The Hindu Editorials_Dec13

CMYK BG-X MONDAY, DECEMBER 2, 2013 8 THE HINDU MONDAY, DECEMBER 2, 2013 BANGALORE EDITORIAL I ndia’s GDP grew at 4.8 per cent for the second quarter of the current year, July-September 2013. The data, released by the Central Statistics Office on Friday, are entirely in line with expectations. Together with the 4.4 per cent clocked in the first quarter, which marked a four-year low, economic growth during the first half of the year has been a meagre 4.6 per cent. Policymakers are banking on much higher growth rates — in the vicinity of 5.5 per cent — during each of the remaining quarters to pull the economy out of the sub-5 per cent growth trajecto- ry. In 2012-13, the economy grew by 5 per cent, the lowest annual rate of growth in a decade. Companies shelved their investment plans in an uncertain and often adverse policy environment, while consumers cut back on spending in the face of high borrowing costs. The challenge has been to revive investment demand and spur consumer spending. There are no easy answers. Great significance is attached to the clearance of stalled and new projects by a special cabinet committee. However, it is too early to measure outcomes. Persistently high inflation and well-entrenched inflation expectations have dragged consumption down. A more optimistic view is that the economy has seen its worst, and from now on a recovery is quite possible. Supporting this view is the mild upturn in industry and a sharp pick-up in agriculture. Industry rose by 2.4 per cent in the second quarter from a meagre 0.2 per cent in the previous quarter, on the back of improvement in the core sectors of mining, utilities and construction. The revival in exports has certainly helped in achieving a turnaround in manufacturing. It grew by 1 per cent in the second quarter compared to a decline by an identi- cal margin in the first. Yet, too much should not be read at this stage into the improvement in this critical sector. However, agricultural growth — at 4.6 per cent compared to 2.7 per cent in the April-June quarter — might well be sustained and in fact spearhead overall recovery in the latter part of the year. The biggest dampener, however, is likely to be in one important sub-sector of services — community, social and personal services. Often considered to be a proxy for government spending, its growth rate has slumped to 4.2 per cent from 9.4 per cent in the first quarter. The government has the unenviable task of reining in fiscal deficits to within 4.8 per cent without drastically cutting down on essential government spending. Without this, a growth rate of 5 per cent or more will be unattainable. The challenge of 5 per cent growth S etting a 2020 Perspective Economic Agenda for India requires clarity about the framework within which economic policy choices have to be made. There is a wide global consensus today that democracy and competitive market economy provide that framework. Democra- cy is a system of governance by consent of the people. Democracy has become the trend, the accepted system of government globally, and it is spreading worldwide. Furthermore, devolved democracies better manage contradictions and conflicts arising out of a heterogeneous society and provide effective feedback through an independent press to enable corrective action by the government. It empowers people to question the authorities and make themac- countable in an election. Moreover, the comparative economic results in East and West Germany, North and SouthKorea, China before reformand China now, have conclusively proved that a competitive market systemdriven by incentives is superior to a coercive, state-controlled system, and that transparent democracy is a better system of governance than a closed dictatorship. With the disintegration of the USSR into 16 countries in 1991, the comparative economic development theory has changed its focus froma study of alternative systems to alternative governance models of democracy, market systemand globalisation, that is, change of focus fromdictatorship vs. democracy, and state ownership vs. competitive market, to harmonising freedomand choice, with regulation, and how much public sector and how much private, and how the emanci- pating and enabling power of democracy is to be balanced with the development of a profit-driven and competitive efficient market — what regulatory democratic institutions must do to promote the efficient allocation of resources with good, transparent and accountable governance. Governance norms, if properly enforced, can enable India to grow at 12 per cent a year by efficiently using the current 36 per cent rate of investment — by reducing the current incremental capital output ratio from4.0 to 3.0. This implies a 36 divided by 3 per cent growth rate in GDP, or 12 per cent a year, which will mean a doubling of GDP every 72 divided by 12 years, or just six years, and that of per capita income doubling every seven years. This growth rate can take us to the league of the top three nations of the world, of the U.S., China and India, by 2020 and help overtake China in the next two decades thence. That should be the goal of governance for us today. India is not yet aneconomically developed nation. While it has demonstrated prowess inIT software, biotech and pharmaceuticals, accelerated its growth rate to 9 per cent a year to become the third largest nation in terms of GDP at PPP rates, it still has a backward agricultural sector hosting 62 per cent of the people of India. Farmers are committing suicide unable to repay their loans, the national unemployment rate is over 15 per cent of the adult labour force, and there is prevalence of child labour arising out of nearly 50 per cent of the children not making it to school beyond the fifth standard. The country has a deeply malfunction- ing primary and secondary educational system, 300 million illiterates and 250 million people in dire poverty. India’s infrastructure is pathetic, with frequent electric power breakdowns even in metropolitan cities, dangerously unhealthy water supply in urban areas, galloping HIV infections, and gaping holes on the National Highways. To become a developed country, India’s GDP will have to grow at 12 per cent a year for at least a decade. Technically this is within India’s reach, since it would require the rate of investment to rise from the present 28 per cent of GDP to 36 per cent while productivity growth will have to ensure that the incremental output — capital ratio declines fromthe present 4.0 to 3.0. These are modest goals that can be attained by increased FDI and by use of IT software in domestic industry. Need for more reforms But for that to happen, more vigorous market-centric economic reforms to dis- mantle the vestiges of the Soviet model in Indian planning, especially at the provincial level, are required. The Indian financial sys- temalsosuffers froma hangover of cronyism and corruption that have brought government budgets to the verge of bankruptcy. This too needs fixing. India’s infrastructure requires about $150 billion to make it world-class, while the education system needs 6 per cent of GDP instead of 2.8 per cent today. But an open competitive market system can find these resources, provided the quality of governance and accountability is improved. Obvi- ously, a second generation of reforms is necessary for all this. But reforms are urgently required to be carried out to accelerate India’s growth rate to 12 per cent a year. India has many advantages today for achieving a booming economy: a demographic dividend, an agriculture that has internationally the lowest yield in land and livestock-based products, and also at the lowest cost of production, a full 12 months a year of farm-friendly weath- er, a highly competitive skilled labour force and low wage rates at the national level, the advantages of which have already been proved to the world by the outsourcing phenomenon. We have a young population (average is 28 years compared to the 38 years of the U.S., and Japan’s 49 years) that can be the base for it by ushering in innovation in our production process. Since the worldview of economic development has now completely changed, economic development is no more thought of as capital-driven but as knowledge-driven. For application of knowledge, we need innova- tions. This means more original research, which needs more fresh young minds— the cream of the youth — to be imbued with learning and placed at the frontier of research. Instead, for decades since Independence we had been told that India’s demography was its mainliability, that India’s population was growing too fast, and what India needed most was to control its population, even if by coercive methods. Globally, India today leads inthe supply of youth — persons in the age group of 15 to 35 years — and this lead will last for another 40 years. We should not, therefore, squander this “natural resource”. We must, by a proper policy for the young, realise and harvest this demographic potential. China is the second largest world leader in having a young population today. But the youth population in that country will start shrinking from 2015, because of the lagged effect of the one-child policy. Japanese and European total populations are already fast ageing, and will start declining in absolute numbers from2013. The U.S. will, however, hold a steady trend thanks to a liberal policy of immigration, especially from Mexico and the Philippines. But even then the U.S. will have a demographic shortage in skilled personnel. All developed countries will experience a demographic deficit. India will not, if we empower our youth with multiple intelligence. Our past liability, by a fortuitous turn of fate, has become our potential asset. Thus, India has now become, by unin- tended consequences, gifted with a young population. If we educate this youth to develop cognitive intelligence to become original thinkers, imbibe emotional intelligence to develop team spirit and a rational risk- taking attitude, inculcate moral intelligence to blend personal ambition with national goals, cultivate social intelligence to defend the rights of the weak, gender equality, the courage to fight injustice, and the spiritual intelligence to tap into the cosmic energy (Brahmand) that surrounds the earth, then we can develop a superior species of human being, an Indian youth who can be relied on to contribute to make India a global power within two decades. Only then, our demographic dividend will not be wasted. This has to be the core of the economic agenda for a new government in 2014. (The writer is a former Cabinet Minister of Commerce) An economic agenda for India 2020 Subramanian Swamy The Indian financial system suffers from a hangover of cronyism and corruption that have brought the government budgets on the verge of bankruptcy Tejpal’s arrest Tehelka editor-in-chief Tarun Tejpal’s self-protecting and contradictory statements, and the acts of his legal team represent the desperate actions of a man whose face has been unmasked (Dec. 1). If he thought that he could silence his young colleague and dodge the law too, he is mistaken. He does not seem to have learnt that none is above the law and none can “sting” the law. C.V. Sukumaran, Palakkad When the provisions of the law are crystal-clear on cases involving sexual harassment, Mr. Tejpal ought to have been arrested right away to send out a clear message that no one can escape the law. Ettirankandath Krishnadas, Palakkad How can Mr. Tejpal’s lawyer, Geetha Luthra, argue that “the victimbehaved normally after [the] alleged incident and did not look disturbed”? (Nov. 30). Does she expect a woman professional assigned with a responsibility during an event of importance, to behave like a drama queen and have a dishevelled appearance to attract everyone’s attention after undergoing a traumatic experience? Women today are beyond this type of behaviour. They know how to handle personal crises, be a picture of dignity in spite of inner turmoil, and yet do the needful when it comes to demanding justice after consulting trusted friends, family members and support groups. If a woman lawyer has this type of mindset, how can we blame others then for expressing regressive ideas? Rameeza A. Rasheed, Chennai No doubt the case is important, but the media seem to be going overboard with the wall-to-wall coverage of the events. Is there nothing more important in this country than what happens to Mr. Tejpal? The media are expected to inform, entertain and educate in a balanced way, and not sensationalise and divert attention fromvital issues. A.G. Rajmohan, Anantapur Admissible evidence In his neatly analysed write-up, Mr. R.K. Raghavan (Nov. 30) has summed up the circumstances leading to the conviction of the Talwars. The case shows that it is time self-imposed regulations are put in place to ensure responsible media reporting; any insinuating report should be dealt with in all seriousness. There should be a Lakshman Rekha that must be honoured by the media. G. Ramachandran, Thiruvananthapuram In criminal law, while convicting an accused on the basis of circumstantial evidence, the main aspect that has to be taken care of is to ensure that the entire chain of events are complete and form a cycle. In this case, it was. That said, the investigative agencies should accept their share of blame. The constant flip-flops during the course of the investigation, and even the way the closure report was handled, are a blot on them. Being a top investigative agency, the CBI should upgrade the ways it handles forensic evidence and ensure that it is on a par with agencies such as Scotland Yard and the FBI. T. Anand Raj, Chennai The verdict delivered inthe Aarushi Talwar murder case is a clear message to criminals who assume that they canget away by destroying evidence at the scene of crime. As the circumstances suggested the involvement of the doctor couple in the double murder, the CBI’s investigation also relied on this. Those who claimthat the judgment amounts to a miscarriage of justice as there is no direct evidence, and that it was delivered on the basis of circumstantial evidence, must do well to remember that circumstances cannot lie. K. Mahabub Ali, New Delhi Ties with Japan The visit of Japan’s Emperor Akihito and Empress Michiko to India is important (Dec. 1). Strained relations between India and China, and recent tensions between Tokyo and Beijing have vast implications for this part of the world. India should look to strengthening the comprehensive agreement it signed with Japan a couple of years ago. Economically and industrially, the way India and Japan complement each other should give a fillip to the visit. Ganapathi Bhat, Akola Japan is India’s natural ally, and a strong economic and strategic relationship with Japan will be in India’s interests. India can aim to play a strategic role in the Asia- Pacific region and develop its technological and defence requirements with Japanese help. Divya Kilaparti, Vizianagaram Live-in relationships There is no doubt that women in live-in relationships and children born out of such liaisons are vulnerable to exploitation and therefore need the protection of the law (Nov. 29). At the same time, any social practice, once buffeted with a legal scaffolding, gains legitimacy over a period of time. When the legal line between marriage and cohabitation gets blurred, only the fear of social stigma can restrain people from opting for live-in relationships. Society needs to bolster the institution of marriage which is a bulwark against disorder and anarchy. V.N. Mukundarajan, Thiruvananthapuram Live-in relationships promote a lack of discipline and commitment, and tend to dilute the family-based systemthat safeguards the interests of the wife and children. Comprehensive peace in society is unimaginable without a strong and peaceful family system. Geethu Issac, Thiruvananthapuram The Supreme Court has ruled that a live-in relationship is not a crime or sin. But can it be a substitute for marriage? I amnot a moralist, but in this age of violence and discrimination against women, encouraging the live-in culture is ultimately abusive to women. Marriage, despite its ups and downs, provides sanctity to a relationship and a modicum of purpose in life. On the other hand, a live-in relationship is one with no strings attached. I dare say this, but Bohemianism is seldom a woman’s cup of tea. Let’s not end up in a situation where women get the short-shrift. Sumit Paul, Pune The Spice Route This refers to the report, “Reviving an ancient trade route” (Nov. 23), where UNESCO has asked Kerala Tourism to get an inscription done by a team of experts to elicit the cooperation of the 31 countries involved to bring the ancient Spice Route back to life. The initiative is somewhat misplaced. First, Kerala was not the only State that was engaged in the spice trade. Tamil Nadu and Gujarat were very much in the picture, with the latter accounting for trade with West Asia through the Gulf. The important spice-producing and trading countries were Ceylon and Indonesia, with trading done by the Greeks, Arabs, Chinese, Malays, Persians and Africans. This underwent a sea change with the arrival of Vasco da Gama. As the objective was togainmonopoly over the spice trade, it was an era that saw the aggressive pursuit of self- interest, proselytisation and barbaric behaviour towards the vanquished. Like all forms of colonial exploitation, the producer got a pittance while the overseas trader made a killing. This is one shameful aspect of our history that deals with exploitation and subjugation. Perhaps, officials in Kerala and UNESCO should read John Keay’s book, The Spice Route: A History, published by John Murray, London. R. Nagarajan, Coimbatore On the flame lily It was a surprise to read the report “State goes all out to promote flame lily” (Some Tamil Nadu editions, Nov. 23). There have been a numerous instances of renal failure in children and shepherds in villages in and around Ariyalur, Tamil Nadu after consuming this toxic plant (Gloriosa superba). As the root is large and attractive, it is often boiled on the mistaken assumption of it being an edible root like sweet potato or Tapioca despite it being bitter. Eating the root causes diarrhoea, eventually leading to renal failure. Local doctors are oftenunable todiagnose this. It is the duty of the media to highlight the dangerous effects of such toxic plants. Dr. N. Mohandas, Thanjavur LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T he November 24 deal reached in Geneva by Iran and what has come to be called the G6 may have settled one question over Iran’s temporary curb on part of its nuclear programme in return for a partial removal of Western sanctions, but it has opened up several issues of the greatest significance to West Asia. For example, Iran is now a potentially valuable partner for the United States as Washington prepares to withdraw most of its troops from Afghanistan in 2014. Tehran can help stabilise the country and deter the Taliban; in fact, Iranian troops briefly assisted the U.S. there in 2001. Secondly, Iran’s President Hassan Rouhani could help effect a settlement in Syria, where the Shia President, Bashar al Assad’s bitter obduracy has prevented a settlement and caused over 100,000 deaths in a terrible civil war, over which Western public opinion is strongly opposed to military intervention. Thirdly, Tehran already has considerable influence over Prime Minister Nouri al Maliki in Iraq, where the illegal 2003 U.S-led invasion provided space for revived Sunni-Shia tensions which still cause thousands of deaths every year. Furthermore, Kurdish and even Sunni political groups have for some time now drawn on Iranian advice in forming Iraqi provincial coalition governments and resolving disputes. Needless to say, the Geneva deal has shocked most West Asian leaders. Saudi Arabia, which sees Iran as its greatest theological rival, has openly expressed its disquiet, but West Asian Arab countries made no attempt to participate at Geneva; indeed since 2008, proposals by Bahrain, by Iran itself, and by the former Arab League head Amr Moussa for regional security talks have come to nothing. In addition, Riyadh’s attempts to undermine Mr. Assad in Damascus and Mr. al Maliki in Baghdad have both failed. The standard responses to perceived security threats, such as using oil wealth to buy more weapons, even possibly including a nuclear umbrella, will not help the Arab leaders, because Iran is already cooperating with the G6, and increased weapons purchases would worsen a destabilising arms race. As for Israel, which shares many of the Arab countries’ interests, Prime Minister Benjamin Netanyahu says he is prepared to do ‘anything necessary’ to defend his country, and continues to approve settlements in the occupied territories. But the Arab leaders and Israel now face a radically altered political grammar, which they are struggling to understand. Above all, Mr. Rou- hani has unquestionable democratic legitimacy, and even if justice for the Palestinians and democratic reforms in West Asia seem remote at present, it may not be long before those two issues are rightly at the top of the agenda again. Iran and West Asian tensions CARTOONSCAPE http://jobsalerts.in CM YK BG-BG TUESDAY, DECEMBER 3, 2013 12 THE HINDU TUESDAY, DECEMBER 3, 2013 BANGALORE EDITORIAL A s the national capital, Delhi has always at- tracted interest disproportionate to its size. Even so, there is more than the usual excite- ment around the Assembly elections this time, because of the entry of a feisty newcomer, the Aam Aadmi Party (AAP) led by Arvind Kejriwal. The new party’s chutzpah and daring are evident enough. Indeed, Mr. Kejriwal has already announced that he will be forming the next government, much to the annoyance of the Congress and the Bharatiya Janata Party, which find themselves suddenly having to deal with an unforeseen rival. Delhi had its first full-fledged Assembly election as recently as 1993, following the upgradation of its territorial status, with its own Legis- lative Assembly and Council of Ministers. Though the BJP pulled off a sensational first victory in 1993, it has since been in the wilderness, having lost to the Con- gress three consecutive elections. The BJP’s failure was at least in part due to its inability to produce a leader capable of taking on the redoubtable Sheila Dikshit. Under Chief Minister Dikshit, Delhi has been trans- formed from an urban village to a sprawling, glitzy metropolis boasting a fine network of roads and flyov- ers, not to mention a metro rail service that has become the lifeline of the city. In the last 15 years, an entire generation has grown up that has no personal knowledge of the power out- ages and traffic congestion that once defined Delhi. Yet it is entirely the fault of the Congress that today there are few takers for Delhi’s fantastic growth story. In- stead, the most compelling election issues are corruption and inflation, which are seen as the primary legacy of a government increasingly viewed as self-serving and arrogant, with little interest in the welfare of the people. In 1998, the BJP lost to the Congress because of runaway onion prices. In 2013, it is the Congress’s turn to feel the heat on high food inflation. But just when it