|
|
|
|
|
No lessons
learnt Indictment
dismissed |
|
|
Telangana
to shape its own destiny
A lesson
in sharing
Not
draconian but much-needed law
|
|
Indictment dismissed The
dismissal of a case filed against the former acting Indian Counsel-General in New York by a federal judge in New York will be widely seen as the vindication of the Indian stand on the issue. The US judge said that Devyani Khobragade, whose arrest and strip-search by the US authorities had triggered an India-US standoff, was covered by the provisions of diplomatic immunity and thus could not be prosecuted. India had consistently maintained that the diplomat enjoyed immunity. The US position that as a councillor officer, she has limited immunity, has, however, not been overturned by the court, since the judgment is based on the immunity that the officer was granted as a member of the Indian mission to the United Nations. While the judge has dismissed the case, the federal prosecutors can still file another case against Khobragade, who they accuse of misstating facts on the application to request for a work visa for her maid and of lying about the amount of the pay she would get. Khobragade, however, maintains that the maid was trying to blackmail her. Others point out to how US officials helped the maid's family in fleeing India. Even as they evaluate the case, the prosecutors are aware that the officer is no longer in the US, and the ham-handed way in which she was charged and arrested led to unprecedented damage to Indo-US relations. India and the US have worked hard in the interim to improve relations. Now that the court has removed a major irritant, the US may well consider not raising the issue again. Diplomatic relations are built on reciprocity, and the last few months have shown the negative side of this principle as the US Embassy found some protective concrete barriers removed, and its diplomats found themselves without a number of privileges that were previously accorded to them. It is time to move on, and to allow this incident to become a footnote in the continuing stream of Indo-US engagement.
|
|||||
|
Ask five economists and you'll get five different answers -- six if one went to Harvard. — Edgar Fiedler
|
|||||
Railway nationalisation
THE resolution moved by the Hon'ble Mr. Achariar of Madras in the Imperial Legislative Council to take over the Company management of Indian railways to the State management is strongly approved by the people of India. Certain Anglo-Indian papers, however, opposed the idea, but it is interesting to learn that in England itself there is an ever increasing volume of opinion in favour of railway nationalization. A Conference of the supporters of this change was held on the 7th February in the Memorial Hall, London and was attended by more than 200 men of all parties and professions. Sir J. Compton Ricket, M.P., presided. It was explained that railways would be easier to control when managed by the State and not only would the position of labour be improved and the burdens of traders relieved but the nation itself would gain considerable advantage as in the case of the Post Office. It would make for economy, better service, and public safety as was proved by some of the facts explained at the Conference.
Punjab Legislative Council
THE Budget meeting of the Punjab Legislative Council was held in the Council Chamber of the Government House on Friday, the 13th March at 11 A.M. His Honour the Lieutenant Governor presided and there was a full attendance of members. Before the ordinary proceedings commenced, His Honour made a befitting and feeling reference to the demise of Lord Minto. His Honour read out the message he had cabled to Lady Minto on behalf of himself and the Punjab Government and the reply he had received from Lady Minto. His Honour read out the message he had cabled to Lady Minto on behalf of himself and the Punjab Government and the reply he had received from Lady Minto. His Honour said that apart from that message he had no doubt that in consideration of the broad sympathies and wise statesmanship of the late Viceroy the Council would desire to place on record their appreciation of the late Viceroy's qualities and work.
