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An unhealthy trend Raging inferno |
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Punishing molesters A tougher law will act as a deterrent In view of the increasing cases of molestation in the country in the past few weeks, the Centre’s proposal for tighter legislation is welcome and the government needs to pursue it with vigour. In this context, Union Women and Child Development Minister Renuka Chowdhury has already started discussions with legal experts to examine possible amendments to the Indian Penal Code.
Row over Bharat Ratna
Natural justice
Tactical freeze in Kashmir Taking stock on ‘Army Day’ Delhi Durbar
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An unhealthy trend Over
the years, Maghi mela at Muktsar has become an occasion for political parties to woo the large audiences that gather there. Nothing wrong with that, except that this is sought to be done through shrill allegations and mudslinging. Since two can play the game, the Congress and Akali leaders (of various hues) treat the holy festival as a competition in shrillness. The tenor of debate at times crosses the limit of civility. This year was no exception. What many leaders seem to forget is that “parliamentary language” is expected from them even when they are outside the walls of the Lok Sabha or the Vidhan Sabha. Ironically, the speeches which are anything but sober are lapped up by a volatile section, and that encourages the leaders to go even more ballistic. The same story is repeated whether it is at Maghi Mela or Jor Mela. The worst part is that things do not stop at an exchange of more than harsh words. Leaders are not averse to exchanging blows also when need arises. The more sensible ones may not throw punches themselves but are more than willing to wink at their supporters itching to do so. In fact, with the sharpening of politics, no leader worth his votes can do without the active help of steamy invective, allegations and much else. Nor is this problem confined to Punjab. Rather, it happens to be an all-India phenomenon. Look at the way political issues are being settled through pitched battles between Mayawati’s ruling party (read the police) and paratroopers of former Chief Minister Mulayam Singh Yadav on the streets of Uttar Pradesh. And why blame Uttar Pradesh or Bihar alone? The CPM supporters did the same thing in Nandigram of West Bengal. This competitive erosion of values must come to an end. Everyone is agreed on that. Strangely, no one does anything substantial about keeping to the public discourse which the people of the country would expect the politicians to engage in, if orderly democracy is to survive. |
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Raging inferno It
can happen anywhere in the country. The raging fire in a building at the Burrabazaar market in Kolkata, still burning more than 48 hours after flames were first spotted in the 13-floor tower, is a pointer to just how ill-equipped local authorities are in tackling a major conflagration. It is incredible that in a capital city like Kolkata, not many fire engines could be used at a time, due to lack of water. Reports have also indicated that the fire-fighting team was not young and fighting fit, and its efforts were hampered by lack of other equipment like ladders. Most of our buildings and public spaces are notorious for low levels of awareness and implementation of fire hazard norms. All kinds of combustible materials lie in close proximity, with buildings and market places further hampered by inadequate safety exits and access points to fire-fighters. A couple of thousand shops have been destroyed and the building was in danger of collapse at the time of writing. What is more, the top floor apparently has a few hundred litres of diesel stored illegally. But while the building burns, authorities in other towns and cities should treat it as a wake-up call. Dangerous fires are not new in our congested, urban, public spaces, and many have taken a severe toll on life and property. Fire prevention norms are followed in the breach, if anything, and even new buildings are not properly designed and equipped. Many of the new malls, for example, do not inspire confidence. Though they have their token fire exits and the odd fire-fighting equipment scattered around, it is anybody’s guess if they have been properly vetted and cleared. As for the old style markets — with hundreds of shops packed cheek-by-jowl in small areas, with numerous people streaming in and out everyday — they are veritable tinderboxes, disasters waiting to happen. It is time the local authorities all over the country took fire safety more seriously. Fire-fighting units must be better equipped and trained, and prevention norms more strictly enforced. |
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Punishing molesters In
