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End of President’s rule Wisdom dawns on selectors |
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Muzzled media
The 123 Agreement
Send them to Coventry
A time bomb under America Police Act needs accountability clause Chatterati
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End of President’s rule THE Union Cabinet’s decision to revoke President’s rule in Karnataka is in conformity with the Constitution. Despite a divided opinion, the Centre had no alternative but to lift President’s rule, which was imposed on the state in October, and clear the way for the installation of a BJP-led government. The BJP-Janata Dal (Secular) combine has now the support of 129 MLAs in the 224-member House. These legislators were unnecessarily paraded before the Governor and the President though the floor of the House is said to be the only proper forum to prove majority. The Prime Minister had earlier assured a BJP delegation that the Centre would uphold the constitutional provisions while taking a decision. More important, the Centre was bound by precedents set by the Supreme Court in the S.R. Bommai and Bihar Assembly dissolution cases. In the Bihar case, the Supreme Court squarely put the onus on the Centre to prove the bona fides of its action when Governor Buta Singh had brazenly rejected the claim staked by the JD (U)-BJP coalition led by Mr Nitish Kumar. The political uncertainty during the past 40 days could have been avoided had the JD (S) leaders, Mr H.D. Deve Gowda and his son, Mr H.D. Kumaraswamy, honoured their commitment to the BJP and transferred power to it on October 3. Both of them had behaved irresponsibly and in complete violation of the power-sharing arrangement they had worked out for their mutual convenience. The adverse affect of their reprehensible conduct is there for all to see: The state remained caught in uncertainty for months. The BJP, too, cannot be absolved of the blame. The JD (S)-BJP flip flop during Mr H.D. Kumaraswamy’s 20-month chief ministership has cost the state dearly. The administration is in limbo with Karnataka suffering because of undeclared holiday from governance. Consequently, the people are the worst sufferers. The BJP may feel happy with Mr B.S. Yediyurappa’s elevation as Chief Minister. But are they sure the Gowdas will give him a free hand to run the government smoothly? In the context of Mr Deve Gowda’s 12 conditions to the BJP in exchange for the JD (S) support to the new government, it remains to be seen how effective the new government will be.
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Wisdom dawns on selectors AT last, one of Indian cricket’s fiercest competitors and proven match-winners has been given a long overdue chance to lead the Test team in what is still the game’s most demanding format. The man who served as vice-captain to Sachin Tendulkar many years ago never got the move-up, and has had to wait for 118 test matches to don the Captain’ mantle. Apart from being India’s leading wicket-taker at 566 wickets, Kumble, Wisden’s Cricketer of the Year in 1996, has been responsible for many a match won at home and abroad — including that memorable “perfect ten” in a test against Pakistan in New Delhi. He reinvented his bowling a few years ago to strongly contend that he was equally lethal abroad, carving out important wins against Australia and Pakistan. And who can forget Kumble in Antigua, bowling with his jaw bandaged after taking a bouncer on the chin? Apart from his achievements, it is this never-say-die attitude and the steely glint in his eyes that, among other things, have sloppy fielders scurrying for cover, that have earned him so much respect in the cricket world. In a game dominated by batsmen, it has been Kumble’s lot to be frequently sidelined, and even have his contributions questioned. He knew his job, and he won matches — frequently, that never seemed enough to secure his own place at times, and much less get the top job. Indeed, it is a matter of celebration that a top bowler, and a spinner at that, is again leading India after Kapil Dev. His record as a leader in domestic matches is excellent, and there is no doubt about his abilities. But in naming him for only the three-Test series against Pakistan, the selectors have not exactly enhanced their image. In fact, the way they have gone about the whole captaincy business has been shoddy. A seasoned campaigner like Kumble deserved better. But he will come out fighting — and hopefully the team, which has a glut of former captains, will support him in full measure.
