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States must do their bit Challenge from Taliban |
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Rape and worse
Judiciary — crisis within
The school barber
A Democratic bet that is going wrong Explore all options on IAF aircraft deal Delhi Durbar
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States must do their bit IN the battle against the price rise, the Centre has been trying to seek states’ cooperation — without much success, however. Though the states have been given more powers to check the hoarding of essential commodities, only five of them have taken the desired action. The Centre has cut duties on the import of food and fuel, the states have not responded by lowering taxes, not even on oil as desired by the Prime Minister. Instead, some, like the Punjab and Haryana chief ministers, have been pressing the Centre for a bonus on wheat as a short-term measure and linking agricultural prices to the price index as a long-term solution to farmers’ problems. On their own, the two states have done little to either help the farmers or rein in the prices. Since the Centre has been the target of Opposition anger over the price rise, political leaders in states have been silent spectators to the ongoing tussle. Now, once again, Union Agriculture Minister Sharad Pawar is trying to rope in states to join the anti-inflation fight. He has suggested that states should reduce the value added tax (VAT) and other levies on agricultural commodities to bring down their prices. Such taxes, imposed on the buyers of farm commodities in mandis, are the highest in Punjab (12.5 per cent) and Haryana (11 per cent) compared to Gujarat and Bihar (1 per cent), Maharashtra (1.5 per cent) and Madhya Pradesh (2.2 per cent). The local levies in Punjab include a rural development cess, a canal repair cess and the arhtiyas’ commission. All these taxes, along with the transit losses and loading-unloading and transportation charges, significantly raise the cost of foodgrains for the consumer and also inflate the Centre’s food subsidy bill. There is, therefore, merit in Mr Sharad Pawar’s proposal. Since the Centre has sacrificed a lot of its revenue in an effort to contain the price rise, it is also the states’ duty to share the burden.
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Challenge from Taliban THE Taliban continues to pose a serious threat to India’s interests in Afghanistan. This year alone three major incidents relating to attacks on Indians have been reported, the latest being the abduction of Mohammad Naeem, working for a Dubai-based logistics company, in Herat province. Earlier, two Border Roads Organisation (BRO) personnel and two Indo-Tibetan Border Police (ITBP) jawans were killed in suicide attacks in Nimroz province, where Indians are engaged in the major Zaranj-Delaram road project. India deployed ITBP jawans for the security of its nationals helping Afghanistan in reconstruction efforts after the murder of a BRO driver, Maniappan Raman Kutty, in November 2005, but to little effect. ITBP men are unable to meet the threat posed by the Taliban in the landlocked country where the writ of the Afghanistan government hardly runs beyond Kabul. The Taliban, fathered by Pakistan’s ISI in the nineties, considers India as an enemy country because of various factors, including the fact of New Delhi being one of the supporters of the ruling Northern Alliance. The Taliban, which was ousted from power in the wake of 9/11, feels threatened by India’s growing presence and popularity in different parts of Afghanistan. India has been assisting Afghanistan in various ways like undertaking road, power and healthcare projects. The Afghan masses are gradually changing their wrong opinion about India which they formed under the influence of the Taliban. This is intolerable for the Taliban. The Taliban today feels emboldened mainly because of the offer of talks by some NATO members. The Karzai regime has also been sending feelers to Taliban leaders to join the government after shunning the path of extremism and violence. This has made the Taliban rank and file realise that those who wanted them to be eliminated are now themselves suffering from battle fatigue. This means a tricky situation for India. First of all, India has to find a way to ensure maximum security for its nationals working in Afghanistan. New Delhi must also redouble its efforts to prevent the Taliban from becoming a part of the government in Kabul. India’s interests in Afghanistan are crucial and must be protected.
