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EDITORIALS

Signals from Nawabshah
It may help Indo-Pak peace process

I
ndia
felt relieved when all 128 passengers along with the crew of Air India’s Abu-Dhabi-Delhi flight, which had to land at Nawabshah airport in Sind (Pakistan) in an emergency situation, reached their destination safe on Monday. The pilot had no alternative but to land at the nearest airport when the dark cockpit suddenly flashed warning lights, which meant imminent failure of all three hydraulic systems of the aircraft due to overheating.

Unemployment in Punjab
Forget data, ground reality is grim

I
f
the Union Labour Ministry data are to be believed, Punjab has one of the lowest unemployment rates in the country. The ministry’s 2011-12 survey shows Punjab has an unemployment rate of 1.8 per cent, which is below the national average of 3.8 per cent. 



EARLIER STORIES



Criminals on parole
Easy jump to freedom needs check
Between
2005 and 2011, more than 300 convicts jumped parole in Punjab. There is little chance anyone will ever be held responsible for this. The law provides for parole. But the fact is that the law also provides for an assessment of the character of the prisoner before granting him parole. That is where the entire chain from the jailer to the district authorities to courts is responsible. 

ARTICLE

Growing convergence on Kabul
It’s time for India to respond
by Harsh V. Pant

T
he
just concluded Tokyo Conference on Afghanistan echoed Indian concerns when it adopted a declaration recognising that “the main threat to Afghanistan’s security and stability comes from terrorism and that this threat also endangers regional and international peace and security.” The donor countries made it clear that they are determined “never to allow Afghanistan to become a sanctuary for international terrorism again.”



MIDDLE

Coins and coinage
by Rajbir Deswal

H
istory
, or even some evidence of myths, is generally substantiated with findings related to coins of specific times gone by. The earliest information about coins provides proof that these had almost no proper form. Coins then were like a lump or a flattened piece of metal, assessed as valuable.



OPED SOCIETY

The Anand Marriage Act has been amended, but it is still far from being comprehensive and requires further amendments to make it reflect contemporary realities 
Anand Marriage Act & Sikhs
Justice Nirmal Singh (retd)

"Dhan pir ayhi na aakhee-an bahan ikthay ho-ay.

ayk jot du-ay moortee Dhan pir kahee-ai so-ay."

(They are not said to be husband and wife, who merely sit together.
They alone are called husband and wife, who have one light in two bodies.)

M
arriage
is a sacred bond of mutual dependence between a man and a woman; a true partnership of equals in marriage is made between those who are united in spirit as well as in mind and body.







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Signals from Nawabshah
It may help Indo-Pak peace process

India felt relieved when all 128 passengers along with the crew of Air India’s Abu-Dhabi-Delhi flight, which had to land at Nawabshah airport in Sind (Pakistan) in an emergency situation, reached their destination safe on Monday. The pilot had no alternative but to land at the nearest airport when the dark cockpit suddenly flashed warning lights, which meant imminent failure of all three hydraulic systems of the aircraft due to overheating. However, the passengers and the crew could not believe the hospitality accorded to them by the Pakistani authorities. They were offered food, lounging facilities and even transit visa if they so desired. That the pilot asked the passengers to remain in the aircraft and made use of only water provided by the Nawabshah officials is a different matter. The passengers had to wait for over 11 hours in an anxiety-ridden condition before a rescue plane from Delhi reached there and flew them home. But they were taken care of as if they belonged to a friendly country.

Another incident which provided proof that the old atmosphere of hatred between the two neighbours had changed a lot happened in October last year involving the Indian Army’s Cheetah helicopter. The army chopper with maintenance personnel on board had strayed into a Pakistan-Occupied Kashmir area owing to bad weather conditions when it was flying from Leh to Bhimbat in Drass sector. The Pakistan authorities questioned the crew members for a few hours, but the matter was resolved by the two sides in a relaxed atmosphere.

India and Pakistan are in the process of improving their relations, but no one can say with certainty whether they will have friendly ties in the near future. However, the kind of healthy attitude that was displayed at Nawabshah and earlier in handling the matter relating to the Cheetah helicopter makes one believe that the old mindset is changing slowly but surely. Such positive behaviour may pave the way for the emergence of the right atmosphere required for achieving a breakthrough in the composite dialogue process aimed at resolving the disputes between the two neighbours.

