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EDITORIALS

Fresh move on Kashmir
An opportunity that can help end the crisis
T
he decision arrived at Wednesday’s all-party meeting on Kashmir, held in New Delhi, on sending a delegation to the valley to study the situation there is a welcome move.

A welcome windfall
EPFO under pressure to perform
T
he employees in the organised sector have a reason to smile: They will get a 1 per cent hike in the 8.5 per cent interest rate on their contributions to the provident fund during the current financial year.


EARLIER STORIES

Revisit MPLADS
September 16, 2010
Quota conundrum
September 15, 2010
Sycophancy in Congress
September 14, 2010
Doctors at IITs
September 13,2010
Addressing adverse sex ratio
September 12,2010
Caste census
September 11,2010
US paranoia
September 10,2010
Selection of CVC
September 9, 2010
Judicial overreach
September 8, 2010
Doping mess
September 7, 2010

THE TRIBUNE
  SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS


Bollywood strikes again
National Awards haul signals change
B
ollywood has once again proved its mettle at the 57th National Film Awards announced the other day. Its presence has been duly acknowledged and lauded.

ARTICLE

Ayodhya verdict
All parties must act to face the situation
by Rajindar Sachar
T
he government, the Opposition and the public in general are rightly in panic awaiting the verdict on Babri Masjid by the Allahabad High Court – a situation brought about by the faltering non-secular stand by the governments concerned. The High Court is to give its verdict on the following points: (1) Was the place under Babri Majid the birthplace of Lord Ram? (2) Was there a temple on the land on which Babri Masjid was built?

MIDDLE

The chief guest
by Raji P. Shrivastava
A
s the chief guest entered the venue, the organisers scurried around to attend to the thousand little things that would make their ‘function’ a success.  Bouquets surfaced in the hands of a minion and the dignitary smilingly accepted them. He bowed his head politely to enable people to garland him.  The flowers were handed back to another outstretched hand, perhaps because they weighed a ton. Girls in dance costumes anointed his forehead with a tilak.

OPED URBAN AFFAIRS

There is an emerging urban development problem of accommodating a large population migrating from the rural areas along with the existing urban poor. The development has led to the “depeasantisation” of the poor peasantry
Growth without slums
Sucha Singh Gill
W
hile discussing urban development, one must keep in mind India's present phase of development and its future direction. After nearly 60 years of planned development, India has left the category of low-income countries and joined the low medium-income countries. If the present rate and trend continues, India would join the category of upper medium-income countries.

Beyond Reach
A
paradigm shift in government policy in 1991 led to the adoption of the National Housing Policy in 1998, which was further reviewed and adopted as the National Urban Housing and Habitat Policy in 2007. These policy documents have provided a significant role to the private sector as a provider of housing and the government as a facilitator.

Corrections and clarifications



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Fresh move on Kashmir
An opportunity that can help end the crisis

The decision arrived at Wednesday’s all-party meeting on Kashmir, held in New Delhi, on sending a delegation to the valley to study the situation there is a welcome move. Since the delegation will comprise representatives from different political parties, including the BJP and the PDP of Mehbooba Mufti which participated in the deliberations to find a solution to the latest crisis, it will be easier to implement the recommendations made for the purpose. There is no reason why a feasible solution taking in view people’s aspirations and legitimate demands cannot be found within the Constitution of India. In any case, the unrest in Kashmir can no longer be allowed to persist.

The suggestions of the all-party delegation can serve as the basis for a fresh dialogue on how to establish peace in the valley. Issues like the Armed Forces Special Powers Act (AFSPA) and the grant of autonomy can be discussed threatbare once talks are under way. However, a meaningful dialogue cannot be possible unless the cycle of violence comes to an end. As Prime Minister Manmohan Singh pointed out during the all-party meeting, “discussions can take place only if we have calm and public order”. The state government has been assured of all kinds of help from the Centre for creating a congenial atmosphere for a dialogue on Kashmir.

The toning down of their stand by the BJP and the PDP on the AFSPA, withdrawal of troops, etc, provide an opportunity that must not be allowed to go waste. Only when tempers are cooled down can our efforts lead to any positive outcome. Anyone from the separatists’ camp willing to join in the dialogue process should also be welcomed. Those who refuse to cooperate should be dealt with separately. There is need to take steps immediately to address the increasing alienation in the valley. A process of “healing touch” can be initiated by declaring that all cases of human rights violations will be looked into quickly and the guilty will not be spared. This may send a positive signal to the people in general and help blunt the weapon of the separatists, who have been thriving because of lack of efforts to heal the wounded psyche of the people.

