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EDITORIALS

Gun in schoolbag
Symptom of a deep malaise
EVERYONE thought that gory incidents of teenage students going about shooting their schoolmates were something that happened only in the decadent West. But the unthinkable became a grim reality right here in a Gurgaon public school on Tuesday when two Class VIII boys shot a classmate dead with a licensed revolver of the father of one of them. Heinous as the crime is, it is only the manifestation of a deep malaise in today’s society. We will be ignoring it only at our own peril.

Stop ragging
Students need mentoring, not teasing
THE custom of teasing students when they join colleges is an old one but that alone does not give it any legitimacy. There are times when ragging, called hazing in the US and Canada, takes a turn from teasing to tormenting. It can harm students and even cause death. The general acceptance of ragging in colleges is based on the assumption that in this way, junior and senior students get to know each other.


EARLIER STORIES

Balance of power
December 12, 2007
Dalit welfare
December 11, 2007
Hope for the elderly
December 10, 2007
Rule of law enhances national security
December 9, 2007
It’s the pits
December 8, 2007
Politics of lynching
December 7, 2007
The way of Buddha
December 6, 2007
Vendetta against Venugopal
December 5, 2007
Reforms on hold
December 4, 2007
The case of Dr Venugopal
December 3, 2007


Triumph in series
Indian Test cricket on a high

SO Anil Kumble finishes as he began — on a high. In his maiden series as captain of the Indian cricket team, he and his men have registered a Test series victory against Pakistan at home, after a long 28 years. Much has changed in those 28 years, and it is a creditable accomplishment, as is Kumble’s five-wicket haul in the last Test at Bangalore.
ARTICLE

Political uncertainty in Pakistan
Fairness of election in doubt
by G Parthasarathy
Testifying before a Senate sub-committee in Washington on December 7, Assistant Secretary of State for South and Central Asia Richard Boucher conceded that while the elections General Musharraf is proposing to hold on January 8 will not be “perfect”, Pakistan could nevertheless hold elections that are “transparent” and “fair”. Boucher’s confidence about elections even being “fair,” if not “perfect,” is not shared by the two most prominent political parties in Pakistan — the People’s Party (PPP) led by Benazir Bhutto and the Muslim League (PML (N)) led by Nawaz Sharif.

MIDDLE

Fear factor
by Sarvjit Singh
IT was around 8 pm, when the telephone rang. “I am leaving for a village near Sunam. The villagers have captured some kaley kachhey wale (a gang of killers who club their victims in sleep). Would you like to accompany?” spoke the SSP.

OPED

The hidden costs of oil
Speculative premium keeps crude prices high
by Paul Roberts
FOR years, OPEC has argued that oil prices are being driven by external factors such as the weakening dollar and speculators – and are thus out of the cartel’s control. And for years, skeptics have dismissed such claims as cover for the cartel’s greedy unwillingness to pump more oil. Recently, however, even the skeptics are acknowledging the price-pushing power of non-OPEC forces in the oil market – forces that could be doing importers as much damage as anything the cartel ever tried.

Pay defence personnel in kind
by Lt. Gen (retd) Raj Kadyan
A uniformed defence person leads a nomad’s life during his entire service. Statistically, taking into account both the inter-station as well as the intra-station moves – from make-shift to hard-luck to temporary to permanent accommodation – on an average, every Army officer shifts residence 25 to 30 times during his married service life.

Legal Notes
Judiciary final arbiter of Constitution
by S.S. Negi
THE unprecedented verdict by a division Bench of the Supreme Court questioning even its larger benches’ orders on delicate constitutional questions, when the apex court was called upon to act as a final arbiter, has not gone down well with the legal fraternity.

  • Education a basic right

  • No mercy for rapists

 

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Gun in schoolbag
Symptom of a deep malaise

EVERYONE thought that gory incidents of teenage students going about shooting their schoolmates were something that happened only in the decadent West. But the unthinkable became a grim reality right here in a Gurgaon public school on Tuesday when two Class VIII boys shot a classmate dead with a licensed revolver of the father of one of them. Heinous as the crime is, it is only the manifestation of a deep malaise in today’s society. We will be ignoring it only at our own peril.

