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Tenants redefined Fall from grace |
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Solar bounty
The quota verdict
Jacaranda city
A shattered army China moves to contain anger against West Chatterati
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Tenants redefined DELHI’S landlords will heave a sigh of relief over the Supreme Court ruling that a tenant occupying commercial premises is no different from the one living in a rented house and hence can be evicted by the owner. It assumes significance because until now, under the Delhi Rent Control Act, a landlord could evict only a tenant occupying a residential (and not commercial) premise if he wanted it for his own use. Over the years, many landlords have been put to hardship because they could not evict influential and wealthy tenants who were enjoying protection from the legislation and hence were refusing to vacate the premises. Most commercial tenants enjoy political patronage and they pay only paltry rent in such prime commercial centres as Connaught Place and Karol Bagh. Now, if the landlords are not satisfied with the rent, they can exercise the option of asking the tenants to vacate their premises so that they themselves can use them. Landlords in other cities will cite the judgement to buttress their claims against recalcitrant tenants. The Supreme Court has ruled that the classification of tenants on the basis of their residential and commercial occupation is discriminatory and violative of the right to equality under Article 14 of the Constitution. In doing so, it has upheld an appeal against the Delhi High Court order. If the situation that warranted the enactment of the legislation five decades ago was no longer there today, there was no reason for its continuance in the statute book any longer, it said. Moreover, with the rapid change in Delhi’s real estate scenario, the availability of buildings and premises for non-residential or commercial purposes has also increased considerably. Under such circumstances, it would be quite unjust to let tenants avail themselves of the benefit of implicit exemption from eviction. As was only to be expected, the traders have voiced concern about the judgement. About two lakh traders feel threatened with eviction. The Confederation of All-India Traders has said that just like in the sealings case, the judgement pertaining to one case has been extended to the entire city. Most shopkeepers have been paying just peanuts as rentals in prime locations. When it comes to enforcing the apex court ruling, it would be a Herculean task for the administration to evict them.
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Fall from grace AS an attraction for foreign tourists, India is anything but exceptional. In fact, it is not even mediocre, considering that even tiny Singapore attracts more foreign footfalls. That is a disgrace really, considering the size, variety and multi-hued cultures of India. Goa happened to be a glorious exception, with its azure beaches beckoning foreigners forcefully. What went in its favour was that it was a warm haven even when the West was snow-bound. So, they came in droves. But the way things are going, the former Portuguese colony may also fall from grace because of the sordid happenings that have taken place there for the past few years. The rape and killing of Scarlett Keeling was bad enough. Now comes the news about the suicide by two college girls from Ponda town who had been allegedly blackmailed through an obscene MMS clip purportedly featuring them. All these happenings point to Goa acquiring a seedy reputation. Even otherwise, it has got a bad name as a drug addict’s paradise. Many of the foreigners who make a beeline to its beaches come for the high of the drug kind than the scenic one. In fact, there are reasons to believe that it is becoming a popular conduit in drug smuggling also. It should not be forgotten that notorious Charles Sobhraj, too, had spent considerable time in Goa. There were also reports about pedophiles finding a haven for themselves in the small state. Once drugs come on the scene, other vices are bound to follow. Only last week, an international call girl racket allegedly being run by an Uzbekistani woman was busted. Many more may still be in operation. The end result of this all might be that the sober, peace-loving tourists might start giving Goa a miss. That will be more than unfortunate. The government must rise to the occasion and launch a sincere cleansing operation right away.
