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Nuclear commitments Punjab farmers’ lot |
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Lack of will
A law for the office
The red-carpet dinner
Speedy justice The violence after Rajkumar Promote tourism, create jobs
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Nuclear commitments The US quietly trying to prevent India from carrying out nuclear tests as a part of its military programme is not unexpected. Such attempts are possible when the two countries are in the process of giving effect to as significant an agreement as the civilian nuclear deal, signed by Prime Minister Manmohan Singh and President George W. Bush. But no government in India can afford to agree to have any binding clause in the document of the deal that can come in the way of the country maintaining nuclear deterrence. That is why India has straightaway refused to entertain any nuclear test ban idea with the External Affairs Ministry spokesperson making it clear that New Delhi is bound to only “continuing its commitment to a unilateral moratorium on nuclear testing”. The Americans too know it well that India can never commit itself to giving up its right to upgrade its nuclear arsenal as demanded by its national interests. After all, India has two nuclear weapon powers in its immediate neighbourhood. In such a situation there is no point in India agreeing to a deal which can be dismantled once the country goes in for a nuclear test. In any case, India has been of the view that it cannot destroy its strategic assets so long as all other nuclear powers agree to do so. This is the guiding principle why India has not signed the Comprehensive Test Ban Treaty. The July 18 Manmohan Singh-Bush Joint Statement, which is the basis for finalising the Indo-US nuclear cooperation agreement, talked of only the unilateral moratorium which India has already been sticking to in any case. But India reserves the right to end the moratorium whenever New Delhi finds its security under threat. The issue, hopefully, will be sorted out by the two sides, which are currently discussing it. India has made its position clear. Now it is the responsibility of the Bush administration to ensure that nothing stops the two countries from going ahead with the commitment they have made to each other. |
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Punjab farmers’ lot The need for coming out of the wheat-paddy cycle is unexceptionable. But this switchover cannot be done at one go. After all, the country does need wheat, and lots of it. Nor is it possible to tell farmers not to grow wheat or paddy in places where there is no suitable alternative. As such, keeping the wheat MSP pegged artificially low to induce a shift from the high-volume-low-value crops to high-value-low-volume crops is not very farmer-friendly. That will only make their life more miserable than it already is. The government’s expression of its inability to help them would not have sounded quite that hollow if it were not importing wheat at prices much higher than what it is willing to pay to them. Surely, it has to take care of the interests of its own farmers first. Like in most other countries — even those in the developed world — the government has to come to the rescue of its farmers. The input costs have increased considerably. Not only that, the kisan also has get decent returns on his investment and labour if he is not to get disillusioned with farming. After all, he too is to buy some essentials for himself and his family, the prices of all of which have increased substantially. If farming is to become totally unremunerative, there is a very real danger of farmers saying goodbye to this hardy vocation and deciding to prefer less backbreaking jobs which most of them think are available in cities. That will only increase the exodus to the urban areas, a trend which is already putting tremendous strain on civic amenities there. Looking at the farmers’ demands sympathetically can prevent the situation from going out of hand. The first thing that the leaders and economists have to realise is that the so-called prosperity of farmers in Punjab and Haryana is somewhat exaggerated. Except for a few who have escaped land reforms through the benami route, almost all farmers are in dire straits. Suicides by many of them stand a mute testimony to their plight. This proud but hapless section has filled the grain basket of the country through many personal sacrifices. The least that the grateful nation can do for them is to fulfil their basic needs. |
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Lack of will REPORTS about the modified mid-day meal programme launched in government schools in Chandigarh on Monday are hardly inspiring. The authorities concerned are pessimistic while the programme itself suffers from many infirmities as witnessed on its first day. What is lacking is the determination of the school authorities to make it a success. They have innumerable complaints – from lack of time to lack of funds and utensils – to make about providing a wholesome cooked meal for their students. It is for these very reasons that the programme has been a dismal failure in the Union Territory and the neigbhouring Punjab and Haryana. Seen against this dismal backdrop, it is difficult to believe that the region boasts of its tradition of serving food to the needy. At the heart of the matter is the lack of will. Studies have found that at least one proper meal a day is necessary for the physical and mental growth of children. Such a meal will also attract children to the school and reduce the high dropout rate at the primary stage. The programme was started as a populist measure by the M.G. Ramachandran government in Tamil Nadu but today educationists and nutritionists are one in favouring its extension to all the needy children. Punjab, Haryana and Chandigarh are one of the richest areas but the long queue of children in the government schools on Monday proves that mid-day meal has its attraction to the students in this region too. It is precisely for this reason that the Supreme Court had made it mandatory for the states to implement the programme in their primary schools. Far from implementing it in the desired manner, states like Punjab have been devising ways to circumvent the obligation by providing foodgrain to the parents. They have also tried distribution of substitutes like ‘matti’ and biscuits, which are deficient in many vitamins and minerals. Instead of looking for excuses, the school authorities would do well to put the programme in order so that the needy children are not deprived of their right to have at least one full meal a day. |