seemed that the BJP will finally have its revenge on the Congress, entered the untested AAP with its claim to root out money power and deliver clean and efficient governance. Sceptics have naturally questioned the AAP’s bagful of promises which include 700 litres of free water for every household, reduction of power tariffs by half, and decentralisation by devolving power to mohalla sabhas or local neighbourhoods. But more than all this, what explains the visible voter interest in the AAP is its idealism, which is in fact its USP. Whatev- er the ultimate fate of the new entity, it has undoubtedly livened up the election run-up — and queered the pitch for the Congress and the BJP. Traditional rivals discomfited D elivery of legal services to the rich and the corporate class is organised not through individual lawyers but through a series of networked law firms. These firms employ hundreds of lawyers and domain experts all over the country to provide highly special- ised single-window services to their clients, of course at prices determined by the market. The middle class, which cannot afford their services, go to individual lawyers or publicly-funded legal aid services organised under the Legal Services Authorities Act. In this scheme of things, it is the poor and marginalised rural and tribal communities who are left out. They suffer injustice or seek justice through informal systems, including the so-called “khap panchayats.” It is this sort of situation prevailing in the country- side that provides a fertile ground for the exploitationof the poor and for the growthof extremist forces, undermining the rule of law and constitutional governance. Myth of legal aid The 1973 Expert Committee on Legal Aid, titled “Processual Justice to the People,” which eventually led to the enactment of the Legal Services Authorities Act, discussed the futility of the court-centric litigative aid to the poor and marginalised sections, and recommended a series of alternative strategies. Obviously, the emphasis was on legal empowerment and mobilisation, preventive and strategic legal services intended to avoid victimisation, and the development of a public sector in the legal profession capable of responding to the problems of the rural and tribal communities. Unfortunately, when the legal aid law was enacted, the focus again was on assigning a lawyer to the needy client who took the task in a traditional style of protracted litigationwithits attendant costs, uncertainty and delay — much to the dismay of the poor. Moreover, the systemwas prem- ised on three assumptions which were contrary to ground realities — that the victim was aware of her rights and knew how to approach courts; that legal aid offices were available in far-flung villages and tribal settlements; and that the lawyer assigned had the right values, attitudes and competence to do a professional job appropriate to the justice needs of the rural/tribal population. These assumptions did not hold good in a majority of villages and, as such, conventional legal aid became irrelevant to the rural population. Language and communication compounded the situation, alienating the marginalised from a court-centric justice system. One alternative the Legal Services Authorities Act provided was the “Lok Ada- lat”, which lawyers disliked. The judges, honourable exceptions apart, turned it into an exercise to reduce arrears in courts through what some people call “forced settlements or hurried justice.” Nonetheless, the Lok Adalat did serve the cause of justice for those whocould reachthe court despite all the odds. For others, legal aid had very little to offer. The Supreme Court did help themin a big way in the 1980s and the 1990s through the instrument of public interest litigation (PIL), which later lost its importance because of wide abuse by the urban elite and vested interests. Al- though it is difficult to generalise the legal needs of the rural poor because of the diversity of population, the need for food, shel- ter, education, health and work are admittedly the priority. The Constitution has left it to the legislature and the executive to progressively realise these needs through laws, schemes and special measures. At the same time, the Constitution promises to all its citizens equality of status and opportunity, as well as equal protection of the law. Finding that large sections of the poor are unable to fulfil their basic needs even after decades of democratic governance, the Supreme Court sought to interpret socio-economic rights (Directive Principles) as civil and political rights (Fundamental Rights), compelling the state to come forward with laws empowering the poor with rights enforceable under the law. The Right to Education Act, the Food Security Act, and the Employment Guarantee Act were promising initiatives in this direction. However, the poor continue to be at the receiving end of an indifferent administration because of the difficulties in accessing justice through conventional legal aid. We, therefore, need an alternative delivery system with a different model of legal service providers in rural and tribal areas. How can one fix the land rights of the poor when they have neither ‘pattas’ nor other valid documents? How do water rights and forest rights get protected from exploitation? What happens to government-sponsored schemes for food, sanitation, health and employment, aimed at alleviating the misery of the poorest of the poor? How to ensure that children are in school and are not abused and exploited? What can be done to prevent atrocities against the Scheduled Castes and the Scheduled Tribes in villages, and their forcible displacement? Where do they get credit for their livelihood activities and how are we to prevent victimisation in the process? Do they have fair market access for their produce? What happens to the biodiversity of rural and tribal areas? How best to preserve and protect traditional knowledge and other intellectual property rights of the rural poor? What about the labour rights of the unorganised rural poor? How are the rights of farmers to be protected against profit-hungry multinationals’ monopoly onseed, fertil- izer and pesticide business? Are the villagers being exploited by state agencies like police, forest officials, banks, revenue officials and mining lobbies with impunity because of the inaccessibility of the justice system? Why is it that the GramNyayalaya Act, supposed to extend quick and cheap justice to the rural poor, is neglected by lawyers and judges? Need for an alternative When these questions were raised in a professional development workshop recently at Bilaspur in Chhattisgarh, the consensus was that we need an alternative model of legal service delivery to rural and tribal communities, for which a new pattern of legal education needs to be developed. The mainstream law schools are not clear in their mission. Legal educators blindly follow the Bar Council-prescribed court-centric curriculum, producing law graduates unfit to serve the justice needs of the tribal and rural communities. With such advocates, even a well-intentioned legal aid scheme cannot deliver justice to the marginalised sections. The Bilaspur Workshop evolved a framework of an alternative LLB curriculum for the education and training of legal service providers, appropriate to rural and tribal needs. While the mandatory part of the BCI curriculum is accommodated, the alternative model identified over 40 subjects relevant to rural needs to be included in the optional component of the curriculum. However, the workshop felt that the new type of legal service providers proposed under the alternative model is not distinguished on the basis of knowledge of law only, but in terms of a different set of skills, attitudes and values relevant to the rural/ tribal communities. It was proposed that the final year of the five-year LLBprogramme be devoted to experiential learning through social justice and legal aid activities in rural areas under the supervision of NGOs, self- government authorities, collectorates, and legal aid committees besides law school pro- fessors. The experiential learning is through clinical courses developed by law schools for appropriate credits. Lawyers’ cooperatives Students seeking toset uppractice inrural areas will formthemselves into what may be called lawyers’ cooperatives or rural law firms, and train in advocacy before public bodies, administrative authorities, Gram Nyayalayas and regulatory agencies, besides courts and tribunals. They will be assisted by trained para-legals fromamong school drop- outs and social activists of the area. The fee for each legal service will be fixed and notified by firms and they will be affordable. These rural law firms will be organised pro- fessionally on the lines of urban law firms in terms of technology and quality of services. Cheap, prompt and reliable services will be the hallmark of rural law firms. The law school will give the successful candidates not only an LLB degree but also a diploma in rural legal practice, which will distinguish themfromthe rest. It will be the endeavour of law schools adopting this curriculumto assist the graduates toset uptheir practice inrural and tribal areas, organisationally and financially. To- wards this end, the law school will approach the large urbanlaw firms toextend their help as part of their corporate social responsibility. Besides, State governments and the Na- tional Legal Services Authority will be asked to give themsubsidy in locating their offices in villages and recognising them as public defenders for identified services. Some law schools in Chhattisgarh, Jharkhand, Orissa, Madhya Pradesh and northeastern India have shown interest in adopting this model of legal education. The immediate problem, of course, is to find the right kind of teachers who can deliver under this alternative curriculum. To meet this challenge, there is a proposal to offer a one-year diploma in Law Teaching and Research to teachers of law schools in these States, with a view to aug- menting the available resources. To conclude, the Bilaspur Declaration offers the hope that Indian legal education will turn round and look at the constitutional mandate on responding to the unmet justice needs of the large body of rural and tribal communities in the near future. Professions are, after all, for the people and no profession can survive without their trust and support. The earlier this is recognised by the organised Bar and the government, the better it will be for the country and the professions themselves. (Professor Madhava Menon is IBA Chair on Continuing Legal Education at National Law School of India, and a Member of the Advisory Council to the National Mission on Justice Delivery and Legal Reform, Govern- ment of India.) Serving the justice needs of the poor N.R. Madhava Menon To be able to deliver appropriate legal services to the rural and tribal communities, we need an alternative delivery system with a different model of legal service providers On course to Mars India can certainly rejoice at the progress of the Mars Orbiter spacecraft (Dec. 2), now slung out of its earth-bound orbit towards a sun-centric orbit. What is laudable is that ISRO’s scientists were undeterred by a minor setback earlier in the mission and have now managed to steer the craft out of trouble. As India’s first interplanetary mission is on track, we are optimistic that ISROcan accomplish its mission of putting the spacecraft into the Martian orbit next September. Nalini Vijayaraghavan, Thiruvananthapuram Hearty congratulations to ISROon yet another very major accomplishment. It is no doubt one of the most complex and crucially important steps. One hopes that by next year, ISROcan truly claimthe title of an astounding first attempt. Shahabuddin Nadeem, Bangalore The news of the spacecraft being on course is another feather in ISRO’s cap. The fact that the Mars Orbiter has already sent pictures of the earth is another achievement, and the ideal tribute to Vikram Sarabhai. The country is proud of the ISROscientist community. The report, “Orbiter oncourse to Mars” was interesting. Alphonse William, Thiruvananthapuram This is the right answer to sceptics who, over the years, have attempted to run down the space programme by bringing up other issues. If a nationis to progress, it has to pay attention to the advancement of science and technology. Pooja Mishra Guwahati Article 370 Gujarat Chief Minister Narendra Modi’s comments on Article 370 may be political (Dec.2), but they highlight the need to review all Articles related to the States’ formation, bifurcation and change of boundaries. Political parties have beenreaping political benefits by exploiting these Acts. It is not only Jammu and Kashmir, but Andhra Pradesh, West Bengal and Uttar Pradesh, which have been subject to political disturbance in the name of wanting the “best.” The major political parties and their allies need to think about this seriously, keeping the national interest in mind. Sudhakar Reddy Kalathuru, Tirupati Mr. Modi’s remarks on Article 370 may have created ripples, but Constituent Assembly debates do reveal that Jawaharlal Nehru did affirm that this special provision was intended as a temporary measure. It is also a fact that Sardar Patel felt strongly about this but had to give in. While much has been talked about on the sacredness of this Article, there is a need to re- examine it. Critics should also remember that no less sacred was the Privy Purses provision to the princely states, agreed uponduring the integration of the Indian Union. But it was done away with on the grounds of its being outdated in the changed situation. V.N. Ramachandran, Vadodara Article 370 has been a hot potato since its inception. None of the major national parties ever used Article 370 as a tool to improve the social and economic fortunes of the people of Jammu and Kashmir. The biggest threat to the State lies across the border and the forces there that are able to exploit the plight of people to foment trouble. Avadhoot G. Shinde, New Delhi An economic agenda Dr. Subramanian Swamy’s article (Dec. 2) enunciates a course of economic development for the new government in 2014. He is right in making a case for our backward agricultural sector which demands urgent attention and action. It is commendable how he has dispelled the impression that India’s demography is a liability. The final part offers an idealistic discourse on shaping our vast and young population, laying stress on specific kinds of “intelligence” to create a “superior species of human being.” But India needs to have good infrastructure and more investment in its education system to turn its young population into a valuable resource. Salini Johnson, New Delhi India’s demographic dividend is a natural resource available in abundance. The need is to tap it properly. The growth targets he has projected by achieving an investment rate of 36 per cent of GDP and a lower capital output ratio cansurely make India jointhe ranks of double-digit growth rate countries. Along with it, greater emphasis is required in the field of human capital. Anmol Waraich, New Delhi To my mind, the success of Europe, the U.S., Canada, Australia, South Korea and Japan can be attributed to the superior cognitive, moral, social and emotional intelligence of their people. Dr. Swamy has therefore come to the obvious and correct conclusion that the vast number of young Indians, who are a unique asset to India, should be educated to develop these characteristics. However, I doubt whether it is possible at all to develop the moral, social and emotional intelligence of a vast number of people under the present Indian environment. Our experience of a democratic system with a liberalised market economy in the past 20 years — with deepening corruption, crony capitalism, criminalised and unethical politics and divisive social conflicts — can perhaps lead us to this conclusion ... that with the level of moral, social and emotional intelligence of our people, we may be better governed by a dictatorship without any religious, linguistic and social bias, at least for 10 years. J.F. Dawson, Chennai Sexual harassment The Tarun Tejpal episode is being carried to unreasonable lengths. Does a case of sexual assault involving a high-profile media person warrant the sort of hype that is being built up? It is indeed ironic that a man who headed a publication that conducted a series of sting operations, tearing the veneer of respectability from the faces of quite a few politicians and others in high places, is today the victim of accusations that expose his double standards. One incident has cost Mr. Tejpal his aura of righteousness, a mask he so comfortably wore. Worst still was the speculation by some ‘hyperactive’ sections of the media that this was a case of the BJP claiming its pound of flesh for the embarrassment the magazine caused the party in2001. It appears to be a ridiculous contention that every crime in India has a political genesis, with the Congress and the BJP taking a major share of it. Pachu Menon, Margao The law is meant to protect only women. Whether or not gestures or words are harmless is left to the judgment and sensitivity of the person at whom they are directed. Even harmless gestures can be twisted at times. The fallout of the present law could be many small employers restricting job offers to men or women only to avoid disputes in workplace. James Knight, a dentist, dismissed his assistant Melissa Nelson in Iowa because he found her “irresistible,” threatening his marriage. The woman lost her legal battle for reinstatement in the Supreme Court, which held that the firing was unfair but legal. V. Gopal, Chennai LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. I t came a little late, but New Delhi’s realisation that its long neglect of the northeastern States had proved costly both for nation-building and India’s strategic interests has led to a more proactive approach to the region in the last decade. These efforts, though, are still nowhere near what they should be. During his three-day tour of Arunachal Pradesh and Nagaland, President Pranab Mukherjee rightly underlined the shortcomings, urging political leaders, policymakers and administrators to give “the utmost importance and attention” to the region. Con- nected to India only by a narrow corridor, and sharing borders with five of India’s neighbours — Bangladesh, Bhutan, China, Myanmar and Nepal — the Northeast has potential that is far from being realised. Though it has been repeatedly held up as the gateway for India’s Look East policy, the country’s growth story has left the region behind. While the Northeast itself aspires to take advantage of India’s increasing ties with East Asia, it is hardly in a position to do so. While some social indicators for the northeastern States, such as health and literacy, are far better than in other Indian States, they lag behind in many others. Infrastructure development — roads, railway lines and air links, and power generation — is woefully inadequate. A study published earlier this year by the Indian Chamber of Commerce estimated that between 2011 and 2021 the region would create a mere 2.6 million jobs, while the number of job-seekers is likely to be eight times that number. In his address to mark the 50th anniversary of the creation of Nagaland, President Mukherjee spoke about the role of the people of the State in “establishing and maintaining a peaceful environment” so that it could prosper — an allusion to the Naga separatist insurgency, which has given way to a ceasefire and peace talks but no settlement yet. It is significant that the President appealed to both the Centre and State governments in the region to ensure that the people of the Northeast can take their due place in India. In Arunachal Pradesh, his reiteration of the State as an “integral and important part of the North East region”, in an address to the Legislative Assembly, was predict- ably followed by a statement by China that its position on the “disputed area ... is consistent and clear-cut.” Reflecting the recent improvement in ties, the reaction was not as sharp as in 2009, when Beijing said it was “deeply upset” by Prime Minister Manmohan Singh’s visit to the State. The problem will not go away soon. The challenge for New Delhi is to shore up its territorial claims with speedy efforts to ensure that the State is developed, and better integrated, and connected, with the rest of the region and the country. Look Northeast CARTOONSCAPE http://jobsalerts.in CM YK BG-BG WEDNESDAY, DECEMBER 4, 2013 10 THE HINDU WEDNESDAY, DECEMBER 4, 2013 BANGALORE EDITORIAL T elangana is now close to statehood on the strength of an untiring, intense mass struggle that had its basis in the assertion of historical political identities. To allow electoral calculations to decide the contours of the new state is to undermine the legitimacy of the aspirations that fuelled the original demand for statehood. Nothing but sheer political opportunism explains the new proposal to enlarge the proposed state by adding two districts of the Rayalaseema region, Kurnool and Anantapur, to create what in popular parlance has come to be known as Rayala-Telangana. This idea that has sprung out of cynical political calculations is ill-conceived, militating as it does against considered rationale for state formation. The proposal for Telangana in its original form includes only ten districts of Andhra Pradesh. That there is no popular underpinning for this concept either from the Telangana movement or the two districts shows that it is a politically-driven calculation. To think such a forced political union could solve some of the difficulties in sharing water resources post-bifurcation is naïve. If anything, the merger would add to the existing difficulties arising out of the bifurcation. Although the backwardness of the Telangana region and the perceived political neglect were among the reasons that sustained the statehood demand, the redress sought by the Telangana movement was political, and not economic. Both Kurnool and Anantapur are backward like most of Telangana, but this is no reason for the people of the two districts to share any regional affinity with those in the proposed state. The people of Telangana insist on the implementation of the Mulki rules that specify domicile conditions for recruitment in government services. The differentiation between Mulkis (locals) and non-Mulkis is deep-rooted in Te- langana. Thus, the forced union of the two districts with the new state of Telangana can only leave the peoples of both regions unhappy. While fast-tracking the creation of Telangana, the Central government seems to have placed a heavy emphasis on the interests of the Congress as a party. The proposal for Rayala- Telangana is evidently meant to help the Congress make gains in the next election by undercutting the popular support of its main rivals, the Telangana Rash- tra Samithi and the YSR Congress. Indeed, the Cabinet cleared the statehood demand only after the Congress Working Committee passed a resolution favouring Te- langana. The government is tailing the party. Rank political opportunism and sordid electoral calculations must not be allowed to undermine the serious institutional process of state formation, and put