The first thing to note is the danger of bullying in schools. Scraps between students are as old as the mountains but when they become so harsh that some students feel threatened for their life, there is something very wrong. According to reports, the deceased was a bully and had even threatened to kill the two boys who finally took this extreme step. The reports of the tiff had reached the school authorities and the parents but they failed in counselling the boys or punishing the guilty. The compromise reached among them proved to be illusory.

Another noteworthy thing is the undercurrent of extreme violence in the teenage minds. The hormonal imbalances of the growing up days have combined with the stress and frustration of modern living to make life miserable for them. Combine this fiery mixture with the spark of constant bombardment of violent images from the TV, cinema and the internet, and you have time bombs walking on the campus.

But the most alarming is the criminal neglect shown by some parents who keep dangerous firearms at home openly. The father of one of the two boys had reportedly left his licensed foreign-made pistol in a TV trolley of all the places which the son took to school clandestinely. When you have teenagers at home, that is an open invitation to disaster. If we look carefully around, perhaps we will find one or more similar mistakes happening in our own backyard. These have to be studiously eliminated to prevent another Gurgaon.

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Stop ragging
Students need mentoring, not teasing

THE custom of teasing students when they join colleges is an old one but that alone does not give it any legitimacy. There are times when ragging, called hazing in the US and Canada, takes a turn from teasing to tormenting. It can harm students and even cause death. The general acceptance of ragging in colleges is based on the assumption that in this way, junior and senior students get to know each other.

It also supposedly smoothens the fresher’s initiation. While this argument holds some merit, problems arise when ragging gets out of control. This has been happening with distressing frequency. Professional institutions, instead of taking the lead in curbing the menace have, unfortunately, become places where ragging is at its worst.

When things go out of hand, the criminal justice system and the courts step in. Now, the Supreme Court has directed educational institutions to make it clear in their prospectus that any student involved in ragging would be expelled. This was the apex court’s response to the information provided by Additional Solicitor-General Gopal Subramaniam, who is amicus curiae in the case, that there had been around 100 cases of ragging even after the directions, issued in July by the court, on the Raghavan Committee’s recommendations.

The committee, headed by the former CBI Director, had rightly maintained that the primary responsibility for curbing ragging rests with academic institutions themselves and that ragging adversely impacts higher education. While the media has played the role of highlighting this problem, the educational institutions do not usually take the issue seriously enough. However, it is for various educational institutions to ensure that ragging does not take place. Ragging violates the fundamental rights of the students, who need mentoring, not teasing.

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Triumph in series
Indian Test cricket on a high

SO Anil Kumble finishes as he began — on a high. In his maiden series as captain of the Indian cricket team, he and his men have registered a Test series victory against Pakistan at home, after a long 28 years. Much has changed in those 28 years, and it is a creditable accomplishment, as is Kumble’s five-wicket haul in the last Test at Bangalore.

It almost saw India make it 2-0 instead of 1-0, to add to the first win at New Delhi in the series. Of course, it would have been all the better if bad light had not called off play and India had managed to force the win. There will be the usual gripes about the late declaration, but as many a veteran will tell you, it is the apparently easy that can prove the most difficult.

Pakistan was asked to bat out just a couple of hours of the last day and everyone was expecting a tame draw. Knives were being sharpened for a few pokes about lack of firepower in the bowling and the need for bolder declarations. But on a crumbling pitch where the bounce was getting variable by the ball, Kumble brought the game to life. A few more overs and they might well have all broken down.

In the end, it must rank as an interesting series with many positives to take away. The batting of veteran Sourav Ganguly, in come-back form, was outstanding as was that of Wasim Jaffer, V.V.S. Laxman and Yuvraj Singh. This augurs well for the tough Australia tour ahead. And while the bowling is admittedly a bit of a concern, with injury worries to boot, there is no cause for despair. India has been doing well in Tests, winning in England and in the West Indies. If the boys do manage to put one over Australia in their own backyard, that will truly be the proverbial icing on the cake. Something to look forward to as the year turns.