|
Telangana to shape its own destiny Around the same time, there was a strong agitation in the Telugu-speaking districts of the erstwhile Madras Presidency, demanding Andhra State. A self-effacing Gandhian, Potti Sriramulu, began a fast-unto-death in Vijayawada. Regrettably, no senior leader intervened. C. Rajagopalachary was the Chief Minister of Madras Presidency. Sriramulu's death led to widespread agitations in the Telugu-speaking districts. Prime Minister Jawaharlal Nehru announced the formation of Andhra State consisting of the Telugu-speaking districts of Madras Presidency with Kurnool as its capital. This revived the demand for Telangana State. The State Re-Organisation Commission of 1955 led by Fazl Ali opined that the considerations in favour of a separate Telangana were such that they could not be lightly brushed aside. Since Telangana was not conceded, an agitation for Telangana began and it assumed serious proportions in the 1960s under the leadership of Dr. Channa Reddy and his young deputy, Mallikarjun, who led a newly formed party called the Telangana Praja Samiti. The Samiti won most of the Telangana seats in the 1971 general election. While the Samiti merged with the Congress later, the demand for Telangana was never given up. The year 2009 saw a spurt in the Telangana agitation with K. Chandrasekhara Rao of the Telangana Rashtra Samiti leading the agitation. The Centre reacted with a statement promising to consider Telangana. This was followed by the appointment of a committee under Justice B.N. Srikrishna, who proposed various options. The committee felt that the demand for a separate Telangana was not entirely unjustified but the apprehensions of the people of the Andhra regions settled in Hyderabad should be taken care of. The Srikrishna report came as a shock to the people of Telangana since their aspirations for a separate State were not upheld by him. Justice Srikrishna's principal recommendation was that the status quo could be maintained with the Telangana region being given a constitutional guarantee of a Regional Council. The developments in the districts after The death of Y S Rajashekar Reddy in a helicopter crash eclipsed the fortunes of the Congress party not only in Rayalaseema but also in Seemandhra. The emergence of his son, Jagan Reddy, as an active politician and spread of his influence over the Seemandhra districts also alarmed the Congress, which faced total elimination in Andhra Pradesh. It was, therefore, considered advisable to concede the demand for Telangana so that at least some of the 17 Lok Sabha seats of Telangana could be shared with K. Chandrasekhara Rao's Telangana Rashtra Samiti. The Telangana Bill was taken up eventually on February 18. The Bill had a very rough passage in the Lok Sabha with unprecedented scenes like one member spraying pepper in the House and members from the Seemandhra region resorting to unruly behaviour. Subsequently, the Bill was placed before the Rajya Sabha and after chaotic scenes it was passed on February 21, 2014. The President's approval to the bifurcation of Andhra Pradesh subsequently brought about the eventual arrival of Telangana as the 29th State of India. It would formally come into being on June 2, 2014. However, the expectation of the Congress party that Chandrasekhara Rao would agree to merge his party with the Congress failed to materialise as Chandrasekhara Rao declared that his promise to merge his party with the Congress was on the expectation that Telangana would become a reality by September 2013. Since this did not happen and eventually emerged only in February 2014, there would be no merger of his party with the Congress. There is no agreement even on the question of seat sharing. With Chandrasekhara Rao aspiring to become the Chief Minister of Telangana and not without justification, the emerging position is understandable. Since the Telangana Rashtra Samiti is likely to win most of the 17 Lok Sabha seats in the Telangana region on its own, its unwillingness to share the seats with the Congress party is also understandable. In the event of seat sharing with the Telangana Rashtra Samiti not materialising, the Congress party's prospects in the coming Lok Sabha elections in the whole of Andhra Pradesh, including Telangana, are indeed bleak. There are some unconfirmed reports that the Telangana Rashtra Samiti is inclined to support the Third Front in the Lok Sabha elections. Since most political parties are likely to work out various poll alliances, the Telangana Rashtra Samiti's possible preference for the Third Front holds no surprise. There are some residuary problems such as the sharing of river waters, which originate or pass through the Telangana region, and the transfer of some villages from Khammam district in Telangana to the Seemandhra region for reasons not known. In the aftermath of the passage of the Telangana Bill and Hyderabad city becoming the common capital for both Telangana and Seemandhra States for a period of ten years, Seemandhra State has been given special status with a financial package for a period of five years. The Governor of Andhra Pradesh has been given special responsibility for overseeing the law and order arrangements, which essentially means control over the Police Department, in both the States. After June 2, 2014, both Telangana and Seemandhra will have to work out their respective destinies.
