The Tribune, Chandigarh, India

Sham marriages
NRI wives need to be protected
Punjab is home to a large number of deserted brides. This has been known for long. Incidents involving women abandoned by their NRI husbands have come to light far too often and created much consternation. However, what is more shocking is that despite media attention and right noises made by authorities concerned, the numbers have been steadily rising. Even though the government has been planning strict laws to bring succour to wives left in the lurch, a composite law to address the concerns of NRI brides is still awaited.

Thought for the Day

ARTICLE

Egypt’s hour of glory
People’s power must prevail
by Inder Malhotra
NOW that Mr Hosni Mubarak, Egypt’s deservedly hated autocrat who ruled the Arab world’s largest country for three decades, has gone, the question naturally is what next? It is noteworthy that the dictator transferred power not to the newly appointed Vice-President but to the country’s Army Council consisting of a Field Marshal and a number of generals and brigadiers. All of them were an integral part of the Mubarak regime.

MIDDLE

Song of old age
by P. C. Sharma
The district town of Rewari in Haryana with its broad roads and rows of flats is fast emerging from the shadows of its rural past to catch up with its neighbouring cousin Gurgaon. A function organised by the NHRC and Janata Kalyan Samiti the other day to discuss the problems of senior citizens was a first of its kind event there.

OPED DEFENCE

The number of war-disabled soldiers is increasing on account of casualties being incurred in prolonged counter-insurgency operations. But they are gradually fading away from the radar screen of the government and the Service headquarters. The plight of disabled soldiers needs to be appreciated and action should be taken to ameliorate their multifarious problems
Apathy towards the war-disabled must end
Lt Gen Vijay Oberoi (Retd)
On Army Day last month, Chief of the Army Staff made a welcome statement for the large number of war-disabled personnel of the army who till now have been a neglected lot. "The Indian Army," he said, "will observe 2011 as the year of the disabled soldier, to honour soldiers who suffered injuries or were disabled in operations. While we have been giving respect to martyred soldiers, the time has come to give due honour to soldiers who have been disabled in operations". He also stated that the government had sanctioned Rs 1 crore for rehabilitation, training and basic amenities to disabled soldiers this year.

Armed forces must get credit for societal role
Col J.P. Singh (Retd)
Relationship between the society on one hand and one of its most powerful institution, the armed forces, on the other, is a subject that needs to be understood in very clear terms. Collectively, almost a quarter of the world's GNP is spent on armed forces. Why does a state consistently spend up to a quarter of its budget and resources on its armed forces? Why have there been over 170 wars in the world in the last 70 years? Why are nearly 50 countries being ruled by the military? Finally, why is the job to destroy mankind given to the army even when the authority to decide on the actual destruction is left on two others, invariably the politicians?

Corrections and clarifications

Ruling on Independents
A breather for Yeddyurappa

The Karnataka High Court has given a new interpretation to the anti-defection law under the Tenth Schedule of the Constitution by upholding the disqualification of five Independents by Assembly Speaker K.G. Bopaiah. In a 192-page order which is expected to provide stability to the beleaguered B.S. Yeddyurappa government, a three-member Bench dismissed petitions challenging the disqualifications and ruled that the Speaker’s October 10, 2010 order was not in violation of the constitutional mandate nor was there any infirmity based on malafides or perversity. Significantly, the Bench relied on the 1993 Kihoto Hollohan judgement by the Supreme Court on the validity of the anti-defection law. In that case, the apex court had ruled that the scope of judicial review in respect of an order passed by the Assembly Speaker would be confined only to “jurisdictional errors such as infirmities based on violation of the constitutional mandate, malafides, non-compliance with rules of justice and perversity”.

