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A lifetime in prison Ban them! Caution against complacency |
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India can’t live in isolation
Talking carpets
Sachar commitee recommendations Call for international diplomacy to save Iraq Legal notes
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A lifetime in prison THE sentencing of Manu Sharma to life imprisonment by the Delhi High Court for killing 32-year-old model Jessica Lall seven years ago in a Delhi restaurant was expected, given the severity of the offence committed by him. In fact, such was the extent of public outrage over Jessica’s murder that the people would not have minded had he been awarded death sentence. But for the persistent campaign by the media and Jessica’s family against the acquittal of all the accused by the trial court headed by Mr S.L. Bhayana in February, Manu Sharma and his friends — Vikas Yadav and Amardeep Gill who have been sentenced to four years rigorous imprisonment each for having destroyed evidence — would have roamed about freely today. A Division Bench consisting of Justice R.S. Sodhi and Justice P.K. Bhasin may have disagreed with the prosecution argument for giving death sentence to Manu Sharma. Yet, life spent in prison is in no way a lesser punishment to teach Manu Sharma a lesson. While the acquittal of Manu Sharma and the other accused by Mr Bhayana shocked the nation, what is disgraceful in the whole episode is Manu’s notorious modus operandi to pull the wool over everyone’s eyes from the heinous crime. Through his powerful connections, he used every stratagem to destroy evidence, sabotage investigation, turn witnesses hostile and circumvent justice. Also, several questions remain unanswered on the Delhi Police’s shoddy conduct in botching up the investigation. Jessica’s murder — like the murder of Priyadarshini Mattoo and Nitish Katara — is a typical example where the well-connected in Delhi think that they can get away with even murder. By setting aside the lower court’s “perverse” acquittals in February and convicting the three accused, the Delhi High Court has sent a stern warning to everyone that the judiciary must not fail in its duty if anyone takes the law into his own hands. It has also restored people’s confidence in the judiciary, if not in the criminal justice system. Significantly, the Division Bench did not confine itself to the three convictions alone on Wednesday. It has issued show-cause notices to 29 hostile witnesses, including actor Shayan Munshi, in the Jessica case. They have been directed to appear before the court on February 1, 2007. This shows the court’s determination to bring to book all those who tried to derail justice. The long arm of the law is finally catching up all the culprits — as it must.
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Ban them! ALL the claims of progress and modernisation that Haryana may make are negated at one go when shocking news of caste panchayats punishing those who marry out of caste emanate from the state. And the unthinkable happens a little too often, mainly in the Jatland. Leave alone targeting a boy or girl marrying out of caste, these khap panchayats can also turn their ire on those who marry in a “gotra” which these self-styled keepers of public morality consider incompatible. Right now, they are targeting a resident of Jevali village of Badhra constituency in Bhiwani district over one such marriage. Two years ago, a couple from Rohtak was asked by a similar khap panchayat to remarry, despite having a child. The Punjab and Haryana High Court has come down heavily on those issuing such “fatwas” but the practice continues regardless. The fault lies with the district administration because it does not enforce the clear-cut orders effectively. The result is that the khap panchayats and maha panchayats behave like extra-constitutional authorities merrily issuing diktats. The relief provided by the courts is not sufficient to protect the harried couples. There are two reasons for this unacceptable situation. One, the lower constabulary is itself steeped in age-old traditions and tends to show sympathy towards the aggressors. Two, the khap panchayats enjoy considerable political clout and leaders are willing to take them head-on. Whatever the reasons, the long rope given to them has led to ruination of many couples. The farce has continued for far too long and it is necessary to call a halt to it forthwith. Those who do not enforce the court orders suitably should be considered as much guilty as those who issue irrational orders in an unauthorised manner. The problem is not confined to Haryana alone. Similar incidents take place in various other states like Uttar Pradesh, Punjab, Rajasthan, Maharashtra and Tamil Nadu too. The menace has to be fought seriously, and urgently. There is bound to be resistance. So be it. Once the perpetrators of the illegality know that the government means business, they will have no option but to fall in line. That is how “sati” custom was weeded out under the British. That is how the present government has to combat this social evil.
