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Web of corruption Profile |
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Caste
politics: Recipe for disaster Diplomatic
protection in the new century On
Record
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Web of corruption Does
not seem so, because even a former IPS officer like K.P.S. Gill openly
chided the Chhattisgarh government for its failure to bring down
violence owing to “rampant corruption in the recruitment and
transfer of policemen...” To make matters worse, the Vice-President
of India too emphasised the need of a “corruption-free governance”. Significantly,
the commonality of the word “corruption”, in the statement of
three old and wise men from the legislature, executive, and judiciary
shows that there thrives an omnipresent Indian brand of corruption in
virtually all walks of life which is no military secret. However, what
the future repercussion thereof could be for the “United” (States
of) “India” needs to be visualised and tackled accordingly. Virtually
every child is likely to follow the path set by the parents and the
environment in which he/she grows. And if the child sees his father as
a municipal “corruption” officer facing charges of graft and the
consequential denial of bail in the Supreme Court through the
electronic and print media, and the son of the corruption-infected
police force of the state sees his father getting killed by the
Maoists in the jungles of Chhota Nagpur plateau, what future awaits
the future generation? Similarly, if the subservient civil servants
also take the cue from their masters of carrying the neighbour’s
wife as an accompanied human baggage on forged documents for a joy
ride to exotic destination, what could be the future of the nascent
state of India? Can India survive for long? Will it be able to thrive
and ride on the back of an out-of-box and brand new subject called “economics
of corruption”? In fact, what the Indians seem to be failing to
comprehend a very serious development is the spread of corruption in
the armed forces too. Another equally serious matter is that in at
least nine states, like the seven North-Eastern states of Assam,
Arunachal, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, and
Sikkim and Kashmir, the Army’s presence and dominance are
pronounced, visible and emphatic. Is this because of the civilian
failure to administer or the growing tentacles of the Army? Whatever the reason, the corruption-infested and infected civilians are contaminating and ensuring a cascading effect on the professional morale and personal morality of the military men. Internal bickering, insubordination, indiscipline, fraternal killing and corruption are on the rise in the barracks and cantonments of the Indian garrison. The
most dangerous sign, however, emerges out of a benign public response
to corruption, perhaps owing to a cynical indifference born out of the
helplessness of the people to get justice thereby resulting in a
psyche of incurable déjà vu and a total hopelessness of the disease.
The people seem to be receptive and resigned to the conspicuous lack
of probity in the art of administration as the “God of Wealth” has
caught the imagination of vox populi. Thus, Indians appear to have
forgotten to punish the corrupt elements destroying the system and
jeopardising the security of the nation. One wonders why India does not take the cue from China? With a phenomenal economic growth and spectacular financial performance, Beijing too is facing the scourge of corruption. But undeterred China has opted for an exemplary hard line, criticism notwithstanding. Chinese
President Hu Jintao, who consolidated his power in 2005, and recently
visited India, continued to wage a high-profile campaign against
institutional corruption, “which many feared had begun to erode the
government authority”. The beauty of the Chinese story is that they
have taken action and did not stop at paying lip service. In banking service, Zhang Enzhao, President of China Construction Bank, one of the leading state-owned commercial banks of Beijing, resigned in March 2006 over allegations that he had taken bribes from an American contractor. He was one of the four high ranking banking officials to have been removed from his post in recent times. Among
government officials arrested or sentenced for corruption in 2005-2006
were the Deputy Governor of Sichuan province, the Deputy Party
Secretary of the ruling Communist Party of Shanxi province, the
transportation bureau chiefs in Henan, Heilongjiang and Yunan
provinces, and the Deputy Mayor of Suzhou. The Chinese deserve praise
because quite a number of those who lost their jobs on corruption
charges, had earlier been promoted by Hu Jintao’s predecessor Jiang
Zemin. These included Lanzhu’s Mayor Zhang Zhiying and Li Yizhen,
the Deputy Party Secretary of Shenzhen. Perceived as world’s one
of the top corruption-ridden and riddled countries, even Indonesian
government’s anti-corruption measures in 2006 surprisingly proved
quite effective. A newly constituted Anti-Corruption Commission (KPK)
and the ad hoc courts put Aceh Province Governor Abdullah Puteh behind
bars for 10 years for his role in a multi-million dollar bribery
scandal. Amongst others, several members of the National Election
Commission, dozens of regional heads and legislators and many
