The Tribune, Chandigarh, India

Chinese challenges
India’s defence preparedness inadequate

India seems to be somewhat careless when it comes to handling China. Or, perhaps, we believe that China, calculatively working on its ambitious programme of becoming a superpower, cannot afford to militarily engage India again as it did in 1962. One gets this impression from the fact that India does not have even metalled roads in many areas near the Line of Actual Control (LAC) in Ladakh, as revealed by a series of Tribune reports. Many strategically significant approach roads leading to the LAC are an apology for roads. Our airfields near the LAC are no match to those built by the Chinese. Most of our airfields cannot handle big planes whereas this is not true in the case of those on the Chinese side. India has been acquiring latest equipment for some time to meet any threat from across the Himalayas, but China is far ahead of us in this respect too.

How will our soldiers accomplish the task assigned to them in the absence of adequate and dependable infrastructure? India’s plan to recruit one lakh soldiers specifically for deployment at the border with China cannot serve the intended purpose unless our military personnel have all the facilities required for their effective functioning. We must ensure that any surprising development should not make us face the situation that we did during the 1962 India-China war. In 1962 Indian soldiers suffered at the hands of the Chinese because they were not only poorly trained for mountain warfare but also had poor equipment and clothing.

The boundary problem with China still remains unresolved. It has been flexing muscles off and on. The growing bilateral trade with China is no guarantee that our borders are safe. Beijing has also been expanding its presence in Pakistan-occupied Kashmir. India cannot be expected to speak forcefully against Chinese designs with the kind of military preparedness it has. One reason for this sorry state of affairs appears to be that our armed forces are nowhere in the defence policy and planning loop. India needs to take corrective measures soon to defend the country’s vast borders.

Cricket & corruption
Pak players guilty of subverting game

Eleven years after Hansie Cronje and Mohammad Azharuddin were banned for life following allegations of accepting bribes from bookies, two Pakistani cricketers, Salman Butt and Mohammad Asif, face a prison-term after their conviction by a British court for spot-fixing. The third Pakistani cricketer, Mohammad Amer, may be let off lightly, partly because he had confessed and accepted his guilt before the trial and partly because of his age. Amer at the age of 18 had become the youngest bowler last year to bag 50 Test wickets and seemed set for a glorious cricketing career. But a remarkable sting operation by the now-defunct News of the World and evidence in the form of audio and video tapes seem to have put paid to that promise. Cronje or Azharuddin were, however, never convicted. Nor was Shane Warne, who had admitted to providing information about the pitch and the weather to an Indian bookie, forced to pay for his misconduct. This, therefore, could well be the first punitive action against subverting the game for money.

The Chief Investigator of the International Cricket Council told the British court that as much as $ 50 billion (Rs 2.45 lakh crores) were involved annually in illegal betting on cricket, most of it in the Indian subcontinent. The bookies and their syndicates, the court was told, increasingly used mobile phones and computers, destroying everything the day after the match. The sting operation also revealed how betting had graduated from ‘match fixing’ to ‘spot fixing’. The unsavoury spotlight is firmly focused on cricketers from the subcontinent, where people have a more cavalier approach to corruption. Pakistani cricketers are said to be even more susceptible because they do not legitimately make as much money as Indian cricketers do; and since the prevailing perception there is that both politicians and the army are making money, the feeling is that there cannot be anything wrong if cricketers also make some money on the side.

Corruption in sports is notoriously difficult to prove. Therefore, even as the ICC prepares to investigate other players, the debate must move beyond ‘fixing’ scandals and move on to legalising betting and the desirability of making cricket in the subcontinent completely ‘professional’.

Thought for the Day

Get your facts first, and then you can distort them as much as you please. — Mark Twain

ARTICLE

Withdrawing AFSPA
It will affect Army’s functioning in J&K
by Lt-Gen Harwant Singh (retd)

Chief Minister Omar Abdullah’s decision to withdraw the Armed Forces Special Act (AFSPA) from some parts of Jammu and Kashmir should be taken as a welcome move. However, it would have been far better for him to have discussed this issue within the state security set-up, more so with the Army, rather than just the Home Minister in far away Delhi before making such an announcement. Hopefully, it is not to divert public attention from the Chief Minister’s current political problems, but is the result of a well-examined ground situation. However, this move, for the time being, has been stalled by Delhi.