in jeopardy the lives and security of the people. Dangerous opportunism J .C. Kumarappa, the Gandhian econo- mist who worked with the Planning Commission in the early years of In- dian Independence, favoured indus- trialisation but insisted that its pursuit should not lead to the creation of an economy of violence. Recent disturbances linked to control over, and fate of, the rich water, mineral, forest and biodiversity resources of the Western Ghats of Kerala suggest that Kumarappa’s worst fears of a lopsided development have come true. As Nobel Laureate Joseph Stiglitz emphasises in his recent book, The Price of Inequality, any nation must aim at a harmonious development of its four capital stocks: not just man-made capital that GDP highlights, but natural capital, human capital and social capital as well. A GDP-centric viewpoint focusses exclusively on economic activity in the organised industries-services sector. Chembanmudy quarries Thus, in the case of the controversial Chembanmudy hill stone quarries of Patha- namthitta district in Kerala, what will count as positive development gains are not only quarrying, crushing and truck transport, but also the boosting of sales of anti-cancer and anti-asthmatic drugs as a result of the ill- health caused by quarrying activities. In the absence of proper records, other relevant elements of economic activities such as the decline in agricultural productivity and loss of employment for agricultural labour that ought to be counted on the debit side will be overlooked. In addition, the GDP-centric view totally ignores the ongoing grave deple- tion of natural capital, human capital and social capital. Thus, in the case of Chem- banmudy, landslips and blockage of streams are adversely impacting land, water, forest and biodiversity resources. Health, education and employment are three important components of human capital. In the Chem- banmudy case, health has suffered, with even young children developing lung cancer. Mothers have petitioned that the unceasing truck traffic does not permit their children to focus on studies. As for employment, there is little for local community members. Most of the small number of labour employed is from tribal tracts of Orissa or Jharkhand, people whose livelihood has been destroyed by rampant mining in their own native districts. There are horror stories making rounds of how this disorganised labour force is ill-treated, with no compensation for accidental injuries or even death. Indeed, the claim that India’s rapid economic growth is helping create much-needed employment is dubious; the annual rate of growth in employment in the organised sector that was 2 per cent when the GDP was growing at 3 per cent, actually declined to one per cent as the GDP growth rate soared to 7 per cent. So what we are witnessing is jobless growth, with accompa- nying erosion of human and social capital. Social capital resides in social harmony, cooperation and trust. These too are suffering under the prevalent economy of violence. This economy is promoting grabbing and spoiling of land, water, mineral and forest resources to benefit a few, at the cost of the larger society. This is being facilitated by lawlessness and social injustice: witness the very large number of illegal quarries currently operational in Kerala, estimated at 1,700out of a total 2,700functional quarries. The disinformation campaign focussing first on our Western Ghats Ecology Expert Panel (WGEEP) report, and now on the Kasturi- rangan report, and the violence that has been triggered suggest that social disharmo- ny has become the order of the day. WGEEP points out that we are currently practising “Development by Exclusion, accompanied by Conservation by Exclusion.” This is because the many powerful interests that control decision-making today are not motivated to pursue development that would create mutually beneficial relationships among the beneficiaries of the organised industries-services sector and the bulk of our people dependent for their livelihoods and well-being on a healthy base of the natural resources. Nor are the powers-that-be properly informed of the realities at the ground level. This prevails all over the country, despite our well-entrenched democracy and the many constitutional and legal provisions to protect the environment and engage people in decision-making processes that are a result of a sensitivity towards what the people want. Of all the States, it is Kerala that has led the country in democratic devolution and has made considerable progress in ensuring that people can influence the course of development and protect their environment and livelihoods. A notable example of this is the Plachimada panchayat in Palakkad district, where a Coca Cola plant had polluted as well as depleted groundwater, with consequent drying up of wells, loss of agricultural productivity and concomitant negative im- pacts on livelihoods. The people of Plachi- mada ensured that there was a proper scientific inquiry into the losses suffered by them. This provided sound scientific evidence that these losses amount to a whop- ping Rs. 260 crore. On the basis of this evidence, the panchayat rescinded the company’s licence. Notably enough, initially none of the political parties backed the people’s demands, but came round when confronted with a groundswell of sentiment. While cancelling the licence, the panchayat evoked its constitutional rights, arguing that as a local elected government it had the duty to protect the well-being of its subjects. So it had the right to cancel — or refuse permission to — anything that affected its subjects adversely. The company’s counter-argument was that the panchayat was a subordinate of the State government and thus could not operate out of its domain, since the State government had granted the licence for Coca Cola to operate. The High Court rejected this argument, affirming that people at the grassroots indeed have the authority to decide onthe course of development in their localities. The powers-that-be today would like to set aside these significant constitutional provisions empowering the people and helping them protect their environment. In- stead, they are promoting a GDP-centric approach with little concern for natural, human, social capital. This is reflected in the rhetorical — and unconstitutional — question posed by the Kasturirangan panel: “How canlocal communities have any role in economic decision-making?” Evidently, the Kasturirangan panel wishes to facilitate the continuance of the present systemof a predatory economy, but was obliged to prescribe some minimal level of protection for natural resources. Quite typically, this protection is proposed to be imposed from above and is not decided upon through a democratic process. But even this minimal protection is unacceptable to the beneficiaries of the current system who triggered the recent violence. Duty to inform Such lopsided development is clearly against broader national interests and since it is people at the grassroots that are best aware of what is happening to the natural, human and social capital, their inputs are critical to arriving at a development strategy that will promote a harmonious, balanced development. The sole duty of those wielding power should, therefore, be to informthe populace of all relevant facts and of the various development-conservation alternatives. Hence, WGEEP has explicitly stated that “we should attempt to develop a model of conservation and development compatible with each other … to replace the prevailing ‘Develop recklessly – conserve thoughtless- ly’ patternwithone of ‘Developsustainably – conserve thoughtfully’. The fine-tuning of development-conservationpractices to[the] local context that this calls for would require the full involvement of local communities. It is therefore quite inappropriate to depend exclusively on government agencies for the constitution and management of Ecological- ly Sensitive Zones. Instead the final demar- cation of the Zones and fine tuning of the regulatory as well as promotional regimes must be based onextensive inputs fromlocal communities and local bodies.” An important focus of the development of the Western Ghats tracts of Kerala should therefore be on properly informing and or- ganising people down to the grassroots level to exercise their democratic rights. A well- informed and empowered citizenry will ensure that the environment is properly cared for even as we continue to industrialise, as has happened inGermany and the Scandina- vian countries. What we need to concentrate on is implementing that which by all rights must be implemented, namely, the constitutional provisions for protecting the environment and empowering the people. Of course, India must continue to develop a vibrant technology-based economy as well. Inevitably, this will end up employing only a small proportion of our people. But this modern economy must come to assume a mutualistic, and not predatory, role towards the natural resource-based, labour intensive sector of the economy. That is the only route to balanced and harmonious economic and social development. (Madhav Gadgil is Chairman of the West- ern Ghats Ecology Expert Panel. [email protected]) Towards an economy of mutualism Madhav Gadgil Modern economy must come to assume a mutualistic, and not a predatory, role toward the natural resource-based, labour-intensive sector of the economy AAP’s arrival The arrival of the AamAadmi Party on the political scene of Delhi has provided a much-needed boost for active citizen participation in the day-to-day functioning of the country (editorial: “Traditional rivals discomfited,” Dec. 3.) The Arvind Kejriwal-led party has indeed infused enthusiasm in the minds of voters, not just in Delhi but across the nation. Though the Anna Hazare-Kejriwal team cracked under pressure, the AAP has shown that change is indeed possible if one is dedicated and committed to the cause. Isha Shah, New Delhi It would be interesting to see how the Delhi electorate responds tothe Aam Aadmi Party. The whole nation is watching the elections in the national capital as never before. Will Delhi set a precedent for change, or choose between the conventional rivals? We will know soon. Rajasekhar Reddy, New Delhi Debating Article 370 Gujarat Chief Minister Narendra Modi’s call for a debate on Article 370 of the Constitution (Dec. 3) has unveiled the mask over his face. He appears intent on being in the eye of a political storm by making statements on sensitive issues. One would have thought that the BJP would approach 2014 with a broad perspective on national issues. However, the party seems to be held hostage by Mr. Modi and his calculated campaign. This is not the time to initiate such a debate. Anyway, the process to abrogate Article 370 will be no easy task for the BJP, even if it comes to power. M. Xavier, Vallioor Can anyone argue that the reasons which called for a special status for Jammu and Kashmir do not exist today? Have successive governments done all that is possible to dispel the notion of alienation among the people of the State? Has Indian democracy and federal governance given all that it could to quell the feeling of neglect among Kashmiris? The answer is “no.” Successive State governments have done nothing either. This being the case, the call for a debate on Article 370 will remain a political statement that does nothing for the social, political, and economic circumstances obtaining in the State. N. Sekar, Salem The genesis of Article 370 merits recall when debating its continuation. The Instrument of Accession deposited by the Princely States with the state's ministry in1947 only transferred to the Indian Union the rights exercised over themby the Viceroy. Maharaja Hari Singh also did so, and Article 370, only applicable to J&K, was the result. Thereafter, following full integration with the Indian Union, the Princes lost their rights but gained Privy Purses as compensation. However, Article 370 remains, though the Maharaja of Jammu and Kashmir received a Privy Purse like others. Interestingly, J&K was the only State left untouched when linguistic States were established. Mohan Raman, Chennai Leaving all political or communal views aside, we have to look at the background to the inclusion of Article 370 in the Constitution and its impact over the decades. For this, one needs to look at the attack on Kashmir by tribals and irregulars from Pakistan and the struggle thereafter. Kashmiri leaders have benefited immensely from the special status. Some have mentioned that similar provisions exist in other States and regions, but they must remember that none has been given a separate Constitution. Navjeevan Khosla, Panchkula Justice for the poor The suggestions made by N.R. Madhava Menon (“Serving the justice needs of the poor,” Dec. 3) are laudable. The poor in India are often denied timely justice and are woefully unaware of their rights, lack of education being the prime cause. The need of the hour is to introduce an effective mechanism to redress their grievances. A special judicial cadre on the lines of rural health workers/doctors can be created by the Law Ministry or the Supreme Court and posted at block level across the country. The posting of government legal aid officers in rural areas will also free the poor from the clutches of khap panchayats. These legal aid officers must be well trained in the customs, culture and languages of those they are to serve. Of course there will be challenges, but once a systemis put in place it will work. Col. Ranbir Singh Jakher (retd.), Gurgaon It is worth recollecting what eminent jurist V.R. Krishna Iyer said in his article in The Hindu, “Some inconvenient truths,” (Dec.14, 2007): “After 60 years of Independence, the Indian justice system still remains ‘untouchable’ and ‘non-approachable’ to the vast have-not humanity of the country.” The establishment of analternative model of legal service delivery to rural and tribal communities has become imperative. The existing judicial system uses language that even a literate person cannot understand. One can only imagine the plight of the poor. Our law schools need to evolve a shortened law course to deal with the simple and ordinary cases of rural and tribal communities. S. Nallasivan, Tirunelveli Economic agenda Transparency, accountability and efficient resources sound good to hear, but unless these measures are implemented and the results proven, they are of no use (“An economic agenda for India 2020,” Dec. 2). The world has seen numerous examples of the failure of capitalism. It is, therefore, important to ensure that there is some kind of state intervention so that the rich do not become richer and the poor, poorer. The success stories of other countries need tobe implemented keeping in mind the Indian environment. Dr. Subramanian Swamy is very optimistic when he talks of reducing the capital output ratio from four to three. With the huge investment required for welfare schemes, such a drastic fall is quite unlikely. Finally, as he says, skill development among the youth is important. Its impact will be seen in the long run. Kirti Pandey, Lucknow The driving force for development in 2020 is the younger generation. However, as most youngsters move towards the corporate world, traditional job-generating sectors such as agriculture face neglect. The new government in 2014 must take steps to attract the younger generation to agriculture. If this is achieved, India has a chance to surpass GDP growth of 12 per cent. Yuvaraj Kandasamy, Chennai Lest we forget Twenty-nine years and still no justice for the victims of the 1984 anti-Sikh riots (“Internationalising the 1984 riots,” Dec. 3). That those who are alleged to be guilty of instigating the riots continue to wield political influence is shocking. It makes one wonder how we can talk about secularism. It is a matter of shame that the families of victims have no option left but to highlight their plight at an international level. Sumit Sharma, Ludhiana LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T hrough the last decade, India and Japan have made determined efforts to transform their bilateral ties. The week-long two-city state visit to India by Emperor Akihito and Em- press Michiko is evidence that those efforts have been successful. The Japanese emperor strictly stays away from politics, but his visits abroad are high in symbolism, usually signifying an important juncture in Ja- pan’s relations with that country. After hitting a low in 1998 when Japanese sanctions against India for the Pokharan nuclear tests left relations crippled for more than two years, bilateral ties have grown rapidly within a short time to embrace a strategic partnership and defence links. Constant high-level interaction — the annual India-Japan summit, the regular exchanges between the two defence ministers, a “two plus two” dialogue involving the foreign and defence secretaries, a dialogue on maritime security, and a trilateral dialogue that includes the United States — has kept up the momentum. The two countries are also part of the G4 nations that recently intensified efforts towards text- based negotiations on the expansion of the U.N. Securi- ty Council. The Comprehensive Economic Partnership Agreement has boosted trade ties, though the movement of professionals it was meant to facilitate is yet to take off. Japan has been generous with financial assistance for infrastructure projects such as the Delhi Met- ro and the Delhi-Mumbai Industrial Corridor. Emperor Akihito’s visit to Chennai testifies to the significant Japanese investment in Indian industry, especially automobiles, a dominant sector in Tamil Nadu. What has remained elusive though is a civilian nuclear agreement. At their last summit in May 2013, Prime Minister Manmohan Singh and his Japanese counter- part Shinzo Abe directed their officials to “accelerate” negotiations towards this. But it will not be easy. Tokyo is interested, and so are Japanese vendors looking for markets abroad after Japan’s decision to cut down dependence on nuclear energy post-Fukushima. The two sides will take it up when Prime Minister Shinzo Abe visits New Delhi next month, but the domestic opposition to any such deal is bound to weigh on his mind. The healthy state of India-Japan relations is best seen in its own terms rather than as a result of a shared wariness of China. New Delhi and Beijing are engaged in improving relations at various levels, while China- Japan relations are a separate category. For all the sparring, their bilateral trade exceeds $300 billion, and contacts between the two countries exist at many levels. It would be absurd to construe Emperor Akihito’s India visit, planned many months ago, as a move to counter China against the backdrop of new tensions in the East China Sea. Transforming bilateral ties CARTOONSCAPE http://jobsalerts.in CM YK BG-BG THURSDAY, DECEMBER 5, 2013 12 THE HINDU THURSDAY, DECEMBER 5, 2013 BANGALORE EDITORIAL W ith its long history of communal violence, India certainly needs a specific law with a strong focus on preventing clashes between the majority community and minorities and providing reparations to the victims of such violence. The present revised draft of the Preven- tion of Communal Violence (Access to Justice and Reparations) Bill seeks to address some of the problems associated with communal violence in India, and put in place an institutional mechanism for redress. Whatever the immediate trigger for communal clashes, they are engineered and sustained by chauvinist and anti-social elements in both the majority and minority communities. Communal clashes by definition are starkly different from ordinary law and order disturbances. That there is an institutional bias against minorities and oppressed sections has been shown up repeatedly during times of communal violence. A special legislation that takes into account the specific character and circumstances of communal violence is therefore vital and unquestionable. But vitiating the earnestness of purpose in the enactment of this legislation is the fact that some of the provisions of the bill are too sweeping to address the real concerns that it intends to address. Tamil Nadu Chief Minister Jayalalithaa has pointed out that many of the provisions are worded vaguely, open to wide subjective interpretation, and hence misuse. Instead of a sharp focus on communal violence, the bill proposes to target “hate propaganda” too. Thus, anyone who disseminates any information “that could reasonably be construed to demonstrate an intention to promote or incite hatred” could attract the penal provisions of this law. Preventing communal violence requires better policing and administrative precautions rather than just prosecuting people who indulge in propaganda with the “intention” to promote hatred. In the absence of specific phrasing, there is scope for misuse by subordinate law enforcers. In its present form, the draft bill also encroaches on the rights of the States, given that law and order is a State subject. The proposed legislation gives ample room for intervention by the Centre in an area falling under the jurisdiction of the States. While there is no denying that India needs special legislation to deal with communal violence, the draft bill currently being circulated is unlikely to serve the purpose. It is important that the bill is redrafted to ensure a sharper focus on the specific issues of prevention of communal violence and reparation. The failure to eliminate the contentious provisions that are in any case too general and sweeping could endanger the passage of a potentially historic piece of legislation which in effect institutionalises a commitment on the part of government to the preservation of national harmony. Sharpen the focus T he UPA government’s notion of a ‘Rayala-Telangana’ state could fail before it gets off the ground. The Telangana Rashtra Samiti has called for a bandh to protest the idea. It is a rare case of a newly emerging state saying it does not want additional territory. And of course those for a united Andhra oppose the idea anyway. Although the TRS is the flag- bearer of the Telangana statehood cause — and the major Congress ally in the region — its anger should not come as a surprise. Not to those who read the Congress’s strategy on the issue. The Bharatiya Janata Party too is on the offensive. Those for Telangana will also bitterly resent the ‘joint capital’ status for Hyderabad. But what is really rattling everyone is the plan to include Kurnool and Anantapur districts in the new state, which would then be called Rayala-Telangana. Political calculations Three political calculations underpin the Centre’s, or rather the Congress’s, strategy on ‘Rayala-Telangana.’ The first of these: it could effectively divide the anti-bifurcation movement. The people of Rayalaseema were against the division of Andhra Pradesh, and Kurnool and Anantapur districts were home to some of the biggest protests. Yet, this is where the Congress leadership believes the wedge must be driven. What if people in these districts could be convinced that their first preference — United Andhra — is out? Might they then turn their attention to seeking a better deal within the new state? For instance, on water-sharing? They argue that even if people in the region were anti-bifurcation, they were never enamoured of their brethren in coastal Andhra. This exploits a regional divide within a regional divide. Second: some in the Congress believe this could transformany voting in the Assembly. As of today, 160 MLAs are fromSeemandhra regions, and 119 are fromTelangana. (Anoth- er 15 of the first group stand disqualified). The nays have it. But take away the 28 MLAs of Kurnool and Anantapur fromthe 160 and pencil them into the Telangana column and the scoreline reads 147-132 for the new state. This of course involves very dicey assumptions. But the Congress believes the MLAs and MPs and, importantly, lower-level leaders fromhere, will goalong. And many indeed might. This could also leave the masses, still opposed to the move, leaderless, and perhaps keep themoff the streets. Third: fromthe Congress point of view, the carving out of Rayala-Telangana would bring the party two further benefits. It would trun- cate the base of its major rival and dilute that of its main ally. Rayalaseema is the strong- hold of Jagan Reddy’s YSR Congress party. Take away two of its four districts and the Congress believes it has him corralled. Kur- nool and Anantapur account for 28 Assembly and four Lok Sabha seats. Their joining the new state would also dilute the strength of the TRS, which has no presence in any of those seats. Perhaps this might further pressure the TRS to merge with the Congress. It would also leave the new state and what remains of Andhra with exactly 21 seats each in the Lok Sabha. Cynical course All three calculations beg for trouble. The TRS is coming onto the streets withits opposition to the ‘Rayala’ element. The BJP could do the same. And whether you are a support- er of Telangana or a United Andhra, the chances of things going wrong with this cynical course are worrying. The race is on to get the division through before the Model Code of Conduct for next year’s general elections comes into force — which it could by Febru- ary. This further highlights the Congress’s move as having less to do with genuine statehood aspirations than with poll engineering. So at the same time as it tries to winthe game in the Assembly, the party makes it clear that it does not matter if it loses there. Simply put, the Congress is saying that (if it loses out on a vote), the opinion of a demo- cratically elected State legislature counts for nothing. This could launch an awful trend. Sure, the assent of the State Assembly is not mandatory in a legal-constitutional sense. It has not been the practice, though, in any of the last several State divisions. Whether in the case of Chhattisgarh, Uttarakhand or Jharkhand, the opinion of the Assemblies of Madhya Pradesh, Uttar Pradesh and Bihar was given importance. Each had six to eight weeks of discussions. In the case of the U.P. Assembly, 10 weeks. Their suggestions were taken on board. In Andhra Pradesh, the Congress intends to ram it through, the defiance of its own Chief Minister notwithstanding. The State Assembly won’t get anything like the time- frame the others did. About the only safe prediction of what will happen as the As- sembly convenes is chaos. Anger and passion will rule. But perhaps that is the idea: that the Centre could disregard the Assembly’s views, indeed its very role inthe process. Interms of future fallout, this is scary. Do this once, and it’s hard to say where it will stop. Yet, even the short-term calculations might explode. In the 21 Lok Sabha seats the truncated A.P. would have, a wipe-out of the Congress seems likely. The last round of by- elections signalled that sharply. What could it pick up in the new state? Bringing Kurnool and Anantapur into it also means making Jagan Reddy’s YSRCongress a force in Raya- la-Telangana. It already has a base indistricts like Khammam which have a huge “settler” population fromCoastal A.P. The fight in the four Lok Sabha seats in the two ‘new’ districts might well be between the YSRC and the Telugu DesamParty. (The last by-election to the State Assembly held in Anantapur saw the Congress finish third). One LokSabha seat inthe new State would go to the MIM. A TDP-BJP alliance — now on the cards — could also pick up a few seats. That would leave the Congress sharing 10-12 seats with an increasingly unhappy ally, the TRS. So the whole exercise could give the party half-a-dozenseats there and vanavas in A.P. for the foreseeable future. And how long will the ties with the TRS hold? They have frayed quickly in the past. The willingness to chance all this argues bothelectoral cynicism and desperation. Remember the Congress won 33 Lok Sabha seats from Andhra Pra- desh in 2009 — more than any party did from a single State anywhere in the country. It could lose most of those in 2014. And at the end of it, have resolved none of the major issues driving statehood demands: water- sharing, Hyderabad, and more. Polarising impact There is also the polarising impact on the Teluguvote inother States in2014. There are major Telugu communities in Maharashtra, Tamil Nadu, Karnataka and Odisha, for instance. In Maharashtra, those communities could favour Telangana and vote the Con- gress. In Tamil Nadu, Karnataka and Odisha, the impact on the much larger numbers there, could be the opposite. But never mind the polls, the most risky and dangerous part is here and now, in the process itself. Some leaders of the government have declared they will get the Bill on Telangana through Parlia- ment in this winter session. That starts on Thursday and ends within three weeks. What should normally be the process? The Groupof Ministers (GoM) presents its report to the Union Cabinet. The Cabinet studies it and sends it on to the Union Law Ministry whichwill draft a bill onstatehood. The Cabi- net finalises the bill and sends it on to the President of India. The President after studying it, refers it to the Andhra Pradesh As- sembly for its views. The Assembly debates the bill and returns it with its views to the President. Who then recommends the bill to Parliament. Only then does the latter discuss and vote on the bill. Normally, each stage of this process would require a minimumof one or two weeks. The stage at the Assembly, as the process in earlier cases shows, needs 6-8 weeks. How will all of that happen by December 20? Key actors, including the President, the Assembly and Parliament will be denied the time to study or debate the bill. None of them will take kindly to that. There has also been talk of extending the session or holding a special one for this bill. All to beat the Model Code of Conduct deadline. Whether you are for or against the bill, this amputation of the democratic process sets dangerous precedents. Maybe, as the cliché goes, ‘wisdomwill prevail’ and the bill won’t be pushed through in the winter session. A couple of Congress leaders have begun to waffle on the matter. If it still does happen, it will be driven by the need to get it done before the Model Code of Conduct comes into force. And for a possible half-a-dozen seats in the next Lok Sabha for the Congress. There is no other explanation for short-cir- cuiting the process to wind it up before Feb- ruary. That too for polls where, compared to 33 seats the last time, the Congress is in for a penny, in for a pounding. [email protected] In for a penny, in for a pounding P. Sainath The ‘Rayala-Telangana’ idea seeks to exploit a regional divide within a regional divide. It could backfire with serious consequences. On Telangana I agree that sheer political opportunismis behind the proposal to enlarge the proposed state of Telangana by adding Kurnool and Anantapur to it from the Rayalaseema region (editorial, “Dangerous opportunism,” Dec. 4). The future of the Telugu people is bleak as the proposed move will cause irreparable damage to both Telangana and Andhra Pradesh. People should be cautious while electing their new government in 2014. Pudi Pavan Kumar, Vijayawada The entire federal structure will be in danger if parties start placing political gains above development. From day one, parties have taken the people of Andhra Pradesh for granted by talking about alliance formation and electoral gains. No one seems to care about overall growth and tranquillity. S.A. Srinivasa Sarma, Hyderabad It is time for MPs from Andhra Pradesh to stand up and be counted by taking a decision and proving their loyalty to the people who have elected them or their party. Are they so toothless as to follow the dictumof the Centre? Y.R. Rao, Vijayawada Cartoonscape (Dec. 3) was outstanding. The ugly face of opportunistic politics is visible, with the Congress high command now focussing its attention on “Rayala-Telangana” so that it can neutralise threats. Leaders of Seemandhra seem to have given up their fight with the Centre for “status quo AP,” as power seems to be in sight. The Congress would do well to remember it is committing another blunder. B.V. Kumar, Nellore How can the Congress ignore historical and ground realities and go in for “Rayala-Telangana,” when there is no basis for any cultural affinity between Telangana and the two districts? What we see is political opportunism at its worst. Without further dilly-dallying, the Congress should push for legislation for the formation of a Telangana state, with Hyderabad as the capital. This will save Andhra Pradesh fromplunging into further turmoil. Mohd. Abdul Sattar, Hyderabad Looking East President Pranab Mukherjee’s short tour of Nagaland and Arunachal Pradesh on the 50th anniversary of the creation of Nagaland is significant. Development and political diplomacy are the need of the hour. Separatist tendencies in this part of the country can be curbed if far- flung areas are given equal attention. The visit by the President is a step in the right direction. Sudeshna Dey, Kolkata The Northeast has huge growth potential, as it is blessed with enormous natural resources. It has good social indicators vis-à-vis national figures and insome aspects is better than many developed States. The widespread use of the English language is an asset that mainstream India can tap. Adequate infrastructure and development are what the region lacks. It is a shame that rail connectivity is still poor here. Punya Jyoti Boruah, Assam While it is true that the development of the northeastern States has not received adequate attention, the reasons are not difficult to seek. The people of the region are not emotionally integrated to the concept of Indian nationhood. There is an urgent need to change their mindset, enhance people-to-people contact and establish special economic zones in the northeast corridor. K. Chellappan, Chennai Debating Article 370 At a recent rally in Jammu, Gujarat Chief Minister Narendra Modi asked whether Article 370 has helped the average citizen of Kashmir. Is he trying to stand apart by calling for a debate on Article 370? Was he suggesting that one of the BJP’s and the RSS’s core and non-negotiable issues is scrapping the Article? A debate on Article 370 is welcome. But since the purpose of the Article is to give Jammu and Kashmir autonomy in matters of citizenship, property ownership and other rights, Parliament is the proper place to debate this. C. Koshy John, Pune The special status granted to J&K by Article 370 is no special status in the real sense. It included a set of nomenclatures like Wazir-e-Azam, Sadr-e-Riyasat and the right to self- determination which, with the passage of time, were done away with to integrate the State into the Indian Union. Even the Privy Purses were abolished. What remain are the Constitution of J&K and some privileges which, even if taken away, may not be significant for the Centre. But the move will definitely alienate the Kashmiris further. There are still questions waiting for answers, the important one being the authenticity of the document we call the Instrument of Accession. Aijaz Hussain Malik, New Delhi Mr. Modi’s remark on Article 370 has only ended up creating more problems. It may stir up fresh trouble with separatist leaders, militant groups and opportunistic political parties. This shows Mr. Modi’s lack of vision and pragmatism. Moreover, given the significance, history and context of the State and the Article, the people with whom Mr. Modi needs to discuss the issue are those in the Kashmir Valley. Manzar Imam, New Delhi For mutualism Madhav Gadgil’s article (editorial page, Dec. 4) is an eye-opener for those who advocate indiscriminate, lopsided and senseless development that will affect the fragile biodiversity of the Western Ghats. There are numerous precedents of how uneven development inthe industrial world has affected them in the long term. India needs to rethink its one-sided model of development. P. Jyothiradityan, Kollengode As Mr. Gadgil has pointed out, Kerala is a place where advanced social development along with a high level of participatory democracy can help in protecting the environment, ensuring development and increasing sensitivity to what the citizenry wants. Therefore, it is unfortunate that some parts of the State observed a strike recently protesting the Kasturirangan report on the Western Ghats. We have seen the ill-effects of development when vested corporate interests endanger the poor and the impoverished in Odisha and Bihar. In Kerala, the quarries in Pathanamthitta represent lopsided development. Development is meaningful only if it is inclusive and sustainable. Aswathy Narayan, Alappuzha Economic agenda There are many challenges for India in 2020, prime among thembeing a growing population, urbanisation and poverty alleviation (Dec. 2). Equally important is ensuring jobs to 12 million people entering the workforce every year. Manufacturing has performed poorly and most employment is in the unorganised sector. Education levels need to be improved by establishing world-class universities. India also needs to meet the targets of the Millennium Development Goals. Akshay Dhadda, Jaipur The Great Depression of 1929 showed that a system of competitive production often leads to a production race accompanied by inequalities, which lead to a nullification of demand-driven factors. The greater participation of the state indeveloping a sustainable domestic demand — where both productionand consumptioncanbe maintained — is inevitable before we can gauge GDP growth and wealth generation parameters in the long term. Md Adil Ashraf, Gaya 1984 riots The article onthe 1984riots (Dec. 3) highlights the double standards of our political system. On one extreme, we support the attempts to internationalise the issue of alleged “genocide and violation of human rights” during the Sri Lankan civil war, and downgrade our level of participation at the CHOGM summit. But we do not hesitate to call a Sikh body’s campaign for justice a “cheap attempt” at publicity. What happened in 1984 is a blot on our democracy. The inviolable right of Sikhs to justice should be protected by the judiciary. Vipna Verma, Shimla LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. I f the bird flu strain H7N9 emerged in China in March last year, causing infections in about 134 people and killing 43, another novel bird flu strain, H6N1, emerged this May in Taiwan. Un- like the H7N9 strain, the latest one has infected just one person, a 20-year-old woman who presented with typical influenza-like symptoms. What is puzzling is that she had not come in contact with poultry and did not travel outside the country for up to three months prior to infection. This leaves the transmission pathway inconclusive. Yet, there are indications that the source could be poultry as the H6N1 strain has been endemic in poultry in Taiwan since 1972. Strength- ening the possibility of the source is the prevalence of the virus with the same mutation (G228S substitution in the haemagglutinin) in poultry as the one isolated from the woman. If the H6N1 virus with the particular mutation was found in a few chicken in Taiwan since 2000, it became widely prevalent since 2005. As in the case of other bird flu strains, the mutation that gave H6N1 the ability to infect humans originated from a reassortment, possibly of the H5N2 and H6N1 viruses. Besides the unknown transmission pathway, the concern is the unknown causal factor that made the six close contacts of the woman develop a respiratory- tract infection or fever. The fact that there is only one case of confirmed infection and that the woman has responded well to treatment indicate the strain has not yet acquired transmissibility and lacks the lethality required to cause a pandemic. Yet, H6N1 underlines the inevi- tability of strains emerging and acquiring the ability to jump from its animal host to humans. The Taiwan virus turns the spotlight on the need for laboratory studies to assess the virulence and transmissibility of possible influenza viruses that may emerge through reassortment. The controversial research earlier by two groups of scientists who undertook experiments to create H5N1 mutant viruses in the lab very nearly divided the scientific community in 2011. The experiments were undertaken to understand possible ways in which the H5N1 virus might mutate and spread in humans. Such experiments were opposed on biosafety and biosecur- ity considerations. But these concerns have been al- layed, with the U.S. Department of Health and Human Services introducing a review process before funding any such research. While it is currently reviewing experiments on H7N9, H6N1 may possibly be the next candidate. New bird flu strains CARTOONSCAPE http://jobsalerts.in CM YK BG-BG FRIDAY, DECEMBER 6, 2013 12 THE HINDU FRIDAY, DECEMBER 6, 2013 BANGALORE EDITORIAL C hina’s move to implement an Air Defence Identification Zone in the East China Sea has sparked concern among its eastern neighbours and the United States. That the ADIZ so marked includes the Senkaku/Diaoyu islands — whose ownership is contested by China and Japan — has riled Japan and the U.S., prompting Washington to send B-52 bombers over the Zone. China admittedly is well within its rights to demarcate such an ADIZ. Air defence identification zones serve as buffer airspace for countries, extending in some cases beyond territorial waters. It is the prerogative of littoral states to determine how they should respond to civilian or military aircraft entering an ADIZ. The U.S. and Canada have identified air defence zones that cover hundreds of miles beyond their territorial seas — the U.S., however, maintains that only military aircraft are required to inform the authorities while crossing this space and that too if they intend to fly towards the mainland. India has marked six such zones hugging its coastline, with stringent clearance requirements for all aircraft entering them. Whether China has unilaterally implemented an ADIZ is inconsequential and it is conceivable that air defence zones of neighbouring countries may overlap. Japan, for instance, identified an ADIZ bordering Taiwan earlier this year without consulting Taipei, stoking a controversy. The question, then, is not one of legality but propriety. Some directives contained in China’s ADIZ announcement were rather alarming. China’s announcement that its “armed forces would adopt de- fensive emergency measures” — presumably going well beyond identification or interception — against non- cooperating aircraft, was problematic especially in the light of a standing dispute over some territories in the Zone. The Chinese government may have intended to remind the U.S. that it is the dominant power in the region. Yet ironically, this episode has brought the U.S. and its allies together in a huddle. Beijing must also now contend with its increasingly vocal nationalist constituency that has been demanding “countermeasures” against violating aircraft. The U.S. too must desist from creating further friction in the region. After an initial display of bravado in sending bomber planes over the ADIZ, the U.S. has asked its commercial aircraft to “operate consistent with notices to airmen issued by foreign countries.” China should now respond in kind and assuage the legitimate concerns of its Asian neighbours. The Chinese Defence Ministry’s clarification that the “Zone does not aim at any specific country or target, nor does it constitute a threat to any country or region,” is a welcome measure. Posturing over airspace A t the Bharatiya Janata Party’s recent Lalkar rally in Jammu, its prime ministerial candidate, Na- rendra Modi, called for a debate on Article 370. This is encouraging and suggests that the BJP may be willing to review its absolutist stance on the Article that defines the provisions of the Constitution of India with respect to Jammu and Kashmir. Any meaningful debate on Article 370 must, however, separate mythfromreality and fact from fiction. My purpose here is to respond to the five main questions that have already been raised in the incipient debate. Why it was incorporated First, why was Article 370 inserted in the Constitution? Or as the great poet and think- er, Maulana Hasrat Mohini, asked in the Constituent Assembly on October 17, 1949: “Why this discrimination please?” The answer was given by Nehru’s confidant, the wise but misunderstood Thanjavur Brah- min, Gopalaswami Ayyangar (Minister without portfolio in the first Union Cabinet, a former Diwan to Maharajah Hari Singh of Jammu and Kashmir, and the principal draf- ter of Article 370). Ayyangar argued that for a variety of reasons Kashmir, unlike other princely states, was not yet ripe for integration. India had been at war with Pakistan over Jammu and Kashmir and while there was a ceasefire, the conditions were still “unusual and abnormal.” Part of the State’s territory was in the hands of “rebels and enemies.” The involvement of the United Nations brought an international dimension to this conflict, an “entanglement” which would end only when the “Kashmir problemis sat- isfactorily resolved.” Finally, Ayyangar argued that the “will of the people through the instrument of the [J&K] Constituent As- sembly will determine the constitution of the State as well as the sphere of Union jurisdiction over the State.” In sum, there was hope that J&K would one day integrate like other States of the Union (hence the use of the term “temporary provisions” in the title of the Article), but this could happen only when there was real peace and only when the people of the State acquiesced to such an arrangement. Second, did Sardar Vallabhbhai Patel oppose Article 370? To reduce the Nehru-Patel relationship to Manichean terms is to car- icature history, and this is equally true of their attitude towards Jammu and Kashmir. Nehru was undoubtedly idealistic and ro- mantic about Kashmir. He wrote: “Like some supremely beautiful woman, whose beauty is almost impersonal and above human desire, such was Kashmir in all its feminine beauty of river and valley...” Patel had a muchmore earthy and pragmatic view and — as his masterly integration of princely states demonstrated — little time for capricious state leaders or their separatist tendencies. But while Ayyangar negotiated — with Nehru’s backing — the substance and scope of Article 370 with Sheikh Abdullah and other members from J&K in the Constituent Assembly (including Mirza Afzal Beg and Maulana Masoodi), Patel was very much in the loop. And while Patel was deeply sceptical of a “state becoming part of