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Husain to come home
Vice of interference |
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Cobras vs Naxalites States, too, should take up the challenge THE Centre’s introduction of a new battalion called COBRA, actually Combat Battalion for Resolute Action, to tackle the increasing Naxalite menace in some parts of the country is timely. Five of the 10 battalions will be deployed in Jharkhand and Chhattisgarh, the two states which are worst affected by the problem.
Can opinion polls be banned?
Dating advice to Vijender
Badal’s U-turn on PU
Hurricanes
typical of
the season
Inside Pakistan
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Vice of interference
THE Knowledge Commission could not have described it better. It wants “zero-interference” from the government in the appointment of vice-chancellors for the proposed 14 “world-class universities” at Amritsar, Greater Noida and other places. In a letter to the University Grants Commission, it has also sought full autonomy to the VCs in the running of the universities, including fixing of tuition and other fees. In fact, the measures the Knowledge Commission has suggested for the new universities should be adopted in the case of all existing universities also. If higher education is in the doldrums, it is because of political and bureaucratic interference in the running of universities. The problem, often, begins with the appointment of vice-chancellors. Elected governments want their favourities as VCs so that they can remote-control the functioning of the universities. As a result, academic brilliance, administrative acumen and adherence to ethics and principles are no longer insisted upon while selecting vice-chancellors. The essential qualification ends up as the concerned person’s proximity to the Chief Minister and the Education Minister. Once such a person is elevated to the post, he will always remain amenable to political influences while admitting students, appointing teachers, prescribing textbooks and awarding contracts. And as soon as the government goes, the VCs are replaced with the favourities of the new government. It was only recently that some vice-chancellors in Punjab were shown the door because they were considered close to the previous government. It is to insulate the universities from political control that the highest authority is vested in the Chancellor, who is usually the Governor of the state. The academic community and the students can only lament when the Chancellors themselves are unable to protect the interests of the universities. What happened in Guru Nanak University, Amritsar, whose Vice-Chancellor was asked by the Chancellor to appear before a low government official in a complaint against the VC was the pits. There is need to evolve a foolproof system whereby only the most qualified person is selected from a panel of eminent personalities. Until then, the universities will remain a playground of politicians. |
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Cobras vs Naxalites
THE Centre’s introduction of a new battalion called COBRA, actually Combat Battalion for Resolute Action, to tackle the increasing Naxalite menace in some parts of the country is timely. Five of the 10 battalions will be deployed in Jharkhand and Chhattisgarh, the two states which are worst affected by the problem. In the last week alone, as many as 22 security personnel, including 13 policemen and nine CRPF personnel, have been killed in the two states. Last year, Chhattisgarh and Jharkhand together accounted for 68 per cent of the total incidents and 75 per cent of the total casualties in Naxalite violence in 13 states. Two COBRA battalions of the 10,000-strong special force, already trained in the Naxalite intelligence techniques and strategy on the lines of the Greyhounds of Andhra Pradesh, are being sent to the two states. Orissa, Maharashtra, Bihar and Uttar Pradesh will get one battalion each. While the Centre has acted fast by raising the COBRA battalions in Jharkhand and Chhattisgarh, these and all other Naxalite-affected states should do their bit to improve governance. A major reason for the increasing Naxalite menace is the absence of governance. There is a general impression that this is not primarily a security problem but has roots in the feeling of desperation fuelled by poverty and lack of development. Moreover, in many states, forest wealth and mineral resources have been exploited by outsiders at the cost of local people. The district administrations have been weak and insensitive, connectivity poor and education and health facilities absent. The states should realise the fact that they will have to give priority to development and governance without which it would be difficult for them to win the hearts of the people. Along with effective day-to-day policing and support from COBRA units trained in modern weaponry, advanced communication systems and an effective operational strategy, the states should reach out to tribal areas where Naxalite insurgents are based. A long-term strategy comprising both security and welfare measures need to be put in place to combat the menace. In this gigantic task, the Centre should work in cooperation with the states. |
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History books that contain no lies are extremely dull. — Anatole France |
Can opinion polls be banned?
