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The cloud clears out
Punjab’s killer factories
Bleeding wounds |
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Ignored cause of Dalit uplift
Generation gap
Time for secular Indian marriages
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The cloud clears out
THE
Supreme Court deserves to be commended for having dismissed a petition against the appointment of Lt Gen Bikram Singh as the next Army Chief in unambiguous terms. For an army whose morale has suffered incalculable damage as a fallout of the age row of outgoing chief General V.K. Singh, it was indeed necessary that the Supreme Court deal with the issues raised against General Bikram Singh expeditiously and decisively, which the court has done. The Indian armed forces have been an epitome of communal harmony and it was most unfortunate that the petitioners—men of stature as former Naval Chief Admiral L.R. Ramdas and former Chief Election Commissioner N. Gopalaswamy, among others--- imputed that the decision to appoint General Bikram Singh was inspired by lobbying by the Sikh Gurudwara Parbandhak Committee and the motivated moves by then Army Chief J.J. Singh in 2005 to ensure General Bikram Singh’s elevation. That the Supreme Court bench of Justices R.M. Lodha and H.L. Gokhale described these imputations as “very unfortunate” should put to rest these allegations with communal overtones. The petition against General Bikram Singh had relied on two grounds—his alleged role in a 2001 fake encounter and the reported excesses committed by the Indian forces in Congo in 2007 when General Bikram Singh was commander of the UN peacekeeping forces in that country. Rejecting the first charge the court pointed out that an encounter in which a colonel had been shot dead, a jawan killed and a lieutenant injured could hardly be deemed a ‘fake’ one. As the Attorney General emphasized, Bikram Singh himself was shot in the back and was operated upon for bullet wounds. On the second charge Justice Lodha referred to the Cabinet file during the court’s lunch recess and found that then Lt General Bikram Singh was not part of the Indian contingent posted in Congo. Instead, he was on “secondment” with the United Nations. As for the SGPC if it did ‘lobby’ for the General it was unwise but it cannot be deemed a disqualification. With the apex court having given its verdict, General Bikram Singh must now gear up to restore the morale of the officers and men of the force when he takes office. On General V.K. Singh’s part it would be apt if he tells his supporters not to muddy the waters any more for his successor.
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Punjab’s killer
factories
THE
full magnitude of the tragedy that unfolded with the collapse of a
factory building in Jalandhar on the night of April 15 is being
realised slowly. From the initial reports of eight deaths the toll has
almost tripled. Quite a number of migrant workers who came here to
earn a living had their limbs amputated. Some of the women who joined
their husbands to supplement family income will return home as widows.
No amount of compensation will make up their loss. How many children
lie buried under the debris or escaped is anybody’s guess. A
thorough inquiry should reveal the real cause of the mishap,
shortcomings in the response mechanism and name the villains.
Allegations about illegalities committed in the construction of the
ill-fated building have been proved true by subsequent investigations.
The building was raised beyond the sanctioned height and its built-up
area exceeded the prescribed limit. The Additional Director of
Factories says he has one-fourth of the sanctioned staff to enforce
the rules. The admission points to a possible similar situation in
other regulatory offices. There might be several industrial buildings
in Jalandhar and elsewhere raised on weak foundations in utter
disregard of the construction bylaws, given the lax rule enforcement
— not to talk of influence peddling, corruption and political
patronage of builders and industrialists. A sleepy government has
been woken up by a rude shock. It has discovered how ill-equipped and
ill-staffed the administration is in detecting and controlling
industrial disasters. The rescue work has lingered. There is still no
finality about the number of dead and injured. The basic protection
and rights extended to workers under the labour laws were denied to
the labour from Bihar. Chief Minister Parkash Singh Badal will have to
move from the “let-us-pray” stage to seriously take stock of the
situation to prevent future industrial mishaps. The real test of the
government will be in how sincerely and effectively it carries out the
safety audit and subsequently takes corrective action.