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Solar bounty THE only hurdle to the large-scale use of solar energy is the state of the technology. In terms of dollar-per-watt of electricity, traditional fossil fuels are still much more efficient. But that is rapidly changing, and what was at $3-$4 per watt even a few years ago is at the $2 per watt level, with the use of so-called ‘thin-film’ solar technology. More advances are widely expected to break the magic one-dollar-per-watt mark in just a few years time, and industry optimists believe that the sector can grow from $7 billion in 2004 to $40 billion by 2010. What is particularly exciting about these advances is that India is already in the loop, in more ways than one. For example, one US company that is the leading manufacturer of machines that can churn out thin-film solar panels, is already in negotiations with Indian companies. Thin-film technology “paints” a thin layer of silicon on to a glass backing, and the silicon is activated by the sun to produce electricity. Other companies in the US are going a step further to use CIGS (copper indium gallium selenide) as the thin layer, promising even better efficiency than silicon. One European company, headed incidentally by a person of Indian origin, is hoping to have his CIGS-based thin-film panels in the market by 2009, and is obviously keen on the potential in India. The government should do its bit is ushering in a solar-energy revolution. The idea of making Chandigarh India’s first ‘solar city’ is a welcome one, but the idea should be followed up with a properly articulated and realistic vision and a road map to get there, besides effective implementation. The Centre would do well to subsidise both R&D and production costs for those willing to jump in. As for other governments, they should see a tremendous incentive in an energy-hungry India using less of climate-change causing fossil fuels, and assist in technology transfers. Every effort should be made to keep pushing costs
down.
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Good actions give strength to ourselves and inspire good actions in others. — Plato
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The quota verdict
A
few constitutional issues continue to surface now and then. Since Champakam’s case in 1951, the Supreme Court had to decide questions regarding the reservation of seats for backward classes. When the communal G.O., which made separate reservation in medical and engineering colleges for non-brahmins, backward Hindus, Brahmins, Harijans, Anglo-Indians and Indian Christians and Muslims, only on the basis of religion / caste, was quashed, Parliament inserted clause (4) in Article 15, empowering the State to make “any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”, notwithstanding the bar on such reservations in Article 29(2). By the 93rd Amendment Clause (5) has been inserted in 2005 to provide for reservation in admission to all educational institutions except minority institutions. Parliament thereafter passed an Act providing for 27 per cent reservation in Central educational institutions. The Constitution amendment and the Act have been upheld recently. However, one judge held that the amendment was unconstitutional to the extent it permitted reservation in private unaided institutions. There was no dispute so far as the reservations for the SCs and the STs were concerned. Being the most backward sections of our society, they needed such measures. The bone of contention all along has been the identification of socially and educationally backward classes. In Balaji’s case (1963), the court held that unless the classes of citizens are both socially and educationally backward, they would not be eligible for the benefit of reservation under Article15(4). Observing that in the ultimate analysis backwardness is due to poverty, the court accepted the identification of backward classes by “castes” which determine the social status of persons. About “educational” backwardness, experts in different states had considered education upto the secondary school-leaving stage as the proper measure. The court repeatedly approved this yardstick. Classes of citizens whose average student population works out to below 50 per cent of the state’s average were regarded as educationally backward classes till now. Recently, in Ashok Kumar Thakur’s case it was argued that if educational backwardness has to be judged with reference to secondary education then all candidates who have passed the 10+2 examination and who alone are eligible for admission to degree courses in which reservation is made cannot be regarded as educationally backward. They constitute the educational creamy layer. The argument appealed to three of the five judges, although they held that today graduation should be the yardstick for measuring educational backwardness, which means that graduates belonging to backward castes cease to be educationally backward. Logically, there can be no reservation in postgraduate courses for the OBCs. The implications of this new yardstick fixing a higher level than the one endorsed by successive coordinate Benches may arise for consideration in the next round. The Bench was unanimous that the “creamy layer” shall be excluded from every “caste” included in the list. The judges approved the Central government’s Memorandum of 1993 specifying the criteria of creamy layer following Indra Sawhney’s case where a larger Bench held that the backwardness contemplated for the purpose of employment under the State is “social” whereas backwardness for the reservation of seats in colleges is both “social and educational”. In view of this distinction between the two sets of “backward classes” can there be common criteria of the creamy layer for both? If not, what should be the additional criterion for