The apprehension of terrorists shifting their operations, or seeking temporary relief by moving out of areas under AFSPA, into those districts from where this Act is withdrawn need not be overplayed. To prevent this from happening, the police in the areas from where this Act is revoked has to be extra vigilant.

In case insurgency resurfaces in the districts from where the Act is revoked and the Army is once again called in, it will take considerable time and effort to re-establish itself, etc, and invoking this Act again may pose political problems. However, such possibilities should not deter us from the withdrawing the Act from the areas where peace prevails.

Efforts are afoot in Delhi to dilute the AFSPA itself. While the Home Minister is keen to do this, some others are clamouring for its removal from the statute books. The state police and CPOs are as well equipped as the military (in the counter-insurgency context) and on their own should be able to deal with the insurgency problems, especially when Home Minister has donned the CPO hat. The Army, other than manning the LoC, should move to its barracks and focus on training relevant to the operational tasks.

Insurgency survives when there is sympathy and support for its cause. Though where the law and order situation is poor, insurgents can draw local support through coercion and acts of violence. In the Valley there is alienation of the population too. So, in combating insurgency, this issue of local support to insurgents is very relevant. In almost every case of encounter with terrorists or where civilian casualties occur as a collateral damage, evidence will always be marshalled against the Army. For obvious reasons, it is far more difficult for the locals to give false evidence against the police than the military.

Detailing just three cases will suffice to establish the validity of this assertion. In the Northeast, Manorma was alleged to have been tortured, raped and murdered. Manorma was a hardcore terrorist and member of the PLA, involved in laying IEDs in which six civilians and two security personnel were killed. One transmitter and two grenades were recovered from her. Two independent autopsies ruled out torture and rape. The nature of bullet injuries confirmed the escape story.

The second is the case of alleged rape and murder of two women in Shopian, in J and K, where local doctors confirmed rape and murder, consequent to an autopsy. Later when the bodies were exhumed and a team of independent doctors conducted the second autopsy, rape was ruled out and death was attributed to drowning. In another case, a charge of mass rape of 22 girls in Kunan Poshpura village in J and K was levelled against the Army. An independent inquiry by Press Council of India termed the story as a complete hoax.

Nothing reinforces this point more forcefully than the recent statement (absurd as it is) of Mr Mustafa Kamal, an important functionary of the National Conference, that the Army is behind the recent grenade attacks in the Valley.

So, it is in such hostile environments that the military is called upon to undertake anti-insurgency operations. Since the Army does not have even the police powers, it would be impossible for it to operate without the cover of the AFSPA. Counter-insurgency operations are a messy affair, and in certain types of encounters some collateral damage is inevitable.

So far 572 officers and more than 8,750 soldiers have died since the Army was committed in counter-insurgency operations and that adequately highlights the lethal nature of these operations. Now if troops are deployed without the cover of the AFSPA or provided with one in its diluted form, they will be rendered toothless and there will be too much caution, hesitation and procrastination in going the whole hog after the insurgents, especially where there are chances of collateral damage. While combating insurgents, besides facing a threat to life, there will be chances of Army personnel being dragged into endless court cases for the rest of their military career, with all manner of evidence piled up against them.

Were the military to acquire an attitude of caution and hesitancy, it will become an ineffective instrument to deal with external security challenges. It is this aspect of the danger of the military’s attitudinal change and debilitating of its soldierly responses which the higher commanders must apprise the government of and resist committing troops without the cover of the AFSPA or its diluted form.

Violations of human rights by officers and troops is unacceptable in the Army. Every case reported is thoroughly investigated. From 1995 to 2010, 1400 cases of violation of human rights were reported against the military. Only 54 of these had some substance. This resulted in innumerable court-marshals, where punishments ranged from life imprisonment to termination of services. More than 37 officers were punished. Where else can one find such wilful internal cleansing?

