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Editorials | Article | Middle | Oped — Women

EDITORIALS

Enough is enough
Need for action to show results
B
raving water cannons and tear gas, young protesters have voiced their anger over the recent gang-rape of a 23-year-old physiotherapy student. While it is time to hold emotions in check and maintain peace to avoid the kind of ugly scenes of police high-handedness witnessed on the Raisna Hill, the message emanating from Delhi and other parts of the country is loud and clear: Sexual harassment is intolerable and the government must act to ensure women are safe.

Cricket sans Sachin
India at crossroads
T
he retirement of Sachin Tendulkar, the greatest One-Day International batsman, arguably the greatest modern batsman in ODI and Test cricket combined, leaves a Tendulkar-sized hole in Indian cricket. Not in the Indian ODI team, though, for that had already happened — he had practically given up playing this version of the game at the end of 2009. In that year, he had played 21 ODIs, and then merely two in 2010.



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RBI keeps its word
December 19, 2012
Sensitive issues
December 18, 2012
Broken hearts
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December 16, 2012
Fast-tracking growth
December 15, 201
2
Politics of quota
December 14, 201
2
Gujarat test begins
December 13, 201
2

To privatise or...
Higher education in difficult straits
T
he Shakespearean dilemma notwithstanding, planners of higher education in India find themselves perpetually on the crossroads. Higher education incurs a high cost anywhere in the world. Caught between the compulsion of keeping its socialist stance with the aspirations to achieve global standards of education, the government is risking the future of many young deserving students. There are those who question the role of government-run institutions of higher education that have produced reasonably good results for a very little price in the past.

ARTICLE

Time to improve ties with Tokyo
The opportunity must not be lost
by Harsh V. Pant
I
N a dramatic reversal of fortunes, the Liberal Democratic Party (LDP) won a landslide in Japanese parliamentary elections a few days back, three years after getting defeated by the Democratic Party of Japan (DPJ). Taking responsibility for the crushing defeat of the DPJ, the Prime Minister, Yoshihiko Noda, resigned immediately suggesting that his government “failed to meet the people’s hopes after the change of government three years and four months ago.” The DPJ’s performance at governance had been so disappointing that the voters had to go back to a party that promised to revive the sclerotic Japanese economy and stand up to an increasingly aggressive China.

MIDDLE

The whiskered wonder!
by Manika Ahuja
P
eople out on their regular morning jog come to an abrupt halt. Those seated in their pristine vehicles bite their fingers while the ones riding bicycles look up to the skies, fearing the impending catastrophe and misfortune that might befall them in the near future. The creature responsible for all this chaos and awe is none other than the feline generally addressed as "a witch in disguise", a poor little cat.

OPEDWomen

Rape of collective conscience
The ongoing protests are forcing the government to move towards fast-tracking cases of sexual crime against women. Caution is required so that gender issues do not get translated into a violent manifestation of gender politics
Vandana Shukla
I
n war time, women’s bodies are violated to claim victory by the enemies. In peace time, it takes brutalisation of a woman’s body for the process of legal reform to take place. And, for the government machinery to wake up to the need to address women’s issues on a priority basis.





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EDITORIALS

Enough is enough
Need for action to show results

Braving water cannons and tear gas, young protesters have voiced their anger over the recent gang-rape of a 23-year-old physiotherapy student. While it is time to hold emotions in check and maintain peace to avoid the kind of ugly scenes of police high-handedness witnessed on the Raisna Hill, the message emanating from Delhi and other parts of the country is loud and clear: Sexual harassment is intolerable and the government must act to ensure women are safe. The brutal incident has shaken India’s conscience. The Centre as well as the governments in the states can ignore the message at their own peril.

Rape is a societal problem. A daughter is unsafe in home, school, college office and almost everywhere else. In villages, victims of rape, mostly poor, are silenced, or humiliated if they dare to report the crime to the police. Mothers have to inculcate in their sons respect for every woman. The commercial portrayal of woman as a sex object in films and advertisements has affected the male mindset. The government’s role comes in providing responsive, humane and efficient policing so that crime is prevented. The police personnel must be sensitised on how to handle cases of sexual assault. A telephone call or even an SMS from a girl must invite an immediate response. Policemen must learn how to talk to a traumatised victim. A shoddy investigation resulting in an acquittal of the accused must lead to punitive action, including dismissal from service of the investigating officer.