The High Court ruling holds out important lessons for defectors, especially Independents. It maintained that as the five Independents in question joined the Yeddyurappa government as ministers, they not only lost their independent status and became a part and parcel of the ruling party but also were bound by the party whip and discipline. Interestingly, the court ruled that when an Independent member became a part of the government led by a single party, he/she will essentially have to implement the policies of that political party. Moreover, the five Independents had attended meetings of the BJP legislature party, participated in the rallies organised by the BJP under the party flag and symbol, all of which were reasons to believe that they were no longer Independents. Another interesting observation in the judgement is the court upholding the supremacy of the electorate. It lauded the voters’ petitions to the Speaker against the Independents’ defection and said that “every voter of the constituency should have an opportunity to oppose the illegal defection by bringing it to the Speaker’s notice”.

The High Court had earlier upheld the disqualification of 11 BJP MLAs by the Speaker. The latest ruling gives a breather to the BJP government. However, the Supreme Court has recently concluded hearings and will soon adjudicate on petitions challenging the disqualification of 11 MLAs. With the five Independents having decided to appeal against the High Court order, the Yeddyurappa government’s stability will depend upon the apex court’s adjudication in both cases.

Sham marriages
NRI wives need to be protected

Punjab is home to a large number of deserted brides. This has been known for long. Incidents involving women abandoned by their NRI husbands have come to light far too often and created much consternation. However, what is more shocking is that despite media attention and right noises made by authorities concerned, the numbers have been steadily rising. Even though the government has been planning strict laws to bring succour to wives left in the lurch, a composite law to address the concerns of NRI brides is still awaited.

Not surprisingly, the need for a separate law was reiterated at a seminar organised by the National Commission for Women (NCW) in New Delhi. In fact, the NCW which set up a special NRI cell in 2009 and has been receiving complaints of desertion, has been demanding a separate law to cover NRI affairs, particularly with regard to matrimonial disputes, maintenance of women and children, ex-party divorce and alimony, for quite some time. The Ministry of Women and Child Development had also mooted the idea of a second passport for NRI wives which would at least enable them to return home. The recent initiative of the passport office in Jalandhar to impound passports of NRIs accused of sham marriages too is in the fitness of things.

However, it must be understood that the problems of NRI wives, which have been driven home time and again both at seminars and through individual efforts of men like Lok Bhalai Party Chief Balwant Singh Ramoowalia, has a social angle too. In Punjab where obsession for migrating to foreign lands often borders on mania, parents too must own up responsibility. While the conduct of NRI men who trap unsuspecting women in fraudulent marriages cannot be condoned, parents too must check the antecedents of prospective NRI grooms thoroughly and must not show undue haste in marrying off their daughters without proper verification. To ameliorate the lot of women taken for a ride by their unscrupulous husbands, legal action has to be combined with awareness drives and affirmative action on the part of the family.

Thought for the Day

The whole purpose of education is to turn mirrors into windows. — Sydney J. Harris

ARTICLE

Egypt’s hour of glory
People’s power must prevail
by Inder Malhotra

NOW that Mr Hosni Mubarak, Egypt’s deservedly hated autocrat who ruled the Arab world’s largest country for three decades, has gone, the question naturally is what next? It is noteworthy that the dictator transferred power not to the newly appointed Vice-President but to the country’s Army Council consisting of a Field Marshal and a number of generals and brigadiers. All of them were an integral part of the Mubarak regime.

No wonder, there is widespread apprehension that the Army may try to rule on its own, with a façade of a civilian government. Some say that Egypt might thus go the way of Pakistan, but then a parallel between the two countries is not on all fours even though the Egyptian Officer Corps, like its Pakistani counterpart, appropriates for itself a large part of national economy. Yet the Egyptian Army was sensible enough to stay neutral between the people demanding the ouster of Mr Mubarak and the disgraced President. It has witnessed the power of the monumental democracy movement that remained nonviolent and embraced all sections of the Egyptian population. Nearly 300 people did lose their lives and many more were injured. But this was the handiwork of the despicable thugs constituting Mr Mubarak’s police and the secret police until the Army later controlled them.