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Bleeding wounds
IT
was in 1984 that hundreds of Sikhs were killed in New Delhi, following the assassination of the then Prime Minister Indira Gandhi. Sajjan Kumar, who was then a Member of Parliament, has been charged, along with five others, for allegedly killing six persons in the Delhi Cantonment area during the riots that followed. The charges against the senior Congress leader were framed on the recommendation of the GT Nanavati Commission that inquired into the riots. The wheels of justice have been excruciatingly slow in bringing the few, who were accused of the killings, to justice. In the first instance, as the court was told by the CBI prosecutor, a conspiracy, with the complicity of the police and patronage of local politicians, ensured a major cover-up. Thus, most of the perpetrators of violence managed to go scot-free. Taking the case of the Cantonment area alone, the Nanavati Commission quoted the official casualty figure at 341. A total of 385 houses, 110 shops and 45 vehicles were burnt. Yet, police officials did their utmost to minimise the magnitude of the crime, and thus, if police records are to be believed, there was no killing in the Delhi Cantonment area between October 31 and November 6, 1984. This statement did not stand the test of time. There has never been any doubt in popular perception that there was widespread complicity in covering up a conspiracy to kill hundreds of innocent people. The fact that no prominent person was brought to book for this heinous act has made this an open wound, one that reopens at the slightest provocation. Much has healed, and many people have moved on and dealt with the aftermath of the killings of 1984. However, for those who were directly affected, there has been a sense of denial of justice. For them, the case against those accused of the killings must be taken to its logical end, without undue delay. |
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In politics stupidity is not a handicap.— Napoleon Bonaparte
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Ignored cause of Dalit uplift
WHEN an Australian editor posed a question to the Indian Press why it never had a Dalit, the untouchable, at a top position in journalism, I felt embarrassed. I considered it an omission which should have been rectified long ago and felt confident that it would happen before long. But after noticing that no attention was paid a few days ago to the 121st
anniversary of Dr B.R. Ambedkar, a Gandhi for the Dalits, I have come to
believe that the discrimination against the Dalits is a prejudice which would take many decades to wear off. They are at the lowest rung of the Hindu society which develops a bias against them at an early age and has no shame in perpetuating it. The only thing to remind Dr Ambedkar was a full-page advertisement sponsored by the Central government in leading newspapers. There was also a small
function around his portrait in the Central Hall of Parliament which is out
of bounds for an ordinary citizen. I did not see television channels showing
any programme on Dr Ambedkar, nor did I find any edit or article in any
newspaper to recall his services. Dr Ambedkar is the framer of India's Constitution and we owe the parliamentary system to him. This is enshrined in the Constitution. I recall how boldly he stood in Parliament to have a provision against untouchability, the bane of Hindu society, and how he expressed hope that the prejudice would disappear. Yet the upper caste has proved him wrong. Reservations given to the Scheduled Castes, namely the Dalits, are laid down in the Constitution. But this was despite his opposition. He was against reservations which he compared with crutches, but the then Prime Minister, Jawaharlal Nehru, and other Congress leaders prevailed upon him to accept the provision for 10 years. Little did Dr Ambedkar realise at that time that political parties on the
one hand and the vested interests among the Dalits, particularly the creamy
layer, on the other would go on prolonging the reservations for electoral
advantage. So demanding is this consideration that reservations are given
extensions decade after decade without a debate in Parliament. The Hindu society should be grateful to Dr Ambedkar that he and his
followers embraced Buddhism. He had threatened to convert to Islam along with his Dalit followers to escape discrimination. Mahatma Gandhi beseeched him and even threatened to go on fast unto death. Dr Ambedkar bowed before the wishes of Gandhi but refused to return to the fold of Hinduism. Even conversion has not helped the dalits. They are more or less treated in
Islam, Christianity or Sikhism in the same way as in the Hindu society. The
Dalits carry the tag of discrimination and helplessness wherever they go,
although the three religions claim equality for their followers. Therefore,
the dalits have not escaped the rigours of the caste system even outside Hinduism. The Sachar Committee has pointed out the inhuman treatment meted out to them even when they have embraced Islam. Gandhiji christened the dalit as Harijan, son of God. But it reflected a
patronising attitude which the dailit scornfully rejected. Why the
Dalits, who constitute some 17 per cent of India's population, have continued to stay in the Hindu society despite all the insults heaped on them is beyond my comprehension. They have never revolted nor have they taken any step to harm the Hindu society which still does not give them even a modicum of individuality. A few years ago some dalits, led by Kanshi Ram, constituted a political
party of their own, the Bahujan Samaj Party (BSP). It has won them political
