The Tribune, Chandigarh, India

Hardly a bonus
Punjab farmer hit by double whammy

The disappointment in the farming community over the Rs 50 per quintal bonus announced on paddy by the Cabinet Committee on Economic affairs (CCEA) of the Union Government on Thursday is palpable. The increase is too meagre to cover even the increase in input costs and is a cruel joke indeed on the farmers. Their organisations had been demanding an MSP of Rs 1,400 for paddy and had got only Rs 850 per quintal for common variety and Rs 880 for Grade A. Even after the announcement of the bonus, the price will only go up to Rs 900 — way too less than what the farmers had been clamouring for. Why, it is even less than the recommendation of the Commission for Agricultural Costs and Prices for an MSP of Rs 1,000 per quintal. The minor boost will not do much to increase procurement, in spite of the enthusiasm expressed by Minister for Science and Technology Kapil Sibbal in this regard.

To make matters worse, the bonus has been announced at a time when the farmers have already committed themselves to selling their produce to private traders. So, many may not be able to get even nominal help from the announcement. Only a handful of farmers who had been holding back their stocks in anticipation of the bonus are bound to benefit. The agrarian crisis with worldwide repercussions may affect the common farmer here also.

It has been a double whammy for farmers in Punjab and Haryana because their standing crop has been damaged by unseasonal hail and rainstorms. That may lead to a fall in the paddy arrivals further. The Union Government must review the situation sympathetically and ameliorate the lot of the farmers to the maximum extent possible. That is the only sensible way to avoid an ugly situation from developing.

Reservations and vacancies
Ruling brings cheer for non-quota students

The Supreme Court’s directive to the central educational institutions, including the IITs and the IIMs, to fill up all vacancies meant for the Other Backward Classes (OBCs) with the general category candidates is welcome. Following this judgement, general category students who missed admission to premier institutions by a whisker will get a fresh chance. The importance and the urgency of the order can be gauged by the fact that a five-judge Constitution Bench headed by Chief Justice K.G. Balakrishnan has fixed October 31 as the deadline for filling up of the vacancies. This is, in fact, a victory of sorts for the general category. Though they have been pleading with the government for filling the vacancies with general category strictly in order of merit, the Centre refused to entertain their just and fair appeal. Surprisingly, in the hearing before the Constitution Bench, the Centre submitted an astounding thesis that the OBC quota would go to the general category only after three years as the 27 per cent quota was staggered over a three-year period!

Justice Arijit Pasayat, one of the judges in the Bench, questioned the logic and rationale behind this proposal and told Solicitor-General G.E. Vahanvati that the very purpose of the apex court’s April 10 ruling will be defeated if reserved seats were kept vacant. He made it very clear that the Supreme Court does not want the vacant seats to lapse or carried over even to the next academic year, let alone three years, as suggested by the Centre. Justice Dalvir Bhandari, on the other hand, told Mr Vahanvati that there was no point in allowing the infrastructure and the faculty these institutions have created to go waste by keeping the seats vacant.

Significantly, the Bench has also ordered that the cut-off marks for the OBC candidates for admission cannot be beyond 10 per cent less than that of the general category. This is welcome because the Directors of the IITs and IIMs, under pressure from the Union HRD Ministry, had decided to further lower entry levels for the SCs, STs and OBCs, allowing a 50 per cent relaxation of scores from the present 40 per cent. Clearly, while appreciating the need for social justice, the apex court does not want these institutions to dilute merit like this.

Thought for the Day

The ancestor of every action is a thought. — Ralph Waldo Emerson

ARTICLE

Issues plaguing judiciary
Need for introspection
by Rajinder Sachar

A discussion is afoot about some important aspects of judiciary. One suggestion of having regional Supreme Court Benches with the main Bench at Delhi hearing only constitutional matters has been floating around for over quarter of a century. Though there has been some support from lawyers from some state headquarters, there has equally been differences in view not only on basic premises but also on the location of Regional Benches amongst various states (say whether Hyderabad or Chennai for southern region).

Also, there is a view that splitting the Supreme Court in regions will reduce the effectiveness of the court, there being three to five judges sitting in each state, and then also by rotation and the risk of too many variations in the enunciation of law by different Benches not having a common homogeneous atmosphere of mutual discussion.