adapting the said memorandum for exclusion of the creamy layer from the backward castes listed under Article 15(4) and (5)? The answer is: education upto graduation, degree holders cannot be backward. Is “caste” the only route for the identification of backward classes for the purpose of reservation of appointments or posts as well as for the reservation of seats in educational institutions? In Indra Sawhney’s case, the court declared that “caste” is one of the routes or the starting points, but not the only one. A backward class can be identified on the basis of occupation-cum-income without reference to caste. The court illustrated: “Indeed, there may be some groups or classes in whose case caste may not be relevant at all. For example, agricultural labourers, rickshaw-pullers/drivers, street-hawkers, etc, may well qualify for being designated as Backward Classes.” The court, however, did not address the question as to which of these two routes is consistent with the constitutional goal of a casteless, classless, secular society? This pointed question was raised in the recent case. Different “routes” should lead to the same destination. However, that is not the case with the two approved routes for the identification of OBCs. If we adopt occupation-cum - income as the basis, all rickshaw-pullers, agricultural labourers or street hawkers, irrespective of caste, for example, will be among the backward classes. On the other hand, if we adopt caste as the starting point, then members of the forward castes like Brahmins and kshatriyas among the rickshaw- pullers, agricultural labourers and street hawkers get eliminated. Therefore, it was submitted that for the purpose of identification of socially and educationally backward classes, occupation- cum - income would be a rational basis in line with the constitutional goal as it promotes fraternity among all citizens, assuring the dignity of the individual and the unity and integrity of the nation. The court simply followed the route of Indra Sawhney. The comment made by Nani A Palkhivala on the judgement in Indra Sawhney case, therefore, continues to be relevant. He had said, “The basic structure of Constitution envisages a cohesive unified, classless society. By breathing new life into casteism the judgement fractures the nation and disregards the basic structure of the Constitution. The decision would revitalise casteism, cleave the nation into two—forward and backward — and open up new vistas for internecine conflicts and fissiparous forces, and make backwardness a vested interest. It will undo whatever has been achieved since independence in creating a unified, integrated nation.” Dr. Ambedkar had declared that castes are anti-national. Another issue raised before the court was that the policy of reservation followed by all the governments is discriminatory inter se backward classes themselves in as much as reservation of seats in colleges helps only the forward sections among the backward classes who have passed the 10 + 2 examination and it has no meaning to the bottom layers as they were either not admitted to schools or they are dropouts. They deserve the highest priory in the matter of advancement. The court noted the argument but took the view that the government can make special provisions for different sections among the backward classes simultaneously. The importance of education for the advancement of backward classes is appreciated by all the judges. They have noted that notwithstanding the constitutional mandate to the State to endeavour to provide within a period of 10 years from the commencement of the constitution, i.e by 1960, free and compulsory education for all children until they complete the age of 14 years, both the Central and state governments have failed to fulfil it. The declaration in J. P. Unni Krishnan’s case (1993) that the right to education until a child completes the age of 14 years is a fundamental right which flows from the right to life in Article 21 has made no impact, except a negative response. By the Constitution (Eightysixth) Amendment Act, 2002, the fundamental right to education has been whittled down considerably by substituting Article 45 by a new provision, inserting a truncated right to education as Article 21A and adding one more Fundamental Duty in Article 51A — the duty of a parent to provide opportunities of education to his child between the age of 6 and 14 years. In one of the writ petitions in the batch the validity of this amendment was challenged, but the court did not consider it. The court agreed with the contention of the petitioners that reservations were intended to be temporary measures and, therefore, there should be a time-limit for their operation, Notwithstanding the socio - economic progress made by the country since Independence, the lists of backward classes, instead of shrinking, have been stretching by the addition of more castes and there is acute competition among the forward castes to get into the list of backward classes. The judges appreciated the argument, but left it to the government to specify a time limit for reservations. A majority of them directed that the cut-off marks for the eligibility of the OBCs shall not be lower than 10 per cent of the marks prescribed for the general category. The task of a judge is difficult indeed when confronted with controversial issues with emotional overtones. Judicial discipline impels them to follow the earlier precedents. They cannot also be oblivious to the possible consequences of accepting or rejecting a particular argument. They would like to avoid violent reactions to their judgement. Upholding the 93rd amendment to the Constitution and the Act with some riders and observations appears to be a balancing act. The law declared by the majority is binding and should be implemented fully and
faithfully.