As for the unmarked graves, during the early stages of insurgency in J and K (1999-91) large groups of insurgents, who had earlier crossed over to Pakistan occupied Kashmir (PoK), on the return journey had to traverse through the areas of Poonch and Rajouri to get to the Valley. These groups were intercepted south of Pirpanjal and hundreds of them died in fierce encounters with the security forces. The police could not get anyone to identify the dead and their bodies were buried with the help of locals. In other cases, insurgents from across the LoC and locals died in encounters within the Valley, away from their homes. As such, the police could get no one to identify the dead bodies.

Finally, the abrogation or dilution of provisions of the AFSPA will definitely affect the Army’s ability to conduct, efficiently and resolutely, anti-insurgency operations. The J and K problem calls for a political solution, and integration and assimilation of its people into the national mainstream. It is here that we have miserably failed.n

The writer, a retired Deputy Chief of Army Staff, commanded a corps in J and K during the more virulent period of insurgency.

MIDDLE

Those who live by the sword…
by B.K. Karkra

Those who live by the sword, die by the sword". The words come from none other than Jesus Christ and were spoken in the context of the Zealots, engaged in an underground rebellion against the Roman occupation of Israel. Like the terrorists of today, they were not only inviting Roman reprisals on themselves, but also on their compatriots. Jesus did not at all like the idea of their half-baked armed struggle.

However, these words have positive connotation also and apply equally to the soldiers engaged in the profession of fighting. Since they live by the sword, some of them have to die by the sword. All of them may not get involved in wars in their career spans. Yet, they have to face border skirmishes, deal with terrorists and trouble makers of all hues, operate in tricky terrains and engage in war games and risky manoeuvres. Most of the time, they would have mines, mortar bombs, grenades and the like for company. However, it is the very defiance of death and dangers that gives the soldiers their élan.

While serving with the armed forces, I actively participated in wars, insurgencies and armed skirmishes. However, it was during peace that I came close to losing life on a number of occasions. Once, in the course of a shooting exercise by our heavy mortar battery some bombs went blind i.e. these did not explode. One of my gunners picked up a blind bomb, the fuse of which had detached as a result of the concussion of firing. The bomb without fuse was safe to handle. However, the gunner made the mistake of lifting the fuse also which is a mini bomb in itself. The fuse exploded and blasted his hand. Had it exploded while fitted in the bomb all of us would have been blown to smithereens.

Twice, during the grenade-firing exercises, we barely escaped ending up perforated. In one curious case, the grenade just boiled out of the discharger cup on being fired, cast its clip and fell back in the cup. It was thus ready to explode in the next seven seconds. Showing an admirable presence of mind the firer threw the rifle away for us to escape unhurt.

The most bizarre incident of my life, however, occurred when a primed grenade was put in the hand of a rooky trooper to throw. The fellow lost nerve and kept the grenade on the butt saying, "Sab, ye mere bus ka rog nahi hai" (Sir, it is beyond me). Around three seconds passed in reacting to the simmering grenade and sweeping it away. Instantly, we fell breathless over one another in the trench. The grenade exploded just a moment later and the sand bags on the butt got filled with its splinters. We, the soldiers, however lived to fight yet another day.

OPED Neighbours

Whether it is because of India’s diplomatic initiatives or other reasons, almost every nation in the SAARC region appears to be inclined to start a new chapter in its relations with India. It is flattering for India that in the neghbourhood capitals there is a feeling that New Delhi can play an effective role in their economic growth. And this is quite logical also.
South Asia: Changing perception of India
Syed Nooruzzaman

Prime Minister Manmohan Singh with his Nepalese counterpart Baburam Bhattarai in New Delhi.

The political climate in South Asia is changing for good. This is encouraging for India as well as the South Asian Association for Regional Cooperation (SAARC). Almost every neighbour is showing more interest in India than it did in the past. The development follows growing realisation that economic gains should be given precedence over all other considerations as far as possible. This is an opportunity as well as a challenge for Indian diplomacy. New Delhi has to play its cards dexterously so that the emerging scenario in the region leads to better relations between India and its neighbours.