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Unemployment in Punjab
Forget data, ground reality is grim

If the Union Labour Ministry data are to be believed, Punjab has one of the lowest unemployment rates in the country. The ministry’s 2011-12 survey shows Punjab has an unemployment rate of 1.8 per cent, which is below the national average of 3.8 per cent. The survey findings contradict the figures made public last year by the Labour Bureau of Chandigarh, which put the rate of unemployment in Punjab at 10.5 per cent and the national rate at 9.4 per cent. Had unemployment in Punjab been as benign as the ministry’s data suggests, the Akali Dal-BJP government would have made a song and dance about it.

Actually, there is no reliable data on unemployment. The reality on the ground, however, is quite dismal. Not many educated youth register themselves with the employment exchanges as there are hardly any jobs on offer. For the past some years there has been a virtual ban on government recruitment. Industrial expansion is slow and agricultural growth is even worse. The service sector brightens up an otherwise dark scenario. Talented youth migrate to other states for jobs. Others, especially those rendered unemployable by substandard education, are desperate to go abroad since Punjab is unable to meet their expectations for a good life. Those who have a bleak future staring at them often turn to drugs.

When the Badal government started its second consecutive term in March it made a commitment through the Governor’s address to create 10 lakh jobs in the industrial, manufacturing and service sectors. Some efforts were made subsequently to woo industry but nothing concrete has yet emerged. Fresh units will not come unless the power crisis is tackled, land is made available at affordable rates without hassles, red tape goes, single-window clearances start happening and corruption is controlled. Youth need to be encouraged to take up self-employment, individually or through cooperatives, by giving them cheap loans, entrepreneurial training and marketing facilities. The state offers unlimited opportunities in food processing and agro-industries, among others.

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Criminals on parole
Easy jump to freedom needs check

Between 2005 and 2011, more than 300 convicts jumped parole in Punjab. There is little chance anyone will ever be held responsible for this. The law provides for parole. But the fact is that the law also provides for an assessment of the character of the prisoner before granting him parole. That is where the entire chain from the jailer to the district authorities to courts is responsible. This appraisal is either not done with due care, or considerations other than merit are at work, political interference included. In many cases, parole is known to have been granted by courts — taking a liberal humanitarian view — against the recommendation of the district police.

To lose a convict in this manner is utter waste of policing resources, as many criminals are put behind bars only after months of chase and investigation. Thereafter follows the process of getting them convicted, which itself is a challenge. In Punjab, the conviction rate in robbery and dacoity cases is under 40 per cent. In most cases, it is professional criminals — as opposed to those involved in family disputes or crimes of passion — who jump parole. Once granted parole, it makes little sense for them to return to jail. If they are caught, they just serve their remaining sentence, as the conviction for jumping parole is only likely to get them a sentence that would run concurrently. And if not caught, it’s simply back to happy hunting as a criminal.

To prevent this gross misuse of a humane provision in law — which could trigger extreme reaction in which even convicts genuinely on the mend are denied parole — the executive as well as the judiciary have to apply rigorous parameters of assessment. A professional criminal is best denied parole, unless the authorities have definite reason to believe he would not misuse it. Law too needs to be amended to make provision for greater liability on the part of the guarantor who vouches for a prisoner. Criminals can’t be allowed to walk free just because they submitted an application.

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Thought for the Day

Most people have never learned that one of the main aims in life is to enjoy it. — Samuel Butler

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Growing convergence on Kabul
It’s time for India to respond
by Harsh V. Pant

The just concluded Tokyo Conference on Afghanistan echoed Indian concerns when it adopted a declaration recognising that “the main threat to Afghanistan’s security and stability comes from terrorism and that this threat also endangers regional and international peace and security.” The donor countries made it clear that they are determined “never to allow Afghanistan to become a sanctuary for international terrorism again.” Just a few days back underscoring its role as Afghanistan’s main economic partner, India hosted the “Delhi Investment Summit on Afghanistan” where it called upon the private sector in the regional states to invest in Afghanistan “to create a virtuous cycle of healthy economic competition in Afghanistan.”

The Indian External Affairs Minister argued that “let the grey suits of company executives take the place of olive green or desert brown fatigues of soldiers; and CEOs the place of Generals.” With the Indian private sector investing more than $10 billion in Afghanistan, India has huge stakes in that country’s economic success. New Delhi is worried about the security vacuum after the military drawdown by the NATO forces that is to begin later this year and is seeking to retain some influence in the post-2014 strategic landscape in Afghanistan.

