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On the record by
This above all PROFILE BY
WHAT THE STATES CAN AND must do
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Sexy,
sexy, sexy, mujhe log bolen…
Does anyone remember that naughty,
hip shaking number to which Karishma Kapoor danced in her bushy
eyebrow days: Sexy Sexy Sexy Mujhe Log Bolen—from Khuddar (1994).
The song created so much controversy that the censor board insisted
that the words ‘Sexy Sexy Sexy ‘ be replaced. And the lyrics to
which Karishma, wearing a skimpy little dress, pouted: Neeli Neeli Aaankhen
Meri, Main Kya Karoon Gorey Gorey Gaal Mere, Main Kya Karoon Hont Mere Lal
Lal, Main Kya Karoon Kaley Kaley Baal Mere, Main Kya Karoon….. ….were topped with the words Baby Baby Baby, Mujhe Log Bolen
Hi Baby, Hello Baby, Kyon Bolen? The word ‘sexy’ was chopped off and ‘baby’ inserted, thanks to a ‘vigilant’ censor board which felt that an actress prancing around in a baby doll dress, even while thrusting her pelvis at the audience, and lying on the ground pumping her derriere provocatively, had no reason to call herself ‘sexy’. It would be too much for the Indian audience. So while the gestures remained —-the word ‘sexy’ was removed. Eighteen years later —-we now have a new definition of ‘sexy’, and according to the chairperson of the National Commission for Women, it merely means ‘excitingly beautiful and charming’. She has reportedly said that when women are called ‘sexy’, they should take it sportingly. Even more astonishing is Ms Mamata Sharma’s further advice, ‘If you take it otherwise and get offended, it leads to fights.’ Thus Ms Sharma has decided to become ‘hep’ and happening –saying that young women should not object to being called ‘sexy’ as that is simply another form of flattery. But is it? What’s the context ? The last time I checked the dictionary it still meant ‘arousing or intended to arouse sexual desire’. Of course—-‘sexy’ is now also loosely used in other contexts and anything from an idea to a car can be deemed ‘sexy’ in the modern lexicon. But it is definitely not a passive term. And when a woman is called sexy –it still means ‘arousing’—often a justification to harass or abuse her. Its impact and effect depends largely on who says it and in which context. For the chairperson of the NCW to blandly propose that young women should take it always as a compliment is grossly misleading. Later, after she had been slammed by the media and by irate women members of various groups and political parties, she was forced to backtrack stating that if a stranger, or a sadak chaap Romeo (as Karishma chirps in her song) addresses a woman as ‘sexy’ —it would be condemnable. But this is exactly the point. To begin with, a word like ‘sexy ‘ is loaded with connotations and can only be accepted gracefully by a woman in very limited situations –preferably in an intimate moment, and/or by someone she knows extremely well. In which case no woman will misconstrue its meaning, anyway. If your significant ‘other’ calls you sexy —-you are hardly likely to slap his face! Of course, the description might be used in a lighter, casual vein by those who are still not so close to each other –but this is still very much an upper class urban phenomena. For much of India, where women lead a precarious and insecure existence – it remains a provocative term, through which the user (usually male) is reducing the woman to a mere sex object. This is definitely demeaning and not flattering, Ms Sharma. A more sensitive
NCW If ever used in the public arena, or in the work place —-it could even be taken as sexual harassment. Instead of imbuing it with a falsely pleasant meaning —- the NCW chairperson should have emphasised the importance of what certain words could mean in different contexts. All over the world, not just physical abuse—but verbal harassment has led to the creation of special preventive laws. That this absurd remark could be made by someone who is supposed to be a guardian for the rights of women is appalling. Worryingly, over the years, the National Commission for Women has become just another political sine cure. Apart from the fact that the present chairperson of the commission is a political appointee with apparently little or no understanding of gender issues—even Ms Sharma’s immediate predecessors have not demonstrated a remarkable passion to fight for an equitable balance between the sexes. By simply appointing a woman, the government is under the misconception that gender issues will be addressed. In reality –it is only if an independent-minded, intelligent person, aware of gender imbalances, is carefully selected through a nationwide search and installed as its head—will the NCW make any meaningful contribution. Perhaps at her next public forum, Ms Mamata Sharma should be greeted by the remixed Karishma Kapoor number, which is once again,‘Sexy Sexy Sexy Mujhe Log Bolen ….’ But I genuinely fear she might begin to happily gyrate to it, accepting the song as high praise for her beauty and charm. The irony will be lost on her.
