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Caught in crossfire Abuse of PIL |
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Age of wisdom Employees can remain in service up to 60 ALTHOUGH the announcement comes too close to the election to be treated as a genuine welfare measure, the recommendation of a high-level committee set up by the Punjab Government that the retirement age should be increased from 58 to 60 will be welcomed widely.
Terrorism is an act of war
IIT Sunday
No laughing matter The guns of July DELHI DURBAR
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Abuse of PIL THE Supreme Court has directed the high courts to tread with caution on public interest litigation (PIL) petitions. It took a serious view of the flagrant abuse of PILs by some people for “personal, business and even publicity” purposes. It wants the high courts to be “extremely careful” to ensure that a PIL does not encroach upon the sphere reserved by the Constitution for the executive and the legislature. Unfortunately, the number of such petitions has increased over the years despite the apex court’s guidelines. Some petitions are filed just for gaining publicity or for settling personal and political scores. As a result, considerable time of the courts is wasted. In April, a three-member Bench headed by Chief Justice Y.K. Sabharwal imposed a cost of Rs 1 lakh on a petitioner who was not a public interest litigant in the strictest sense of the term and whose bona fides were suspect. Of late, PIL has become a tool of harassment as it does not require investment of heavy court fees as required in private civil litigation. There have been cases when deals were negotiated with the victims of stay orders obtained by filing PILs. Thus, as the apex court has observed, the abuse of PIL has become rampant. Consequently, genuine cases either recede to the background or are viewed with suspicion. Nonetheless, PIL is an inexpensive legal remedy for citizens who want to seek legal remedies in the field of human rights, consumer welfare and environment. As PIL is being misused with impunity, tougher measures are needed so that citizens can use this extraordinary remedy as an effective and potent weapon of social justice. The courts must follow the Supreme Court’s guidelines on the management of PILs in letter and spirit. They must ensure that the petitioner, while filing a PIL, is doing so not for personal gain or private profit. In any case, they should not allow the judicial process to be abused by vested interests. |
Age of wisdom ALTHOUGH the announcement comes too close to the election to be treated as a genuine welfare measure, the recommendation of a high-level committee set up by the Punjab Government that the retirement age should be increased from 58 to 60 will be welcomed widely. With better healthcare, citizens are in good shape for a longer period and they can be gainfully employed till the higher age. This can benefit the state also, considering that the experience they gained during their long stint can be put to good use. But when it comes to implementing the suggestion, there are bound to be complications. For one thing, Punjab is facing an acute overstaffing problem. That is why many of the posts which fall vacant are not being filled. Then there is also the resource crunch. In such a situation, keeping the employees in office for two extra years will throw up new problems. There is also the question of the unemployed youth waiting in the wings. Avenues before them will shrink further if the proposal is implemented. But the solution to this problem does not lie in showing the door to the employees at 58 even if they have productive years left in them. Instead, what is needed is generation of new jobs, not necessarily in the public sector. If industrialisation of the state takes place properly, many employment avenues can arise, to the relief of the unemployed whose ranks have been swelling because of stagnation. The high-powered committee wants demand of the employees for promotional scale on completion of four, nine and 14 years of service to be referred to the next pay commission, which is expected to be set up soon. But the Chief Minister has already made a commitment to the employees to give them this benefit at the earliest. This may pay electoral dividends but may also lead to upward mobility among a section, which does not fully deserve it. |
Terrorism is an act of war