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The world is a comedy to those that think, a tragedy to those that feel. |
A law for the office
The question of “Office of profit” has been finding very prominent mention in the national discourse ever since Mrs Jaya Bachchan was unseated from the Rajya Sabha and even more since Mrs Sonia Gandhi resigned from the Lok Sabha and the National Advisory Council. Much has been written describing what is an office of profit and what may not be one, and what does the Constitution say in Articles 102 and 103. What seems to have been missed in all this excitement is that this might simply be a question of the rule of law. The episode tells us a lot more about the presence or absence of the rule of law in the country than is apparent on the surface. For a deeper insight, we also need to remember two of the recent high-profile cases, those of Jessica Lall and Zahira Sheikh, which have focused attention on and generated a lot of debate about the criminal justice system in the country. Two subsequent cases — those of Mehar Bhargava and Irfan Hussain — and one even earlier of Nitish Katara provide enough evidence (if any more was still needed) that while criminal law, as it exists, may be fine, its implementation is extremely selective and is really very far from what is needed. It seems clear that it is not at all difficult for the rich and the powerful (whether through political connections or muscle-power) to circumvent the law which practically makes them above the law. It also shows that the law exists for and applies to only those who are not able to “manage” the system. But why does the implementation of the law not happen? Many possible explanations for the lack of implementation have been put forward by several commentators such as poor working conditions for the police; a combination of investigating, prosecuting, law and order maintaining agencies; the shortage of judges; the absence of an alternative dispute resolution mechanisms; the lack of social responsibility and professionalism in the legal profession; and so on. But, sadly, none of these seems to take implementation to its logical conclusion. While such factors do contribute to the explanation of inadequate implementation up to a point, they fall short of going to the root of inadequate and ineffective implementation. Implementation does not happen in a vacuum or at the sweet will of the implementing authorities or agencies. Implementation is also governed by legislation, and rules and procedures formulated for the purpose. Is it that our legislatures do very well in formulating substantive legislation (specifying the content of the law) but are not able to acquit themselves the same way while formulating the procedural legislation (laying down the process for implementing the law)? Not really. Our procedural law is also equally good but somewhere between the formulation of procedural law and actually carrying it out on the ground, the link gets broken. Why the link breaks and who causes its breakage are not mysteries. The answer — which should be obvious to any discerning observer but is often not talked about because it is not “politically correct” in today’s environment — is political intervention. The overwhelming majority of the political establishment has amply demonstrated its intentions about effective implementation (or otherwise) of laws in the past. History seemed to repeat itself with the report that the government was contemplating the issuance of an ordinance after having Parliament unprecedentedly adjourned to amend the Parliament (Provision of Disqualification) Act, 1959, to prevent the disqualification of some leading lights of political parties from Parliament for holding “offices of profit”. This time, however, consensus evaded the political establishment as some political parties felt that embarrassing other parties, even in the short run, was more enjoyable and useful than looking for common benefit of the political class as a whole, and, therefore, the ordinance was not issued. Now the government is thinking of reconvening Parliament and introducing a Bill to amend the Parliament (Provision of Disqualification) Act, 1959. The exact contents of the proposed amendment are still being debated as the search for something that will satisfy the needs of all important constituents of political establishment continues. What is being missed in all this is Article 14 (of Part III, Fundamental Rights) of the Constitution titled “Equality before law” which 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.” It is evident that every person does not have equal protection of the law because implementation of laws is manipulated, and when that becomes impossible or inconvenient, laws can be and are indeed changed to ensure that the favoured persons are not inconvenienced. This shows up clearly when we see criminal cases like those of Jessica Lall, Zahira Sheikh, Mehar Bhargava, Irfan Hussain and Nitish Katara in a combination of civil cases such as those of Mrs Jaya Bachchan and others under critical laws such as the Representation of the People Act which go to the core of our democracy. This brings us to a crucial question: will there be rule of law in the country? A ray of hope for the legal system as a whole flickered very briefly not only from the latest developments in the high-profile criminal cases but also from the expulsion of Mrs Jaya Bachchan from the Rajya Sabha. Without going into the merits of her expulsion from the Rajya Sabha, one can confidently say that this was one of the rare instances where a law, the Parliament (Prevention of Disqualification) Act, was implemented, possibly the way it was intended to be implemented when it was framed. This implementation of a civil law provision coupled with the usage of criminal law provisions appropriately in the Zahira Sheikh and Jessica Lall cases was what provided the ray of hope on the legal horizon. Effective implementation of the existing provisions of the law in these high-profile cases is, most probably, only a happy coincidence. Can we look at this as an emerging trend? The answer, in all probability and logically speaking, is “No” because in the current disposition, it is the political establishment which has the responsibility to ensure implementation, and they have been known to play around with the laws to suit their and their ilk’s convenience. However, since in a democracy the buck finally stops with the citizenry, it is for the citizenry to insist on effective implementation by forcing the hand of the political
establishment. — The writer is a professor at the IIM, Ahmedabad, and a founding member of the Association for Democratic Reforms.