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Jacaranda city
MY first memory of Chandigarh is of a drive in the early ‘60s to the Capitol Complex on Jan Marg, during a visit from outside. A dreamscape of an avenue — lined with lilac-colour Jacarandas in bloom on both sides. An ethereal vista focussing towards the azure-blue Shivaliks enthralled us. Chandigarh was beautiful! And it was the beginning of my romance with Jacaranda trees. Jacaranda or nilli gulmohar, as called in the vernacular, is one of the many flowering trees, introduced in Chandigarh as part of its landscape planning conceived both by Le Corbusier the architect-planner of Chandigarh, as well as the visionary administrator Dr M.S. Randhawa, who was then the chairman of the city’s landscape committee. Their floral legacy lives on. Jacarandas can be sighted in the month of April at many locations in the city — especially the Leisure Valley and the gardens. Once upon a time, it was also planted in Sector 11 and Sector 23 — alas, most of the trees gradually died down. In fact in Corbusier’s original tree plantation plan — each sector market road was to have a distinct flowering species of trees, to impart it a visual colour identity. A lone Jacaranda tree in its lilac-blue bloom still stands in its solitary splendour in a corner of Sector 11. It’s covered with a full canopy of blossoms with no leaf at all. The violet-blue flowers are so profuse in their bloom, that they drop down beneath on the ground and make the grass look like a green carpet embroidered with flowers. I almost have an urge not to go to work and just lie beneath its splendour the whole day, look up at its resplendence and then perchance to dream...! Me and my wife deliberately take a longer route to work everyday, along a northern avenue of the city. As it crosses the stately avenue of Jan Marg, two remains of the Jacarandas in their lilac regalia greet us “good morning”. As we go further down in the Leisure Valley, a grove of them is redolent with the morning light playing on the bouquet of lilacs. To “say it with flowers” quite literally, to my wife an admirer of Jacarandas — on one of her birthdays, I had a grove of them planted in the open space in front of our house. We both dreamt of their growing up fast and getting into full bloom soon — our eyes feasting on their beauty, first thing in the mornings, as we relished our cuppa. Alas, the saplings didn’t last the cattle and vandals. But one of them surprisingly re-sprung to life during one of the monsoons. It is now four feet tall, and this April adorned with a few dainty flowers! Hope and “Jacarandas” — spring eternal in
life!
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A shattered army THE Indian army, used here generically to include the navy and the air force, has now reached the end of its tether, with the Sixth Pay Commission’s recommendations for the defence forces. The citizens of our country have not really understood the magnitude of despair amongst the rank and file of the army. There is great anger and a high degree of frustration at every level, but particularly at the level of the PBORs (personnel below officers’ rank) and the junior and middle level officers. Both constitute the ‘cutting edge’ of the defence forces. India has a hundred per cent volunteer army. Officers and men have joined the army for a variety of reasons, the main ones being the honour that comes by wearing the uniform; a desire to serve the nation in the best way possible; family traditions; and of course, suitable remunerations that are compatible with the highly turbulent conditions of service. Its ethos has been painfully nurtured by the hierarchy of the army for the last 60 years, despite major provocations from many quarters, especially the self-serving bureaucracy, which the country has to unfortunately endure. The latter has consistently prevailed on the political leadership and subtly instilled fear amongst them that the army needs to be kept down, lest it also follow what militaries in the immediate neighbourhood and in the extended region have done, in usurping power by force. This is despite the unflinching loyalty the army has displayed in even the most difficult circumstances. It is surprising that our political leadership, which is so astute in politicking, nurturing vote banks and diffusing highly volatile situations of all types, has been unable to see through this game of the bureaucrats. Or is it that they deliberately do not want to understand it? The institutions, structures, ethos and working environment built painstakingly and prevailing in the army, ensures that all ranks fully understand their duties, obligations and power-equations in a democracy like ours. In simple terms, it means that the nation has nothing to fear from the army. The earlier it is understood by the political leadership and all other instruments of the state, the better. The defence forces came under the purview of pay commissions with the Third Pay Commission and since then every pay commission, loaded as it was by the bureaucracy, has worked very hard to ensure that there is a gradual decline in the pay, emoluments and the status of all military personnel. All requests by the hierarchy of the defence forces to set up separate pay commissions for the military have been studiously ignored and at the behest of the bureaucracy, even a representative of the defence forces has not been permitted to form part of any of the pay commissions. This, when