The Tribune, Chandigarh, India

Cycle of violence
An Egypt-brokered pause, but peace remains elusive

Rockets were briefly silenced following the Israeli Cabinet's acceptance of an Egyptian proposal for a ceasefire, even as Hamas officials dismissed the offer. Hundreds of Palestinians have died in Israeli air attacks on Gaza, with Hamas and other militant groups firing largely ineffective rockets on Israel. A sophisticated Israeli missile defence system intercepted most of them, but the battles rendered homeless thousands of Palestinians.

The region is again in the grip of a cycle of violence with a high body count. The trigger was the tragic death of three Israeli teenagers who were kidnapped and killed, apparently by Palestinians. This set off a process of retaliation, including the killing of a Palestinian teenager by Israeli extremists. The UN Security Council had called for a ceasefire between Israel and Palestinians on the Gaza Strip, a call echoed in a growing number of world capitals, but it was the Egyptians who persuaded Prime Minister Benjamin Netanyahu to step back from his hard-line stance that had garnered popular support for him within Israel.

Many Palestinians living in the northern Gaza Strip evacuated the area after the Israeli army ordered them to do so, thereby becoming refugees, who will need to be looked after. The de-escalation of violence, restoration of calm and a resumption of direct negotiations between Israel and Palestine are the ideal way to resolve the issue. Egypt has provided an opportunity for realists on both sides to take stock of the situation and work towards peace. The rejection by Hamas, the militant group that has ruled over Gaza since 2007, may well be a tactic rather than an outright dismissal of the offer. The warring parties now need to get to the negotiating table. The last mile has always been the most difficult one for both sides. This is where the Western and regional powers need to weigh in and thus prevent more bloodshed, even as Israeli and Hamas leaders ignore pin-pricks and focus on the larger picture. A difficult undertaking at the best of times, it would be more so when the situation is so volatile.

Thought for the Day

To succeed in life, you need two things: ignorance and confidence.

— Mark Twain

On this day...100 years ago

Lahore, Thursday, July 16, 1914

Organized cattle thefts in Karnal

DURING his recent visit to Karnal the Lieutenant-Governor of the Punjab replying to the welcome address jointly presented by the Municipal Committee and the District Board referred to the recrudescence of organised cattle theft for which Karnal has been notorious. Government adopted special measures to cope with this evil and succeeded in breaking up organised gangs who were committing these depredations. But those of them who had escaped the long arm of law have after a period of quiescence again made their presence felt by resuming their "old games." Referring to this His Honour said: "I ask you Darbaris and gentlemen of the District Board, many of whom are honourary magistrates and zaildars and all of whom have influence with the people, to make it clear to every one in your respective ilakas that Government is resolved to put down this crime with a strong hand. Finally if any man of position whether Jagirdar, Mafidar or Lambardar is shown to assist in the theft, to receive the stolen property or to screen the thieves for justice, in addition to other punishments he will be deprived of the izzat and the emoluments he receives from Government."

Standard of proof for the conviction of criminals

REVIEWING the criminal administration report of 1912 His Honour the Lieutenant-Governor of the Punjab stated that some of the Magistrates insisted on a very high a standard of proof. It was believed that this statement subsequently resulted in the holding of a Divisional conference of Magistrates. As to what took place at the Divisional conference and whether the Government took any further action on the proceedings of that conference the public are entirely in the dark.

ARTICLE

Towards free enterprise
The rightist government avoids taking risks
Kuldip Nayar

Prime Minister Narendra Modi's rule so far has been tepid and devoid of any spectacular step to pull India out of the mire of non-development in which it is stuck. The absence of push becomes all the more glaring when there is no lessening of poverty. Former RBI Governor Rangarajan's report, released a few days ago, finds three out of 10 Indians below the poverty line. This is more than what we inherited when the British left in August 1947.

After having experienced a long spell of non-governance under the Congress, I thought that the BJP government would spell out legal and other measures to set the strangled economy free to grow. The budget has not told us how and when.

The government looks too timid to take steps which are considered risky. When the BJP on its own has a majority in the Lok Sabha, it is difficult to understand the reason for its halting approach. During the election campaign Modi had promised to cut red tape to ensure rapid growth. When it comes to action, there is hesitation, if not lethargy, on the part of the government.