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Thought for the day

To accomplish great things, we must not only act, but also dream; not only plan, but also believe. — Anatole France
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Political uncertainty in Pakistan
Fairness of election in doubt
by G Parthasarathy

Testifying before a Senate sub-committee in Washington on December 7, Assistant Secretary of State for South and Central Asia Richard Boucher conceded that while the elections General Musharraf is proposing to hold on January 8 will not be “perfect”, Pakistan could nevertheless hold elections that are “transparent” and “fair”. Boucher’s confidence about elections even being “fair,” if not “perfect,” is not shared by the two most prominent political parties in Pakistan — the People’s Party (PPP) led by Benazir Bhutto and the Muslim League (PML (N)) led by Nawaz Sharif.

Both these parties are trying to agree on a charter of demands to ensure that the elections are not rigged by General Musharraf in the blatant manner that he rigged the elections held by him in 2002, when his protégés led by the Pakistan Muslim League (Q) made up of dissidents from the PML (N) led by Nawaz Sharif got themselves voted to office by some ingenious “political engineering” effected by the ISI, which then proceeded to split the People’s Party to muster up a pliant majority in Pakistan’s National Assembly.

Benazir Bhutto has alleged that the Musharraf administration has already passed on thousands of ballot papers to constituencies across the country to stuff ballot boxes. Political parties and the media have alleged that the “King’s Party,” the PML (Q) has been given access to State machinery to facilitate its candidates and District Nazims “elected” under President Musharraf’s dispensation are using their immense powers to prop up the “King’s Party”. Neither Benazir nor Nawaz has any faith in the Chief Election Commissioner appointed by Musharraf, or the compliant judiciary installed after independent judges led by Chief Justice Iftikhar Mohammed Chaudhury were arbitrarily sacked and placed under house arrest under the Martial Law (dubbed as a provisional Constitutional Order) proclaimed by General Musharraf, when he was still the Army Chief.

Despite demands from many political parties that the elections must be boycotted, if the sacked judiciary is not restored to office and a neutral caretaker administration and neutral Chief Election Commissioner are appointed, it appears unlikely that any of the major political parties will boycott the polls, as the PPP led by Benazir would not want to risk American displeasure by joining a boycott.

The Americans have let it be known that actions by the former Chief Justice, freeing suspected terrorists long held without any charge were not liked by them. Moreover, the American misgivings about Nawaz Sharif were made explicit by President Bush himself. Speaking to CNN on November 29, President Bush stated: “I do not know him (Nawaz Sharif) well enough. But he is reported to have good relations with Pakistan ‘s religious parties, which raises doubts about his commitment to battling the Taliban and Al-Qaeda. I would be very concerned if there is any leadership in Pakistan that didn’t understand the nature of the world in which we live today”.

Just a day earlier, President Bush proclaimed: “Musharraf is a person who has done a lot for Pakistan democracy”. There will not be too many takers in Pakistan for this assertion, though many Pakistanis believe that India’s Prime Minister Dr. Manmohan Singh shares a similar affection and regard for Pakistan’s erstwhile army chief. If President Bush looked the other way as the ISI helped the Taliban in Baluchistan, Prime Minister Manmohan Singh’s Government readily absolves the Musharraf Government of all responsibility in the recent plot by terrorists of the Jaish-e Mohammed to kidnap Mr Rahul Gandhi. The Manmohan Singh Government is today a virtual apologist for terrorism sponsored from across the border— a policy we will live to regret.

