The Tribune, Chandigarh, India

	Caste in census Time-limit for reservations imperative NOW that the Group of Ministers has cleared the decks for caste-based census from this December, the Union Cabinet’s green signal to the decision will only be a formality. The decision as such does not come as a surprise because the ruling Congress, despite sharp divisions over the issue in both the Union Cabinet and Parliament, has been in favour of it for obvious reasons. Apparently, the UPA government has struck a deal with the Samajwadi Party, the Janata Dal (United) and the Rashtriya Janata Dal — the three parties that have been spearheading the movement for caste-based census. It is surmised that the Centre has accepted their demand in exchange for their support to the Indo-US Nuclear Liability Bill which will be tabled in Parliament shortly. The much-talked about deal apart, the Congress’ own political compulsions weighed heavily in favour of a caste-based census. What clinched the issue finally is the realisation in the Congress that it lost ground heavily in the North in the wake of the Mandal Commission report on OBC reservations and its resolve to prevent its repeat as backward classes are significant electorally. The last caste census was carried out as far back as 1931. In June, the government had decided to set up a GoM on the issue after consensus eluded the ministers at the Union Cabinet’s two meetings. There were arguments for and against caste census. Whatever be the GoM’s decision, there is no harm in taking a fresh count of all castes. Right now, we don’t have reliable data on various castes. In 1956, the Kelkar Commission had reported 2,200 castes, the Mandal Commission recorded 3,300 castes and the National Commission of Backward Classes recently registered 5,700 castes. As the Central and state lists of castes differ, the 2010 figures will be of great help to planners and policymakers only if these are used clinically and dispassionately for socio-economic development. But this is easier said than done because political parties are more interested in vote bank politics than in development. There are reasonable apprehensions that there will be a clamour for expanding the scope of caste-based reservations once the new figures are available. The only solution to this problem is for the Centre to fix a time-limit for ending reservations of all kinds.
	Probing war against LTTE A govt-appointed panel can’t do justice THE Lesson Learnt and Reconciliation Commission of Sri Lanka has started public hearings to find out if any excesses were committed during the military drive against the Liberation Tigers of Tamil Eelam (LTTE), the terrorist outfit that has been destroyed. But can it serve the purpose? Will its findings carry any meaning, as it is a government-appointed commission? Ideally, the task of finding out excesses against civilians or human rights violations during the war between Sri Lanka’s armed forces and the LTTE should have been given to a UN-instituted body. But this does not suit the government in Colombo, as Sri Lankan President Mahinda Rajapaksa says that going in for such an investigation will amount to allowing interference in the country’s internal affairs. Obviously, he does not want his government to reveal all that it did for defeating the most ruthless terrorist organisation of our times. The commission, that has to submit its report within six months after its appointment on May 15 this year, after going into the happenings between February 21, 2002, and May 19, 2009, is aimed at ensuring that the situation that existed till the virtual decimation of the LTTE should not be there again. The annihilation of a deadly terrorist organisation is a commendable accomplishment of the Sri Lankan government. The country’s armed forces had to pay heavily for their achievement. But all this will lose meaning if it is discovered that internationally accepted norms were violated. This truth will never come out unless an independent probe is held. The 57 US lawmakers who have called for an independent international enquiry into what they describe as “war crimes” in Sri Lanka are right when they say that an independent probe is essential for having durable peace in the island-nation. Of course, UN-appointed enquiry commissions have also been accused of not doing their job without favouring anyone as it happened in the case of a probe into human rights violations in the Lebanon war. But the situation in Sri Lanka is such that justice is not possible unless the present commission is replaced or followed by a UN-sponsored probe panel soon.
	Thought for the Day How many things by season seasoned are/ To their right praise and true perfection! — William Shakespeare
	Corrections and clarifications In the break quote with the report “Religious encroachments in Patiala to be removed,” (The Tribune, August 11, Page 3) it is mentioned, “institutions that have came up” instead of come up. On the same page in the report “Helpline to curb ragging,” (The Tribune, August 11, Page 3) it is mentioned “administration authorities,” which should have been administrative authorities. The headline, “Two youths arrested for snatchings,” (Chandigarh Tribune, August 7, Page 8) is wrong. It is incidents of snatching that they were arrested for. The report “Indian-American CEO gets 20-month jail,” (The Tribune, August 11, Page 15) has been repeated on Page 16. Despite our earnest endeavour to keep The Tribune error-free, some errors do creep in at times. We are always eager to correct them. This column appears twice a week — every Tuesday and Friday. We request our readers to write or e-mail to us whenever they find any error. Readers in such cases can write to Mr Kamlendra Kanwar, Senior Associate Editor, The Tribune, Chandigarh, with the word “Corrections” on the envelope. His e-mail ID is kanwar@tribunemail.com. Raj Chengappa Editor-in-Chief

ARTICLE

Lokpal Bill must be passed
The debate on PM’s position can go on
by Justice Rajindar Sachar (retd)

THE controversy following the resignation of Justice Santosh Hegde, the Lok Ayukta of Karnataka, and the subsequent amends purported to have been made by the Karnataka government have again highlighted the failure of Lokpal legislative history at the Centre and the passivity and reluctance of all the political parties to pass this legislation. It is most urgently desired if the attempt to control the rapid drift downward to political corruption, eating into the vitals of our nation, is to be stemmed.