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Caution against complacency AS
Prime Minister, Dr Manmohan Singh does not easily allow himself to get carried away by praise which flows in abundance from various quarters for putting India on the fast track of growth. Off and on he also reminds his colleagues not to display irrational exuberance over the 9 per cent growth figure. At the release ceremony of the NCAER’s Rural Infrastructure Report in Delhi on Sunday, the Prime Minister sounded a note of caution against being complacent with the belief that India had met its developmental challenges and was firmly on the road to being a developed country. Perhaps he has the BJP’s “Shine India” fiasco at the back of his mind. Unlike traditional politicians who try to politically capitalise on every achievement, real or imagined, Dr Manmohan Singh prefers to look forward. At the NCAER function he listed five challenges that would engage the country in the next decade: revitalising the rural economy, improving the delivery of essential public services, better management of urban areas, preparing the financial system for increased global integration and establishing a regulatory system to facilitate cost-effective private investment in infrastructure. These are mostly matters of governance and the Prime Minister has already initiated certain administrative reforms, though at a limited level. The challenges ahead for the country are numerous and formidable, if not insurmountable. Ensuring a fair distribution of growth benefits is one. Uneven growth along with rising unemployment can lead to greater social strife and eventually political instability. A sense of perceived discrimination and a feeling of being left out are at the root of militancy, Naxalite violence and farmers’ suicides. The 9 or 10 per cent GDP growth means nothing to the vast majority that is facing the brunt of rising prices of basic necessities. Hopefully, the UPA will keep these hard facts in mind while framing policies for India’s future.
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Superstition sets the whole world in flames; philosophy quenches them.
— Voltaire
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India can’t live in isolation
THE
debates in the Lok Sabha and the Rajya Sabha as well as media comments on the US legislation in favour of exceptionalising India for civilian nuclear cooperation in spite of India not signing the Non-Proliferation Treaty (NPT) revealed that a section of the political class, the media and the scientific community are isolationist in their orientation and are worried about interacting with the world at large. This is not new. A similar attitude was displayed when Dr Manmohan Singh as Finance Minister launched the economic liberalisation programme. In 1991 many argued that it would lead to a modern East India Company coming back; the jobs of our workers being taken away, our markets being flooded by foreign goods and our industrialists not being able to compete in the global playing field which was not level. Fifteen years later we can see how wrong that judgement was. Similarly, at present there is fear that the international efforts to exceptionalise India from the NPT is a conspiracy to cap, roll-back and eliminate our meagre nuclear arsenal, and to inhibit our R&D on the fast-breeder and thorium reactor and to subordinate our foreign policy to that of the United States. Both attitudes owe their origin to the fear of the outside world and inadequate assessment of the global political and economic dynamics. Some people conditioned by the past find it difficult to adjust themselves to the changing world and look at the current developments through the distorting prism of the past. There is no doubt that till the Bush Administration assumed power in the US, that country was pledged to capping, rolling back and eliminating India’s nuclear arsenal. That was the premise on which US Deputy Secretary of State Strobe Talbott conducted his negotiations with Foreign Minister Jaswant Singh of the NDA government. With coming in of the Bush Administration, things changed – some for the worse and some for the better. It is not necessary to go into the disastrous war President Bush launched on Iraq and its consequences. But the Bush Administration at the same time started on a positive initiative in respect of meeting global energy needs. It started a clean energy programme involving the US, Japan, Australia, South Korea, China and India. It decided to revive nuclear energy as clean, emission-free energy. It made a fundamental change in its policy not to reprocess plutonium either for its own use or for that of others (with exceptions for Japan and Western Europe). It announced a new initiative — Global Nuclear Energy Project (G-NEP) — which would burn up all plutonium in new proliferation-proof reactors and spread these reactors around the world to reduce the demand for fossil fuels. It has promoted international thermonuclear energy research to find a long-term solution for energy through joint global research on fusion energy. American companies which did not have nuclear reactor business after the mid-1970s have once again restarted their business and have concluded major sales to China. The global political scenario has changed beyond recognition compared to the period before 1990. Russia is no longer an adversary but a member of the Organisation of Security and Cooperation in Europe and is a member of the G-8 group of countries along with the US, Germany, Japan, the UK, France, Italy and Canada. The US and China have a $300 billion trade, and China holds hundreds of billions of dollars in US treasury bonds. China is a member of the Asia-Pacific Economic Coordination (APEC) and the ASEAN Regional Forum along with the US, Japan and other countries. Today the overall perception (including by US leaders and officials) is of a world of balance of power consisting of the US, Japan, the European Union, China, Russia and India. China and India are recognised as two fastest growing economies in the world. Indian economic growth is recognised as essential for an Asian balance of power and global balance of power. The Indian economy is seen as one of the future engines of economic growth in the world. This India is sought as a strategic partner by the US, the European Union, Russia and Japan. This fast developing India will also need enormous energy for its growth and become the third largest energy consumer next to the US and China. That will result in pushing up oil prices and increasing greenhouse gases in the atmosphere unless steps to counter this trend are taken. The US and China are going in for nuclear energy. It is unrealistic to