It is, therefore, reasonable to expect that the Army would perhaps not renege on its promise to hold free and fair elections within six months, and transfer power to those elected. Parliament, elected only recently in a palpably rigged poll, has already been dissolved, and the Army has iterated its support to all the demands of the people who made the Tahrir Square their home for 19 days. A proof of the Army’s earnestness would be an early abolition of the emergency rule.

In any case, unless the Egyptian Army leadership consists entirely of morons, it must have noticed that the events in Cairo have sent a shock wave across the entire West Asian and North African region. The Jasmine revolution might have begun in Tunisia but Egypt is the traditional leader and pacesetter of the region. What happened there from January 25 to February 11 will have profound repercussions and ramifications across the entire region. Fear in Israel and Saudi Arabia is manifest. This might explain also the unhappy reaction to the Egyptian revolutionary movement in even distant countries that are authoritarian, such as China and even Russia. Against this backdrop, it is had to believe that the Egyptian Army can hope to remain entrenched in power simply by modifying slightly the present dictatorial system.

Another major source of apprehension is the likely role in post-Mubarak Egypt of the Muslim Brotherhood, unquestionably the best-organised political force in the country even though in elections it gets no more than 20 per cent of the votes. In view of the sway Islamic extremism and jihadi terrorism have from the Ravi to the Oxus and beyond, these concerns are understandable. But should we jump to conclusions and pre-judge issues? In any case, the Brotherhood consists not of clerics alone but includes a high proportion of professionals, most of them avowedly secular. At the Tharir Square both Muslims and Christian Copts agitated and prayed together. Is this unity transitory?

President Obama of the United States is right in saying that Egypt can never remain what it was before the tumultuous events of the last two weeks and a half. But his responsibility does not end with saying the right thing. He has to see to it that the right thing is also done. Throwing politeness to the winds, it must be said that American policy is at the root of the problems of West Asia. US actions are completely at variance with its overblown rhetoric about the virtues of democracy and rule of law.

It is inconceivable that West Asian dictators and despots could have survived without consistent and persistent American support to them during seven presidencies. Mr Mubarak oppressed his people for 30 long years only because the US backed him to the hilt and he did its bidding at a price of one and a half billion dollars a year. The story of Mr Hosni Mubarak is not an aberration or an isolated instance by any means. America’s love for dictators has been endemic and enduring. In 1959, for instance, Batista of Cuba (overthrown that year by Fidel Castro) was America’s darling, as were numerous autocrats in Latin and Southern America and other parts of the world. For the US, Iran, under the Shah’s ruthless rule, was an “island of stability” until 1979 when Washington refused even to give refuge to the ailing former “King of Kings”. Seven years later people’s power in the Philippines overthrew the monster named Ferdinand Marcos. George Bush Sr., as Vice-President, had told him: “We love your adherence to democratic principles and democratic processes.” The list is far too long. Suffice to say that according to an American author, there have been no fewer than 36 “embarrassing allies” of the United States.

Although this subject is vast and, therefore, needs to be discussed at some length separately, let it be said briefly that, apart from the importance of oil and gas of the region, the motive behind America’s misguided policy in West Asia is its determination to preserve and promote its special ally Israel’s arrogance, aggressiveness and occupation of Palestine. Israel has had no difficulty in making a mockery of the so-called peace process. Because the Arab street was enraged against this, the US found it expedient to bolster pliable Arab dictators and monarchs. In the changing circumstances, this hugely flawed policy would no longer be viable.

India also needs to have a close second look at its West Asia policy. For a painfully long time New Delhi has chosen to be silent on West Asia, if not neglectful of it. Friendly relations with Israel are understandable, indeed necessary. But this in no way justifies our virtual abandonment of our traditional support to the Palestinian cause. A working group, under the chairmanship of the Prime Minister’s principal secretary, is supposed to be “monitoring” the developments in crucially important West Asia. If so, it has done a poor job of it. For when the democratic sentiment erupted in all its majesty at the Tahrir Square, South Block took a vow of silence for several days. Even when it declared that Mr Mubarak must step down, it was not outspoken enough. Indeed, its support to the upsurge for democracy was inadequate.