view of the increasing cases of molestation in the country in the past few weeks, the Centre’s proposal for tighter legislation is welcome and the government needs to pursue it with vigour. In this context, Union Women and Child Development Minister Renuka Chowdhury has already started discussions with legal experts to examine possible amendments to the Indian Penal Code. Presently, molestation and other forms of sexual harassment of women, as distinct from rape, are covered by Section 354 of the IPC. While this section refers to “outraging the modesty” of a woman by means of assault or criminal force, it does not directly refer to lewd comments or assault that is not “sexual in nature”. Though Section 509 covers the offence of lewd remarks, it requires the woman to prove that the accused had an intention to “outrage her modesty”. Similarly, eve-teasers are rarely punished under the existing law unless a policeman or policewoman happens to witness it. Over the years, several eve-teasers have got away scot-free following the victims’ inability to prove that the assault was sexual in nature. Reports suggest that the Centre is exploring the possibility of amending the IPC to include a special mention of lewd comments. It is also examining whether the assault law can be tilted in woman’s favour for justice and fair play. More to the point, the Centre’s proposal to make offences under Section 354 non-bailable (currently they are bailable) is welcome. This is bound to act as a deterrent. This proposal is an offshoot of the manner in which the men accused of molesting two NRI women near a Mumbai hotel on the eve of the New Year were granted bail soon after they were arrested. The entire nation watched these molesters on the television, yet they got bail because of the weak law. The National Commission for Women recently suggested that the punishment for molestation must be treated as rape for which the minimum punishment is seven years. While there can be no two opinions on the need for a tougher law to punish molesters, any such legislation should necessarily have adequate safeguards so that innocent men are not victimised on the basis of false complaints. |
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Literature is a luxury; fiction is a necessity. — G.K. Chesterton
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Row over Bharat Ratna
BY proposing Mr Atal Bihari Vajpayee’s name for the highest civilian honour, the Bharat Ratna, the Leader of the Opposition and newly anointed Prime Minister-in-Waiting, Mr L.K. Advani, has set the cat among the pigeons. Men are ruled by toys, as Napoleon would have it, and indeed the French have been most sophisticated in handing out “toys”, honours of various kinds in the form of medals and citations, to their own citizens and men and women around the world. In Britain, the Queen’s, or King’s, honours are a standard annual feature and armies the world over decorate their officers and men with ribbons and medals of valour or length of service. Traditionally, India has had an ambivalent, if not hostile, attitude to honours because they were redolent of colonial rule or a feudal past. In British India, even as men hankered after such honours as “rai bahadur” and knighthood, society in general took a dim view. British honours were sparingly used after India won freedom and popular antipathy to awards remained embedded in national consciousness. But human nature, as defined by Napoleon, being what it is, it did not take independent India long to follow the beaten path. It was easy enough to trot out Indian equivalents of bravery awards for the armed forces and the government decided to plunge into a system of conferring civilian awards, placing the Bharat Ratna at the top by a statute of January 1954, later amended to include posthumous awards. Over the decades, a roll call of the good and the great was conferred the Bharat Ratna although it was made clear that it was not a title, nor a knighthood, nor denoting a particular status. In the late seventies, the government of the day had second thoughts and did not give the award from July 13, 1977, till June 26, 1980. The last Bharat Ratna awards were handed out in 2001 to two musicians, Bismillah Khan and Lata Mangeshwar. There are a total of 40 recipients. Initially, there was a generous sprinkling of politicians ranging from Jawaharlal Nehru and Indira Gandhi to Jayaprakash Narayan. Subhas Chandra Bose was given the honour posthumously but it was withdrawn after it was challenged. Satyajit Ray was the only filmmaker or actor to be given the honour and no sportsman has yet made the grade. Discreet lobbying for the top honour, usually on behalf of someone else, is not unusual. It seems to be a universal practice, as exemplified recently by the payment-for-honours scandal in Britain, of men filling the coffers of the ruling party in anticipation of honours. In recent times in India, there have been various pleas from members of the public for superstar Amitabh Bachchan, Sachin Tendular the cricketing legend and agronomist M.S. Swaminathan. But by writing to Prime Minister Manmohan Singh about Mr Vajpayee’s claim to the honour and publicising the letter, Mr Advani has opened the floodgates. Even assuming that Mr Advani’s motives are not as uncharitable