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The red-carpet dinner
Desperate situations call for desperate measures. My son had been home for a month, but we kept different timings. We hadn’t spent much time together. I sent him an invitation to dinner, one of those: “... requests the pleasure of ... etc” things and I was told that the restaurant was extremely popular and so I took the precaution of booking a table for two. We were greeted by the manager, a broad smile on his priestlike face and handed tiny bouquets of red roses. I was embarrassed by the colour but appreciated the public relations gesture. Our drinks arrived, they were an excellent imported scotch — something we had not ordered. I pointed this out to the manager, who smiled again and said: “Its all on the house.” I realised that we must be the 10,000th guests or some such thing and sat back and enjoyed my drink. When we tried to order our food the manager said that a very special meal had been cooked for us and we must trust him. We did and I am glad for it because it was a truly splendid meal. After the meal we were offered cognac and cigars. This was too much even for the 10,000th guests and I called the manager over and quizzed him. “Our proprietor was here when your booking was made, sir. He recognised your name and took personal charge of everything - even the flowers on the table.” I had noticed the discreet but beautiful display of orchids that he indicated. I caught the smile on my son’s face. He didn’t say it in words but his eyes said. “Not again!” I had been the recipient of kindness from former students and parents of former students so often that it had became a bit of a joke in the family. We declined the offer of coffee. But there was more to come — there were four huge, really huge, boxes of confectionary waiting for us in the car. The next morning I got the name and contact number of our host. I am usually good at names but this one failed to ring a bell. I called him up and thanked him. “Don’t embarrass me Doctor Sahib. It is nothing, considering that you saved my life.” “Saved your life?” I may have given his child a mid-term admission. But surely that didn’t deserve such hyperbolic description. “You’ve forgotten, but I haven’t. Everyone had given up on me but you didn’t and I am still around. You must go back to the restaurant any time you want — I’ve told the manager to expect you. It will be my pleasure.” I know I should have enlightened him that I was a doctor of literature not of medicine and that I had had nothing to do with his miraculous cure. But I didn’t have the heart to do so. Neither did I have the heart to go back to the restaurant — it would be mortifying to find that the ‘real’ Dr Dhillon had been a guest and my ‘fraud’ had been
uncovered. |
Speedy justice Figures available with the Law Ministry show that at the end of November, 2005 there were 33,635 cases pending in the Supreme Court and 34,24,518 cases pending in the High Courts. The pendency of cases in lower courts crosses the figure of three crore. There are 116 vacancies of High Court Judges out of a total sanctioned strength of 675. Former Chief Justice of India V. N. Khare points out that 1.8 crore cases are filed every year and 1.5 crore are disposed of. The difference in input and output according to him is marginal, but there are reasons which he validly considers are responsible for delay in disposal of cases, such as lack of infrastructure. The population to judge ratio in India is 13.5 judges per ten lakh people as compared to 135 to 150 per ten lakh people in advanced countries. Budget allocation for justice delivery is meagre at around Rs 700 crore for 5 years, out of Rs 15,25,639 crore for a 5 year plan, which comes to 0.08 per cent. We have 13,000 judges including 26 Supreme Court Judges and 640 High Court Judges. One Judge on an average delivering 1,150 judgements per year is not able to meet the increasing number of cases. The judiciary has been entered in the concurrent list regarding which the Central and the States both can make laws. It has given rise to a number of legislations which in turn has increased disputes. Earlier it was in the Union List. Delay in delivery of justice is a common experience and denial of justice is now every body’s expectation. The last hope of the people is failing them. A Committee consisting of three Judges headed by Justice D.S. Tewatia, former Judge of the Punjab and Haryana High Court, examined all the previous case lists for calculating the number of cases filed and decided, the number of Judges working, the number of working days per judge and the number of cases disposed per judge. The conclusion was, had all the vacancies been filled, there would not have been a single case pending — whereas, there are 2,40,000 cases pending in the Punjab and Haryana High Court alone. The oldest was of the year 1969 and the old cases being listed for hearing are of the years 1980 to 1985. Equally bad is the inadequacy of funds, with courts lacking proper court rooms, and basic facilities such as furniture, fans, and stationery not to speak of computers or typewriters. Are there other reasons for multiplicity of litigation and are there other ways and means to cut them down? Why do people come to courts? Some times it is for petty disputes of boundaries, causing nuisance, encroachment, interference in possession, canal water or water course disputes, domestic violence and the like. These can be handled at initial stage by spot inspection, demarcation, preventive actions, conciliation by involving local