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We must return to the
best traditions of democracy On
Record |
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Time to clear backlog of
cases
Reflections Profile Diversities
— Delhi Letter
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On Record
After
Mr K. Natwar Singh’s exit
from the Foreign Office, Rao Inderjit Singh has emerged as an important
Minister of State in the Ministry of External Affairs. The MEA’s External
Publicity (XP) Division has been brought under his control. In an interview to
The Sunday Tribune, he reiterates India’s demand for a seat in the United
Nations Security Council. Excerpts: Q: What changes do you propose in
the functioning of the XP Division? A: At present, the XP Division
primarily deals with official statements and documentation. This is extremely
important, but it must be able to project an image of India as a vibrant,
confident and modern nation which is making rapid strides in the economic and
technological fields. It must be in tune with the broad long-term vision of our
foreign policy objectives. Missions abroad must be more closely involved in
external publicity work. At present, each Mission has its own arrangement for
disseminating information on India. While the Missions should have the
flexibility to fine-tune their activities to suit local interests and
proclivities, they could be helped by the XP Division by sending separate
capsules which could be directly fed to the local newspapers daily via the
Internet or issued as bulletins periodically. Short publicity films on
thematic subjects are extremely useful in the Missions. The present stock of
publicity films is rather outdated. Our efforts should be geared up to promote
greater understanding and respect for these instruments abroad. Q: What is
India’s view on the ongoing negotiations in Hong Kong? A: India has
engaged in the ongoing WTO negotiations to ensure that its core concerns and
interests are adequately addressed. India’s approach is dictated by its
national interests and its objectives of stimulating economic growth and
development through trade. Negotiating objectives and strategies have been
developed based on analytical work and an intensive process of dialogue with
relevant stakeholders. For achieving the above objectives, India has joined the
like-minded groups on issues such as G-20, G-33. Discussions are also being
held by the G-20 with the G-33, G-90, LDCs, Africa Group with a view to
evolving consensus on areas of common interest. Q: Has India finally given
up its bid for the UNSC permanent membership? A: No, this issue is not on
the back burner. We feel that the reform and expansion of the UNSC, in both
permanent and non-permanent categories, is central to the process of UN reform.
The representation of developing countries as permanent members of the UNSC is
vital. Q: Has India committed a tactical blunder by throwing its lot with
countries like Japan, Brazil and South Africa for the UNSC campaign? Is G-4 a
dead grouping? A: The coming together of the G-4 (Brazil, Germany, Japan
and India) has been a significant development. The G-4 initiative has firmly
put the issue of UNSC reform at the centrestage of global agenda. The G-4 draft
resolution which was introduced in the last (59th) Session of the UN General
Assembly, had as many as 32 cosponsors and was also supported by a large number
of other countries. The G-4 has continued active consultations among its
members and with other member states, to carry forward its initiative during
the current session of the UN General Assembly. The G-4 unity remains intact.
Q: What new initiatives are in the pipeline by the IBSA Forum for forging
closer ties among India, Brazil and South Africa? Not long ago, it was said
that the IBSA Forum was upgraded to the Summit level and the grouping should
hold annual summits. When will that happen? A: Under the IBSA Forum,
trilateral cooperation is being established in various areas such as
agriculture, energy, transportation, defence, healthcare, science and
technology, etc. The next IBSA ministerial meeting is due in Brazil in March,
2006; an IBSA Summit is planned in Brazil in May, 2006. Q: There was a
clamour among many African countries for joining the Team-9 initiative launched
by India. Is Team-9 being expanded? A: True, the Team-9 initiative’s
success has led to demands from several African countries to join it. However,
India does not decide on the expansion of the Group unilaterally. In fact, the
Charter of Team-9 requires the decision on the Group’s expansion to be taken
in consultation with the original members. The Group agreed to the inclusion of
Nigeria. Requests from other countries, including Sierra Leone, Guinea, Gabone
and Cameroon are under consideration. Q: How many FTAs are being
negotiated with Latin American, Caribbean and African countries? A: We
have concluded a Preferential Trade Agreement (PTA) with Mercosur (Brazil,
Argentina, Uruguay and Paraguay). This will become effective shortly. A PTA
with Chile has been concluded last month. This will be signed soon. We are
exploring the possibility of a PTA with Mexico. In Africa we are exploring the
possibility of entering into negotiations for a PTA with the Southern African
Customs Union (which includes South Africa, Botswana, Lesotho, Namibia, and
Swaziland). |
Time to clear backlog
of cases The