India’s centrality to Afghanistan’s future was underscored by the Taliban’s statement after US Secretary of Defense Leon Panetta’s visit to India last month which sought to drive a wedge between New Delhi and Washington by suggesting that India has given a “negative” answer to Panetta’s wish for greater Indian involvement in Afghanistan. After years of targeting Indian interests in Afghanistan and beyond, the Taliban seemed to have suddenly recognised that India was indeed a significant country in the region and signalled New Delhi not to think of increasing its profile in the country post-2014 by underscoring that it would be “totally illogical” for Indian policy makers to “plunge their nation into a calamity just for the American pleasure.”

This was immediately refuted by the US Department of State which underscored India’s important role in regional security, including the transition in Afghanistan. The US is now backing a more robust Indian involvement in Afghanistan signalling a long-term commitment to Afghanistan’s future. As part of the third US-India Strategic Dialogue last month, India and the US announced regular trilateral consultations with Afghanistan. Before that, the US Defense Secretary, on his visit to India, had underscored the importance of having a stable Afghanistan for peace and prosperity in the larger region and urged India to help Afghanistan during and after NATO’s exit by supporting Kabul through trade and investment, reconstruction and help for Afghan security forces. There has been a broader maturing of the US-India defence ties and Afghanistan will clearly be a beneficiary of this trend. The US has asked India to place liaison officers in the US Pacific and Central Commands which bodes well not only for the future of US-India ties but also for the larger regional security priorities of the two states.

The US, in recent months, has been very vocal in its appreciation of Indian efforts in Afghanistan which include more than $2 billion aid for reconstruction and development, support for the New Silk Road Initiative and training of Afghan security forces. India has shied away from taking a visible role in bolstering Afghan security except for training a limited number of Afghan security forces. With American backing, India has now agreed to increase the number of Afghan military personnel being trained at its military institutions. This is a reversal of America’s past reluctance to accept a major Indian role in the training of Afghan forces for fear of offending Pakistani sensitivities.

As NATO forces move out, Washington would like India to step up its role as a provider of regional security. India too has signalled its long-term commitment to stability in Afghanistan by signing the Strategic Partnership Agreement with Kabul last year. There was always a convergence between Washington and New Delhi insofar as their shared vision of a stable and prosperous Afghanistan was concerned. The differences were in the instrumentalities to reach that end state with the US viewing Pakistan as essential to achieving success in Afghanistan and India remaining suspicious of Pakistan’s intentions. As Washington has grown disenchanted with Pakistani role in Afghanistan, its appreciation for India’s understanding of regional nuances has also increased. There is clear recognition now that success in Afghanistan requires elimination of safe havens and infrastructure for terrorism and violent extremism in Afghanistan and Pakistan.

What is even more striking is Washington’s recognition that if India is to play an important role in Afghanistan, it needs Iran’s support. Robert Blake, Assistant Secretary in the US Department of State, has acknowledged that the US “understood” that India has “important interests” in Iran and that if it wanted to “continue all the important things that it is doing in Afghanistan, it must have access to Iranian ports to get its equipment and other supplies into Afghanistan because they cannot do so directly overland through Pakistan.”

Though India’s willingness to shoulder more responsibilities in managing Afghanistan post-2014 will certainly be a strong riposte to those who have started doubting if New Delhi can ever be a credible partner of Washington, the present government in New Delhi remains distracted and rudderless. Facing multiple problems on the domestic political and economic front, it is not at all clear if it has the will and the ability to consolidate the historic opportunities presented by the new turn in Washington. The evolving ground realities in Afghanistan present India with an opportunity to underline its commitment not only to regional stability but also to a robust partnership with the US. Unless India steps up its role in Afghanistan, it will lose credibility not only with the US but also with the ordinary Afghans who view India very favourably.

The writer teaches at the Department of Defence Studies, King’s College, London.

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Coins and coinage
by Rajbir Deswal

History, or even some evidence of myths, is generally substantiated with findings related to coins of specific times gone by. The earliest information about coins provides proof that these had almost no proper form. Coins then were like a lump or a flattened piece of metal, assessed as valuable.

That the coins got birth would have been due to greed and avarice in man. That these acquired definite forms — stamped, imprinted, etched and embossed with the ruling figure on one of their sides —speaks volumes about generally the ambition in man and his desire to have his name travel to times even after he or she ceases to remain at the helm of affairs.

Let me lighten the serious tone a bit, and shed light on other aspects of coins and coinage — “shine like a penny just out of the mint” and, of course, not “returning like a bad coin”. Well, the hidden treasure you hit upon always has a box, a pitcher or even an urn, full of the tinkling metal-money. Their appearing in your dreams confirms a hidden desire in you — for valuables and riches — although experts may interpret it in various ways.

