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Rights & wrongs of
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END OF A FAIRY TALE
PROFILE BY
On the record by
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Rights & wrongs of vigilantism THE Supreme Court earlier this month declared as ‘unconstitutional’ the temporary recruitment and arming of tribal youth. The ruling was clearly unexpected and the Union Home Minister , while refraining from commenting on the decision, announced that he would have to discuss the issue with the Chief Ministers since it concerned not just Chhattisgarh but nine other states as well. According to reports in the media, both the Union Government and the Chhattisgarh government are preparing to file a petition for reviewing the decision.
The ruling has indeed put the government in a fix. After the apex court’s ruling, the entire force and structure of the SPOs has become illegal. The government would not only have to disband and disarm the SPOs in the shortest possible time, it would also have to stop paying them the token honorarium, ranging from Rs 1,500 to Rs 3,000 a month. Many of these SPOs, who have acted as the “eyes and ears” of the police in Maoist affected districts, may , in desperation, even cross over to the ‘enemy’ and share information and intelligence that they may have gathered as SPOs. Others may refuse to return the firearms given to them, supposedly to defend themselves. A Superintendent of Police at Raipur was quoted as exclaiming in dismay, “ How do you tell them they cannot carry a weapon ? After all, they have been fighting the Maoists for long. They have been targets and could get killed anytime.” Both the Union Home Minister and the Chhattisgarh government acknowledged that the ruling had come as a major setback to anti-Maoist operations. How special? The dictionary defines ‘special’ as ‘uncommon’. And an ‘officer’ is of course a person who commands authority and holds an office. But in independent India, the SPOs, numbering over 70,000 this year and spread across nine states, are neither special or equal to policemen and nor are they officers, for reasons that will become clear later in this write-up. The antiquated Indian Police Act ( IPA) of 1861 first provided for the appointment of SPOs. If there was an apprehension of rioting or any breach of peace and the regular police force was found to be inadequate to cope with the situation, any police inspector could apply to the court for permission to appoint a specified number of people as SPOs for a temporary period of time. This allowed the colonial government to maintain a loyal band of ‘bonded’ people , it could fall back on in times of emergency. The provision was also used to reward police informers from the secret fund. The institution was apparently found to be convenient and has been in the statute books since then. Intervention by the Supreme Court of India actually prompted the Chhattisgarh government to enact its own Act, Chhattisgarh Police Act ( CPA) under which it went ahead to appoint 6,500 SPOs. Those who have visited police camps in Maoist-affected states would have come across these SPOs. Young men or boys in their late teens, wearing ill-fitting uniforms, they generally appear even more scared than the visitors to their camps. They should have been far away from the war-zone, singing love songs and wooing soul-mates, raising families and pursuing their dreams. But here they are huddled like cattle in barracks with no space to stand or walk. The available space is generally occupied by folding cots and the ‘officers’ are forced to roll over cots to reach their own. They are required to man the watch-towers and crouch in bunkers. They usually lead the security forces during Long Range Patrols, carefully watching out for landmines or sniper-fire. They do the night shifts and of course, as members of a disciplined, uniformed force, they are required to clean the barracks, toilets, fetch water, work in the kitchen as part of daily chores, acutely conscious that their lives can be cut short at any time. Officers indeed.
Criticism Still the judgment has come in for considerable criticism. While Congress leaders have been understandably silent on the issue, BJP leaders have made no secret of their disappointment, describing the judgment as dangerous. The Supreme Court, it was insinuated, has gone a little overboard in striking down a seemingly reasonable and valid administrative arrangement. The ruling smacked of a political and ideological bias and would be an impediment to good governance, commented an editorial. It was a setback for anti-Maoist operations and would make it tougher for governments and police to enforce law and order in Maoist strongholds, it was eloquently argued. Others frowned on the judgment that waxed eloquent on an “amoral political economy”, prevailing inequalities in society and the ‘corrupt social and state order’. The Supreme Court’s “lecture” reminding the state of its responsibility to ensure security to all citizens and prevent emergence of great disaffection also did not go down too well. The more charitable of the critics pointed out that the comments made by the Supreme Court were unnecessary and not really relevant. Others bitterly questioned whether it was the court’s business to quote from literature, philosophy and economic treatise and serve a sermon on morality. The debate is not really central to the issue. The more relevant question is whether the apex court really had an option but to strike down the recruitment of SPOs ? The court has been deliberating on the case for nearly four years and quoted equally extensively from the affidavits filed by both the Union government and the state government in its judgment. For good reason, the critics have refrained from citing these passages from the judgment. The Union government and the Chhatisgarh government, one also suspects, were far too confident and, therefore, casual about the case. The petition, after all, was filed way back in 2007 by “ Maoist sympathisers” and outsiders like Nandini Sundar and Ramchandra Guha. The apex court had passed a series of interim orders, had asked Chhattisgarh to vacate the schools occupied by security forces and directed the National Human Rights Commission to report on the ground situation. It had also ordered that the SPOs should be recruited strictly in accordance with the law and had refused to impose an interim ban on the recruitment. That possibly convinced both New Delhi and Raipur that the apex court was not inclined to strike at the edifice so painstakingly built by them.