people, and by effective decisive steps at administrative level. These cases form the major part of lower court litigation, in which, for example, on a complaint of encroachment, the report of the Patwari remains part of the controversy right up to the High Court. Instead, the officers should go to the spot, verify facts by redemarcation and try to solve the matter and pass effective orders. Similarly, other cases can be handled and decided effectively at the grass root level, by involving local people and local officers. There is then a general trend of denying signatures on documents, so as to prolong the matter, shifting the burden of proof on the other party. In the event it is proved, a so called document expert who has never attended a University appears as an expert witness to say that the signature or thumb impression, in his opinion, do not tally. This practice can be curbed by imposing a heavy cost, as in foreign countries, burdening the pretending party with entire expense of litigation and by regulating expert evidence. Unscrupulous litigants producing false documents, and witnesses making false statements, are mostly identified by courts in their judgements, but they are not proceeded against for perjury or forgery because of procedural wrangles. In some cases the complaint has to be filed by the court which decides the case. This is generally avoided as no presiding officer wants to become a litigant himself. The law needs amendment. The cardinal sources of increased litigation are corrupt government officers, or those ignorant of the law, who deliberately pass wrong orders for consideration, or under command of the politician, or for other ulterior motives. Law makers and law enforcers have by and large become law breakers. People have to rush to the High Courts for redressal of grievance by way of writ petitions or for directions in criminal matters. The High Courts do provide relief in genuine cases which is quite large in number. This unwanted and unwarranted spurt of litigation against the State and State officers is a major cause in delaying the disposal of other cases. The gravity of the situation does not end here. The High Courts pass orders, which some times are not obeyed. People have to then file contempt petitions against the officers. There are more than 3000 contempt petitions pending in the Punjab and Haryana High Court alone even though a large number of such petitions were disposed of on apology or undertaking given on the first appearance. The justice delivery system cannot remain content by providing some justice, though delayed. It has to identify hurdles and deal with them also severely and harshly. Corrective measures prompt intervention of law
enforcement agencies, and proper handling at the initial stage can reduce litigation significantly and effectively. |
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The violence after Rajkumar Terrorism in another form was very much apparent following the death of Kannada film industry icon Rajkumar recently. This terrorism has its roots in the culture of adulation prevalent in Karnataka as well as South India. How far people are ready to carry their adulation of film stars was showcased in Bangalore. Unfortunately it has only brought to the fore the inadequacy of the city to carry the mantle of the Information Technology hub of the country befittingly. Bangalore is perceived to be a city at peace with itself. So are the Kannadigas who are perceived as one of most tolerant people in the country, an image which is partly responsible for the growth of the IT industry in the city. However, they are fanatic about their heroes, be it
Rajkumar, Anil Kumble or Girish Karnad, who take on the status of demi-gods. This fanaticism makes fans rant and rave against the world following the “fall” of their heroes almost making “others” responsible for the act. However, in the case of Rajkumar’s death, what is surprising is that the fans who indulged in arson are in the age group of eighteen to twenty five. They are people who can hardly relate to the 78 year old actor who had his hey days before they were born and died of natural causes long after his retirement from the film industry. Ironically, these youngsters took up the mantle of being “fans” of the actor and not millions who grieved silently in their homes. There was no apparent reason for rioting and burning of vehicles but all this and more was done by mobs that instead of paying homage to their idol were gleefully getting even with a system in which they had no stake. All they needed was a spark to let loose their pent up anger against the system and the death of Rajkumar provided them this license. They accordingly proceeded to hit out at police personnel who are the most visible symbol of state might and also at buildings and property of big companies who are driving the growth in Bangalore. They alleged they were not being allowed to pay their last respects to their idol due to restrictions in movements towards his residence. This however did not stop thousands from congregating near the residence. Later, when the body was being taken to the Bangalore Palace grounds to facilitate public tributes, they literally ran loose destroying public and private property. For these fans you were either with them or against them. This did not help people from other States who have settled in Bangalore and run businesses here but are not conversant with its culture or language. These businessmen were the first to pull down their shutters after hearing about the death of the