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A welcome windfall
EPFO under pressure to perform

The employees in the organised sector have a reason to smile: They will get a 1 per cent hike in the 8.5 per cent interest rate on their contributions to the provident fund during the current financial year. At a time when fixed deposits in banks do not yield more than 6-7 per cent interest income, getting a 9.5 per cent interest rate on the employees’ savings in the PF is a major relief. However, the employees’ joy may be of short duration only. A review of the PF accounts since 1952 has led to the discovery of Rs 1,700 crore unclaimed money. The Employees’ Provident Fund Organisation (EPFO) has decided to pass on the surplus amount to the 4.70 crore members. This will entail an outgo of Rs 1,600 crore.

The trade unions are not very ecstatic about the one-time windfall. They want the returns on the PF to be linked with inflation. When the PF interest rates were reduced from 12 per cent some years ago the justification given was that inflation had gone down. When inflation again went up and turned double digit the PF interest rates did not go up accordingly. The EPFO trustees, managing about Rs 3 lakh crore, are under tremendous pressure to deliver higher returns on the huge corpus they handle.

However, opinion is divided on investments in the stock markets, which usually give higher yields than other safer options. Though the Union Finance Ministry favours such investments, the risk-averse oppose the idea. The returns on the investments made at present do not support even the 8.5 per cent interest rate, which has been kept up under political pressure since the employees constitute a vocal vote bank. For the past some years the EPFO has been dipping into the reserves to meet the financial commitment. The employees should consider themselves lucky since a huge workforce in the unorganised sector does not get any PF or other post-retirement benefits.

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Bollywood strikes again
National Awards haul signals change

Bollywood has once again proved its mettle at the 57th National Film Awards announced the other day. Its presence has been duly acknowledged and lauded. Not only has the portrayal of a 13-year-old suffering from Progeria in the movie Paa won the iconic film star Amitabh Bachchan his fourth National Award (third as the best actor), a host of Hindi movies like 3 Idiots, Delhi- 6, Lahore and Well Done Abba have emerged winners in different categories. The victory clearly underlines that the mainstream Hindi cinema is coming out of the mould, winning over the National Awards jury in the process.

Hindi cinema has always held the nation in a thrall both reflecting and shaping the collective national consciousness. But when it came to National Awards it was only a rare Hindi movie or an actor that picked up the national award. Known at best for its commercial success, critical acclaim by and large eluded Bollywood. Caught in the boxoffice formula few directors dared to take the risk and continued to read the beaten track. In the best of times there was a clear-cut divide between commercial and parallel cinema. However, in the recent past things are changing for sure. Meaningful cinema has gained a firm toehold in Bollywood. The line between critical acclaim and commercial success is fast fusing. Not surprisingly 3 Idiots that broke all boxoffice records has been adjudged the best popular film providing wholesome entertainment.

What is even more heartening is that the awards have not only gone to veteran film makers like Shyam Benegal, the pioneer of new wave cinema, who has already won 17 National Awards, but to younger ones as well including Rakeysh Omprakash Mehra. First-timer Sanjay Puran Singh Chauhan has won the Best Debutante Director Award for Lahore. Their films are an affirmation that the new brigade is ready to hold the torch of purposeful cinema. As R Balki whose film Paa has been adjudged best Hindi Film said,“ I just wanted to make a good film in the form of celebration.” On a celebratory note, Bollywood has every reason to rejoice. National Awards are no mean achievement. Hope the present harvest (of awards) sows the seeds for many more.

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Thought for the Day

Wear your learning, like your watch in a private pocket: and do not merely pull it out and strike it, merely to show that you have one. — Lord Chesterfield

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Ayodhya verdict
All parties must act to face the situation
by Rajindar Sachar

The government, the Opposition and the public in general are rightly in panic awaiting the verdict on Babri Masjid by the Allahabad High Court – a situation brought about by the faltering non-secular stand by the governments concerned. The High Court is to give its verdict on the following points: (1) Was the place under Babri Majid the birthplace of Lord Ram? (2) Was there a temple on the land on which Babri Masjid was built?

Now it is obvious to the meanest intelligence that it is impossible to prove that the birthplace of Lord Ram was under the masjid — it may be a matter of faith, genuine or contrived or otherwise, but that is no proof, nor can it ever be put forward as a legal ground to take away the land from the mosque.

If the finding is that the masjid was not built on a temple, then the Muslims get the land back and will be free to use it in any way, including the building of the mosque.

In the alternative it may be held that there was a temple on the land of Babri Masjid. But even with this finding the suit by the VHP/RSS has to be dismissed. Admittedly, Babri Masjid has been in existence for over 400 years till it was demolished by goons of the VHP/RSS in 1992. Legally speaking, the Sangh Parivar would have no right even if a temple had been demolished to build Babri Masjid.