recognition but not social status. Former Uttar Pradesh Chief Minister Mayawati, despite corruption and her authoritarian trait, has given the Dalits the feeling that they can go to the police station and register complaints. They are offered even chairs as is the case with members of other communities. Home Minister P. Chidambaram's advice to the Dalits to join major parties to enjoy power does not mean much. They followed the Congress faithfully for 45 years. But their lot has remained the same as it was. Even now the Dalits carry night soil on their head. The government proposes to prohibit the practice which was contemplated 50 years ago. The home ministry issued instructions even at that time. Apparently, very little has happened since then because the government is enacting a law to stop the practice. The Dalits would do well if they were to refuse to carry night soil on their head. Yet they are economically so poor that they cannot afford to risk the livelihood. At the same time, crimes against the Dalits have not lessened. There is a
proposal to give arms to them in what are called “atrocity-prone areas.” Obviously, the government has failed to protect the Dalits and their property. Unfortunately, the police force is also on the side of the landlords and other vested interests who treat the Dalits as their subject like the maharajas used to do. Official figures reveal that there is a huge backlog of cases relating to
the atrocities committed against the Dalits. Had the Centre been serious
about preventing atrocities against them, it would have taken measures like
special courts, fast track prosecution and steps to dispose of cases quickly. Strangely, the Patna High Court has acquitted all the 23 persons accused of perpetrating the massacre of 21 Dalits at Bathani Tola in Bhojpur. It should have been clear by now that no law or no government action can do
away with the evil of untouchability. You cannot succeed if the mindset does
not change. What the children have grown up with in the name of tradition or religion is prejudiced and cannot be effaced until society is forced to
give up bias which has got entrenched. The country needs a social revolution. Alas, I do not find any meaningful movement to bring it about. Take, for example, the belief that girls are a burden. How many of them are killed either in the womb or after birth is not possible to count. That it happens mostly in North India, particularly in Punjab, Haryana, Rajasthan and UP, is no solace. A sustained effort to change the mindset and remove the clogs of superstition can make a dent into this widely prevailing evil. But no political party is interested in doing so. Nor are the activists because they are aiming at economic changes. Social problems are begging for
attention.
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Generation gap
It was in 1986 that I had gone to London for the first time, to cover the World Cup Hockey Tournament. It was technology, especially that used in the transmission of news stories from the media centre to our respective newspaper organisations, that not only impressed me but also made me envious of fellow journalists from Western nations who had been using that technology. How backward we were then was apparent when on my return I talked about the fax (facsimile) machine that I saw being used for the first time. Stunning was the experience as to how the exact impression of the copy put in the machine would get on the other side. Though I saw both outgoing and incoming copy, I was amazed at the advancement of technology. On my return I, however, could not convince my then News Editor about the existence of such technology. He laughed at me, saying my trip to London, the first-ever foreign assignment for a Tribune Reporter, had gone to my head. I had no means to convince him about how a fax machine worked on a telephone line. Every time I would share my other experiences in London, he would look at me in disbelief as if I was revealing fantasies and not real incidents. Five years later (1991) I had gone to New Zealand for covering the first ever Olympic Hockey Qualifying Tournament. On my way back I bought a National Panasonic fax machine from Hong Kong. So here was my chance to prove my point to my News Editor. One day I carried the machine to office to show it to him. But, then, how do we test it. No one we knew had a fax machine. Somehow we managed to locate a friend in Delhi who had the machine. So, we called him to request him that the moment he received a message transmitted to him by us, he should read it out to us. The test started in the presence of all my newsroom colleagues who had assembled in the News Editor’s room to see the “miracle” machine. After a couple of minutes of synchronisation, transmission started. Then came the call and the message received by our friend in Delhi who, in turn, read it out to us. Perhaps, my News Editor was still not convinced. “You must have read out the message to him before coming to office. Now you are playing a game with us,” rued my boss, who otherwise was stunned by the way the whole operation was carried out. His reaction, totally unexpected, baffled me. The whole exercise of buying such an expensive machine and bringing it to office had apparently gone waste. “OK, OK”, I told my News Editor. “Why don’t you write a message in your own hand and we will transmit to him and ask him to read it out,” I suggested. He agreed and wrote down a few lines on a piece of paper. That new sample was also transmitted to our friend in Delhi. He read it out. The News Editor was now clueless and everyone in his room was convinced. The News Editor, however, had the last laugh as he quipped: ”Whatever you may do, I still don’t believe it.”
