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Minority or not A breather Blow to Badal |
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Change in Nepal
Japanese in Hindi
Obama’s baptism
by fire Is there a way out
of the mess in Afghanistan? They too deliver
with pain
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A breather THE Supreme Court’s vacation of the Calcutta High Court’s stay of 27 per cent reservation for the Other Backward Classes in IIM-Kolkata is a breather for the students and the Centre. Chief Justice K.G. Balakrishnan took the High Court to task for sitting over the apex court’s April 10 judgement upholding the Constitution 93rd (Amendment) Act and the subsequent Central Educational Institutions (Reservation in Admission) Act, 2006. Admittedly, when the apex court had upheld the validity of the Act providing for 27 per cent quota for the OBCs, the High Court did not have any locus standi to grant a stay. Had the apex court not vacated the stay, it would have delayed OBC admissions in other IIMs too. The High Court issued the stay order in response to a student’s petition. He claimed that the OBC quota violated the apex court ruling that graduates should be considered as “educationally forward class” and that they should not get admission in postgraduate courses with the help of the quota system. In fact, there has been considerable confusion about this issue following the April 10 ruling. The five-member Constitution Bench was itself divided over the issue. Chief Justice Balakrishnan and Justice R.V. Raveendran did not dwell on the issue and rejected the contention that 10 plus 2 should be the criteria to determine educational backwardness. Justice Arijit Pasayat and Justice C.K. Thakker felt that a graduate would be classified as an educationally advanced person. Going a step further, Justice Dalveer Bhandari directed that graduate OBCs should not be entitled to the benefit of quota. The apex court is yet to finally adjudicate over this issue and the relief it had given to the Centre on May 16 is purely temporary in nature. It has made it clear that the IIM admissions will be deemed to be provisional and subject to its final judgement on the issue of graduation. A significant outcome of Friday’s ruling is that as the Supreme Court is seized of the matter, no High Court can admit any petition hereafter and stay the implementation of the OBC reservation. |
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Blow to Badal THE Supreme Court on Wednesday suspended until July 24 the hearing of the high-profile corruption case against Punjab Chief Minister Parkash Singh Badal, his wife and son. The stay came on a petition filed by Capt Amarinder Singh, who sought the transfer of the case outside Punjab alleging the prosecution had dropped key witnesses and was rushing with the trial. The Supreme Court decision has thwarted the possible acquittal of the Badals on May 26 when the special judge would have heard the case under Section 313, Cr.P.C. The acquittal possibility had increased after the prosecution claimed before the Mohali court on April 9 that “no incriminating evidence has come to file, so far, against the Badals”. There are three charges against the Badals: misuse of official status, corruption and having assets disproportionate to their known sources of income. The prosecution chose to examine only 30 of the 136 witnesses. Most of the examined witnesses, who are government officials, have turned hostile after the change of government in the state. Counsel for the Badal family had dismissed these allegations as motivated by political considerations and contended that the district public prosecutor was appointed by the previous Congress government. It is true there exists political rivalry between the Captain and Mr Badal. The way the case has proceeded so far and the manner in which so many witnesses have turned hostile without inviting punitive action does not arouse public confidence in the criminal justice system. How can government officials be expected to depose against a chief minister? The trial should not only be free and fair but also appear to be so. Moreover, if Mr Badal is unblemished, he should not be afraid of facing trial anywhere. Showing foresight, the Hooda government in Haryana has rightly handed over the corruption case against former Chief Minister Om Prakash Chautala to the CBI. |
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Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can.