as they are being interpreted in political circles, he has done his leader and party disservice. At the very least, he has politicised the top award and diminished Mr Vajpayee’s stature. Party political compulsions will obviously count with a string of important assembly elections looming large and the general election on the horizon. Reactions from the Congress party have varied from the Prime Minister’s refusal to address the substance of the suggestion to Mr Priyaranjan Das Munshi saying it was not a tradition to write such letters to Mr Veerappa Moily proposing the name of veteran Marxist leader Jyoti Basu, duly endorsed by the irrepressible Mr Laloo Prasad. The CPM has reacted with muted annoyance — it was not the practice of the party to accept state honours. Ms Mayawati, the up and coming leader of Uttar Pradesh, has formally put forward the name of her mentor Kanshi Ram. Among the names of other politicians doing the rounds is that of Mr M. Karunanidhi, the Tamil Nadu Chief Minister. This is not to suggest that all recipients of the Bharat Ratna were equally deserving. Some of them, in fact, distinctly bore the stamp of political expediency. It is in the very nature of such honours within the power of the ruling party to dispense that partisan advantage will often win out in honouring politicians although some choices in other categories have also been puzzling. However, Mr Advani could have avoided downgrading the Bharat Ratna by bringing it to the centre of a political controversy. Mr Vajpayee can certainly rub shoulders with a number of political recipients of the award, but a party functionary publicly seeking the elevation of his own leader for the top national honour seems to lack a sense of propriety and modesty. It is a sad fact of the nature of domestic politics that no arena has been left outside partisan politicking. If Mr Advani’s motive was to embarrass the government by springing Mr Vajpayee’s name on it, the tactic has proved counter-productive. The joke is on the BJP, rather than the Congress, unless he was making the point that no member of the Sangh Parivar — and a self-confessed swayamsevak to boot — has found a place among the 40 honoured with the Bharat Ratna. It is, of course, open to the government to give more than one Bharat Ratna, as it did in 2001, but the more generous or indiscriminate the authorities are in dispensing the top honour, the less worthy the award will appear to the public eye. The pulls of coalition politics are obvious, as is apparent from some of the recipients of the award. In the event, it would be best to forgo giving the award for another year to let the roiling political waters subside. The political picture could be different one year hence and less agitated minds could then cogitate on a worthy recipient of the Bharat Ratna. Alternatively, the government could go beyond the world of politics to seek a worthy who has excelled in the service of the
country.
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Natural justice
IN 1973, I was commanding a detachment of three companies of the 21st Battalion, C.R.P. Force at Guwahati. One of these companies was located in the Police Lines. The S.P. of the district was none other than K.P.S. Gill who was destined to go down in Police history as “Super Cop” for rooting out terrorism from the soil of Punjab. In the absence of the Company Commander, this sub-unit was in the temporary command of Inspector Bhanwar Singh. Liquor was then not easy to come by in the C.R.P.F. units deployed in peace areas. However, I, with my Army background, always managed to get some for my detachment. The company planned to have some celebration in their Subordinate Officers’ Mess. So, I issued a bottle of rum to them on their request. After the party in the mess, a safai karamchari, Bhajan Singh, was called there to clean up the place. A strongly built Sub-Inspector of the company, Ram Singh, lost his shirt on diminutive Bhajan Singh over something and administered him a strong kick in the abdomen. The poor man fell clutching his abdomen. He was immediately evacuated to the G.M.C. Hospital. When an abdominal surgery confirmed that his intestines had been badly crushed, I suspended the Sub-Inspector and had a F.I.R. lodged with the civil police. After a few days his condition deteriorated and he appeared sinking. On my request, a local magistrate was deputed to record his dying declaration. Sadly, Bhajan did not last long after that. Law had to now take its own course with S.I. Ram Singh. And we, we were in the same predicament that Parveen Mahajan’s family may have faced recently. We did want the offender to be punished, but after losing one brother we did not want to lose another. Any way, Ram Singh soon got released on bail to come back to us. He was rightly not charged for murder in the absence of the intent to murder or even the knowledge that his kick would kill Bhajan Singh. The days went by. Ram Singh appeared hopeful that he would get away lightly. We did not know whether to feel happy or sad about it. Suddenly, there was a news item in the Assam Tribune that a body had been found in a drain close to the Malegaon stadium. We deputed an officer to have a look at it because our Ram Singh had also been reported missing a day before that. However, before this could be done, the body had been disposed of, though its hands were retained for fingerprinting. We got these prints and had these compared with those of Ram Singh in the forensic laboratory at Shillong. The two were found to be identical. His murderer had already been grabbed with the help of the dog squad. He came out to be a man punier than even our Bhajan Singh. Thus, the nature seemed to have gone in a rather Bollywood mode to deliver poetic justice in this case.n |
