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Going after the corrupt
Nepal on edge again |
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Distorting face
Citizens’ right to public space
Siesta on a summer Sunday
A foe China would hate to kill
What after the present Dalai Lama
Securing a monk
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Going after the corrupt
The
Punjab and Haryana High Court has ruled that no prior sanction is required under Section 19 of the Prevention of Corruption Act for proceeding against an employee who can be removed by authorities other than the government. A patwari who can be removed by a deputy commissioner stands stripped of the benefit of prior sanction. It is not uncommon to see junior officials engaging in illegal acts at the behest of senior officers, who tend to bail them out in case of trouble. The judgement removes a hurdle that often delays, and sometimes frustrates, police/CBI action against officials accused of graft. Corruption will not go unless attacked at the top first. For this the Supreme Court has delivered a helpful judgement on a petition of Subramanian Swamy after the Prime Minister’s Office refused permission for the prosecution of former Telecom Minister A. Raja. The apex court held in January this year that if a government does not decide on prior sanction for prosecution in three months – and four months if the Attorney General’s opinion is required – then the civil servant concerned can be proceeded against regardless of sanction. The judgement has provided relief to the CBI, which has often faced problems as governments sleep over its applications for permission to prosecute civil servants, including ministers and bureaucrats. Section 19 provides an umbrella of protection to officials so that they are not harassed over frivolous complaints. But the authorities at the top, especially Chief Ministers and Governors, have often used this provision to protect their favourite officers and ministers against whom the police or the CBI prima facie has sufficient evidence. As scandals have become common and amounts involved are astronomical, a public outcry has forced the government to bring in a Lokpal Bill, which has done away with the provision of prior sanction, at least in cases to be vetted by the Lokpal. Since the Lokpal Bill has been put on ice, courts are doing their bit to demolish walls raised to shield the corrupt.
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Nepal on edge again
The
squabbling political class of Nepal has brought the Himalayan nation to the edge of a precipice again. Their unending difference over the country’s constitution led to Prime Minister Baburam Bhattarai’s Cabinet on Sunday evening recommending dissolution of the Constituent Assembly and holding of fresh elections on November 22. The deadline of May 27 for preparing the final draft of the constitution could not be extended because of a court verdict putting a restriction on it. The new Constituent Assembly will take its own time to write the constitution. Contentious issues like those relating to the federal character may prolong the discussions that will be held after November. Thus, it is difficult to say when Nepal will get its constitution to hold parliamentary elections to form a democratically elected government for which enormous sacrifices were made, leading to the end of the monarchy. Political parties are blaming one another for what has happened, but this will not do. Resignation of the Bhattarai government as demanded by some of the political parties also may not help. The assembly dissolution came about after the failure of the Maoists, the Nepali Congress (NC), the Communist Party of Nepal (Unified Marxist-Leninist) and the Madhesi front to reach an agreement over the constitution incorporating the concept of a 10-state or 14-state model as recommended by a committee formed for the purpose. The Maoists and the Madhesis refused to accept a constitution which did not clearly define its federal character. But the NC and the CPN (UML) insisted on promulgating the constitution leaving the contentious issues to be resolved later on. These parties agreed in principle to the idea of the federal structure as advocated by the Maoists and the Madhesis, but they opposed its inclusion in the constitution at this stage. Clearly, there is a huge trust deficit between the two powerful political fronts in Nepal. Their intransigence has led to Nepal undergoing an avoidable and costly exercise for electing a new Constituent Assembly. People will not forgive the political class for its irresponsible behaviour. If the country slides into greater chaos with people coming out into the streets again, all that Nepal has gained so far in its march towards democracy will be in jeopardy.
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Distorting face
Acid
attacks are the cruellest phenomenon of taking revenge. And, they have a gender dimension. Eighty per cent of their victims are women, who are usually in the age group of 14 to 35. South Asian spurned suitors, who are used to getting everything easy, cannot take a ‘no’ from a woman in response to their advances. They teach her a ‘lesson’ by destroying her face, when she says no. In Pakistan it took Sharmeen Obaid Chinoy to win an Oscar for her documentary “ Saving face” based on the growing menace of this problem to get the government’s attention. On May 23, this year, for the first time an acid attack case was handed over to CBI. The petition was filed by Haryana State Legal Service Auhority, on behalf of the three girl victims, who suffered serious burns when two youth threw acid on them in June 2011 in Rohtak. One of the victims had recognised the culprits, yet the police exonerated them. Now, the court has given a time limit of six- months to CBI to complete the probe. In Sonepat, a 17-year-old girl Kiran died after acid was thrown on her by three motorcycle-borne youths in July last year. A woman died of acid attack in Kelram village of Kaithal district, on May 25 this year. And now a volleyball player has become a victim of the same inhuman act in Rohtak. In 2000, about 180 acid attacks were registered, according to a study, though, no data is available year-wise. Like other gender crimes, majority of cases go unreported, which, when reported are treated under Sections 320, 322, 325 and 326 of IPC, which, if proven guilty can impose a maximum of 10 years of imprisonment. Acid attacks leave scars on the mind and body for a life time, the culprits too should be given life imprisonment to remind them of the agony they cause their victims for a life time.