superstar. Later, when they perceived that their businesses were still under threat, especially those with glitzy glass facades, they put up garlanded portraits of Rajkumar outside their premises indicating they were themselves fans of the superstar. The same strategy was used by people wanting to travel safely on four wheelers during this period. Though the entire IT industry and big business houses closed shop for two days to avoid any adverse reaction against their premises, some companies still had to bear the brunt of mob violence. The fear psychosi generated by hoodlums masquerading as fans goes against the ethos of a global city, as Bangalore is presented worldwide. The city is expected to recover quickly with business ruling once again. However the damage done to its fabric will take longer to heal. Its heterogeneous mix of population will await the “fall” of the next idol with trepidation. |
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Promote tourism, create jobs In a scenario of rising unemployment, the Government of India is focusing on tourism as the biggest potential job market. In collaboration with the Commonwealth Youth Programme (CYP) Asia Centre, Commonwealth Secretariat which has its headquarters in Chandigarh, the Ministry of Youth Affairs and Sports is seriously working on the modalities of a project that seeks to infuse fresh life into India’s phenomenally diverse tourism sector. The World Travel and Tourism Council (WTTC) has already rated India as a must-see for tourism vibrancy but it has added that the country is among the less competitive tourist destinations in the world. If well tapped, the travel and tourism industry in India, the WTTC estimates, can contribute Rs 8,50,000 crore to the GDP. CYP has already conducted three national workshops in Jaisamler, Goa and Jodhpur on youth enterprise development in the tourism sector. The workshops have yielded valuable insights into ways by which auxiliary businesses like tour operations, hotels, excursions, therapeutic clinics, local handicrafts, banking and exchange etc can be developed around the primary tourism industry (eco, health nature, heritage, religious or adventure) operating in the region in question. Ms Raka Rashid, Regional Director, CYP Asia Centre, Commonwealth Secretariat, India says, “We have designed a module and training manual to enhance tourism’s economic potential for the youth. All we need to do is put in place certain institutions that can train students in the auxiliary businesses.” Studies corroborate GOI’s and CYP Asia Centre’s view on the economic prowess of India’s tourism industry. The International Labour Organisation estimates that proper handling of the problem of youth unemployment in South Asia would add $ 149 billion (a GDP increase of over 4 per cent) to the region’s economy. The ILO estimates that while the labour force in India will grow by 2.5 per cent annually, the corresponding figure for employment growth is 2.3 per cent. Ms Rashid could not agree more, “In 2003-2004 tourism contributed 5.83 per cent to India’s GDP; created 38.6 million jobs. Last year the number of foreign tourists grew by 17 per cent — the highest in 10 years. Foreign exchange earnings also grew at 30 per cent. The WTTC has already declared India as the fastest growing sector economy.” The project will strengthen auxiliary business which in turn will inspire young workers to develop small-scale enterprises capable of yielding monetary gains. The process, Ms Rashid says, will be facilitated by action plans for training of various stakeholders such as government agencies, local authorities, private sector, NGOs and training institutes Given the profile of India’s workforce — 70 per cent is illiterate or educated till primary level, 60 per cent is self employed, 30 per cent is casual labour and only 10 per cent is in public sector jobs — the joint initiative of the GOI and CYP Asia Centre will yield constructive results But while the project gets its final shape, the partners in tourism development will face the formidable challenge of making it ecology-friendly. |
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From the pages of
Question: You seem to be advocating what you call the unitary method in the solution of many questions. Will you explain it a little more fully? Answer (by M.K. Gandhi): It is as simple as it is sure. A contract or pact is between two parties. There is also consideration passing from one to the other. Such was the Lucknow Pact between the Congress and the Muslim League. The same thing could have been accomplished by the unitary method. Only then there could have been no compromise dictated by fear and distrust. The Congress could have done, according to its notion, absolute justice, i.e., yielded the maximum consistent with the welfare of the whole nation without the expectation of any consideration from the League. In a well regulated family the relations are governed by the unitary method. Thus a father gives to his children not as a result of a pact. He gives out of love, a sense of justice, without expecting any return therefore. Not that there is none. But everything is natural, nothing forced.
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Every man desires peace. But peace will come only after we let go of our petty desires. These cause small pinpricks and irritate us everyday. Forget them and all will be quite, serene and beautiful. — The Bhagvad Gita The creator himself is infallible and can never be led astray. — Guru Nanak |
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