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Say ‘no’ to Maoists
Closer ties with S. Korea |
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New land policy
The unrest in Kashmir
Self-employed
Safety concerns vs privacy issues
BlackBerry blues
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Say ‘no’ to Maoists
The
killing of an unarmed and helpless hostage by the Maoists in Bihar, by no means the first such dastardly murder committed by the rebels, should spur the formulation of a clear policy to deal with all such situations in future. No government can afford to be blackmailed and the Bihar government would do well to resist the temptation to negotiate with the murderers. The government assessed correctly that it would be suicidal to succumb to Maoist pressure and it would set a bad precedent if the rebels’ conditions were met. While the Maoists claimed to have carried out the operation in retaliation to the alleged fake encounter in Andhra Pradesh in which one of their top-ranking leaders , Azad, was killed, under no circumstances can the cold-blooded killing of the Assistant Sub Inspector, ironically a tribal, by them be justified. Any act of capitulation by the government can only make matters worse with Maoists and terrorists getting further emboldened to repeat the act. Targeting unarmed employees and taking them hostage would be easy for these armed gangs on the prowl and that is why the response of the state must be both forceful and unambiguous. The government needs to make it clear, once and for all, that there will be no dialogue or negotiation under duress. An unequivocal policy declaration needs to be made, and if necessary a law requires to be enacted, to deter all future governments, which find themselves in similar situations, from playing ball with criminal elements. There are of course two glaring cases when the Government of India gave in to pressure and exchanged prisoners for hostages. First, when the then Union Home Minister’s daughter was abducted in Jammu & Kashmir and again when terrorists managed to hijack an Indian Airlines plane to Kandahar. The two instances were cited by Swami Agnivesh, one of the mediators between Maoists and the government, to argue that the Bihar Chief Minister too should open a dialogue and secure the release of the hostages by freeing the eight prisoners as demanded by the underground group. But the burden of those two occasions cannot, and should not, determine the course of action in all such situations. The hostage crisis has also exposed chinks in policing that the state government must plug even as it acts firmly and pursues the murderers and brings them to book.
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Closer ties with S. Korea
The
signing of two landmark defence deals between India and South Korea in Seoul on Friday marks the fruition of New Delhi’s efforts to enhance the level of relations with South-East and North Asian countries. India needs to learn a lot from South Korea in improving the efficiency of its armed forces in view of the changing Asian scenario with China emerging fast as a major global power. The first deal relates to joint exercises by the armed forces of the two countries and exchange of visits by their defence personnel. The second deal involves joint production of high-technology items required by our defence forces. South Korea can provide cutting-edge technologies to India and that too at a price much lower than that demanded by other countries. India intensified its efforts to upgrade its relations with South Korea, an economic power-house, by inviting its President, Mr Lee Myung-bak, as the chief guest for this year’s Republic Day celebrations. Seoul has also been showing its desire to develop a closer relationship with New Delhi for some time. South Korea, a member of the Nuclear Suppliers Group (NSG), supported India in getting a waiver from the NSG during the process of clinching the Indo-US nuclear deal. Now South Korea wants to enter into a nuclear deal with India as it intends to supply not only nuclear reactors to India but also the latest nuclear technology of dual use. This suits both countries. While a nuclear deal with Seoul will help New Delhi in increasing nuclear energy production, it will enable South Korean companies in nuclear trade to find business in India’s emerging nuclear industry. Besides all this, closer relations with South Korea will strengthen India’s efforts to meet the challenge posed by the rising economic and military profile of China. In view of the emerging reality in the region, India has to lay greater stress on forging meaningful ties with other countries in South-East Asia and North Asia. We need a more focused approach for upgrading our relations with Asian nations.
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New land policy
The
UP farmers’ agitation has at least achieved one major gain for the state landowners: It has forced the government to formulate a progressive land acquisition policy modelled largely on the Haryana pattern. A key feature of the policy is that the government will not forcibly take over any piece of land. This means the proposed townships along the Yamuna Expressway, including the one at Tappal in Aligarh district which had set off an agitation, might not materialise if the protesting farmers fail to reach a settlement. The farmers of the Tappal area are protesting to demand land compensation equivalent to what was given in Noida. The agitation got politicised as opposition parties rallied behind the farmers to extract political mileage. In a clever move, however, the Mayawati government has threatened to drop the townships if the farmers do not want to part with their land. This may force the farmers to either accept the terms as laid down under the new policy, which are quite reasonable, or keep their land. In one stroke the Mayawati government has deflated the opposition attempts to fish in troubled waters. It is not clear whether the new guidelines would apply to farmers whose land has already been acquired. Anyway, the Aligarh farmers’ agitation is set to lose steam. Many development projects in the country, including special economic zones, have got stuck in the absence of acceptable land policy at the national and state levels. Haryana’s land acquisition policy, which has been widely acclaimed, offers a lump-sum payment at the market rate, 33-year annuity, inflation-linked annual hikes, plots in case of a real estate project, jobs in case an industrial project comes up on the acquired land and skill development opportunities for eligible members of displaced families. The UP government has followed the Haryana policy with some modifications. The new policy is likely to help Ms Mayawati do damage control.