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Rape and worse IMAGINE the shock and trauma of a widow returning by a night bus from a pilgrimage to Vaishno Devi with her minor son who had to fight off the owner of the bus trying to outrage her modesty in the running vehicle near Ludhiana. Nothing could have been more shocking. She would have been beholden to the policemen who heeded her shouts and chased the bus along with several other public-spirited citizens and journalists of the city and frustrated the bus owner’s devilish designs. But what happened later was no less horrifying. The policemen entered into a turf war and made the bruised woman with torn clothes suffering from trauma, shuttle between different police stations over jurisdiction issues to handle the case. All this happened despite the senior police officers’ repeated claims that strict instructions had been issued to all concerned to register a report without quibbling about jurisdiction considerations. It is most unfortunate that the policemen routinely display insensitivity bordering on callousness even in such heinous crimes. Call it their societal prejudices or lack of training, but lower constabulary does not attach as much gravity to such outrage as it should. We cannot forget that Manipuri women had to parade naked through public streets in Imphal to shame the government into taking action against alleged rapists. In that the case, the suspects were from the security forces. Even otherwise, the men in khaki tend to be unconcerned about the trauma undergone by a rape victim. But then, some of them are so bad that they can turn into rapists themselves. This has happened in Mumbai and recently also in Ludhiana where some of them raped a 16-year-old girl in a park after holding her boyfriend hostage. Such horrifying incidents shake the confidence of the public and make them suspect even those who are supposedly friends of the public. That is why it is necessary to weed the rotten elements out of the police without delay. Unfortunately, the police force continues to be protective about the colleagues “in trouble” and they get away with gentle raps on the knuckles. It is high time the trend changed and severe punishment was given to those no longer of help to people.
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Men reject their prophets and slay them, but they love their martyrs and honour those whom they have slain. — Fedor Dostoevsky
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Judiciary — crisis within
IT is a pity that a lawyer linked to the infamous Punjab Public Service Commission scam was recommended by the collegium of judges of the High Court of Punjab and Haryana for appointment as a judge of the High Court. Had this attempted move been successful, it would have evoked widespread disbelief and suspicion about the way our system of appointment of judges of the High Court functions. Luckily, the Supreme Court collegium of judges has thwarted what was definitely a questionable move. Obviously, the recent statement of our Prime Minister that corruption is a challenge facing the judiciary manifests a decline in the reputation of the judiciary as also of the legal profession. Public confidence in the credibility of our judiciary, which is our most respected institution, is too precious to be allowed to get eroded. If that were to happen, the rule of law or even our democracy would be endangered. As is well known, the stature and credibility of any institution is founded upon the quality and merit of those that belong to it. In other words, what is needed is the quality of the judges on the Bench and not just their number. The reference here is to the oft-heard statements emanating from the powers that be expressing a keen intent to appoint more judges. For over a decade and a half ago, the predominant role in the appointment of judges of the High Courts and even the Supreme Court has vested almost entirely in the judiciary. Despite this, the overwhelming view in the legal profession appears to suggest that this has not eliminated delays in appointments or brought about any qualitative improvement in the appointments. At the same time, one increasingly hears of unbecoming conduct on the part of some judges, even some chief justices and also lawyers, and they all seem to get away with their acts of commission and omission with impunity. Such being the state of affairs, there is clearly a need for transparency in the process of appointment of judges and also accountability for those appointed. So long as appointments to the higher judiciary are considered and recommended by a small and exclusive group of judges - that too behind closed doors — this process cannot be considered immune from some of the undeserving coming on to the Bench, with the deserving being left behind. Illustrative of this is the instance of a lawyer recommended for appointment as a judge being denied the appointment as the intelligence report described him to be a “boozer”. No reason was conveyed to him for being denied the appointment. As told by a former Chief Justice of India, it was purely by chance that he discovered that the report regarding this lawyer being “fond of the bottle” was wholly incorrect. It transpired that as he was, in fact, a teetotaller, his friends had given him the nickname “boozer” and hence the intelligence report described him as one. When these facts came to light, he was eventually appointed a judge of the High Court. But it was almost a year later that this happened. This lack of transparency has at times also tended to ascribe to “judicial politics”, a role larger than is perhaps warranted. An obvious antidote to this would be to make available information pertaining to the appointment of judges