compare the small percentage of nuclear energy use in the past in various countries (including India) and extrapolate that future will be the
same.With the new GNEP programme, the US and other industrial countries are likely to go in for nuclear energy on a vast scale. This is the new situation which is not fully taken into account by those
still conditioned by Cold War perspectives. They are talking of Indo-US bilateral nuclear relations, overlooking the fact that the entire industrial world (the 45-member Nuclear Suppliers Group, including Russia, France, Germany, the UK and Japan) is backing the US in this effort to exceptionalise India from the NPT. These nations see that giving India access to nuclear energy would help its economic growth without aggravating greenhouse gas emission. They also believe that an India free of high technology apartheid is to the benefit of the international economy. This is the background of the US move which has international backing. No doubt, this offer should be looked at very thoroughly and any bilateral nuclear agreement India negotiates with any industrial country should be done with great care. To that extent the various criticisms raised by the opponents of Indian exceptionalisation from the NPT are useful as a checklist.But there must be a clear understanding that the continuation of technological isolationism will not help India in its economic growth and nuclear self-reliance is different from nuclear isolationism. Dr Bhabha and Dr Sarabhai built the nuclear and space capabilities of India on the foundation of international cooperation. Subsequently, the world led by the US subjected India to technology apartheid and our scientists rose to meet the challenge. While their achievements have earned this country the status of advanced nuclear technology power, they would have risen to far greater heights if they had been able to play their roles in the international sphere. Now that opportunity beckons them. The countries that want to hamper our R&D will not be opening up R&D centres in India. With nuclear energy reviving in the rest of the world, there will be great demand for Indian nuclear scientists and engineers.Unless India expands its nuclear power rapidly with the import of a number of large-capacity reactors, there is a risk of our nuclear power industry getting
marginalised.
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Talking carpets HE repeated his question for the fourth time, “What do you think of this carpet?” The first three times the Italian’s questions had been answered with a plate of melons, followed by peaches, and finally kishmish and tea. The time Badghizi merely smiled. His smile also seemed to be the signal for another large dish of pullao to appear miraculously. It was typical, should I say, of Afghan or Turkmen or Central Asian hospitality. Badghizi, sensing the edge in the Italian’s tone, decided to break his silence. “Please try these Samarkandi peaches. After lunch I need time to talk to the carpet. Find out from her her age, her life...” Seeing the look of contempt on Stefano’s face, Badghizi paused. It was the silence of a sage. “Yes, he continued, “The carpet will tell me if one person’s hands wove it or if there were many hands involved; whether it was woven for a special occasion or for day to day use; whether it belongs to one clan or whether others entered its folds...” “What do you mean-different clans?” “Supposing a girl from the Saryk clan marries a Bashiri boy then the girl could introduce some Bashiri motifs into her Saryk design next time she weaves a carpet. Anyway, I have to also ask the carpet the number of knots she has, whether she is made of silk or wool or both; whether natural dyes have been used or chemical ones.... All this takes time. Please eat” The object of discussion, in the meantime, lay in a corner of a vast hall overflowing with carpets. Some were spread out one on top of another, while others were rolled up. We too were perched on a pile of carpets. This hall was at the furthest end of a carpet factory in Samarkand. And Badghizi is part of its history. I first met Badghizi in 1986 in Soviet occupied Kabul where his family was trading in carpets. His daughters and wife wove the carpets and the males in the family looked after the business. It was in Kabul that I stepped into the fascinating world of carpets. Till then I had no idea that the art of Turkic carpet weaving dates back at least 2500 years. The political situation deteriorated during the Taliban regime forcing Badghizi to pack up his bags and leave Kabul. Some family members moved to Delhi. Badghizi with his two daughters came to Uzbekistan — a new country also in the throes of great turmoil. The old man realised that there was widespread unemployment and many people had lost their carpet weaving skills. So he approached the Uzbek government for permission to set up a carpet-training workshop in an abandoned factory. Within two years Badghizi and his family had trained 200 girls in carpet weaving. At the end of her training each girl was presented a loom to take home and earn a livelihood. Badghizi reintroduced natural dyes. The indigo I had brought was meant as a proof for the sceptics who attended his carpet weaving workshops, and who had forgotten about the existence of original natural dyes that went into the making of these fabulous carpets. I do not know where Badghizi is today. Has his scattered family reunited? I wonder if he returned to a Kabul-now under American control. All I can say is that life’s enormous upheavals and countless displacements did not make him bitter or cynical. Instead he simply continued to spread his goodness and knowledge through his art, wherever he
went.