prominent judges and lawyers were investigated, charged and punished. In Central America, Haiti and Panama are notorious for organised corruption and, at times, lamentable lack of governance by the establishment. Corruption charges swirled around the Supreme Court judges. Several justices were accused of receiving bribes in exchange for favourable rulings towards drug traffickers and money launders. For
India, however, it would possibly be a mixture of good as well as bad
news. Good because India does not appear to have stooped lower than
the banana republics of Latin America yet. But the bad news is when
one equates a continent like India with the “city-states” of
Central America. It would be better, therefore, for the Indians to
emulate the Chinese plan of anti-corruption drive and take a hard
line. Why not punish those who thrive on endangering the polity,
economy and security of India openly and brazenly? Even if Supreme
Court Judge Justice Markanday Katju’s off-the-line comment appeared
harsh, was it far from the truth? Do the Indians still feel the same
after the detection of one of the greatest scandals of the rulers who
are makers and breakers of the lives of over one billion people with a
civilisation of 6000 years and independence of 60 years? Our
forefathers will be shocked to find their successors making mockery of
their cherished national emblem Satyameva Jayate being shredded into
smithereens. The writer, an alumnus of the National Defence College of India, is Member, International Institute for Strategic Studies |
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Profile Selected from among 10 elite sportspersons, on the basis of his
spectacular performance in the international events in last few years, Sandhu’s
big achievement was bagging individual gold and team silver at the 2006 World
Championship in Zagreb, Croatia. He has now set his eyes on Beijing Olympics
and says the country can expect more from the shooters, especially in Beijing.
Their impressive performance at the Commonwealth Games in Australia and
continuous improvement thereafter is a pointer in this direction. It was the proudest moment for Sandhu last week when he received the sports award of the land from President Pratibha Patil. The day was auspicious as it was the birth anniversary of hockey wizard Dhyan Chand, observed countrywide as National Sports Day. As
he led the cream of India’s sportspersons to receive the awards, he could not
hide his elation. “The moment does not get grander than this for a
sportsperson. This award is a wonderful shot in the arm for me”, Sandhu said,
adding “I am aware of the enormous expectations the award has brought with it
just a year ahead of the Beijing Olympics”. In a country where Olympics glory
is scarce, the top award spots a man who will be one of the few carrying the
hopes of over a billion people at the world’s biggest sports event. Sandhu
knows it well that it is not going to be easy at Beijing. India’s shooting
team to Olympics will be formidable. Shooter Rajyavardhan Rathore, who will
return to the Olympics to again test his mettle says: “The expectations won’t
bog us down. You have to go and give your best shot and hope and the gods are
smiling on you”. Another shooter Abhinav Bindra, who at 24, has been to two
Olympics too is quite optimistic. “The expectations will push us to do even
better”, he says. While Rathore has been undergoing rigorous training for
close to two years in preparation for Olympics, Bindra is being trained under a
foreign coach both abroad and at home and Sandhu has shifted his base to Italy.
Samresh Jung, who had a record haul of medals at the Commonwealth Games, will
also be part of the Indian team. Sandhu, who has been undergoing training from the Italian coach, Marcello Dradi since 1997, flew to Delhi from Lonato (Italy) to receive the Khel Ratan Awards from President Patil. He returned to Italy the next day to get ready for the World Championship to be held in Nicosia, Cyprus, from September 1 to 10. Few may be knowing that Sandhu studied in Delhi Public School (DPS), R.K. Puram. His schoolmate in the same grade was Anjum Arora, Arjun Awardee and the only woman cricketer to have played 100 ODIs for India. Amritsar
born, 31-year-old Sandhu, who is passionately committed to shooting, says: “In
my opinion, shooting is the number one sport in our country. Shooters are doing
well and the country can bank upon them”. But except in major cities,
facilities and equipment are not available in other places like small towns.
The need is to extend the facilities in other areas also so that the country
can get quality shooters. The Union Ministry of Sports should provide more
funds as grooming youngsters for more infrastructure. At the moment, the
country has limited infrastructure. Shooting ranges have come up in Hyderabad,
while new ranges are being built up in Chennai, Jaipur and Chandigarh. The year
2006 was most satisfying for him as he became number one and chosen for the
Khel Ratna’ award. His immediate goal is to put up good performance at the
World Championship in Cyprus. The final challenge awaits him in Beijing next
year. |
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— Union Finance
Minister P. Chidambaram —
JMM Chief Shibu Soren The clash we are witnessing around the world is not a clash of religions or a clash of civilisations. It is a clash between a mentality belonging to the Middle Ages and another mentality that belongs to the 21st century. —
Wafa Sultan, psychiatrist I
had already started working on a book about a Sufi saint who came to
Gujarat in the 13th century. But after the 2002 violence, I decided to
begin the story in Gujarat, which has seen the worst kind of violence.
