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Vision and concern Nuclear
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Medical education Standardise the PG exams THERE are over 295 universities and institutes that conduct postgraduate medical examinations independently. No wonder, there have been long-standing complaints about the lack of standardisation of PG medical examinations, as a result of which the institution from where a degree is earned is carefully considered while judging its worth. Thus, the calibre of doctors varies greatly, and the lack of uniformity in the results is also a cause for Indian medical degrees not being recognised abroad.
Life behind the bars
Calf love in Shimla
Kalam should not sign Office of Profit Bill Iran’s leader takes to blogging DEFENCE NOTES
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Vision and concern CONSOLIDATION was the running theme of Prime Minister Manmohan Singh’s Independence Day address to the nation. Instead of making grandiose announcements, he sought to reassure the nation about strengthening and extending some of the welfare programmes his government has already initiated. Of course, he used the occasion to warn Pakistan against supporting cross-border terrorism. He also gently reminded all political parties that there were certain issues which need to be addressed in a consensual manner. His was not a checklist of what the government did or what it proposed to do. Dr Manmohan Singh’s vision of an India which has solved the problems of poverty, illiteracy and ill-health of a large section of the people was truly reflected in his address, which came from his heart, rather than the in-puts from various ministries. Small wonder that he spoke about his agony when he interacted with the farmers of Vidarbha, about the life of indignity the slum-dwellers suffer and the heavy price those displaced by huge development projects have to pay. The difficulty of an economist prime minister who has to ensure that while the farmer gets remunerative price, his produce does not go beyond the reach of the common man came through when he referred to the crude oil price which has more than doubled in two years. The Prime Minister’s “war on poverty” means that the rural employment guarantee scheme will be extended to all the districts and the Bharat Nirman Yojana will be strengthened. The “new deal for rural India” implied a cooperative banking system, which will make moneylenders redundant, empowered panchayats which will speed up rural development and a sarva shiksha abhiyan which will ensure that children go to school and they get cooked mid-day meals. Reservation will not be at the cost of merit, particularly when India seeks to leap into the knowledge world with three more Indian Institutes of Science, including one in Punjab, and 19 AIIMS-like institutes. Employment is the key to development and it is possible if the kind of growth manufacturing industry achieved in the first quarter of this year — 11 per cent — is sustained, if not improved upon. Of course, there is the lamentation about corruption which will be dealt with, indirectly, by the Right to Information Act. At the end of it all Dr Manmohan Singh seemed to be assuring that things are under control and in safe hands. |
Nuclear
uncertainties THE future of the Indo-US nuclear deal is becoming increasingly uncertain. India may not accept the changes the US Congress may make if they are not in consonance with the agreement signed by Dr Manmohan Singh and President George Bush on July 18, 2005. The deal falls through if the US Congress does not approve of it unchanged. Substantive changes by the US Congress could make it difficult for Dr Manmohan Singh to sell it to his party, its partners in the UPA and the Left which have all along been critical of the deal in any case. The Prime Minister, who has invested a lot of political capital in the nuclear deal, has given a commitment to Parliament that India will stick to the deal only if the US stands by its own part of the bargain. Next few weeks will be critical for the fate of the July 18 agreement. Much will depend on how the Bush Administration pushes the deal through Congress before it adjourns. While the nuclear deal has to cross a few more hurdles before it becomes a reality, eight senior nuclear scientists have in a statement sought to underscore the point that all that is going on in the US Congress in this regard should not deprive India of the gains made in its nuclear programme with the efforts of its scientific and technological brains. They are feeling upset with certain clauses in the Bill passed by the US House of Representatives to amend the law to allow nuclear trade with India. They fear that the US Congress may make a law that will ultimately not be in conformity with the July 18 agreement. No one can question the scientists’ concerns. The Prime Minister possibly will answer their questions when he makes a statement in Parliament this week. As it has been pointed out by India, we are dealing with the US Administration and not with the US Congress. The scientists and other sceptics must be clear in their mind that the deal cannot be allowed to affect the development of India’s nuclear deterrent. As it is, it also cannot obstruct the march of India’s nuclear programme by creating any “restraint in perpetuity”. It is aimed at bringing India’s strategic relations with the US to a new plane, as also to enable India “to acquire the same benefits and advantages as other such states which have advanced nuclear technology” are enjoying. But it cannot be allowed to harm India’s long-term interests in the new world situation. Hopefully, the Prime Minister will dispel the scientists’ fears when he meets them. |