The defence The affidavit of the Chhattisgarh government claimed that there was an acute shortage of security personnel in the state. While the state required a minimum of 70 battalions to take on the Maoists, it had only 40 battalions at its disposal. Worse, 30 of them were central forces comprising “outsiders” who are neither familiar with the local terrain nor with the local dialects. That is why, it was claimed, it was necessary to recruit local, tribal youth as “guides” and “interpreters”. The affidavit then argued that the tribal youth had actually volunteered to fight the Maoists. They had been victims of Maoist violence and hence they wanted to avenge the loss of lives and property their families had suffered. The same affidavit then stated that the tribal youths were armed because they were soft targets and were vulnerable to attacks by Maoists. Arms were given to them in “self-defence”. At some point, however, they seemed to discard the ‘self-defence’ explanation. It had become necessary to arm the tribal youth, stated one of the affidavits, because the Maoists had also raised local militias with intimate knowledge of the local terrain and the people. It was important, therefore, to raise a “force multiplier” with equally intimate knowledge of local dialects, terrain and customs. It went on to argue that there was nothing illegal about the recruitment of SPOs since it was being done under a legislation passed by the state legislature and also provided in the Indian Police Act. The affidavit by the Union government endorsed the claim and asserted that the SPOs played a crucial role in maintaining law and order, which, it pointedly stated, was a state subject. The Union of India claimed to have a limited role to play in the recruitment of SPOs. It merely fixed the upper ceiling of SPOs in each state, primarily because it bore 80 per cent of the expenses incurred on the SPOs. Thereafter, it had only an advisory role. The recruitment, training and deployment were responsibilities of the respective state governments.
The questions The Supreme Court wanted to know the qualifications required for recruitment as SPOs, the kind of training imparted to them, how and when were they discharged and what kind of protection has been offered to them by the state. It also asked what kind of control the state exercised over the SPOs and what could it do if the SPOs refused to be disarmed whenever ordered ? The affidavit admitted that the SPOs were barely literate. Pointing out that the law was silent on minimum qualification for SPOs, it added that preference was given to those who have passed standard five in school. In other words, they would not be eligible even for appointment as police constables, which requires them to pass standard eight. It admitted that no training is given to the SPOs till they completed at least one year in “service”. Then also it was at the discretion of the Superintendent of Police. Later, a fresh affidavit claimed that a training module had been drawn up for the SPOs and they were being schooled in “ Human Rights, the Indian Penal Code, the Criminal Procedure Code and Forensic Science etc.” among other classes. The Chhattisgarh Police Act made it clear that the SPOs are to be recruited on a purely temporary basis and they can be terminated at any time without assigning any reason. But the same Act also makes it clear that the SPOs would ‘always’ be deemed to be on duty and they could not take up any other assignment. There was no answer to the obvious question, namely what prevented the state government from recruiting local tribal youth as regular policemen and training them. The two governments also missed the irony. While they had failed to educate the tribal youth, they saw nothing wrong in using them as “cannon fodder” in the fight against Maoists. The state, exclaimed the Supreme Court Bench, should have been distributing books to them, not guns. Also paradoxical is the claim to train “in two months” the barely literate youth in complex laws and forensic science. The government was also clearly tempted to take shortcuts. While Chhattisgarh paid Rs 3,000 p.m. to the SPOs, several other states apparently paid much less. Raising a regular police force would have called for a much higher salary payment and a lot more investment on their perks, pension and training. The principle of “equal pay for equal work” does not seem to impress the government. But the affidavits insisted that the SPOs were subject to the “ same discipline and the same chain of command” as applicable to the regular police force. Indeed, the Chhattisgarh Police Act specified that the SPOs would be responsible for preventing crime, preserving internal security, maintaining public order, enforcing the law, providing security, providing public property, detect offences and arresting offenders. It comes as no surprise, therefore, that the Supreme Court would be horrified at the brazen bid of the state to raise armed, vigilante groups that operate under the veneer of state patronage. The illiterate or the barely literate tribal youth, sandwiched between the Maoists on the one hand and the police on the other, may have had no option but to accept the ‘generous’ offer of the state, howsoever unfair, uncertain, unequal and humiliating. But can the state really get away by treating citizens in such a cavalier manner ? The shameful and embarrassing conduct of the state has been redeemed somewhat by the ruling of the Supreme Court. It remains to be seen if our elected governments redeem themselves.