under the Right to Information Act. Unfortunately, the judiciary at the moment appears reluctant to accept it. In the appointment of judges, the key role is that of the Chief Justice of the court - a judge who came from another High Court to be the Chief Justice of that particular High Court. Many in the legal profession look upon this as a practice that has little to commend itself. To begin with, it leaves senior judges due for consideration for appointment as Chief Justice not knowing if or when and to which High Court they will be transferred to take over as Chief Justice. That apart, when appointed, they would come to head a High Court not knowing their colleagues, the District and Sessions Judges, the other members of the subordinate judiciary, not even the lawyers practising in that court. Sometimes the local language may be one they do not understand. It invariably takes a couple of months or may be even more, depending upon the size of the court, before they get the feel of and begin to know the court they are presiding over. Inevitably, in such a situation, they have perforce to rely upon their senior and some other colleagues for their help and advice in managing the court. This being the situation, one wonders why a person who has for years functioned as judge in his own state and thus knows and understands his court should be barred from being Chief Justice there in his due turn. Not surprisingly, appointments of Chief Justices too have begun to be looked upon as another arena for “judicial politics” to flourish. As regards tackling the problem of arrears in courts and hastening up our justice delivery processes, our present system of administration has clearly not been able to devise steps to bring about any significant improvement. Therefore, there is need to consider innovative ideas to deal with this situation. One that suggests itself is the concept of having some senior and experienced lawyers to deal with a particular category of cases as part-time judges. Being over the age of superannuation of judges should be no bar in their case. After all, if lawyers can continue with their flourishing practice well into ripe age where lies the problem in having them decide some cases too? The category of cases that they may be called upon to deal with and the method and terms of their appointment as part-time judges can be worked out. Next to consider is whether in the context of the workload in our courts, can we really afford the luxury of providing for three appeals - one to the District Judge, then to the High Court and finally to the Supreme Court? What if the court of the District Judge were to be the trial court with an appeal from its decision to the High Court? In other words, do away with the judicial courts below the District Judge.
This would not only cut out one appeal but would also provide a trial court manned by senior and more experienced persons. These are some ideas to generate a debate for new thinking on how to make our justice delivery system speedy and more
effective. The writer is a former Chief Justice of the High Court of Allahabad
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The school barber HE had a small wiry frame and his face was wrinkled and creased like the skin of an apple that has remained on the shelf too long. He exuded the
musty odour of age and this led you to believe all the 50-year stories that he told you. He was a living history book as far as the school was concerned going right back to the 1920s when Bishop Barnes was the Principal. He told of how Rev Hunt, the fifth Headmaster, had not suffered a heart attack and drowned while swimming as he was supposed to have, but had been murdered by his daughter and her two lovers because he had objected to her going out with two men at the same time. The school authorities insisted on severe, army hair cuts and Sukh Ram, or Napi as he was generally known, found sadistic delight in chopping away at the boys’ hair till he was in danger of scalping them. One year, shoulder length hair for boys was all the rage and the boys returned from the winter
vacations supporting long, scruffy hairy. Napi proudly proclaimed: “See, how the boys love my haircuts Not one of them went to another barber
during all these months.” Sometimes Napi would soften and let some boys off with slightly longer hair than prescribed. On one occasion, for some mysterious reason, he
succumbed to cajoling and blandishments and did the unthinkable. He cut a Sikh boy’s hair. All hell broke loose. The boy was hauled up by the
Deputy Headmaster, Napi was served a show-cause notice and the boy’s father arrived, armed with a double barrel BSA twelve bore, determined to shoot Napi. Napi went into hiding and we thought that his services had been terminated and we would never see him again. But he returned one morning and all seemed to be forgiven and forgotten and I, for one, was relieved and glad to see him again. Somehow, he more than anyone or anything else, served as a bridge between the Sanawar which the British had owned and run as a military school and the Sanawar which was now a totally Indian public school. One cold Sunday morning while he cut my hair, my mother sat in the sun nearby reading the newspaper. Napi kept up a running chatter for her benefit. “Your son is now a mature responsible man,” he said. “But when he was a student here, he was a rascal. He would never sit still in my chair while I cut his hair.” I suddenly realised that Sukh Ram could not be assumed to be a walking encyclopaedia of Sanawar history or a bridge between the past and the present. All his stories needed to be taken with more than a pinch of salt. You see, while I was in school I had never been to him because I had long hair and a
turban.