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Muzzled media General
Pervez Musharraf thinks he does no wrong. Unmindful of the damage he is doing to Pakistan, he has chosen to muzzle the media in his country. Journalists are not only not being allowed to write, they are also being arrested and tortured. The FIRs against many of them describe them as “hardened criminals” and they are produced in court in handcuffs. The General, who is yet to doff his uniform, even went to the extent of illegally detaining the founding Secretary-General of the South Asian Free Media Association (SAFMA), Imtiaz Alam, in Lahore. He was released only after a strong joint statement by Presidents of all national SAFMA chapters in Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka condemning his detention. The standards of freedom of expression and information and media rights in Pakistan were never anything to write home about even in the best of times, but the Press had lately been exercising some freedom. Even a few months of relative freedom has been extinguished in the authoritarian dictat. The Pakistan Federal Union of Journalists (PFUJ) says that the repression is the worst since Zia-ul-Haq’s days. It cannot be an exaggeration, given the General’s fear of truth being reported. As usual, under dictatorial regimes, those raising their voice against the known faults of the regime have been branded as enemies of the nation. Like journalists, the judges and the lawyers who have raised a banner of protest against his self-serving murder of democracy are also being systematically targeted. What General Musharraf has to realise is that by blocking all political activity and abusing human rights, he is allowing Pakistan to turn into a time bomb which can blow up in his face any time, throwing the country into greater chaos. His attorney-general and others have been giving indications that the Emergency will be lifted in one or two months. While such assurances have to be taken with a liberal dose of salt, General Musharraf will be doing himself a great favour if he desists from actions that suppress the functioning of newspapers and TVchannels. If he does not, he won’t even know how deep is the crisis in Pakistan.
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I am not arguing with you — I am telling you. — James McNeill Whistler
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The 123 Agreement
FOR some time now, there has been speculation in the media that the opposition to the India-US nuclear agreement may be softening, both on the part of the Left — basing these on Mr Prakash Karat’s words about the Prime Minister — and on the part of the NDA, given the fact that it was the originator of the idea which has reached fruition in the 123 Agreement. This follows a visit by a delegation of Indian-Americans, who not only wield considerable influence on the BJP but also whose credibility is at stake as lobbyists in the country of their adoption, and, at least as an indicator, an interview with Mr Brajesh Mishra, a former National Security Adviser, which appeared in a national daily on November 4. While admitting that there was opposition to the “deal” in the BJP, he adds, “But I think it will also be made clear by a number of things that it (the deal) is good for Indo-US relations. Mr L.K. Advani and Mr Yashwant Sinha have said that.” I do not think there is any point in revisiting the objections of the Left parties, notwithstanding their slightly less strident tone. It is the BJP and its NDA allies which, on this issue at least, can, in an act of consistency with their own policies, show the flexibility of statesmanship if their concerns are addressed seriously. The major issue appears to be the impact of the agreement on India’s strategic programme: primarily the continued availability of sufficient fissile material for a credible minimum deterrent and the possible consequences should India find it necessary to test again. Other issues such as the prescriptive and non-proliferation aspects of the Hyde Act, particularly in a law which is India-specific, while a cause of irritation and annoyance, are what India has dealt with for more than 30 years: they are the remnants of the earlier approach of the US (and other western countries) to India’s nuclear programme. In any case, most of these have been neutralised by President Bush while signing the Act into law, and they do not appear in the 123 Agreement. What is important, is that the Hyde Act enables the US Administration to enter into civilian nuclear cooperation agreements with India — an action earlier prohibited by US law. While these issues might affect our amour- propre, they do not impact on India’s strategic programme nor, indeed, on our vital interests or the independence of our decision making. Before dealing with the major issues, it is important to note that the 123 Agreement, in Article 2 para 4, states that the implementation