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Poverty declines
A stinking reality |
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Mind your computers
Relations with Bhutan
Of cousins & their offspring
When law-enforcers tread the unlawful path
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Poverty declines
A
Planning Commission report says poverty in India reduced at the rate of 2.18 per cent a year between 2004-05 and 2011-12. This is faster than the rate of 0.74 per cent in the 11 years before that. There is no doubt that the number of people below the poverty line has declined steadily after the launch of economic reforms in the 1990s. But opinion is divided over where exactly the poverty line itself should be drawn. The Planning Commission has relied on the Tendulkar Committee’s methodology. Under this if a person's daily expenditure exceeds Rs 33.33 in a city and Rs 27.20 in a village, he is above the poverty line. This cut-off line has been challenged and even ridiculed by critics but a way has to be found to measure poverty. Based on this criterion, there has been reduction in poverty in recent years. While the UPA can draw some satisfaction from these figures and use them for political benefit in the coming elections, its opponents are quick to point out that had the Planning Commission included the data of the last two years, the picture would have been less rosy. During this period growth slowed down to 5 per cent and so did the pace of poverty reduction. Obviously, the Planning Commission has made the comparison to highlight the UPA achievement over the previous NDA regime. Politics apart, even a UN report has noted that “if the current pace of poverty reduction in India continues, the number of poor in the country in 2015 would be half of what it was in 1990”. Debates on poverty based on such figures are usually academic. In real life people act and vote according to their sense of well-being. The NDA lost the last general election despite the economy doing well and the growth rate being at 8.1 per cent. The people at large did not share the BJP slogan of “India Shining”. A high growth rate may not result in all-round prosperity. The UPA has to counter negative public perception without going overboard about its achievements, including poverty reduction.
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A stinking reality
Sanitation
is closely linked to female literacy in India. A large number of girls who drop out of school, particularly around the time they reach puberty, is often due to lack of toilet and water facilities in school. In this regard, the deadline of four months set by the Punjab and Haryana High Court for the Punjab Government to reconstruct new classrooms and separate toilets for girls in all government schools is a welcome step. It will go a long way in checking a high rate of dropout among girls, particularly in the rural areas. School sanitation facilities across the country remain woefully inadequate, and Punjab is no exception. A recent report by the Right to Education Forum showed 40 per cent of schools across the country still lack a functional common toilet. Forty per cent more lack separate toilet facilities for girls. Post-puberty, a majority of girls feel embarrassed using a common toilet. It’s a matter of great shame for rural and small town girls to have menstruation during school and not have a facility to deal with it, which makes their schooling more problematic. A national study by AC Nielsen and NGO ‘Plan India’ revealed that as many as 23 per cent of girls drop out of school when they hit puberty. Where girls do remain in school, a lack of facilities causes widespread absenteeism each month, with the report showing that girls miss an average of 50 days of school each year because of menstruation. And it's not just the girls, absenteeism among female teachers is also reported to be high in such schools. It is amusing that while the state government has woken up to the need for recognising and rewarding its meritorious students by offering them post-matric scholarships, which is a welcome step, it continues to ignore the need for providing basic infrastructure for its schools. It needed a PIL petition and intervention of the High Court to remind it of the need to look into the basic needs of students.