— John Wesley
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Change in Nepal
Parliamentary
democracy, much like an economic community, is also a club. The settled signatories to a regime, be it multi-party democracy or the Non-Proliferation Treaty, rarely embrace rank “outsiders”. The outsider is treated as a rogue who does not play by the rules of the game. To the outsider’s chagrin, when he plays by the rules and wins, he is still considered unworthy of admittance. That is the plight of the Maoists in Nepal. The Communist Party of Nepal (Maoist) has emerged as the largest party in the Constituent Assembly. With 220 seats in a House of 601, this majority should be enabled to lead a government. That is not happening. The CPN(M)’s ascendance to office is being resisted by the Nepali Congress, the Communist Party of Nepal (United Marxist-Leninist) and the conventional forces of democracy, in Nepal and abroad. The NC won 110 seats, the UML secured 103 and others account for 168, with 26 to be nominated. To be elected in a democracy means only so much. To belong to the elected elite is an altogether different matter. The Maoists, obviously, are yet to gain acceptance of this entrenched class. Even as the newly-elected Constituent Assembly — which will also function as parliament until a new constitution is drawn up — prepares to meet on May 28, there is no clarity on government formation. The Constituent Assembly meeting has been called by Prime Minister Girija Prasad Koirala of the Nepali Congress-led Seven-Party Alliance, which includes the Maoists. For joining the SPA, the Maoists gave up the bullet for the ballot, as they were preached to during the 10 years of insurgency, and acquired legitimacy. Nevertheless, the road to elected office seems to be marked by hurdles which the Maoists can overcome only with the support of the NC and the UML, which are not making it easy for the Maoists. As a result, the three parties are locked in a power-sharing tussle, with the NC and the UML threatening to keep out of a Maoist-led ministry unless a coalition is formed on their terms. For all their bluster — that they will form a government on their own if the NC and the UML do not come aboard — the Maoists know that this is difficult. If they manage to do so, the Maoists will be hobbled on two counts: their acceptability in the “community of democracies”; and their inability to muster the required numerical support in the Constituent Assembly to get any of their proposals passed. They will be stonewalled at every step not only by the NC and the UML but also by the other 168 members, who may choose to make common cause with the former against the Maoists. The roots of this contest for a share in post-election power (not just office) lie as much in the SPA as in the emergence of new and unexpected competition to the traditional players in Nepal’s multi-party democracy. When the SPA pledged to keep the coalition going after the election, the assumption was that the election would not throw up any great surprises; the NC and UML would continue to be dominant with the Maoists gaining somewhat, but not enough to upset the settled multi-party club that has carried on since 1991. It was also assumed that the SPA would remain intact regardless of changed numerical equations within. Contrary to the assumptions, the outcome was a tectonic shift, which also demolished the existing Kathmandu-centric axis of power. The composition of the Constituent Assembly turned out to be radically different from that of the interim parliament with as many as 25 parties — 18 more than the “settled seven”. The SPA, identified with the leadership of the NC and Mr Koirala, propped up by the UML, was no longer the sum of its parts. One co-opted part — the Maoists — had outgrown the entire coalition. The Maoists were not the only one to overturn the applecart. There was more competition from the Terai parties with the Madhesi Janadhikar Forum (MJF) alone bagging 50 seats. The mainstream “monopolists” of multi-party democracy find that to give the competition its due would turn the electoral rout into political defeat, which they cannot accept. The altered equations have made irrelevant the SPA’s pre-election resolve to stick together. Therefore, they have raised the bar for the new competitors by picking issues and demands that can obstruct the Maoists from heading the government. The power-sharing demand is that each of the three parties should head one of the institutions — state, government and Constituent Assembly. Translated, this means that Koirala should be head of state and the UML nominee made Speaker since Maoist chief Prachanda as head of government is non-negotiable. This demand by itself is not so threatening. Dovetailed to this demand is the issue of the Maoists being asked to reinforce their parliamentary credentials by obliterating their extra-parliamentary bases of power. This has taken the form of the parties asking the Maoists to destroy their arms, disband their People’s Liberation Army and dissolve the militant Young Communist League. While the Maoists have handed in their arms (which are in state custody under UN supervision), in government, the Maoists can determine what should be done with the weapons. The integration of the Maoist ex-fighters in the Nepalese Army is to be resolved by the Constituent Assembly. Until that happens, if the PLA is not disbanded, Prachanda as Prime Minister will be head of both the Nepalese Army and the Maoist PLA. This is abnormal for a democracy. The YCL’s dissolution is easier proclaimed than done, since it may not be within Prachanda’s power to do so by diktat. On these demands, which have a resonance beyond Nepal, the NC and the UML have the Maoists against a barrel. The latter may have to blink if they want to move forward with a broad-based coalition. The NC and the UML know that the Maoists’ obduracy on these issues can be their undoing. The power-sharing talks, which can drag on, offer them a chance to prolong the Maoist agony. Government formation will be delayed and there will be room to raise new questions and doubts. The period of suspense could make others, such as the Terai parties with their own grievances against the Maoists, to pitch in and take sides by bringing other issues to the fore. In opting for the ballot over the bullet, the Maoists have gained handsomely. They should now go the extra mile, at every stage, to avoid being frustrated in their attempt to form a government. They can consolidate the electoral gains only by making the necessary compromises to carry with them those who have come more than half way. They must first taste the fruits of electoral victory. The victor’s agenda can wait. Nepal needs both democratic stability and peace. Thwarting the Maoists’ prerogative to lead a government would endanger stability. Letting the Maoists run away with a government without meeting the democratic pre-requisite of doing away with their extra-parliamentary props would put peace, and pluralism, at risk.