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Time for secular Indian marriages During the current Budget session, Parliament proposes to amend the Registration of Births and Deaths Act, 1969, to include compulsory registration of marriages, without mentioning the religion of the parties involved.
The proposal aims to protect women from unnecessary harassment in matrimonial and maintenance cases by providing them a handy proof of marriage. However, that goal may not be achieved by merely registering marriages under the births and deaths Act, unless amendments are also carried out in the Hindu Marriage Act and other personal laws. It is assumed that the infrastructure for registration of births and deaths is already available, thus only the addition of marriage registration to the existing law is required. Registration is also expected to provide evidence in matters of custody of children and protect the rights of children born from wedlock, besides providing legal protection to couples in cases of inter-religious matrimony. Above all, it is being seen as protection for brides or grooms who solemnise hasty marriages with NRIs. It would supplement efforts of state governments to register NRI marriages, especially of girls hailing from rural areas. No common law India has different family laws for different religious communities, based on their personal laws. Article 44 of the Constitution requires the State to secure for the citizens of India a uniform Civil Code. However, it is only a directive principle, therefore cannot be enforced. Accordingly, India is a unique blend and merger of codified personal laws of Hindus, Christians, Parsis and, to an extent, Muslim laws. The Hindu Marriage Act (HMA), 1955, codifies the law relating to marriages among Hindus, who "include" Buddhists, Jains or Sikhs. For those who do not profess any religion or are foreigners, there is the Special Marriage Act, 1954 (SMA). The Foreign Marriage Act, 1969, makes provisions relating to marriage of citizens of India resident outside the country. There exists no uniform family-related law in a single statutory book that may be applicable to Indians of all religious communities. Polygamous relationships are not recognised, except under the Muslim Personal Law. Live-in relationships may not be accepted in a traditional Indian society, they have found legislative acceptance after the enactment of the Protection of Women from Domestic Violence Act, 2005.
The Hindu law This lack of will on the part of the Indian legislature to enact a compulsory law for registration of marriages had prompted the Supreme Court in the "Seema vs Ashwani Kumar" case to issue directions to all states in 2006 to promulgate rules for compulsory registration of marriages in a time-bound period, irrespective of the religion of parties. This reform — spearheaded by the National Commission for Women — was on a progressive note to hinder child marriage, prevent marriage without consent of parties, check bigamy or polygamy, enable women's rights of maintenance, inheritance and residence, besides deterring desertion of spouses. However, despite six years having gone by, the court mandate has not been implemented by all states. Goa model The family laws in force in Goa, Daman and Diu relating to marriage, divorce, children and succession are primarily derived from the Portuguese Civil Code of 1867. By the Goa, Daman and Diu (Administration) Act, 1962, Parliament decided to continue with the Portuguese laws (in force at the time of liberation) there until amended or repealed by the legislature. A law for marriage as a civil contract came in force in Goa, Daman and Diu on May 26, 1911. Marriage in the state of Goa, thus, is a civil contract solemnised between two persons of different sex with the purpose of legitimately constituting a family. The solemnisation of marriage is by compulsory civil registration, leaving it open to parties to undergo personal law ceremonies optionally. All Indian citizens and foreigners in Goa adhere to the Civil Family Law Code of Goa.