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Mind your computers
TV aficionados often catch themselves watching the re-runs of the 1970s British comedy, ‘Mind Your Language’, in which a group of students attempt to learn the English language in London. Now, it may well be that the Queens language continues to flourish in the former colonies of Great Britain, even as back home in London, it is, to paraphrase that memorable phrase from the movie ‘My Fair Lady’, “they haven't used it for years!” While some might well lament the loss, even as they celebrate the birth of a future King, a bonnie boy who will be called the Prince of Cambridge, Indian politicians continue to have problems with the language that has become the international lingua franca. Indeed, BJP President Rajnath Singh's outburst against the English language could have raised hackles, but people have shown a remarkable capacity to ignore such statements. ‘Back to the basics’ is what a Rajya Sabha member thought his lectures on over-dependence on computers would have been. Janardhan Dwivedi may well have found some support when he discussed the over-dependence on computers, but his idea of ‘artificial intelligence’ being created as a result of this activity will find a few, if any, takers. Even as Steven Spielberg’s celluloid version of the movie ‘Artificial Intelligence’ shows a rather advanced robotic boy who longs to become “real”, it was recently revealed that the advanced ConceptNet4 artificial intelligence system has an IQ that is comparable to that of a four-year-old child. Computers are tremendous tools that allow the human mind to learn. They enable users to connect with the world and explore it, largely, we may point out to Rajnath Singh, in English. It is necessary to distinguish those who use tools from the tools that they use. Computers are not good or bad, they can be used for either purpose. They aid research, open vistas and allow us to communicate across continents in milliseconds, even as they entertain us. Our intelligence adapts to them in different ways. Yet they lack the one thing that all human beings have, common sense. It is this sense that directs human beings to learn how to use computers, and controls their interaction with these machines.
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If I take care of my character, my reputation will take care of me. — Dwight L. Moody
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Relations with Bhutan
It
is a tribute to the ham-handed manner in which Indian foreign policy is managed that even India's relations with Bhutan are now attracting undue attention. The withdrawal of subsidies to Bhutan on petroleum products in the midst of recent elections is merely a manifestation of how poorly conceived and executed India's policies have become, completely disconnected from any strategic thinking. Of course, now there is widespread hype in the Indian media that with the coming to power in Thimpu of the former opposition People's Democratic Party (PDP) emphasising strong ties with India, all will be well once again. But if the Indian policymakers think things will be back to normal, they are mistaken. Trouble in Delhi-Bhutan ties is only beginning to emerge and this process will be accelerated by the onset of real democracy and competitive politics in the Himalayan Kingdom. India will need to play its cards with great finesse if it wants to maintain its special relationship with Bhutan. The King of Bhutan, Jigme Khesar Namgyel Wangchuk, was the chief guest earlier this year at the Republic Day celebrations in New Delhi eight years after his father graced the occasion. As it turned out, however, he was not the first choice of the Indian government. New Delhi wanted the Sultan of Oman to be the chief guest but such are the mysterious ways of the great Indian bureaucracy that even a routine invitation to the Head of a State was goofed up. Even though this was clearly a major debacle, New Delhi quickly tried to salvage the situation by turning to its old friend in Bhutan for damage control who agreed to act as a replacement. Though the Bhutanese King was received with due pomp and ceremony in New Delhi, the cavalier attitude of India towards its smaller neighbours did not go unnoticed. Bhutan remains the only resolutely pro-India country in South Asia today. At a time when India is rapidly ceding strategic space to China in its vicinity, it should be cultivating its immediate neigbours with greater sensitivity. As it is, Bhutan has signalled that it does not want to remain the only country in India's neighbourhood without official ties with Beijing. The previous Bhutanese Prime Minister Jigme Thinley made overtures to Beijing, meeting his Chinese counterpart on the sidelines of the United Nations Conference on Sustainable Development at Rio de Janeiro last year in an attempt to lobby for Bhutan’s candidacy for the non-permanent seat in the United Nations Security Council. He also reportedly raised the issue of establishing diplomatic ties between the two nations though this was later denied by Thimpu. China's economic engagement with Bhutan is also likely to grow in future, especially as China's infrastructure development leads to greater connectivity between the two states. What might be most troubling for India is a boundary settlement between China and Bhutan. Besides India, Bhutan is the only country with a land border dispute with China today as the 470-km long border between the two nations remains contentious. China's slow encroachment into Bhutanese territory is also making Bhutan eager for an early boundary settlement. And if such a settlement allows China access to disputed areas in the Chumbi Valley, a tri-junction abutting Bhutan, Tibet and Sikkim, Indian security interests will suffer