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Sachar commitee recommendations THE
thrust of the report of the Justice Rajindar Sachar Committee is that the Muslim community exhibits “deficits and deprivation” in practically all areas of development. The committee was set up to evaluate the social, economic and educational status of Muslims. Reinforcing the finding with a massive array of statistical data, the report implicitly suggests reservation for Muslims on the lines of the constitutional provision for the Scheduled Castes and the Scheduled Tribes, whose condition has been taken as a point of reference for the evaluation.
First and foremost, Gandhiji and the Indian National Congress, once bitten by the system of separate electorates ending up in Partition, agreed for reservations for the Scheduled Castes (SCs) and the Scheduled Tribes (STs) for a limited period. The reason was that because of the pernicious caste system, the SCs, especially, had been exploited and deprived of their due by the upper castes for generations.
Nevertheless, Dr. Ambedkar introduced the cautionary provision of limiting the safeguard for ten years. He was on record in the Constituent Assembly that too long a dependence on the crutch of reservation would rob the beneficiaries of initiative and drive. In this connection, it is also necessary to recall Sir Sultan Ahmed Khan, the great Muslim reformer and educationist of last century, whose watchword was that education was the key to development and would open the gates to social amelioration.
Ironically, his handiwork, the Aligarh Muslim University, (which, incidentally, is the alma mater of stalwarts like Sheikh Mohammad Abdullah), has been for some years the hotbed of sectarian agitations and mob violence. Eminent social scientists on its faculty have taken to preaching a separatist philosophy.
Why? Because successive governments since Independence, instead of striving to improve the socio-economic conditions of Muslims, have been sedulously wooing them as a source of bulk votes. No wonder they did not succeed. Professor Mohammad Yunus of Bangladesh, this year’s Nobel Peace Prize winner, has demonstrated with his Grameen Bank endeavours that the attack on poverty and social backwardness has to be direct.
In Professor Yunus’ own words: “ I firmly believe that all human beings have an innate skill. I call it the survival skill. The fact that the poor are alive is a clear proof of their ability. They do not need us to teach them how to survive, they already know this. So rather than waste our time teaching them new skills, we decided to make maximum use of their existing skills. Giving the poor access to credit allows them to immediately put into practice the skills they already know -- to weave, husk rice paddy, raise cows, pedal a rickshaw. And the cash they earn is then a tool, a key that unlocks a host of other abilities, a key to explore one’s own potential.”
The Congress party that was in unchallenged power for over fifty years after Independence, first under Nehru and then Indira Gandhi, and the dynasty she founded in a republican country, had not shown awareness of such a sound development strategy. The reason again is its preoccupation with tapping the community for electoral purposes, which required that the people be left ‘deficit ‘ and ‘deprived ‘ in the main areas of development. Most importantly, such a perception in the community has to be sustained!
India is not Saudi Arabia but a multi-cultural society. A pluralist approach to all religions, as advocated by Dr. Sarvepalli Radhakrishanan, should have been the norm. But the secularism practised and promoted by the Governments all these years is not geared towards that end. In fact, the expression ‘secular’, added to the preamble of our Constitution under the 42nd Amendment, has remained undefined. With the result that a Shiv Sainik who defects to the Congress party becomes a secularist!