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He who stops being better stops being good. — Oliver Cromwell
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Citizens’ right to public space
We
live in a country which treats public space as charity for its citizens. Most urban areas are overtaken by congestion, pollution and chaos. But the few exceptions still left were the immaculate green spaces of Chandigarh and Delhi celebrated for their elegant tree-lined avenues. Over the years these too have been degraded with tents and porta cabins that house security personnel guarding politicians, judges, the police brass itself and bureaucrats. But recently the High Court of Punjab and Haryana, which has been hearing a PIL, has successfully overseen the removal of a majority of such encumbrances on public space. Unfortunately in Delhi, the phenomenon of security personnel occupying sidewalks meant for pedestrians and cyclists continues, despite numerous solutions having been proposed. To be fair, let us hear the version of the main protagonist — the security police. Indeed, if there is a threat perception and the individual falls into the XYZ categories the police has no option but to post the posse of policemen outside his house, as prescribed. When the “protectee” (in police parlance) disallows habitation inside the boundary of his bungalow, (notwithstanding a 2-3 acre expanse being available where umpteen personal offices have been built,) the only option available to the security boss is to locate the guards outside the perimeter. And that explains why most options are closed. Now let us consider it from the point of view of the citizen. In other countries, the man on foot is treated like God. Pedestrian walkways and street furniture are specially designed for smooth, uninterrupted walking. Benches are placed conveniently where one can eat a sandwich or read a book. There are no tents and porta cabins anywhere. That is because the citizens guard their open spaces fiercely and place a high value on easy access to sidewalks. But consider just one sidewalk on Tilak Marg, New Delhi — the address of the Supreme Court of India. It is the main artery for international visitors driving to Rajghat, to the Red Fort and Jama Masjid. A third of Delhi’s population destined for ITO and old Delhi drive through Tilak Marg. Even so, for the last 20 years a porta cabin with its line of washed underwear strung between two trees is one of the sights on view. Certainly it is not the fault of the five police personnel who have no option but to eat, sleep, bathe and wash their clothes on the sidewalk of Tilak Marg dressed or undressed. With temperatures soaring beyond 43 degrees Celsius, it must be a torture. When asked why the ‘protectee’ could not be relocated in a gated complex with adequate space for security guards, a senior police friend said, “None of them will agree to move to such complexes. And should there be a terror attack, the sentry on duty will shout and four men will immediately leap in and crush the intruder.” A former police commissioner of Delhi, Mr T R Kakkar, was fortunately more realistic. “It is possible to house security guards within the nearest police station. The police stations in the NDMC area have the space. One sentry could be stationed for two hours at a time with modern communication systems to alert the security guards at the police station. Where foliage is not a problem CCTV cameras can be used. PCR patrolling can do the rest. It would be a boon for the boys.” Security obstacles also include the stacks of unsightly sand bags that have sprung up all over Delhi. Roosevelt House (American Embassy) is one of the most emblematic buildings in Delhi’s diplomatic enclave surrounded by tree-lined streets. But every nook and corner is dotted with ugly sand bags intended to protect the security personnel as they fight picketers and terrorists. In other countries they use barricades and stainless steel bollards which move up and down to prevent vehicles from gaining entry until screened. Setting up such bollards might be a better answer than stacking heaps of sand bags to conduct warfare. The good news reported by police friends is that the majority of the people who once refused security guards inside the perimeter of their houses have begun co-operating — at last. The second good news is that the NDMC is not permitting new security structures on their roads. The third good news is that the number of non-entitled persons who had earlier grabbed security cover has declined considerably; not comparable perhaps to the Punjab government which has slashed security cover from several entrenched hangers-on. The bad news at least for Delhi is that the quest for personal security is no longer confined to police protection. Porta cabins stand outside most homes in South Delhi blocking footpaths and forcing the elderly and children to walk on the main road. While many private security guards gamble, drink, smoke and play cards, their presence has become indispensable. But when residents engage private security not just to guard the house but to pilot their masters much like ‘Z’ category security guards it becomes cause for concern. The SUV carcade flashing a string of lights (strictly prohibited under the Motor Vehicles Act) zoom through the colony creating a huge ruckus. The accompanying security guards wearing black bandanas have barred residents from entering their own apartments. Such was their hooliganism that an aggrieved resident of Delhi’s prestigious Defence Colony approached Delhi’s Public Grievance Commission to intercede. He received the commission’s support but if this is the shape that private security takes, citizens have a brand new problem on their hands. In a democracy, of all freedoms, the freedom to move without hindrance in public and private space is among the most highly regarded. Public order is critical for stability but in the zeal to maintain public order those in authority must strike a balance between individual security on the one hand and important public freedoms on the other. Citizens have a right to determine acceptable levels to which their rights should be sacrificed in the name of personal security. It is time all agencies put their heads together to ensure that the citizens’ interest remained uppermost.n The writer was Secretary,
Government of India, and the Chief Secretary, Delhi.
