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Encounter killings: Truth
commissions needed On Record Let’s respect pluralism and dissent
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Profile
It
is said that professionals and politicians never retire but some diplomats and bureaucrats too never hung up their boots. Kamlesh Sharma, India’s High Commissioner in UK, falls in this category. India has nominated this career diplomat as its candidate for the post of the Commonwealth Secretary General. Appearing certain to be elected to the prestigious office, Sharma will be the first Indian to head the Commonwealth Secretariat with at least an eight-year-long tenure. He faces one competitor, the Maltese Foreign Minister, Michael Frendo, whose country hosted the last Commonwealth Summit 18 months ago. But the Indian diplomat appears certain to be successful when the Commonwealth leaders meet in Kampala, Uganda, in November for the summit, slated to elect the successor to the present Secretary General, Don Mc Kinnon, a New Zealander. Ugandan Foreign Minister Sam Kutesa has been quoted as saying that “there is a general understanding that it is Asia’s turn”. Traditionally, the Commonwealth Secretary-General is elected by consensus. Sharma has been on the Commonwealth Secretariat’s board of governors since 2004. Known to be one of the bright officers of Indian Foreign Service, Cambridge-educated Kamlesh Sharma is now 66, having retired from the service in 2001. The last post held by him was that of India’s Permanent Representative at the United Nations. Even though Sharma bid farewell to the IFS, he never hung his boots. With his three-year term (2002-2004) in East Timor coming to an end, Sharma’s friends thought he would return home and settle down to a retired life. He did return to India but had not to wait for long for another high-status assignment. He was appointed India’s High Commissioner in London. His diplomatic skill enabled him to get a year’s extension and in the middle of serving out the extension, the Manmohan Singh government decided to field him as its candidate for the top Commonwealth job. Unlike Shashi Tharoor’s candidature for UN Secretary-General’s post, India has ensured that Sharma gets foolproof support from the members of the 53-year-old Commonwealth. The SAARC countries have already been sounded about his candidature. It is said in lighter vein in the corridors of the External Affairs Ministry that Tharoor had the backing of both Prime Minister Manmohan Singh and Sonia Gandhi but failed to solicit sufficient support from the member nations. Sharma’s name is believed to have been approved by 10 Janpath. Initially, the Prime Minister’s Special Envoy and former External Affairs Secretary, Shyam Sharan, was also in the race but Sonia Gandhi is known to have preferred Sharma. According to the External Affairs Ministry, “in his position as a member of the board of governors of the Commonwealth Secretariat and the Commonwealth Foundation since 2004, Sharma has taken a keen interest in the activities and advocacy of the Commonwealth, and guided the government in India’s close engagement with the Commonwealth during this period. He has represented India at the meetings of the Commonwealth Ministerial Action Group in February and November, 2005 and led India’s delegation at the pre-CHOGM Foreign Ministers' meeting at Malta.” The history of Commonwealth, an association of 53 countries, is interesting. After the World War II, the shape of the British empire began changing drastically. India gained independence in 1947, the new state of Pakistan was simultaneously created, and a wave of decolonisation followed which saw several colonies become independent and sovereign states. A conference of Commonwealth Prime Ministers in 1949 decided to accept and recognise India’s continued membership as a republic, paving the way for other newly independent countries to join. |
Food habits in the country are changing fast. Three years back when I took over, I was pressing the Chief Ministers of Kerala, Karnataka, Andhra Pradesh and Tamil Nadu to take wheat instead of rice. But now everyday I am getting requests for wheat from them. The Kerala CM says, “What can I do? In every town there is a bakery!” — Union Agriculture Minister
Sharad Pawar Parents spend their entire life making sure that they fulfill their children’s needs and this cycle is repeated when their children in turn become parents. But there is a child in every parent and children must recognise that. — Dharmendra When I first talked about information technology some years ago, some people scoffed at me while others asked whether these computers would feel our stomachs. But now, politicians across the country have started talking about it. — N. Chandrababu Naidu, former Andhra Pradesh Chief Minister Stones that don’t shine are worthless, thrown away/ It is useless even to polish them. — Tamil Nadu Chief Minister M. Karunanidhi There was a lot of confusion about my diet. My nutritionist in the US asked me to change my lifestyle and advised me to go on a fat-free, high-protein diet. I was very fond of non-vegetarian food earlier, but now I eat only salads, dal and popcorn. No rice, ghee, sugar or bread. — Adnan Sami, singer, about his weight loss Cinema in the country has hit rock bottom as new genre filmmakers no longer relate their movies to Indian reality. It is a reflection of our spiritual and moral decay. — Mahesh Bhatt Sometimes I really don’t know who I am, for whom I fight. People call me moophat because I dare to call a spade a spade. But I speak not just for myself, but for anybody who is in distress too. — Rakhi Sawant, actor Tailpiece: A colourful romance looks good in colour. I was excited when my permission was sought for colourisation of Hum Dono. It was the only movie where I performed a double role, with varied shades of emotions. A string of films including Kala Bazar, Kala Pani, Taxi Driver and Tere Ghar Ke Saamne can also be coloured. n — Dev Anand |
Encounter killings: Truth
commissions needed What