Tactical freeze in Kashmir
Militarily, the situation in Jammu and Kashmir (J&K) is completely under control. A sense of normalcy has returned to Kashmir Valley with schools, colleges and hospitals open, commerce flourishing and tourists thronging the scenic spots. Over three lakh pilgrims completed the Amarnath Yatra in 2007 and Janmashtmi and Dussehra were celebrated in Kashmir after almost two decades. The Centre for Land Warfare Studies (CLAWS), an autonomous New Delhi-based national security think tank, held a seminar on the “Current Situation in Jammu and Kashmir: Contours of Future Strategy” on January 2, 2008. Lt Gen M.L. Naidu, Vice Chief of Army Staff (VCOAS) delivered the keynote address. Mr Shekhar Dutt, Deputy National Security Advisor, Lt Gen A S Sekhon, Director General Military Operations (DGMO), and Lt Gen R K Nanavatty (Retd.), former GOC-in-C, Northern Command took stock of the current security situation. Mr N N Vohra, the Special Representative of the Government of India for Jammu and Kashmir, Mr Wajahat Habibullah, Chief Information Commissioner, AVM Kapil Kak (Retd.), Additional Director, Centre for Air Power Studies, New Delhi and Dr. Navnita Behera of Jamia Milia Islamia, deliberated upon the strategies necessary for the resolution of the long-drawn conflict in Kashmir. Lt Gen Naidu, VCOAS, said that there was an almost 50 per cent decrease in the number of incidents of violence during the summer months of 2007 compared with 2006, there was no let up in attempts at infiltration across the Line of Control (LoC). At the same time, levels of militancy in the hinterland are somewhat more enhanced. Clearly, the Pakistan army and the ISI have ordered a “tactical freeze” in J&K in view of the unstable internal security situation in Pakistan. The Pakistan army’s grand strategy of wresting Kashmir from India and “bleeding India through a thousand cuts” has not changed; only the tactics have changed as the Pakistan army is itself bleeding profusely from self-inflicted wounds. The number of trained and armed terrorists has come down to about 1,400, with about 700 to 800 in Kashmir Valley and the remainder in the Jammu region. However, not all of them are now active. Sleeper cells are lying low and waiting to strike at a more opportune time. After the recent successes achieved by the security forces, the morale of the terrorists is low and self-preservation is a major motive. They no longer have the support of the people and are being increasingly actively resisted. Indian Kashmiri militant groups are now relying less on violence and more on other means like mass protests, influencing viewpoints through coercion of the local media, prevailing on bar associations to file human rights abuse cases and nudging some of the political parties to carry forward the agenda of separatism. Kashmiri political leaders have realised that the term “demilitarisation” is applicable only to the LoC. As and when the LoC is accepted as a permanent border, with some adjustments, it will be up to the negotiating teams of India and Pakistan to plan a phased demilitarisation of troops deployed on the LoC. The term “disengagement” is more appropriate for discussing the force levels of the army and other security forces in the hinterland of J&K. In case the situation continues to improve, it will be counter-productive not to gradually reduce the force levels. This decision would have to be made jointly by the State and Central Governments based on the professional advice of the Army Chief and the intelligence agencies. At present the situation is not conducive to reducing the number of army troops as the J&K Police and the para-military forces are still not in a position to take over the responsibility for maintaining security in the hinterland in terms of the number of battalions, adequacy of arms and equipment and levels of training. However, army battalions camping in public places like school compounds are being moved out and the premises are being handed over to the local authorities. Also, cases of inadequate compensation are being examined jointly and redressal is being given where due. One participant was of the view that under the present circumstances, the unilaterally declared and mutually observed Cease Fire on the LoC is of significant advantage to Pakistan as it has negated the Indian army’s military superiority and the ability to undertake punitive