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Siesta on a summer Sunday As workdays become longer and busier, the elastic working week eats up Saturdays with greedy delight. That leaves Sunday as the day of choice for the fatigued office-goer. If you aren’t the diligent type that likes to go to church or the temple on Sunday morning, you can wake up as late as your circumstances will allow. Skipping breakfast altogether is no big sacrifice. The relaxed newspaper read can stretch into midday over a comfort brunch that does not register on the calorie counter (self-deceiving assumption: nothing you eat on a Sunday gets converted to fat). With the Sunday supplements and magazines disposed of, it is time to stretch the spine into an imaginary hammock and shut your eyes and ears to the neighbourhood noises around you. Somebody’s dog howls in the background, somebody’s maid is shrieking into her mobile phone at an unknown enemy…soon the noises fade into oblivion as the whirr of the fan takes over and the gentle flutter of newspapers is something one can only sense, not hear. The Sunday afternoon siesta remains one of the last few guilty pleasures of working life. The brunch-induced stupor serves you in good stead till about 3 pm, when you wake up, wondering if you are hungry for lunch. You realise, if anything, that you are ravenous for more sleep. Two glasses of ice-cold water and you are back in bed against a bank of pillows. The pesky mobile phone is on silent mode inside a bedside table drawer. Nothing will ring or ping if you shut it up. A hasty check reveals that all is well with the world and others in your universe have probably been slumbering as well, thank heavens. You swing from dreams of lion safaris amidst tall grasses and gardens filled with breath-taking tulips. A nasty recurrent dream leaves you a bit shaken: a maths exam in which all the questions are Greek. You reassure yourself that it is only an old, recycled dream — there are going to be no more maths exams in your life. You are not a student, you explain to your sleepy self. You have earned this Sunday snooze by dint of sheer hard work, you remind yourself reassuringly. You wake up one limb at a time to the accompaniment of a long, lazy yawn – even by your decadent standards, it is time to get up. A cup of ginger tea swirls in the microwaveable cup: a middle aged person’s classic restorative. You rub the sleep out of your eyes and try to orient yourself – is it afternoon or evening or mid-morning? The weather is cloudy outside, so you are not so sure. A moment later you place the hour correctly – it’s 5 pm, and you’ve had four hours of precious slumber. The mobile phone now growing out of your fingers buzzes to life. Somehow you don’t mind it anymore – you even have a smile for the caller as you mumble a sleepy “Hello”. This siesta has to last you a whole week, as you essay the double role of night owl and morning
lark.
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A foe China would hate to kill On September 24, 2011, the 14th Dalai Lama issued a declaration from McLeodganj, Dharamsala, his abode in India, regarding the future of his lineage. In the 4,200-word document, Tibet’s spiritual leader asserted he would decide when he is “about 90” whether he should be reincarnated. The document also included a strong rebuke of official Chinese claims of Beijing’s authority over the process of his reincarnation.
This development in the running feud between the Communist Party of China (CPC) and the Dalai Lama indeed incensed Beijing, which went all guns blazing against the Dalai ‘clique’. China has repeatedly blamed the unrest in its Tibetan Autonomous Region (TAR) on the Dalai Lama — winner of the Nobel Peace Prize-1989 — who has lived in exile in India since 1959. Zhang Qingli, the former CPC Secretary in TAR, once wrote in a Tibet daily: “The Dalai Lama is a wolf wrapped in a monk’s habit, a monster with a human face and animal’s heart.”