Neither special
nor officers
Number : 70,000 Spread over : 9 states Recruitment : Temporary Discharge : Any time without assigning any reason Training : Nil or farcical Protection : Uncertain Discipline : Same as the police Duties : Same as policemen Salary : `1,500 to `3,000 p.m.
The rationale The state cannot push illiterate, untrained youth to fight It is the state's duty to protect citizens. Civilians cannot be armed to defend themselves. Armed vigilante groups can turn into a Frankenstein Tribal youth have a right to education, liberty and choice Equal work should be compensated with equal pay The cycle of violence has not abated. So, the problem lies elsewhere.
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END OF A FAIRY TALE Seven books, eight films and 14 years after I opened the first book on the night of my 11th birthday, it is all over. Some fans insist, however, that the magic will never end. However, although the Harry Potter franchise is launching an official spin-off website, Pottermore, there will be no more book or film releases in the series.
Joanne Rowlingis fictional universe of wizards, goblins and magical quests transfigured the imaginative landscape of those of us who were the right sort of age, between 1997 and 2011, to appreciate the cacophonous excitement that followed the emergence of every book and film in the series. Like us, the young protagonists have to cope with exams, social prejudices and adults, who can be strict or stupid, but can solve those difficulties with a flick of their wands and soar away on a broomstick. There are a great many books and stories that are better written but Harry Potter spoke to a shared fantasy that if you were born special - and isn't every child born special? - you too could be part of a glittering secret world that ordinary people didn't know about. The cosy elitism of Rowling's boarding-school adventures was part of the fantasy. Harry Potter has become a global industry worth almost $5bn, breaking all publishing and box-office records and selling almost half a billion books, not to mention stacks of tie-in merchandise and a theme park. Politicians concerned by the commercialisation of childhood may well have been looking in the wrong place. In Rowling's world, there are no threatening stalkers desperate to penetrate the protagonist with pointed appendages; just a few shoddily-written heterosexual scenes, and no sex before marriage. Not that that ever stopped young readers embellishing the fantasy with their own imagination. In shared internet forums, Harry Potter readers produced thousands upon thousands of fan fiction stories - mostly smutty prose placing the main characters in ever-more baffling and anatomically implausible acts of magical congress. One of the most common questions JK Rowling is asked by her young readers is: Will the muggle and magical worlds ever be united? In an interview with the BBC on World Book Day, 2004, Rowling told her fans: The magical and muggle worlds will never be rejoined. If a muggle looks at Hogwarts, they will see nothing but a ruined castle with large signs on it saying: Keep out, dangerous building. It is perhaps appropriate that education was the issue that finally mobilised the Harry Potter generation into political action. Many young people on the demonstrations against education cuts last winter held placards that read, "Dumbledore wouldn't stand for this or, more incisively, F**k this, I'm going to Hogwarts. Harry Potter is not just a corporate racket, or a cheesy public-school fantasy in clunky prose. It is also about decency, and fairness, and courage. That's why young anti-cuts protesters carried placards declaring themselves members of Dumbledore's Army. This particular fairy tale is coming to an end just as young people are learning that sometimes good does not automatically triumph. Sometimes the stupidest, meanest adults wind up in charge, and they can't be defeated simply by going on a quest to destroy Horcruxes, or finding an unbeatable wand. By arrangement with The Independent