MIDDLE

Song of old age
by P. C. Sharma

The district town of Rewari in Haryana with its broad roads and rows of flats is fast emerging from the shadows of its rural past to catch up with its neighbouring cousin Gurgaon. A function organised by the NHRC and Janata Kalyan Samiti the other day to discuss the problems of senior citizens was a first of its kind event there.

It was a function meant to advise the young and not so young about protecting the rights of the old and very old. Chaaya Devi, aged 102, led a troup of folk singers to sing the theme song:

“Ram budhapa mat dena (Oh God, don’t give old age)

Je budhapa dena chaho (If old age is a must)

Veer mard ka sath diyo (Give company of a brave man)

Shravan jaisa lal diyo (a son like Shravan)

Muthi mein dhan diyo (Money in hand)

Gode mei jaan diyo (Strength in the knees)

Swarg lok mein baas diyo (abode in heaven)

Some experts on health care and medicine gave impressive presentations to this audience. Government representatives spoke about the virtues of the new legislation, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, old age schemes and the NGOs dwelt on their own activities and programmes for the senior citizens. The young DC, SP and the pretty lady ADC talked about what the District Administration could do for them. But Chayya Devi’s rondo of native wisdom rendered in her birdlike tone epitomised all that the State and society need to do for the elderly persons.

All the elderly persons with faces wizened with age but chiselled in shape sitting unbent, men with their heads swathed in turbans formed an assembly of an age receding into the past and contrasting with the generation called modern.

Their life stories speak of a different social milieu. Simple lifestyles in large joint families and abiding social bonds they never tire of recounting. The strength of their bodies was bread of millet, milk and ghee, and the spice of their life the ‘addas’ and ‘hukkas’ under well-shaded trees. Never would they imagine a generation different from theirs that would need ponderous exhortations and legislation to make the present generation to look after them.

Raj Rani, 103 years old, happy to be in the midst of her age group, though, not knowing all that we spoke in a lingo which was not hers, sat all through. She had her own lesson in longevity to impart: happy life in the midst of her progeny and regular diet of milk, ghee and lassi. Small in height, with a cheerful disposition, Raj Rani rose to welcome me with a shawl. It was my delight to put the shawl back on her shoulders.

Energy and freshness of the youth can make a world of difference to the world of the elderly. A caring society and a welfare state can give them an ‘abode of heaven’, here on this earth itself which Chayya Devi longed for in her song. Their experience is a treasure and their wisdom a guide. Saying nothing more than this I took leave of this rare assembly wishing them a long, healthy and happy life.

OPED DEFENCE

On Army Day last month, Chief of the Army Staff made a welcome statement for the large number of war-disabled personnel of the army who till now have been a neglected lot. "The Indian Army," he said, "will observe 2011 as the year of the disabled soldier, to honour soldiers who suffered injuries or were disabled in operations. While we have been giving respect to martyred soldiers, the time has come to give due honour to soldiers who have been disabled in operations". He also stated that the government had sanctioned Rs 1 crore for rehabilitation, training and basic amenities to disabled soldiers this year.

Disabled soldiers at the Paraplegic Rehabilitaion Centre in Mohali. Several issues need to be redressed to ensure that disabled soldiers get due benefits that compensate them for the substantially reduced capacity for employment.

The parsimony of the government towards the war-disabled is amply illustrated by the earmarking of just Rs 1 crore for an entire year for nearly 25,000 war disabled personnel, which translates to a token amount of a mere Rs. 400 per person. What a shame! However, it at least acknowledges the need to assist the war-disabled. So far, they have been a forgotten group.