The more coins and currency someone possessed, the more insecure he became and devised ways and means to store, salvage and package them so as not to allow even a look at one’s treasure-trove, not to talk of a heist being executed against it. That is why they had purpose-made boxes and safely-tucked-in-wall-and-earth pitchers, containing metal-money.

The coins have given us many phrases, idioms and sayings. Once out of the dye in which they are moulded and cast, it confirms their currency, utility or otherwise in accordance with one’s own understanding. A coin’s value varies from person to person — a man in the street, a beggar, an ascetic, or someone who never needed money or any of its manifestations in concrete terms — pun intended.

So far I have only been talking of the third dimension of the coins whereas they are said to have only two. Except the one made-on-order by Big B in “Sholay” who engages a trick to fool his friend Dharmendra. Big B in “Deewar” was also saved when the bullet landed on a coin-like badge with an inscription of the holy Islamic number 786 in his pocket. We sometimes refer to children as “khareej” — change.

Remember Nizam Bhishti, one who obliged Humayun, the Mughal king, by saving his life while he was fleeing from captivity. He was rescued by one using a buffalo-skin water-bag (mashak) while letting the king float in water. Humayun, as a token of payment for his obligation, allowed the Bhishti to rule “Hindostan” at least “for one day”. Nizam Bhishti is said to have allowed “coins of leather” remain in currency as “dinars” for that particular day.

Not very long ago but there was a time when even a four-anna coin called “chavanni”’ made a musical and tinkling sound for a long time after its landing on the floor, and now even a tenner doesn’t jingle. No, it’s not inflation, but enough fall in the currency’s rebounding cacophony, nay, capacity — jokes apart.

I recall a dacoity in my village long back when, trying to take on the dacoits, one of my forebears was killed. The dacoits had enough time, during the execution of the dacoity, to test each and every one-rupee silver coin by hurling it up in the air, employing a thumb against the finger, to listen to the tinkle that the coin made, and ascertaining if the coin was genuine or a khota sikka.

Yes, they carried away jute-bags full of silver coins then. Otherwise, why should a rendered-poor-me have been talking of coins and coinage?

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OPED SOCIETY

The Anand Marriage Act has been amended, but it is still far from being comprehensive and requires further amendments to make it reflect contemporary realities 
Anand Marriage Act & Sikhs
Justice Nirmal Singh (retd)

"Dhan pir ayhi na aakhee-an bahan ikthay ho-ay.
ayk jot du-ay moortee Dhan pir kahee-ai so-ay."

(They are not said to be husband and wife, who merely sit together.
They alone are called husband and wife, who have one light in two bodies.)

Marriage is a sacred bond of mutual dependence between a man and a woman; a true partnership of equals in marriage is made between those who are united in spirit as well as in mind and body.

For a Sikh, the solemnisation of marriage is performed by means of a ceremony known as ‘Anand Karaj’, which literarily meaning a joyful ceremonial occasion.

The only essential ceremonies of the Anand Karaj are the singing of hymns composed by the fourth guru of the Sikhs, Guru Ramdas. These are, in a certain sense, parallel to the Saptpadis, in the Sikhs known as the lanvans.

Lanvas are the formal rounds of acceptance of nuptial vows as far as the customs of Sikhs are concerned. Incorporated in Guru Granth Sahib, the lanvans are titled as the Suhi Mahalla Chotha.

Guidelines

We may look at the following guidelines for a Sikh marriage from the booklet titled Rahit MaryadaA Guide to the Sikh Way of Life:

"For the wedding ceremony, the congregation sits in the presence of the Guru Granth and hear hymns of praise to God. These may be sung either by the congregation or by professional musicians. The bride and groom should be seated in the front of the Guru Granth Sahib, with the bride seated at the left side of the groom.

"The person, who officiates the ceremony (this may be any Sikh approved by the congregation) then asks the bride and groom and their parents to stand while he says the ardas (prayer).

"This is the start of the marriage ceremony proper. It is followed by a short sermon by the officiator, in which he explains the significance of the Sikh marriage ceremony.

"The love between a husband and wife is compared to the love and longing of the human soul for God. The bride and the groom are reminded of their duties and love and loyalty they should have for each other, and how they should share both their sorrows and joys.

"After this short lecture, the officiator asks the bride and the groom to signify their assent to the marriage by bowing before Guru Granth Sahib. A scarf is held on the one hand by the bridegroom and by the bride’s father or guardian on the other end.