Having introduced amendments to Pakistan’s 1973 Constitution that give sweeping powers to the President, General Musharraf obviously intends to retain the levers of power with a pliant Prime Minister and a docile Parliament functioning as a mere talking shop. He will not hesitate to use all available elements of State power to ensure that neither Benazir Bhutto nor Nawaz Sharif get anywhere near an absolute majority in Parliament. If Major-General Ehtesam Zamir of the ISI helped him achieve this in 2002, he will count on Lt. General Nadeem Taj and Brigadier Ejaz Shah who head the ISI and the Intelligence Bureau to deliver the goods in 2008. The “political engineering” sought by the ISI and IB will aim to ensure that Benazir Bhutto’s Party can come to power only in coalition with Musharraf-friendly parties like the Karachi-based MQM, the King’s Party, PML (Q) and the ISI backed Jamat Ulema e Islam of Maulana Fazlur Rahman. It remains to be seen whether such “political engineering” will succeed. General Musharraf will count on the Americans declaring that though not “perfect,” the elections were “fair”.

Saudi Arabia has also entered the political scene to ensure that the Americans can hedge their bets. The Saudis, who are traditionally revered in Pakistan, earned the wrath of Pakistanis at large, when they unabashedly collaborated with Musharraf to have Nawaz exiled to Saudi Arabia, when he returned to Pakistan. Shortly after the British announced that Nawaz should be allowed to participate, the Saudis insisted that Nawaz should enjoy a level playing field with Benazir in any election. King Abdullah made an aircraft available for Nawaz to return to Pakistan and bulletpoof cars for him to travel, for electioneering. The Saudi Ambassador is the only individual granted permission to meet Chief Justice Iftikhar Chaudhury while he is still under house arrest. Thus, should by some chance, Nawaz do unexpectedly well in the forthcoming elections, the Saudis can always help to ensure he plays ball in the “war on terror”.

Pakistan is heading into uncharted and turbulent political waters. Differences between the Prime Minister, Parliament and civil society organisations on the one hand and General Musharraf on the other, will inevitably emerge within months of the elections. At that stage, General Ashfaq Pervez Kiyani who would have consolidated his hold over the army will emerge as the key figure to deal with national issues, as an independent centre of power.

Experience has shown that Pakistan’s Generals, once in office, seldom blindly side with their mentors. Pakistani friends have told me that General Musharraf is seen in his country as being more popular in New Delhi and Washington than in Pakistan. Prime Minister Manmohan Singh will do well to remember this, if he chooses to undertake an early official visit to Pakistan, as Pakistan’s Foreign Minister Inam ul Haq has stated that such a visit is expected shortly after the January 8 elections.

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Fear factor
by Sarvjit Singh

IT was around 8 pm, when the telephone rang. “I am leaving for a village near Sunam. The villagers have captured some kaley kachhey wale (a gang of killers who club their victims in sleep). Would you like to accompany?” spoke the SSP.

In five minutes we were on the way and were at the spot of the occurrence after traversing 10 kilometres of highway and 7-8 kilometres of the village roads. Seven-eight hundred people were there, some inhabitants, some from nearby villages, some on rooftops, some in the lanes, some pale with scare, some screaming in anger, some screaming with thrill, some holding brickbats, some holding flame torches and all saying “They will not go back alive. We will torch the b****s.”

We were just six, me, the SSP and four policemen. “Where are they holed up?” I nudged one. “There in the school building. We had almost caught all of them and have broken the legs of two of them; then they took out weapons and managed to drag into the school. They have bolted the hall from inside. But how long will they sustain? Need be, we will set the building on fire,” said the people.

Feeling helpless in front of the agitated mob, we tried to gauge the situation. One of them said: “They had attacked a family in the adjoining village a few months ago and killed three, including a young girl. Today they won’t go alive.”

“Are you sure they are the same?” I asked him. “Yes! They operate in the same area, they have tasted blood. They were successful last time, so they are roaming around. We have captured their jeep also.”

Then with a war cry, 50-odd people charged towards the school gate. We tried to calm down the crowd, telling them they had no right to execute a man. “That we will see later”, came the reply.

We then stood in the middle of the crowd and shouted “Nobody moves!” They were frozen by the confidence of the handful; it’s a different matter we could not have done much had they violated the command. The attrition went on for an hour or so, till the reinforcement the SSP had ordered arrived from the police lines. There was a mild lathi charge before we were at the door of the school hall. “Open the door. You will not be harmed. I am the Deputy Commissioner.”