There is a welcome move to set up fast-track courts for the speedy trial of rape cases. Quick justice to the Delhi rape victim and a deterrent punishment to the accused can send the right signal countrywide. While a judicial commission has been set up to examine changes in the existing laws, suggestions made by various law commissions and police reforms recommended by the N. N. Vohra Commission and the Supreme Court in the Prakash Singh case have not been fully implemented yet. This time politicians must act and show results. Do not politicise the issue. Call a special session of Parliament, if need be.

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Cricket sans Sachin
India at crossroads

The retirement of Sachin Tendulkar, the greatest One-Day International batsman, arguably the greatest modern batsman in ODI and Test cricket combined, leaves a Tendulkar-sized hole in Indian cricket. Not in the Indian ODI team, though, for that had already happened — he had practically given up playing this version of the game at the end of 2009. In that year, he had played 21 ODIs, and then merely two in 2010. In the World Cup year, 2011, the number went up to 11. After being sated with the World Cup, he skipped India’s 20 ODIs. He came back into the team to play 10 ODIs this year for the sole purpose, to be brutally honest, of making his 100th international century. After he reached that mark, against Bangladesh on March 16 this year, he played only one ODI, against Pakistan two days later, and missed the series against Sri Lanka in July-August.

The master, thus, was practically gone from ODI cricket. Yet, the announcement of his retirement from ODIs remains extremely significant. It allows him and the team to move on — the team won’t be unsettled by Tendulkar coming into and going out at whim. Tendulkar says he has given up ODI cricket so that India could prepare to defend the World Cup in 2015, which is a laudable thought, though it must be said that at nearly 40, time was running out. Though it wrenches at the heart of those who grew up watching the curly-haired, chubby 16-year-old since 1989, it’s no time for sentiment. Several stalwarts have gone out in recent years and the transition hasn’t been smooth, which shows in the performance of the Indian team, especially in Test cricket. Indian cricket is at a crossroads, almost a crisis. Twenty20 club cricket, which pays significantly more money for significantly lesser skills and work, is threatening to undermine the national team.

Tendulkar, who values Test cricket more than any other form of the game, would now be free to focus on it. And though his form in Tests has been dismal in recent months, he is in a position to do a great favour to the Indian team by leading and mentoring young batsmen.

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To privatise or...
Higher education in difficult straits

The Shakespearean dilemma notwithstanding, planners of higher education in India find themselves perpetually on the crossroads. Higher education incurs a high cost anywhere in the world. Caught between the compulsion of keeping its socialist stance with the aspirations to achieve global standards of education, the government is risking the future of many young deserving students. There are those who question the role of government-run institutions of higher education that have produced reasonably good results for a very little price in the past. Why does that need to be changed? The simple solution could be found if a large part of government funding for education is spent in the form of liberal scholarships. Securitised student loans with government backing would bring down the cost of education loans and could be made available liberally.

It is not at all shocking that the MLAs of the ruling SAD in Punjab find it hard to strike a middle path. The fear that privately-run educational institutions can become “shops” has some basis. Andhra Pradesh is a living example where thousands of such “shops” sprung up during the “boom” period in education and were then closed down, affecting the future of thousands of students. The realisation should dawn that higher education is an expensive business and a good part of the cost has to be realised from students in a realistic manner.

Global standards of infrastructure in education require high investment. The fact is that from top-notch industrial houses to fly- by- night shops, everyone is interested in joining this sector. The government should welcome their participation, but with a rider. The state’s role should be to modulate this enthusiasm to maximise social welfare. At the same time, with a firm hand, it should shut all the “shops” where young people get a degree, but no skill, irrespective of their public or private status. The government should allow private companies to run educational institutions as well-run businesses that have transparent accounts, declare dividends and adhere strictly to quality.