IN the aftermath of the serial train blasts in Mumbai on July 11, the question uppermost in public mind has been, ‘’Why has India become the most affected target? Are we in a no-win situation against terrorism?’’ Since the mid-1980s, India’s share of terrorists’ incidents and civilian casualties has become the highest in the world. In its current phase, terrorist organisations seem to have perfected their modus operandi. Serial, high-intensity blasts in crowded places of metropolitan cities get them the best results — maximum damage and the loudest message. Such incidents require strategising, meticulous planning, extensive logistic support and trusted execution. Only large and well-organised outfits with considerable means, expertise and support can carry out such deeds. The graphs of terrorist activities showing countrywide sharp upward movement lately is a clear indication
that (a) the attacks are on India, not on any particular symbolic target. It is a proxy war against India. (b) India is becoming a soft state. (c) India’s external and internal security has got enmeshed as never before. Regrettably, despite long and hard experience, India continues to treat terrorism mostly as a law and order problem. There is ambiguity in our counter-terrorism policies between the states and the Centre, and lack of intelligence and operational coordination. Our inability to pursue intelligence leads vigorously, and to book the culprits to a logical conclusion is evident in most terror cases. The most important and possibly the most difficult counter-terrorism requirement is preventive intelligence. Post-Kargil macro-level review of our intelligence capabilities has not achieved much success in inter-agency frictions, adequate technological upgradation (to be able to penetrate terrorist networks), or in the Centre-state intelligence and operational coordination. The multi-disciplinary centre under the Intelligence Bureau (IB) comprising representatives of all Government of India agencies dealing with terrorism has yet to make its mark. It has become fashionable to call terrorists as the faceless enemy. That does not help. It conveys defencelessness and makes us more vulnerable. Who do we take action unless we can identify the terrorists and their sources? Identification of terrorist group(s) responsible for each incident is a major challenge for our intelligence agencies. I am certain they would be fully involved in this already. But if they need specific directives and additional resources — technical and non technical — these must be given to them on priority. We should have no qualms in taking hard measures against identified fundamentalist and extremist outfits that spread hatred in the name of religion. A Chief Minister giving a clean chit to an organisation that has been named and banned by the Centre cannot be accepted. Hawala, gun-and-explosives-running drug-running and any terror act having external linkages should be treated as federal offences under the Central Government authority. We need tougher anti-terrorism laws. Legal punishment to terrorists, their active or logistic supporters, and corrupt officials who enable smuggling of arms and explosives into India need to be made more severe. Our political parties keep fighting over counter-terrorism Terrorism is an act of war. During such circumstances, nations suspend their normal laws. We must ensure that the perpetrators of terrorist acts are punished promptly. At the same time, adequate care should be taken to prevent the abuse of such laws. The United States and the United Kingdom have provisions in their anti-terrorism laws that are much tougher than India’s. It is time our professionals had greater say in framing appropriate anti-terrorist legislation. The professionals should advise political leaders sincerely and expose anyone who misuses these provisions for political interests. Till date, we have failed to take action against those involved in the Coimbatore serial blasts in February 1998. The law enforcement agencies need to be energised and revived. We need special and more accountable judicial officers and courts. We have had sufficient experience of handling terrorist activities in urban areas. Mumbai alone has been affected by five major incidents in recent years. Our human resources as well as equipment, particularly surveillance and communication equipment, in metro cities and urban areas need to be upgraded. Security of the areas where a large number of people tend to congregate should be reviewed. Unnecessary visitors at airports and railway stations (including those who come in hordes to receive VIPs) should be discouraged. There is a cynical view that our police forces get no respite, or refresher training, because a large number is deployed round the clock on VIP protection duties. In the aftermath of a terror attack, it is important for the state administration and its agencies to reach out to the people immediately so that they are not alienated and come forward as willing partners in counter-terrorism efforts of the government. Every city needs a robust action plan to deal with the fall-out of a terror attack and