The question of separation of constitutional matter from other appeals many a time is difficult to unravel. So, notwithstanding the tentative suggestion by the CJI the matter is rather complicated and needs more indepth study and discussion.

Frankly, I am against it. As far as I know there is no country in the world where the highest court is split up at various places. In the US, the Supreme Court, with even larger area than India has its place at Washington DC. Judges do not sit in circuits.

Regarding the increase in age of retirement of both High Court and Supreme Court judges there is almost unanimous agreement. A chairperson of a Administrative Tribunal (dealing with service matters) is a retired High Court judge and other service members — their retirement age is above 65. Ironically, the orders of service Tribunal are subject to the control of High Court.

A retired High Court Judge is appointed a Chairperson of State Consumer Commission — the other members may be non-judicial. Their retirement age is 67. Another anomaly. The Chairperson, and members of National and State Human Right Commissions also include judges of High Court. Their retirement ages are 70. Why has age then not been increased for Judges? Is it because in all other bodies, the members are from the cozy bureaucratic fold of administrative hierarchy and the favourites of political masters?

I see no justification to have retirement age difference of Judges of High Court and Supreme Court. The nature and stress of work is the same. Many a time that of a High Court judge is greater. He is answerable to the Supreme Court. The latter have only themselves to judge, apart from the legal fraternity and the public — the common denominator.

High Court Judge does not suddenly and automatically become more experienced and learned by appointment to the Supreme Court. The only difference is that though a Supreme Court judge is as fallible as High Court judge, but where he scores more is that he becomes infallible only because he is final authority, and not necessarily that in reality he is wiser than a High Court judge.

Differences in age of retirement makes, unfortunately, many High Court judges eager to be in good books of Supreme Court collegiums. That leads to the embarrassing spectacle of High Court judges sitting and waiting in the ante room of the collegiums and more embarrassingly in Law Ministers’ waiting room. I have no doubt that if the retiring age of Judges of High Court and Supreme Court was the same, a great many of the High Court judges will not even think of coming to the Supreme Court. After all who would want to leave the comfort of family and original place of residence and get caught in the anonymity and rough vortex of life in the city of Delhi which one retired Chief Justice of India described to me as a lifeless and soul less city (with due apologies to those who pride being called Delhiwallahs).

I feel, therefore, that the age of retirement of both the High Court and Supreme Court judges should be fixed at 70.

At the same time, the legislation on National Judicial Council and accountability of Judges must be brought on the statute book to keep balance of privilege and accountability intact.

There is another matter which is causing more and more pain to those who revere judiciary i.e. whether children of sitting judges of High Courts should be permitted to practice in the same court. Frankly, I have always resisted the idea in the confidence that judges and their children would themselves so act as not to occasion any scope for criticism. In the not too distant past, no one even raised the question. Judges’ integrity was taken for granted. Their wards equally understood the sensitivity of the situation. But then if morality is taking backseat in public life, how long could judiciary remain immune.

It is not that judges play any active part. But, unfortunately, the litigating public has become so cynical that it assumes that children lawyers of the Judges will be able to get them relief even in bad cases. I was told by a senior lawyer that his client for the last decade and whose cases fortunately he has always won told him apologetically while reiterating his confidence in him that as the rival party had engaged a lawyer son of sitting judge, he was also going to engage another sitting judge’s son (instead of him, apparently in an attempt to neutralise the rival party). Just think of the fall in the estimation of average litigant who seems convinced that efficiency and seniority of lawyers are not the criteria, but the closeness of relationship to the judge is the requirement.

Such assessment gets boosted when the young lawyers gives no thought as to how it will harm own family reputation and make it worse by charging exorbitant fee — even in excess of seniors’ fee.

This is a dilemma for those of us who are committed to the clean face of judiciary. I can only hope that judiciary itself will appreciate the delicacy of the situation and act in an appropriate manner if it wishes to avoid the indignation of the public and prevent the executive from stealthily interfering with the judicial independence. After all, this issue concerns small number and could and must be resolved within the judiciary, if the clamour of the Bar for mass scale transfers is to be avoided.

MIDDLE

Unexpected honours!
by Brig A.N. Suryanarayanan

On arrival at Agatti, in Nov 1992 to oversee the first Army Recruitment Rally in Lakshadweep, I was requested to stay in the aircraft, as a Police Guard was forming up! I pointed out that I was in civvies and was not entitled! ‘No sir, just two minutes’! I stood at attention on a sandy patch; the guard from inside a tin shed formed up and presented arms.