The Gujral government’s unsuccessful attempt to pass the Lokpal Bill in 1996 after five attempts since 1968 had been frustrated. It was again introduced by the Vajpayee government in 1998 and 2001, but, as expected, was talked out.

When the UPA government came to power at the Centre, Prime Minister Manmohan Singh had in September 2004 commendably stated that the “UPA government would lose no time to enact the Lokpal Bill and that the need for it is more urgent than ever.” That it could not be passed was because of concerted opposition by a small clique within the UPA and also helped by quite a few in the Opposition by the not-so-clear move to start a controversy by seeking to include judges in the Lokpal Bill (which constitutionally was impermissible). That promise has still not been redeemed.

A routine exercise is done by Parliament to appoint a select committee to go into the Bill and this process goes on endlessly with predictable inaction till Parliament’s life comes to an end.

The Gandhian brigade consisting of respected Gandhians in their eighties and nineties has been in long communication with the Prime Minister’s Office about the desirability of passing the Bill. Many of then regularly observe one day’s fast — of course, for the media of soccer-hype mentality, it is no news. Law Minister Veerappa Moily on paper shows deep concern and has been promising legislation soon. But it is still not on Parliament’s agenda.

A facile excuse for not passing the Bill is deviously put forward by the legislators that there is a strong opinion both among legislators and outside Parliament that the Prime Minister should not be included in the purview of the Lokpal Bill. This is totally unconvincing because there have been detailed discussions in this aspect since 1996. Atal Bihari Vajpayee and Dr Manmohan Singh have openly said that the Prime Minister should be included in the Lokpal Bill. So, who are these worthies who are taking up the cudgels on the Prime Minister’s behalf? It is no mystery — these are about 70 tainted members in the present Parliament. Naturally, the public is skeptical.

Even though I do not find any understandable reason for excluding the Prime Minister, still the Lokpal Bill could have been introduced by excluding the Prime Minister from its purview, so that the legislation could come into existence. The debate on the propriety of inclusion or exclusion of the Prime Minister could continue and if approved the Prime Minister’s position could be included later on. But why should the enactment of Lokpal legislation be delayed?

It is no secret that the reason for this apathy is the unwillingness of legislators to face scrutiny by the Lokpal. This is brought into sharp focus in the aftermath of Justice Hegde’s resignation story. Whereas the Congress rightly lambastes the shabby treatment given to the Lok Ayukta by the Karnataka government, without batting an eyelid it still supports the state government’s disgraceful stand of keeping high officials and legislators away from the jurisdiction of the Lok Ayukta — on the specious plea that legislators should not be under the Lok Ayukta. No wonder, the members of Parliament will not pass the Lokpal Bill lest they are put under the watchful eyes of the Lokpal. Does hypocrisy in politics have no limits? Is the fear of public wrath even during election times looked upon with contempt by political parties?

The argument that legislators cannot be put under the cover of a single person, even though he may be a retired judge of the Supreme Court is ridiculous. Legislators forget the basic philosophy of republicanism running through our Constitution, namely “Be you ever so high — the law is above you”.

Hypocrisy is further heightened when Parliament spends extra time to pass the National Judicial Bill to enquire into the misconduct of judges. No, I am not objecting to it — rather I welcome it. Because I firmly believe that it is only the incorruptible judiciary that can maintain the democratic structure. I am all for Parliament to pass even in the next session the Judicial Accountability Bill. But legislators need to remember that unless the other wings of the State — the executive and the legislature — are equally free from the taint of corruption, society will remain infected and ill.

As JP, the socialist leader, sorrowfully put it, “I know politics is not for saints. But politics, at least in a democratic set-up, must know the limits which it may not cross. Otherwise, if there is dishonesty and corruption there can be no government, no public order, no justice, no freedom, no national unity — in short, no nation.”

The pain felt by Somnath Chatterjee, the former Lok Sabha Speaker, can be seen in what he said, “Large sections of the people are greatly worried about the nexus between crime and politics as well as administration in the country. I am saddened to observe that politics in the country has to a large extent become criminalised and crime has become politicised.”