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Indeed the tears live in an onion that should water this sorrow. — William Shakespeare
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The unrest in Kashmir
The
reaction to the Prime Minister’s recent statement on the question of autonomy for Jammu and Kashmir has been on the expected lines — cynics say it is not enough but do not conveniently spell out the details. Concerned with human rights violations in Jammu and Kashmir, teams of the People’s Union for Civil Liberties, including this writer, have been visiting J & K since 1990 and giving reports critical of the government. I again went in 1993. It was a sad experience, and on my return I said publicly, “I do not know how and in what manner the Kashmir question will be solved with its nuances of ‘azadi’, plebiscite and greater autonomy. But one thing is certain — India will remain a loser unless the face that it presents to the people of the Kashmir valley is humane, compassionate and understanding. At present, that face is ugly and insensitive”. One never thought it could ever become worse. But unfortunately it has. Even in common idiom, “if you hit me with stones, I will return it with bricks”. But the security forces have turned this on head by returning with bullets. There are limits which no civilised government can cross; unfortunately, the J and K and Central governments let the security forces do that. The killing of three security guards at Sopore shows a dangerous situation. It is a sad reflection on the working of the political parties in J & K that they refuse to sit together to find an acceptable solution, notwithstanding that all of them have been part of the government of J & K at some point of time. But equally the strategy of the Central government is fudgy. Home Minister P. Chidambaram comes out with what he thought was a brilliant coup by agreeing to hold talks, and especially mentions hardliner Hurriyat leader Syed Ali Shah Geelani as the pivotal point. Those who advised him seem to be totally impervious to the openly reiterated position of Mr Geelani (that he is asking for plebiscite in the hope that J & K will opt for Pakistan). It has to be recognised that youths throwing stones are expressing their sickness with all the parties in the valley and demand a permanent answer to the future of Kashmir. The Prime Minister’s statement on autonomy has given an opening. But it must be appreciated that this step would necessarily involve all political parties of India and including those of J & K. This requires immediate release of Yasin Malik and Shabir Shah, and no restrictions on Maulvi Omar Farooque and even Mr Geelani (under house arrest). All these leaders must be asked to come out clean with their concrete solutions instead of taking cover of asking India to sort out the Kashmir question with Pakistan. No doubt, the Indian and Pakistan governments will have to continue talks to arrive at a mutual agreement, but prior to that if the government and parties in India arrive at an agreed solution, it is only then that a permanent solution can be worked out. The puerile argument of the Mirwaiz and Mr Geelani that a solution must be found for the “whole of J & K, which existed before 1947 as one unit, with the option to join Pakistan” is a non-starter. In that context it is well to repeat the opinion of Jurist Alstair Lamb (obtained by Pakistan) that “it can fairly be said that in deciding to accede to India, the Maharaja of Kashmir was well within his rights according to the 1947 Act which had nothing to say about communal issues in this respect”. Will these gentlemen now ask Pakistan to vacate the portion of J & K under its occupation? And when they talk of the whole of Kashmir, will they also spell out what their plans are to retrieve thousands of square miles in Aksai Chin (J & K) having been permanently ceded to China by Pakistan. And while at this they may also explain to their constituents as to how to undo the Baltistan-Gilgit package (area of J & K in Pakistan), which has now, by legislation, been incorporated in its territory. So, who is befooling whom with the so-called nostalgic mention of J & K being continued as a practical solution. One cannot believe that Pakistan or leaders like Mr Geelani are so ill advised as not to recognise that the part of J & K on the Indian side is sacrosanct and non-negotiable. Nor can one believe that all the parties in India can be so dense as not to accept the ground reality that considering the price that J&K has paid in terms of human misery during these two decades of militancy and alienation, now it would be illogical for the Indian leadership to hope that talks can take place within the parameters of the normal Centre-State relations. In order to give such reassurance, the Central goverment should concede that apart from the subjects acceded to in 1947 — namely defence, foreign affairs, communications and currency to the Central government — the rest of the subjects will vest in the J&K government. To further reassure the people of J&K, the Central government should agree unilaterally to withdraw all Central laws which have been extended to J&K. It will then be up to the J&K legislature to pass new laws or apply those laws with suitable modifications as it feels necessary. Some well-meaning people react adversely to this suggestion on the ground that this would be creating a special category unlike the other parts of the states. But why should it surprise anyone because J&K is a special case and is so recognised in our Constitution by Article 370. This suggestion of mine is only putting life into the original content of Article 370. But that does not mean watertight separation of the two parts of J & K. In fact, all efforts have to be made to continue the underlying oneness of the state. Thus, so far as the borders between the two parts of J&K are concerned, they can be made as porous and as free as between the US and Canada or even like that at present existing in the European Union. People belonging to each side should have no problem not only in travelling, but even in having trade with each other freely. Of course, ordering a judicial enquiry into all the killings is needed immediately. As an immediate gesture, the Armed Forces Special Powers Act must be withdrawn straightway. An appropriate force can be used if necessary — of course, subject to judicial scrutiny. So, why should we keep this legislation alive when it is admittedly an impediment in peace returning to the valley? I feel a high-powered all-party delegation of members of Parliament should immediately go to Srinagar and express their regret to the members of the families of those who died or were injured in the recent incidents. They should also meet members of the youth community. This will give assurance to the public that the rest of India cares for its compatriots in Jammu and Kashmir.n The writer is a retired Chief Justice of the High Court of Delhi.