to provide immediate relief to victims. We have a disaster relief management plan for each big city (worked out along with the armed forces). Similar plans should be prepared for major terrorist activities or breakdown of law and order. For this purpose, the civil defence set-up in urban areas can be rejuvenated. The current situation requires a well-defined, comprehensive, multi-dimensional policy and action plan to deal with terrorism. This would be possible only when we have an empowered and dynamic minister, fully supported by the Prime Minister, to deal with the subject exclusively. He would need a team of professional advisers with a relevant background and expertise to formulate policy/action plans and ensure political as well as operational management. The action plan would need to be pro-active: direct overt and covert action against terrorists and terrorist groups, within the country and those based in foreign countries. How should we deal with external elements? Pakistan, for long, has supported anti-India terrorist groups. General Musharraf has failed to deliver on the promises and agreements that he made in January 2002 and 2004. Anti-India terrorist infrastructure in Pakistan remains in tact. Cross-border terrorism has been and continues to be an instrument of its foreign policy to keep alive the Kashmir issue and to bleed India. Many retired Pakistani officers and strategists have confirmed this privately, and now the Foreign Minister of Pakistan has gone public. There is no room for laying excessive emphasis on the peace process with Pakistan
at the cost of our fight against terrorism. Strategically, India cannot afford to be perceived to be buckling down under terrorist pressures. That would be disastrous. Neither can it afford to depend on others to take care of its internal security. Hard decisions, based on a hard analysis of options in the current trend of terrorist activities have to be taken. We need to make counter-terrorism statements clear and sting-loaded, if necessary, to all neighbours who persist in supporting terrorism against India. In the wake of the Mumbai blasts, neither platitudes nor political rhetoric will work as counter-terrorism. Excessive rhetorical public statements make people cynical after some time. They want action. There is no alternative to defeating
terrorism. The writer, a former Chief of Army Staff, is President, ORF Institute of Security Studies, New Delhi. |
IIT Sunday
“I have been broken, kicked, lied to, swindled, taken advantage of and laughed at. But the only reason I hang around this damned place is to see what will happen next!” — inscribed on the door of a professor’s room in IIT Delhi. IT was a Sunday, and as such not an ideal day for anyone to visit an IIT and that too for the first time. But there is a concept called serendipity. While my brother gave an entrance exam in a glass hall, I looked at the white clouds moving westwards above the IIT’s seven-storey yellow main building with a wind tunnel, and decided to sway a bit. The first thing I found was that rickshaws and auto-rickshaws were entering the 320-acre campus with elan. The next thing I found was a black and white puppy. As it turned out, some caretakers of the engineering institute — sweepers and guards — had been feeding it, and “the dog in the making” was given free access to the entire building. The animal made me wise. My first sojourn was the director’s room, closed of course. Then it was the secret humming server room — the brain that powered the IIT from its basement. No one interrupted. I lumbered out hungry and I found my inspiration again. The puppy was lingering near the two coffee shops below the Central Library. A shopkeeper was busy solving a Hindi word puzzle. I ate some snacks and targeted the library. There the young gatekeeper was cracking a science sample paper. He refused me an entry. Next on the action plan were the hostels. I followed some students, stooping and disheveled, carrying thin notebooks. They were dressed as if going from their homes to the nearby coaching institute. Their trail took me not to a hostel but Jai Sarai, a village sharing a part of the IIT boundary. I entered its maze-like streets, sandwiched between towering and ill-planned houses that were falling into each other. On the ground floors were numerous shops and bespectacled boys and girls looked down from the first or second floor into the dark alleys. A shopkeeper said they were engineering or IAS aspirants. It was, in hypothetical terms, a colony where the IIT status-deprived lived in cramped rooms and waited to cross that boundary and liberate the aspirations of their parents living all across the nation. I returned to the average-sized campus and found one of the 10 IIT hostels. With Five Point Someone (the novel by Chetan Bhagat) in the back of my mind, I sneaked into a boy’s hostel. (This IIT only has two girls hostels). The rooms were small and had two first or second year students each. They looked as simple as they once were in their hometowns and villages. The Mini Campus, where the faculty lived, had brick quarters that resembled a government colony of officers. In the management block, boisterous boys from the nearby villages were playing cricket. Returning to the glass hall where the exam was about to finish, I again found the puppy, basking in the