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A Democratic bet that is going wrong IN my wallet is a chit for a $100 bet I took out last summer with a Republican friend that a Democrat would win the US Presidency in November. Normally, I’m not a betting man. But like many, many others, I thought that what with an unpopular war, a wobbly economy, and a blundering incumbent, the Republicans didn’t have a prayer. And today? The Iraq war is even more unpopular, the economy is heading for recession if it’s not in one already, and George Bush now has the lowest approval rating – 28 per cent – of any president in 70 years. But after Tuesday’s Democratic primary in Pennsylvania, I probably couldn’t find even a credit default swap to cover my wager. In part, it’s sheer dumb Republican luck. They were the ones, you will remember, who were supposed to be facing a chaotic nomination struggle while the Democrats settled quickly and painlessly on a candidate (one Hillary Clinton). Instead, the opposite has happened. The Democrats are saddled with their longest, most divisive and most expensive primary fight ever. The Republicans meanwhile, largely by fluke, have come up with the one candidate who offers a decent shot at victory, in about as hostile a political environment for the party as you could imagine. When I took out my bet, John McCain’s campaign was dead in the water. But thanks at least as much to the blunders of his rivals and a split in the traditional conservative vote as to his own appeal and resilience, he wrapped up the nomination two months ago. He now has the luxury of watching his two adversaries exposing each other’s flaws – picking at raw wounds in the Democratic body politic that, had matters gone as expected, would never have been opened in the first place. Hillary Clinton’s solid win in Pennsylvania means her battle with Barack Obama will continue, at least for the next fortnight, probably until the end of the primary season, and possibly all the way to the party convention in Denver. And rightly so. After months of being given a free ride by a fawning media, Obama is finally being tested. He had a rough ride during a televised debate last week, prompting his defenders to complain how trivial, nasty and unfair American politics had become (and now they tell us!). More to the point, Obama has learnt that platitudinous saintliness, however uplifting, is not enough on its own. His remarks at a plush San Francisco fundraiser, about how poor white voters were “clinging” to God and guns out of their “bitterness” at how economic good times had passed them by, may or may not have contributed to his 10-point defeat on Tuesday. The “gaffe” illustrated the tendency to the supercilious and condescending that is one of his least appealing qualities. But it also must have brought home to this comparative political novice the old truth that, in politics, a gaffe is when you inadvertently blurt out the truth. Either way, however, his defects are being exposed – and far better now, you might say, when there is still time to correct them, than in the general election. Barring almost unimaginable disaster, Obama will have won the most states, the most delegates and a majority of the Democratic popular vote by the time the primary season winds up on 3 June. These facts will weigh heavily, and rightly so, on the minds of superdelegates as they make up their minds. You do not lightly cast aside the will of Democratic rank-and-file voters, as expressed in the ballot box. It also happens to be a fact, however, that if the Democratic nominating system had awarded delegates on a winner-take-all basis (as is the case both in the Republican primaries and, via the mechanism of electoral college votes, in the general election), then Hillary Clinton, not Barack Obama, would now be in the lead. Even under the proportional Democratic system, however, Obama has had his chances to put it away. He failed to do so. The first opportunity came early on in New Hampshire, where Clinton pulled out an upset win when defeat would surely have doomed her after her third place finish in Iowa. He had another chance last month in the primaries in Texas and Ohio (I ignore the bizarre Texas caucuses, whose results took almost as long as Zimbabwe’s to emerge, but which Obama in the end won). A victory in either primary would have wrapped up the contest. Instead he lost both. And now Pennsylvania, where the result is uncannily – and for superdelegates, troublingly – similar to Ohio next door. The pair have exposed the biggest chink in Obama’s armour. For all his successes in small and medium-sized states, for all his unprecedented ability to galvanise young voters and black voters, he seems unable to win the big swing states that a Democrat needs to win the White House. Obama’s victories in primaries and caucuses in a host of southern, Plains and Rocky Mountain states are insignificant. Most will stay firmly Republican in November. What isn’t insignificant however is the central weakness to his candidacy exposed by Pennsylvania and Ohio: his inability to attract white, blue-collar voters – the “Reagan Democrats” of yesteryear, whose defection in 1980 from Jimmy Carter paved the way for a generation of Republican political dominance. This was supposed to be a watershed election akin to 1980, ushering in a new Democratic era. Now Obama, assuming he wins the Democratic nomination, may lose the Reagan Democrats all over again. Maybe it’s because they see him as elitist. Maybe it’s because he’s black. Either way, who better to scoop up their votes than a straight-talking, white and all-American war hero called John McCain? Is it any wonder I tremble for my bet?