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Japanese in Hindi Most
marine companies prefer ships to be repaired and drydocked in Japanese or Korean shipyards for advantage of time saved and quick delivery. It was in 1978 when I was in Japan for dry-docking and repairs by Mitsubishi shipbuilding yard near Kobe. My wife was with me. Two days prior to departure from Japan our hosts organised a farewell party to be attended by the ship’s officers and agents in Hotel Savoy, Tokyo. The Captain showed me the text of his post-dinner thanksgiving speech of about 10 minutes typed in English. We decided that it would be more appropriate if the speech was read out by the Captain in Japanese as after all only about 110 words were involved. So we chose to first get translated the English version in Japanese and then get the same written in Devanagari script. The speech was rehearsed in the presence of the agent indicating desired gestures in five appropriate places where a clear eulogy for the Japanese shipbuilding skills, Japanese culture and Japanese business ethics was called for. Japanese language is relatively easy to speak provided the trend of phonetics is well rehearsed. Four geishas in traditional dresses extended Japanese warmth to all present although Indian officers’ wives present resented “close gestures” by them. Dinner over, Mitsubishi director Sukiami read out his welcome speech thanking the ship staff for their cooperation and eulogising the greatness of India. Then the ship’s Captain rose, looked around and glanced towards the chief host. He started to read his Japanese speech in Devanagari script slowly, keeping Japanese phonetics and sounds in mind as best as he could manage. He also tried to gesticulate as planned at specific points. Those present could not believe that they were hearing a non-Japanese Captain speaking in Japanese to them. The gathering could hardly express its surprise when the speech ended with three steep bows by the Captain. Formalies over, curious Mitsubishi director could not resist coming close to the Captain and enquiring as to how he could speak Japanese so well. The Captain did not like to conceal the truth any longer. He took Sukiami to a side room and took out the handwritten paper in Devanagari script from his pocket and showed it to the chief host. The script also showed markings on words where the Captain had gesticulated in Japanese style to emphasis his points. An amazed Sukiami requested to have the Devanagari script paper gifted to the chief host as a souvenir of great interest. This request was conceded with a condition that the paper was suitably framed and preserved by the hosts. Immense was the fascination of Mrs Sukiami to acquire the Devanagari paper at any
cost!