I say this in view of the precedent of the case of Masjid Shahid Ganj in Lahore decided by the Privy Council in 1940. In that case there was admittedly a mosque existing since 1722 AD. But by 1762, the building came under Sikh rule and was used as a gurdwara. It was only in 1935 that a suit was filed claiming the building was a mosque and should be returned to the Muslims.

The Privy Council, while observing that “their Lordship have every sympathy with a religious sentiment which would ascribe sanctity and inviolability to a place of worship, they cannot under the Limitation Act accept the contentions that such a building cannot be possessed adversely”, went on to hold “The property now in question having been possessed by Sikhs adversely to the waqf and to all interests there under for more than 12 years, the right of the mutawali(caretaker) to possession for the purposes of the waqf came to an end under the Limitation Act”. On the same parity of reasoning even if a temple existed prior to the building of the masjid 400 years ago, the suit by the VHP etc has to fail.

There is another reason why in such a situation, the suit will fail because in common law, even a rightful heir, if he kills his ancestor, forfeits his right of inheritance. In the masjid case too there was a “murder most foul” and hence the murderer cannot be allowed to take the benefit of his own dastardly deeds, whatever the legal position maybe.

It is true that sometimes some Muslim groups in a spirit of large-heartedness and as a measure of mutual accommodation, suggest that if it was found that the masjid was built on the site of a temple, they would not like to now build a mosque on the said site because the Koran forbids the Muslims to build a mosque by demolishing any other religious place. But even then if the Muslims choose not to build a masjid on this site, the ownership and use of the land remains with them. The Hindus cannot under any circumstances lay a claim to this site which was under Babri Masjid.

Some well-intentioned persons come out with an apparently neutral suggestion of building a multi-religious complex on the site. To me this would be a surrender to the rabid Hindu communal sentiment. Whatever explanation you may give, a Muslim then would feel a less equal citizen if even after he has won, he is asked to share this site with the goons who destroyed the holy mosque. This would be a defeat of secularism and against our Constitution, which mandates that all citizens — Hindus, Muslims and others — have equal rights and are equal before law.

A multi-religious complex or a multi-culture centre or a hospital can obviously be built by the joint free will efforts of both Hindus and Muslims. But such a complex, if it is to be built necessarily, must be on the land away and outside the masjid complex, and that too only if the Muslims give their consent — obviously as the vacant land belongs to the Muslims. But under all circumstances, the site under Babri Masjid must remain in the exclusive possession of the Muslims, who should be free to use it in any way the community decides.

I feel that the government should start doing an exercise of consultation and preparation on these lines – to await helplessly trying to anticipate what the verdict would be is like a pigeon who on seeing a cat closes its eyes with the delusion that the cat would go away — the result is obvious.

Equally, I feel that leaders of all communities, political parties and social groups should start planning to meet the situation because the matter requires the involvement of people at the grassroots level and the matter does not brook any delay.

The legal position is clear. It is only the weakness of political will that is responsible for the Ayodhya imbroglio to continue as one of the bitterest disputes within the country. By keeping the Ayodhya issue alive, the country has been kept away from addressing its most urgent task — how to meet the challenge of the growing pauperisation of the masses. And that includes both Hindus and Muslims.

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

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The chief guest
by Raji P. Shrivastava

As the chief guest entered the venue, the organisers scurried around to attend to the thousand little things that would make their ‘function’ a success.  Bouquets surfaced in the hands of a minion and the dignitary smilingly accepted them. He bowed his head politely to enable people to garland him.  The flowers were handed back to another outstretched hand, perhaps because they weighed a ton. Girls in dance costumes anointed his forehead with a tilak.

The auditorium was half empty; so the wily organisers ushered the chief guest into an anteroom for tea.  The chief guest knew that this time would be used to hustle people into the hall.  It suited him, for it would do his image no good were it reported that the numbers were sparse. Also, to express annoyance was no longer a VIP’s prerogative. Throwing attitude was considered very bad form, so our man sipped tea and fielded cashewnuts without actually eating any. 

The event began with paeans and platitudes and the chief guest accepted them with patient courtesy.  A Tanjore lamp was lit in broad daylight and a raucous orchestra belted out a devotional song.  In his speech, the chief guest thanked everyone present and  said all the right things.  ‘Reuse, recycle, regenerate’ – the universal principles of conservation — could apply to his speeches as well. He said the same kind of things everywhere, though his speech honouring a local achiever would be different from one made to rehabilitated drug addicts, of course.