By arrangement with The Independent
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Explore all options on IAF aircraft deal THE acquisition process for new weapon systems for the armed forces in India is not only appallingly cumbersome but also terribly slow. Bureaucratic buck passing combined with red tape has always been a hindrance in ensuring long delays in induction of the latest combat hardware, depriving our armed forces a definite edge against our rivals in the region and blunting the nation’s defence preparedness. Strangely, it takes almost a decade for a proposal for new weaponry to translate into reality from the time it is initiated by the user service. The recent deferring of the last date for submission of bids for the $10.2 billion order for 126 multi-role combat aircraft (MRCA) for the air force, throws poor light on the procrastinating procedure followed routinely by government’s file-pushing babudom, in keeping our armed forces on a fast modernisation track. There is no denying that the Indian Air Force desperately needs the latest aircraft to replace its ageing fleet of Soviet-era MiG-21 fighters, that make up a major portion of its 30 odd squadron fleet of combat aircraft. It was in August 2007 that the IAF had floated a global tender for purchase of 126 combat planes that is said to be India’s biggest ever defence deal. According to the proposal, eighteen medium multi-role combat aircraft (MMRCA) will be purchased in flyaway condition and the remaining 108 manufactured in the country under a transfer of technology (TOT) agreement with the selected supplier. The aircraft are envisaged to have a lifecycle of 40 years from the time of delivery. The request for proposal (RFP), which was cleared by the Defence Acquisition Council chaired by the defence minister, was sent to the manufacturers of six aircraft – Lockheed’s F-16 Fighting Falcon, Boeing’s F/A-18-E/F Superhornet, Swedish Saab’s Gripen JAS, European consortium’s Eurofighter Typhoon, French Dasault’s Rafale and Russia’s MiG 35. Presently, nearly three fourth of the IAF’s inventory consists of ageing Russian aircraft while the balance is made up with French and British origin machines. However, in the light of the currently unfolding strategic partnership between India and the U.S. and the recent concluding of a $1 billion deal for six C130J transport aircraft, there may be possibilities for India opting for American combat planes. America’s Boeing Integrated Defence Systems intends to bid for the order of the multi-role combat aircraft for the IAF and has expressed its readiness to transfer the technology for the manufacture of its F-18 Super Hornet fighter aircraft at Hindustan Aeronautics Limited (HAL). However, F-18 Hornets are mainly carrier based combat planes operated by the US navy and are on the verge of attaining obsolescence. Another US firm, Lockheed Martin, has offered the F-16 Fighting Falcon to the IAF. The company already has a name for the customised aircraft it intends to sell to India – F-16IN. The aircraft’s latest features include active scanned array radars, electronic warfare suite and infrared searching. The company is ready to offer advanced technologies incorporated in its next fifth generation fighter jet F-35 now under final phases of development. It has also reportedly offered the state of the art and stealth-capable F-35 Lightening II Joint Strike Fighter to India. According to the Wall Street Journal the Pentagon intends to induct 2400 of these futuristic fighters costing $69 million each. If India is willing to spend billions of dollars on clinching the proposed aircraft deal, it should not rush headlong into any deal. It must be noted that the F-18 and the F-16 being offered are in service with the US and elsewhere for more than three decades and the manufacturers are planning to end production. In order to have a definite advantage over Chinese air power, which will present a serious challenge to India’s security, it will be better for New Delhi to opt for the F-22A Raptor. This advanced