nearly 40 per cent of the government servants under the purview of the pay commission are defence forces personnel! That the defence forces have tolerated this skewed arrangement speaks on one side of the perseverance, patience and discipline of the defence forces and, on the other, the utter insensitivity of the political leadership to the only institution that works effectively in our country. The Sixth Pay Commission has of course taken the cake for their utterly callous approach to the guardians of the nation. There is no need to emphasise what has already been stated regarding the highly adverse effect the recommendations of the pay commission will have on the intake of officers in the defence forces, except to state that every middle level serving officer I have talked to has either already put in his papers or is planning to do so shortly. The disastrous implications need not be amplified when it is well known that our fighting units are already functioning at 50 per cent strength of officers. The PBOR, unfortunately, do not have the option of leaving the service, because they will end up with no jobs, considering the present situation in the country of gross unemployment and under-employment. However, in the long run, the impact of the recommendations of the Sixth Pay Commission on the PBOR is bound to be a fall in standards of the recruits who will be willing to serve for the peanuts thrown at them by the Commission. The government’s response to the large-scale resentment has been the usual ploy of forming a committee! First, a committee of three bureaucrats was formed, but it was the Railway Minister, at whose behest an enlarged Review Committee has now been formed, while the Minister of Defence only repeated homilies and soothing words, as he had done in the past! Even the Review Committee has no representative from the defence forces, while the railways, the postal department and sundry others not so well known, have found a place for themselves. So, we are back to square one. This committee will repeat, ad nauseum, what the Commission has stated, perhaps in more flowery language, except for some minimal tinkering that will satisfy no one in the defence forces. A continuation of such inadequate and delaying tactics will slowly destroy a first rate army, which has served the nation with sacrifices and élan and has saved the nation umpteen times in these last 60 years. The political leadership is either unable or unwilling to ameliorate the genuine demands of the defence forces. Under the circumstances, it may be best to disband the army and let the bureaucracy become ‘pseudo soldiers’ and look after the security of the nation. In the bargain, they will be able to further improve their cadre too! If the reader discerns a sense of cynicism, déjà vu and desperation, it is indeed intended. Sudden death would any day be a more satisfactory arrangement. The noble “profession of arms” is being turned into a “profession of alms”! The
writer is a former Vice Chief of Army Staff
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China moves to contain anger against West BEIJING – As Chinese
nationalism flares across cyberspace, the Chinese government is growing concerned that passions could spill over into the real world, and that anger directed against foreigners could turn inward. Critics argue that Beijing has had a role in fanning the xenophobic sentiment to counter international condemnation of its crackdown on Tibetan rioters, but now Chinese officials appear to be trying to rein in the vitriol. Chinese censors have quietly warned cyber police and Internet businesses to delete all information related to protests against Western policies, nations or companies that have proliferated in the wake of protests surrounding the global Olympic torch relay and high-level calls to boycott the opening ceremony of the Summer Games in Beijing. The notice issued by China’s “Internet Inspection Sector” this week instructs recipients to reset the keywords used to block access to certain websites, relay the instructions through all Internet distribution channels and delete the notice in a timely manner. The censors’ notice cites the danger that Internet-fueled emotions could lead to unrest.“Internet users are in a most intense mood toward Western countries,” it said. “Such information has shown a tendency to spread and, if not checked in time, could even lead to events getting out of control as they did with the April 9 incident against Japan.” That was a reference to April 2005, when demonstrators attacked Japan’s embassy in Bejiing and consulate in Shanghai, burned Japanese goods and beat Japanese citizens over Tokyo’s bid to join the Security Council and Japanese textbooks that downplayed Tokyo’s World War II aggression. A planned event to give away patriotic T-shirts near Beijing’s Qinghua University this week was reportedly halted by police. Internet postings say police have contacted people who made online calls for other demonstrations and told them to drop the idea. The growing resentment toward foreigners comes during a year when China is hoping to showcase its hospitality to the world in advance of the Aug. 8-24 Beijing Olympics. The Chinese government is caught in something of a bind as it tries to manage foreign criticism without appearing weak in the eyes of angry Chinese; “otherwise, it becomes the target of that anger,” said Chu Shulong, a professor with Beijing’s Qinghua University. France has become a particular