going to miss the import of Rahul’s first foray abroad with the Prime Minister and that too to Afghanistan.
Seven elders retire Touching scenes were witnessed in the Rajya Sabha last week during the farewell speeches to mark the end of the tenure of seven members. Three retiring women members, in particular, made emotional speeches laced with poetry. Prime Minister Manmohan Singh intently listened to all the speeches and paid glowing compliments to the parliamentary skills of the colleagues who were retiring. Witnessing the camaraderie among the members of various political hues, who normally make efforts to pull down one another, Chairman Bhairon Singh Shekhawat said he had not witnessed such a farewell session before. Gen Shankar Roy Choudhary, who was among those whose term ended, evoked smiles with his anecdotes. Mr Choudhary said that one line he heard often was: “I don’t want to politicise this issue, but....” Members couldn’t help laughing at the frankspeak. Contributed by Gaurav Choudhary, S. Satyanarayanan and Prashant Sood.
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From the pages of Extension to judicial officers There is, we must say, a general complaint about the policy followed by the Government in granting extension to those officers who have served the full period ordinarily prescribed by the rules. The wisdom of this policy is a mater of question. There may be something in its favour if an officer of exceptional ability and merit is allowed to remain in service beyond the prescribed period, and that, too, for the purpose of enabling him to give the finishing touch to any work that may require his special knowledge and experience. But to permit a man to continue in the service beyond his term merely because he still appears to be in good health and because he makes requests for lingering on, is indefensible. At this stage of life it is seldom that a man can bring the required vigour, zeal, intelligence, promptitude and activity to the work entrusted to his care…. It is necessary that the vigour in the administration may be kept up to a required standard and this can only be secured by making every officer retire when he completes the prescribed period of service or is 55 years old.
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Time is precious. Don’t waste it by moaning about what you have not done. Look at what you have and be happy. That is the way to tranquillity. All wise people follow it. — Book of quotations on Hinduism Making a success of the job at hand is the best step toward the kind you want. — Book of quotations on Success The Almighty God, sitting alertly in each individual, guides the actions of man according to his will. — Kabir
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