is done without any punishment, can be repeated without fear.” Impunity without doubt is a grave problem affecting the state and leads to more and more human rights violations. The encounter specialists who have been in news recently, amplify this. Once hailed as heroes, they become the fall guys, with the blood of the innocent on their hands. Is society really safe with extra-judicial methods, especially while dealing with terrorism? The spectre of terrorism has raised many questions and dilemmas and one of it is how to counter it. Is counter violence an appropriate, effective and most realistic way of dealing with force while setting aside the legal safeguards in a democratic state? The anti-terrorism debate hinges on finding the right balance between human rights protection and effective security measures. Ensuring respect for human rights while countering terrorism remains a formidable challenge. On the other hand, the epidemic of fake encounters has continued to plague the states like Jammu and Kashmir, Punjab and now Gujarat, Maharashtra, Chhattisgarh and Andhra Pradesh. When law enforcers become lawbreakers, it does not augur well for the state. When the law responds with violence, it will be a blood-thirsty folly. The spiral of violence spawned a parallel economy and has been exploited by the state and non-state actors — be it in Punjab, Jammu and Kashmir, Gujarat or even Mumbai. The lid gets blown at times. Kauser Bi in Gujarat or Padroo in Jammu and Kashmir mirror our insensitive system. Recently the Punjab government has ordered inquiry into some fake encounter killings carried out earlier. We don’t know who they were. Many a time innocents have been killed and branded as terrorists by the state. Their cases, however, rest quietly buried in the grave. The trend of encounter killings to curb terrorism started in Punjab in the 1980s and early 1990s. Counter terrorism was thought to be the most effective strategy of dealing with the situation. Punjab is quoted as an example of the success of this strategy in ending terrorism in the state. The means-end ethical issues were not thought to be of any relevance and value. The operational efficiency does, however, have its own cost about which there has been little debate. If questions were raised, it was said that it would sap the police morale. Without inquiry, human rights violations during that phase have been brushed under the carpet. This has affected the professional ethos of the police department. Superficial changes like community policing schemes have been ineffective in restoring people’s confidence in the system. A well established system of incentives and rewards that was brought in the police organisation while fighting militancy reinforced some malpractices. For every terrorist killed, cash awards and promotions were given to officers. Such incentives give legitimacy to the culture of killings. Many officers got the benefit and though terrorism was curbed in Punjab, the system failed to punish the perpetrators of custodial violence. The active pursuit by Jaswant Singh Khalra, human rights activist of mass killings in Amritsar, Majitha, and Tarn Taran districts from 1984 to 1994, where there were 2097 illegal cremations, exposed the blatant human rights violations. The NHRC awarded compensation of Rs 2.5 lakh each to the next of kin of 194 people who had been found in custody or deemed custody of police before their death and cremation and also a compensation of Rs 1.75 lakh each to the next kin of 1051 to the other victims in the mass cremation case. Is it a safeguard of the victims’ rights? The compensation was awarded as police had failed to safeguard those in its custody. But here though the victims are to be given compensation, the victims’ rights have been ignored. Sadly, the professional ethos of the police has been compromised because human rights violations and illegal detentions have been brushed aside. There is little remorse on the part of the police officials and former militants and there has been no public apology either by the powers that be or the police. The courts or the Human Rights Commission have taken care of the victims’ right to know and the collective right to know. However, the families of the deceased victims do not know who killed them and in what circumstances. To prevent violations, the archives related to the violations need to be preserved. The state may prefer a collective amnesia to serve a better purpose as any truth finding may open up a Pandora’s box of horrors. There can be no just and lasting reconciliation without an effective response to the need for justice. There is need to set up Truth and Reconciliation Commissions in Jammu and Kashmir and Punjab (like the one in South Africa) to heal the wounds of the people. The state should investigate the violations and prosecute the perpetrators who are found guilty. Those who felt that they had been victims of violations — whether the government or others — could come forward and be heard by this commission. The perpetrators of violations could also give testimony and request amnesty from prosecution. Three panels accomplished the work — the Human Rights Violations Committee, the Reparation and Rehabilitation Committee and the Amnesty Committee. Truth commissions, also set up in East Timor and Sierra Leone, acted like symbolic instruments towards restorative justice. This commission will bring lasting peace by acknowledging the hurt of people and allowing the perpetrators an opportunity to seek forgiveness. |
On Record
The
Comptroller and Auditor-General (CAG) of India plays a crucial role in ensuring the accountability of the executive to Parliament and state legislatures. He carries out audits in the public sector and provides accounting services in the states in accordance with the Constitution and the best international practices. In an exclusive interview to The Sunday Tribune, Mr Vijayendra N. Kaul, CAG, spoke on various issues linked to auditing and on the crucial switch over to Accrual system of accounting from the present Cash Flow system. Excerpts: Q: The time lag between the publication of audit reports and the actual event is not justifiable. A: Audit is not an investigation against all kinds of data. It is more of a financial accountability function, which means I must ensure that the intentions of Parliament are being complied with by the executive and the orders of the executive are followed by its subordinate authorities, so that between what is stated and what is done, the gap is minimal. So, we have to look at transactions after the event, so some time lag will be there. What are the components of this time lag? The Financial Accounts are