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Thought for the Day

Sunsets are so beautiful that they almost seem as if we were looking through the gates of Heaven. — John Lubbock

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ARTICLE

Time to improve ties with Tokyo
The opportunity must not be lost
by Harsh V. Pant

IN a dramatic reversal of fortunes, the Liberal Democratic Party (LDP) won a landslide in Japanese parliamentary elections a few days back, three years after getting defeated by the Democratic Party of Japan (DPJ). Taking responsibility for the crushing defeat of the DPJ, the Prime Minister, Yoshihiko Noda, resigned immediately suggesting that his government “failed to meet the people’s hopes after the change of government three years and four months ago.” The DPJ’s performance at governance had been so disappointing that the voters had to go back to a party that promised to revive the sclerotic Japanese economy and stand up to an increasingly aggressive China.

The leader of the LDP, Shinzo Abe, conceded that “this was not a restoration of confidence in the Liberal Democratic Party, but a rejection of three years of incompetent rule by the Democratic Party.” The LDP has won 294 seats in the 480-seat Lower House of the Diet, up from just 119 seats in the last elections. As a result, Abe will be Japan’s 14th Prime Minister in two decades. It is being hoped that the political paralysis plaguing Japan for the last several years will be resolved now with the LDP forming the government with New Komeito, giving the coalition a 320-seat veto-proof “super-majority,” allowing it to pass bills without the support of the DPJ-led Upper House.

Abe had previously served as the Japanese Prime Minister for a year from September 2006, but was forced to step down due to poor public support ratings and a chronic stomach ailment. In his second innings, Abe has promised to stimulate the Japanese economy and end deflation by passing a strong stimulus Bill as well as to make Japanese exports more competitive by devaluing the yen. Though he is viewed as a staunch nationalist and a hawk vis-à-vis China, he made it clear that he would be working towards improving ties with China as well as the United States. What is perhaps most significant is that nuclear power will be back in business with the coming to power of the LDP and what is very controversial is Abe’s expressed desire to rewrite the Japanese post-World War II pacifist constitution allowing for a full-fledged military.

Tensions between China and Japan have been rising over the islands known as Senkaku in Japan and Diaoyu in China ever since the Japanese government decided to buy some of the islands from a private sector owner. In recent days, China has not only sent a flotilla of navy ships near the islands but a Chinese military surveillance plane also entered Japanese airspace, forcing Japan to scramble fighter jets in response. China is steadily escalating its pressure on Japan as part of a strategy being overseen by the new leader, Xi Jinping. Abe was quick to underline after his party’s victory that “China is challenging the fact that (the islands) are Japan’s inherent territory,” and suggested that his party’s “objective is to stop the challenge” and not to “worsen relations between Japan and China.”

Beijing has had a muted reaction to Abe’s victory so far, merely underlining that the Chinese government hopes that “the Japanese politicians can look at the big picture of the development of the China-Japan relations and work with China to drive the sound and stable growth of relations forward.”

As the world watches carefully how Abe’s second term in office will shape Japan’s domestic and foreign policies, New Delhi should lose no time in reaching out to Tokyo. Given Abe’s admiration for India and his repeated articulation of the need for India and Japan to work more closely, this is a unique opportunity to radically alter the contours of Indo-Japanese ties. While Delhi-Tokyo relations have been developing slowly and steadily over the last few years, the momentum seems to have left this very important bilateral partnership some time back. The two nations have recently concluded the agreement on social security as well as a memorandum on cooperation (MoC) in the rare earths industry. The rare earths industry MoC was a significant initiative in the light of China’s decision to cut off its exports of rare earths minerals to Japan following a territorial dispute in 2010. But the discussions on civilian nuclear energy cooperation between the two states have been stuck for quite some time now. With Abe’s coming to power with a strong pro-nuclear power agenda, time is ripe to regain the initiative on these negotiations.