of the agreement would neither hinder nor interfere with the military programme of either country. It is not unknown that the US does not approve of our weapons programme: we do not approve of theirs. India’s nuclear weapons programme was the cause of the 30-year global embargo on dual-use high technology flows to India. The US is now bound not to hinder or interfere with our weapons programme while promoting civilian nuclear cooperation with India. And this commitment will, if it ever gets through the long and difficult process ahead, become part of the US law. The issue of testing is more complex. Soon after the 1998 tests the then government declared that we did not need any more explosive tests. The Government of India said in a background paper to Parliament: “In terms of technical capability, our scientists and engineers have the requisite resources to ensure a credible deterrent.” On these grounds, a voluntary moratorium on testing was announced with the stated intention to make this a “de jure” commitment. On the other hand, the US law, which continues to treat India as a non-nuclear weapon state, prescribes stern action, including the “right of return” in the event of India (or any other non-nuclear country) conducting a test. The negotiators of the 123 Agreement were able to find a way out of this situation, with India refusing to make the voluntary moratorium into a permanent one: one has only to read Article 5, Para 6, and Article 14, Paras 2 and 5, of the Agreement. The latter para begins with the statement: “The two parties recognise that exercising the right of return would have profound implications for their relations.” Read together, these clauses have been so drafted that without mentioning the issue of testing (on which there was a change of position by India), sufficient safeguards have been put in place to protect India’s interests in the event it did, for whatever reason, decide to conduct an explosive nuclear weapon test. Without stating it in so many words, the US has agreed to treat India as it would a nuclear weapon state conducting a test, with even additional concessions. On the issue of the availability of fissile material for India’s credible minimum deterrent, Mr Brajesh Mishra in his media interview voiced his reservations about the separation plan, which placed 14 reactors under IAEA safeguards, thereby, according to him, reducing the amount of fissile material available for India’s weapons programme. Let us look at the facts of the case: In 1999, India agreed to participate in the Conference on Disarmament in Geneva on a treaty that would stop the production of fissile materials for weapons purposes — the FMCT. In 2003, when the Indian nuclear doctrine was announced to the public in the form of a Press note, it included the phrase. “participation in the Fissile Material Cut-Off Treaty negotiations, and continuing observance of the moratorium on nuclear tests;” India was apparently ready to negotiate to cut off the production of fissile material as early as 2003. In August 2006, the Prime Minister, speaking to Parliament on this issue, said, “…we are not willing to accept a moratorium on the production of fissile material. We are only committed to negotiate a Fissile Material Cut-Off Treaty in the Conference on Disarmament in Geneva. India is willing to join only a FMCT provided our security interests are fully addressed.” He reiterated this as late as August 2007. In terms of the number of reactors to be placed under safeguards, Mr Mishra confessed that when he had proposed two, the US had not even responded. We already have four under safeguards and another two Russian-built reactors will, when completed, take that number to six. So, the separation plan has proposed to place eight reactors under safeguards and kept eight, not including the fast breeder reactor, out. It cannot be a logical argument that the reactors kept out of safeguards will not be able to produce enough fissile material for a credible minimum deterrent if we were ready four years ago to start negotiations to stop the production of all fissile material for weapons purposes. It is also worth noting that it is precisely this issue — the continuing availability of fissile material for weapons purposes — that has infuriated the non-proliferation lobby in the US and has led the Pakistan National Command Authority to object to proceeding with the FMCT negotiations because …”the US-India Nuclear Agreement would have implications on strategic stability as it would enable India to produce significant quantities of fissile material and nuclear weapons from unsafeguarded nuclear reactors.” None of these issues would be unknown to the BJP and its allies in the NDA. If they are really concerned about India’s strategic interests and independence, there is a clear need for a review of their objections to the 123
Agreement. The writer is a former Ambassador of India to the UN at Geneva.