India” and not “recognising ... [India’s] fundamental rights and directive principles of State policy,” he was aware of, and a party to, the final outcome on Article 370. Negotiations Indeed, the synergy that Patel and Nehru brought to governing India is evident in the negotiations over Article 370. Consider this. In October 1949, there was a tense standoff betweenSheikhAbdullahand Ayyangar over parts of Article 370 (or Article 306A as it was known during the drafting stage). Nehru was in the United States, where — addressing members of the U.S. Congress — he said: “Where freedom is menaced or justice threatened or where aggression takes place, we cannot be and shall not be neutral.” Meanwhile, Ayyangar was struggling with the Sheikh, and later even threatened to resign from the Constituent Assembly. “You have left me even more distressed than I have been since I received your last letter …I feel weighted with the responsibility of finding a solution for the difficulties that, after Panditji left for America ... have beencreated … without adequate excuse,” he wrote to the SheikhonOctober 15. And who did Ayyangar turn to, in this crisis with the Sheikh, while Nehru was abroad? None other than the Sar- dar himself. Patel, of course, was not enamoured by the Sheikh, who he thought kept changing course. He wrote to Ayyangar: “Whenever Sheikh Sahib wishes to back out, he always confronts us with his duty to the people.” But it was Patel finally who managed the crisis and navigated most of the amendments sought of the Sheikh through the Congress party and the Constituent As- sembly to ensure that Article 370 became part of the Indian Constitution. Third, is Article 370 still intact in its original form? One of the biggest myths is the belief that the “autonomy” as envisaged in the Constituent Assembly is intact. A series of Presidential Orders has eroded Article 370 substantially. While the 1950 Presiden- tial Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State with the support of the Sheikh, the subsequent series of Presidential Orders have made most Union laws applicable to the State. In fact today the autonomy enjoyed by the State is a shadow of its former self, and there is virtually noinstitutionof the Repub- lic of India that does not include J&K within its scope and jurisdiction. The only substantial differences from many other States relate to permanent residents and their rights; the non-applicability of Emergency provisions on the grounds of “internal disturbance” without the concurrence of the State; and the name and boundaries of the State, which cannot be altered without the consent of its legislature. Remember J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I. Fourth, can Article 370 be revoked unilaterally? Clause 3 of Article 370is clear. The President may, by public notification, declare that this Article shall cease to be oper- ative but only on the recommendation of the Constituent Assembly of the State. In other words, Article 370 can be revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing torecom- mend its revocation. Of course, Parliament has the power to amend the Constitution to change this provision. But this could be subject to a judicial review which may find that this clause is a basic feature of the relationship between the State and the Centre and cannot, therefore, be amended. Gender bias? Fifth, is Article 370 a source of gender bias in disqualifying women from the State of property rights? Article 370 itself is gender neutral, but the definition of Permanent Residents in the State Constitution — based on the notifications issued in April 1927 and June 1932 during the Maharajah’s rule — was thought to be discriminatory. The 1927 notification included an explanatory note which said: “The wife or a widow of the State Subject … shall acquire the status of her husband as State Subject of the same Class as her Husband, so long as she resides in the State and does not leave the State for permanent residence outside the State.” This was widely interpreted as suggesting also that a woman from the State who marries outside the State would lose her status as a State subject. However, in a landmark judgement, in October 2002, the full bench of J&K High Court, with one judge dissenting, held that the daughter of a permanent resident of the State will not lose her permanent resident status on marrying a person who is not a permanent resident, and will enjoy all rights, including property rights. Finally, has Article 370 strengthened separatist tendencies in J&K? Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future. It was about empowering people, making people feel that they belong, and about increasing the accountability of public institutions and services. Article 370 is synonymous with decentralisation and devolution of power, phrases that have been on the charter of virtually every political party in India. There is no contradiction between wanting J&K to be part of the national mainstream and the State’s desire for self-governance as envi- sioned in the Article. Separatism grows when people feel disconnected fromthe structures of power and the process of policy formulation; in contrast, devolution ensures popular participation in the running of the polity. It can be reasonably argued that it is the erosion of Article 370 and not its creation which has aggravated separatist tendencies in the State. Not surprisingly, at the opposition conclave in Srinagar in 1982, leaders of virtually all national parties, including past and present allies of the BJP, declared that the “special constitutional status of J&K under Article 370 should be preserved and protected in letter and spirit.” A review of its policy on Article 370, through an informed debate, would align today’s BJP with the considered and reflective approach on J&K articulated by former Prime Minister Atal Bihari Vaj- payee. Only then would the slogans of Jhu- muriyat, Kashmiriyat and Insaniyat make real sense. (AmitabhMattoois Director, Australia In- dia Institute, Professor of International Re- lations, University of Melbourne and Jawaharlal Nehru University.) Understanding Article 370 Amitabh Mattoo Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future. Assembly polls The high voter turnout in the Assembly election in crucial States seems to have sent out a clear message to the Congress that the common man is dissatisfied with the UPA’s governance (Dec. 5). The UPA should see the writing on the wall and realise that it is largely to blame for its own plight. Mis- governance, unbridled corruption and growing policy paralysis are what might have made voters look for other options. J.R. Kamath, Coonoor While there is much debate on opinion/exit polls and their “results,” it is clear this time that the Congress is in the deep end of the pool. If trends are to be believed, whether it is Rajasthan, Chhattisgarh, Madhya Pradesh or Delhi, bad times seemto be instore for the UPA. C.K. Ramani, Mumbai Expanding Telangana The planned Caesarean of Andhra Pradesh is unwarranted. The editorial (Dec. 4) reflects the opinionof most people of the State. The proposal for a “Rayala- Telangana” is only meant to help the Congress cover its losses by undercutting its political rivals, the Telangana Rashtra Samiti and the YSR Congress. This example of political opportunismwill come at a high cost — of increasing turmoil in the State. Y. Jagannatham, Vijayawada The present crisis that Andhra Pradesh faces is because of a series of blunders committed by the ruling Congress right from 2009. Its repeated flip-flops on the issue of Telangana and choice of Chief Ministers led to the issue spiralling out of control. Rajasekhar, New Delhi All recent acts of the Congress are examples of political opportunism. If the idea of a “Rayala-Telangana” is pushed forward, the party is bound to be wiped out electorally in Andhra Pradesh. The UPA government must stop meddling with A.P. The Telangana Bill can be discussed in Parliament after the results of the 2014 election, and with a cool mind. Let the people of the State decide what is to be done. S. Gopal, Kakinada Rank opportunism on the part of the Congress is nothing new. It was clear when the CWC took the decision to create a separate state of Telangana, without considering the merits and demerits of the proposal. It believed then that the TRS would merge with the Congress if Telangana was given statehood, giving it an electoral advantage in the new state. With the TRS backing out from its promise of merger, the Congress has come up with the “Rayala- Telangana” proposal. V. Subbarao, Hyderabad While no one disagrees that the proposal for a larger Telangana is an act of political opportunism, it must be noted that Telangana has all along been marred by the politics of opportunism. The demand for a separate Telangana by K. Chandrasekar Rao was revived to resurrect his dying political career. The issue served to dethrone the almost invincible Chandrababu Naidu and bring the Congress back to power. It was put on the backburner by Y. S. Rajasekhara Reddy during 2004- 2009, and KCRalso played along — an act of political convenience for mutual gain. The fatal helicopter crash not only took away the life of YSRbut also the hope of a peaceful, united Andhra Pradesh. The renewal of the Telangana demand by KCR was an act of political revivification. For Jagan, it is an act of political adventurism. Sadly, the way to Telangana is paved with political events which have had little participation by the people of Andhra Pradesh. N. Sridhar, Secunderabad A State being divided on the basis of language is understandable, but dividing it for the sake of a few political leaders — to satisfy their selfish ends — is unacceptable. When Parliament convenes next, the issue is bound to be hotly debated. One looks forward to hearing the views of our national parties. Shibu Gopal, Machilipatnam It would naive to assume that “Rayala-Telangana” will solve problems such as water-sharing. If anything, the merger will only add to existing difficulties. In fast- tracking the creation of Telangana, the Centre seems to have placed a premium on enhancing the interests of the Congress as a party. It is also to undercut the popular support of its main rivals. Political opportunism and sordid electoral calculations that place the lives and security of the people in jeopardy are bound to fail. Mejari Mallikarjuna, Chittoor Exploiting a divide This refers to P. Sainath’s article “In for a penny, in for a pounding” (editorial page, Dec.5). The main reason for a separate Telangana is the region’s cultural identity and its backwardness. The Congress’s decision to create a larger Telangana seems to be an attempt to corner the TRS and force a merger. It is undemocratic to think in terms of a “Rayala-Telangana”, as nobody asked for it. Apart from sharing geographical features, there is nothing in common. How can the Centre think in terms of dividing Rayalaseema without taking its stakeholders into confidence? Y.V.K. Ravi Kumar, Hyderabad What started off as an agitation to address the backwardness of the Telangana region has now become a political game, with the Congress taking the lead. Apart fromit being an administrative bifurcation, it is alsoanattempt todivide minds and hearts. K. Sivasubramanian, Chennai Slow road to justice The reason for protracted judgments in India is the unprecedented level of frivolous cases and a lack of judicial infrastructure (Opinion, Dec. 5). An issue of contemplation is to protect the interests of the poor who cannot afford legal services. The legal profession must be made more attractive for the younger generation. K. Rohit Chandran, Hyderabad Why has the writer talked about the Aarushi Talwar case? What about the Kunal Bose murder case of 2000 where the wife was acquitted by a High Court after she served 13 years in jail? Here, the court accepted that it was an unfortunate event where the mother had to part with her minor children. There are numerous other cases of litigants facing an extreme form of inhumanity due to delays in the justice delivery system. A lack of attractive salary packages in what canbe termed a difficult profession is another reason why there is inadequate talent in the legal field. The Supreme Court must think in terms of making the legal system more effective and responsive to people’s needs. Madhusree Guha, Kolkata Our faith in the justice delivery system is fast eroding because justice is never given speedily and in fair time. There are lots of cases pending in our courts and where it takes years to deliver verdicts. In the Delhi gang rape case, it was only because people came out onto the streets to protest that the government responded in time. Sadhna Roul, New Delhi LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. O n the face of it, the improvement in the balance of payments data during the second quarter of this year compared to earlier reporting periods looks nothing less than spectacular. According to the RBI, India’s current account deficit (CAD) narrowed sharply to $5.2 billion (1.2 per cent of GDP) in the second quarter from $21 billion (5.0 per cent) during the corresponding period last year. It was also much lower than the 4.9 per cent in the first quarter. The sharp fall is attributed to a contraction in the trade deficit to $33.3 billion from $47.8 billion a year ago. Merchandise exports picked up while imports, especially of gold, moderated. Exports increased by 11.9 per cent to $81.2 billion on the back of significant growth in leather and textile exports. On the other hand merchandise imports at $114.5 billion re- corded a steeper decline of 4.8 per cent on a year on year basis. Gold imports fell steeply to $3.9 billion compared to $16.4 billion in the preceding quarter and $11.1 billion a year ago. Indisputably, some deft policy moves aided by some fortuitous circumstances have made the external economy look much stronger than it was barely three months ago. The gyrations in the rupee-dollar exchange rate say it all. The free fall of the rupee in August was both the cause and the consequence of prevailing macroeconomic uncertainty. It exposed in no uncertain terms the perils of overdependence on short-term capital flows to fund the current account. This is amply reflected in the latest BOP data: net portfolio investment outflows were of the order of $6.6 billion, almost matching the inflows under foreign direct investment. Altogether in the first half of the year, reserves were down by more than $10 billion despite the vast improvement in the CAD. The rupee’s path towards relative stability since then reflects, above all, a considerable improvement in the external economy. The RBI’s unconventional measures to shore up the rupee, such as through opening a separate window for oil companies, have also helped. Exports have received a major fillip in the wake of the rupee’s depreciation. But the narrowing of the CAD is also due to continued weakness in non-gold, non-oil imports. Any acceler- ation in growth will push up the import bill of these items. Finally, government policies might have sharply curtailed gold imports but the underlying demand for gold remains, and indications are that it will be met through smuggling. The battle for securing the current account on a more permanent basis is far from over. Persisting challenges CARTOONSCAPE http://jobsalerts.in CM YK BG-BG SATURDAY, DECEMBER 7, 2013 12 THE HINDU SATURDAY, DECEMBER 7, 2013 BANGALORE EDITORIAL T he world has lost one of the greatest figures of the 20th century in the passing of Nelson Mandela, iconic revolutionary who ended apartheid in South Africa. Africa’s last great statesman, Mandela presided over a largely peaceful political transition and stepped aside after only one term in power. He was the first black President of South Africa and under his aegis, the country dismantled the institutional legacy of apartheid and racism. He remained the country’s moral compass in the silence of his twilight in much the same way he served as the liberation movement’s rallying cry through 27 years of incarceration. He appointed a Truth and Reconcil- iation Commission that might have fallen short of conclusively addressing apartheid-era atrocities but saved the nation from a descent into bloodshed. The former President is being mourned across the nation. His loss is most acutely felt at the headquarters of the African National Congress (ANC), the party he joined in 1943 and subsequently led to electoral victory in 1994. In a manner reminiscent of the Indian National Congress (INC) in post-Independence India, the ANC has long used Mandela’s name and liberation credentials to cement its position as the natural party of government. The prolonged and often acrimonious squabbling between the government, his heirs and sections of the party about his hospitalisation, burial site and memorial foundation underscored his continued importance to the ANC’s project of political hegemony long after his retirement. Mandela’s death comes at the time when the ANC is preparing for an election that may see its share of the vote fall below 60 per cent, illustrating creeping voter discontent. Moving forward, the ANC’s greatest challenge is likely to be the “born frees”, a generation of South Africans born after the collapse of the hated colonial regime, who are less susceptible to the party’s emotive message of liberation. For these young citizens, the most poignant reminder of oppression is the one that Mr. Mandela did not address — land, natural resources and the ownership of Africa’s richest economy. Rather than democratising the economy, Mr. Man- dela’s successors have used so-called black empowerment programmes to enrich a tiny elite, creating space for a mass politics as espoused by Julius Malema, a firebrand former ANC Youth League leader who has launched his own political front, the Economic Freedom Fighters (EFF). Mr. Malema is himself facing charges of corruption, suggesting the EFF may not be the ANC’s most potent foe. Statesmen are forged and ultimately limited by the circumstances of their struggles. By leading his country out of the horrors of racial segregation, Mr. Mandela has won his place in history. His successors must now seek their own. Nelson Mandela T he provisions of the Constitution (120th Amendment) Bill later cor- rected as the Constitution (99th Amendment) Bill read with the Ju- dicial Appointments Commission Bill, 2013 (JAC Bill), if adopted, will emasculate an independent judiciary and will pose a grave threat to the rule of law. The Constitution Amendment having been passed by the Ra- jya Sabha on September 5, 2013 is coming up before the Lok Sabha in the winter session. Our Supreme Court has said “[the] Rule of Law is a basic feature of the Constitution which permeates the whole of the constitutional fabric and is an integral part of the constitutional structure. The independence of the judiciary is an essential attribute of the Rule of Law.” The court has also observed: “In India, however, the judicial institutions, by tradition, have an avowed apolitical commitment and the assurance of a non-political com- plexion of the judiciary cannot be divorced from the process of appointments. … The constitutional values cannot be whittled down by calling the appointment of judges an executive act.” The doctrine of separation of powers cannot be stretched so as to set up a mechanism which is capable of being abused by making judicial appointments completely subser- vient to the will of the executive. Pernicious features First, the composition of the JAC is the Chief Justice of India (CJI), two seniormost judges of the Supreme Court, the Law Minis- ter, and two eminent persons selected by a panel consisting of the Prime Minister, the CJI and the Leader of the Opposition in the Lok Sabha. It can be modified or altered by Parliament by ordinary law (Article 124A). This configurationof six members is not part of the Constitutionand is not constitutionally entrenched. The JAC can be ‘packed’ by pliant elements in future by the executive even by an Ordinance and the JAC can recommend non-meritorious persons even on the basis of caste, religion or loyalty to the government. The appointment of the CJI, the CJ of High Courts, and judges of the Supreme Court and the High Courts and transfer of High Court judges are to take place on the recommendation of the JAC. Thus, a JAC can, even by a majority, recommend a junior judge of the Supreme Court to be a CJI — or even a Chief Justice or judge of the High Court can be recommended to be the CJI. Further, with six members as contemplated in the JAC, a casting vote for the CJI is essential. Secondly, there is no provision recognising the convention that the seniormost Su- preme Court judge will be appointed as the CJI (unless physically impaired) — a constitutional convention adhered to from 1950 except for the two supersessions concerning Justice A.N. Ray and Justice M.H. Beg. Such a provision will prevent lobbying and will preserve collegiality in the apex court. Thirdly, the JAC Bill provides that the Central government will appoint the officers and employees of the Commission, making its secretariat a government department. This is the most dangerous provision. The officials and personnel of the Commission should be appointed in the same manner as those of the Supreme Court (Article 146), viz. by the CJI or such other judge or officer of the court as he may direct. If the secretariat or officers and servants of the JACare treated as government departments, there are a hundred ways of making the JAC dysfunc- tional. In addition, the confidentiality and secrecy of the JAC deliberations cannot be maintained. The importance of an independent secretariat is a sine qua non for an independent and politically neutral JAC. Fourthly, all expenses including salaries, allowances and pensions should be charged upon the Consolidated Fund of India as provided for the Supreme Court and the High Courts (Article 146 and 229). The JAC must be financially independent of executive budgetary control. Finally and, most importantly, the crit- icismagainst the collegiumsystemwas lack of transparency, no consultations with the Bar, favouritism, the lack of a level-playing field for meritorious members of the Bar, no list of potential candidates prepared after advertisements and nominations to be put up in the public domain and lack of guidelines and criteria in the selection process. These core concepts must be incorporated in the Constitution Amendment and not left to be addressed by the Central government or the JAC. One opaque collegiumneed not be substituted by another, raising the apprehension that future vacancies may be shared by internal accommodations withinthe JAC. The above pernicious shortcomings are ticking time-bombs which can be detonated at any time by a powerful executive having a parliamentary majority in the future — and we are looking at a future which may extend to many years. If these flaws are removed and appropriate ancillary provisions are made inthe Con- stitution Amendment Bill itself, the entire judicial reform can be part of the Constitu- tion and the JAC Bill will become wholly redundant. It is worth recalling that the provisions of the Bills were never communicated to the Bar for a robust debate, in spite of a written