Theoretically the Ministry of Social Welfare looks after disabled personnel. But it refuses to entertain the war-disabled on the ground that it is the responsibility of the Ministry of Defence. The Department of Ex-servicemen Welfare (ESW), set up six years ago, was till recently not engaged with the war-disabled even though the issue fell squarely in its ambit. Hence, the war-disabled were nobody's baby! Now that cognizance has been taken of this major lacuna, at least by the army, it is hoped that implementation action would follow rapidly by the army and the ESW department. There are many areas that need to be addressed.

There are broadly two categories of war-disabled personnel. Some opt to continue serving in the army after their disablement, while others decide to go home to engage other pursuits. The problems of both categories are the same, but those retained in service are denied many of the benefits. This attitude of the bureaucrats, both civilian and military, stems from a perception that a great favour is being done by retaining them in service although no concessions are offered to them as they compete with their able-bodied peers in all respects, including professional advancement. An attitudinal change therefore, is the first action needed so that there is no discrimination between those continuing in service and those who go home.

The second action needed is to treat war-disabled personnel at par or nearly at par with those who lay down their lives in battle. The plight of the war-disabled and their families is no less than those who have lost their husband or son - their bread-winner and their security. In addition, war-disabled persons have to cope with the trauma and adverse psychological impact of losing parts of their body. Their physical capacity to earn is also permanently impaired and substantially reduced. Yet, financial compensation for them is meager and their next of kin (NOK) do not get any other facility, like a house, an agency, or a job. Those who sacrifice their lives in war must be and are treated with great respect and their NOK adequately compensated. However, the war-disabled find themselves completely left out from such considerations. This unfortunately does not inspire confidence in the government. This situation needs to change so that potential soldiers do not hesitate to join the armed forces in future on account of a perception that the war-disabled are being callously ignored.

The third action relates to the ex-gratia grant to the war-disabled. At present, it is only Rs 1 lakh for those sent home and nothing for those retained in service. The grant needs to be substantially increased and those continuing in service must also be brought in the ambit of such grants. This differentiation is purely a meaningless bureaucratic formulation, but the damage it has done is colossal, as it has hurt the very psyche of the war-disabled who are today a disillusioned group.

The fourth action relates to the preparation of a comprehensive data bank of all war-disabled personnel. Unlike gallantry award winners and widows of martyrs, for whom up to date records exist, no detailed records are maintained by the army or the ESW department for the war-disabled. Consequently, no one really knows how many war-disabled personnel exist, how many are still serving, how many have been boarded out and how many are still alive. Due to lack of details, the war-disabled are generally forgotten and usually left out of consideration when concessions, grants or awards are made. Even during many military and non-military functions, while war widows and gallantry award winners are honoured, no such courtesies are extended to the war-disabled. Without comprehensive data, neither can any planning take place nor can a dialogue be established with the war-disabled.

The fifth action needed is to fully take on board the two existing NGO's exclusively dealing with the war-disabled. The government needs to encourage them, instead of viewing them as interfering irritants or competitors, as seems to be the case at present. The NGO's exist for the sole purpose of assisting the war-disabled and would like to work closely with the government and the army. After considerable effort, a dialogue has now been established with the army, but the ESW department is yet to change its attitude! These NGO's are the only organisations interacting with the war-disabled on a regular basis and are au fait with their problems and aspirations. There is certainly a need for regular dialogue between the ESW department, army headquarters and the NGO's. Getting them on board will result in a two-way passage of information between the authorities and the war-disabled. Both NGO's exist on donations that are meager, but their request for funds has been summarily dismissed by the ESW department!

Over the last few decades, the war-disabled as a group have been gradually fading away from the radar screens of service headquarters as well as the government, despite the fact that their number is increasing practically on a daily basis on account of casualties incurred in counter-insurgency operations. The plight of war-disabled soldiers, especially in rural areas needs to be appreciated and actions need to be taken to ameliorate their multifarious problems. This situation of apathy to the war-disabled must be corrected lest it leads to grave adverse repercussions in the long term.