SP accompanied me in the helicopter to Kavaratti. I learnt that with zero crime rate in the Islands, SP is also the sports and youth affairs in charge! Most youth had never left the islands since birth and it was the first Rally to provide “employment”. So I was a VVIP and got the honours normally reserved for COAS/VCOAS! We recruited seven youth!

One evening I had high tea at the DC’s home; the young couple with a small baby had not heard of ‘Baby and Child Care’ by Benjamin Spock. I promised to send from mainland and I did!

Same year at Kozhikode, I was offered breakfast by the DC, who guided me around the new park designed by him. The secret was out shortly: knowing I was from Artillery, he was keen to get two unserviceable guns for display! I guided him as to whom to approach. I believe a gun exists there now!

On a private visit in own car with my daughters, I stayed at a defence laboratory guest house in Mysore. The caretaker asked for our programme and presented the Guest Book; soon he rushed to the other room! Evening when we came out of the suite, I saw armed police, with two jeeps including a Pilot! I ignored them and moved towards my car. An inspector rushed and said, they had been detailed to take us to Krishna Raja Sagar, where I was headed! My plea of non-entitlement didn’t work: with a siren, they took me right till the Musical Fountain! Just ahead of me, a big family was walking with a grey-haired gentleman leading, while we got dropped almost to our seats! As we sat down I introduced myself. I squirmed in shame when I heard he was a Judge from Allahabad High Court!

In May 1995, I had gone to Calcutta on holiday by train: airconditioner had not worked whole day; so I was in casuals with chappals! At Howrah, as I got down, I saw a band, liveried waiters and my host at the platform; I rushed back inside to change into better turnout in sweltering humidity, to “receive” the non-entitled honours!

Years earlier in 1983, while passing Bharatpur en route to Ratlam by train, when I looked out for a colleague who was to meet me, a liveried waiter entered my bogie with a hot case and cooler and asked for my name! It transpired my friend had been called away but had sent across some beer and dinner!

OPED

Controlling floods
Need for a comprehensive strategy
by J.L. Dalal

On the basis of rainfall and crops being grown, Haryana has four distinct agro-climatic zones. By and large, the highest rainfall per annum of about 40 inches falls only in the Shivalik range area, which too is largely irregular and erratic. Thus, the state’s agricultural economy is, to a great extent, dependent on the monsoon. Underground water is brackish in large parts of the state and is unfit for irrigation of crops.

Secondly, except the Yamuna, all other rivers are seasonal and their usefulness as a source of irrigation is limited. Hence, for intensive cultivation of crops, the scarcity of water for irrigation in Haryana is apt to be felt for a long time.

For proper utilisation of the available irrigation resources, especially rainwater, a pragmatic plan is necessary so that the hazards of frequent drought and floods are tackled properly. There should be a minimum use of land drains. Land holdings have become quite small and a large number of small farmers will be adversely affected if big areas are brought under the drainage system.

Focus on distributing and tapping of flood water which can be carried to distant areas through canals and drains. Only excessive rainwater be drained out in the Yamuna and stored for irrigation purposes in the lean periods. The drainage system should be so designed that except the big depressions or ‘dahars’, all cultivable areas must become free from stagnant water to facilities the sowing of rabi crops in time.

A separate scheme for the control and management of water of ‘dahars’ is needed to help farmers. Before the consolidation of landholdings, there used to be ‘gondas’ linking different villages and ‘gondies’ linking different areas in the same village. These were invariably deeper than the fields adjoining them and there were ‘johars’ or joharies’ dug on these paths. These were both drains and rainwater tanks. It was an efficient and purposeful drainage system. After consolidation of land, such low-lying areas have become non-existent.

The use of both sides (if possible) of canals, (big and small) distributaries and minors and metalled roads should be developed into drains with outlets. These may be connected with big depressions which too be developed to suit certain objectives. This accumulated water can be utilised locally by farmers for irrigation of crops, especially paddy.

Only excess flood water be allowed to be drained out in the Yamuna river. These canalside and roadside drains would be useful in accommodating shallow water from adjoining areas in October-November which is very critical for land preparation and facilitating rabi sowing in time.