The door opened after some persuasion. Painted in grime and dust, one boy appeared; with blood coagulated on one of the temples. The other two could not walk; their legs were hanging at unnatural angles. They were shifted onto a police truck on makeshift stretchers and taken to the Civil Hospital.

There we saw their faces in the light. “They are not criminals,” I said to myself.

“We had lost the way. We are not criminals.” They pulled out their identity cards with trembling hands.

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The hidden costs of oil
Speculative premium keeps crude prices high
by Paul Roberts

FOR years, OPEC has argued that oil prices are being driven by external factors such as the weakening dollar and speculators – and are thus out of the cartel’s control. And for years, skeptics have dismissed such claims as cover for the cartel’s greedy unwillingness to pump more oil. Recently, however, even the skeptics are acknowledging the price-pushing power of non-OPEC forces in the oil market – forces that could be doing importers as much damage as anything the cartel ever tried.               Reuters photo

The most obvious is the sagging dollar. Because oil is priced in dollars, and because the dollar’s value has fallen nearly a third since 2002, Americans are spending more – perhaps as much as $20 more – for a barrel of oil.

And that pales against what speculators might be adding to the price. Although all commodities can be manipulated by speculation, oil is especially vulnerable. First, oil is prone to supply disruptions, whether from hurricanes or border wars. Second, oil is highly opaque. The global oil system has so many pieces – producers, refiners, shippers and distributors – that no one knows precisely how much oil is in any given place at any given time.

This means that estimates of how much excess inventory is in the system – and thus, how big a buffer we have against a disruption – can change rapidly. So when the U.S. Department of Energy, for example, announces a “surprising” decline in U.S. oil inventories – and by implication a smaller buffer – the oil market responds by driving up prices.

Oil is, in other words, an inherently volatile commodity and thus highly attractive to traders, who profit by betting on the daily and even hourly fluctuations in price. And while there’s nothing criminal about betting on price, it is a problem when the bets themselves influence the price.

If enough traders gamble that oil prices will rise over, say, the next 30 days, then the price of 30-day oil futures contracts will rise, which eventually will pull up the current, or spot, price of oil – the classic self-fulfilling prophecy. And because traders are always looking for anything that might warrant a price increase (and thus, the placing of a bet), the smallest events – unrest in Nigeria, for example, or even upbeat economic news (which implies greater oil demand), become potential catalysts for a price rise.

Just how large this “speculative premium” is has become a matter of intense debate. Historically, says Fadel Gheit, a veteran oil analyst at Oppenheimer & Co. in New York, oil prices have run about three times what it costs to physically extract a barrel from the ground.

Given that these extraction costs run between $15 to $19 a barrel worldwide, the “correct” price should be somewhere between $45 to $57. Indeed, as recently as 2005, OPEC itself claimed that $45 was a reasonable price. If that’s true, we’re paying a speculative premium of up to $45 for each barrel, or about $1 for each gallon of gasoline.

If nearly half the price of oil isn’t justified by fundamentals like supply and demand, then sooner or later the price must fall. In theory, that ought to mean that a trader willing to bet against the market, by buying an oil futures contract for a lower price, should make a fortune. But in recent years, says Gheit, “anyone who has bet against the market has had their head handed to them” because the price keeps rising.

Why? The answer is complex. First, even with a speculative premium, the oil market is still out of balance. Demand for oil, especially in booming China and India, is rising faster than supply. And tight markets are prone to perturbations – be they caused by political events, hurricanes or, more recently, speculators’ bets.

What, if anything, can be done about the speculator premium? Various commentators have called on Washington to regulate commodity speculation or release some of the nation’s Strategic Petroleum Reserve and thus flood oil markets.

But motorists shouldn’t hold their breath waiting for policy action from Washington. When it comes to oil, our lawmakers have an abiding faith that the markets will sort themselves out; that when gas prices get high enough, demand will fall, and so will price.