If the first 50-odd day of rule by Prime Minister Narendra Modi is any guide, it is the rightist government which has taken over India. The Nehruvian ideology, which tilts towards left, has been jettisoned. Once again, free enterprise and unencumbered trade will motivate people.

This is a turnaround from the policies that have guided the nation so far. The public sector will shrink and the rich will expand their area of influence and operation. This is a logical consequence of a free economy. How far Modi will go to remove limitations on unplanned enterprise is difficult to say, but there is no doubting of governance by the rich and powerful. It is bound to drive the weak to the wall because the capitalist system knows no other way to grow. Yet Modi should be prepared to face stiff opposition from the beneficiaries of the system which is leftist in content.

However, there is nothing dynamic about the programmes and policies which Modi has unfolded. His election campaign promised so much and aroused the aspirations of people to such a length that his budget is considered inadequate to bring about the changes which are necessary to go forward.

The BJP should understand that development can change the party's parochial image. In an atmosphere in which growth is slow, people miss the pluralistic society all the more. The only redeeming factor is that the BJP government has not underlined its communal agenda. Yet who knows whether the Modi government would go back to the policy of dividing people after making them complacent.

It seems that Modi is going out of the way to give the impression that after becoming Prime Minister he has changed his stance of promoting Hindu nationalism. His party, the BJP, talks about secularism all the time as if there is no contradiction between a Hindu state and a pluralistic society.

True, this is the line of the RSS which believes that all those born in India are Hindus irrespective of whatever faith they may be pursuing. Yet the BJP has kept a distance from the RSS because it is seen as an advocate of a hard line. In fact, the RSS men are joining the BJP to get the advantage of a comparatively better image it has.

Modi remained within limits when he went to Srinagar a few days ago. He did not say that the state was an integral part of India as he did earlier. He merely remarked that he would pursue former Prime Minister Atal Behari Vajpayee's line of humanism. Even the hartal in Srinagar on the day of his visit did not provoke him to react differently. Perhaps, he thought that he had already sent a message across by visiting the state of Jammu and Kashmir within days of his taking over.

The problem with Modi is his image. He is considered anti-Muslim in a country which has roughly 18 million Muslims. They, indeed, feel insecure. They still recall his alleged complicity in the anti-Muslim riots in Gujarat in 2002. Although a special investigation team (SIT) under the supervision of the state high court has given him a clean chit, the tag of partisanship still pursues him. As Prime Minister, he should go out of the way to win the confidence of the minorities. His accommodative approach towards the SAARC countries-three of them are Muslim-is a step in the right direction. Yet he has to do more to win their trust as Vajpayee did.

I do not see yet any glaring false step in governance. Elections are such a torrid experience that even the largest political party or a popular leader takes time to get adjusted to the cold reality of failure. This is what has happened to the Congress and its leader, Sonia Gandhi. Both have not yet recovered from the loss on the parliamentary election after ruling the country for a decade. The Congress has been reduced to a rump of 44 in a 543-member Lok Sabha. It is time for the party to analyse what went wrong. But the statements by the Congress leaders reflect complacency. The voters who have returned the BJP want to see the implementation of the promises made by Modi. But then these are early days in his governance. We should wait for another 50-odd days to see before assessing his performance since that is the target he has set for himself and his ministers

The insistence by the Congress leaders to be recognised as the Leader of the Opposition makes little sense. When the party does not have the mandatory one-tenth of members, that is 55, in the Lok Sabha, it should have accepted the defeat and faced the facts. There have been occasions when the Telugu Desam Party, despite being the single largest outfit, did not get the status of Leader of Opposition some years ago. I can understand the Congress's predicament. But the party should not make it a big issue and instead leave it at that.

MIDDLE

Coping with computers & mobiles
Kirti Dua

Keeping pace with changing technology in the present times is a challenging task, especially for the middle-aged group. One of my friends in his mid-fifties is in government service. Last year, upon promotion, he shifted from a field job to a desk job at the head office in Chandigarh. Computer literacy is mandatory for the desk job. Initially, he made futile attempts at learning the use of computer from his college-going children. Soon he realised that the best bet was to join a computer coaching centre. Along with the basics of computer operations, he also learnt chatting and found it to be very exciting. One can freely express oneself even with the opposite gender without much apprehension. Subsequently chatting became a habit with him on his children's computer in their absence. But his excitement was short-lived as to his dismay, one day his daughter showed all the details of his chatting retrieved from the history of the Yahoo messenger to other family members. It was beyond his comprehension that how his children could retrieve his communication when he had switched off the computer.