|
||||||
A lesson in sharing On a cold winter day, my friends and I also went to him for lunch. As we were having our food, a small boy, around 8, came to us asking for money. Out of habit, we ignored him. He asked again. This time, my friend asked him, "Khana khaega?" (Will you have food?). He did not answer, probably thinking that we were making fun of him. But my friend asked him again, and this time the boy gave a reluctant nod. My friend went to the cashier and gave him money for another plate and told him to give it to the boy standing nearby. We finished our lunch and started back towards our college when suddenly my friend said, "You guys carry on, I'll join you in a while." "Still hungry?" I joked. "No. I just want to make sure that the boy gets his food." I waited with him. After some time, I saw the vendor pass on a plate of food to him. He took it with tiny hands and a huge, grateful smile. And just as we were about to walk away, I saw a scene that would be imprinted on my mind forever. The small boy took the plate and walked a few steps towards his friend, another boy about the same age as him. He put the plate in front of him and gestured him to eat and he sat next to him. The two of them, oblivious to our presence, ate from the plate and when they finished, the boy gave back the empty plate to the vendor and hopped away merrily with his friend. Never before had I thought of doing an act of kindness in this manner. It made me wonder how something as small as a plate of food can make such a huge difference. My friend had not only given me a lesson for life but also made me understand that money is not always the solution to all worldly problems. But compassion truly is. And not only was it displayed by my friend but also the small boy, who could have eaten the food himself and satisfied his hunger. Instead he chose to share it with his friend, perhaps because he truly understood what hunger was. After that incident my parents and I have made it a habit of always keeping small packs of biscuits in our car. Wherever we find a kid begging for money, we pass on a pack to him. If we are eating out and have leftovers, we get them packed and hand it over to beggars outside the eating joint. And whenever I reminisce of that winter day, I hum these lines by Punjabi singer Gurdas Maan, "Us bhukke nu puchke dekh Maana, Jinu labbe na masa thyahi roti. O roti di kadar nu ki jaane, Jihnu mildi hai pakki pakai roti." (Try asking the one who's hungry, who searches and still cannot find food. How can he know the value of a meal, who has never had to earn one for himself?)
|
||||||
Not draconian but much-needed law “Justice,” said the great philosopher Aristotle, “consists of treating equals, equally and unequals unequally but, in proportion to their relevant differences”. This Aristotle, also added, involves impartiality. Impartiality is the bedrock of the edifice that constitutes our judicial process. The Criminal Law (Amendment) Act 2013 that received the President’s assent on April 2, 2013 is now over a year old, having, in fact, come into force with effect from February 3, 2013. The Act, which resulted from the horrific gang-rape of a young student in Delhi who later succumbed to her injuries, is a benchmarking legal enactment. The Act is commonly perceived as a major step in the context of the dignity of women. By including important new Sections dealing with acid attacks, stalking, voyeurism and trafficking — which are all related sexual offences against women, it is a critical addition to our legal provisions.
Acid attacks One of the most frequently occurring incidents of heinous crimes against women is the throwing of acid. It is now a nationwide phenomena, with very painful instances being reported. The Act has inserted Section ‘A’ & ‘B’ to Section 326. There is now no difference between temporary disfigurement and permanent disfigurement. Section 326A provides for imprisonment for not less than 10 years, which can go up even to life imprisonment. Importantly, it also provides for a fine that shall meet the medical expenses of the victim. Stalking Sections A, B, C & D, inserted to Section 354, are important additions that will address the large number of cases that have been occurring, even getting reported, but failing to get the offenders punished adequately. Stalking, for example. I recollect a television debate on a leading channel in which a well-known lady anchor said that one was yet to meet a woman in Delhi who had not been stalked or ogled at. The Act provides that when reasonably established, a stalker can be sent to jail for the first offence for three years and the second time for upto five years. Section 354 D I (i) defines stalking: “follows a woman, contacts or attempts to contact such a woman to foster personal interaction repeatedly…..”. A sub-section (ii) even provides for stalking by any means of electronic communication, emailing, mobile phones, the internet etc. A large number of cases relating to acid attacks and even rape actually start with stalking. By codifying stalking, an important lacuna has actually been handled. A number of girls drop out of schools because of being stalked on their way to school. For safety, parents usually withdraw the girl from school/college. Voyeurism Voyeurism, a term rarely discussed or acknowledged in India has been effectively explained in Sections 354 B and C: “disrobing or compelling her (the victim) to be naked…..” is an offence that can entail imprisonment of three years and go on to even seven years. Likewise, this Section now has the provision of punishing those that violate a woman’s modesty by trying to photograph or capture the image of women’s genitals, posterior or breasts. “Any man who watches