Of all recent Japanese leaders, Shinzo Abe has been the most enthusiastic about the future of India-Japan relation and gave it an entirely new dimension. In his address to the joint session of the Indian Parliament, Abe talked about a “broader Asia” comprising Pacific and Indian Ocean countries such as Japan, India. Australia and the US, that share common values of democracy, freedom and respect for basic human rights. He argued for greater cooperation among these states. In his book, “Towards a Beautiful Country”, Abe makes the case about Japan advancing its national interests by strengthening its ties with India.

He has argued: “It will not be a surprise if in another decade Japan-India relations overtake Japan-US and Japan-China ties.” Building on the idea of a triangular security dialogue between Washington, Tokyo and Canberra initiated by his predecessor, Abe made known his desire to create a four-way strategic dialogue with the US, Australia and India, a framework that he stressed would be based on their shared universal values such as freedom, democracy, human rights and the rule of law.

New Delhi now has a chance to give a new dimension to its ties with Tokyo. With a new leadership in Tokyo with a decisive mandate, the old issues that once seemed insurmountable should be able to find some resolution. India should push Japan into giving Delhi-Tokyo ties a more substantive dimension and move beyond old shibboleths. The time is right for India to seize the initiative and transform the strategic landscape in the Asia-Pacific region.

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MIDDLE

The whiskered wonder!
by Manika Ahuja

People out on their regular morning jog come to an abrupt halt. Those seated in their pristine vehicles bite their fingers while the ones riding bicycles look up to the skies, fearing the impending catastrophe and misfortune that might befall them in the near future. The creature responsible for all this chaos and awe is none other than the feline generally addressed as "a witch in disguise", a poor little cat.

Little did the poor creature know that its mere crossing a street would arouse so much fear and frenzy in the hearts of the ultimate creation of God. No matter how many tall claims we make of possessing a wide spectrum of view and a modern mental make-up, the fact remains that in the heart of heart's each one of us still frets whenever the 2-feet tall creature turns up showing at our doorsteps or crosses our path. The sight of a cat is taken as a cue for untoward happenings.

I, however, beg to vary. I am head over heels in love with this four-legged whiskered beast. I have been a proud owner of nine cats in the past and currently own a pet cat whom I fondly call Dangler, to keep me company all through the day. The golden-hued creature charges me up whenever I return jaded and dog-tired after a busy day at college.

I reckon the energy generated in me after a brief rendezvous with Dangler is a hundred times more than what a glass of glucose can possibly provide me! Stroking him and feasting my eyes on him is my biggest stress-buster. During my exam days, he elegantly places himself in the balcony of my room and on finding me fast asleep considers it to be his foremost duty to wake me up. His gentle mellifluous "Meow" is more than enough to shake me out of my sleep. At such times a famous quotation by Lousie A. Belcher flashes in my mind, which goes on something like this, "Any household with at least one feline member has no need for an alarm clock."

Putting an end to my strenuous examination preparations, I eagerly await his arrival. Minutes before setting out of my house to take my examinations my eyes desperately hunt for him because I consider him to be my lucky charm, and the generous soul that he is, he does oblige me nine times out of 10. Contrary to the dogmatic beliefs, these were the very exams in which I incessantly came out with flying colours.

The magnificent feline lends me a patient hearing when I pour out my true feelings in front of him pertaining to discreet things in life. When I converse with him he gently shakes his head and lets out a meow, probably implying that he comprehends what I say while addressing him.

By God's grace and that of Dangler's, things have been uber pleasant as of now! I wish someday we would all realise our incessant folly in addressing an innocent feline as "a witch". I am hopeful of a future when people would rather walk with profound élan at the very sight of a "whiskered wonder" instead of taking to their heels when the immensely adorable creature blesses them with a visit!