The organisers then presented him a memento, even as the chief guest raised his eyes in a ‘Why me’ expression. He betrayed no irritation at the sight of the ugly metallic object he had just been saddled with. He could not even chuck it at the nearest roundabout on his way back home, since the offensive thing had his name on it.  Sometimes people gifted him an equally vile object they euphemistically called a ‘utility item’. The audience would curiously eye it, not knowing that it contained only a tiny glass bowl packed in bulky thermocol.  “Mass is inversely proportional to value” — our man had learnt in the initial years of his career.

A vote of thanks was finally offered by an obnoxious character who had so far been kept away from the stage. Thankfully it was time for the National Anthem.  The chief guest’s face wore a solemn look as he lip-synched his way through Tagore’s immortal creation. Unfortunately, the captive elements in the restless audience had commenced their exodus and were outside the exit before the first of the ‘Jaya Hey...s’  resounded in the confined space.

“Phew, tough work!” grimaced the hapless man as he was driven away in a hail of “thank you’s” and barely completed soundbytes directed at a battery of TV mikes under his chin.  Another day, another event, another saga of ceremonial monotony.  “Great stuff for a middle, though,” he thought. His eyes crinkling into his first genuine smile of the day, his Mont Blanc raced over the notepad he always carried in his car for just such an occasion.

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There is an emerging urban development problem of accommodating a large population migrating from the rural areas along with the existing urban poor. The development has led to the “depeasantisation” of the poor peasantry
Growth without slums
Sucha Singh Gill

While discussing urban development, one must keep in mind India's present phase of development and its future direction. After nearly 60 years of planned development, India has left the category of low-income countries and joined the low medium-income countries. If the present rate and trend continues, India would join the category of upper medium-income countries.

At the same time, a vast majority of people (77.8 per cent) is poor and vulnerable living at a per capita per day consumption of Rs.20 or less. The income divide between the poor and the rich is accompanied by a wide social divide of population consisting of upper castes, OBCs, SCs and STs. The population is further divided between rural and urban settlements of various sizes. Urban development and planning in our country is expected to take cognizance of these divisions and plan development for all of them, which is called inclusive growth.

Recognising that India has a far greater capacity to handle its urban development compared to the years immediately after Independence, policy-makers must think at a different level. Emerging from the colonial past with a very low per capita income, the country now is one of the low middle-income countries.

At the aggregate level, India has emerged as the fourth largest economy of the world in terms of purchasing power parity income. Now the US, China and Japan are ahead of India. With this confidence of fast-growing per capita income reflecting an increased capacity to handle various problems, India has to tackle the issues of urban development and planning taking a futuristic view.

At present the world is urbanising at a very fast rate. The United Nations Population Fund (UNFPA) projected in 2007 that the world's more than half population (3.3 billion) would be living in urban areas by 2008. This figure is expected to increase to five billion by 2030 and will constitute 80 per cent of the world population.

In India less than 28 per cent of the population lives in towns and cities as per the 2001 Census figures. As the decadal growth of urban population is higher than the rural population, it is expected that India's urban population will grow from 286 million in 2001 to 468 million in 2026 and it will be about 33 per cent of the total population of 1,399 million.

The maximum growth of population is likely to take place in large and medium towns without adequate infrastructure and services. Slums, the segregated and deprived human settlements, represent a very dark and grim face of India and will continue to do so in future also.

Physical deprivation is followed by social and human deprivation. It is well known that the extremely deprived and the poor live in urban slums. The tackling of urban poverty and the removal of slums require public support and a range of institutional and participatory approaches. It requires a provision of social and economic infrastructure in poor areas. It also requires a broad-based provision of basic urban services within slums.

There is an emerging urban development problem of accommodating a large population migrating from the rural areas along with the existing urban poor. The development process has put high stress on the rural population leading to "depeasantisation" of the poor peasantry on one side and a shrinking labour absorption capacity of agriculture is forcing both agricultural labour and poor peasants to shift to urban areas in search of employment and livelihood.

This is accompanied by the displacement process of development strategy, where agricultural land is being acquired for infrastructure development (highways, dedicated railway corridors, SEZs, mining, dams, thermal/nuclear plants etc.), urban expansion, industrial development, modern shopping malls and other services.

Thus, the development process is initiating migration flows from the rural areas. This has two consequences: (i) it is leading to the development of squatters/slums within the existing cities and (ii) the emergence of Peri Urban Areas (PUAs). The PUA is defined as the location consisting of a mixed population, which disproportionately comprises poor households and producers on the one hand and environment degradation on the other. These are byproducts of unplanned development in PUAs.