THERE is a move to enact legislation to prohibit the publication or dissemination of opinion polls and exit polls both in the print and electronic media during the period of elections. The rationale for the proposed legislation is that opinion polls and exit polls during the period of elections have the effect of influencing the minds of the electors which would adversely affect the electoral prospects of some political parties or candidates. At one stage the consensus among political parties was in favour of the proposed legislation. The Election Commission was also in favour of such legislation. However, the crux of the matter is whether the restrictions imposed by such legislation would be constitutional in view of the fundamental right of freedom of the Press and free speech guaranteed by Article 19(1)(a) of the Constitution. It must be borne in mind that the free speech guarantee is not merely for the benefit of the proprietors of newspapers, their editors or journalists. It has a societal aspect. It embodies the public’s right to know, the right of the citizen to receive as also to disseminate information. Exercise of franchise is a vital democratic right and for its effective exercise information from divergent sources should be available to citizens in order to make an informed choice. A citizen may or may not vote for a particular party or its candidate or may not vote at all, depending upon his assessment of the weight to be attached to the opinion and exit polls. It needs to be emphasised that there are several opinion and exit polls and the citizen can decide which of them is credible and reliable for making his informed electoral choice just as he or she will assess the weight to be attached to the editorials and articles projecting different views in different newspapers. We must respect the common sense and intelligence of the average voter-citizen who can be depended upon to decide ultimately which of the “influences” will prevail with him. As observed by the Supreme Court, “all members of society should be able to form their own beliefs and communicate them freely to others. In sum, the fundamental principle involved here [Article 19(1)(a)] is the people’s right to know”. No doubt, freedom of expression is not absolute and can be restricted. In view of the deep importance attached to free speech by the Founding Fathers, the specified heads of restrictions for the curtailment of freedom of expression in Article 19(2) are limited, viz. “sovereignty and integrity of India, security of State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence”. It is noteworthy that freedom of expression under Article 19(2) cannot be restricted on the ground that the restriction is “in the interest of the general public” as in the case of other fundamental rights. This issue was considered at length in the landmark decision of the Supreme Court in Sakal Papers. The government sought to defend the restrictions imposed in that case on the ground that were intended to suppress monopolies and to prevent unfair practices. The Supreme Court rejected the government’s stand and categorically ruled that “the only restrictions which may be imposed on the rights of an individual under Article 19(1)(a) are those which Clause (2) of Article 19 permits and no other” (emphasis supplied). The court held that freedom of speech and expression “cannot, like the freedom to carry on business, be curtailed in the interest of the general public”. This legal position has been reaffirmed by the Supreme Court in subsequent decisions. Preventing the voter from being unduly influenced or the prospects of a political party from being adversely affected by the publication of opinion and exit polls, assuming these suppositions to be correct, cannot justify restrictions which would manifestly not be covered by any one or more of the permissible heads of restrictions set out in Article 19(2). A further requirement to meet the test of constitutionality is that the restriction must be reasonable, not disproportionate or excessive. This necessarily involves the question about the duration of the restriction. It appears that the proposed ban on opinion polls is for the whole period starting from the date of notification of the first phase and till the completion of the poll in the last phase. As regards exit polls, the proposed restriction is that in a phased election, the result of an exit poll conducted during any stage should not be published before the close of the poll in the last phase of the election. It is clear that the period of operation of the ban on opinion polls and, in particular, on exit polls is unduly wide and disproportionate, and the restriction prima facie is unreasonable. It is interesting to notice the position prevailing in other countries. In the US there is no legislation banning either opinion or exit polls. In other democratic countries there is no ban on opinion polls and if there is a restriction it is for a very limited duration. In some countries results of exit polls are not to be shown until the close of the polls. The proposed legislation would be unconstitutional for the reason that the proposed restrictions in the form of prohibition of publication or opinion or exit polls are clearly outside the permissible heads specified under Article, 19(2) and also because the restriction because of its wide extended duration is unreasonable. It is certainly open to regulate the publication of opinion and exit polls. A good model of regulation is the Council of Europe’s recommendation, namely, that the media, when disseminating results of opinion polls, should provide the public with sufficient information to make a judgement on the value of the polls. Such information could, in particular, name the political party or other organisation or persons which commissioned and paid for the poll; identify the organisation conducting the poll and the methodology employed; indicate the sample and margin of error of the poll; indicate the date and/or period when the poll was conducted. This recommendation has the merit of ensuring that the opinion or exit polls are not manipulated and also provides the voter with relevant information in order to enable him or her to judge the credibility and reliability of the opinion and exit polls and thereby to make an informed choice. The proposed legislation is a classic instance of an overkill. What is required are reasonable regulations, not unwarranted and excessive restrictions on the freedom of the press and on the public’s right to
know. The writer is a former Attorney- General of India.