request by leading members of the Bar in April 2013. The two Bills were gazetted and tabled inthe Rajya Sabha onAugust 29, 2013. On September 5, 2013, the Constitution Amendment Bill was passed in the Rajya Sabha by 131 votes infavour and a single vote by RamJethamalani in opposition. The JAC Bill has been referred to a parliamentary committee. This great hurry reminds one of the amendments passed during the Internal Emergency — the 39th Amendment moved on August 6, 1975, and passed on August 8, 1975; the 40th Amendment moved on May 18, 1976, and passed onMay 27, 1976; the 41st Amendment moved on August 18, 1976 and passed on August 30, 1976; the 42nd Amend- ment moved on August 28, 1976, and passed on November 11, 1976. Reactions to the Bill The views of former CJI M.N. Venkata- chaliah (who headed the National Commis- sion to Review the Working of the Constitution) as reported mention that it would be dangerous if the primacy of the CJI in the appointment process was done away with — it would be against the basic structure of the Constitution. Two other former CJIs are reported to have strong reserva- tions about the JACbeing altered by a simple majority and even somebody other than the CJI being made chairperson of the JAC (In- dian Express, September 6, 2013). If the Bills in the present formare passed without eliminating the pernicious features, a serious constitutional challenge is likely to be mounted on the ground of violation of the basic structure by undermining an independent judiciary and consequently the rule of law. These are not imaginary fears. Who expected constitutional amendments which effectively emasculated judicial review being passed during the Internal Emergency after detaining all Opposition leaders, gagging the press and controlling the media and intimi- dating High Court judges by punitive transfers? Modus Vivendi: possible consensus Is a consensus possible? Dr. Rajendra Pra- sad inhis speechinthe Constituent Assemb- ly on the eve of the adoption of the Constitutionsaid: “We have prepared a democratic Constitution. But a successful working of democratic institutions requires in those who have to work themwillingness to respect the viewpoints of others, capacity for compromise and accommodation. … After all, a Constitution like a machine is a lifeless thing. It acquires life because of the menwho control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them…” The Law Minister in his speech delivered in Hindi in the Rajya Sabha on September 5, 2013, said that Parliament had great respect for the judiciary and that the independence of the judiciary should not be impaired. There seems to be some rethinking by the government in regard to the composition of the JAC being entrenched in the Constitution. It is a unanimously held view that the rule of law and the independence of the judiciary should in no manner be compromised. It is widely perceived that the collegium system has not worked well and requires extensive reforms. If the amendment is passed with the pernicious flaws indicated above, it is likely to create enormous tensions between the Bar and the judiciary on the one side and the executive on the other — a bruising confrontation which could well be avoided before the coming general elections. It is hoped that our political leadership will rise to a level of statesmanship to give substance to the prophetic words of Rajen- dra Prasad, and bring judicial reforms while preserving the rule of law supported by an independent judiciary. (Anil Divan is president, Bar Association of India. [email protected]) Upholding judicial independence Anil Divan It is a unanimously held view that the rule of law and the independence of the judiciary should in no manner be compromised. It is widely perceived that the collegium system has not worked well and requires extensive reforms. An indelible legacy In Nelson Mandela’s death, the world has lost an irreplaceable icon. For many of us born in the post-Gandhian era, Mandela was a role model and an inspiration, across race and religion; a manwho spent nearly three decades in prison fighting racial hatred and who epitomised the word “courage.” I still remember the telecast of Mandela’s release in 1990 on national television, watched by billions. For a world divided in many ways, his life should serve as a source of inspiration. He has left behind a legacy that will remain imprinted on the face of the earth for time immemorial. Ashish Choudhury, Chennai The world was shocked to wake up to the news of Mandela’s death. In the passing of Madiba, the world has lost one of its finest human beings and tallest leaders. D. Manohara Rao, Vizianagaram His relationship with India has always been special and it would be no exaggeration to call him the Mahatma of Africa. He will always inspire us to free ourselves of hatred, anger and prejudice. Rest in peace Madiba. Rahul Kumar Gupta, Delhi The legend who demolished apartheid is no more. Since he fought for human rights, he belongs to the whole world. His words, “I can rest only for a moment, for with freedom come responsibilities, and I dare not linger, for my long walk is not yet ended” epitomise his life. J. Bharath, Thanjavur The anti-apartheid icon — the handsome and charismatic Mandela — will be remembered forever. He spent a large part of his life in prison cells, walking down the lonely road. He will continue to live in the fond memories of many. Laurence Culas, Bangalore A great unifier It is hard to imagine that a person could be imprisoned for 27 years just for seeking justice and equality for his people. It is scary that this happened in the 20th century, and not during the Dark Ages. Mandela’s accession to presidency was graceful. He did not seek retribution, which was testimony to his eminence. Karthik Subramanian, NSW, Australia “Onmy last day I want toknow that those who remain behind will say: ‘The man who lies here has done his duty for his country and his people’.” This statement by Nelson Mandela sums up his commitment to his country. He was an all-time hero. Philip Joshua, Secunderabad One of Mandela’s great gifts was his insistence on his own dispensability. He stood down after a single term as President of his country. Despite his incarceration of more than 25 years by the racist white regime, he bore no ill-will or resentment towards his oppressors. He was a great unifier with a remarkable lack of bitterness and a rare human being who strived to raise the standard of humanity. C.G. Kuriakose, Kothamangalam He spelt freedom It is not only South Africa but the whole world that has lost its greatest son. What a life Nelson Mandela led and what a great contribution he made to world peace and the universal struggle against injustice! He has left behind a treasure of human values from which our entire mankind can learn lessons and use. S. Ram, Chennai Nelson Mandela is no more! Mankind has lost a great soul. The man who inspired millions of people has left the world. The South African leader was synonymous with freedom and human values. Every student, teacher and politicianI met during my five-year stay in the African continent admired Madiba and said great things about him. If only the world had a handful of politicians like Nelson Mandela, it would have been different and a better place to live in. I am reminded of South African singer Brenda “Mabrr” Fassie’s song which she sang on his release: “.... Now, in 1990, The people’s president came out from jail, Raised up his hand and said ‘Viva, viva, my people,’ He walked the long road, Back, back to freedom, Back, back to freedom, Freedom for our president ... Let us sing, let us dance, For Madiba, Madiba’s freedom.” Albert, Chennai Faith in judiciary The episode of misbehaviour by a retired Supreme Court judge with an “intern” is a matter of great concern. It is commendable that the Chief Justice of India immediately sprang into action and constituted a committee of inquiry. One has to commend the integrity, commitment and the concern for women exhibited by Justice P. Sathasivam especially after he has acted in a transparent manner (Dec. 6). The fact that a summary of the report has now been displayed on the website of Supreme Court is praiseworthy. Srimathi Venkatachari, Chennai It is disheartening to know that women in our country are not safe while working even with judges. If a justice giver commits such a horrendous act, then what justice can the average citizen expect? This is anincident that has shocked the conscience of people. However, the quick follow-up action by the Supreme Court shows that no one is above the law. The report, based on a proper and effective scrutiny of facts, has againstrengthened our faith in the judiciary. Isha Sachdeva, Yamunanagar Heightened activismby media and social activists in condemning Justice A.K. Ganguly in the harassment case even before a formal complaint has been lodged defies the law of natural justice. First, under the veil of protection and secrecy under the law, anybody, in order to tarnish the reputation of an eminent person or seek revenge, might come up witha concocted story and make the life of the person miserable. Second, it is hard to believe that the said intern is incapacitated by a lack of knowledge, resources and procedure. Therefore, taking the high moral ground by raising her voice now and speaking for wider good defies logic. Even in this case too, a bad precedent will be set if the victim intends making a statement and not pursuing it further. Justice Ganguly will end up being socially tainted without getting an opportunity to present his side of the story. This again defies the law of natural justice. Arunay Kumar, New Delhi Significance of Dec. 6 December 6 has passed, a grim reminder that Indian secularism and democracy were destroyed that day in 1992. Anti-secular elements brought down the Babri Masjid as the BJP was in power in Uttar Pradesh and a friendly Prime Minister, P.V. Narasimha Rao, was not prepared to act. Some months before the demolition, he reportedly told The IndianExpress inaninterview: “I canfight the BJP but not Lord Rama.” And he mistook these anti-secular elements to be the messengers of Lord Ram. It is interesting that in its zeal to derive political mileage, the BJP completely destroyed Hinduismitself and led the masses into believing that it serves the cause of Lord Ram. Years after 1992, much water has flowed down the Ganga while those anti-secular elements who brought down the Babri Masjid still roam free. Some have been provided security at the cost of ensuring the well-being of the poor. Arif M., Palakkad LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. I f the central message of the need for more toilets to stop open defecation in India got lost in the “more toilets than temples” controversy last year, the joint estimate for the year 2011 by the World Health Organization and UNICEF of the number of people who defecate in the open is yet another reminder of why the country has to address this issue on a war-footing. In the absence of toilets, more than 620 million people, or over half of India’s population, are forced to practise open defecation. This is yet another development index where India’s extremely poor performance has ‘helped’ it retain the dubious distinction of having the most people in the world defe- cating in the open. That Bihar alone has a higher rate than any other country in the world to continue this practice speaks volumes of how much the country lags behind. While the government’s mission to rid the country of this practice by 2022 and 50 per cent of all gram panchayats by 2017 is laudable, it is an ambitious goal. For instance, if nearly 74 per cent did not have access to toilets in 1990, the figure declined to only about 50 per cent in 2011. Besides other countries, Bangladesh, Pakistan and Nepal have achieved the most improvement during 1990-2011. By reducing it from 32 per cent to 4 per cent during 1990-2011, Ban- gladesh has fared extremely well. The reduction has been about 50 per cent in the case of Nepal (84 to 43 per cent) and Pakistan (52 to 23 per cent) during the same period. But the rate of decline may accelerate in the years to come with the government increasing last year the amount to be spent for household toilets in rural areas from Rs.4,600 to Rs.10,000. Financial incentives alone cannot end or drastically reduce the percentage of people continuing with this practice. If other countries have achieved it, there is no reason why India cannot do it. The need to aggressively address the issue cannot be overemphasised as open defecation affects children, especially those below five, the most. This practice causes diarrhoea, one of the most common communicable diseases in India and a number one killer of young children. Frequent diar- rhoeal events result in under-nutrition. That explains why nearly 50 per cent of under-five children in rural areas are stunted, wasted and underweight. Children weakened by this disease are in turn more prone to opportunistic infections such as pneumonia. Now, a World Bank report released recently goes beyond the well known physical impact. It found a link between open defecation and reduced cognitive achievements. Shameful neglect CARTOONSCAPE http://jobsalerts.in CM YK BG-BG MONDAY, DECEMBER 9, 2013 10 THE HINDU MONDAY, DECEMBER 9, 2013 BANGALORE EDITORIAL F or the Congress, the humiliation in Delhi was more crushing than the defeats elsewhere. More ignominious than the failure to win Madhya Pradesh after two successive defeats and the fall of the Congress government in Rajasthan was the party’s miserable third-place finish in Delhi. The Congress trailed way behind the Aam Aadmi Party led by Arvind Kejriwal, which has made a sparkling debut. The close finish in Chhattisgarh was poor compensation for the total rout in the other three States. The party was left grappling with the long-term implications of having lost so much ground to the AAP in Delhi. The extraordinary rise of the AAP testified to the success of the team of activists led by Mr. Kejriwal in drawing new volunteers outside of the traditional political class who effectively channelled the sense of public disgust with mainstream parties. The four States together send 72 members to the Lok Sabha, and the Congress would now have to acknowledge that its principal rival, the Bharatiya Janata Party, is the front runner for the bigger battle in 2014. Yet, given that these four States were primarily sites of bipolar contests between the BJP and the Congress, this verdict cannot be construed as a “semi-final”, as some analysts are inclined to argue. First, the 2014 general election will take place on a larger canvas with more leading players such as the regional parties, and the verdict will reflect this complex interplay. This said, there is no denying that in the race to be the single largest party in the next Lok Sabha, the BJP is surely ahead. To attract potential allies, especially from among fence-sitting regional players and to forge seat- sharing agreements before the next election, it is essential to be seen as the party most likely to head the next government at the Centre. While the results certainly boost the BJP’s chances in 2014, it would be premature to read these as an unqualified endorsement of the party’s Hindutva brand of politics. For instance, Shivraj Singh Chouhan, the star performer of the party and a charismatic leader in his own right, has led the BJP to victory in Madhya Pradesh for the second time. He sought a renewed mandate on the basis of his development schemes and welfare projects and has evidently suc- ceeded. Likewise, in Chhattisgarh, the BJP under Ra- man Singh banked on food subsidies to win votes. In Rajasthan, the BJP rode on the strong anti-incumbency sentiment, bringing Vasundhara Raje back to another term in office. The Congress government under Ashok Gehlot failed miserably to make an impact; the development work in the State was uneven, and some of the populist schemes did not reach all the intended beneficiaries. In Delhi, the AAP ran a high- voltage campaign against corruption and the established political class, but the principal beneficiary of the anti-Congress wave was the BJP, which too kept the focus on corruption and rising prices. If the BJP is seeking to sharpen the ideological divide over secularism by nominating Narendra Modi as its prime ministerial candidate ahead of the Assembly elections, there is little evidence from this round of elections that such a strategy will deliver guaranteed victories on the ground. Mr. Modi was omnipresent as the BJP’s face, yet the campaign stars were clearly the local leaders, and the issues dominant in the election discourse were livelihood and social security concerns. There is no denying that Mr. Modi has injected some vigour into the BJP’s election strategy with his aggressive campaign style. The Gujarat strongman has expanded his sphere of influence well beyond his home State in the months since he was elevated to the national stage as the BJP’s prime ministerial candidate. Even among those who disagree with his polarising politics are those who appreciate his decisiveness, and his pro-growth measures and relatively corruption- free governance in Gujarat. If anything, Mr. Modi has also been under pressure to reinvent himself as a mass leader showcasing a development-oriented agenda. Given the apparent ineffectiveness of an enfeebled Prime Minister Manmohan Singh, the Gujarat Chief Minister has managed to present himself as a national alternative who can carry his party with him on all important issues. There is as yet no exact measure of the Modi effect in the Assembly elections. What is certain is that the new political energy that Mr. Modi has brought into the BJP’s national election campaign would be a consolidating factor at the national level. In sum, while the four States are not representative of the rest of India, they offer strong indications of the trend of public opinion in major States of the Hindi heartland. In some of the other States, the Congress is pitted against regional or Left parties, and not directly against the BJP. In some others, the regional parties are the main players with little or no role for either the Congress or the BJP. After two terms in government, and a series of scams that led to the resignation of Ministers, the Congress-led UPA is likely to lose seats to the BJP and other parties in the next election. Just as the BJP could not have gained critical mass by relying on Hindutva alone, the Congress cannot hope to continue to win votes by merely targeting the BJP’s communally divisive agenda. Building election planks on scare scenarios too can offer only limited purchase. Whether it is the Congress or the BJP, the message that the voters appear to be sending to the political class is that the party which does not have a credible agenda for governance and development, is likely to perish. The rise of the Aam Aadmi party also signals public alienation from traditional political parties which appear increasingly disconnected from people’s aspirations and expectations. The rout of the Congress T he results of the four State Assemb- ly elections conducted in Novem- ber-December 2013 in northern India confirmone thing: the political marketplace has downgraded Congress stock to junk status. The clear message from tens of millions of voters to the party ruling at the Centre is ‘get prepared to be in the Oppositionfor quite a stretch’. The Bharatiya Janata Party’s sweep of the two largest States, Madhya Pradesh and Rajasthan, is significant but its cup of joy is not quite full. While a sterling performance by a fresh- faced debutant, the AamAadmi Party (AAP), has denied it outright victory in Delhi, the knife-edge contest inChhattisgarhhas raised some awkward questions. These questions revolve round how the people of the State, which witnessed the shocking liquidation by extremists of the Congress’s top State leadership in May 2013, feel about governance, security, and the Raman Singh government’s accountability for a grave security failure. AAP’s performance The humbling of the Congress and the BJP’s surge in this round have been along expected lines, more or less, but the AAP’s performance has been way beyond general expectations. In fact, as far as political perceptions and portents go, it would not be much of an exaggeration to say that Arvind Kejriwal’s team of dedicated campaigners and contestants in Delhi have stolen the limelight from the architects of the BJP’s sweep of Rajasthan and Madhya Pradesh. This time the opinion, exit, and post polls can claim to have been on the right side of the popular mood and the electoral trends. How- ever, the vote share estimates and seat fore- casts (which have varied significantly and, in the case of Delhi, wildly) have been off in varying degrees, with virtually all the polls grossly underestimating the AAP. Hindutva spokespersons have depicted the latest Assembly contests as a ‘semi-final’ in which the winner’s form portends an overpowering victory in the ‘finals’ that will be played in April-May 2014. The problemwith the analogy is that the guaranteed winner of the other semi-final, which will be played in virtual space, is a constellation of regional and some other non-BJP, non-Congress players, and the finals will be played by three contestants under differential rules — with the two semi-final winners each able to play on only part of the pitch and only the guaranteed loser in a position to play on the whole pitch, more or less. So how is the contest shaping up for the big prize? Before we can answer this challenging question, we need to figure out some kind of basic explanatory insight into what has happened in the nine States where Assembly elections have been held in 2013 and what the outcomes add up to, quantitatively and qualitatively. The short answer to the first sub-question, based on what we can learn from the information provided by the opinion, exit, and post polls and also from journalistic reportage, is this. The price rise, the relentless pressures on livelihood and living standards, and corruption have figured high among voter concerns, and onthese sensitive issues the big loser is the Congress and the United Progressive Alliance government, which has been thoroughly discredited and has clearly overstayed its welcome. As for what the 2013 Assembly election outcomes add up to, it is interesting that five of these States, four in the north and Karna- taka in the south, aggregate a hundred Lok Sabha seats, while the other four, all in the north-east, make up a combined total of six seats. So this is not quite political India: in fact, the State Assembly contests won and lost in2013 translate to less thana fifth of the composition of the Lok Sabha. Secondly, if a trend favouring the BJP can be detected in the northern States that have gone to the polls this year, it is countered by what has happened in the south, signifying the reality that the party that speaks and functions in the name of ‘Hindu nationalism’, or majoritarianism, is not quite a national party in the sense it does not have a serious electoral presence in a large part of India. It is surely significant that these no-go regions cumu- latively elect about 250 members to the Lok Sabha, which means the victor of this ‘semi- final’ will go