tactical fighter entered service with the US Air Force in December 2005 to eventually replace the F-15. The twin engine F-22A advanced tactical fighter having longer range can ‘super-cruise’ at sustained speeds of over Mach 1.5 without the use of after burner and remains nearly invisible to radar. However, acquiring the F-22A will not be an easy task. The first hurdle is the mammoth cost at $143 million a piece. However, the major impediment will be the US Congressional prohibition on foreign nations from buying the F-22A fighter jet. In this context, the US Defence Secretary Robert Gates had promised Australia to look into whether this legal glitch could be done away with as a special case. There is no harm if India, now emerging as a vital US strategic partner, also strongly pleads with Washington to lift the restriction. In this case, the recent deferment of the date for submission of bids for 126 aircraft may be a blessing in disguise. Finally, it will not be out of place to also take into account India’s own LCA, now under intensive flight testing, as well as its proposed successor – a 5th generation Medium Combat Aircraft. Diversion of a staggering $ 10.2 billion to these indigenous fighter jets will not only hasten up their development and production but also eliminate the possibility of kickbacks worth million of dollars.
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Delhi Durbar IN an era of multiplexes, good old Hindi movies seem to have few takers. This became evident by the lukewarm response of Delhi residents to the recently
concluded B.R. Chopra film festival, hosted by the Film and TV Producers Guild of India and ASSOCHAM. The festival, held before Chopra’s 94th birthday, screened nine films including those produced and directed by him and his son, Ravi Chopra. Barring the opening day which drew an overwhelming response from mediapersons, the
attendance on subsequent days was disappointing, to say the least. Cinema lovers who went for the shows said the Delhi audience had lost the opportunity to see some of the best Hindi films such as Hamraz, Naya Daur, Nikaah and Insaaf Kaa Tarazu, directed and produced by B.R. Chopra. For the Chopra family, the festival was unforgettable, as it ensured the largest family gathering outside Mumbai. Chopra’s son, Ravi, his younger brother and film-maker, Yash Chopra, and Delhi-based brother Raj Chopra, a film distributor, were among the many members of the Chopra family who attended the festival. Social concern Members of Parliament belonging to the Congress and its allies seem to be inspired by Prime Minister Manmohan Singh’s oft-voiced emphasis on the social sectors. This is reflected in the diverse issues that they raise in Parliament. Lok Sabha member Ranjit Ranjan of the Lok Janshakti Party representing Saharsa in Bihar, was recently complimented by Speaker Somnath Chatterjee, for raising an important question on the inhuman practice of scavenging. The same day, Congress chief whip Madhusudan Mistry from Gujarat, drew attention to the increasing number of youngsters suffering from schizophrenia and demanded more treatment centres for them. Rural focus Journalist-turned-MP Balbir Punj was effectively ticked off by rural development minister Raghuvansh Prasad Singh in the Rajya Sabha earlier this week. During the debate on rural poverty, Punj waxed eloquently on the subject, giving a graphic account of how the rural masses continue to live in abject poverty as the government had failed to deliver on its promise to improve their lot. Not one to take things lying down, Singh was quick to chide the BJP MP during the course of his reply. “You spoke very well but you should also write about rural poverty. I read your write-ups regularly but you only write about power politics and ignore the rural poor”, the minister told him. Punj was taken aback momentarily but soon recovered to clarify that he “writes about people who stop this rural development”. Contributed by Tripti Nath and
Ajay Banerjee
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