Registration optional As things stand today, under the HMA, performance of customary rites of marriage is compulsory, whereas registration is optional. Questions relating to whether registration of marriage is substantial proof of Hindu marriage, and whether a certificate of marriage being a public document allows presumption of a valid marriage under the Indian Evidence Act, have often posed problems for parties. The purpose of registration of Hindu marriages is to facilitate proof of marriage. But the entry of the particulars of the marriage in a Hindu Marriage Register is optional, and the validity of marriage is in no way affected if it is not registered. The registration pre-supposes performance of a valid ceremonial marriage. Thus, performance of Saptpadi (taking of seven steps by the couple jointly before the sacred fire) is a sine qua non for solemnising a Hindu marriage. The extract of the Hindu Marriage Register, which contains the statements of parties of such a marriage, is not considered substantial evidence to prove the marriage when one of the parties repudiates or denies the same. It may be conclusive proof for all other purposes concerning third parties. It is significant that no third party or public authority can hold that a certificate of Hindu marriage is not substantial proof of marriage. However, if one of the parties in a marriage denies, repudiates or declines the entry in such a Hindu marriage register, then it is for the other party to establish that the marriage was solemnised by customary rites. Merely registering particulars in a Hindu marriage register will not go to show that the marriage was solemnised in accordance with the HMA. The marriage certificate only proves that the parties have made such statements before the Registrar of Marriages. The marriage certificate being a public document, favourable presumptions can be drawn under the Indian Evidence Act, subject to their being questioned by parties to the marriage themselves. However, for all others, the marriage certificate may be conclusive evidence.
Law in a flux The Haryana Compulsory Registration of Marriages Act, 2007, enacted to provide for compulsory registration of marriages solemnised in the state, irrespective of caste, religion and creed, also authorises the Registrar of Marriages to decline registration of marriage if it is not performed in accordance with the personal law applicable to the parties. The law enacted pursuant to the 2006 Supreme Court directions pre-supposes performance of Hindu rites and ceremonies as an essential condition. Punjab and Chandigarh have not made any such compulsory Marriage Registration Act. If the registration of marriages is made compulsory under the Registration of Births and Deaths Act, 1969, without corresponding amendments to the HMA or other personal laws, the dilemma will remain. Until registration of marriages is also made mandatory and compulsory under the HMA and other personal laws, the exercise will remain incomplete. If parties to a Hindu marriage choose to repudiate or contradict a compulsory registration under the new law, the very solemnisation of marriage will have to be established under the HMA, since registration alone will not serve the purpose.
The escape route will, thus, remain. It is, therefore, essential that in tandem with the proposed marriage registration law, registration is also made compulsory under the HMA and other personal laws. The Goa model, which has survived the test of time for 450 years, is a useful example for examination in this context. Our lawmakers would do well if they harmonised the proposed marriage registration law with other prevalent personal family laws to make the registration laws a success. A wholesome overhaul is better than a piecemeal exercise. The laudable purposes must not be lost in lofty announcements. The writer is an advocate practising at the Punjab and Haryana High Court, and member of the UT NRI Cell, Chandigarh
Securing
the knot n
The Union Cabinet has
approved the Bill to amend the Registration of Births and Deaths
Act, 1969, to include registration of marriages. n
The Cabinet also approved amendment in the Anand Marriage Act, 1909, to provide for registration of marriages under this Act. n
At present, registration of marriages under the Hindu Marriage Act, 1955, is optional, only performance of customary rites is mandatory. n
The proposed Bills would prevent harassment of women in matrimonial and maintenance cases by providing proof of marriage. n
The Supreme Court in February 2006 directed the Central and state governments that marriage of all citizens, irrespective of religion, should be made compulsory. n
The Committee on Empowerment of Women (2006-2007) in its 12th Report (14th Lok Sabha) on "Plight of Indian women deserted by Indian husbands" has viewed that all marriages, irrespective of religion, should be compulsorily registered. n
Under the Registration of Births and Deaths Act, 1969, provisions exist for a registration establishment consisting of Registrar-General, Chief Registrar and Registration Division, district registrars and registrars. If this Act is suitably amended to include registration of marriages, the existing administrative mechanisms will be able to register marriages too, and maintain records. n
Rules for compulsory registration of births and deaths have been framed by all state governments and Union territory administrations. Therefore, if the Act is amended to include registration of marriages as well, the existing administrative mechanisms will be able to carry out such registration of marriages also. n
The registration of marriages under the proposed amendment
of the Registration of Births and Deaths Act is not to affect any
right recognised or acquired by any party to marriage under any
law, custom or usage.
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The principal legislation, the HMA, under which marriage is a sacrament, lays down that a "Hindu marriage" may be solemnised in accordance with the customary rites and ceremonies of either party. Registration of Hindu marriages is optional, and state governments may make rules providing for it. However, this societal practice of optional registration has not served the test of time.