significantly as the Siliguri corridor connecting India to its Northeast will come under direct Chinese threat. In response, India has indeed stepped up its own economic profile in Bhutan. India views Bhutan as a major source of hydropower in the coming years and is seeking greater access for its energy companies. India is hoping to import 10,000MW hydropower from Bhutan by 2020 and is ramping up its economic aid to Thimpu. But the issue is larger than economic assistance and If New Delhi continues to treat its smaller neigbours as second-class states which are only to be courted if the Chinese end up expanding their footprints, then sooner or later these smaller states will start treating India as a second-rate power, lagging much behind China in their foreign policy priorities. The 'special' relationship that New Delhi and Thimpu share would hold only water if both sides are equally interested in sustaining it. Much like other smaller states in India's neighbourhood, Bhutan would also like greater autonomy in its foreign and security policies. And with democracy taking root in the country, India will be soon seen as a nosy external party interfering in Bhutan's internal affairs. China will then emerge as an effective balancer against India's overweening presence. India cannot and should not hinder the enhancement of Sino-Bhutanese ties. Bhutan, the hermit kingdom of South Asia, is opening up to the world. Not only China but other powers too are seeking to engage Thimpu. A fully integrated Bhutan into the world community can only be a good thing for India. China's rising profile in South Asia is no news. What is significant is the diminishing role of India and the rapidity with which New Delhi has ceded strategic space to Beijing in its immediate vicinity. This quiet assertion of China has allowed various smaller countries of South Asia to play China off against India. Most states in the region now use the China card to balance against the predominance of India. Forced to exist between their two giant neighbours, the smaller states have responded with a careful balancing act. It would indeed be a huge failure of Indian diplomacy if, because of New Delhi's inept handling, Bhutan too decides to follow the same path. For the time being, Bhutanese voters have underscored once again their trust in India. But New Delhi should not be taking it for granted.n The writer is a teacher at King's
College, London
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Of cousins & their offspring All my friends and cousins are welcome to share my home and hearth at all times; in fact, I go out of my way to make them comfortable once they come. But their offspring…alas….not all among them can lay claim to such a welcome. The prospect of a visit from the aforementioned, children who are 5-10 years old, makes me shudder! It is this group that wreaks the maximum havoc on your household goods, decoration pieces, books and electronic items. It could be your camera, your mobile phone, a table clock …anything that catches the child’s fancy! Say you are showing pictures of your recent holiday on the laptop to your cousins. Trouble begins to brew when the offspring starts to fidget, displays a bad temper and finally throws a tantrum! Howling like a banshee, he escapes from his mother's side and makes a grab for the laptop! Surprisingly, the doting parents are not embarrassed. They seem more amused than angry at the antics of their beloved child. You have, very sensibly, powered off the offending article and are in a stage of getting up and depositing your precious laptop someplace safer when the parent, usually the father, hurriedly intervenes. Against a near deafening backdrop of the shrieking child, the father tells you, “Jojo is very smart, he has a laptop at home (at age 7, you wonder) and he can already use it like a pro”. You smile, evincing nothing but the mildest of polite interest in the IT-related abilities of this child protégé. You know by now where the conversation is heading; the parents clearly want you to let their child have a go at the laptop you are trying to protect. You start to get up and the mother cleverly interjects: “Wait beta, Aunty is very nice, she will let you play a game on the laptop. First stop crying…come on…stop crying”. A classic example of looking London , talking Tokyo, she keeps smiling at me all the time she is supposedly telling her child this, covertly urging me to hand over the laptop to the child. In a cleverer manoeuvre, I say firmly, never mind the laptop, the battery is dead anyway, let me get you a nice toy. I know I don’t have toys at home for small children; the child does not want a nice toy, he bays for my laptop; and I am merely playing for time! I think of ways to make a quick dash across and out of the room. “He only wants to hold it, then he will let go, zidd kar raha hai bas!” the mother pleads again. Your resolve begins to weaken, despite all your past experience like you may lose data, your system may hang or worse crash, something may inadvertently be deleted by the kiddo etc…etc. I throw in the towel and beckon the child. But no, a final frontier has yet to be crossed; he will not use it in my lap and eyes me suspiciously! Much that I would like to bestow the kid a mean quick underhand pinch; I hand over the laptop to the parent where with a whoop of joy the offspring descends on the hapless piece of machinery. I avert my eyes while the onslaught continues; every clumsily punched button makes a direct hit at my heart. Finally, after what seems to me like ages, the child lets go of the laptop. Attracting its attention now is a crystal figurine that I had brought back from Paris as a souvenir…there we go again! The tears are beginning to well up again! “Stop crying beta…Aunty says FIRST stop
crying…!”