judiciary is one of the three pillars of our democracy. It is the moral strength which has enabled it to sustain itself and the democracy. It has also successfully contained other mighty institutions from jumping out of their own spheres prescribed by the Constitution. The judiciary is criticised for the huge arrears in courts and delays in decisions. Clearly, litigation has increased by 10 times since Independence. The maximum litigation is against the state, both on criminal and writ side. Some years ago, an Advocate-General of Punjab, found that 50 per cent of cases pending in the Supreme Court were such that orders were passed without hearing the affected parties. This suggests that 50 per cent of civil writs could be reduced if officers passed orders after hearing. Vacancies is another problem. The fault is with those who have to fill the posts. The Law Commission says that for clearing all the cases in five years, the High Courts need 300 more judges and the subordinate courts need 6, 500. The figures do not include the effect of determined will and hard work of an enlightened team. Even if the government does not give more judges, let it fill up the vacancies first. With the amendment of the Code of Civil Procedure the routine civil cases will not cause problem. The difficulty is to tame the executive which has multiplied itself at the cost of every other institution. Most executive orders are being successfully challenged in the courts. This is the source of maximum litigation. Today every judge is over burdened. Their daily list is heavy. Dealing with over 100 judicial files everyday is very difficult. This has affected the quality of judgements. Sometimes, the facts are mixed and wrong decisions are made. The Supreme Court has recently developed the concept of curative writs, in addition to the right of review, to reduce the chances of error in judgement. The system of issuing “notice of motion” in each case also requires a second look. In early seventies, Justice Harbans Singh, the then Chief Justice of the Punjab and Haryana High Court, issued notice of motion to verify some questions of facts in the writ and not on any question of law or in civil, criminal appeals or revision. He used to advice the state counsel to file written statement only on specific paragraph or produce the record to verify facts. On the next hearing, after verifying the facts, writs were mostly decided. With the passage of time, the real purpose of notice of motion was lost and it became a routine. Now sometimes 10 or even more dates are taken only at notice of motion stage. There is need to improve this system to help clear the
arrears.
The writer is a senior advocate of the Punjab and Haryana High Court, Chandigarh |
Reflections Every
day there is something new to learn. All human activity has a message. Every opportunity arrives to teach. Something new keeps happening which re-ignites fresh thinking. Alongside attitudes get re-addressed, just when they seem to be getting static. Excitement and willingness to learn observe and imbibe leads to growth. I had one such experience which substantiates what I have just said. Past week I was invited to be an Editor of the day of a leading Hindi national daily, the Navbharat Times. I wondered what it would be like. Would it be a mere presence? Would it be a conducted tour? Would it be an occasion to observe how the news is gathered, analysed and presented for the day? Would it be a photo opportunity? Would it be an endorsement of the way they do their work? No. It was different. It was not anything of above. It was serious work. It was a total opportunity to learn and contribute. It was a rare insight. It was Right to Information in practice. It was an opportunity given to a reader to think along, understand and contribute. As I arrived in the afternoon after introductions with the staff, I was made a part of the evening editorial meeting and asked to chair the meetings. The real editor, Mr Madhu Sudan, sat next to me. He briefed me on the objective of the meeting. Each staffer/participant introduced him/her and presented the lead happenings of the day which could be considered for the editorial page. I heard them all. I was now to decide what I thought should be the lead editorial. This they said was my prerogative as the editor to decide. I gave them my view. A draft was written. I worked along with a writer. It was presented exactly the way I wanted it to be. I authenticated it by putting my signatures to it. I loved this new experience. It was so real. Now came the meeting for the rest of the news of the day, with a meeting of all key news gatherers. They one by one shared the news they had picked. We chose the important ones. I also selected the lead and the second story and the photo for the front page. I also asked if we could have a “page of hope”, something on the lines of sports page. This is the page in which readers get an opportunity to see news of inspiration and hope. Accordingly, the news was identified and the title of the page became, Asha ki kiran. This is something I had been wishing to see all the while as a reader. Today was an opportunity to do it. It was real editorship for the evening. Once this was all set it was time to go. It ended with a combined simple vegetarian dinner with ‘team Navbharat’. The next day when I came to my office I put this learning to practice. I asked my office to invite and include daily, in our afternoon meetings, one Chief of the Home Guards and Civil Defense, and the Chief Warden Civil Defense (Public Volunteer) representing their district. Delhi is jurisdictionally divided into nine districts. This meant we will have each district represented on an average a little less than twice a month in all our coordination /afternoon meetings. The afternoon meeting sets the priorities and incorporates a daily review of the progress made in implementation of earlier decisions. Be it planning, training, personnel matters, budget issues, upcoming programmes or generation of new ideas, etc. The presence of field representatives has already proved a source of correction progress and growth. The observations they make and the issues they state are valuable contributions. By their presence our afternoon meetings have become much more productive and progressive. What a discovery of a method which links us daily with reality! One of the many ways by which it enables a two-way communication in real terms: And I learnt it from the evening as an apprentice, with the Navbharat Times. I was wondering what a valuable practice this is to involve stakeholders. What if we in general governance adopt this as a regular practice? Particularly so when there are no matters of state security to be compromised! So much of mutual learning will continue to take place, in many varied ways. Is this not the best way of implementing the Right to Information and stay ahead in administration? It would be a proactive way against the reactive one in which information is given only because it is asked for…. We adopt various ways of winning trust and credibility. The departments pay for better image. Here is one of the most credible ways of winning trust and confidence without any financial implications. The choice is entirely of those in management and leadership positions. And for those who believe in real transparency and in the concept, “it’s never late to