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On the record by
Since he assumed membership of the National Commission for Protection of Child Rights (NCPCR) in 2010, Vinod Kumar Tikoo has taken a highly pro-active stand on several issues involving children’s welfare.
Most recently he directed the West Bengal government to explain crib deaths in Malda after an NCPCR inquiry found hospital facilities woefully inadequate. During public hearings the Commission holds to address child rights violations, Tikoo got schools opened in areas which had none. He also ordered forfeiture of fees Haryana and West Bengal education departments had charged students despite the Right to Education (RTE) Act mandating free elementary education. The NCPCR officially monitors the progress made on the RTE. How do you rate progress of RTE? Progress hasn’t been made to the extent expected. Even something as basic as girls’ toilets hasn’t been provided by most rural schools. We recently visited Karnataka and found Raichur schools had no toilets for girls. If an advanced state like Karnataka is lagging behind, we can imagine what must be happening elsewhere. During another recent visit, we got schools opened in Malda district of West Bengal after discovering that over 600 children in certain island locations called “chars” had never seen a school. There would be several such un-served villages across the country and we can’t visit them all. How many complaints have you received so far and of what nature? Between April 1, 2011 and January 31, 2012, we have received 1150 complaints of violations from across India. About 463 of these pertain to infrastructure issues and range from non availability of classrooms, all weather buildings and school boundaries to lack of functional toilets. Over 202 complaints are admission related such as charging of fee and screening for selections which are now banned by law; 139 complaints pertain to irregular teachers’ attendance or their engagement in non teaching activities and non compliance with teaching norms. Close to 70 are about corporal punishment and 96 relate to non provision of midday meals and school uniform. Lack of infrastructure is the biggest issue. How will the NCPCR’s national guidelines for elimination of corporal punishment in schools help? The RTE Act bans corporal punishment but does not provide for rules. Under the Act itself, the responsibility of framing rules was given to us as we were named as monitoring authorities for the purpose of the law. In that capacity, we have prepared these guidelines for the HRD Ministry to notify. These define corporal punishment for the first time and will be released on March 5, our fifth foundation day. We have divided the punishments into three categories – physical, mental and discrimination. Children will now know what they are protected against. You’ve also recommended de-recognition of schools...? Yes, that provision has been made for the purpose of deterrence. Recurrence of crime can’t be tolerated. It will have to be penalised. Any school that repeatedly violates the law should lose recognition from the state board. For this to happen, states would also have to act tough. Only 13 states have constituted child rights commissions...? States have been repeatedly told to set up State Commissions for Protection of Child Rights so that grievances are properly redressed. In the absence of State Commissions, the load of the National Commission increases manifold. Gradually, grievance redressal mechanisms would also have to be established at state, district, block and panchayat level. Labour Act permits children below 14 to work in some industries whereas the RTE Act mandates free education for 6 to 14 year olds? There is a clear discrepancy in the two laws and we have told the Ministry of Labour to address the issue. Earlier they were not very forthcoming but now we are told they would consider amending the existing child labour law and impose blanket ban on child
labour. |
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This above all
There was a time when Kapil Sibal used to drop in the evenings. He was going through a phase of composing poetry in English and wanted my approval. Invariably, I approved of them. He chuckled with delight and went home with a broad smile on his face. Now he has a collection of his works put together and published, My World Within (Roli Books). I give a few samples of his composition: Footprints of history // are – yesterdays gone by,
Memories linger as milestones // until we say good-bye. Thoughts are pauses, commas // of a present on the move,
No future lies without a past // with which it is suffused. n
n n Heavenly marriage
On their way to get married, a young Catholic couple is involved in a fatal car accident. The couple finds themselves sitting outside the pearly gates waiting for St. Peter to return. While waiting, they begin to wonder. Could we possibly get married in Heaven ? When St. Peter showed up, they asked him. St. Peter said, “I don’t know. This is the first time anyone has asked. Let me go and find out”. And he leaves.