measures against Pakistani army posts that are engaged in aiding and abetting infiltration. Also, the construction of a continuous fence along the LoC has yielded good dividends in the Jammu region but has been relatively less effective in the Kashmir Valley area. It has tied down a large number of troops for maintaining a constant vigil. It also tends to encourage a siege mentality and curbs the initiative of infantrymen. The aim should not be deterrence of infiltration but destruction. Many of the participants bemoaned the absence of a clear and comprehensive, national-level strategy that simultaneously addresses political, diplomatic, economic, social and psychological issues. Besides the lack of socio-economic development, poor governance was especially identified as a major factor fuelling conflict. The early introduction of genuine Panchayati Raj was recommended as a measure that will considerably enhance the people’s participation in governance. A State-level Finance Commission is also necessary to allocate funds for development. It was pointed out that 100,000 widows and orphans need to be urgently rehabilitated. The enactment of a Right to Information Act for J&K was considered inescapable. Participants were of the view that truth and reconciliation should be the watchwords while considering future strategies for J&K. Perception management is a neglected field that needs to be urgently addressed. The majority in J&K is no longer interested in joining Pakistan or even azadi. People are looking for a just and equitable political package that will address their feelings of alienation and are likely to settle for autonomy that gives them the right to self-governance. The continuing lack of political will, perhaps due to the complexities of coalition politics, to find a solution to the people’s problems is a major stumbling block. Clearly, there is a need to evolve a long-term inter-departmental, inter-agency strategy after a sustained dialogue with all the parties concerned to resolve the conflict in Kashmir. The writer is Director, Centre for Land Warfare Studies, New Delhi
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Taking stock on ‘Army Day’ On
Januray 15, the Army would be commemorating another Army Day, the 59th. I have deliberately used the word ‘commemorating’’ and not ‘celebrating’, because although it is a day of rejoicing, it is also one of introspection and taking stock. I have also not stated that the nation would be celebrating or commemorating the day, for the truth is that the majority of our political leadership, our bureaucracy, the public and lately even the media, are fairly blasé about what the military does. A great pity, indeed, for when an adverse security situation develops internally or externally, everyone suddenly wakes up with the usual homilies for our ‘brave’ defence forces! This day was selected as the Army Day, as it was on this day in 1949, that the first Indian General (later Field Marshal) K.M. Cariappa had assumed the prestigious office of the head of the Indian Army. The day is marked by an impressive parade at the army parade ground in Delhi Cantonment, where the reviewing officer is invariably the Chief of Army Staff (COAS). This day is dedicated to the officers, JCO’s and the jawans of the Indian Army, who have sacrificed their life and limbs for the defence of the nation. The Chief, in his address, would no doubt thank them for their steadfastness, sacrifices, courage and loyalty. He would also honour brave individuals, as well as units which have excelled, by presenting gallantry and distinguished service awards to individuals and unit citations for collective achievements by units. The parade is followed by a semi formal ‘At Home’ by the COAS, at his official residence, where political as well as civil and military dignitaries get a chance to mingle with the awardees of the morning. It is always a memorable occasion, where one meets a wide spectrum of people, from the President and the Prime Minister, to leaders of many political parties, to a selection of serving and retired military officers, and of course the decoratees of the morning, proudly displaying their well-earned medals and honours. Army Day is a day of celebrations, for it is a joyous occasion. Besides commemorating the passage of one more successful year, all ranks of the Army look back with nostalgia on another year of hard work, pride in their achievements and rededication, added to the long and glorious history of their units, regiments and corps, as well as the Indian Army. All officers and men are also acutely conscious of their individual and collective contributions to the safety and security of the nation. At a different plane, however, it is a day of stock taking of every facet of the functioning of the army. The main question in everyone’s mind is whether the army is fit in all respects for carrying out its task of ensuring the security of the nation in a professionally robust and befitting manner. This question covers practically every endeavour of the army, from its manpower to its equipment, as