Of course, it would be satisfying for the practitioners of the policy to determine who is ‘secular ‘ and who is not. On present reckoning, the Congress party, its supporters like Lalu Yadav and Ramvilas Paswan, and of course the Communists and their allies, are sea-green secularists. The purpose is patently vote-garnering, not development or amelioration of the conditions of the victims.
Even in Kerala, cited in the Sachar report, improvement in the socio-economic conditions of the sizable Muslim population came in the wake of the oil boom and the opening of employment opportunities for emigrants from the State in the Gulf countries, including Saudi Arabia. The Ezhavas, regarded as the lowest caste among the Hindus, owe their upliftment to a savant, Sri Narayan Guru, who had striven relentlessly for social reform.
Besides, thanks to enlightened princely rulers like those of erstwhile Cochin and Travancore, not to mention the Christian missionaries, there was unprecedented spread of literacy among the people. The role of the madarasas is limited, if at all. But, in the frontier areas of U.P. and Bihar the madarasas are breeding grounds of unhealthy activities, according to official sources themselves. In the circumstances, one would expect the Sachar Committee to advocate reform of the madarasas system as it exists, but such a step would be objected to as interference in the working of minority educational institutions.
As a matter of fact, the Sachar report says only a miniscule fraction of Muslim youth go to madarasas for their education; many more attend schools organised in mosques, which presumably are exclusively Muslim, because non-Muslims are not expected to study there, unlike in Christian schools. On top of this, the Sachar Committee also wants special schools to be established for Muslims, a recipe for keeping Muslims apart from the mainstream. Although not spelt out by the Sachar Committee, the perception of ‘deprivation and deficit’ of development among Muslims is aggravated by their failure to go along with non-Muslims, including Hindus.
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Call for international diplomacy to save Iraq
WITH violence in Iraq at an all-time high, an influential report yesterday urged an international diplomatic effort involving all five permanent members of the security council to save Iraq from falling apart in a Sunni/Shia conflict that could spark a regional conflagration.
The new findings, by the Brussels-based International Crisis Group, will make even grimmer reading for the White House than this month’s report from the bipartisan Iraq Study Group, as President Bush struggles to come up with his promised change in strategy.
Iraq, the latest report says, faces “complete disintegration into failed state chaos” - and the solution does not lie in the transfer of responsibility to the fragile government of Nouri al-Maliki, as envisaged by the administration and even by the panel led by the former Secretary of State James Baker and former Democratic Congressman Lee Hamilton.
To do that, argues the ICG study entitled ‘After Baker-Hamilton: What to Do in Iraq’, would merely mean “expanding forces that are complicit in the current dirty war and for speeding up the transfer of responsibility to a government that has done nothing to stop [that war].”
Taking implicit issue with advocates of a “surge” in US troop strength in Iraq to get a grip on the violence, it declares that there can be no military solution to the conflict, only a political one. Instead, the Brussels-based group wants the ‘Big Five’ permanent members of the UN Security Council and Iraq’s six neighbours to join forces in an “international support group” for the country.
But that initiative should not be aimed at propping up the Maliki government, to the exclusion of all else. “It must support Iraq - which means pressing the government, along with all other Iraqi constituents, to make the necessary compromises.”
The urgency of action has been underscored by the latest regular Pentagon report on the situation in Iraq, where sectarian and insurgent attacks rose to an average 959 per week in the three months to November. Presenting the figures, Marine General John Sattler said the violence had increased at “an unbelievably rapid pace.” He acknowledged that insurgents had achieved a “strategic success” in triggering the sectarian killings that now threatened to engulf the country’s embryonic democracy.
For President Bush the dilemma is acute. Originally promised by Christmas, the announcement of the “new approach’ has been put back to the New Year, as clear differences persist, both within the administration and among other prominent voices in Washington.
The crux of the issue is whether to send additional troops - 20,000 to 30,000 is the most widely mentioned figure - to bolster the 145,000-strong US force currently in Iraq, with the specific mission of restoring order in Baghdad and in Anbar province, stronghold of the Sunni-led insurgency.