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Obama’s baptism by fire Although those things may be true, so is this: The last six weeks have been a great benefit to Obama and may emerge as the most important period of his quest for the presidency. The poll evidence is unambiguous: He’s suffered no short-term damage. A recent Los Angeles Times/Bloomberg poll shows Obama leading McCain in a hypothetical matchup by six points; in February, he was trailing by two. The Rasmussen Reports’ estimate of Electoral College strength has him leading McCain, 260 to 240. And a recent CBS/New York Times poll reveals that over the last few weeks, Obama’s favorability rating actually increased by five points. So these controversies of early 2008 have strengthened, not weakened, Obama’s position for the general election in November. How’s that? First, the speech that the Rev. Jeremiah A. Wright Jr. gave at the National Press Club on April 28, which was initially seen as a serious blow to Obama, turned into a clear benefit. Wright’s outrageous performance allowed Obama to do what he had not done in March: completely disavow his former pastor. Even the most conservative commentators acknowledge that there has been an almost total repudiation. Obama also now knows his other vulnerable spots: his ties to William Ayers, a member of the 1970s terrorist group the Weatherman; and his comments suggesting that working-class voters are bitter and cling to religion and guns as a palliative. But Obama will benefit by confronting these issues now. At the least, he can discount those arguments in the fall campaign as over and done. At best, he might frame a response as a positive message that enhances his appeal. Overall, Democrats do better when their presidential candidates are fully vetted before the general election. In 1992, because of Gennifer Flowers and questions about how he avoided military service, Bill Clinton was seemingly mired in third place behind George H.W. Bush and Ross Perot after securing the Democratic nomination. However, that tough primary campaign allowed him to move past those issues. Indeed, when Bush revived Clinton’s draft status in the waning days of the general election, the attack fell on deaf ears. Meanwhile, Clinton was able to focus on his economic message during a downturn. In 1976 and 1988, the Democratic nominees started out as strong front-runners with large leads. But neither Jimmy Carter nor Michael Dukakis had been fully vetted by the electorate in the primaries, and they suffered for it. Carter nearly squandered the 33-point lead he held after the Democratic National Convention; in the end, he beat Gerald Ford by only two points. Dukakis lost a 17-point lead after unanticipated attacks, particularly the infamous ads about furloughed murderer Willie Horton. The 1976 Carter campaign also holds lessons for Obama. Carter’s theme, “I’ll never lie to you,” was a compelling response to the corruption of Watergate and gave him a surprising win in the Iowa caucuses. But he didn’t turn that into a specific program for America in the general election. So when Ford started targeting Carter’s readiness for the job and his gubernatorial record, the darts stuck. The November results were much closer than anyone had expected. So what does Obama do to ensure that these early controversies stay behind him? The Illinois senator must recognize that his post-partisan appeal, although attractive in the same way Carter’s honesty was, is simply not enough to win over working-class voters worried about their homes, health care and jobs. Hillary Clinton’s grip on Ohio, Pennsylvania, Indiana and West Virginia was evidence that this is still a weak point for him. But he can start to bridge this gap with an economic agenda like Bill Clinton’s in 1992 -- one that sharply contrasts with the Bush and McCain policies that have produced a deficit, a financial markets crisis and a recession. But it’s not just about bowling versus basketball. He needs to exhibit empathy for these key constituents, traditionally the bedrock of Democratic support. Obama is a great talker, we all know that. He needs to become a great listener and demonstrate that he understands their values and concerns. Obama is starting in a good position: Democrats hold the edge in party identification, and voters want any Democrat over any Republican in the White House by a margin of more than 10 percentage points. If the springtime controversies and these final tough primaries push him to refine his message, he’ll find they were the best things that could have happened to his candidacy. By arrangement with
LA Times-Washington Post The writer, a pollster, is the author of Declaring Independence: The Beginning of the End of the Two-Party System. He was an adviser to President Clinton from 1994 to 2000. |
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Is there a way out of the mess in
Afghanistan? News
of continued fighting between NATO and the Taliban on the Afghan-Pakistani border comes on the heels of the attempt on President Hamid Karzai’s life on March 27 and reports that the US will deploy another 10,000 troops in Afghanistan next year. The Afghan state – and its security – are fragile. The rate of Afghan civilians killed in Taliban attacks this year has increased six-fold over the last 12 months. Blaming NATO’s refusal to recognise the need to build an Afghan police force, Karzai has demanded that his government be given the lead in policy and decision-making. The realisation of NATO’s vision of a secure and terrorist-free Afghanistan, outlined at the Bucharest summit in early April, seems to be a remote prospect. More money and better coordination are necessary to rebuild Afghanistan, enhance security and the legitimacy of the Karzai government and that of its international backers. The botched attempt on Karzai – the fourth aimed at killing him and the first in Kabul — takes the anti-extremist war right under his nose, and raises questions about the competence of his security forces. The Afghan