So, let the members of Parliament not hide their real motive for opposition under the hypocritical concern for the Prime Minister’s status by stalling the passing of the Lokpal Bill.

Let the Lokpal Bill be passed by even excluding the Prime Minister. This will somewhat satisfy the people at large that the government is serious about meeting the menace of corruption in public life. The question of inclusion of the Prime Minister can be deferred and can be debated independently and decision taken subsequently.

The writer is a former Chief Justice of the High Court of Delhi

MIDDLE

The real rulers
by J.L. Gupta

SUDHIR is a flourishing lawyer and also a landlord. And not tight fisted. Likes creature comforts. So, it was no surprise that he bought the latest model of the beauty on the road – the Mercedes.

A young man had an eye on the car. With one swish of hand, he managed to remove the side- view mirror. Luckily, a boy working in the office saw him. He ran. Caught the erring young man. Red handed. And true to his salt, Sudhir felt that law must have its course.

So, the party landed at the police station. The sight was strange. The pot bellied and half clad Daroga Ji was relaxing. Revealing so much that needed to be covered so badly. The constable was constantly trying to please the boss. And every sentence was punctuated with unspeakable ones.

Sudhir introduced himself. Narrated the facts. The Daroga Ji seemed in no mood to stir or spoil his copybook. He just told Sudhir –“It is alright. You give it in writing.” Sudhir looked for a paper. He was told to get it from the market. Finally, when the complaint was duly written, he was asked to wait for ‘Sahib,’ the Station House Officer who was busy chatting with a colleague.

After having waited for over an hour, Sudhir was ushered into the room. The big boss condescendingly looked at the paper. Then he asked for the mirror. Had a good look at it. “Worth how much?” A few thousand rupees. “This piece of glass?” Yes! “Then, what would be the price of the car?” Hearing the answer, he exchanged a meaningful glance with his colleague. His mouth was already watering.

After a pause, the officer said, “Vakil Sahib! You will have to leave this piece of glass with us.” While Sudhir was trying to explain that it should not be necessary to do so, the other officer interjected to say –“Sir! You might even need the car. The investigation would involve establishing the ownership of the vehicle and also the missing mirror.”

The suggestion apparently appealed to the boss. With a glint in his eye, he readily asked Sudhir to send the car to the police station.

Despite his long experience at the Bar and close association with a number of senior police officers whose cause he had been pleading before different courts, Sudhir had not foreseen this course of law. The reality was now before him. He realised the imminent need to recover the precious ‘piece of glass’ from the playful hands of the ‘Sahib.’

And as the officer placed the ‘mirror’ on the table to pick up the third bottle of coke, Sudhir retrieved his precious possession. Thanked the officer and left with a promise to return with the car and the complaint.

Was he disillusioned with the course of law? No! Now, he knows the real rulers!

OPED

Full text of PM’s address
Give peace a chance in J&K
Sustained dialogue alone can address alienation and emotional needs of the people, said the Prime Minister in his opening remarks at the All Party meeting in New Delhi

I welcome you today with grief in my heart, but hope in my mind. I grieve for all those who have lost their near and dear ones in Kashmir and in the Ladakh region. I propose that we rise to observe a minute's silence to pray for the departed.

The Government of India will continue to provide relief and other assistance and help the State Government in providing rehabilitation for all those affected by the unfortunate natural disaster in Ladakh. The whole country is with the people of J&K in their hour of sorrow.

The events in Kashmir over the past few weeks have caused me great pain. I share the grief, the sorrow and the sense of loss of every mother, every father, every family and every child in Kashmir.

I can feel the pain and understand the anger and frustration that is bringing young people out on to the streets of Kashmir. Many of them have seen nothing but violence and conflict in their lives and have been scarred by suffering.

Today I wish to share with you my sense of hope for the people of Jammu and Kashmir that I have long nurtured.

The State is only now emerging from the shadow of more than two decades of a deadly insurgency, which brought only death and devastation to the beautiful State. These were two lost decades in the history of Jammu & Kashmir's development.

Let us make a new beginning. I appeal to the youth to go back to their schools and colleges and allow classes to resume. I ask their parents: what future is there for Kashmir if your children are not educated?

I am convinced that the only way forward in Jammu and Kashmir is along the path of dialogue and reconciliation.

Our Government, more than any other government in the past, has invested heavily in the peace process in Kashmir. The brave rejection of militancy by the people opened the door for us to pursue an unprecedented and intensive internal and external dialogue on the issues that have bedeviled Jammu and Kashmir for six decades.

With Pakistan we took a number of bold and indeed historic decisions. A bus service was started. We facilitated trade across the LOC. We facilitated arrangements for divided families to meet. We changed the policy on allowing people representing different shades of opinion to visit Pakistan because we wanted to involve all sections of the people in the peace process.