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Self-employed I
was at the College of Combat, Mhow, when the India-China war of 1962 started. The course was terminated and all were instructed to forthwith rejoin their units. Army Headquarters required me to stay put at Mhow and await my posting order. Two days later my posting order to J and K was received which required of me to immediately join duty. I had taken my car to Mhow and had to drive back to Punjab, leave the car there and proceed to J and K. Since I did not have much time I decided to drive non-stop from Mhow to Delhi. This involved driving through the Chambal ravines: better known for its dacoits. In early sixties, taking this journey alone was not without great risk. Disregarding the perils of this journey, I drove on non-stop. It was around midnight that on approaching a defile I found the road blocked by a felled tree. I realised that I had run into an ambush. As I stopped near the felled tree, a number of men with guns and bandoliers strung across their chests appeared. I was told to come out of the car, which I dutifully did. They searched me for cash and removed my watch and wallet. Then they got down to searching my baggage and the car. While they were busy rifling through my baggage, someone announced that Sardar had come. Every one pulled back a little and there appeared a sturdy young man. As he drew near, he suddenly sprung to attention and gave me a smart salute and said: “Sahib Ji, tussee ethay ki kar rahey ho?”(Sir, what are you doing here?) I recognised him. He was my tank gunner and had been discharged after his seven-year tenure of engagement. Those days soldiers were discharged after seven years and given no pension. I responded to his query and asked him: “Nahar Singh, toon aye ki kam pharya hai?” (Nahar Singh what is this work you have taken on?). He said, “Sahib Ji, admi nu kush na kush taan karna chahida hai, vehle baith kay vi ki kara hai?” (Sir, one must do some or the other work. There is no point sitting idle!). Then he addressed his gang and said. “Dekheya sadhi regiment de officer kiney dalair hun, ekelay he rat nu is sarak tay chal rahey hun.”(do you see how brave are the officers of our regiment. They move alone at night on this road). This bit was perhaps to establish his own pedigree before his gang! He told his men not to just stand watching but make tea for the sahib. All my stuff was put back in the car, my watch and wallet returned. After a cup of tea and much bonhomie and hand shaking I took leave of Nahar Singh and his
gang.
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Safety concerns vs privacy issues The genesis of the present showdown goes back to the horrific Mumbai terrorist attacks of November 26, 2008, in which cell phones, satellite phones and other electronic devices were used by the terrorists and their handlers. The government then decided to act in a decisive manner such that it would have access to all forms of electronic data that goes out of India. Unlike other service providers like Google Inc, Nokia and Microsoft Corp, BlackBerry uses its own servers and security software, as well as centralised data centres for its customers. It thus became the primary target of security forces, even though none of the terrorists had actually used a BlackBerry device. Other service providers use encryption software made by specialised companies like Symantec Corp and McAfee Inc, more familiar to Indian users as the main providers of anti-virus software. On the other hand, the government maintains that it must have the ability to monitor the data sent across the servers because of national security concerns and to prevent criminals from using BlackBerry phones to transact business. One way out is that BlackBerry could install an “eavesdropping box” on each BSE, and give the agencies access to that box. By far, India is not the only country that has issues regarding BlackBerry. France, Saudi Arabia, the United Arab Emirates, Lebanon, Kuwait are among the nations that had had security concerns regarding BlackBerry services. The government has also asked other service providers to install servers in India. Nokia has announced that it will do so soon, and now the Gmail and Skype are also being specifically targeted. Once the servers are in India, their operators have to comply with Indian laws, and thus cooperation will become more proactive. While the security concerns have been addressed, the larger question of providing privacy to the users remains. Indian citizens are well within their right to demand that a proper, transparent and effective system be set up to ensure that the security agencies do not misuse the access granted to them. The Intelligence Bureau and the National Technical Research Organisation are the two organisations that will primarily deal with electronic surveillance. They will thus be empowered tremendously. With power comes responsibility. The government should have transparent and universal norms, proper procedures and oversight to prevent abuse of power that such access would give. A system of adequate judicial supervision should be chalked out to ensure that only those specific phones or e-mail IDs are tapped which are justified and necessary. Sometime ago, illegal tapping of mobile phones was exposed by the media. It raised a storm, even in Parliament, but there is no information on what is being done to prevent such incidents in future. The government must ensure accountability among the security agencies. Individual privacy should be inviolable, unless it is breached for specific legal reasons. Data integrity is crucial to all kinds of transactions, including business transactions which have made BlackBerry phones a preferred choice of the corporate world. The independent BEE servers provided a lifeline to the survivors of the 9/11 New York tragedy, and it became the only network that continued to work even in that trying time. But then, as BlackBerry, Google and Skype must also realise, while at one level, the world is increasingly borderless, at another, it is not so —all have to conform to the law of the nations they operate in. They must demonstrate their commitment to the security concerns of these nations and work out ways in which they can continue to provide the best service possible to law-abiding users there.