Medical education THERE are over 295 universities and institutes that conduct postgraduate medical examinations independently. No wonder, there have been long-standing complaints about the lack of standardisation of PG medical examinations, as a result of which the institution from where a degree is earned is carefully considered while judging its worth. Thus, the calibre of doctors varies greatly, and the lack of uniformity in the results is also a cause for Indian medical degrees not being recognised abroad. Doctors who wish to practice in foreign countries like the US and the UK have to go through an examination like the USMLE (United States Medical Licensing Examination) and the PLAB (Professional and Linguistics Assessments Boards Test). In a welcome step, a seven-member committee appointed by the Ministry of Health and Family Welfare, headed by Mr Ranjit Roy Chaudhury, a clinical pharmacologist from the National Institute of Immunology, has examined the issue and come to the conclusion that a new Postgraduate Medical Education Board should be set up to conduct the postgraduate examination in the country. The proposed 17-member board would conduct a single examination for students all over the country, and would thus ensure standardisation. This would mean a reduced role for the Medical Council of India (MCI) and the National Board of Examinations, which have been regulating postgraduate medical education. The MCI is currently responsible for the accreditation of medical colleges, ensuring uniform standards of graduate and postgraduate medical education. It would now be able to concentrate on undergraduate medical education, which too needs reforms. No doubt, there is scope for much improvement and modernisation in the curricula and the examination system for medical education, but care has to be taken to ensure that the proposed changes are well thought out and efficiently implemented. |
Experience is not what happens to a man; it is what a man does with what happens to him. — Aldous Huxley |
Life behind the bars
IT should not surprise anyone that visual media presentations are increasingly becoming the primary source of information for many in our country. We naturally assume that everything we see on the “box” is true and rely on the “boxed” information to voice our support or protest about our concerns on social and other issues. Often we are lucky to get visual presentations of things we would otherwise not “see” with our own eyes and we have responsible journalists and TV presenters to thank for that accomplishment. There are times, however, when we are misled by programmes that exploit our fears and half-baked opinions about persons, events and institutions, and turn us into the vindictive and malevolent creatures that we become. Feeding on fears in a climate where some fears are indeed a reality that needs to be addressed, while others are misplaced and exaggerated for sensational purposes, is dangerous business and needs to be avoided. One such instance of poor one-sided portrayal was ZEE TV’s “Prime Time” programme of July 18, 2006 (Sazaaye Mauj!) about Gwalior Central Jail and the (“mauji”) status if dacoits from the Chambal valley in Madhya Pradesh who have surrendered and been lodged in this jail. For many of us who have worked in several capacities in jails all over the country, and as part of “prison work” are familiar with jails in other countries of the world as well, the portrayal of life of these dacoits in Gwalior Central Jail as being one long holiday, and the begrudging attitude to a life of normalcy for them needs to be re-examined. The programme presupposed certain assumptions about punishment and about prison as punishment that are ill-founded and likely to send out wrong signals to the lay public that is already misinformed about what jails are meant to do, and how they are run or managed. The suggestion was that the dacoits of the Chambal valley prefer Gwalior Central Jail because they are treated like guests there — they get good food, get biris and cigarettes, have mobile phones, and are generally having a good time. The repeated pictures of an easy going group having a “ball” when they were (i) in jail and (ii) dacoits, would surely have sent messages of resentment and outrage to the lay public