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Send them to Coventry TO “send someone to Coventry” means making him feel his redundancy. The expression has a historical background also. Churchill ignored warnings for the bombardment of Coventry by the Germans, to save London, as a tactical move. The other day, casually flipping through half a dozen newspapers, my friend said to me: “Nothing really exciting!” “What happened? There is enough there to be just happy about !” I contorted mischievously when he said, “Complacence, isn’t it? Can’t we send them all to Coventry?” “Whom?” I asked. “To begin with the likes of you—Cops!” he concluded with all the contempt hurled at me and my tribe. And he unfolded his intent to banish all the policemen of the country to the “Island of the naked” to learn passive resistance, a la Gandhi, having no temptation and situation, when they should be able to rob anybody of their belongings. “Leeches all!” he said. “And what about you, journalists? Should they all be not packed off to jungles where being unable to sneak into private lives of people, they cannot sting others, but get stung by wild scorpions, snakes and black widows?” I said and quizzed my friend, winking, if he had any solution for the politicians. Presto, he propounded a wonderful idea. “These moral lepers be made to spend a year or two in universities and centres of Excellence. “ To improve their qualifications?” I quipped poking fun at my friend’s proposition but he said matter of factly, “No! For the simple reason that they should learn how our academicians fight—and on issues that are so trivial that put to shame even the infants in their pans.” “Look buddy, this gives me enough food for thought and I suggest that all our Blueline drivers should spend at least a fortnight sleeping in a mortuary; the Gen-X brats be bundled off to old age homes to hammer a point in their psyche that they themselves would grow that old and infirm,” I philosophised. “Makes lot of sense!” my friend exclaimed and with his tongue firmly in his cheek said: “Let all the lawyers go to Pakistan, where they can learn to really fight.” “What about the religious bigots?” I asked and my friend had a ready answer: “To the abattoirs and butcheries where they may have a change of heart and develop aversion to spilling blood.” When this tete-e-tete was going on, I flashed back to the time when I myself was once sent to Coventry. We were taken to downtown Coventry from where we strayed into some sidelanes. Here we encountered some junkies and one of them tried to snatch my camera. We looked for the cops around but were later told that even for the police that was a “no visit area”. Was it really a part of our training to feel the helplessness of a victim? Or, were we to know the real meaning of being “sent to Coventry”, I still wonder. Having returned to myself from my fanciful flight, I urged myself to make a point, “And …!” But I was checked by my friend, “Hold on dude, for everything else the Judiciary hai
naa!”
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A time bomb under America DEEP beneath Yellowstone National Park in the United States lies a vast super-volcano which, if it blew up, could devastate much of the US. Recently, it’s been a bit too restless for comfort. Visitors to Yellowstone National Park in the north-western United States know not to be careless about the bears that roam its pines or the many hissing and sizzling geysers that dot its magnificent landscape. Few ever worry about being blown into space, though. Startling new geological data published yesterday in the journal Science suggests that it might be a good idea for most people -- and certainly those living in the region -- to be aware that there is more to Yellowstone than grand vistas and abundant wildlife. The hot springs are a clue to what lies beneath: seething layers of molten magma, super-heated gases and hydrothermal liquids. Yellowstone straddles one of Earth’s most studied “hot-spots”, where fissures in the crust, created by volcanic eruptions of eons past, have allowed giant streams of molten rock, or magma, to push closer than normal to the planet’s surface. In recent years something intriguing – if not to say thoroughly nerve-rattling – has been going on. The magma is on the move. And so is Yellowstone. Over the past three years, according to the report, the ground in the volcanic caldera that spans about 925 square miles and accounts for much of the park’s terrain has been rising towards the sky at the rate of almost three inches per year. That is three times faster than has ever been observed before. It raises the obvious question: what is happening under the park? And what might be about to happen? The study’s authors are aware, of course, that the notion of Yellowstone being some kind of humming volcanic time-bomb is not something that tourism officials will want to advertise. And, indeed, any kind of panic because of the new data, remarkable though it is, would be entirely misplaced, they insist. “There is no evidence of an imminent volcanic eruption or hydrothermal explosion. That’s the bottom line,” insists Robert Smith, a professor of geophysics at the University of Utah and the lead researcher in this study. “A lot of calderas worldwide go up and down over decades without erupting.” It may also be reassuring to know that no very big bangs have happened at Yellowstone for a very long time. The caldera, the walls of which are easily discernible from some vantage points in the park, was formed by some massive eruption past when a more classic-looking volcanic cone was probably obliterated. And while the park is still technically a “super-volcano”, it is estimated that it has not blown its top for 640,000 years. If you are