"Guru Granth Sahib is open to the lanvan (marriage prayers). The officiator reads the first verse. This is, then, sung by the congregation while the bride and the groom rise, each still holding the ends of the scarf, and walk slowly around the Guru Granth Sahib with the groom leading until on reaching their starting position. They bow down and hear the second verse being read. As before, the congregation, then, sings this verse and again the couple circumambulate Guru Granth Sahib. The same is then repeated for the remaining two verses of the lanvan.

The service is, then, concluded in the usual manner; that is with the singing of the first five verses and the last verse of the Anand Sahib, the singing of the ardas and the distribution of the krah prashad."

The 1909 Act

Sikhs were the first community in India to culminate the process of codification of their holy ritual of marriage in the form of the legislation titled as the "Anand Marriage Act, 1909".

The credit for the genesis of this Act goes to Tikka Ripudaman Singh, who along with Bhai Kahan Singh Nabha, drafted it and presented it to the Imperial Legislative Council.

Subsequently, due to the efforts of Sir Sunder Singh Majithia, the draft was finally passed in 1909.

In this act, however, there was no provision for the registration of marriages.

As a result, marriages performed by the Sikhs according to the Anand Marriage Act had to be registered under the Hindu Marriage Act. This kept causing many difficulties, particularly for non-resident Indians since foreign jurisdictions were not aware of the scheme of laws in India.

There was an inchoate dichotomy inter se the laws governing marriage and the law governing the registration. Also, the decision of the Supreme Court in 2006 in the case titled Smt Seema vs Aswani Kumar (2006(2)SCC578) had held that all marriages shall be compulsorily registered.

Therefore, a fervent ground was made for amendment of the Anand Marriage Act. Due to immense pressure from the Sikhs, the government amended the Anand Marriage Act. This allowed the Sikhs to get their marriage registered under the Anand Marriage Act.

Further amendments required

However, even after this persuaded amendment, the Act requires further amendments to adjust to the present-day situation.

While marriage remains a sacrament for the Sikhs, there is no provision under the Anand Marriage Act for husband and wife to apply for a divorce in case of a breakdown of marriage.

The era of the day requires that if the husband and wife are not residing in a mutually cohesive cohabitation, then they must necessarily be accorded the much-needed right of separation.

Making it comprehensive

Therefore, to make the Anand Marriage Act a comprehensive legislation, further amendments are highly obligatory, which inter alia, along with the need for a provision for divorce, also need to provide the provisions for alimony, maintenance and custody of children.

Another amendment in consonance with the present fundamentals of the society is qua the need to maintain a statutorily binding list of the valuables exchanged during the course of marriage between the bride and the groom.

The present amendment in the Anand Marriage Act appears to be a half-hearted attempt to dodge the ever-encompassing demands of the Sikhs by serving them with a piece-meal legislation. This elucidates the manipulated stand of the government.

In playing to the gallery, the government seems to have given the Sikhs an illusory gift, which is far from serving the cause of a separate code of marriage for the Sikhs like the Christians and the Muslims. It only furthers the belief that their bona fide demand for a separate code of marriage is only a mirage.

Fact FILE

1. The ceremony called Anand was initiated by the third guru of Sikhs, Guru Amar Das (1479-1574), who had composed the long 40-stanza hymn Anand, in the Ramkali measure, suitable to be sung or recited on all occasions of religious importance. 
2. His successor, Guru Ram Das, composed a four-stanza hymn, lavan, which is recited and sung to solemnise nuptials. 
3. Anand Marriage was originally legalised in India through the passage of the Anand Marriage Act 1909 by the Imperial Legislative Council after it was presented by Tikka Ripudaman Singh of the princely state of Nabha. The Act aimed to establish legal “validity of the marriage ceremony 
common among the Sikhs called Anand.” 
4. There was, however, no provision for the registration of marriages, which were registered under the Hindu Marriage Act, 1955.
5. Presently, it is governed by the Sikh Rehat Maryada (Sikh code of conduct and conventions) that was issued by the Shiromani Gurdwara 
Parbandhak Committee (SGPC). 
6. Pakistan passed the Sikh Anand Marriage Act in 2007.
7. The Anand Marriage Amendment Bill, 2012, was introduced in the Rajya Sabha on May 7, 2012.
8. The Bill received the assent of the President of India on June 7, 2012.
9. According to the Anand Marriage (Amendment) Bill, couples, whose marriages have been registered under this Act, will not be required to get their marriage registered under the Registration of Births, Marriages and Deaths Act, 1969 or any other law for the time being in force.
10. Anand Karaj is still not recognised in the UK, and a legal English marriage is mandatory. 

The writer is a former Judge of the Punjab and Haryana High Court. At present, he is Member, Punjab Legislative Assembly

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