— M.G. Vassanji, author of his new book, The Assassin’s Song I love the song and dance routine and the emotions that characters in Hindi films exude. It is absolutely amazing. —
Ali Larter, who acted in Marigold with Salman Khan Our group has
been successful without state funding. We do ask the government for
money. But they say you are doing so well, you don’t need subsidies.
And they give grants to unsuccessful groups who don’t do good
theatre. I can’t understand the system. — Michael Vogel,
Director, German Familie Floz theatre group — Rahul Dholakia, National
award winner for the making of Parzania — Hema Malini |
Caste politics: Recipe for disaster
Sixty
years after Independence, it is
high time the nation awakened from the nightmare of caste politics
whose divisive consequences have exposed its underbelly with the
recent violent conflict involving the Gujjars and Meenas in Rajasthan. The conflict is not over. The setting up of a committee to look into the matter is merely a postponement by three months of further clashes on an even wider scale, as warned by the Gujjar leader Col Bainsla. Similar polarisation created by internecine caste interests may well engulf the whole country. Earlier,
when the Mandal Commission’s recommendation based on caste
distinctions were implemented, the conflict that arose was between the
upper and lower castes, the political champions of the latter wearing
the halo of being defenders of those who had been the underdogs for
centuries. No one could gainsay this holier-than-thou stance, though everyone knew that in reality it was a camouflage for caste politics, the SCs and the STs proving to be a vast and lucrative reservoir for swelling the vote bank and playing the numbers game. Accordingly, no political party dared oppose the move, despite its causing frustration among those whose merit was compelled to yield to legislative privilege. However,
wrong policies have a way of boomeranging upon the inventors’ heads:
they, as Hamlet observes, get hoist with their own petard. We now
witness this happening not only in the context of the Gujjars and
Meenas but with the triggering off of new demands like those by the
Dalit Christians who see no reason why they should be deprived of a
slice of the economic pie. This kind of a chain reaction will
proliferate until the very idea of ‘reservations’, ‘minorities’,
and ‘backward castes’ will sink by its own weight, like an
overloaded ship. How much more violence and bloodshed will take place
before this happens no one can predict. And yet, ironically enough,
the Gujjar-Meena imbroglio may prove to be a blessing in disguise.
Thus, the Supreme Court has refused to vacate the stay order against
the OBC demand for further reservations, a significant refusal that is
a corrective to what had become a galloping epidemic tearing apart the
fabric of Indian society. The lesson this teaches us is that history
and time always vindicate themselves. The sooner we discard notions of
birthright concessions the better. The alternative model is the
stratification of society in economic terms – the well-to-do, the
middle class, and the poor – these determinations being made with no
attention paid to caste, religion, or ethnic background. This writer recently attended the book release function of a 300-page study that analysed society on the basis of religion and caste. The book was well researched and its range impressive. Yet, this writer returned from the event with a deep feeling of depression and angst. This is the kind of study that political parties exploit to expand their vote banks while, at the same time, stirring up hostility between one community towards another. We are never tired of blaming the British for their divide-and-rule policy which resulted in the creation of Pakistan based on a religious divide. Yet, today, our political parties are doing exactly the same thing. The author of the above mentioned study had ignored all criteria for compartmentalisation, except for economic considerations in terms of basic necessities like food, water, shelter, health care, primary and secondary education and employment. The
economist N.K. Singh’s solutions for poverty alleviation as set
forth in his recent published book, The Politics of Change: A Ringside
View deserve widespread attention. Commenting on the book, Lord
Meghnad Desai suggested that a dollar a day be given directly to every
person below the poverty line, thus eliminating government-created
channels for distributing aid, whereby, as is well known, 75 per cent
is siphoned off by the very officials in charge of implementing such