to the ‘finals’ knowing it can play on just one-half of the pitch. And one does not need political punditry to realise that electoral victory and defeat is made by several factors, local, regional, and national, and any analysis that reduces the diversity and complexity of India’s electoral game toone or two factors will be wrong-headed and deluded. This leads us to the question whether any ‘wave’ — a decisive and overpowering swing in the voter mood — can be detected across the country in favour of any one party or leader. The questionis not irrelevant because historically there have been such electoral waves in India, notably in 1971, 1977, and 1984, under very different sets of circumstances. Modi partisans would of course say ‘yes’. But the evidence-based answer seems to be that while his prime ministerial candi- dacy has gained traction and momentumand has significantly strengthened the electoral stockof his party, there is no‘Modi wave’ that the BJPand its National Democratic Alliance partners can ride straight to power at the Centre. Need for allies Everything points to the BJP emerging as the single largest party, by some distance, in the sixteenthLok Sabha. The Congress, some pollsters speculate, could be reduced to half its present strength of 206. The regional, Left, and other non-Congress, non-BJP parties and independents are likely to make up a sizeable proportion of the next Lok Sabha, well above the UPA’s total strength. So what is the threshold from which a Modi-led BJP could bid aggressively to forma government? Given the overall political picture, it needs to be well over 200Lok Sabha seats for the NDA — which after all is a shadow of the alliance it was when Atal Bihari Vajpayee, a much more acceptable political leader than Mr. Modi, spearheaded it to power in 1998 and 1999. The essential political truth is that notwithstanding his present avatar as ‘Vikas Pu- rush’, the Man of Development, Mr. Modi does not attract allies; he repels erstwhile allies and also potential allies. It is well established that he is a highly polarising and divisive figure, with a special notoriety rooted in his and his government’s role in the 2002 Gujarat pogrom. Interestingly, India’s newspapers and news television channels have, by and large, maintained the necessary professional distance in reporting the Modi campaign. But what they have also done is to keep the focus on the deeply troubling path he has taken to the national stage — and on what this portends for secular and democratic governance. That this essential political truth has had an impact even at the top leadership levels of the BJP was evidenced by Lal Krishna Ad- vani’s revolt against the installation of Mr. Modi, first as the BJP’s election campaign chief, and thenas its prime ministerial candidate. Instant media analysis might have concluded that the BJP’s pre-eminent ideologue and strategist was deeply offended because he was overlooked for the top job but that reading is both shallow and simple-minded. The more likely explanation is that Mr. Ad- vani, with his long institutional memory, is disturbed by what lies in store for both the party and the Parivar — given Mr. Modi’s political notoriety, which, among other things, repels potential BJP allies. All this suggests that the BJP, although assured of its single largest party status, will not go into the mid-2014 ‘finals’ as the favourite, in any event not the overwhelming favourite. Interesting political moves are on, for example, the Congress’s reported attempt to strike a deal withthe BahujanSamaj Party, the alliance manoeuvres in Bihar, not to mention the Telangana drama that lies ahead, that could make a difference on the ground. It is quite conceivable, even likely, that a post-poll combination of triumphant regional parties will, with external support from the Congress and the Left, be able to formthe next government. The not-quite ‘semi-final’ and what it portends N. Ram Everything now points to the BJP emerging as the single largest party, by some distance, in the sixteenth Lok Sabha. But the Modi-led alliance will not go into the mid-2014 ‘finals’ as the favourite, in any event not the overwhelming favourite. Winds of change That the Congress has suffered a drubbing in Delhi and Rajasthan will lead to much soul-searching within the party. It must also examine why its electoral pitch of pro-poor policies didn’t attract many takers. The party now has a few months left if it is to get its act together. While it is still not clear whether the “Modi factor” is working for the BJP, for the Congress, Ms Sonia Gandhi and Mr. Rahul Gandhi will have to effect drastic midcourse correction to their campaign style and substance to convince voters. D.B.N. Murthy, Bangalore The impressive debut of the Aam Aadmi Party (AAP)in the Delhi Assembly elections is not only its victory but that of the commonman as well who is fed up with misrule at the Centre. That it has managed to register its presence is bound to send termors within the Congress. Ajay S. Kumar, Thiruvananthapuram The thumbs upfor the AAPis a clear indication that India offers political space for an alternative political grouping even if there are giant national parties. The possible alternative grouping will now have the capacity to address the angst of the average citizen who is weighed under the burden of price rise, governmental apathy and a sense of general despair. Let us hope that the AAP will now inspire political alternatives in every State. C. John Rose, Kanyakumari While it is evident that the Congress is losing ground, the BJPmay not be gaining equally even if one considers the Modi factor. The Delhi results indicate that people are yet undecided, which shows how difficult it still is to predict voter behaviour in our democracy. Varanasi Gopalakrishnan, Chennai The lacklustre performance of UPA-II is crystal clear. What is a shocker for the Congress is that its attempt to use development as a plank didn’t save it this time. The Modi factor is going to be hard to ignore in the days to come. These results are only a sample of what is to come in 2014. K.M. Lakshmana Rao, Visakhapatnam The results show that the “hand” is not clean. The verdict in Delhi has revealed that youngsters cannot be ignored as they have not hesitated to speak out against corruption, price rise and nepotism. E. Rajakumar Arulanandham, Palayamkottai . The people are looking for an alternative to both national parties. In many States, there are no alternatives to existing parties. As inDelhi, we need a movement inthe other States. Instead of hiding behind the “anti-incumbency” screen, the Congress and others who have lost should now introspect and learn to build bridges to people, who are the backbone of democracy. S.A. Srinivasa Sarma, Hyderabad The Congress entered this race on the back foot as a limping economy cast its long shadow on the performance of UPA-II. The elections reflect this. In two- cornered contests, the sole beneficiary was the BJP, while the AAP has sent out a clear message about capturing the imagination of young India. One cannot rule out the emergence of a Third Front. R. Narayanan, Ghaziabad While the BJP has reasons to be pleased, the real credit goes to Anna Hazare and Arvind Kejriwal whose sustained campaigns exposed the scam-ridden Congress which clearly misjudged the mood of the people. Though the Congress must be credited for its efforts inbringing the RTI, RTE and MGNREGA, it never bothered to tackle mega-level graft. The parties which have won now should exercise caution as the verdicts are largely against corruption. R. Sridharan, Chennai Mandela’s legacy While Nelson Mandela has been compared to another apostle of peace, Mahatma Gandhi, there are some palpable differences between the two. Gandhiji’s satyagraha was respected to a great extent by the British as they believed in the concept of the rule of law. Mandela, who himself believed in peaceful methods, was a part of the African National Congress which did not believe in securing change by peaceful means — maybe with some justification. However, both were epoch-makers and saw the transformation, from shackled existence to freedom, take place in their lifetime. Jayaprakash Kallurkatte, Mysore I vividly remember reading a social studies chapter on Nelson Mandela in my childhood, but when I see the outpouring of grief all over the world over his passing, it only confirms my first impression of him that he was at least a million levels above us in terms of humanity and forgiveness. It is wrong to speak of the “death” of Mandela because such people never die. They live on inthe hearts of the people. His great deeds immortalised himlong ago. N. Venkata Sai Praveen, Chennai He was the guardian of his people, a man of vision, a freedom fighter who rejected violence. He set a personal example for his people in the long years he spent inprison. He was never arrogant. He worked to mend the tears in South African’s society and, with his character, managed to prevent outbursts of racial hatred. He will be remembered as the father of new South Africa and as an outstanding moral leader. Babita Aggrawat, New Delhi I once received a letter from the office of the Nelson Mandela Foundation in reply to my invitation to Mandela to visit my father’s residence in Thrissur when he came to India in 2003. Written by John Samuel, Chief Executive of the foundation, it said: “We acknowledge with gratitude receipt of your letter dated 04 July 2003 addressed to Mr. Mandela and apologise for the belated response to your correspondence. Please note that the contents of your letter have been noted.” Vinayachandran K.T., Kochi A shame It is truly disheartening to know that more than half the nation has to attend “nature’s call” in the most unhygienic conditions (editorial, Dec. 7). Health camps must be conducted especially in the rural areas to increase awareness on this unhygienic practice. It is shameful that when India is trying to unravel the mysteries of planet Mars, people across the country still have to go about their morning ablutions under the open sky. Nithya G. Nair, Thiruvananthapuram While the government seems to think it unimportant to construct more toilets, the neglect of existing public facilities is also a matter of concern. As a recent opinion article in The Hindu pointed out, India must study the success story of Indonesia in addressing this issue. Mihir Chhangani, Jodhpur In India, there is no concept of the sanitary aspect of life. People have been encouraged to carry out their ablutions in the open, the logic being that nature would take care of everything. Westernsystems are far more sensible and utilitarian in value and one hopes that things will improve soon. T. Santhanam, Chennai LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. CARTOONSCAPE http://jobsalerts.in CM YK BG-BG TUESDAY, DECEMBER 10, 2013 10 THE HINDU TUESDAY, DECEMBER 10, 2013 BANGALORE EDITORIAL T he denial by Nawaz Sharif of his “fourth war over Kashmir” remark, and his reiteration that problems with India have to be resolved through peaceful methods, came not a moment too soon. The Pakistan Prime Minister had been quoted as saying that “Kashmir is a flashpoint and can trigger a fourth war between the two nuclear powers at any time,” in his address to the “Azad Jammu and Kashmir Council” in Pakistan Occupied Kashmir. De- nying that he had ever made such a remark, his office put out a transcript of his speech that had no mention of the word war. This is the second time that Mr. Sharif has had to deny words attributed to him on India, the first when he was said to have made a personal remark against Prime Minister Manmohan Singh. It can only mean one of two things: either Mr. Sharif speaks without thinking through the impact of his words, only to regret it later; or what he says is deliberately distorted. Both have the same effect, of vitiating the already bad bilateral atmosphere. In this instance, the reported talk of war set off alarms in India, and was even seen in the context of the recent change at the top in the Pakistan Army. The normally unflappable Prime Min- ister Manmohan Singh, in the thick of election season, jumped in to respond with the remark that Pakistan would not be able to win a war against India “in my lifetime”. The episode has shown up Pakistan and India in poor light for their inability to act like mature nations, falling back instead on vocabulary more typical of quarrelsome people trying to settle scores. Prime Minister Sharif was right to point out that Kashmir is a key issue in the list of problems between the two countries. A resolution to the issue was close in 2006. Mr. Sharif would do well to examine dispassion- ately the merits of the Musharraf-era proposals despite the bad history between him and Pakistan’s former military ruler. This and the host of other issues, including Siachen, should be reason enough for the two countries to get back to the negotiating table quickly. But inexplicably, even the simple directive by the two Prime Ministers at their September meeting in New York asking their militaries to take steps to strengthen the ceasefire on the Line of Control has not been carried out. For Mr. Sharif, who both before and after his election made no secret of his desire to make peace with India, the time to take ownership of his government’s India policy is now, when his mandate is fresh. It would also help put the lid on anti-Pakistan rhetoric on the Indian side in the run-up to the 2014 elections, and prevent the atmosphere from worsening. Talk of war and peace I n late November, China announced that it now had anAir Defence Identifi- cation Zone (ADIZ) in the East China Sea. This development led to an immediate spiking of tensions withits neighbours, Japan, South Korea and Taiwan, as well as with the United States. In response, the United States sent two B-52 bombers into the air zone claimed by China. A couple of days later, Japan and South Korea followed suit, sending aircraft into the zone without informing the Chinese authorities. While the U.S. has now at least advised its passenger airlines to follow the rules of the Chinese ADIZ, Tokyo has explicitly refused to do so. For those bemused by China’s sudden announcement and the flurry of international attention that has accompanied it, here is a handy guide to the issue. What is an ADIZ? It’s a sectionof international airspace over which a country declares its right to identify aircraft, ostensibly to protect itself fromfor- eign threat. It’s a product of customary international law but it’s not jurisdictional. What happens once an ADIZ is established? A country would use radar to detect unexpected aircraft flying in the ADIZ and observe them. This would sort some, if not most, into the category of being unthreat- ening. Using radio, it would query those it was concerned about. The country may ask who they are and what they are doing. If they are not a security threat, that would be sufficient. If the country was still not sure, it would launch an aircraft to intercept and observe. The country would not have the authority to do anything else unless it thought the aircraft was a direct threat to the country. What’s the problem with China declaring an ADIZ? Well, the problem is that China’s ADIZ overlaps with the ADIZ that was created by the U.S. after World War-II and transferred to Japan in 1969. Japan sees this as an affront to its sovereignty. The bigger problem is that China’s ADIZ encompasses the Diaoyu/Senkaku islands claimed by both China and Japan. This is the first time an overlapping ADIZ has been declared in an area where there is a sovereignty dispute. As a result, with China monitoring the space, and the U.S. and China’s neighbours defying it, there is now an increased risk of either a deliberate or accidental incident involving military aircraft. Some are also concerned that China thinks the ADIZ will strengthen its claimover the Diaoyu/Senkaku islands. Is it Diaoyu or Senkaku? And what’s the history issue that crops up in every article? The Chinese call the islands Diaoyudao. The Japanese call them Senkaku. Impartial observers try to get both names in. The “history problem” (lishi wenti) as China terms it, refers to the history of Japanese colonialism in China. Japan, once a vassal state of imperial China, subjugated and humiliated the Chinese not once but twice in different periods of time —in the late 1800s, and again, in the 1930s. Japan’s domination and exploitation of China, along with the conquests of Western powers, falls under the “century of humiliation” (bainianguochi) inthe Chinese historical narrative. The Diaoyudao islands were considered lost during this period when Japan formally annexed them in 1895. The suffering at the hands of Japan was particularly shocking for China and the issue remains hugely sensitive, not just because Japan was considered an inferior vassal state at the beginning of this tumultuous period, but also because modernJapanis seenas unremorseful of the atrocities it inflicted on China. So why did China suddenly declare the ADIZ? Is it just about controlling Diaoyu/Senkaku? That depends on whom you talk to. Chi- nese foreign policy decision-making is highly opaque, soall anyone candois tospeculate and there have been a number of speculative theories. First, China could be redefining the status quo. China feels it has a right to an ADIZ to protect its sovereignty over both its territory as well as its claimed maritime spaces. After all, Japan has an ADIZ. Moreover, Japan’s ADIZcomes within130 km of China’s territory; therefore it’s only fair that China’s ADIZ extends to within 130 kmof Japan’s territory. Second, it could be a direct challenge to Japan’s administrationof Diaoyu/Senkaku. Japan has administrative control over the islands; this could be Chi- na’s attempt at a different kind of parallel control. Third, this could be not about Diaoyu/ Senkaku but rather about bigger maritime security issues in the East China Sea and asserting Chinese dominance. The New York Times quoted an unnamed adviser to President Obama saying, “It’s pretty clear this isn’t about the islands.” Fourth, it could be a combination of domestic political pressure from Chinese nationalists in the media and the PLA, and President Xi Jinping feeling his way into his new role. Japan is a domestic hot button issue and any move by the government that could be interpreted as pushback against Ja- pan would appeal to a small but highly vocal sectionof nationalists inthe media as well as the PLA, which tends to take stronger stances on Chinese territorial sovereignty than the Ministry of Foreign Affairs. That, combined with President Xi’s relatively new leadership, could be a way for himto consoli- date his authority. What does this mean for India? Well, hawks would immediately jump to the conclusion that China is more aggressive in its foreign policy, which does not bode well for its relations with India. Certainly, China’s announcement of the ADIZ was unexpected. It was done without any consultation with Japan and has thus been seen as very disrespectful. It has also been called unnecessary. Since the ADIZ is not jurisdictional, it makes no legal difference to Chi- na’s claimover Diaoyu/Senkaku. A more sober look, however, would take into account a few additional facts. First, many countries have an ADIZ and establishing one is not surprising initself. It’s possible the Chinese government did not realise that the establishment of the ADIZ would lead to this strong backlash. In their eyes, they were establishing parity with Japan, not needling it. Second, China backed off fromtheir initial terming of the ADIZ as “emergency defen- sive measures” and insisted that they just want notification from aircraft entering the airspace, and are not about to respond with force. Third, as The Diplomat pointed out, China is engaging in “lawfare” — using international institutions toachieve strategic goals. This is indicative of acceptance rather than the rejection of the current international order. Fourth, because China, like all other countries, has a right to an ADIZ, the ADIZ itself should not be the problem. Rather, China’s actions should be scrutinised. If Japanese planes flying towards Diaoyu/ Senkaku are intercepted on a regular basis, that would be more of an issue than the establishment of the ADIZitself, unexpected though it may have been. Last, unpalatable as this may be to the Indian power elite, given the focus on the “China threat”, India, currently at least, simply does not factor into China’s strategic priorities. China is intently focused on the United States. Implicitly, this may actually be a good thing, leading to maintenance of the status quo for the foreseeable future. (Manjari Chatterjee Miller is Assistant Professor of International Relations, Boston University, and author of Wronged by Em- pire: Post-Imperial Ideology and Foreign Policy in India and China.) Not just about the islands Manjari Chatterjee Miller China’s decision to have an Air Defence Identification Zone in the East China Sea could have more to do with bigger maritime security issues than with any dispute over islands administratively controlled by Japan Poll results That the election results of nine State Assemblies that went to the polls in 2013 cannot be deemed a semi-final and there is noNarendra Modi wave, has been eloquently portrayed by N. Ram in the article “The not-quite ‘semi-final’ and what it portends” (Dec. 9). The next government may indeed be formed by triumphant regional parties with outside support from the Congress and the Left, even if the BJP emerges the single largest party in 2014. The editorial, “The rout of the Congress,” also reinforces the importance of regional parties. But I do not agree that there is “relatively corruption- free governance in Gujarat,” considering the Modi government’s resistance to the appointment of a Lok Ayukta for years. R. Elangovan, Chennai We must thank Mr. Ram for an objective analysis. The likely scenario does seemto be that of the Left and regional parties (without Mamata Banerjee’s TMC) winning 150 seats in the Lok Sabha election and coming to power with the support of the Congress which may garner about 140 (+ or -15) seats. For the BJP to come to power; it will have to not only better the Congress’ tally but win 200 seats, which appears to be a pipe dream, Modi or no-Modi wave. However, we cannot rule out the possibility of Rahul Gandhi’s INC refurbishing itself on the aam aadmi plank between now and 2014, and surprising everyone. A.D. Vasudorairaj, Bangalore Mr. Ram’s article was a clinical analysis of the election results and their consequences in the forthcoming Lok Sabha elections. Both the major national parties — the BJPand the Congress — should do some introspection, re- strategise their moves and rethink their agendas if they want to emerge with a clear majority in the all-important 2014 election. The nation can ill-afford an unstable government at the Centre in the coming years. Rekha Chari Sairaman, Chennai The powerful ‘semi-final’ mandate against the Congress has important lessons for our political parties. Clearly, the modernIndian voter wants good governance and meaningful development. The Congress should have the humility to understand that it no longer enjoys the support of the majority. It should, therefore, put