Meanwhile, Washington’s free-marketeers should bear in mind that the cost of the speculator premium goes beyond angry motorists. Every dollar increase in oil prices represents a huge bonus for oil exporters, not all of whom can be trusted to use it wisely. Iran, for example, is now raking in roughly $5.5 billion extra a month because of the speculator’s premium – cash that could be used to fund any number of nasty ventures, and that could offset whatever economic sanctions Washington manages to deploy against Tehran.

In the ultimate oil irony, even the merest mention by US President Bush of sanctions against Iran is enough to push up oil prices – and thus to send even more dollars to Tehran.

The writer is the author of “The End of Oil: On the Edge of a Perilous New World.”

By arrangement with LA Times-Washington Post

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Pay defence personnel in kind
by Lt. Gen (retd) Raj Kadyan

A uniformed defence person leads a nomad’s life during his entire service. Statistically, taking into account both the inter-station as well as the intra-station moves – from make-shift to hard-luck to temporary to permanent accommodation – on an average, every Army officer shifts residence 25 to 30 times during his married service life.

Changing stations takes a heavy toll in terms of children’s education, job opportunities for the spouse, etc. However, this kind of disruption is part of Service life and is unavoidable. Nevertheless, what is certainly avoidable is the financial loss involved in physically shifting the entire household.

Breakages and damages are commonplace. These cannot be made up by the existing transfer grant. Nor are these covered by warranty clauses as most of these clauses are station-specific. Besides, in our vastly varying climatic conditions, the items do not have universal utility. For example, if a person is posted from Bikaner to Leh or Shimla, the room coolers are not needed. The owner therefore is forced to sell these at throw-away prices or mothball them for storage. All this puts a severe strain on one’s finances.

Purchasing new household appliances to replace the broken/damaged ones periodically during one’s service is a hard reality. I am referring to only those items which in the present day can be classified as ‘necessities’. There is therefore a strong case for provision of these appliances as part of furniture to defence personnel in government accommodation. As of now, apart from furniture, only geysers are so provided.

The VI Pay Commission is in session. They need to consider the above aspect. They should resist getting overawed by the usual argument that anything sanctioned for defence forces will also encourage a similar demand from other Central Government services. Such contention is specious. That the service conditions of the defence forces are different and unique is blindingly clear. There is no logic or justification for any equation with others.

On transfer to a new station, an officer as well as personnel below officer rank (PBOR) should be allotted a furnished house provided with essential appliances of daily use. Some of the recommended items are discussed here. First in the list is the refrigerator. (For example, in the 27 changes of stations/accommodation, this writer had to buy three refrigerators before retiring.) While officers should be provided with at least a 250-litre capacity, smaller ones can be provided to the PBOR. In stations where the climate is hot, there is a strong case for desert coolers to be provided in residential quarters. For senior officers of the rank of Colonel and above, the requirement is that of air conditioners.

Next on the list is a washing machine. This is another bulky and delicate item that gets invariably damaged during transit. While every married officer needs to be provided with a machine on individual basis, for PBOR the requirement could be met by installing large community washing machines in each cluster of residential quarters.

Television sets are next on the list of recommended appliances. To start with this could be supplied only in the officers’ accommodation. This also goes for microwave ovens. Curtains need to be provided in all government quarters; as of now, in the absence of standardisation, a new set of curtains have to be invariably fabricated during each posting.

Yet another item that merits inclusion for officers is the mattress. All beds provided in the official houses of officers as part of furniture should come with foam mattresses, pillows and bed linen. In the kitchen ware, there is a need for provision of cooking range and all large cooking utensils that are required for preparation of Indian food. These are bulky, difficult to pack and are susceptible to transit damage. Water filters, inverters, ironing boards etc are some other items that are essentials in every family.