planning to be in the park on a Thursday next March, therefore, the chances of it detonating that particular afternoon are surely slim. No one is about to take their eyes off the park, however, not least because of these unusual new findings that suggest at least that pressures beneath the ground are rising. Moreover, geologists are well aware that were a major eruption indeed to happen, the impact would rival any natural disaster the world has ever seen. Remember the destruction when Mount St Helens flipped her lid in 1980, turning 240 square miles into a wasteland? The energy released at Yellowstone would be many hundreds of times greater. Moreover, Yellowstone may be due a massive release. Geologists believe that the super-volcano beneath the park has undergone major eruptions at roughly 650,000-year intervals. There have been about 140 such events over 16 million years. Because the last serious explosion is believed to have taken place 640,000 years ago – although there was a minor flare-up 70,000 years ago – who is to say, really, that another one is indeed not imminent? Scientists have been observing the rising and falling of the ground at Yellowstone since 1923. The last most rapid period of upward movement occurred between 1976 and 1985, but only at a rate of about one inch a year. Professor Smith and his assistants began taking their readings in 2004 with instruments aided by satellite tracking placed at numerous spots across the caldera. They have even observed undulations in the caldera’s surface, with some spots rising faster than others one year and then slowing down again while different areas catch up. In the study, Accelerated Uplift and Magmatic Intrusion of the Yellowstone Caldera, 2004 to 2006, the authors note that while most of the magma remains about 400 miles below the surface, a significant plume rises to about 30 miles deep, where it spreads out horizontally like a pancake that is larger than Los Angeles. It seems likely that the pancake is expanding and causing the floor of the caldera suddenly to rise. “Our best evidence is that the crustal magma chamber is filling with molten rock,” Professor Smith explained. “But we have no idea how long this process goes on before there either is an eruption or the inflow of molten rock stops and the caldera deflates again.” In other words, something is afoot, but no techniques exist to forecast what comes next. The prediction is easier for single-channel, cone volcanoes. At a caldera such as Yellowstone, the magma could suddenly blow through at any number of locations. “We use the term ‘restless’ to describe these systems,” Professor Smith said. And what if the ground at Yellowstone does not start to go down? Well, these calderas, he admits, “occasionally they burp”. Let’s hope the park’s belly-ache resolves itself – such a “burp” would shake half of the planet. By arrangement with The Independent
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Police Act needs accountability clause
THE proposed Punjab Police Act that was cleared by the Punjab Cabinet earlier this week is “balanced” only in parts. It is heavily lopsided in favour of the police when it comes to fixing accountability and also keeps out public representation in managing the affairs of the police. Though fears about a “police raj” being established may be an exaggeration, a strict accountability clause should have been introduced under the “punishments” listed in the act. The powers of the Deputy Commissioner to “co-ordinate and direct the functioning of the police” on almost all matters have been retained, hence fears of police supremacy could be misplaced. On the other hand, the experience of the Punjab police in fighting militancy has resulted in strong provisions in the proposed Act. The provision to set-up a separate crime investigation wing will help improve the conviction rate. The only clause on accountability is weak. It says “the state government may notify and constitute a state level police complaint authority as and when required”. Why strict accountability norms to penalise the erring cops was not added to the act is a mystery in itself. It shows the influence the Punjab police wields. Or is it that the politicians want to keep the “controlling lever” of the police with themselves? The Punjab Government could actually introduce the accountability clause even now, or could do so when it the bill is tabled in the Vidhan Sabha in the coming few months. The new act – the first overhaul to the archaic Police Act 1861 drafted by the British – is a mix and match of the National Police Act and the Police Act of neighboring Haryana. To tackle militancy and terrorism the state government, through a notification, can declare any urban or rural area as a ‘special security zone”. The Act empowers the government to issue a notification and prevent and control the activities of persons or organizations that may have an impact on internal security of this “special security zone”. Also it allows the police to regulate the inflow of funds that are considered to be a threat to internal security. This means the police can ban or stop the take-over of religious places or any areas by terrorists or organisations and also check any inflow of money to anybody. Both the provisions are crucial for internal security if used correctly. They provide, however, immense scope for misuse. The unscrupulous among the cops can always arm twist any businessman under the name of checking inflow of funds. And only time will tell if somebody could be divested of his property in the name of the “special security zone”, as cases have now cropped up with similar allegations of excesses committed during the days of terrorism. Since these two provisions will be evoked only in case of militancy, the