whose image of prisons and criminals is distorted and erroneous at the best of times. Corruption in jails is worldwide and highlighted all the time by reformers. The existence of a mafia where the powerful call the shots and have a good time is also a known feature of many jails. Both are regrettable facts that need to be addressed. But to portray the delivery of what a prisoner is entitled to as excessive indulgence by the authorities is clearly indicative of a lack of understanding of what prisons are all about. The programme “Sazaaye Mauj” belied both an understanding of what a prison is for (theoretically) and what life in a locked environment really is (realistically). No amount of biris and colour TV can really compensate for the unending confinement that a jail involves, and that is the bottom line of imprisonment. Jails house many categories of persons — those who have been convicted after a trial, those awaiting trial (presumed innocent until proven guilty), those who are locked up under special Acts and rules framed for the safety of society, and also those who are placed there for their own protection. Each category is governed by rules set out in manuals, Acts, rules, regulations and standard-setting documents, both national and international, that are meant to be followed, and all categories are not subject to identical regulations. The degree of control, the nature of privileges, the level of security and similar features differ according to the rules elaborately set out for different categories of prisoners, which in turn depends upon the extent to which (i) the prisoner is vulnerable and (ii) he/she is a threat to society. If that were not so we would have mayhem in a prison — for all those in a prison are neither (proven) guilty, nor equally dangerous. The basic needs of all are required to be met according to the rule book — if that were not observed we would have more vengeance and ill-will than we would like to see. There are dangerous criminals in several prisons. Their number is miniscule compared to the large numbers that are still untried but languish for years as pre-trial prisoners — a fact that needs far more outrageous responses than this programme sought to elicit for the dacoits in Gwalior who were part of a surrender process established by the government. Dangerous criminals (often as low as 1 per cent in any jail) are kept in high security if and when deemed dangerous. These dacoits surrendered and went through (established) risk-assessment procedures thereafter they are subject to such rules of behaviour and entitlement as their status requires. Spelt out, this means that the rules of decency and dignity that are part of the U.N. Standard Minimum Rules for Prisoners will be observed whether we like a set of prisoners or not. When TADA was in full swing I visited a jail in U.P. where “terrorists” from Kashmir had been lodged. (Special jails got their quota of terrorists who were kept in security but whose other privileges and lifestyle in the jail left me wondering). Then I was a novice on the subject of how prison and punishment as a part of the criminal justice process translates into reality. The “terrorist” prisoners cooked mutton curry, dressed ever so well, had permission to smoke, read “terrific” books, and were generally far more comfortable than prisoners in other barracks who were still not proven criminals, and many of whom (men and women over 65) clearly did not belong “inside”. With experience and better conceptual knowledge about the institution called prison, I know better now — that regardless of my subjective views a prisoner retains all his/her rights as a person. Gwalior Central Jail as portrayed in the programme did not look like it was giving the “dacoits” such a fantastic deal! If a little pains had been taken to understand what principles underlie the management of prisons we would have been told that there are certain minimums in prison management that cannot be compromised whoever the offender and whatever the offence! To grudge criminals their food, clothing, family visits, even entertainment (colour TV) belies a lack of knowledge of what prisons in a democratic set-up are for. But the presenter of “Sazaaye Mauj” was aghast at the goings on in Gwalior Central Jail because this was about a category called dacoits! What was the presenter’s expectation: Was it (i) that because it is a jail the prisoners (and in this case dacoits) should be miserable and deprived of basic needs and requirements and that they needed to be in dingy, unlivable surroundings where rough, sub-human treatment be meted out? Or was it (ii) that because they were dacoits (and therefore rotten to the core in terms of character and personality) the jail really needed to be harsh, severe and ruthless with them for who they were? Both expectations belie the lack of understanding of locking up as punishment in the criminal justice process. They are not sent inside for further punishment: the deprivation of “liberty” is the
punishment.