Where the course of natural flow of water is long and zigzag, underground drains to link these areas might be a better solution. In Dabodha Kalan of Jhajjar district, water can be carried from dahar to mandhelas through underground drain while natural water route is several miles long. Alternatively, the dahar can be connected by a pucca link channel.

Big depressions or dahars might be acquired by the government and panchayat lands be allotted in lieu there of to the owners of these dahars. These might be suitably developed as storage tanks with embankments to serve useful purposes, especially accommodating additional drained off water from nearby villages.

As dharas would not come under cultivation in rabi, these should be continuously kept by drainage water from adjoining areas and used for irrigation wheat crop. The dahar between Sampla and Ismaila villages is suitable for this type of project.

The panchayat lands and unculturable wastelands can be utilised for development of numerous depressions in the villages which may be connected with a drain, if warranted. Except big and main drains which may be regularly dug and maintained, connecting drains or natural waterways may not be dug out but cleared of obstacles to facilitate carriage of water speedily during flood. At the time of drought or scarcity of rainfall, these lowlying areas can also be used for cultivation.

Emphasis must be laid on large-scale levelling. When this writer was the Director of Agriculture, on his suggestion, an acre of lowlying field was further deepened at the Alkalinity and Salinity Research Institute, Karnal. There, rainwater was stored and used for irrigating two to three acres of paddy and raising a bumper crop. Such demonstrations can be laid out near dahars of small farmers’ fields free of cost.

Similarly, paddy cultivation needs to be introduced near water depressions of dahars on the lands of small and marginal farmers. They may be given incentives like free seeds of high yielding varieties and fertiliser subsidy on weedicides and pesticides.

In low rainfall arid zone consisting of Mahendragarh, Bhiwani, Sirsa and Hisar districts, there are oasis-like big areas surrounded by sand. If floodwaters are diverted to such areas through canals and drains, floods in other districts can be checked. In these areas, both kharif and rabi crops require much less water as compared to paddy. Sugarcane and wheat can also be grown with diverted floodwaters only.

The present scheme of regulated release of flood water from Haryana to the river Yamuna through Delhi is serving little purpose. Diversion of this water independently through Haryana and bypassing Delhi areas needs to be given priority.

The writer is a former Director of Agriculture, Haryana

Pentagon rules for interrogation
by Julian E. Barnes

Further tightening rules meant to prevent the abuse of detainees, the Pentagon has issued a new policy directive requiring that interrogations of prisoners be monitored, even if questioning is carried out by another government agency.

Under previous rules, non-Pentagon interrogators were required to follow strict rules in the Army Field Manual when questioning prisoners at military facilities. But the new directive adds a requirement that those sessions be observed by military officials.

“If the monitored party does not adhere to DoD (Department of Defense) policies and procedures, the monitor shall immediately terminate the interrogation,” the directive says.

Under former Defense Secretary Donald H. Rumsfeld, Pentagon intelligence officials allowed prisoners under their control to be questioned by CIA interrogators and foreign officials without observing the sessions.

But James R. Clapper Jr., the intelligence undersecretary chosen in 2007 by Defense Secretary Robert M. Gates, has heeded calls by other Pentagon officials for extensive oversight.

The new policy establishes restrictions on the use of defense contractors in interrogations. It also requires that contractors follow the same rules and states that they could be prosecuted for harming detainees or improperly conducting interrogations.

The directive restates some prohibitions adopted earlier as the Pentagon moves to curtail detainee abuses. For instance, it explicitly prohibits the use of dogs in interrogations and bans techniques taught at the US military’s survival schools. The survival school techniques, based on Chinese torture methods, formed the basis for harsh interrogation practices used by the CIA.

Tom Malinowski, the Washington advocacy director of Human Rights Watch, said the new directive is useful, although the Army Field Manual and Detainee Treatment Act already prohibited the military from using those techniques.

A Pentagon spokesman said the new directive “reinforces the requirement for humane treatment.”

The bulk of the 21-page directive represents a “housekeeping” change, said Charles Stimson, a former Pentagon official and a Heritage Foundation scholar. Stimson said the new policy also lays out extensive rules for taping interrogation sessions, whether conducted by military or nonmilitary officials.

The new directive encourages but does not require all sessions to be taped. Stimson said that recording interrogations makes sense, but that “it remains to be seen” if more recordings are made as a result of the directive.