A decade ago, three child actors were chosen to be the magic trio in the Harry Potter movies. None of the people involved in the project - including the mother of it all, JK Rowling - could have foreseen the world phenomenon it turned out to be. Back then, Rowling had not even finished the series and she was wary of the idea that her wonderful world could be made into film. She came around - and never looked back. Rowling's world provided thousands of people with work and opportunities for ten years. She essentially paved the way for many young actors' careers and improved the cinema industry with her ideas. Her story pushed the cast and crew's creativity to the maximum and there is absolutely no doubt they have all grown as better professionals as a result. As Daniel Radcliffe (who plays Harry Potter himself in the series) proclaimed, all the opportunities he has been given were because of Rowling and her books. Harry Potter fandom is a place of creation and imagination - amazing things have been created. And these fans, who supported these characters while they were growing up, have gained their space in the world because of Rowling's lessons of courage, friendship and love. Graphics, rock wizard bands, fan fiction, YouTube sensations… These have all been made possible because of these books. And who knows where this will take the fans? Even though JK Rowling said her goodbye with promises that
Hogwarts' doors will always be open to welcome anyone, be it by watching the films or reading the books, it is still sad to finish this chapter of life. For the Harry Potter generation, it is as if childhood has finally finished. |
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PROFILE BY The elder of the two sisters in fact started her career as a merchant banker after studying Economics in Cambridge. She was the first woman 'officer' appointed by the Midland Bank in London. But she refused to take up the job when she learnt that she would be paid less than men, forcing the bank to relent and agree to her terms. A few years later, she served the Grindlays Bank in Mumbai, where too she was the first woman 'officer'. But a chance meeting with an English woman in India inspired her to discover ethnic Indian designs for markets abroad. She left banking for marketing and then an equally chance encounter with Marvin Taub of Bloomingdale's led her to export Indian clothing abroad. Taub made her travel through India with him and his 17-member entourage. " You say Indian products are stylish, show me" is what he told her, Panjabi recalls. She takes just pride in her role in popularising Indian products abroad. Sister Camellia's success with Bombay Brasserie may have had something to do with her decision to open " Chutney Mary" in London in the year 1990. The high-end Indian restaurant took time to catch the imagination of affluent Englishmen but by the turn of the century, it had become a much sought after eatery, an eatery where Princess Diana is said to have first announced her divorce plans to the then Lord Mayor of London. Among her other regular clients have been the Duke of Edinburgh, Liz Hurley and Jemima Khan. Although London was already full of Indian Curry Houses, mostly run by Bangladeshis from Sylhet, Panjabi can take credit for introducing the immense variety of Indian cuisine to the discerning. Most Indian restaurants till then would keep three pots boiling, one with 'Makhni sauce', one with a brown, onion sauce and the third one with a white, almond gravy. The most suitable sauce would be poured over the dish and served. The three pots, thanks to Panjabi, have given way to 22 pots for , say, 22 different curries. For 'Chutney Mary', Panjabi imported chefs from India and not just the ingredients. She introduced Goan, Hyderabadi, Chettinad, coastal cuisine etc., brought in specialised chefs, lodged them in Chelsea and presented them to her clients. If a particular chef is absent for some reason, she directed that the particular regional dishes overseen by the chef be withdrawn from the menu for that day. The success of 'Chutney Mary', which was a venture started from scratch, prompted Panjabi to acquire an old eatery, ' Veeraswamy', which was started way back in 1926 by an Anglo-Indian, Edward Palmer. His great grandfather was the principal secretary to Warren Hastings and the great grandmother was said to be an Indian princess. Since then 'Veeraswamy' changed hands a number of times before Panjabi stepped in and gave it a fresh, new look and authentic Indian cuisine. Namita, who spends four months every year in Mumbai, is married to merchant banker Ranjit Mathran and has added two more brands to her Group. While 'Masala Zone' with its snappy street food and thalis sold at low prices has created a buzz in the midmarket section , the crowning glory of her Group is now the Michelin-starred 'Amaya' specialising in grilled food. At 'Amaya', the rosewood tables are from India, plates are from Thailand and the sculptures made by an artist living near Kolkata. Indeed, artists from India were commissioned to paint the ceiling and the walls. She admits her debt to Taub , who instilled in her that 'God is in the detail'. It was Taub, she acknowledges, who taught her how to make the slightest of changes in products to suit the market and how to do the packaging to suit the sensibilities.