learn”. |
Profile Exclusion
of Sourav Ganguly from the test team has not only sent shock waves in the cricket world but also “surprised and shocked” Sharad Pawar, the newly elected President of the Board of Cricket Control of India (BCCI). Pawar came to know from television about the decision of the seven-member selection committee to drop Ganguly. He immediately called up I.S. Bindra, Chief of Punjab Cricket Association, and his first question was “has the BCCI President forfeited the right to be informed of
the decision to drop Sourav?” Bindra has been quoted as saying that “Pawar has been shocked and surprised over the way in which the former Captain was dropped from the team”. He may talk to the selection committee about its controversial decision. But can he use his good offices to persuade the selectors to include Ganguly in the team? This is the only silver lining, albeit faint, in otherwise bizarre episode which threatens to end the career of one of the brightest star of Indian cricket. If the end has to come, this is not the way. Cricket no longer remains a gentleman’s game. No cricketer has, perhaps, evoked so spontaneous public support and so Unexpected support came for Ganguly from West Bengal’s film industry and one of the leading protester was the noted actress Rupa Ganguly. So much so that captains of Bengal’s film industry urged the people not to buy test cricket tickets as a protest against “humiliating” treatment meted out to former Captain of the Indian team. Support also came for him from erstwhile cricket luminaries and they include E.A.S. Prasanna, Syed Kirmani, Anshuman Gaikwad, Kirti Azad and Sandeep Patil. None of them feel that Sourav should quit because “he is of proven material and lot of cricket is left in him”. Dropping him for the third test defies logic, says Prasanna. There is another facet of Ganguly’s personality which has nothing to do with his cricket talents. The charges against him are that he sometimes creates an unhealthy situation within the team, lacks motivation and rubs off other players. Some call him arrogant, highhanded and disrespectful to senior team members. Now 33, Sourav has been known as the “Prince of Calcutta”. He is virtually revered and enjoys a God-like status in the city. If he is at home, huge crowd is seen in front of his palatial house. India’s most successful Test captain with a series of victories, he is also credited with adding steel to the side after taking over when cricket match-fixing was at its height in 2000. Sourav has the unique distinction of being an aggressive left-hand batsman and also an effective right hand medium pace bowler. His batting is perfect blend of elegance and power and all the traditional style that goes with left hand batsman. The manner in which he steps out and pounces on the ball is something that is to be enjoyed on the spot. Indeed, Sourav has emerged as most aggressive Captain India ever had and established himself as the key component of the team. He is often described as “the golden arm” of the squad. His ability to play shots on the off side is a speciality. There are few players who can hit the ball in that area. Ganguly began his international career when he was barely 19. His first exposure was during the Australian tour in 1991-92. His talent sparkled when he made 75 runs in 75 balls. He became a household name in India after the Sahara Cup in Toronto where he won several matches for India against Pakistan. When Indian team went to England in 1996, the selectors were on lookout for a young talented left hand batsman. Sarav came into the spot because he was an all rounder. His bowling is a big a help because he can swing the ball a long way. Few know that initially. Ganguly’s first love was football and cricket
came next. His elder brother Snehashish Ganguly was an established cricketer of Bengal. Having seen his brother in the cricket field, Sourav
asked his father to get him enrolled in a cricket coaching camp during the school holidays and he showed extraordinary talent. Sourav would have been just another right hand batsman, had it not
been for his brother who was a left-hander. Convenience was the only reason for Sourav to bat left handed as he could then use his brother’s cricket gear. Amazingly, he replaced Snehashish when he was dropped from the Bengal cricket team. This event marked the beginning of a glorious cricket career. Known as a deeply religious person, observing fast every Tuesday, Sourav was born in a wealthy family of Kolkata. His father, Chandidas Ganguly, is a baron in the printing industry. Sourav is happily married to his childhood sweetheart, Donna, an Odissi dancer. He prefers a quiet evening with her at
home. |
Diversities — Delhi Letter This