sun. |
No laughing matter With a heat wave baking my Stalin-era apartment building, I went to visit friends at their dacha outside Moscow. On the veranda of their simple wooden house, the table was set for a colorful feast, and over coals, cubes of lamb and pork sizzled on skewers. Perhaps it was the cooking meat that inspired someone to tell this joke: Russian President Vladimir Putin is roasting Ukrainian President Viktor Yushchenko on a spit, working up a sweat as he rotates the spit as fast as he can. “Why are you turning him so quickly?’” “I have to, otherwise Yushchenko will steal the coals.” The joke hinges on Moscow’s claim that Ukraine steals Russian natural gas. But it was the closest thing to the old Soviet political jokes, or anekdoty, that I had heard in a long time. Intrigued, I began some informal field research on Russian political humor today. Here’s one I heard repeated: Putin gets up in the middle of the night and goes to the refrigerator. When he opens the door, a dish of jellied meat begins to tremble. “Don’t worry, I’ve only come for a beer.’’ Putin jokes tend to play on the Kremlin’s consolidation of power, on the efforts to eliminate the opposition, on the silencing of independent voices and the domination of other branches of government: Back in Soviet times, anekdoty were an essential social safety valve. Many jokes compared life under Vladimir Lenin, Nikita Khrushchev, Josef Stalin and Leonid Brezhnev: Stalin, Khrushchev and Brezhnev are traveling together on a train when suddenly it lurches to a stop. Stalin has the conductor shot. The train doesn’t move. Khrushchev rehabilitates the conductor. The train still doesn’t move. Brezhnev closes the curtains and says, “Now, we’re moving.’’ Brezhnev took a beating for the Soviet Union’s stagnation under his increasingly geriatric leadership, as in another old favorite: Brezhnev begins his speech opening the 1980 Summer Games: “O! O! O!’’ An aide interrupts him with a whisper: “The speech starts below, Leonid Ilyich. That is the Olympic symbol.’’ The anekdoty art form survived glasnost and the collapse of the Soviet Union. Mikhail Gorbachev was taken to task for his anti-alcohol campaign, and Boris Yeltsin for his drunken behavior and slurred speech. But Putin poses a problem for whoever it is who makes up these jokes. He’s always in control, always on cue. He dresses well, speaks well and drinks in moderation. The most telling thing about Putin jokes is their scarcity. This joke, for example, is 3 years old, and I haven’t heard it lately: Putin is sitting in his office with his head in his hands, when Stalin’s ghost appears. Putin tells the ghost his problems, bemoaning the incompetence of his Kremlin underlings. “That’s easy to fix,’’ Stalin says. “Shoot all the bad officials, and paint the Kremlin walls blue.’’ “Why blue?’’ Putin asks. “Hah! I knew you’d only ask about the second part!’’ Most people I asked, including a taxi driver who keeps his car radio tuned to a station called Humor FM, said they hadn’t heard any Putin jokes, that Putin jokes would not be funny anyway, or that the public wouldn’t like Putin jokes because the president is so popular. There are no jokes about Putin, and if there were, they would be in bad taste, snapped an art historian, an old friend. But Russians also have reason to be afraid of making fun of their president. For one thing, if a bill working its way through parliament becomes law, slandering the president would be a crime. Political candidates and their parties could be barred from elections. Journalists could be jailed and their news organizations shut down. Even without this law, the editor of an Internet newspaper was called in for questioning and had his site closed down in May after satirizing Putin’s plan to encourage families to have more children. A newspaper columnist who writes on foreign affairs said, not without irony, that there are no jokes about Putin because he is seen as a kind of god. “You don’t make jokes about God, do you?’’ the columnist asked. The NTV television channel dared to compare Putin to God on its satirical puppet show, “Kukly.’’ Shortly after Putin’s election in spring 2000, NTV announced that in response to pressure from presidential aides, it would do a show without the Putin puppet. Instead, Putin’s chief of staff was depicted as Moses bringing commandments down from a God so holy that no one was allowed to see him or speak his name. But the joke was on NTV. By the following spring, the privately owned channel had been taken over by state-controlled Gazprom, and “Kukly’’ disappeared. All three national TV channels are now under state control, and the president gets blanket coverage, none of it critical. Perhaps most revealing about Putin as a leader is his own crude sense of humor and the tough-talking street language he uses. He recently told his ministers that no economic changes could be expected until they “stopped chewing on snot’’ – slang for getting down to work. One of the very few people who has been successful at poking fun at Putin is Maxim Kononenko, who set up a Web site in 2003 that spoofed the president’s lowbrow slang. Many people expected the site to be closed down fast. Instead, Kononenko’s hallmark sendups of conversations between Putin and a key aide, which begin, “Listen, Bro,’’ won a coveted Saturday night spot on NTV — hosted by a Kremlin favorite. Putin likes being portrayed as a tough guy. Putin may not be funny enough to inspire a new generation of political humor, but what is happening in Russia is not always funny. Perhaps allowing a few more jokes would help. By arrangement with
LA Times-Washington Post |
The guns of July I wonder if this is how the summer of 1914 felt. Then, the assassination of the Austrian archduke by a Serbian nationalist terrorist provided the senescent Austro-Hungarian Empire the excuse it had been looking for to wipe out the Serbian nationalists, which provoked the pan-Slavic nationalists at work for the czar to threaten the Austro-Hungarians with destruction, which led Germany’s Kaiser to pledge retaliatory war against Russia, which prompted the French, who had an anti-German alliance with Russia, to begin mobilization. ... Nobody wanted global conflagration, yet nobody knew how to stop it, and the American president (Woodrow Wilson, who was not yet a Wilsonian) did nothing to help avert the coming war. Within a month, the war came, and it took the remainder of the 20th century for the world to fully recover. I review this history for those who’ve been wondering how the kidnapping of three Israeli soldiers (and the killing of eight others in the Hezbollah raid) has escalated in less than a week to what may be the brink of a cataclysmic regional war with ghastly global implications. The two crises and the sets of conflicting forces are by no means parallel, but in each the power of nationalism, the sense of national victimisation, the need for revenge, the opportunity for miscalculation, the illusion of attainable victory, and all-around fear and rage loom large. More inexplicably, so does the American absence. In 1914, of course, America was not yet a member of the great powers club. George W. Bush has no such excuses. The world’s sole remaining superpower has been super-absent from any role in mediating and mitigating the Israeli-Palestinian conflict – partly because until recently the president didn’t believe in diplomacy, partly because he believed that the key to regional stability was deposing Saddam Hussein. Plenty of people disagreed with him on that one. With each passing day, the chief effect of the US invasion and occupation of Iraq seems increasingly to be the destabilisation of the already unstable Middle East. Within Iraq, the Shiite-Sunni conflict that many scholars, diplomats and intelligence experts warned of before our invasion is depopulating Baghdad. Israel’s retaliation against Hezbollah, for instance, may be both understandable and justifiable, but that’s not to say it’s effective. The aerial pulverization of Lebanon can destroy many things, including, possibly, Lebanon’s democratic government (the least anti-Western within the Arab world), but it cannot destroy Hezbollah’s thousands of concealed mini-missiles or the support for Hezbollah among the Shiites who live near the Lebanese-Israeli border. Israeli cabinet minister Isaac Herzog may have boasted, “We’ve decided to put an end to this saga’’– that is, the Hezbollah presence in southern Lebanon – but as Ariel Sharon could have told him, that’s not so easily done. The remarks of Sharon’s successor, Prime Minister Ehud Olmert, on Monday – scaling back Israel’s goals from Hezbollah’s destruction to the return of prisoners, the end of rocket attacks and the placement of Lebanese troops on the border – may signal a welcome descent from fantasy to reality in Israeli policy. In a region rapidly succumbing to blood-drenched fantasies of victory or of martyrdom, however, an international holding action may be the only thing to spare us from another 1914.