well as important issues like training, leadership, discipline, operational readiness and of course morale. In this technological world of today, it is also important to assess how technologically savvy our personnel are and how well they are able to use the latest technological equipment that is being fielded by the army? There is also the important aspect of modernisation, which is a continuous process that needs dedicated and sustained infusion of the correct and relevant weaponry, equipment and materials. This is only possible when adequate funds are made available to the army. Any slackening of the modernisation process results in losing the race vis a vis our adversaries, because once it falters, it is difficult to catch up, both because much larger funds would be needed thereafter, but also because of opportunities lost, which cannot be regained. Introspection should reveal both strengths and weaknesses. It is a time-tested method for military commanders at varying levels to gauge the proficiency and efficiency of their commands. When General Deepak Kapoor reviews the Army Day Parade, he will also be thinking of these fundamental questions – on how his army has fared in the service of the nation in the preceding year, as well as the challenges ahead, for which it must be ready and prepared. Over the years, our media has lost interest in the events of the Army Day. Although, it still gets covered as a news item, the coverage is sketchy and routine. The Army Day is again being celebrated in the backdrop of heavy commitments of the Army. The officers and jawans are continuing their fight against the enemies of the nation, both on the borders and within the country, without any thought to their own safety and comfort. They do deserve the gratitude of the nation, but it is my view that it is not forthcoming, in the manner and to the extent that is desirable. The writer is a former Vice Chief of Army Staff
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Delhi Durbar Prime Minister
Manmohan Singh’s effort to rope in former Attorney General K. Parasaran to argue the contentious Sethusamundram case for his government in the Supreme Court has come to nought. The veteran, a devout Brahmin lawyer from Chennai, politely refused to stand for the UPA government as he was an ardent devotee of Lord Ram. Due to the same reasons, he has advised his son M. Parasaran, who is Additional Solicitor General of India, to disassociate from the case. It was at the Prime Minsiter’s request that Parasaran had appeared for the UPA in the equally high stakes OBC quota case and Dr Singh was very impressed by his high quality arguments in that case. The Prime Minsiter was more than keen to obtain Parasaran’s services once again after the government had landed itself into some trouble due to the “Ram did not exist” affividavit by the ASI. Sense of security Unlike most other chief ministers who highlight investment figures during their interaction with mediapersons in Delhi, Bihar Chief Minister Nitish Kumar focussed on the improvement in the law and order situation brought about by the JD(U)-BJP government in the two years that it has been in power in the state. Nitish said the biggest achievement of his government has been the sense of security felt by people due to the relentless drive against crime. In addition, he said that schools had been provided with teachers and primary health centres with doctors and para-medical staff. The Chief Minister, who does not want to have SEZs in the state, feels that most of the investment will come in the agri-business. His target is to triple the crop productivity in the next few years to raise the income of the people. No charm The Pravasi Bharatiya Diwas, which was initiated by the Vajpayee-led NDA government, seems to have lost some charm. The sixth edition of the meet which got over recently did not enthuse many Pravasis when it came to the agenda of the meet and, evidently, food arrangements. Many Pravasis were overhead saying that there was no freshness in the meet with the same agenda being debated year after year. There were also complaints over the variety and quality of food served to them at Vigyan Bhawan in the national capital. INLD’s options Though it is early to talk of political aligments in Haryana, there is a possibility of the INLD and the BJP being friends again. While the BJP would be wary about aligning with the Bhajan Lal-backed Haryana Lokhit Congress due to its fear that the the old war horse may decide to return to the Congress in a post-poll scenario, INLD would not prefer joining hands with the BSP, which is seen by certain leaders as a “casteist party.” There has been some exchange of greetings during the presence of top INLD leaders at the swearing-in functions of the BJP Chief Ministers in Gujarat and Himachal Pradesh. The INLD leaders later said that they had gone to the swearing-in ceremonies due to their personal ties with Narendra Modi and Prem Kumar
Dhumal. Contributed by S.S. Negi, Prashant Sood, and S. Satyanarayanan
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