The directive also prohibits the destruction of any recording that “contains any credible evidence of a suspected or alleged violation.” The CIA acknowledged last year that it had destroyed tapes showing interrogations of terrorist suspects.

Stimson said he believed the new rules would go “a long way” toward preventing the Pentagon from improperly disposing of recordings it makes.

— By arrangement with LA Times-Washington Post

Obama’s image an asset
by David Usborne

Barak Obama Nearly a hundred had gathered in the Pickwick and Frolic, a basement bar in Cleveland, Ohio, when an electric storm began to scramble the satellite knocking them off the screen altogether.

The digital chaos removed Obama’s forehead and slipped it somewhere beneath his ample chin and the words coming from McCain started to somehow lose their natural flow and order. It was Joe Amschlinger, 30, one of the Republicans who made the unkind observation that the “digital break-up” on the television screens actually threatened to improve the delivery of his candidate. Like many of the Republicans in the bar and they were heavily outnumbered by Obama folk Mr Amschlinger was frustrated with McCain, and not for the first time.

Neither the repeated Joe the plumber references, designed to cast Obama as a maniac tax-hiker, nor McCain's attempts to play the victim in discussing which of the two campaigns had played the nastiest, had much impressed Mr Amschlinger, a federal government employee here.

“I don’t think he is doing good,” he observed about mid-way through the encounter. “He needed to come and fight more. I think he is relying too much on talking policy. He needed to notch it up from the last debates and so far he hasn't.”

Mr Amschlinger thinks the election is “Obama’s to lose” and confides that he was a Mitt Romney person before and would rather it was him on the screen.

He even expresses some admiration for the Democrat, noting that it is not everyone who can “defeat the Clinton machine”. Obama’s lack of experience may have turned out to be his best asset, he suggests. “The empty candidate is the perfect candidate because you don’t have any real record that you have to defend.”

Not that McCain did not garner some waves of applause. A few clapped heartily when the Arizona senator scolded his opponent for persistently likening him to George Bush. “If you wanted to run against President Bush, you should have run four years ago.”

That was near the start of the debate when, in truth, McCain seemed almost in his stride and threatening, for the first time, actually to get under the skin of cool-guy Obama.

There was not just clapping but loud cheering for Bob Schieffer, the moderator from CBS News, when he asked both men to explain just why exactly they had picked their respective running mates. Clearly, though, the Democrats liked this best, as it promised to bring Tina Fey into the mix.

They wanted to see McCain squirm a little. But it didn't happen. Obama passed up the opportunity to ask his opponent about the proximity of Russia to Sarah Palin’s cabbage patch in Wasilla, instead saying why Joe Biden had appealed to him. That, however, was precisely the Obama that Zakiyyah Saleem, 54, and Jala Khateeb, 22, community activists and fervent Democrats, had been hoping to see. “I think he responded to that so tastefully,” said Ms Saleem, with an Obama badge on her blouse.

Aqib Sakhia, 33, had complaints about Obama that mirrored those voiced by Republicans regarding McCain. He thought he could have returned fire more fiercely, especially when it came to Obama’s alleged links to former domestic terrorist Bill Ayers and to the leftist organisation, Acorn.

“I really wanted Obama to draw a stronger line with McCain on these things,” he said. Obama could have pointed out that McCain has spoken at an Acorn event in the past as well as at Liberty University, founded by Jerry Fallwell, the famously intolerant Christian fundamentalist preacher. “I think that Obama feels that he wants to elevate the level of discourse,” observed Mr Sakhia, who runs his own financial investment shop.

“Historically that kind of strategy hasn’t paid off for Democrats. It didn’t for John Kerry, but maybe this year things are different.”

Even when the TV screens have gone black, Anna Hennamann, 35, and Kevin O’Malley, 27, remained glued to their couch. They are in the smallest minority they are undecided. One thing that drives both of them nuts is the negative campaigning.

Exchanges between the two candidate on Ayers and on what camp has spent more on negative advertising are “a complete waste of time” says Mr O’Malley, who gives credit to Obama for at least saying more or less the same thing. Wait. McCain is back on the screen and is delivering his closing statement.

O’Malley and Hennamann are tuned back in also. The rest of the room, not so much. They know how their man has done. And, here at least, Obama has carried the night.

— By arrangement with The Independent