The writer is a former Vice Chief of Army and President of the War Wounded Foundation

Armed forces must get credit for societal role
Col J.P. Singh (Retd)

Relationship between the society on one hand and one of its most powerful institution, the armed forces, on the other, is a subject that needs to be understood in very clear terms. Collectively, almost a quarter of the world's GNP is spent on armed forces. Why does a state consistently spend up to a quarter of its budget and resources on its armed forces? Why have there been over 170 wars in the world in the last 70 years? Why are nearly 50 countries being ruled by the military? Finally, why is the job to destroy mankind given to the army even when the authority to decide on the actual destruction is left on two others, invariably the politicians? Another question which is most intriguing is why has India, a peace loving country, fought five wars in fifty years and continues to be embattled in a prolonged proxy war. None of these basic questions can be satisfactorily addressed without a comprehensive background knowledge of the relationship between the army and the society.

In colonial India, the British seriously undertook combat effectiveness and welfare of soldiers. Indian soldiers have never been found wanting, certainly not in the post-1947 independent republic. The 1962 Sino-Indian conflict was not a military but a political and diplomatic debacle. The army has done the nation proud by defending the country's vast inhospitable borders as well as by fighting militancy and terrorism. Living in metropolitan cities and blessed with salubrious ambience, one is likely to overlook the relevance of the army and that is precisely what is happening in New Delhi.

It is only when media showcases the role, bravery and sacrifices of the army that its indispensability is momentarily understood. Seeing the role of the NSG in the 26/11 Mumbai attack, the society must have realised the requirement of the army in protecting the life of ordinary, peace-loving people as well. In the recent cloudburst at Leh, the army also bore the brunt of the calamity, yet it rallied around the local population to help them rebuild their homes. Sufferings and contributions of the army during natural disasters are well known and documented.

But the army has not been rewarded for its services. The nation has seldom shown inclination to adequately understand the relationship between the army and the society and articulate it dispassionately in a way that the strength of the nation is maintained and grievances of the soldiers addressed with alacrity and concern. The attempt to carry out a caste census in the armed forces, repealing the AFSPA and deinduction from the Valley seem to be attempts to further damage the institution.

The armed forces have many a times expressed concern over the decline in morale and its increasing involvement in internal security duties. A large number of officers and men have been killed and wounded in such operations. Many times their activities go beyond military action to encompass civil administration, medical aid, education, welfare and rehabilitation of displaced persons. At times, perhaps, moderating the ideological ethos of society or a group are also roles thrust upon the army. Yet it is targeted many times for various ills to cover up administrative failings by the ruling elite.

A study by the College of Defence Management, Secundrabad, revealed that the satisfaction and motivation level within the armed forces are definitely at an unacceptable level. The high level of dissatisfaction is on account of lowering of the overall image and status of the army in the eyes of the nation and the perception of merely being tolerated as an expensive, unnecessary and pampered burden on the nation.

Armed forces are the backbone of the nation and hence a distinctive institution. The army's role in the development of border areas is a source of inspiration for the society. The army provides livelihood to large sections of the society directly and indirectly. Unfortunately, we are damaging the institution ourselves, and that too when security and sovereignty are at stake with China, Pakistan and naxalites posing serious challenges. It is a sad day when the nation does not uphold the dignity and prestige of the armed forces.

The demand of one rank-one pension is since long pending with the government. Issues like levy of VAT on canteen items in J&K when it is exempted in neighboring states reflects the apathy of state governments towards soldiers who are guarding its boundaries and fighting terrorism. Veterans are justified in agitating against discrimination and the callous attitude of the establishment towards soldiers and security issues.

Genuine grievances of the veterans need to be heard passionately. Similar sentiments have been expressed by the Apex Court which quoted Chanakya's advice to King Chandragupt that the day soldiers are forced to fight for their salaries, it would be a sad day for the country.