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When law-enforcers tread the unlawful path The filing of chargesheet by the CBI in the Ishrat case, implicating several police officers, brings to focus the issue of extrajudicial killings by the police. A recent UN report on extrajudicial, summary or arbitrary executions claimed that 109 civilian deaths occurred in India due to police firing in 2011. Most of such deaths occurred when the security forces took up “riot control, anti-extremism and anti-terrorist activities”. Proxy war
In policing, a serious role conflict always exists — as one between the ideals of crime control versus the ideals of due process. There are many limitations in our criminal justice system which hampers the efficient and effective functioning of the Indian police.
Besides, there prevails an attitude in society, which primarily judges the effectiveness of policing on the achievement of goals, and there is a performance culture judged on its outcomes. To add to the complexity of the situation is the new dimension of “across the border” sponsored terrorism fought with the commitment of jihad, backed by the ISI of Pakistan. This proxy war has to be fought by the security forces in India with their hands tied back, following police rules and criminal procedures meant primarily to deal with general crime. This gives rise to what is now termed as the “noble cause corruption” in the police. It is defined as corruption committed in the name of good ends to benefit society at large, in order to get the bad guys off the streets. It is the corruption of police power, when officers do bad things because they believe the outcomes will be good. They rationalise that such behaviour is part of the job description, in a utilitarian sense, to get the criminals off the streets, regardless of the means. Examples of noble cause corruption are extrajudicial killings, planting or fabricating evidence, lying on reports or in court, and generally abusing police authority to make a charge stick. This subcultural value system rationalises constitutional rights violations and often leads the police to resort to extrajudicial methods.
Fragile public support
While the whole concept of justification of the use of extrajudicial methods is based on what is being perceived as good for the largest number, the role and support of public opinion is a very important pillar here. But public support in itself is very elusive and difficult to quantify. It may be there today, but not tomorrow — there is also no explicit contract or demand. Any activity that may have legal implications must not be indulged in, with only public opinion to support. It would not be judicious to tread such a path which may land the practitioners into serious trouble in their career. The public is also awakening to the fact that the difference between a totalitarian state and a democratic one upholding principles of personal liberty does not lie in the laws, but in the manner in which these are applied. Fake encounters, illegal detentions, fabrication of evidence, planting of false cases and withholding from the suspects the right of the due process of law is bringing considerable criticism to the police from the courts and public alike. For a police officer, an equally important duty (besides ensuring that the guilty are punished) is the duty to see that the persons suspected of the crimes are not deprived of their constitutional rights. In their enthusiasm to secure the conviction of a suspect, very often police officers forget the importance of their obligations as guardians of personal liberty. Though their intentions may be bona fide, for a cause like national security, they may find themselves being prosecuted for their acts. As on October 12, 2006, 462 police officers were facing criminal writs, trials and investigations for allegations of acts of omission or commission during terrorism in Punjab. Writs faced by officers included two ADGPs, three IGs, two DIGs and 12 SPs. Court trials were under way in CBI cases against 20 SPs, 21 DSPs, 57 Inspectors, 52 Sub-Inspectors, 53 ASIs, 42 Head Constables and 51 constables for this period.