week I had attended one meet after another. Whilst I was hearing former Foreign Secretary Lalit Mansingh talk at the SAARC Charter Day, I couldn’t help but marvel at the inputs. He had connected Orissa to Sri Lanka (one of the foremost rulers of Sri Lanka was from Orissa) and yet be bemoaned, as most those foresighted, that how divided we are today. He said that as more earthquakes are likely to follow, it will be important for all the SAARC countries to get together to conserve water, energy and food resources. He suggested that along the lines of the European Union, the SAARC countries should form a union to take on any calamity — natural or manmade collectively. For a former diplomat, he was bold enough to be critical of our policies vis-a-vis SAARC, stating where we went wrong. He lamented that the civil servants begin to talk in the actual sense only after they retire. Why do they remain tongue-tied all those years whilst they are in service?, he asked. Apparently, the reason why civil servants cannot get critical of the government’s policies emerges because of a lopsided or misplaced view of nationalism. After all, healthy criticism is absolutely needed for growth and development. The importance
of Manas Professor Rashmi Doraiswamy’s latest book The Post-Soviet Condition: Chingiz Aitmatov in the Nineties was released recently. I was amazed to hear academics connect the Mansarover Lake to the famous Manas Epic of the Central Asian republic of Kyrgyz. It was stated that the Manas Epic is not just a masterpiece of verbal poetic creativity of Kyrgyz folk but also unique in terms of its size, artistry and substance. The word Manas is widely used in Kyrgyzstan and the outlying region. There is an ancient tower Manas in China and also a river by this name. There is a Manas river in the Himalayas. There is a Manas Pass in the Altay Mountains. There are villages named after Manas in Hungary and Dagestan. In the Aral Sea, there is an island named Manas. In Latin America and Spain, several places carry this particular name. Professor Doraiswamy’s book focuses on the post-Soviet life in the Kyrgyz Republic. She examines the works of the best known writers of the former Soviet Union, Chingiz Aitmatov. When we are moving into the tall and stately building of the Russian Centre of Science and Culture, for this book release, I was struck by the writing (on the wall at the entrance) — 60th Anniversary of the Victory over Fascism. This makes one realise the strong role the Soviet Union had played in defeating fascism. Six volumes
on Nepal Former civil servant Avtar Singh Bhasin has come out with volumes (six of them) on Nepal. After his retirement from the Ministry of External Affairs, he has taken up academic research. Though in reality it means writing documents and books and research papers on India’s foreign relations. As he states, “destinies of no other two countries in the world are so closely intertwined as that of India and Nepal…” Amongst other aspects such as political and socio-economic matters, he touches on the very basic thing that is water. “Nepal cannot run away from the ground reality that geography would continue to determine the spirit of relations between them. India is Nepal’s neighbour as no other country can be. To Nepal’s chagrin, neither China nor Bangladesh are in a position to provide succour on the water question .World Bank and the other western countries too have their own limitations ….” Last weekend saw the launch of Customary International Humanitarian Law Study, a study sponsored by the International Committee of the Red Cross (ICRC). It codifies for the first time the customary rules of warfare. To compile this document, it has taken 10 years of research and analysis by legal scholars from 50 countries. It includes 161 customary rules of warfare — the majority of which are applicable to both international and internal armed conflicts. It also deals with international practice based on military manuals, legislation, legal opinion related to customary law. Judge C.G. Weeramantry said in his concluding remarks that this volume ought to be read also by the civilians and should reach out to all sections. He said that this and the quotes should be compiled in a book form about what each religion tells its followers to do during warfare. Definitely, an interesting observation for many customary laws belong to ancient cultures and probably in practice before the concept of humanitarian law ever existed. I also feel that there has to be much emphasis on how to go about implementing these laws in today’s changing world order. Special health
mobile van For a country like ours with poor hospital facilities and lack of
outreach programmes, mobile health vans seem a sensible option. I first heard about this concept through Colonel S.C. Pant who has designed and launched several such mobile vans in different parts of the country. This weekend, one such mobile van was launched to help those affected by breast cancer in Punjab. It was launched by the Vice President of India Bhairon Singh Shekhawat and Delhi Chief Minister Sheila Dikshit in the presence of several others. Those who had come down from London were Keith Vaz and Jeremy Hughes. Of course, the man behind this entire outreach programme was A.P.S. Chawla. I was told that after Mr Chawla lost his wife (she died of breast cancer), he was determined to save as many lives of those affected by cancer. He founded the MKC ROKO Cancer Charitable Trust which launched this special van which will be based in
Punjab. |
The created world acts as a veil to those whose attention is fixated thereupon, blocking them from perception of reality beyond the immediate concerns of this life. “For them there is a great torment”. This is the torment of being blocked from real truth, in which alone are found certainty and peace. — Islam Remember that Maya keeps us in ignorance and entangles us in the world, whereas Daya makes our hearts pure and gradually unties our bonds. — Ramakrishna Realisation will not dawn on a person who cannot control his emotions and desires. They are like unruly horses which drag the chariot of his life in different directions ultimately getting nowhere. —
Bhagavadgita An education which does not teach us to discriminate between good and bad, to assimilate the one and eshew the other, is a misnomer. — Mahatma Gandhi |
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