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OPED — Women

Rape of collective conscience
The ongoing protests are forcing the government to move towards fast-tracking cases of sexual crime against women. Caution is required so that gender issues do not get translated into a violent manifestation of gender politics
Vandana Shukla

A protester tries to snatch a baton from a policeman at Raj Path in New Delhi on Sunday to demand justice for the gang rape victim.
A protester tries to snatch a baton from a policeman at Raj Path in New Delhi on Sunday to demand justice for the gang rape victim. PTI

guidelines overlooked

The apex court made recommendations in Delhi Domestic Working Women’s Form V UOI & Ors(1995) 1SCC 14 and outlined the broad parameters to assist the victim. If these guidelines were followed, conviction rates would have gone up. The guidelines are :

The complainant of sexual assault cases should be provided with legal representation.
Legal assistance will have to be provided at the police station.
The police should be under a duty to inform the victim of her right
A list of advocates willing to act in such cases should be kept at the police station for victims who do not have a particular lawyer in mind or whose own lawyer was un available.
The advocate shall be appointed by the court upon application by police at the earliest convenient moment.
In all rape trials anonymity of the victims must be maintained, as a necessity.
To set up Criminal Injuries compensation Board.
Compensation for victims shall be awarded by the court on conviction of the offender and by the Criminal Injuries Compensation Board whether or not a conviction has taken place.

The Supreme Court reasserted these parameters in Bodhisattwa Gautam v Miss Subhra Chakraborty (AIR 1996 SC 922) case but the enforcing agencies turned a deaf ear to the guidelines of the apex court.

Contributed by Vineet Jakhar

In war time, women’s bodies are violated to claim victory by the enemies. In peace time, it takes brutalisation of a woman’s body for the process of legal reform to take place. And, for the government machinery to wake up to the need to address women’s issues on a priority basis.

How successive governments have overlooked even the existence of crimes against women is made evident by the fact that National Crime Record Bureau (NCRB) - the statistical wing of Indian Police, had started collecting data on rape cases only since 1971, while other cognizable crimes have been chronicled since 1953. In the very first year, in 1971, there were 2043 reported cases of rape, the NCRB report said. These numbers jumped to 24,206 cases in 2011, an incredible increase of 873 % from 1971. The NCRB has also concluded that only one in 69 rape cases get reported and only 20 per cent of the reported cases result in some kind of conviction.

While this rise of 873 % was taking place in the rate of the crime, and conviction rates remained abysmally low, only two major legal reforms took place for a large number of women who were seeking justice against rising number of cases that involved violation of their dignity. Unfortunately, for both these changes to take place, two women had to undergo the same fate as the 23- year- old had to, for her brutal rape on the night of 16 December, 2012, in the national capital, which has once again triggered a nation wide demand for faster legal processes and stringent laws to deal with sexual crimes against women.

Rapes harbinger legal reforms

From 1860 to 2002, the colonial law based on the moral history of a woman remained in application while looking at a rape victim, which meant that a woman’s sexual history would have a say on the writing of the verdict. Despite deletion of this clause, unfortunately, not much has changed in the courtrooms.

Even after the much talked about Mathura case, which led to the amendment of Evidence Act in 1983, (114-A), which allowed the woman’s word to be trusted for her non-consent, there has been no monitoring of judgements, if the reformed law is followed to the word. Mathura was a sixteen year old tribal girl, who was allegedly raped by two policemen on the compound of Desai Ganj Police Station in Chandrapur, Maharashtra, while her relatives sat outside to file a police report against a theft. Both the High Court and later Supreme Court acquitted the policemen on the ground that Mathura was habitual of sexual activity and did not raise alarm.

In 1992, Vishaka Judgement, came about after the case received unprecedented media attention and for the first time the Supreme Court defined ‘Sexual harassment at work place.’ Bhanwari Devi, a sathin worker was allegedly gang raped by the men of higher caste of her village, Bhateri, in Rajasthan, who wanted to ‘teach her a lesson’ when she tried to prevent a child marriage in her village. While she fought the case against all odds, five judges were changed during the trial, the case got highly politicised on caste lines drawn between the dalits and the high caste and the sixth judge acquitted the accused.

Keep politics away

It is now well- known, despite receiving support from feminist groups, international agencies and media, Bhanwari’s troubles did not end, because the case no more remained confined to the violation of a woman’s dignity, instead, it drew battle lines between two communities and was exploited by different shades of political leanings who capitalised the issue for their own wasted interests.