— By arrangement with |
DELHI DURBAR Over the past few years, Delhi has emerged as one of the largest flower markets in India. It is not just for Valentine’s Day or New Year celebrations, but five star hotels, corporate houses, and marriage halls buy flowers worth lakhs of rupees daily. In addition, government departments and public sector units are also major buyers of bouquets, fresh cut flowers and dry flowers, say industry experts. According to one estimate, the total sales of flowers in the national capital is in the range of Rs 400 crore to Rs 500 crore annually, as against the total domestic market of around Rs 1500 crore. Interestingly, wholesalers in major markets refused to give their sales figures for fear of catching the eye of the IT department. Flower production is part of agriculture and traders evade taxes in the name of agricultural production. India Inc hurt India Inc has found the film “Corporate” completely out of sync and is feeling deeply hurt. The private corporate sector, they say, is not heartless or insensitive to those who have climbed the ladder of success, as made out in “Corporate,” a film by Madhur Bhandarkar. Assocham’s Secretary General D S Rawat insists that the film, where the woman protagonist has been portrayed as a sacrificial goat, does not give a true picture of corporate India. While “Corporate” uses jargon like bottomline and takeover bid, there has been no genuine effort to project the real face of Indian industrial houses. The Indian growth story would not have been possible but for the contribution of a host of corporate leaders, observes Rawat. Diplomatic symbolism The July 11 terror attacks in Mumbai and Srinagar could not have come at a worse time for Pakistan President Pervez Musharraf. The development has the potential of disturbing the General’s scheme of things. After all, Musharraf is the first Pakistani President in whose tenure the unthinkable happened – The Line of Control was on the way to becoming a Line of Peace. The peace process may start limping back on track again. But this may take its own time. New Delhi has used diplomatic symbolism to the hilt in communicating to Islamabad that it would take more than just polite words from Pakistan to put the peace process back on the track. UGC peeved The University Grants Commission is peeved by the Commerce ministry’s proposal to take away fees and salaries from its purview. Sources in the Commission see it as a move to privatise higher education. They claim that with foreign educational institutions waiting to open campuses in India, the proposal to allow them to stay out of the UGC’s grip is just “going all out to offer them a chance to fleece the Indian students.” No to journalists Some private and public sector banks are so wary of the “quarrelsome nature” of journalists, police officials, and advocates that they hesitate to provide credit cards to them. One journalist, working with a leading global wire service, applied for a credit card with a leading private bank. He was surprised when the branch official, a friend, suggested that he mention his job as “Business Associate” of the wire service. The journalist declined to make the change. And sure enough, he got a call from the bank saying that he could not be issued a credit card as his signatures in the forms did not tally with the signature on his identity card. Contributed by Smriti Kak Ramachandran, Rajeev Sharma, and Manoj Kumar |
From the pages of New Delhi, June 29 (PTI): The Union Government has instituted a study by its legal experts on the Constitutional implications of the resolution adopted by the All-India Congress Committee giving a mandate to the Government to abolish privy purses and privileges of the erstwhile rulers of Indian States, it is learnt. The Constitutional provisions which deal with these matters are Article 291 and 362. The A.-I.C.C.’s mandate, according to legal experts, cannot be carried out without abrogating Articles 291 and 362. The abrogation will require two-thirds majority of the Lok Sabha. As the Congress Party does not have such strength, the Government is reported to be banking on the support of some of the opposition parties, notable the two Communist groups, the Samykta Socialist Party and the Praja-Socialist Party. |
The swan-like saints never leave the lake-like master. They merge in equanimity, through love and
devotion. An error does not become truth by reason of multiplied propagation, nor does truth become error because no body sees
it. The swan-like saints never leave the lake-like Master. They merge in equanimity, through love and
devotion. The word is the essence of all meditation and
austerity. When the king aspires to monarchy he must hold his people within a ring of benevolence. He must be like the blue sky encompassing all in its kind dome. He must rule them virtuously, unimpassionately and
humbly. |
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