National Army (ANA), which will assume responsibility for the defence of the capital in August, finds it hard to recruit soldiers and prevent their desertion. In a war-torn country where unemployment is at least 40 per cent, and alternatives to the Taliban-infested, lucrative opium economy few, the average Taliban fighter earns at least $15 a day, while a soldier in the ANA makes do with $70 a month. The ongoing battles are further reminders of NATO’s failure to halt the Taliban surge from neighbouring Pakistan. The extremists frustrating NATO’s effort in Afghanistan have been trained by President Musharraf’s army and intelligence services. Those terrorists also threaten Pakistan’s own security. So the recently elected government in Islamabad, consisting of Musharraf’s opponents, has started negotiations with extremists in north-western Pakistan. But the crux of the matter is that Islamabad can only contain extremists within Pakistan if it stops exporting them to neighbouring Afghanistan and India, and there is as yet no sign that it will perform this 180-degree turn. More generally, NATO’s Afghan campaign has always been undermanned and
underfunded. Unless the 40,000 NATO and 50,000 ANA troops currently doing battle with the Taliban can quash them, the induction of another 10,000 American soldiers in 2009 may be too little, too late. Corrupt and incompetent governance, and poor communications between Kabul and local governments, have led to the inefficient distribution of aid, the failure to reduce the ever-burgeoning opium economy, and to provide those profiting from it with alternative sources of livelihood. Afghanistan’s financial problems are compounded by the favouritism among donors in awarding contracts to their own compatriots. According to an Oxfam report 40 per cent of western aid is recycled to donor countries in the form of consultancy and other services. Insecurity and the sluggish pace of reconstruction have raised the all-important question of legitimacy. Afghans will elect a new President in 2009 and a new Parliament in 2010. Karzai can only win if the credibility of his government is enhanced. This would entail presenting his government with more money to improve administrative standards and letting him take the credit for that. Or, in UN parlance, the security-building and reconstruction processes must be guided by the overarching principle of Afghan ownership and leadership. Accountable governance is also essential to assure a transparent, free and fair electoral process – from voter registration, which will start soon, to the ballot box in 2009 and 2010. NATO will continue to have a rough ride in Afghanistan in the foreseeable future. But the legitimacy of Karzai and of the military and reconstruction efforts in Afghanistan must be upheld. And Kai
Eide, the UN envoy, must persuade the west to increase troop strength and funding, and unite all anti-extremist parties, including NATO, UNAMA , the EU, international donor agencies, and the Karzai government. Only then can a secure, terrorist-free, democratic Afghanistan become
reality. The writer is Visiting Professor at the Centre for Peace and Conflict Resolution, New Delhi |
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They too deliver with pain The
Sixth Pay Commission report has recommended the enhancement of the maternity leave from three months to six months with full wages for the Central Government employees. No body will grudge this step aimed at the welfare of women employees if the other working women engaged in the organised and unorganised sector could avail themselves of even 40 days rest also with full wages. Truth is very harsh and painful. According to an estimate, while about 6 lakh women are working in the Central Government, there are 100 million women who are either self-employed or are working in the unorganized sector, doing different jobs from teaching to domestic helps. They are working as teachers, nurses, receptionists, in construction and road building, mining, crushing, office jobs, filling petrol, managing retail counters and in tiny and small scale units where ESI facility doesn’t exist. Most of these women don’t avail themselves of even the mandatory one-month rest after delivery, because long absence from work will affect their house budget as they don’t get salary when they are on leave. I have seen domestic helps and dailywage workers rejoining their duties just 15 days after the delivery. One cannot overlook the fact that 3 per cent upperclass in India is employing women in one way or the other. Even majority of our members of Parliament and Legislative Assemblies are employing women in their respective businesses and houses. How many of them really give six months’ rest to women employees after delivery? Facts will show them in a very poor light. When it is at the expense of tax payer’s money, they are very generous in doling out favours. However, when the money goes from their pockets, they behave quite differently. If the government means business and is seriously interested to do something beneficial for the women, why should it be for a privileged few? Will it not be better to work out a scheme which will benefit all the working women in the country? The best way will be to provide an insurance cover for all working women irrespective of whether they are employed in the government or in the unorganised sector. It should provide for three months’ rest with full wages to all women for their first two children apart from free medication. Six months’ rest looks to be an overdose considering the fact that even large section of women who are running their own enterprises or are gainfully self-employed and are not dogged by financial insecurity return to the work within 2-3 months after the delivery. I don’t think that even our celebrities who have earned a name ever took six months rest after their attaining motherhood. The government ought to work for the whole women’s lot and not for a selected few.
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