The couple sat and waited, and waited. Two months passed and the couple is still waiting. As they waited, they discussed that if they were allowed to get married in Heaven, what was the eternal aspect of it all. “What if it doesn’t work?” they wondered. “Are we stuck together forever?” After yet another month, St. Peter finally returns, looking somewhat bedraggled. “Yes”, he informs the couple, “you can get married in Heaven”.
“Great!” said the couple, “But we were just wondering, what if things don’t work out? Could we also get a divorce in Heaven?” St. Peter, red-faced with anger, slams his clipboard onto the ground. “What’s wrong?” he asked the frightened couple. “Oh, Come on!” St. Peter shouts, “It took me three months to find a priest up here! Do you have any idea how long it will take me to find a Lawyer?” (Courtesy: Vipin Buckshey, Delhi) Banga philosophy In Bengal, philosophy was a way of life. Forty years ago, I went to Howrah station to enquire if I could book a sleeper for a particular day. At that hour of the day, no one was around. “Excuse me”, I began, “Is it possible…” “In this life”, interrupted the middle-aged Bengali Babu, “all things are possible. Man alone is nothing. Life itself is only transitory. Nevertheless, all things can be accomplished”. He continued in this vein for several minutes, even quoting slokas from the Gita before I was able to take advantage of a moment’s pause to rephrase my question: “Can I book a sleeper on the Kalka Mail”. The booking clerk looked me straight in the eyes and without the slightest hesitation, replied, “On that day, it is not possible”.
n
n n Weight loss Overheard in a leading bookstore : A roly-poly lady asked the sales girl, “Do you have the book “How to lose weight?” “Sorry, Madam, we’ve just sold the last copy. Would you like ‘How to gain weight’ by the same author ?”
“Are you making fun of me,” she fumed. “Not at all, Madam. Just do the opposite of what the book recommends”. (Contributed by Reeten
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PROFILE BY Born in Karimganj district of Assam, Choudhury’s grandmother’s brother, Gurusaday Dutt, ICS, named him Chirakumar. But his father did not like it; he changed it to Chiraranjan Dutt Choudhury. He assumed the name, Khaled (though he did not change his religion) in 1943 and it remained with him. When he landed in Sylhet as a teenager, the Second World War had begun and everything in undivided Bengal was in chaos. Talented as he was, Khaled survived on his drawing skills. His flair for lettering got him jobs in designing hoardings, posters and signboards. Khaled’s desire to learn brought him to Calcutta in 1944. He was a young man of 25 and almost penniless. His only possessions were some of the sketches he had drawn. The principal of the Government Art College, Joynul Abedin, went through the young artist’s sketches and remarked “you don’t need to join the art school”. There was nothing that the art school could teach him that he did not know already. Khaled came in contact with the then Communist Party’s cultural wing, which later became IPTA (Indian People’s Theatre Association). He not only drew posters for the cultural wing but also sang on stage. “Due to my IPTA connection, I found a place to live in Calcutta and came close to Joynul Abedin. He used to give me illustration jobs in magazines”, Khaled recalls. He says “one could learn a lot just by watching Joynul Sahib working. It is a pity that he left for East Pakistan (now Bangladesh) after the 1946 riots”. Sambhu Mitra, who was already a theatre personality, was a frequent visitor to Khaled’s rented flat. Mitra, too, had left IPTA and formed Bohurupee (multi-faceted) with his wife Tripti. MItra wanted Khaled to deign the stage for Bohurupee’s production of Tagore’s Rakto-karabi (Red Oleander). He did it with success and never looked back. Khaled recalls, “ I did not have any knowledge of stagecraft and Rakto-Karabi was the real acid test. It was a huge production. I was following everything intently during the rehearsals, and finally the visuals started emerging.” Films did not attract him, though he occasionally designed publicity material. He also created dummy castles for Mrinal Sen. An idealist to the core, Khaled, now 93, is a bachelor, and resides in Kolkata. Though a prodigy, he never sought publicity for himself and also refused financial assistance from many sources. He lives a simple life and maintains a low profile.