One can notice the mindset undergoing a change even in Pakistan. A growing number of Pakistanis now do not consider India as their biggest enemy. India has been replaced by the US, as Tehreek-e-Insaaf party chief Imran Khan pointed out recently in New York. The Pakistanis are mortally afraid of the US, whose interests are at variance with those of Pakistan in the Af-Pak area. There is a strong anti-America sentiment visible all over Pakistan. What Maulana Fazlur Rehman of the Jamiat-ul-Ulema Islam, Pakistan, tried to highlight a few years back has started appealing to at least a section of the Pakistanis: Islamabad should do all it can to improve its relations with India primarily in its own interest.

An idea that has often found mention in the political discourse in post-9/11 Pakistan is that it should adopt “the India model of development”. If India has emerged as one of the top economies of the world despite its various problems, Pakistan, too, can show better results on the economic front. There is a lot to learn from India. However, the peace constituency in Pakistan is not big enough to effectively influence the thinking in the Pakistan establishment. Those who are convinced that New Delhi and Islamabad must come together in the interest of stability and speedy growth in South Asia need to work hard to ensure that this constituency becomes bigger and stronger. This may lead to the Pakistan establishment getting forced to abandon the policies which have given birth to a culture of extremism and terrorism in that country.

The move to ease the visa regime in the case of visitors from India and granting the Most-Favoured-Nation status to India — though it is one of the obligations Pakistan had to fulfil under the provisions of the World Trade Organisation (WTO) —appear to be a result of the new thinking in Pakistan. A section of Pakistan’s businessmen, earlier sceptical of any change in the trade regime vis-à-vis India, today believes that their country can gain a lot by going in for bilateral trade with India in a big way. India, too, has displayed a spirit of accommodation by not opposing Pakistan’s efforts for a non-permanent membership of the US Security Council and the European Union’s recent decisions in favour of Islamabad. If India and Pakistan develop greater stake in regional cooperation and bilateral trade, this may lead to not only better India-Pakistan relations but also a positive climate in South Asia.

There is no other major reason why Nepalese Prime Minister Baburam Bhattarai, who visited New Delhi recently talked of ushering in a new era of India-Nepal relations. Though he belongs to the party of the Maoists, who have always been suspicious of India, the pragmatist in Mr Bhattarai knows it well that strong economic relations with India can drastically transform the lives of the Nepalese. Nepal has a massive hydropower potential which can be developed to make it a major energy exporter with India’s help. Much of the power generated in Nepal can be easily exported to energy-hungry India.

The yearning in Bangladesh for a new phase in relations with India could be noticed when Prime Minister Manmohan Singh visited Dhaka a few weeks back. The accords signed between the two countries can benefit Dhaka immensely. Bangladesh’s textiles sector has got a big opportunity to grow faster with India allowing it duty-free access to the vast market in this country.

Myanmar, too, is looking towards India with conciliatory overtones, shedding the old negative attitude. Of course, it has very close relations with China, and Myanmar can never think of New Delhi being a replacement for Beijing as Yangoon moves towards political reforms. China with its veto power in the UN Security Council has been coming to the rescue of Myanmar in times of crisis. Yet the Myanmarese rulers seem to be feeling that the time has come for developing greater understanding with India on various issues. The keenness in Yangoon to allow New Delhi a bigger role in Myanmar’s petroleum sector was not seen before.

The case of Afghanistan is slightly different as it has a history of being well disposed towards India. India has contributed considerably to the rebuilding of war-torn Afghanistan. Now it has shown confidence in India’s capacity to train its security forces, too, to enable them to maintain order. This has raised eyebrows in Pakistan, but the Afghans are determined to go ahead.

However, India has so far been looked at by its neighbours with suspicion. Experts believe that India has to follow a cooperative and mutually beneficial approach in its diplomatic moves. Our neighbours must be made to realise that every move that India makes is basically aimed at transforming the economy of the entire SAARC region, which has no dearth of natural resources. Cooperative diplomacy can enable SAARC to gradually acquire the character and strength of the European Union and contribute immensely to the growth of the countries in South Asia.