or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed….” is now an offence that entails imprisonment of one year, extendable to three years. The provisions have been criticised by some on the ground that, it may trap innocent men. However, this section addresses a vital gap. Women, particularly in rural India and even urban India, manage without the basic facility of toilets and baths. Routine activity like attending to the calls of nature and bathing have led to problems for women. The provision serves to provide dignity to woman, particularly the less privileged, is very sensitively drafted. Trafficking Section 370 has now Section 370 (i) in place. This Section deals with the widely prevalent crime of trafficking. The explanations are painstakinglly drawn. The term “exploitation,” for example, now includes “……. Slavery or practices similar to slavery, servitude or the forced removal of organs……”. Most importantly, the Section notes that “the consent of the victim is immaterial in determination of the offence of trafficking…… ” . The punishment provided for offences under these Sections is close to being exemplary, particularly in the case of children where the minimum imprisonment is of 10 years extendable to life. For trafficking of more than one child, the Section provides for punishment for a period of 14 years, extendable to life. Rape & age of consent Section 375 has substituted several earlier sections that dealt with the crimes of rape. This Section has been the most widely discussed and provides 16 years as acceptable as the age of consent for sexual relations. When the Justice Verma Committee made this recommendation it obviously did so keeping in mind that the age of consent for sexual relations in India had been 16 years since 1983. The Act obviously does not seek to endorse teenage sexual relations. It simply acknowledges that such relations will not be seen as a crime. Several studies have established prevalence of sexual relations, both in rural and urban India, in those of 16 years or more. Those who oppose the Section by demanding the increase in the age to 18 because this is the legal age for marriage miss the point completely. Sexual relations between married and the unmarried cannot be differentiated by the element of age alone. The core point is that the most basic definition of rape is the absence of consent by the woman. Each case where there is no consent by the victimised women cannot but be treated as a crime. The punishment for the crime of rape in the new provision can now go up to life. Custodial rape The Act also deals with effective provisions and explanations for “custodial rapes”, the kind so frequently reported in the northern states in particular. It explains the term custodial not just in terms of the police and the armed forces but in the form of a guardian, teacher, a person in authority, a remand home, a shelter or a transit home. Physically and mentally challenged women, frequently victims of sexual assault in public places, have found specific focus in the provisions of the Act. Exemplary punishment for gang-rape The crime of gang-rape, that triggered the construct of this Act, has been sensitively handled. Each of the persons who participates in a gang-rape is now punishable by a term of not less than 20 years. And this can go upto imprisonment for the remaining part of the offender’s life. The amendment to Section 273 now provides that it is to be ensured that a victim of rape when under 18 years shall not be confronted by the offender at the time of the recording of the crime. Amendments to Section 309 provide for the day-to-day conduct of proceedings of such cases. The Act, by going into explanatory detail, has made the work of the courts easier and, more importantly, duty bound. Acid throwing is now a non-bailable offence and can now be tried only in the court of the sessions. Trafficking has drawn exemplary attention. The significance of the Act also lies in the fact that almost all offences under the Section (370) are not only non-bailable but are to be conducted in the court of the sessions. Justice Verma’s contribution Justice JS Verma will for long be remembered for his contribution to India’s judicial process, even more so for the recommendations that were made by the Committee headed by him. This went on to form the foundation for the new Act. A proactive media ensured that the Parliament did not sleep over it or mark it down to some casual committee. This Act is ambitious no doubt, but what is worrying the legal fraternity (and quite rightly so) is that oral evidence is bound to play a key part in its execution and it is this that requires a well-trained system of support. The police, for instance, will have to be sensitively trained. Finally, it boils down to how the judiciary takes it on. We all know that any provision of any law is only as good as the system in which it is made to operate. India has an abundance of laws specially for the protection of women, but the important part is its implementation by a gender-sensitive investigating agency as well as judiciary. Every law, indeed every section of this Act or any other has a spirit and a message that lies, hidden and unhidden in the provisions of the concerned Act. A gender-sensitive, proactive and earnest judicial officer will have no trouble in keeping the core of the Section in mind while handling the case. On the other hand, a less-sensitive judge is likely to easily show oversight for the key elements, thereby reducing the effectiveness of the Act and its provisions to a state of no, or little meaning. — The writer is Director, Women’s Studies Research Centre, Kurukshetra University
|
|
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Letters | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
T
W
A