closed on March 31 and you can’t audit an account till it is closed. Therefore, the transactions taken place during say, May or June in the preceding year, can be visited only after March of the succeeding year. Then auditing can’t be done in an ad hoc manner and thus a proper plan of audit has to be followed and reports need to be prepared and comments are sought from the departments and then the final report is generated. Q: What problems do you face during auditing? A: The major problem is various departments’ failure to produce records on time. When an audit team visits a department, it is informed about the documents/ records needed for auditing. In most cases, a quick reply is given. Sometimes, records are not made available on time. So, access to records, especially when we look at the national picture, is a major problem in finalising reports. Q: Won’t late receipt of Action Taken Notes and delays undermine your role? A: Not really…But, it is certainly diluting the CAG reports’ impact. The remedy lies in the government making stronger arrangements for good compliance. Once the audit findings are accepted, they should go ahead and take action against the staff concerned. Q: Shouldn’t the HOD be made directly accountable for delay in sending ATNs? A: We audit Secretaries, HODs and small units also. So the HOD, not just the Secretary, should be made accountable for delays. Q: What about the gap in the Indian auditing system and the international auditing standards? A: Since 1966, we have clear auditing standards for the CAG, based on international benchmarks. No problem for auditing standards. There is some kind of a problem about the audit practices here which are sometimes unique because of the historical evolution of audit in India for government accounting, which is cash-based and not accrual based as in the private sector. To give more teeth to these standards, I will be issuing a new regulation, under the DPC Act 1971, which will be formalised in a month or two, to make the standard more current, specific and more implementable. Q: What about your role in moving from Cash Flow to Accrual method of accounting? A: With the Finance Ministry’s approval, I have set up a Government Accounting Standards Board, chaired by the Deputy CAG. It consists of heads of all major departments, including the Finance Commissioner of Railways, RBI and Finance Ministry representatives and others. It has a roadmap and an operational plan for transition. The anticipated timeframe for this switch over is 10 to 12 years from the first action initiated by the government. Q: Is there any resistance from the states? A: We are working on a parallel track. The roadmap and operational plan have been sent to GOI for its transition into accrual accounting system. With states, we are taking up parallel exercise of explaining the complexities involved and getting their comments. Many states have agreed, some of them have agreed to take up pilot studies, some have agreed to start examining the issue. Q: What about talent crunch? A: There is a shortage of Assistant Audit Officers now, but no talent crunch. After recruitment through competitive examinations, we train them internally. The talent is in-built and if there is shortage of qualified people, it is because of vacancies, not otherwise. |
Let’s respect pluralism and dissent An
abysmally brief though comforting lull in the country which invariably breeds complacency among the security agencies and invokes an unrealistic optimism among dreamers for the dawn of peace in the subcontinent lies shattered once again in the screams and blood of the innocent devout at Hyderabad’s historic Mecca Masjid. Mercifully, all the serial bombs planted by the enemies of humanity and Islam failed to trigger off, saving some precious lives which would have added to the number of those killed in the macabre murder of the innocents. This explosion in the southern region of this multicultural polity coincidentally preceded other acts of insanity in its north. Some aggressive votaries of a noble religion, which was founded by the Great Gurus to cleanse and simplify religion and protect the oppressed, clashed violently with members of a small sect with whom they had co-existed for nearly a century in a spirit of amity. Sadly, Punjab allowed to go out of hand. As an old soldier with deep and abiding emotional bonds for this land of the brave, I pray that sanity will prevail and the joys of the recently harvested crop will usher in all happiness here. Meanwhile, plagued by its own internecine strife in Pakistan, its notorious ISI would be leaving no stone unturned to fish in the troubled waters. Our intelligence agencies would be keeping a watch on all such linkages. We can ill afford communalism and thus terrorism to rear its ugly head once again. The Punjab government, in particular, must fulfill its mandate to the people with sincerity and not fall into a trap set by people from across. The Centre needs to deploy adequate paramilitary forces to assist the state in maintaining peace and harmony. Despite any pious statement emanating collectively fighting terrorism in the subcontinent, it remains the eternal mission of our western neighbour, themselves badly tottering though, to keep the pot boiling in India and the last many years are proof enough of their total involvement in terrorist activities in India with regular frequency and increasing lethality. Thus, they activate their “sleeper cells” all across the country, off and on, in pursuit of their evil agendas especially to drive a wedge between the major religious communities in India. As the nation is celebrating the 150th year of the First War of Independence, we remember the first important step taken by people and local rulers of all hues, castes and religions to usher in a multiplural and secular polity and marked the hallowed beginnings of an Indian nationhood, we have ‘promises to keep’ especially to all those, sung and unsung, who sacrificed themselves during the freedom struggle. India must remain a nation where there is respect for pluralism, dissent and freedom of worship without offending anyone else’s faith and all communities feel safe and wanted. Let’s endeavour for an inclusive vision which transcends all frictions and divisions in religion, caste, creed or language. |
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