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Dating advice to Vijender
Sex symbol Bipasha Basu’s offer to date Olympian Vijender Singh may have been taken as a spirited backing- up gesture, when the pugilist needed it the most, but it has also drawn flak from certain quarters, in the tradition-bound state of Haryana. Even the bronze winner boxer himself has reportedly “gone back on Bipasha” saying if only she hadn’t had any “boy-friends”! And that he needed to concentrate more on his punches than crushes. Now don’t flex those muscles John! For us Indians, dating amounts to a misadventure in sex, while in the West, it is nothing but a close or first encounter, of two willing beings, mutually seeking to explore each other with no limits premeditated, for a future ‘course of action’. Even the parents are known to be guiding their children on their first date. Likewise, as an officer superior to Vijender (Remember both of us have Haryana Police to boot), I can imagine a situation when I will guide my young friend, presuming that he has had offers from many a Bollywood girl, and given that, Vijender is not in the serious “game of dating”. And true to his pulisia blood, he is not supposed to pay, the ones who seek to date him. For someone like Rakhi Sawant, Vijender is well advised to take along 50 politicians (take care, list of those interested may be a tall one) so that they can finetune the fine art of loud mouthing. He should take precaution not to go too close to her. If the Olympian Cop has a call from someone like Katrina Kaif , then he should take along 50 “keen-to-learn-Hindi” school students to inspire. Diamonds may be forever, but not the dates-like Aish. Let some two score well- fed couch potatoes accompany the boxer if he gets a dating call from someone like Vidya Balan. She can inspire these obese brats to trim down a bit to be in shape for at least refresher parties. In case of an Antra Mali, the man should take along as many dull heads as he can, who lack ambition in life, for she can make a small fry dreaming to become a Madhuri Dixit. If Vijender hasn’t had enough of media handling then he shouldn’t say no to a dating offer from Priety Zinta who can send them all on the back foot. A hundred underfed kids should accompany him to a date with Shilpa Shetty who has enough booty from U.P. and Bihar, as also London. Priyanka Chopra can tell him during a date how to court two “suitors” at a time and this will enable the pugilist to fight more than one challenger. For this he can also try a Kareena who can guide him into moving for a “nutty candy over a Chocó one”-accepting challenges, I mean. This otherwise shy and hesitant boxer should pick up some killer-instinct laced knocks from Urmila Matondkar or Kajol. Should Vijender be in a mood to change his coach, then he needs to go on a date with Archana Puran Singh or Kashmira Shah. Neha Dhupia again holds promise being a closer-home Delhiite. The more innocuous ones like Diya Mirza, Deepika Padukone, Koyna Mitra, Malaika Arora, Gracy Singh, Amisha Patel et al, too may have some “acting” or “modelling” tips for Vijender. Am I missing out on someone from Haryana? I shall restrict myself here, for Gotras, are a serious business in Haryana and can land you in the al- mighty wrangle of a panchayat. To hell with the silly imagination! I never said
anything.
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Badal’s U-turn on PU
THE Punjab government’s last-minute decision to withdraw the “No-objection letter” issued to the Centre to enable it to grant the status of Central University to Panjab University is an act of great betrayal. Unfortunately, this was done at the behest of a “few Punjabi intellectuals” who first raised the bogey of Chandigarh being a “disputed territory” and also ran a campaign in a vernacular newspaper to scuttle this move. As much false propaganda has been spread by individuals and organisations to mislead the public, we, the academics of PU, feel morally bound to present our viewpoint. It was in 2006 that Prime Minister Dr Manmohan Singh announced the setting up of 16 Central Universities across the country. This was in the wake of the recommendations of the Knowledge Commission and the UGC with a view to expanding the base of higher education by increasing the access ratio from the current 8 per cent to the projected 15 per cent. This is how Punjab, too, became a stakeholder in the process. Much before Punjab could come up with a suitable location for this purpose, the Centre sought a “No-objection certificate” from the state government, for which an official communiqué was received by the latter in July 2007. Until February 2008, when this fact was accidentally dug up by the office-bearers of the then Panjab University Teacher’s Association (which is what prompted it to launch perhaps one of the longest agitations in its history, lasting 142 days), the Punjab government chose to remain silent. Why this was so, the government alone can answer. Significantly, this demand was not mooted by “a group of faculty members on the verge of retirement” nor was it “motivated by petty, selfish considerations of continuing in the university job until the age of 65” as has falsely been projected. PUTA put this demand on its agenda owing to the overwhelming support it received from a cross-section of PU. However, its case rested mainly upon the realisation that it has had a unique history and