Mr Bush appears to favour this course, as do vice-President Cheney and Senator John McCain, front runner for the 2008 Republican presidential nomination. But the uniformed military, including General George Casey, the commander in Iraq, are sceptical whether such a move - which could only be temporary - would make much difference. The main impact, they say, would merely be to give insurgents more US targets to shoot at. General Colin Powell, Mr Bush’s first Secretary of State also opposes an increase. The views of his successor Condoleezza Rice are not clear.
The decision ultimately rests with President Bush, the self-proclaimed ‘Decider.’ But the crucial voice belongs to Robert Gates, the newly installed Defense Secretary who has not tipped his hand ahead of a personal visit to Iraq this week to see for himself just how dire the situation has become. But Mr Gates said during his swearing in ceremony on Monday that failure in Iraq would be “a calamity that would haunt our nation, impair our credibility and endanger Americans for decades to come.”
By arrangement with The Independent
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Legal notes THE Supreme Court sees no ‘oblique motive’ in the Punjab Government’s decision to set up a special court at Ropar to try the corruption cases against former Chief Minister Parkash Singh Badal, his family members and other Shiromani Akali Dal leaders. The same applies to a special Vigilance Bureau cell at Mohali to investigate the cases.
In its recent verdict, the apex court has dealt in detail with the twin issues as the SAD chief had made them main grounds for challenging his trial, accusing Amarinder Singh Government with an “oblique motive” to fix him.
But the Court fully agreed with the Punjab Advocate General R S Cheema that the jurisdiction of the Mohali police station over the whole state was in fact created much earlier, in October 1994. By an order of April 20, 1995, the office of the SP, Vigilance Flying Squad, was shifted to the same police station.
The Court was in full concurrence with the state government that the fresh notifications issued were aimed at bringing some more police stations under the control of the SP. It also upheld as correct the November 2003 order appointing the special judge to try these cases. Since the SP’s office falls within the jurisdiction of Ropar district, the Special Judge there was “specified” to deal with all corruption cases in consultation with the Punjab and Haryana High Court, which had given its approval as early as 1990.
Publications must be sensitive
A public interest petition highlighting an emerging trend among some news publications, including leading dailies, of publishing “obscene” photographs and “sex oriented material”, failed in the Supreme Court for want of appropriate legislation against unbridled freedom of speech. But the court said that such material had the potential to “corrupt” the minds of the young and the adolescent, who by reasons of their physical and mental immaturity needed safeguards and care.
The apex court expressed concerned that no attempt has been made by the government till date to define any yardstick for the minors, whose tender minds are like a plain slate on which any painting can be drawn. Though the Court refrained from putting the blame on any particular publication, it asked the Union Government to seriously look into the Press Council of India Act and amend its relevant sections to give it more teeth, to take effective measures against errant publications.
At the same time it also asked the news organisations to be more responsible to the sensitivities of minors. The media has a greater role to play in promoting an “accepted level of decency”, keeping in view that the freedom of expression also carries a far greater degree of social responsibilities, the court said.
Safety of field trials of GM crops questioned
Do the field trials of genetically modified crops pose serious threat to human beings, animals and for that matter to the entire variety of biological species, if the dangerous genes escape into the environment during such experiments?
If the findings of three top scientists of the world placed before the Supreme Court are to be believed, the danger is real as such trials would have a “killing” effect on entire biological systems and pose a serious threat to all living beings.
The report of Professor Joe Cummins, placed on record by environmentalist Aruna Rodrigues, as part of her PIL against unregulated field trials in India, when they are completely banned by developed countries, states that a bacteria called ‘Barnase Ribonuclease’ is produced during such trials which is toxic to humans and other mammals.
The bacterial gene for barnase and the gene for baster have been employed extensively in transgenic plants and animals to set up regulatory systems that are capable of “killing” specific organs or tissues of an organism. After the ban in developed countries, multinationals have shifted such trials to India and other developing countries, tempting them with hybrid crops to meet their ever growing food needs. But there is a lurking danger to the entire biological system in the absence of a strict control mechanism, the petitioner stressed.
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The spirit of political and international liberty is universal and , it may even be said, instinctive. —Mahatma Gandhi True love is love that causes us pain, that hurts, and yet brings us joy. That is why we must pray and ask for the courage to love. —Mother Teresa
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