Amid the Chinese vilification campaign against him, the Tibetan spiritual leader continues to travel across the world, seeking support for more rights for the Tibetan people. But the Dalai Lama stunned the world recently when he told a newspaper that he had received reports of an elaborate assassination plan against him. “We received some information from Tibet... some Chinese agents training some Tibetans, especially women, you see, using poison — the hair poisoned, and the scarf poisoned — they were supposed to seek blessing from me, and my hand touch,” he told Britain’s Sunday Telegraph, combining several components usually seen in a film plot. China promptly denied having plotted to kill him, saying it could have assassinated him whenever it wanted. Who gains? Despite China’s aggressive campaign to assimilate Tibet, people in TAR are said to be a dissatisfied lot. The Tibetans in China, either within Tibet or in Western China, are often reluctant to openly criticise the Chinese authorities, but frequently infer that they are unhappy about certain aspects of government policy. They privately regret the slow degradation of their culture and tradition. China is also suspected to be using the massive settlement of Han Chinese, China’s majority ethnic community, against dissent and separatism to strengthen its hold on the mountainous region. The one thing that appears to concern the authorities more than anything is the break-up of China, regardless of whether it is Tibet or Xinjiang, the Muslim region in China’s far west. The government is also nervous of any religious groups that challenge its authority, especially those that inspire fervour greater than Beijing commands. Both of these sensitive issues are combined in the question of Tibetan independence, and the Chinese government is keen that neither gathers any momentum. Therefore, any attempt on the life of the Dalai Lama could only backfire for Beijing. China is, thus, not likely to indulge in such a misadventure, for it will have to pay a heavy cost for it. A thorn in the flesh Beijing has also repeatedly moved to place greater pressure on India to withdraw its support for the Tibetan administration in exile, which it has hosted in Dharamsala since 1960. However, New Delhi has time and again assured Beijing that it has never encouraged the activities of the Tibetans living in exile in India, and considers Tibet as an autonomous region of China. The issue had come up between the foreign ministers of the two countries as recently as in February, when External Affairs Minister S.M. Krishna visited the Chinese capital. However, New Delhi is absolutely clear that it would not prevent the Dalai Lama in his capacity as a religious figure visiting anywhere in the country. At the same time, the Dalai Lama has been politely advised to refrain from indulging in any political activity or China bashing during his interactions with people anywhere in India. China’s alleged involvement in anti-India insurgencies in the north-eastern part of the country is also seen in relation to Tibet and territorial sovereignty. China lays claim to the entire north-eastern state of Arunachal Pradesh, which it calls ‘Southern Tibet’.
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What after the present Dalai Lama With
the present (14th) Dalai Lama, Tenzin Gyatso — the temporal and spiritual head, or ‘god king’ of the Tibetans — in his late seventies, concerns over his health have the community as much in anxiety as China. Speculation is thus rife over whether there would be a successor. The Dalai Lama is a reincarnate lama who heads the Gelugpa school of Tibetan Buddhism. The school was established about 500 years ago, and is the most recent among the various Tibetan schools of Buddhism. As it has the highest following, its head has acted as ‘god king’ of the Tibetan community. The present Dalai Lama, despite being in India for more than 60 years now, commands respect in Tibet, and has remained a pivotal force behind the Tibetan movement in exile. The importance of continuing with the institution is that it would be a link for the Tibetan community in exile with Tibet. Thus the question: “What after this Dalai Lama?” The tradition China has also installed its own Panchen Lama, who has been visiting Tibet to spread the government viewpoint. Tibetans fear China might use him to name the next Dalai Lama. Will there be one? While the community is worried that China might try to gain control of the institution by installing its own Dalai Lama, it is also concerned over younger Tibetans-in-exile losing faith in the institution. The Dalai Lama has stated the future of the institution rests in the will of the young Tibetans.
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Since the Dalai Lama’s permanent home and establishment in exile is at McLeodganj in Dharamsala, Himachal, the state police has been entrusted with his primary security within the state. It has deployed 106 personnel on the job, including one Additional SP, five sub-inspectors, three assistant sub-inspectors, 23 head constables and 73 constables, all posted at his McLeodganj complex. They also move with the Dalai Lama within the state. But when he visits other states, the respective state police forces provide the security.