Another new thing he learnt on computer was to send and receive emails. It was quite fascinating to know that information can be transferred very quickly and without any hassle. So to impress his friend with some smart emails he had, he phoned his friend Charanjit for his email address. Just type @gmail.com after my name was his reply. He wrote charanjeet@gmail.com and sent him all kinds of emails, including some naughty ones. This continued for three-four days.

Actually he was expecting a phone call from Charanjit, which he never received. Finally, he called Charanjit and asked him how he liked his emails. Charanjit said that he had not received any emails from him. He kept wondering about his emails till he received a phone call from a lady named Charanjeet from Ludhiana, who had traced his phone number and gave him a big lecture on moral science that day. Then he realised that he wrote "charanjeet" instead of "charanjit", a small mistake that had put him in an embarrassing position.

On his birthday, his daughter gifted him a touch screen mobile phone. First, he was uncomfortable that names on the screen moved very fast and it was really difficult to catch the name. The second feeling he had was that his fingers were a bit thick and that made the use of the touch keypad of the mobile phone difficult.

One Saturday evening his boss told him that he needed to come to the office on Sunday to complete some urgent reports. After the call he had the choicest abuses for his boss for spoiling his Sunday. In the process he forgot to press the end call red button and his boss heard all he had said. It can very well be imagined how he faced his boss the next day. After such experiences, he is left wondering if it is really necessary to keep pace with the fast-changing technology.

OPED — SOCIETY

Wanted: Gurdwara Act for modern times
As battle lines are drawn over the control of the historic Sikh shrines in Haryana, the need for an All India Gurdwaras Act is once again being debated
Kanwar Sandhu

The historical Gurudwara ‘Chhevien Patshahi’ in Kurukshetra.

A 10-member panel of the SGPC at Kurukshetra. Tribune photos: Ravi Kumar

Although the management and control of Sikh gurdwaras has been a contentious issue for more than a century, it is for the first time since the enactment of the Sikh Gurdwara Act in 1925 that the issue is once again heading towards a tipping point. This time the battle lines are drawn over the control of the historic Sikh shrines in Haryana.

The present impasse could have been avoided had the Sikh community leaders moved towards the avowed goal of having an All India Sikh Gurdwaras Act and under it an overarching All India Board to manage the historic gurdwaras in the country.

Earlier this month, after much dithering, the Congress Government in Haryana led by Bhupinder Singh Hooda, set in motion the process of having a separate body called the Haryana Shiromani Gurdwara Prabandhak Committee (HSGPC) to manage the Sikh shrines in that state. Although the timing of the move on the eve of Vidhan Sabha polls is questionable, Hooda asserts that he is fulfilling the longstanding demand of the Sikhs in Haryana. He claims that Haryana’s Sikhs feel ignored by the Shiromani Gurdwara Prabandhak Committee (SGPC), which has its headquarters at Amritsar in Punjab.

Ploy to divide Sikhs

On the other hand, the SGPC, which currently controls and manages the historic Sikh shrines in the states of Punjab, Haryana, and Himachal Pradesh, besides Chandigarh, feels that this is a Congress ploy to divide the Sikhs. Besides, the Shiromani Akali Dal (SAD), which has enjoyed complete control over the SGPC since its inception, too is incensed. Being a partner in the NDA Government at the Centre, it has sought the intervention of the Union Government. Meanwhile, apparently at the bidding of the SGPC, the temporal head of the Sikhs, the Akal Takht Jathedar has made an appeal to Sikhs to oppose the Haryana Government’s move. The Jathedar drew flak from many Sikh quarters for meddling in what appears to be a political issue.