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On the record by He is, however, best known for converting a small and notorious temple into a benevolent Trust, which now operates four hospitals including a Cancer Hospital besides several dispensaries. Even the land for the hospitals was purchased by the Temple Trust from its own income. On the anvil are an Eye Hospital, an orphanage, a medical college and a Heart Hospital in the districts-all paid for by the devotees and well-wishers. Acknowledged as a Sanskrit scholar too, his has been a fascinating and crowded life. Even in the Bihar countryside, you are known as the 'temple man'. Your association with the Mahavir Temple outside the Patna railway station is well known. Would you recall the past ? I was the Senior Superintendent of Police at Patna when we had to conduct a raid into the temple, which was being used by the underworld as a sanctuary. The government thereafter decided to form a Trust for the functioning of the temple and I took an interest in its transformation. In 1987 when we started, the temple had no assets worth recalling. Today it has assets worth well over Rs 100 crore. I in fact took 10 months' leave, when I was transferred, so that I could stay back in Patna and supervise the temple construction. How did you manage to build the goodwill ? The Trust maintained discipline and transparency and decided that the motto would be the welfare of all creatures, not just human beings. This Trust was the first in the country to appoint a Dalit as the Head Priest way back in 1993 and the tradition continues. We ensured that even when four to five lakh devotees turned up on a given day, nobody would dare break the queue. There is a bank account and donors are requested to transfer their donation directly to the bank. There is a donation box at the temple too , which is emptied every week and the amount deposited in the bank. Does the temple depend solely on donations ? The temple also earns through sale of 'Prasad'. We hired experts from Tirupathi to make Laddus here. They are made of grounded gram, pure ghee and dry fruits. The net profit last year from the sale of these Laddus alone was Rs 2.60 crore. The temple also has set up a laboratory to test , on a daily basis, the purity of the material used in making the Laddus. Who are the Trustees currently ? It is headed by retired Supreme Court judge B.N. Agrawal. Other trustees are two retired High Court judges, a former Chief Minister and a former Chief Secretary. I function as the secretary as desired by the Trust. How did you get into the Religious Trust Board? The present Bihar Chief Minister, who had been invited to inaugurate the newly constructed building of the Paediatric Hospital of the Trust, he was surprised to learn that three big hospitals had been built by the temple with its own resources. He announced that he would like to hand over all the temples of the state to such able hands so that more such hospitals could be built. Politicians make such statements all the time but within a week , I was called by the CM's office and invited to take over the reins of the state-level Board. What was the condition of the Board when you took over ? There was a liability of Rs 3.50 crore when I took over as the Administrator. The employees were not being paid salary regularly for past several years. Scores of contempt cases were pending before the High Court against the Board. Regular visits and constant monitoring have reduced the liability to Rs 60 lakhs. Over 50 temples have already been renovated and their earnings have gone up substantially in recent months. Employees now get their salary regularly. You had quite a chequered career in the IPS too ? It was a mixed bag. I was in Gujarat, my parent cadre, for five years before I was transferred to Bihar. But though I served in the state for six years and posted as SP in four districts, I was never allowed to stay at one place for even two years. I served the CISF for 9 years and also worked as an OSD in the 'Ayodhya Cell' of the Union Home Ministry. From being a police officer to being an academic … ? After I took voluntary retirement , I served as the Vice Chancellor of the Kameshwar Singh Sanskrit University at Darbhanga for two and a half years. Since then my time is taken up researching temples, writing books and working for the Trust Board and the Mahavir Trust. I am looking forward to the publication of the nine volumes of 'Ayodhya Rediscovered' later this year.
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WITH temples and their treasure troves in the news of late, the experience of Kishore Kunal, a former police officer and then a Vice Chancellor of the only Sanskrit University in Bihar, is of particular relevance. He now heads the Bihar State Religious Trust Board as its Chairperson and enjoys the status of a minister. The Board looks after all the public temples in the state.