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WHAT THE STATES CAN AND must do In this context it may not be out of place to recall that, for the past several decades, the States have failed to accept the Union Home Ministry’s repeated exhortations regarding the crucial need for implementing Police Reforms. It is a matter for both shame and grave concern that after over six decades since Independence, almost all the State Police Organisations function within a law which was enacted by our colonial masters a century and a half ago! It also needs being noted that internal security cannot be effectively managed unless the entire framework of the Criminal Justice system functions with speed, fairness and transparent honesty. As per recent reports, over two crore criminal cases were awaiting trial and an equal number of crimes were pending investigation. This situation, alongside progressively declining conviction rates, has rightly contributed to the public perception that crime is ‘a low risk, high profit business’. Besides the enormous logistical inadequacies which mar the functioning of the justice delivery system, the integrity of the subordinate judiciary has become increasingly disreputable and, recently, serious allegations have been raised against even those who man the highest echelons in the judicial system, up to the august level of the Chief Justice of India. It is unnecessary to debate that the most urgent steps need to be taken to enforce judicial standards and accountability, clean up the entire justice administration apparatus and enlarge and strengthen it adequately to deliver speedy and effective justice. Another cause for serious concern is that while we continue to live with a good number of outdated laws, many of which were enacted during the colonial period or in the early years of our Independence, we still do not have an adequately comprehensive law, applicable to the entire country, which can effectively meet the requirements of dealing with terrorist offences, cyber crimes, and the speedily growing criminality which poses a grave threat to the very unity and integrity of our country. Economic offences & corruption It is necessary that a well considered law, enforceable in the entire country, is enacted on the most urgent basis. We also need a comprehensive law for dealing with serious economic offences which, if not prevented, controlled and firmly dealt with deterrent steps, would have the potential of suddenly disrupting the entire national economy. It also needs to be kept in view that varied threats to national security originate from corruption in the administrative system. In the past years several major scams and scandals have been brought to light. As per the Corruption Index, recently released by Transparency International, India’s position has further declined since 2009 and now stands at number 87 in a list of 178 countries. Corruption retards progress and breeds delay, inefficiency and unaccountability in the governmental machinery. A corrupt administration generates frustration, anger and disgust among the people, paving the way for their alienation and attraction to extremist ideologies. Further, the corrupt elements in the governance systems, who enjoy close linkages with known criminal and anti-national elements, have the opportunity of sabotaging and subverting the highest national interests from within the establishments in which they are entrenched. The Centre and the States need to consider the most urgent and ruthless measures for eliminating corruption at all levels, starting from the top-most echelons in all arenas of functioning, including the judicial system. As regards the subversion of security interests from within the governmental systems it may not be out of place to recall that, after the Mumbai serial blasts in March 1993, the Central Government had set up an inter-Ministerial Committee (chaired by the Union Home Secretary) to ascertain, inter alia, how the Dawood Ibrahim criminal gang had succeeded in bringing several tons of RDX into Mumbai city to carry out the bombings. This Committee had concluded (referred to as the ‘Vohra Committee Report’ or the ‘Criminal Nexus Report’) that criminal activities can be carried out virtually unfettered because of the existence, in several parts of India, of an unwholesome nexus between corrupt politicians, dishonest public servants and organised crime/mafia gangs. It would be beneficial to urgently review and determine whether adequate follow-up action was taken in furtherance of the conclusion arrived at by this Committee and, if not, what more needs to be done. In my opinion the said criminal nexus, which has very significantly spread in its scale and strength since 1993, is the source of grave threats to national security. Trained manpower Another area of serious concern relates to the lack of adequately trained and experienced functionaries who could be suitably deployed to man the nation-wide security administration apparatus. For meeting this objective it shall be necessary, in the first instance, to raise a cadre of functionaries who have been especially trained for operating the agencies of the Central security apparatus all over the country. So far, only the Intelligence Bureau in the Union Home Ministry has a cadre of deputationist Indian Police Service officers who comprise the core cadre of the Bureau and are thus enabled to spend their entire careers in this agency, other things being equal. The external intelligence agency, R&AW, which has been in existence for over four decades now, has been facing serious personnel-related problems for having failed to develop a trained and trustworthy cadre. It is a matter for serious concern that despite the grave threats to the country in the past years, it has still to be accepted that the effective management of national security cannot be entrusted to persons who do not have adequate training, experience and the