Battle for control

At stake are 72 gurdwaras in Haryana, including eight historic ones, which are currently managed by the SGPC. While the SGPC is claiming that the total revenue from the Haryana gurdwaras is only Rs 30 crore annually, the Haryana Sikh leaders claim that the figure is much higher. The Haryana Government passed the Bill for a separate Sikh Gurdwara Committee in the state at a specially convened session on July 11. While the Hooda Government is asserting that the Bill had got the mandatory assent of the Governor in order to become a law, the SAD and the SGPC are insisting that it would require Presidential assent.

Besides the money, the issue is clearly one of political dominance. In fact, the two are interlinked for it is often said that whoever controls the gurdwara golak (offering box), dominates Sikh politics. Although Sikhs account for only about 6 per cent of Haryana’s population, they have sizeable votes in the districts of Karnal, Kurukshetra and Ambala.

There is no denying the fact that had the SGPC taken the Haryana Sikh leaders along in the control and management of the Sikh shrines, the present impasse would not have arisen. It was only when the breakaway was inevitable that the SGPC announced the formation of a sub-committee to manage Sikh gurdwaras in Haryana. “It is too little too late,” is how one of the Haryana Sikhs reacted to the SGPC offer.

Legal wrangling

The issue of a separate body for Haryana is now embroiled in legal wrangling. Haryana argues that the Sikh Gurdwara Act, 1925 is a Provincial Act passed by the Punjab Assembly. Besides, the Punjab legislature has amended the Sikh Gurdwara Act more than 30 times between 1925 and 1961. It also insists that being a statutory corporation, the SGPC is covered under Entry 32 of List II (State List) of Schedule 7 of the Constitution of India. Moreover, Section 72 of The Punjab Reorganisation Act, 1966 provides for a separate gurdwara body, which has been further endorsed by the Supreme Court in its 2008 judgement in the Kashmir Singh versus Union of India case by stating that the 1966 Act had an extraterritorial application and on such issues the Central Government had merely nominated the State of Punjab with the consent of the State of Haryana.

On the other hand, the SGPC and the SAD insist that the Bill must be referred to the Centre since it is an inter-state matter that requires divesting the existing SGPC of control over Sikh gurdwaras and properties. They say that the decision to hold elections to the SGPC is also taken by the Union Home Ministry and not the state government. To further rub in the point that the decision to form a separate gurdwara body for Haryana rests with the Union Government and the Parliament, the SAD argues that the Union Home Ministry has amended the Sikh Gurdwara Act, 1925 by way of notifications on several occasions. This includes the notification denying voting rights to Sahajdharis (those who have shorn hair but believe in Sikhism).

Countering the point that the Union Government issued executive orders on the Sahajdhari issue, the Haryana leaders argue that this notification was quashed by the Punjab & Haryana High Court and the issue is now under appeal by the SGPC in the Supreme Court.

Gurdwara Act

Legal wrangling apart, the present stand-off has its basis in the very inception of the Gurdwara Act of 1925. The enactment was preceded by a long agitation during in which, according to some estimates, nearly 400 people lost their lives and another 2,000 sustained injuries. As many as 25,000 people had courted arrest.

Before the Act of 1925, most of the gurdwaras in India were under the control of clergy (mahants). They were different from mainline Sikhs as they still believed and practised many old Hindu rituals, including debarring people of the lower castes from entering gurdwaras. There were also allegations of the offerings of the devotees being misused.

Reform movement

The Gurdwara Reform Movement was started in 1920 by the Singh Sabha’s political wing which later came to be known as the Akali Dal. Starting from a historic gurdwara in Sialkot, the gurdwaras were freed one by one from the mahants by Sikh volunteers (jathas). In more than one place the jathas were attacked and at Nanakana Sahib as many as 130 persons were killed. In 1923, even the Congress extended support to the movement. Under immense pressure, the British Government agreed to transfer the control of gurdwaras to the Akalis and in 1925 a Sikh Gurdwara Bill was introduced in the Punjab Legislative Assembly, under which the Central Board (SGPC) was created. The Act was initially extended to the gurdwaras situated in the Punjab of British India. During Partition, 179 of the 761 historic gurdwaras under SGPC control remained in Pakistan. This included the two famous gurdwaras associated with Guru Nanak — Nankana Sahib and Panja Sahib. Later, some princely states which had grouped together as PEPSU were merged in Punjab and in 1959 the Gurdwara Act was extended to these areas.