schemes. The author, having endorsed the suggestion, pointed out its feasibility through the use of modern electronic technology similar to the efficient manner in which tokens like smart cards function on the Metro in Delhi and elsewhere, rendering conductors and ticket checkers superfluous. It
is time we recognised that the basic ingredients of human existence
are economic factors – not caste, religion, or ideology. These were
constructs erected before the coming of technology and, therefore,
useful instruments to main order and enable the rulers to manipulate
the masses to suit their own ends. Today, the scenario has completely changed: technology has empowered all alike. For example, in the old days archery called for exercise of muscular strength; with the coming of technology the pulling of the trigger of a pistol can be equally effective whether done by a male wrestler, or a female beauty pageant contestant. Consequently, the old categories have given way to an egalitarianism that has yet to manifest itself in the economic sphere, and the sooner this is accomplished the better for the country as a whole. This can only be achieved if the have-nots are admitted to the sharing of the economic benefits that the nation has gained over the last 10 years or so in its endeavour to catch up with the developed world. Caste, religion, and ideology should now be regarded as factors in the private domain, not in the public domain. They have no place in government, law, education, or
employment. The writer is a former Professor in the Department of English, University of Delhi
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Diplomatic
protection in the new century Nationality
is the link between an individual
and a state, reflecting a bond of reciprocal rights and duties. It is the
fundamental medium for individuals to obtain a wide spectrum of benefits
available under international law. One such benefit is diplomatic
protection which consists of resort to diplomatic action or other means of
peaceful settlement by a state adopting in its own right the cause of its
national in respect of an injury to that national arising from an
internationally wrongful act of another state. (Article 1 of the International
Law Commission’s Draft Articles on Diplomatic Protection, 2002). Thus,
nationality forms the basis on which an individual can acquire diplomatic
protection from a state. Nationality of an individual is determined according to the domestic laws of a country. It could be granted by virtue of being born to the nationals of a particular state, by being born in the territory of a particular state, by annexation or cession of the territory of the national by another state or simply by the act of naturalisation. However, according to Article 1 of the Hague Convention on the Conflict of Nationality Laws, though it is the prerogative of the state to determine who its nationals are, this is subject to a proviso that the law shall be recognised by other states in so far as it is consistent with international conventions, international customs, and the principles of law generally recognised with regard to nationality under international law. Thus,
a person who is national of a state for all domestic purposes may be denied
international recognition of the same status. This implies that a state’s
right to extend diplomatic protection is restricted by international law. The
International Court of Justice in 1955 in the Nottebohm Case (Liechtenstein v
Guatemala) held that only where there exists a ‘genuine link’ between the
claimant state and its national could the right to diplomatic protection
arise. It was observed that nationality was a legal bond having as its
basis a social fact of attachment, a genuine connection of existence,
interests and sentiments, which could be determined by factors such as the
centre of an individual’s interests, his family ties, his participation in
public life, attachment shown by him for a given country and inculcated in his
children, etc. So, the exercise of diplomatic protection by a state regarding an individual will only be possible if a genuine link is established between the two. But is it possible for a person to have a genuine link with one particular state in the 21st century? Globalisation
has revised the degrees to which nation states are sovereign. As borders
become less relevant to an individual’s daily life, nationality should not
dependent on the relationship between the individual and the state? Technology
has beaten many limitations which may have existed to a man’s social life.