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BlackBerry blues Come
September and our favourite BlackBerry would have been reduced to just another mobile, sans its two features of the BlackBerry Messenger Service and BlackBerry Enterprise mail. This crackdown on the BlackBerry services by the government came in the wake of the ever-looming threat of terrorism. The main issue that RIM seems to be facing in complying with the Indian government’s request is that it maintains that it does not have a master key for decoding the encrypted information. Do the RIM have a backdoor to access their encrypting system? Ethically no company would do such a thing as to make a loophole in its own system as it would make it very vulnerable to hackers. India has more than a million BlackBerry users and the number is ever increasing. RIM cannot afford to ignore this potential market and it will have to provide the codes for accessing its services to the government and to try and come out with a feasible solution like it has done in the case of other countries. In fact this move against the BlackBerry could have a snowball effect all over the world if other nations start following suit. The RIM claim that they cannot give any details regarding their decrypting procedure as they have none. They are unwilling to bring down their 256 bit encrypting to 40 bit which is the acceptable Indian standard. They also say that since the BlackBerry servers are located in Canada, these exigencies could kill e-commerce.. The BlackBerry has become a lifestyle, a fashion statement, an indispensable business and personal accessory and even a necessary evil at social gatherings. To have all your contacts, emails, Facebook and Twitter accounts, Google Talk, Yahoo Messenger, the ability to send voice notes, pictures and videos instantly—all this in the palm of your hand anywhere you go, anytime — is a heady proposition indeed. Added to this feature is the ability to set a password on the device so it stealthily shuts itself down. This kind of secrecy is a boon to many a clandestine office affair. Why, you can even keep the boredom of a boardroom meeting at bay by typing away to your loved ones secretly on your BlackBerry. I see people on the streets ‘BlackBerry walking’ in slow motion like zombies while messaging away, their faces illuminated by the eerie light of their BlackBerries, giving a whole new angle to the popular mobile add ‘walk while you talk’. Now its ‘type as you walk’. There is even the careless driver who can’t resist a peek into his BlackBerry to check his email or messages every time it goes ping! There is a law against driving and talking on the mobile but no law against peeking at your messages which is an even more dangerous habit. The iPhone has already found a partial solution to this in the form of an application that displays a transparent view of what's directly in front of you. But that still won't guarantee your safety. So you see there are other ways the messaging can kill you and its not just the terrorists! It is a Catch-22 situation we find ourselves in — we want the government to ensure our protection without giving away any of our freedom. The reality of our times is such that the threat of terrorism is so interwoven into our social fabric these days that it has become virtually impossible to isolate it. So is it a terrorist you pass on the street everyday who holds that fancy BlackBerry Pearl, Curve or Storm or just another citizen in the real world lost in his BlackBerry? Guess we will never know.
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The provocation Indian stand Where they are based What is Skype? |
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BlackBerry
BlackBerry also provides its corporate customers a server called the BlackBerry Enterprise Server (BES) which encrypts mail according to special software “key” that is set up by the customers. It is because of this feature that BlackBerry says that it can’t provide any “open-all” access key, because there is simply no such key. 
The Indian government had threatened to shut down the core features of the BlackBerry by August 31 if they did not provide access to their heavily encrypted email and messenger services. The Canadian Company RIM (Research in Motion), makers of BlackBerry, and have now been given a reprieve.
BlackBerry is based in Canada.
Skype is a software application that allows users to make voice calls over the Internet. Calls to other users within the Skype service are free, while other calls can be made for a fee using a debit-based user account system. Skype has also become popular for its additional features which include instant messaging, file transfer, and video conferencing. The network is operated by a company called Skype Limited, headquartered in Luxembourg and partly owned by eBay.