The writer is Chairperson, Penal Reform International. |
Kalam should not sign Office of Profit Bill THE controversial Office of Profit Bill, without any modification or removal of the objections indicated by President Abdul Kalam in his message to Parliament, was introduced in the Rajya Sabha on July 25, 2006. The Bill, which has been now passed by the Lok Sabha and Rajya Sabha, and is awaiting Presidential assent, would adversely affect the dignity of the office of the President. While the legalisation, with retrospective effect from April 4, 1959, of the disqualification incurred or likely to be incurred by the holders of Office of Profit currently discharging executive, judicial and legislative powers, may be politically expedient to the stability of UPA Government, it is constitutionally incorrect. Now, can the President withhold his assent to the unmodified controversial Bill presented to him again by Parliament? After all, Article 111 provides that if the Bill is reconsidered and passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent thereon. But then, such provision must be read along with other constitutional provisions. Article 361 mandates that the President shall not be answerable to any Court for the exercise and performance of the powers and duties of his office. The reason is obvious. The President is, under Article 74(1), to act on the advice of his Council of Ministers. However, under Article 60, the President swears to “preserve, protect and defend the Constitution and the law”. Article 61 provides a sanction against the violation of the Constitution by the President by impeachment. Such provisions lead to the inescapable conclusion that there is a sphere of President’s activity or function for which he is personally responsible. Let us consider the situation when the President is required by the Council of Ministers to do an act which, in the opinion of the President, is violative of the Constitution. The obvious proposition is the President can refuse to do such act. Let me explain by referring to the example given by the well known constitutional authority H.M. Seervai. Article 85 of the Constitution provides that the President shall, from time to time, summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between the last sitting in one session and the date appointed for the first sitting in the next session. If the Council of Ministers advises the President to call the next session after a year, by which time the Ministry hopes to overcome its political difficulties, it is the duty of the President, consistent with his obligation under Article 60, to disregard such advice and call a session of the two Houses as required by Article 85 (1) of the Constitution. Coming back to the Office of Profit Bill, the giving of assent or withholding of the assent by the President is anyway a part of the legislative process distinct from exercise of any of his executive power. The President is not bound by the advice of the Council of Ministers if such advice compels him to violate the Constitution or where the competence of Parliament to pass such a Bill is itself in doubt. Rather, it is the constitutional obligation of the President to withhold his assent to the controversial unmodified Bill in order to “protect and defend the Constitution” should he believe that the Bill is constitutionally invalid. In the prevailing situation, it is imperative to have an authoritative decision of the Supreme Court or its opinion on a Presidential reference under Article 143 of the Constitution on the constitutional validity of the controversial Bill, so as to prevent break down of the constitutional machinery.
The writer is a senior advocate, Supreme Court of India.
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Iran’s leader takes to blogging FOR the leader of a country well known for its suppression of freedom, information, and the use of the internet, this is a turnaround. But, then, Mahmoud Ahmadinejad always likes to shock. The Iranian President, in his quest for a new means of regaling the masses with his fiery political rhetoric, has opened his own blog, a colourfully written message to his electorate, in which he lambasts the US for opposing Iran’s nuclear programme and asks readers to vote on whether they think Israel is trying to trigger a new world war. Sprinkling his first foray into cyberspace with more personal memories of his childhood as the academically “distinguished” son of “a hard-bitten toiler blacksmith,” Mr Ahmadinejad nonetheless makes a point of driving home his favourite political messages. In the blog, which can be read in Persian, Arabic, English and French at www.ahmadinejad.ir, the flamboyant leader explains that his dislike of the US began while still at school, when he became enraged by what he calls Washington’s interference in Iranian domestic affairs. Declaring that he would refuse to bow to pressure to end his country’s nuclear programme, he invites visitors to the site to give their opinions on the Middle East crisis. “Do you think that the US and Israeli intention and goal by attacking Lebanon is pulling the trigger for another world war?” the President asks his readers, offering them the choice to vote yes or no. At one point, he refers to the US as “Great Satan USA”. Discussing Iran’s political history, Mr Ahmadinejad expresses his admiration for the leader of the Islamic revolution, Ayatollah Ruhollah Khomeini, and describes the former Iraqi dictator Saddam Hussein as an “aggressor” who, during the Iran-Iraq war, was “intoxicated with power”. Mr Ahmadinejad concludes by admitting that his debut blog, which runs to more than 2,300 words in the English version, was perhaps too verbose. “From now onwards, I will try to make it simpler and shorter,” he wrote. “With hope in God, I intend to wholeheartedly complete my talk in future within the allotted 15 minutes.” Brevity does not seem to be the President’s forte: earlier this year he sent President George Bush an eight-page letter outlining his commitment to continuing his country’s nuclear programme. For Iranians with experience of using the internet for political communication, the President’s blog will have come as a surprise. His leadership has seen a big crackdown on opposition websites, with one of the most sophisticated government censorship systems in the world. According to Keivan Mehrgan, a Tehran-based blogger, Mr Ahmadinejad’s technological efforts had less to do with an acceptance of cyber-politics and more to do with a desire for publicity from a notoriously populist leader. “Ahmadinejad used to have nothing to do with the internet and even talked against journalists and bloggers before he became President,” Mr Mehrgan said. Following the explosive population growth in Iran after the Islamic revolution, the country now has a disproportionate percentage of young people who have embraced the internet with open arms. Politicians are keen to target them. Use of the blog already appears high - by yesterday afternoon, 12,000 people had taken part in the online vote.