Establishment of faster modes of transport, better means of communication such
as telephone, wireless cellular phones and the internet have enhanced global
connectivity and alleviated all bounds of state territory. A person’s
interests are more widely spread today and this expansion is facilitated by
the internet. So should this mean that in time the virtual world should come
to constitute a separate state, granting cyber nationality? While the concept of insoluble allegiance was defensible in times of limited individual mobility, it has become difficult to maintain in the face of large-scale international migration. This, however, should not become a reason for the denial the grant of diplomatic protection by states. Cognisance of the basic human rights vested in an individual regardless of his/her nationality is the first step for replacing nationality as the conditio sine qua non for granting diplomatic protection. As the genuine link principle gets diluted, human rights ought to be the basis of exercising diplomatic protection. States should be allowed to adopt the claims of foreign subjects because the protection of human rights ought to be a concern, transcending constraints of territorial jurisdiction. Suffice it to mention, the principles of international law must encourage states to stand united against any act to deface mankind so that tomorrow an ordeal such as that of Mohammed Haneef is not the concern for India alone but for all nation
states. The writer is associated with the National University of Juridical Sciences, Kolkata |
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On
Record
After
days of hectic bargaining, the UPA government and the Left parties seems to
have arrived on a truce over the Indo-US civilian nuclear agreement. However,
the truce was, apparently, so short lived that the joint statement itself
evoked divergent viewpoints from the leaders of both sides. In an exclusive
interview to The Sunday Tribune, CPI general secretary A.B. Bardhan asked the
government whether it is ready to re-negotiate the 123 agreement if the Left
parties convince them that the Hyde Act interferes with India’s foreign
policy. Excerpts: Q: Despite the rapprochement, there seems to
be ambiguity on the operationalisation of the 123 agreement. What’s the
actual position? A: The new committee will make the government realise
that there are serious concerns and apprehensions about the deal regarding,
among others, the Hyde Act’s implications on the agreement and self-reliance
in the nuclear sector and the pact’s impact on foreign policy and security
cooperation. Attempts till now had been to brush aside the criticism and rush
through the deal. Now the Centre has agreed that the deal will take into
account the committee’s findings. Q: The UPA-LEFT joint statement is being interpreted differently by both sides. While the Left says that the government has pressed the pause button, the Congress leaders say, going to the International Atomic Energy Agency is not operationalisation of the deal. A: The statement is simplistic and crystal-clear. There is no scope for a different interpretation. Till the committee comes out with its findings, the government would not go ahead with the operationalisation of the 123 agreement which starts with India going to the IAEA for an India-specific agreement. Q:
But why the UPA-Left have failed to put it in black and white like say going
to the IAEA or putting it on hold till the committee’s findings? A: This is not a legal document that everything should be specifically mentioned. Let Union Minister Kapil Sibal, who is airing such views, know that this is an understanding reached between two coalition partners in running the government. Everything need not be put on paper, but should be left to the understanding of the political parties. Q: Is the formation of the committee a victory for the Left? A:
It’s not a victory or defeat for any one party. The Centre should be
convinced to understand the effects of the Hyde Act. Q: Will the Left reconsider its views if the Centre came out with a convincing reply to the queries? A: The US Congress has passed the Hyde Act, an India-specific legislation. It prohibits and interferes with the foreign policy of a sovereign country. Has anybody heard of A country passing legislation specific to B country prohibiting its relations with C country. This is what the Hyde Act has done. How can someone say it does not affect the Indian foreign policy? Q: Will the Left parties be ready to reconsider its views on the Hyde Act? A: Let me ask you the same question. Will the government re-negotiate the 123 agreement if the Left parties are able to convince its arguments on the Hyde Act? Q: So, it seems that the two sides have agreed to a temporary truce? A: I would not say temporary, but it is, certainly, a truce. Some had commented that it was a stand off and it would result in other political consequences. Q: There are indications that the Centre would go to the IAEA for India-specific negotiations in November? A:
November is far off. Earlier, everybody was talking about September. That has
been put off. I think by that time the committee’s report will be there. Let
us see what happens then. Q: Dedicating two reactors to the nation at the
Tarapur Atomic Power Plant on Friday, Prime Minister Manmohan Singh has
stressed the need to go ahead with the agreement for the country’s economic
growth and for meeting the energy requirements of the country. Do you think
that there is little change in the government’s approach to the deal? A:
The Prime Minister’s statement should be seen in the context of India coming
out of nuclear apartheid. The two reactors at the Tarapur Atomic Power Plant
are indigenously built. I would like to make it clear that we are not against
India adopting peaceful nuclear technology for economic development. But, we
are against the conditions and riders being put by the US on India for getting
the technology. |
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It
It
India
is now the flavour of the world. Ten years ago, the world used to
mention China but today India and China are mentioned in the same
breath…In a democracy, there would be a clash of opinion but one
must be confident of doing the right thing.
It
always feels good when you are out of any prison. I have been going to
jail since I was 17 years old. So, a jail is nothing new to me. But
yes, being acquitted from a murder charge is always special. I had
full faith in the judiciary and that has paid back.
It’s a prestigious
award that tells the world that an absolutely unknown person can come
in here, make a film, and take it from there. It gives hope to all
independent filmmakers that there is scope for sensible cinema.
Moneybags may not be lined up outside their homes but, if they do
persevere, the reward does come.
Tailpiece:
Children imbibe what their parents do. My daughters, Esha and Ahana,
have seen all that I have gone through. But they will have to face
their share of struggles. We shouldn’t regret anything in life
because even if you go through a ‘bad’ experience, it makes you a
richer human being.