also an illustrious past. It is an affiliated institution of Punjab University, Lahore, which was among the first four universities to be set up in India in 1882 (the other three being Calcutta, Madras and Bombay, in that order). It is common knowledge that the state government has failed to meet its financial obligations to the tune of 40 per cent of its share in the deficit of Panjab University. Consequently, does it have any moral right or political leverage to take any position with respect to our status? Why must it obstruct any move to bail PU out of its financial imbroglio? The Centre mainly sought the concurrence of the state for three reasons. One, higher education is on the Concurrent List. Two, as PU was set up in 1947 as the Inter-State Body Corporate through an Act of Parliament, the prior approval of the Punjab government is necessary. And three, until a few years ago, the Punjab government and the Centre have been sharing the financial liabilities of PU in the ratio of 60: 40. Under these circumstances, it would have been a face-saver for Punjab to actually lobby for and even facilitate Central Status for PU. This would have only meant that the state government was simply pulling out of the financial commitment it has been unable to meet now for several years. Moreover, PU Vice-Chancellor is not appointed by the Punjab Governor in consultation with the state government (as is the convention in all other state-funded universities) but by the Centre, and it is the Vice-President of India who, by convention, has always been its Chancellor, right from its inception. This means that notionally, at least, ours is a Central university both administratively and politically. Only financially, it is both a Central and a state university. What the Centre essentially had proposed through its move was to formalise an informal arrangement already existing on the ground. Our intellectuals need to understand that this case is in no way linked to Chandigarh’s fate, as is mistakenly being projected. Nor will the Central University status, in any way, dilute the territorial claims of Punjab over Chandigarh. Even naïve political observers would concede that Chandigarh’s status is likely to remain unchanged. The other argument about the transfer of assets of Punjab to the Centre is specious. They don’t seem to realise that a university is not anyone’s personal property and its assets only belong to the institution, neither to the state nor to the Centre. The question of “transferring the assets of PU to the Centre” simply doesn’t arise. Though most of us think that we have already lost our case, some of us do have immense faith and confidence in the far-sightedness of our Prime Minister. On several occasions, he has demonstrated his will to rise above realpolitik and take decisions in the larger interest of the nation. Through this article, the academic community of Panjab University makes a fervent appeal to the Prime Minister’s good sense and sagacity. And hope that he would step in at the last minute, yet again, to save his “own alma mater” from dying a slow but sure death at the altar of narrow chauvinism and petty politics. Were the Prime Minister to confer the Central status on PU unilaterally, he would be paying back to the institution, which may have, in some small way, contributed towards making him into the statesman that he is. The writer is Professor of English,
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Hurricanes typical of
the season Despite the prospect of three major tropical storms heading toward the southeastern United States, meteorologists say that the conga-line assault is not particularly unusual in the stormy history of the region. “We’re in peak season in an active hurricane cycle, and this is one of the results of that,” said Dennis Feltgen, a meteorologist with the National Hurricane Center in Miami. “We’ve had incidents where four or five storms have been stacked up.” Hurricane Ike is on a path to reach south Florida and Tropical Storm Josephine is on deck between the western coast of Africa and the Caribbean. With 10 named storms already, the 2008 season is certain to top the yearly average of 11. Forecasters at the National Oceanic and Atmospheric Administration’s Climate Prediction Center recently projected a total of 14 to 18 named storms before the season ends November 30. Cary Mock, a University of South Carolina in Columbia climatologist who studies the history of hurricanes, said that even in a busy hurricane season, having three storms brewing in the Atlantic basin at once is “a little unusual, but not terribly unusual.” Hanna, Ike and Josephine formed out of strong thunderstorms off the western coast of Africa. As those storms drifted into the Atlantic, they encountered warm water, moist air and light winds — conditions that allowed them to organise into tropical storms and hurricanes, said Corene Matyas, a University of Florida in Gainesville assistant professor of geography who studies hurricanes. Natural forces often prevent multiple hurricanes from forming at the same time. Josephine isn’t getting much traction in part because Hanna — which qualified as a Category 1 hurricane earlier this week — had a broad cloud shield that kept ocean temperatures relatively cool, Matyas said. Scientists said global warming could not be blamed for the trio of storms lined up in the Atlantic. “One cannot attribute an individual storm, month