target of mass Chinese anger after pro-Tibet, Darfur and other human rights activists attacked the Olympic torch this month in Paris, forcing bearers to retreat to a bus and shorten the route. Earlier, French President Nicolas Sarkozy became the first world leader to suggest he might boycott the opening ceremony. Chinese netizens – active internet users – have since called for a boycott starting May 1 of Carrefour S.A., the French supermarket chain with more than 90 stores in China, after a rumor spread that company shareholders supported the Free Tibet movement. Carrefour has denied any such support, but one online survey this week found 210,000 supporters for the idea. “The French really make Chinese people angry,” said Zhou Shuyang, a 22-year old student. “And we don’t want to be treated this way by the Western media, which lies. If we were allowed, a lot of people would join in protests, and I would as well.” Chinese have called for boycotts of a host of French products made by Hermes, Louis Vuitton, Airbus, Renault and others. The statements have often been fueled by consistently denied rumours that the companies support the Dalai Lama, Tibet’s spiritual leader, against China and donate sizable sums to pro-Tibet groups. The French and European Union embassies in Beijing have received numerous harassing telephone calls in recent days. Several Western reporters have been besieged by death threats after their mobile numbers and other details were posted online. “These young people get very emotional,” said Li Datong, former editor of the influential Freezing Point newspaper supplement. But “it’s unthinkable for the government to let demonstrations happen before the Olympics.” Some see a more general pattern of restrictions on foreigners, although Chinese are also subject to tightened security in advance of the Games. China has implemented more restrictive visa policies and stepped up deportations. Rules requiring foreigners to register with police anywhere they stay have been more tightly enforced. In recent weeks, China’s propaganda ministry has tolerated and even fueled an outpouring of postings, blogs, Internet chats and other manifestations of anger against Western media. China’s government-run media featured articles on Western media bias. By arrangement with LA Times-Washington Post
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Chatterati Politics
in modern India has sadly become all about ‘family values’. The Maratha leader Sharad Pawar has paved the way for his daughter, Supriya Sule, to contest from Baramati and formalised the succession within his party. The six-time Baramati MP also added that as he had been in politics for the last 40 years, nobody would mind his entering Parliament through the Upper House. Mr Pawar’s announcement comes in the wake of his daughter’s statement two days ago that she was willing to contest the Lok Sabha polls if her party so wished. Ms Sule is a Rajya Sabha MP and was elected to the Upper House in September 2006. The DMK might soon emulate Mr Pawar’s model. Party chief M. Karunanidhi could get his daughter Kanimozhi, a colleague of Ms Sule’s in the Upper House, to contest the Lok Sabha polls during the next general elections. In another Tamil Nadu party too, the PMK, party chief S. Ramadoss has made it clear that his son and health minister Anbumani Ramadoss will be the next leader. In Kerala, former chief minister K. Karunakaran is back in the Congress fold after being with the NCP briefly, while his son K. Muralidharan is outside the Congress for now. Mr Mulayam Singh has left no doubt that his son Akhilesh Yadav is next in line. In Haryana, after Om Prakash Chautala, the National Lok Dal will be headed by Ajay Chautala. In Punjab, the Shiromani Akali Dal government might be headed by Parkash Singh Badal but his son, Sukhbir Singh Badal, was made party chief recently.
Out of touch He has been dubbed “Prince Charming” by the people of Karnataka. The locals are amused and indulgent over his charming naiveté and sincerity. But will it translate into votes? Rahul’s track record in Uttar Pradesh and Gujarat are not encouraging. What has amused the state during the “meet Rahul Gandhi” five-day roadshow that just concluded, is how out of touch Rahul appears to be with ground reality. As some Congressman put it, imagine seeking “internal democracy” in a party like Congress! Seniors listened to Rahul speak, scratching their heads in bewilderment. But the heir-apparent is a hit with NSUI activists and Youth Congress leaders. They are gung-ho about his modern and yuppie approach and want to implement his ideas with gusto. However, the very fact that Rahul gets prominence because of his lineage, defeats his purpose. When seniors defer to him on stage, the whole concept of internal democracy in the party is amusing. Rahul insists on defending his lineage by contending that he has retained it through hard work. “I may have won Amethi for the first time due to my dynasty, but the people won’t keep electing me if I didn’t have stuff,” is the idea. Old-timers laugh at this. How many constituencies elect their representatives because they have the stuff? Rahul’s earnestness and sincerity is not contested, but whether his lineage helps is the question. And so the road show turned out to be a damp squib. The Congress was unable to justify the huge expense and effort of the tour in seven districts, merely to give Rahul a glimpse of reality.
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