Specific health hazards arise when agricultural and industrial activities are mingled with residential use. Environmentally, PUAs serve as dumping grounds for urban waste and are recipients of polluting industries that are relocated from large cities. Often common property resources get eroded and exhausted by urban uses and a gradual loss of interest in maintaining them.

Institutionally, PUAs are a challenge because rural and urban institutions, norms, laws, practices and a code of conduct co-exist. There are many problems for which a solution is difficult because they neither fall in the jurisdiction of the urban nor of rural authorities.

The writer is the Director General, CRRID, Chandigarh

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Beyond Reach

A paradigm shift in government policy in 1991 led to the adoption of the National Housing Policy in 1998, which was further reviewed and adopted as the National Urban Housing and Habitat Policy in 2007. These policy documents have provided a significant role to the private sector as a provider of housing and the government as a facilitator. This approach led to the formation of more than 2,000 housing companies in the real estate between 1999 and 2009.

This has also led to what is popularly called the emergence of builders' mafia interested in making quick profits at the cost of common people, building bylaws, environment and squeezing of urban services. At the same time, this created a property market boom during 2005-07 and led to high prices of houses/flats and residential plots making them beyond the reach of even the lower middle class.

This approach has created a situation, where urban development has led to the exclusion of a vast majority of urban population from the housing market. Therefore, there is a great challenge for urban planners to make urban development inclusive in nature.

Urban planners must think afresh on urban development in the light of land becoming scarce and farmers resisting attempts to acquire land by the government/developers. There are several issues, which make this point relevant. First, in view of the country's concern for food security, urban planners must give a serious thought to keeping urban boundaries within limits and avoid extending urban areas to fertile agricultural land in the urban peripheries. This may require urban planners to think in terms of more of vertical growth and less of horizontal growth. They would have to keep a strict watch on the private players developing unauthorised colonies.

A serious thought needs to be given to plan cities in such a way that when they develop and provide space for well-off sections of the population, they also develop capacity to absorb the urban poor. It must be ensured that 15 per cent of the developed residential space or 20-25 per cent the floor area is earmarked for the low segment of population through the instrument of cross-subsidisation as stipulated in the National Urban Housing and Habitat Policy (2007).

The norms and standards must ensure above and underground infrastructure provisions, cost-effective technologies and methodology to make settlement development operate effectively. City planning and management should fall under one authority to have coordinated efforts and ensure efficient management. The culture of starting a job and completing without break must be introduced. The practice of road cutting by one party, leaving the project unattended for six months, leaving the work of laying pipes to another party and road repair to the third party must become history now.

Once the operational department begins the job, the group engaged in it should not leave the site till it is completed and the road is brought to its original status. Development and urban planning for inclusive cities will eliminate "complementarity" between the growth of Peri Urban Areas (PUAs) and low-cost living. An efficient management of the delivery of services such as sanitation, water supply, solid, liquid and air waste disposal, provision of cheap education and health facilities, electricity and multiple mode and efficient connectivity and transport etc is necessary to ensure healthy urban development. It could act as a big check on the development of PUAs if urban development is ensured for inclusive growth.

Government policy has given a considerable role to the elected representatives of urban local bodies. They have to be sensitised on efficient governance and resource mobilisation. They have to be made conscious that those who have the paying capacity must pay for urban services while those who are poor can be exempted from payment or can pay for services at subsidised rates. The culture of freebies must be done away with. Except for the BPL families and those living in the houses for economically weaker sections (EWS), all others must pay for urban amenities.

It is with the involvement of people through their elected representatives of urban local bodies, their sensitisation towards efficient urban management and planning and making them financially self-sustaining that inclusive and sustainable urban growth is possible. Such growth will not come in conflict with the farming community nor pose a threat to national food security nor will be complementary to the development of Peri Urban Areas. Such development will also hasten the achievement of the Millennium Development Goals in this country. — SSG

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Corrections and clarifications

n The headline in The Tribune (Page 1, September 16), “AFSPA dilution divides all-party meet,” creates the impression that AFSPA has already been diluted, while it was the move to dilute it that divided the parties. “AFSPA divides all-party meet” would have been apt.

n The headline, “Key witness fears for life after close shave,”( The Tribune, page 2, September 16) is incomplete and should have been “close shave with death”.

n The headline, “Five weeks after floods, Leh-Manali road opens,” (The Tribune, page 4, September 16) should have instead been “road reopens”.

n In the photo caption with the report, “Western Command observes Raising Day,”(Page 2, September 16, Himachal edition of The Tribune) Gen JJ Singh,(retd)Governor Arunachal Pradesh, has been mistakenly mentioned as the Governor of Punjab. It was corrected in the subsequent editions.

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

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