or hurricane season to global warming, since that involves long-term trends in atmospheric and oceanic conditions,” said David Levinson, a scientist with NOAA’s National Climatic Data Center in Asheville, N.C. Warmer ocean water could provide more fuel for storms, but the effect will not be that great, said Chris Landsea, science and operations officer for the National Hurricane Center. Ocean temperatures are forecast to rise between 2 and 6 degrees Fahrenheit over the next century, and each 1-degree increase boosts hurricane severity by 1 per cent. In the worst-case scenario, storms could get about 5 per cent stronger, he said. “Put it in the context of a Category 5 hurricane,” Landsea said. “If before greenhouse gas emissions it would have been 150 mph, then 100 years from now maybe it’ll be 157 mph. That’s a pretty small change.” By arrangement with |
Inside Pakistan “Today Mr Zardari is considered as the most powerful President in the history of Pakistan. The powers and the mandate he received from parliament and the four assemblies are even heavier than received by any military dictator, especially when we take into account the popular and political support he gained in the process. He could now flex his muscles without any difficulty…”, as an editorial in The Nation says. Mr Zardari as President has enormous powers vested in him by the constitution. But his real test lies in using his powers to bring about the change the people of Pakistan aspire for. Here the change does not only mean the end of Pervez Musharraf rule and the establishment of a democratically elected government. The people want the government to concentrate on handling the problems which have made their life miserable. The importance of the issue of restoring the judiciary's status quo ante cannot be denied. If Mr Zardari ignores it, he will be providing Mr Sharif, no longer his ally, with a powerful weapon that can be used to threaten the survival of the government. But there are problems like the rising militancy and a failing economy that deserve a priority. How he goes about accomplishing these tasks will be interesting to watch, particularly in view of the challenges that may be posed by Mr Sharif's party. The former Prime Minister has the capacity to create a condition that may rock the PPP’s boat. Pakistan's budget for 2008-2009, as Daily Times points out, “pegs the growth rate to agriculture and indirectly relies on Punjab to produce the food that Pakistan will need for consumption and export. Without letting Mr Shahbaz Sharif (Mr Nawaz Sharif's younger brother) run the province efficiently in peace, this cannot be accomplished”. Patch-up bid with Sharif Despite the bitterness caused by the PML (N)’s withdrawal from the ruling coalition, there seems to be an attempt to reach an understanding between the PPP and Mr Sharif’s party about not allowing the two principal political parties of Pakistan to indulge in the kind of politics they played in the past. This requires much restraint on the part of their leaders. Perhaps, there is realisation that nothing should be done to force the army to intervene and prevent the growth of democracy. This can be seen in Mr Zardari's fresh invitation to Mr Sharif to rejoin the ruling coalition, and the PML (N) leader's polite expression of his inability to do so. After all, both have their own party interests to protect besides making Pakistan come out of the morass it has fallen in. The News commented that “The reports stating that Mr Zardari is already in dialogue with Mr Nawaz Sharif about the possibility of patching up over differences is encouraging (The two leaders met on Monday). For the present, Mr Sharif has offered 'positive' opposition; those close to Mr Zardari believe he may choose to continue to work for the restoration of a full-fledged coalition.” Interestingly, Mr Zardari has told his party leaders not to make attempts to dislodge the PML (N)-led government in Punjab. Perhaps, he wants people to forget his old image. A patch-up with Mr Sharif can help Mr Zardari considerably in achieving this objective. “While the past cannot be erased - NROs notwithstanding - what Mr Zardari needs to do is to dispel the impression that he is a political wheeler-dealer who is adept at making backroom deals but unable to rise to the requirements of statesmanship”, Dawn suggested in an editorial on Sunday. Economic
crisis Pakistan's economy is faced with, perhaps, the worst crisis in its history. It has all the negative fundamentals today. Political instability and the rising tide of terrorism have turned Pakistan into a highly risky place for investment. The stock markets are bearish. The number of the unemployed is multiplying fast. There is a sharp decline in foreign exchange reserves. People are experiencing a back-breaking price rise. Inflation is estimated to have increased to 31 per cent. According to Business Recorder, “In several cities/localities in Pakistan people have already come out on the streets, less than six months after the newly elected government was installed, in protest against loadshedding as well as the rise in the inflationary pressures….” The government's popularity is bound to erode further if the economy does not produce the desired results. The government is helpless so far as the externals factors are concerned, but it cannot afford to ignore the internal factors.
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