In 1966, when Punjab was reorganised on linguistic basis, the Gurdwara Act continued to be applicable to historic gurdwaras in Punjab, Haryana, HP and Chandigarh.

The SGPC in its present form is in actual effect only a half-way house to what was initially intended. Today, not only are the gurdwaras in Pakistan outside its purview, even the historic gurdwaras in other parts of India, including Patna Sahib in Bihar and Hazur Sahib at Nanded in Maharashtra, have their own managements, which are independent of the SGPC. In 1971, the Parliament passed the Delhi Sikh Gurdwaras Act under which the Delhi Sikh Gurdwara Management Committee was formed to manage the historic shrines in Delhi.

All India Act

The need for an All India Act was felt as far back as 1930. However, it was only in April, 1958 that the SGPC asked one of its members, Ajit Singh Sarhadi, who was also an MP, to move a draft Bill in the Lok Sabha. But the Bill was finally presented by a Congress MP from Madhya Pradesh, Amar Singh Saigal, in August that year. However, when the Bill was circulated for eliciting public opinion, there were serious differences among Sikhs over many of its clauses and it was deferred.

Efforts towards an All India Bill were again revived in 1977 when the Punjab Government appointed an Advisory Committee under Justice Harbans Singh to draft the Bill. A fresh draft of the Bill was sent to the Central Government in 1979, which again sent it to states for comments. However, it remained a political slogan and the Akali Dal Government did not push it strongly enough.

The enactment of the All India Sikh Gurdwaras Act even finds mention in the 1978 Anandpur Sahib Resolution of the SAD, which is considered a policy document of the party. In 1986 the SGPC once again circulated a draft of the Bill, which was further revised by Justice KS Tiwana in 2002. Yet nothing tangible has come out of it, as successive governments at Delhi too have decided to adopt a wait-and-watch policy. It is widely believed that the All India Bill has not been pressed because many Sikh leaders fear erosion of their control due to sharing of power at an all India level.

Then there are other challenges: An increasing number of Sikhs do not fully conform to Sikh appearance yet consider themselves Sikhs. Many such Sikhs are settled abroad. The huge number of Sikhs residing outside India also want representation and a voice in Sikh deliberations. Unless the Sikh community is unanimous on an over-arching and all-encompassing All India Gurdwaras Act and the resultant management body, demands for separate state and other committees will only grow. Whatever remains of the SGPC could be further chipped away if after Haryana, Himachal Pradesh follows suit and demands a separate gurdwara body.

Rise and fall of SGPC

1920: Gurdwara Reform Movement started

1925: Sikh Gurdwara Act passed for Punjab paving way for Central Board (SGPC)

1947: Partition of India - Of the 761 historical gurdwaras under SGPC, 179 remain in Pakistan

1959: Sikh Gurdwara Act extended to 176 PEPSU gurdwaras

1966: Reorganisation of States - SGPC continues to control gurdwaras in Punjab, Haryana, HP and Chandigarh

1971: Parliament passes Delhi Sikh Gurdwaras Act for setting up a committee for Delhi gurdwaras

2014: Haryana Governor gives assent to Haryana Sikh Gurdwaras (Management) Act. SGPC, SAD protest.

Elusive All India Sikh Gurdwara Act

1958: All India Sikh Gurdwaras Bill introduced in Parliament as a private member bill. Allowed to lapse.

1964: All India Sikh Gurdwaras Bill again introduced as a private members bill. Allowed to lapse

1977: SGPC forms an Advisory Committee under Justice Harbans Singh to draft an All India Sikh Gurdwaras Act

1978: Demand for an All India Sikh Gurdwaras Act forms a part of Anandpur Sahib Resolution of SAD

1979: SGPC sends draft All India Gurdwaras Act to Central Government. Remains pending

1982: Demand for an All India Sikh Gurdwaras Act forms a part of the Dharam Yudh Morcha of the Akali Dal and SGPC

1985: Creation of an All India Sikh Gurdwaras Act forms a part of the Rajiv-Longowal Accord

2002: Draft of an All India Gurdwaras Act revised by Justice KS Tiwana. Remains pending.