Therefore, the anger of the masses that is spilling over the streets against government apathy in dealing with such cases is understandable, but, to let fringe political groups jump the bandwagon should be seen with scepticism. Rape is a sensitive issue, and, it should not be allowed to get politicised at any cost. The case of Bhanwri Devi is a serious reminder, it damaged her bold stand on the issue due to the politicisation of her gangrape. The moment political parties enter the fray, lumpen elements take over a genuine protest of the masses, who want justice for the common victims. The protests in the present case have shown some positive results, it has jolted the entire government machinery, finally, but, letting the protests turn violent will turn out to be self- damaging. The issue will move away from restoring dignity of women in public life to a street level fight between political groups. Also, one should be cautious that gender issues do not get translated into a violent manifestation of gender politics.

Landmark blunders

Apart from a non existent monitoring system for rape cases in the judiciary, which has caused acquittals of the rapists and molesters in over 80 per cent of cases, governments of different states have damaged the cause of justice for women by awarding cash compensations. As usual, the intent behind these schemes was good, to help the victim get legal aid and rehabilitate, but the manner of implementation distorted the intent. Cash compensation for dalit victims of rape sent wrong signals, as though, the government accepted that dalit women would be raped and in its helplessness it offered cash compensation.

Not only khaps, even courts ordered for compensation to be paid under provisions contained in the statutes. Courts also ordered the rapists to marry the victim. Several state governments found it convenient to pay sums depending upon the extent of public outrage and media exposure. Akhilesh Yadav, on becoming the CM of UP( Uttar Pradesh) promised jobs to the rape victims. Even the Ministry of Women and Child Welfare launched a country-wide scheme and offered to reimburse the state governments the cost they may incur in implementation of the scheme for paying compensation to the rape victim.

In some states a dalit woman’s compensation money for rape can be shared by the rapist under the Act. The compensation is paid if the victim belongs to either a Scheduled Caste or a Scheduled Tribe and the rapist does not. Even before PA Act( prevention of Atrocities Act) was implemented in 1989, since 1978, in UP, women from SC and ST were paid compensation of Rs 5000 for rape.

Cash compensation, amounting to Rs two lakh in some states turned dalit women into some kind of a bait for the crime, because in some cases the rider was, if the rapist married the rape victim, he could also have a share in the money.

Raising sons in patriarchy

In majority of Indian households, the way a son is brought up differs from the way a daughter is raised. Boys are raised, in most patriarchal systems, as rightful inheritors of this world. Girls are raised to play a submissive and supportive role. This gets reflected in gender attitudes; a man becomes the violator and a woman the violated, even when there is no clash of interest between the genders. And, till it culminates into a crime like rape, the entire system encourages this attitude, else, the crime would not take place.

These are heavily layered issues which cannot be wished away overnight, nor can be changed with a magic wand. Social changes have to come from within, with the support of a strong educational base that prepares the males to face the changing social reality, that women participate in social growth, and for their assertiveness and smartness, they cannot be taught a lesson with iron bars and forced sex. Law and order is there to facilitate these changes. And, the enforcers of these laws come from the same society that inflicts crimes like rape on its women and minor girls. One has to visit several legal sites to understand why conviction rates in sexual crimes is so low. These sites offer cases after cases where the judges become champions for protecting archaic values, asking women to dress up properly, to marry the rapist or, to ‘compromise.’

Other crimes against women

The fall out of the rising number of crimes of sex against women is, the entire discourse on women’s issues has got limited to dealing with the oppressive incidents of rapes and molestation. The woman who was trying to break the glass ceiling, and was trying to create her place in a man’s world now stands dwarfed.

In 2005 the reformed inheritance law gave equal rights to women in agricultural land. About 84 percent rural women are engaged in agricultural production. But, less than 10 per cent women own some kind of land (report by Landesa India). These are also indicators of violation of their other rights; social and financial. If more stress is given to restoring financial and social rights of women, number of sexual crimes against them will get reduced.

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