aptitude for working in this important arena. It is, therefore, necessary that the highest priority is accorded to raising a pool of adequately trained, experienced and trustworthy functionaries, who can be assigned to man the posts in the entire security management apparatus, all over the country. In this context I had proposed (Report of the Government of India Task Force on Internal Security; September 2000) a broad framework for raising a pool of trained officers for manning the Central Government’s security administration machinery. The Group of Ministers (GoM), chaired by the Union Home Minister, had approved the approach recommended by me. This was in early 2001. Nearly a decade has since elapsed and the GoM’s decision has still to be implemented. It is evident that this matter is not considered important enough to merit any attention. I would conclude by reiterating the following
aspects:
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India faces serious security threats from numerous sources, from within the country and across its frontiers. l
The States have not displayed the requisite political commitment to devote the required attention to effectively manage Internal Security. Consequently, the State Police Forces have limited demonstrated capacity to deal with serious Internal Security situations on their own. l
Within the Union-States understandings, which have so far evolved in the arena of national security management, the Central Government does not have the authority to suo motu deploy Central Police Forces to timely deal with an emerging disorder in any State, notwithstanding the Union’s duty to protect the States against internal disturbances. l
The Union also does not have the authority to take cognizance and immediately proceed to investigate even a terrorist crime, or a major criminal offence with nation-wide ramifications, without following the prescribed consultative procedures. The inherent delay in operating within such a system is bound to result in the failure of investigations, considering the speed and accuracy with which the mafia and terror groups strike. l
For the past many years now, successive governments at the Centre have been holding consultations with the CMs of States for securing agreement about the necessity to establish a Federal/Central agency which has the authority to suo motu take up investigation of federal offences/major crimes which have inter-state ramifications and grave implications for National Security. The requisite understanding on this crucial issue has not so far emerged. However, in the wake of the 26/11 attack at Mumbai, a National Investigation Agency (NIA) was established after Parliament hurriedly passed the NIA Act in end 2008. The NIA has the authority to investigate and prosecute certain specified offences which affect National Security. The experience so far has shown that the State Police authorities take their own time in handing over to the NIA even major crime cases which may have inter-State ramifications. l
Many offences, including major IPC crimes, which could be directly linked to terrorist activities, have not been brought under the NIA’s jurisdiction. The NIA, as presently constituted, does not have the authority to preempt or prevent a terror crime, even in coordination with the concerned States. No time to negotiate with states In my view, no further debate is required to conclude that terrorism related crimes cannot be dealt with by the security management apparatus which presently obtains in our country. It is also clear that no more time is available for continuing negotiations with the States to bring them around. The required legal and institutional arrangements need to be put in place on the most urgent basis for establishing a duly empowered umbrella national agency for the effective management of National Security, in close coordination with the States. Equally important, the States would need to be suitably assisted and empowered to take over larger responsibilities so that they become progressively capable of satisfactorily managing Internal Security situations of varied kinds on their own or in collaboration with the neighbouring States. If the required Union- States agreements cannot be arrived at without further loss of time, the Union would need to seriously consider bringing about the required amendments to the Constitution of India or carrying through a supporting legislation under Article 355 to empower itself to effectively discharge its responsibility for managing National Security with the close cooperation of the States. I would conclude by saying that all political parties, irrespective of their ideologies and differences, must urgently close ranks and unanimously agree to take all required decisions which shall ensure that the country’s integrity and security is protected and safeguarded under all circumstances. Concluded For Part I and II of the article,
The author is currently the Governor of Jammu and Kashmir. He is also a former Defence Secretary, Home Secretary, Principal Secretary to the Prime Minister and chaired the National Task Force on internal security in 2000. The article is adapted from his talk on ‘National Security Concerns’, delivered as the 28th C.D. Deshmukh Memorial Lecture at the India International Centre, New Delhi, in 2011. |
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He
Most States have also not so far implemented the Supreme Court’s directions for carrying out fundamental reforms in regard to the functioning of the Police. In the Chief Minister’s Conference on Internal Security held in 2010, it was disclosed that 22 States have not yet enacted a new Police Act; 19 States have yet to set up Police Complaints Authorities; 24 States have not yet established State Security Commissions; most States have not yet segregated the ‘law and order’ and ‘investigation’ functions, nor set up separate Intelligence and Anti-Terrorist wings.