Back to barracks
There is great danger in allowing policemen to decide what are the situations where they would resort to the use of illegal methods. The police force that has taken to the path of extrajudicial methods of functioning would find it difficult to confine the use of such methods in only justifiable and limited cases. The control of the superior supervisory officers becomes weak when they start overlooking the transgressions. The ill-effects of police brutality and use of other illegal methods in policing do not remain limited. The Mollen Commission, set up to investigate corruption in New York in the 1990s, argues that the use of excessive force may be a rite of passage into the police subculture and the beginning of “the slippery slope” that leads toward other forms of police misconduct. Once the line is crossed without consequences, it is easier to abuse their authority in other ways, including corruption. This happened with some officers of the Mumbai police, who were hailed as “encounter specialists”, but were later arrested and suspended from service for being in cahoots with the underworld they had pledged to eliminate, and for amassing huge wealth.
Miscarriage of justice
Policemen may form a premature opinion in a case and investigation carried out with a predetermined mind is likely to ignore many evidences that may prove the innocence of the accused. And when there is little evidence to conclusively prove the guilt, other set of consequential illegal actions follow, such as the use of torture to get confession, planting of evidence and illegal confinement. Many times, miscarriage of justice has resulted in these kind of investigations. In September 2000, the CBI filled a chargesheet in the Pathribal “fake” encounter case against five Army officers, including a Brigadier and a Colonel. They were accused of acts punishable under Sections 120(b), 364, 307, 302 and 201, IPC, after the slain were conclusively proved innocent civilians.
Getting to the truth
The drafting committee of the National Criminal Justice System Policy, headed by Prof NR Madhavanan, has recommended various measures for effective management of not only the traditional forensic science requirements, but also to overhaul science and technology needs of the criminal justice system to raise the levels of capability and sophistication. Narco analysis during the past was only used by psychiatrists to find out psychological truth. The revelations made during the analysis were found to be very useful in cracking sensational cases like the Mumbai train blasts, and blasts in Delhi and Malegoan. The narco analysis technique has thus not only revolutionised the causes of crime investigation, but also has led various courts to redefine the very scope of the constitutional provisions vest under clause 3 of Article 20 (3)10 to 16 and Article 21. Brain-mapping technology scientifically detects the record of crime stored in the brain and the test represents a new paradigm in law enforcement. Increased understanding of neurosciences will contribute significantly towards piecing together the crime pattern stored in the brain. The recent amendments [2005] made to Section 53 of the CrPC, apart from others, is positive and proactive towards the recognition of the importance of scientific tests, including narco analysis amd brain mapping.
The stakeholders
While in cases of extreme crime like terrorism, extrajudicial killings may appear to be an effective deterrent — especially considering the instances of retaliatory kidnappings and hijacking to secure the release of arrested terrorists, and in majority of cases where terrorists escape conviction due to lack of evidence and no witnesses — resorting to extrajudicial methods as a means to control crime has its pitfalls as it takes away the checks and balances in the system and also does not account for plausible mistakes. The system also becomes extremely vulnerable to unscrupulous elements within the law enforcement community, who can bring about untold damage to society. Moreover, even in terrorist crimes, the use of extrajudicial methods delays the operation of appropriate channels and the debate to evolve new methods due to such ad hoc reactions providing temporary respite. In the end, in place of getting a legislation to tackle the problem at hand, more often it has been the enactment of restrictive legislation — at times, arrests of some committed, indiscreet and overzealous officers and the development of adverse public opinion for police. Therefore, no police action can be justified in the use of extrajudicial methods. The real remedy lies in the amendment to laws, rules and procedures to bring them in sync with the times, as strongly recommended by the National Police Commission; and a dynamic national counter-terrorism policy framework to meet the challenge posed by terrorist strikes.
‘Noble’ corruption
In police circles, it is defined as corruption committed in the name of good ends to benefit society at large and get the bad guys off the streets. It is the corruption of police power, when officers do bad things because they believe the outcomes will be good. They rationalise that such behaviour is part of the job description, in a utilitarian sense, to ensure criminals don’t escape the system, regardless of the means. Examples of ‘noble cause corruption’ are extrajudicial killings, planting or fabricating evidence, lying on reports or in court, and abusing police authority to make a charge stick.
The pitfalls
This subcultural value system rationalises constitutional rights violations and often leads the police to resort to extrajudicial methods. — The writer is an IG in Punjab.
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