The items mentioned here do not form an exhaustive list. What is important is the concept. Once the in-principle approval is accorded, a detailed list can be prepared by a committee. There will undoubtedly be an initial purchase expense. Technically, the money has to come out of ‘works’ and ‘stores’ budget heads and will not get reflected under the salaries head. The recurring cost may not be large considering that most of the items are of durable nature and have long life. Bulk purchases should be done directly from the trade to reduce cost. The repair and maintenance should be outsourced on a contractual basis instead of being given to the MES. This will both improve quality and increase satisfaction level.

The popularity of defence forces, particularly in the officer cadre has taken a severe beating in the prevailing economic boom and resultant lucrative job opportunities in the private sector. This is evident from the high deficiency in the officer cadre and to pretend otherwise would amount to shying away from facing reality. Any measure that can contribute even in a small way to the popularity of defence forces as a career should be a welcome development. Since the government salaries cannot match the private sector, provision of emoluments in kind would be a rational step.

The writer is a former Deputy Chief of the Army Staff

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Legal Notes
Judiciary final arbiter of Constitution
by S.S. Negi

THE unprecedented verdict by a division Bench of the Supreme Court questioning even its larger benches’ orders on delicate constitutional questions, when the apex court was called upon to act as a final arbiter, has not gone down well with the legal fraternity.

Several top lawyers have termed the effort by the Bench of Justices A.K. Mathur and Markandey Kartju itself as a case of over-stretching the bar of limitation on judicial review. Experts say that there was no illegality in the apex court and the high courts’ intervention in the cases cited by the two judges, including the Supreme Court’s interim directions for composite floor tests in the UP and Jharkhand assemblies in 1998 and 2005 respectively.

The judiciary had acted within the constitutional limit and most of the cited matters are still pending. The Bench should have avoided any comment on them. Besides, judicial discipline demands that a smaller Bench refrain from commenting on the verdict of larger Benches, the experts feel.

In reference to UP and Jharkhand orders, they feel that the Supreme Court had acted within the constitutional limit in good faith and with good intention to defuse the fluid political situation in the two states. Articles 32 and 226 of the Constitution give wide powers to the apex court and the high courts to intervene in any issue in which the executive and legislature has either acted with mala fide intention, or had remained inactive to enforce the rule of law.

In making the provision of Articles 32 and 226, the framers of the Constitution were clear in their intention to cast upon the judiciary the responsibility of being the final arbiter, when there is a threat to the rule of law and the Constitution itself, many experts feel.

Education a basic right

On the face of the dismal performance by India in the field of education, where millions of children remain out of schools, the Supreme Court has gone a step further in putting the right to education in the “basic human right” category, which has a superior connotation than the fundamental rights defined in the Constitution.

Since the apex court did not find much strength in previously decided cases by it while defining the children’s right to education, it drew force from the International Human Rights Conventions imposing a duty on all UN member states to set up educational institutions to enrich the knowledge of their populace.

The apex court defined the law while restraining the Election Commission from putting teachers on poll duty during academic sessions. The court was of the view that the right of children to have uninterrupted study would prevail upon EC’s power under Article 324 of the Constitution, to call upon the teachers to do their duty.

No mercy for rapists

As various women rights organisations are demanding to make the offence of rape punishable with death sentence, by amending the relevant provision in the Indian Penal Code, particularly when the crime is committed against minors, the Supreme Court has decried the tendencies among some judges to take a liberal view in rape cases

Terming rape a serious offence against a woman, which leaves a deep scar on her personality for whole life, it was of the view that once the offence is proved, the culprit does not deserve any mercy and has to be awarded maximum punishment prescribed under the law.

An undeserving indulgence or liberal attitude by the courts in not awarding adequate sentence would amount to allowing or even encouraging potential criminals. The society, which has progressed to the 21st century, can no longer endure a such serious threat to a person’s dignity.

The courts must hear the “loud cry” for justice and impose adequate sentences on the offenders, as public abhorrence of the crime needs reflection through exemplary punishment. The caution to the courts below came in a judgement restoring seven years sentence to a rapist in Madhya Pradesh, reduced by the state high court to a mere two months, that too undergone in judicial custody, on the flimsy ground that he was an illiterate villager.

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