government needs to have some deterrent on cops where ever such special zones are notified from time to time. Specific punishment could have been listed in the proposed Act for violations, if any, committed in the “special security zone”. One good thing the proposed Act will do is to increase the rate of conviction, as a separate crime investigation wing will be formed at the police station level. A project to segregate the law and order and investigation wings at the police station-level was started in a few areas of Punjab and already the rate of conviction has hit as high as 70 per cent in Patiala. Each district will have a separate investigation wing the cops posted to these wings will do no other work. Scientific aids and forensic science techniques will be used. Separately, the DGP has been given powers to outsource expertise as and when required, to give the force an edge. This will be crucial in matters like managing computer related tasks of reading hard disks, cracking password-based digital locks and tracking email addresses besides technical inputs on telecommunication and mobile telephony- all very crucial in tracking down crime in a modern society. Other services aimed at improving the efficiency of the police will include a full-fledged forensic science laboratory, a finger print bureau, a state crime records bureau and telecommunication wing. A research wing will undertake studies related to policing. If all this is put in place with a proper budget and computer-backed data, this could be an asset in the long run for the police. A UN report says Punjab as the state has emerged a kind of gateway for drug trafficking and without ready data on criminals and gangs it becomes difficult to correlate incidents. Another important aspect covered in the act is that no official having a criminal record or pending vigilance enquiry can be posted as SHO - that is the fulcrum of the police working. The Punjab Government could have shown grace and added the name of the leader of the opposition and also some representation from civilians among the members of the state police board. The national human rights commission, Soli Sorabjee committee and J.F Rebeiro committee – all three on police reforms, had kept the provision for leader of the opposition and also eminent citizens in the police board. The Supreme Court had actually said any of three models could have been adopted. Probably the ruling SAD-BJP combine thinks it will be in power forever hence it did not take in the leader of the opposition. Does it need to hide anything that eminent citizens are kept out? An amendment could uphold democratic principles.
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Chatterati Rahul Gandhi
attended his first meeting of the Congress Working Committee (CWC) last week. He was, of course, warmly welcomed by all the old members. Rahul’s suggestion of lowering the age for membership from 21 years to 18 years was immediately agreed upon. After all, if one can vote at 18, why can’t he become a member of a political party? He also wants to do away with all kinds of categories of memberships and have just one. Khadi is also not compulsory any more. As it is, most of our young MPs dress in the best international brands with watches, pens and sunglasses to match. The shoes are no more sneakers like Rajiv Gandhi’s. Here we walk around now in Armanis and Hugo Boss. So, the Congress is coming of age now. Obviously the older lot is feeling a bit outdated. A new generation is emerging. Ambassadors are out. Swanky cars, fast mobikes and holidays abroad are the mantra now. Internet and mobiles are for them the best way of communicating a message. In a way it’s also how we Indians have evolved over all. On the whole a new set of rules set by the young Mr Gandhi are going to be laid down. Thank God! The Congresswalas are leaving a sigh of relief and are praying that the old fogies who are still there, and refusing to give up even as they reach their eighties and nineties, will have to go and give way to a whole new school of thought. All eyes are now, of course, on how all this will be presented and positioned at the AICC session scheduled for the 17th. Elections are galloping closer and the party faithful will be watching closely to see what’s in store to help them win, in what seem very difficult circumstances at the moment. Does the new leadership have some new methods up its sleeve, or will the sleeves just be cosmetically changed?
Hectic Diwali Delhi has, after many years, had a hectic Diwali with traffic jams, pollution at its highest and cards stakes going into crores. The more glitzy action seems to have shifted to the farm houses, keeping in mind the new rules on noise levels and the constraints of parking in town. A new dimension is the presence of large numbers of east European women. Whether as dancers or hostesses, they are the new symbol of over-the-top display of wealth. Strangely though, big stakes gambling seems to have moved down by a generation with younger punters playing for higher and higher stakes. The Indian economy is booming, one can see here. Markets are overflowing with people. Mithai seems to have been replaced by fruits, chocolates and diabetic biscuits. But on the whole, a bright, joyful Dhanteras. The increase of smog on Delhi’s streets during Diwali is the signal of how the rest of the winter is going to be. Choked roads, choked runways and choked lungs – post Diwali does not look so much fun. Better rules and regulations can only do so much. The problem seems to be that we simply have a situation of growth that does not care for the environment; the danger is right in front of our eyes, but no one seems to know how to respond.
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