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DEFENCE NOTES India would be bidding for a global tender to establish a small arms manufacturing unit in Egypt. This bid would be made on the strength of the indigenously developed high-tech Excalibur rifle, which is an improved version of the 5.56 INSAS rifle being used by the Indian Armed Forces. Excalibur, which is also being manufactured at Ichapur Rifle factory, has been tried and commended by the India Infantry School, Mhow. Incidentally, ordnance factories have also developed an indigenous anti-material rifle and have started work on a full Infantry Soldier System. The anti-material rifle being manufactured at a Trichy unit has three barrels from which it can destroy concrete bunkers and also soft armour plates.
Army Chief in North-East The Chief of Army Staff General J.J. Singh was recently in the North-Eastern Region, an insurgency affected region of the country, to carry out a detailed review of the operational situation there. During his visit to Imphal, he interacted with officers and jawans and lauded their efforts in keeping the insurgency under check and creating a conducive environment for the civil administration to function effectively. He also stressed on the importance of people-friendly operations and civic action programmes to help the local populace. Since this region has always been insurgency affected and an area prone to protests, the Army Chief, as a thrust towards Sadhbhavna, also inaugurated a Model village at Thingat, Manipur. It is aimed at bringing modern amenities to the people of this remote region. The modern village has been created with full participation of locals with technical, material and supervisory support provided by the Army. The village boasts of solar lighting for roads, a 10-bedded hospital, a children’s park and a water harvesting scheme, amongst other facilities.
Missile warning system EADS, a global leader in aerospace, defence and related services and India are poised to strengthen their cooperation in the highly sensitive field of electronic warfare. EADS, in cooperation with India’s Defence Avionics Research Establishment, would jointly develop a missile warning system based on the former’s proven warning sensor Milds AN/AAR-60, and will be integrated into the existing Multi Sensor Warning System of the Indian armed forces. The system, which is expected to be operational by 2007, would in the first phase see the delivery of 36 sensors for further integration and development. The agreement also includes a clause for Transfer of Technology for the eventual local production of Milds AN/AAR-60.
As part of the effort to provide further protection to the country the Government has approved, in principle, the procurement of Medium Altitude Dual Spectrum Recce pods with ground stations. While the necessary funds for the procurement have been made available in this year’s budget, the Request for Proposal (RFP) was issued to various vendors in February earlier this year, and four vendors have also responded to it.
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From the pages of Her watergate The shell shock or trauma that Mrs Gandhi has received from the Allahabad High Court must be tempered by the realisation that in this country which is otherwise reeking with corruption the Rule of Law is still, happily, supreme. Mr Justice Sinha found Mrs Gandhi guilty of using the services of Mr Yashpal Kapur to further her election prospects while he was still in Government service. He also found her guilty of obtaining the assistance of various U.P. Government officers to the same purpose. In the result, her election has been set aside, and she has been disqualified from holding elective office for six years. That the illustrious daughter of the great Jawaharlal Nehru himself should have collected this accolade for corruption is a fit subject, in itself, for melancholy contemplation by her countrymen. |
Dreams are very nice while they last. But when man wakes up, he suddenly realises that there was no truth in them. The same happens with the enjoyment of worldly objects. They seem pleasant at first but when realisation dawns, they appear hollow. —The Bhagvad Gita My greatest weapon is mute prayer. —Mahatma Gandhi How can you be angry with Your own children, O Lord! For, as you belong to them, they belong to you? — Guru Nanak It is said by the wise men of yore that fortune brings no good to mortals who win by wicked wile. And equally, sorrow and deprivation bring no shame to those who are free from sin and guile. —The Mahabharata
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