We set up a number of round-tables and then working groups in which many of you participated actively. Recognising the diversity of the State, we tried to address the problems of the Kashmir valley, Jammu and Ladakh in a comprehensive manner. We committed unprecedented financial resources for the State's economic reconstruction.

I repeat all this to remind you of the many positive things that have happened as a result of the peace process and the sincere efforts we have made to bring about a durable peace in Jammu & Kashmir.

Nothing will give me greater satisfaction than to see a permanent and just settlement of all outstanding issues that protects the honour and self-respect of all sections of the people of the State.

But even with the best of these intentions, I cannot say that a complex problem that has defied resolution for 63 years can be solved easily or quickly. We need patience, wisdom and a spirit of conciliation to guide us through ups and downs in the process.

I urge the people of Jammu and Kashmir to give peace a chance. There is a lot of hard work that needs to be done to rebuild the State and its institutions. We must promote economic activity and create opportunities for employment. We must build physical and human resource infrastructure.

But I recognize that the key to the problem is a political solution that addresses the alienation and emotional needs of the people. This can only be achieved through a sustained internal and external dialogue. We are ready for this. We are willing to discuss all issues within the bounds of our democratic processes and framework.

But this process can gather momentum and yield results only if there is a prolonged peace.

I believe that the vast majority of the people want a peaceful resolution of all issues. Let us recognize that repeated agitations whether violent or otherwise only obstruct this process.

The cycle of violence must now come to an end. We must collectively ensure that no innocent life is lost again. It is, of course, the bounden duty of the Government to maintain law and order. We cannot allow the turmoil to continue.

We understand the prevailing public sentiment on the issue of the Armed Forces Special Powers Act. Eventually the J&K Police has to take on the burden of normal law and order duties. They do not require special powers to discharge their functions. We will help to accelerate the process of strengthening and expanding the J&K Police so that they can function independently and effectively within the shortest possible time.

The J&K Police and other security forces are performing an extremely challenging task in difficult circumstances. Many of them have been seriously injured during the past few weeks.

There are elements that are trying to weaken the resolve of the J&K Police and trying to undermine their lawful efforts. I urge the State Government to take effective action to protect its policemen and their families. We should not do anything to demoralize the security forces.

The State Government and the Chief Minister are making efforts to renew contact with the people. The Central Government is fully supportive of these efforts, which should be intensified. I believe that all of you have the solemn duty of reaching out to the people and reinvigorating peaceful political activity on the ground, which is lacking today. The youth wings of your parties should be activated. In a democracy leaders have to listen to the voice of the people and gain their trust and confidence.

I believe that local body elections should be held early to increase peoples' participation in democratic governance and to ensure political empowerment at the grassroots level.

I would urge you to build a consensus on a practical and realizable vision of Jammu and Kashmir's future. And the people have to be convinced that this future has to be grounded in political and economic realities of our time.

Recently, young MPs from all political parties made an appeal to their brothers and sisters in J&K to exercise restraint and have trust in the power of dialogue. I fully endorse their call.

Every possible effort should be made to reach out to the youth in Jammu and Kashmir. We must respond in a sincere and substantive manner to their genuine aspirations for freedom from fear and for freedom to build for themselves a life of dignity, security and well- being.

I assure the youth of Jammu and Kashmir that their genuine empowerment will be accorded the highest priority in our Jammu and Kashmir policy.

I recognise that the benefits of the large economic reconstruction package for J&K have not been fully felt on the ground. We will quicken the pace of its implementation in cooperation with the State Government.

Based on the experience gained, I am proposing to set up an Expert Group headed by Dr. C. Rangarajan with Shri N.R. Narayana Murthy, Shri Tarun Das, Shri P. Nanda Kumar, Shri Shaqueel Qalander and an official representative of the J&K Government as members to formulate a Jobs Plan for the State, involving both the public and the private sectors. To increase employability in the State the Group will interact with the National Skill Development Mission and submit its report within three months.

But to show results of such efforts on the ground, you will have to engage actively with the youth and give them the sense of purpose, hope and direction they need to make use of the many opportunities that our economy provides.

I am optimistic about the future of Jammu and Kashmir. India's democracy has shown that it has the resilience to accommodate a diversity of aspirations and unique circumstances and the capacity to solve complex problems.

If all sides show wisdom and restraint, I believe that we can put the bitterness and pain of the recent past behind us and breathe new life in to the peace process. I urge you to carry back with you a message of peace and reconciliation, a message of our serious will and intent to solve all problems through dialogue and a message of deep empathy for the youth of Jammu and Kashmir."