There is, in fact, need to evolve a culture of cooperation. This, to a great extent, depends on India-Pakistan relations. Pakistan, which has been a threat to peace and progress in the region because of its short-sighted policies, will have to formulate new policies and change its unhelpful attitude in the growth of the regional economy.

The state of languages in Pakistan
Tariq Hassan

A NATIONAL language not only represents the national identity of a nation but also serves as a mode of communication that binds people living in a country to a common cultural bond.

It fosters mutual understanding that is essential for attaining economic and social development and preserving peace and harmony in society.

The 1973 constitution of Pakistan, like the preceding two — 1956 and 1962 — constitutions, proclaimed Urdu to be the national language of Pakistan and required arrangements to be made for its being used for official and other purposes within 15 years from its commencement. However, after the lapse of more than 30 (60, if one takes into account similar obligations under the previous two constitutions) years, no specific arrangements have been made nor a clear plan or policy has been formulated to attain this constitutional goal (Article 251).

The English language is allowed to be used for official purposes until arrangements are made for its replacement by Urdu. Parliament has not passed any law or formulated any policy to date to ensure the replacement of English by Urdu for official purposes.

The prescription of Urdu as a national language in Pakistan is based on the perception that it is the most commonly used and understood language in the country. The importance given to the understanding of a language is evident in the administration of oaths under the Pakistan constitution, which prefers an oath of office under the constitution to be made to a person in Urdu or a language understood by that person (Article 255[1]). Thus understanding of a language is considered necessary for a person to fulfil his promise or discharge his responsibility.

A National Language Authority has been set up, under the administrative control of the cabinet division, to promote Urdu as the national language. However, the national language and other languages used for official purposes, including the medium of instruction, are under the domain of the education division, which has, oddly enough, not been given the specific task to facilitate the implementation of the constitutional obligation through its educational policies.

Consequently, the 2009 education policy indicates the education division’s universal approach towards language: “English is an international language, and important for competition in a globalised world order. Urdu is our national language that connects people all across Pakistan and is a symbol of national cohesion and integration. In addition, there are mother tongues/local vernaculars in the country that are markers of ethnic and cultural richness and diversity.The challenge is that a child is able to carry forward the cultural assets and be, at the same time, able to compete nationally and internationally.” The education policy thus merely seeks to overcome the linguistic divide in the country between English and non-English medium schools.

Despite the prescription of Urdu as a national language, the Pakistan constitution caters for a multilingual society in Pakistan.

It empowers a provincial assembly to by law prescribe measures for the teaching, promotion and use of a provincial language.

Consequently, the provinces of Sindh and Punjab have enacted laws for teaching, promotion and use of the Sindhi language and establishment of the Punjab Institute of Language, Art and Culture for the promotion of Punjabi respectively.

The Pakistan constitution provides for the preservation and promotion of distinct languages spoken by any section of citizens. This provision is important to enhance the level of understanding of linguistic minorities in the country. It is also in accordance with Pakistan’s international obligation under the International Covenant on Civil and Political Rights, which requires states to allow linguistic minorities to use their own language.

Given the multifarious linguistic interests in the country, the constitutional obligation appears to have been out of focus. No tangible efforts have been made to date to replace English with Urdu or use Urdu for official and other purposes. This apparent constitutional disregard led to a constitutional petition being filed in the Karachi high court against the Federation of Pakistan (2004 CLC 1831).

The petition was, however, dismissed without any proper legal analysis or necessary judicial reasoning. The division bench judgment merely relied on the statements made on behalf of the National Language Authority and the cabinet without either examining the practical significance of the actions purported to have been taken by them or requiring the submission of a credible policy or plan.

The judiciary appears to be complacent about the language and the 2009 National Judicial Policy is, therefore, silent on the issue. Neither the legislature nor the judiciary appear to have done anything to facilitate the implementation of the constitutional obligation .

What is required now is an integrated and concerted effort by all the organs of state to formulate and implement a uniform language policy based on constitutional requirements and their underlying principles.

By arrangement with Dawn, Islamabad.