on hold its bombastic big-ticket election- oriented schemes like the Food Security Bill and Aadhaar, which place the entire economy under strain. B. Vinod Kumar, Bangalore True, the Assembly elections cannot be viewed as a rehearsal for the general election. It is the local leaders who play a larger role in shaping voters’ choice in the Assembly polls. Mr. Modi’s charm worked well but it was confined to the younger generation. It would be improper to attribute the BJP’s electoral success to himalone. K.V. Sandeep, Tirupati The results of the four State elections offer us a clue on which way the wind blows. However, it would be naïve to assume that the BJP has taken an unassailable lead over the Congress. Coalition politics, coupled with the fact that in the last two decades the national parties have steadily lost their vote share to their regional counterparts, show that a government at the Centre can be formed only with help of regional parties. We will have to wait and see how many regional satraps will flock to the NDA in the coming months. As for the Congress, it no longer sits on a bed of roses. With the Telangana issue snowballing and the party struggling to find a reliable ally in Tamil Nadu, its future is uncertain. Venkata Govindasamy, Chennai The people, who gave a massive mandate to the Congress in 2009, are fed up with UPA-II. The Aam Aadmi Party’s showing inDelhi has demonstrated that parties must abjure corruption, nepotism and indecision. Leaders must pay heed to this warning. Major Mathew Oommen (retd.), Pune It appears that the Congress has missed the bus. The corruption- tainted, scam-ridden, leaderless Congress seems determined to hand over power to the party and person it abhors. M. Riaz Hasan, Hyderabad The Congress alone is to blame for its defeat. The UPA government did not implement people- oriented policies effectively. Disrespect for the Prime Minister, lack of respect for Parliament, the use of the CBI to serve its ends, a spate of scandals… these are a few reasons that led to the party’s debacle. Y.R. Rao, Vijayawada Most of the poll surveys were right on the election outcome, except perhaps in Chhattisgarh. The common person in the four States was sure that he or she did not want the Congress back in power. The Modi factor too added extra flavour to the BJP’s election campaign. The results of the Assembly elections show that our democracy is going stronger by the day with the active participation of voters, and this is bound to have a big impact on next year’s general elections. It will be interesting to see how the Congress chalks out its plans to contain the BJP. J.P. Reddy, Nalgonda There is no doubt that the Modi wave swept the four States and halted the AAP in its journey to power in Delhi. It was so strong that it effectively countered the sympathy factor and the anti- incumbency spirit in Chhattisgarh. Regional parties will automatically veer around to Mr. Modi for a share in power. M. Ravi, Chennai AAP’s rise The people of Delhi have given both the BJP and the AAP a more or less equal mandate. The split verdict should be respected. As the largest single party, the BJPshould be invited to formthe government. The AAP should extend issue- based outside support. This way, the AAP will be able to participate in governance and give effect to some of its important electoral promises. Another election will be an expensive process, besides involving huge efforts by the Election Commission. Also, a re- election may throw up a similar fractured mandate again. S.N. Srinivasan, Bangalore The BJP and the AAP should have the nation’s interest uppermost on their agenda. They should come together to form a coalition government. This is an opportunity for the AAP to show how an efficient government can be run with zero tolerance for corruption. Another election will involve much expenditure, and there is notelling if the AAPwill get a mandate to rule Delhi by itself. S. Sundresan, Chennai The civil servant-turned- politician, Jayaprakash Narayan, established the Lok Satta Party in 2006 and won around 2 per cent of votes in Andhra Pradesh. The AAP is based on a similar ideology — of cleaning up politics and providing transparency in governance. One hopes more such parties will come up in future, with the support of the educated and the youth. Havish Madduri, Kankidapu The Delhi poll results have signalled that people can move away from the tradition of choosing their representatives from among only the BJP and the Congress. It is clear that elections can be won by grassroots-level parties. People want clean leaders who can understand the problems of the common man. The AAP’s victory has raised the hope that the day is not far when India will be free fromcorruption. Rajdeep Singh, Patiala Maoists should realise at least now that the ballot is more powerful than the bullet. People are not for violent means to achieve their ends. The AAP has integrated people with its ideology. A healthy democracy is about people’s power, earning their trust and working to their satisfaction. While Maoists collect “levies” to buy firearms to fight the system, the AAP collects “chanda” (donation) tobuy brooms to fight the system. If the experiment could succeed in a city, it can surely do so in villages too. Before trying to destroy any system, try to change it. Krishna Mohan, Ranchi LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. A fter the drubbing in the Assembly elections to four heartland States, a victory in the small northeastern State of Mizoram could not have been of much consolation for the Con- gress. But Mizoram needs the Congress more than the Congress needs Mizoram. For a State divided by tribal identities, where development is organically linked to Central funds, the Congress is in some ways both unifier and saviour. With their experience of long years of insurgency and counter-insurgency operations, the people of Mizoram often turn to the Congress for political stability and firm governance. Regional parties such as the Mizo National Front, which contested this election as a part of the Mizoram Democratic Alliance, have a large support base, but sometimes the dominant electoral issue goes beyond local affinities. With the Congress-led United Progressive Alliance in power at the Centre, Congress Chief Minister Lalthan- hawla must have found it easier to harness Central funds to development works. A victory for the Congress fits into a pattern. The Mizoram voter tends to give a party two terms in power. The Congress won in 1989 and 1993, while the MNF won the next two elections, in 1998 and 2003. And now, the Congress, which won big in 2008, has obtained another term in office. Interest- ingly, the Congress wins have coincided with the periods the party was in power at the Centre. In 1998 and 2003, when governments led by the BJP were in power at the Centre, the MNF was the victor. Many of the larger issues that Mizoram faces are common to other northeastern States. The long-pending demands for reworking of Centre-State relations and for greater autonomy for the States will not go away no matter which party is in power. While the Congress is unwilling to make concessions on these issues, the regional parties have little or no clout at the Centre to push for major changes. Local Congress chieftains in the northeastern States are happy with the relative autonomy they are granted by the party high command, and will not press hard on subjects where the Centre is unlikely to give in. The North-East Regional Political Front, formed recently by ten regional parties including the MNF, to protect the “territorial, cultural, social, political and economic rights” of the people of the region, could perhaps bring more pressure to bear on the Centre on such issues. Poor transport and communication facilities have so far kept this hill State economically backward. Given the relative peace and quiet in Mizoram after the end of the insurgency, Mizos can now look forward to greater investment in infrastructure to boost to the economy. Small consolation CARTOONSCAPE http://jobsalerts.in CM YK BG-BG WEDNESDAY, DECEMBER 11, 2013 12 THE HINDU WEDNESDAY, DECEMBER 11, 2013 BANGALORE EDITORIAL T he Aam Aadmi Party has creditably been un- swerving in its refusal to accept offers of support from the major political parties, the Congress and the Bharatiya Janata Party, to form the next government in Delhi. By staying true to his pledge not to support either party in the event of a hung Assembly in Delhi, AAP convener Arvind Kej- riwal has shown himself to be a person of principles. He has acknowledged that the mandate for his fledgling formation reflected public faith in the AAP’s platform. Sunday’s fractured verdict placed Mr. Kejriwal on test and his challenge is to resist a continuing flow of in- ducements from the two other contenders. Having sold a dream to its voters with the promise of clean and principled politics, the AAP cannot afford the slightest misstep in this regard, risking the tremendous goodwill that has brought it so close to power. The AAP was born out of a social movement that tapped into public impa- tience with the politics of corruption and compromise. Anna Hazare who led the movement drew his credibility from being viewed as a renunciate with no self- interest, but only a deep and abiding commitment to cleanse the system. However, movements are by definition transient, and Team Anna crumbled in the face of the UPA Government’s intransigence on the Jan Lok- pal Bill which was at the core of the agitation. When Mr. Kejriwal parted ways with Anna Hazare, it appeared that the movement for political renewal was in serious jeopardy. Yet, if Mr. Kejriwal managed to change that moment of despair into one of hope, it was because he realised the futility of grandstanding from a distance and saw the need to transform the social stirring that drew upon so much idealism and hope, especially among the youth, into a live political battle with the entrenched mainstream political parties. The voter interest in the AAP was on account of its perceived idealism rather than the bagful of populist promises it offered. Mr. Kejriwal owes it to his voters — and the country at large — not to betray their faith in his party. It is important that the AAP sticks to its principled platform, the centrepiece of which was the passage of the Jan Lokpal Bill, intended to bring into existence an independent body which on the basis of complaints from the public could independently investigate corruption cases against political leaders and government officials. The AAP has said that it would sit in the opposition in the Delhi Assembly and not indulge in any “horse-trading”. It is vital now than ever before that the AAP keeps its word, if it intends to retain credibility in the long term. A principled course O ne year ago, India went into con- vulsions over the brutal gang rape of a young Delhi physio- therapy intern. She struggled to fight the odds, but suc- cumbed in the end. The young woman died against her own desperate wish to recover and live life fully and normally, without in any way feeling diminished for having been through the ordeal. With her exemplary courage and matter-of-fact defiance of the rape-victim stereotype, she became a metaphor for the new urban woman — independent, brave and determined to be her own person. Tragically, the political class was unable to absorb this message. Two days after the rape, Parliament debated the issue in pain- fully illiberal language, with several MPs holding that the young woman had been scarred for life. Sushma Swaraj, Leader of the Opposition in the Lok Sabha, lamented that rape victims could be counted “neither among the dead nor the living.” Fur- ther, she said, even if the young woman survived, she would live as a jeevit lash (living dead). Ironically, she was saying this of a woman who was still fighting to live. Two recent developments have returned the focus to women’s safety, their freedoms and the moral-social rules by which they still appear to be judged despite their own monumental struggles to break free. The debate that has followed has not just exposed the doublespeak of political parties on women’s rights, it has brought out the stark gap between elite talk and practice when it comes to feminine rights and liberties. The first of the two incidents concerns a young woman who was allegedly placed under surveillance for over a month in 2009 by the Gujarat government. The claim about the alleged surveillance was made by two web portals, Gulail and Co- brapost. They released audio recordings of alleged conversations between then Guj- arat Minister of State for Home Amit Shah and then Superintendent of Police with the State’s Anti-Terrorism Squad, G.L. Sing- hal. The conversations suggested that a range of state investigative agencies had been deployed to closely monitor the girl’s movements and tap her phones. The second incident relates to a complaint of sexual assault, since classified as rape, filed by a woman staff member of Tehelka against Tarun Tejpal, Editor-in- Chief and founder of the magazine. Admittedly, in both cases the full details are still to be known. In the alleged rape case, the legal process has started. In the other case, the Gujarat government has set up a Commission of Inquiry, the legitimacy of which has been questioned by legal experts. Nonetheless, some things are prima facie evident in both cases. Also, disturb- ingly, both cases reveal that at a fundamental level attitudes towards women have not changed. A woman complaining of sexual assault must have ‘easy morals.’ On the other hand, it is fair game to treat a woman as family property and do with her as the family pleases. Curiously, the news of the Gujarat inquiry commission came even as Bharatiya Janata Party spokespersons were stam- peding to dismiss the need for a probe into the alleged surveillance. The BJP said it was a case of protection and not surveillance because the 2009 monitoring was preceded by an “oral” request made by the woman’s father to Chief Minister Naren- dra Modi. The father had since made a “heart- rending” plea to be left alone, saying his daughter too was aware of the protection offered, the party said. It added: “Is it too much to ask that we respect the family?” The two cases are at once dissimilar and similar. In one instance, the alleged invasion was direct and physical. In the other, state actors allegedly monitored the private moments of a woman, who, notwithstanding the father’s letters, appears not to have known about it. The physical intrusion, constituting rape, is manifestly more grave. But the absence of physical hurt surely cannot lessen the sense of revulsion any woman placed under intrusive surveillance must feel. A woman is as much body as she is mind and soul. Monitoring her private moments is an affront to her dignity and self- respect, and as much is evident from the recent inclusion of stalking among sexual crimes. The reactions of the Congress and the BJP have been typically partisan in the two cases. The Congress fielded a powerful group of women functionaries to tear down the BJP’s defence of the ‘snooping’ case. They said the taped conversations produced by the web portals showed the woman had been ‘snooped upon’ and not protected. Yet, just a few days later, when the Tehelka case burst into the open, the same spokespersons held back their punches. Mr. Tejpal, who has been celebrated for his crusading journalism and advocacy of liberal feminism, went back on his own stated beliefs and values to defame the journalist who accused him of rape. His statement that she had “partied with elan” after the alleged rape constituted crude character assassination, not very different from the patriarchal judgments handed out in such cases. Indefensibly, Mr. Tejpal also tied the police case against him to his being a sharp critic of right-wing majoritarianism. The Congress should have confronted this frontally. Not only was Mr. Tejpal playing by outmoded rules on how women ought to behave, he was also claiming to be witch-hunted for his liberal-secular beliefs. This is spurious logic and should dis- comfit all those with genuine secular-pluralist convictions, including the Congress. Bringing ideology into the case also carries the preposterous suggestion that the Tehelka staffer acted with political motives. The BJP has been even more hypocritical. The party energetically batted for the Tehelka journalist, interpreting her complaint against Mr. Tejpal as a powerful blow for women’s rights. Party person Vi- jay Jolly, who defaced the walls of Tehelka managing-editor Shoma Chowdhury’s home, said he was protesting her failure to support the complainant. “I want women to find the courage to come out and com- plain,” he told a TV channel. In the surveillance case, the BJP has taken the opposite position, arguing that a woman’s family could decide what was good for her. The BJP has tied itself in knots in the surveillance case — changing its stand from the tapes not being reliable to ad- mitting that the woman was indeed monitored, even if only for her own good. It produced letters from the woman’s father to make the case that no probe was necessary since he and his daughter did not want one. Yet, the overwhelming concern for the father who had made a “heart-rending” appeal to be left alone disappeared once the Gujarat government set up a Commis- sion of Inquiry. The position changed from respecting the family’s wishes to applaud- ing the State government for having set up a probe. Writing in the context of attempts made to monitor his call records, Arun Jaitley said on April 17, 2013: “His [the citizen’s] right to privacy is an inherent aspect of his personal liberty. Interference in the right to privacy is an interference in his personal liberty by a process which is not fair, just or reasonable… In the case of an average citizen it [monitoring] can reflect on his relationships…” (source: BJP website). Taking a conflicting position in the surveillance case, Mr. Jaitley said no case could be made for breach of privacy because the woman and her father had not complained. Till today, the BJP has no answers as to why the entire state machinery was needed to protect the woman; why she needed to be protected even while in her own home; and why those protecting her were worried about her escaping their watch. The BJP’s Nirmala Sitharaman took an even more regressive line on a TV programme. She said India was not a “progressive, left-wing country” where a “woman after [the age of] 18 will speak for herself.” Further, questioning the family’s right to intervene on a woman’s behalf amounted to “hitting at the very value system which we in India hold dear.” It probably did not occur to Ms. Sitharaman that her logic was fully in consonance with the justice system followed by the khap panchayats. In yet another notable example, last week Union Minister Farooq Abdullah scored a 10 on 10 for insensitivity with his comment that he is scared to hire women as staff members lest he land up in jail. The December 2012 Delhi gang rape released the collective emotions of India’s women. The legion of women who took courage from that brave girl deserve better than the hypocrisies on offer today. (Email: [email protected]) Doublespeak on women’s rights Vidya Subrahmaniam The Congress and the BJP have taken hypocritical positions on the Tehelka sexual assault case and the alleged surveillance of a woman by the Gujarat government Not a ‘semi-final’ As rightly pointed out by N. Ram (“The not-quite ‘semi-final’ and what it portends,” Dec. 9), the election results of the four States should not be construed as being representative of the Lok Sabha polls in 2014. The Modi wave is confined to the Hindi belt. It can’t be expected to work in the southern States, where the regional parties have a strong base. Both the BJP and its prime ministerial candidate are stubborn in their belief in the Hindutva ideology, for which there will be few takers in the southern States. That said, the Congress should address in- fighting between rival groups. S. Nallasivan, Tirunelveli Mr. Modi cannot be brushed aside as a non-entity. The BJP’s performance in the four States is also due to his relentless efforts to make people understand what good governance is. C.N. Ramnath, Chennai If Mr. Modi cannot get allies, can the Congress retain its partners once Rahul Gandhi is declared the UPA’s prime ministerial candidate? A combination of regional parties, the Left, non-BJP and non- Congress parties getting more seats than others in the Lok Sabha is unlikely. How can the SP and the BSP or the Left and the TMC be on the same side? Praveen Belapurkar, Bangalore Congress’s rout The massive defeat of the Congress is the result of increased participation of people in elections. The rising middle class and youngsters who have suffered in the last few years voted honestly. This shows people’s anger over growing sycophancy, dynasty rule, inflation and poor governance. Harshal Shamrao Thakare, Aurangabad There seems to be a hasty rush to write off the Congress. It is true that the party has taken a severe beating, but its performance is certainly not the worst in its chequered history. Price rise, corruption, hasty enforcement of the food security law and the linking of Aadhaar to subsidies seem to have angered the average voter. It is now for the party to do some course correction before the Lok Sabha election. M. Ramankutty, Tripunithura AAP’s rise It is certainly a matter of satisfaction that the idealistic Aam Aadmi Party has fared so well in its very first election. It is inspiring to see youngsters like ex-NSG commando Surender Singh, who retired after he was injured during the 26/11 Mumbai attack, venturing into politics. All thanks to the AAP and Anna Hazare. Poornima Balasubramanian, Chennai The Delhi elections have now reinforced the meaning of ‘democracy’ — the supremacy of the people. Corruption during the last Commonwealth Games and the Delhi government’s reaction to the December 16 gang rape (among others) have not faded from people’s memory. It was indeed gratifying to see a one- year-old ‘broom’ sweeping away a government that ruled for 15 years. Chandni Dinakaran, Washington D.C. The Delhi Assembly election has catapulted the AAP, which offers an altogether new platform to the masses, to the centre stage. An amateur party, barely a year old, has accomplished the incredible feat of taking on both the Congress and the BJP successfully. The results show that the AAP has support across different sections. Its candidates have won from middle-class colonies as well as upper-class constituencies. The AAP’s election campaign showed that it is possible for parties to be transparent. For the first time, a party collected white and ethical money for politics, disclosed all forms of donations received, and refused any more once it achieved the target it had set . It also issued manifestos for every single constituency and meaningfully restored the old culture of door- to-door canvassing. The record turnout in the election and the popular support for a new political outfit indeed mark the beginning of a new era in Indian politics. Farzana Z. Khan, Nagpur The AAP has surpassed all estimates of how a nascent political party can perform in its first election. That said, the AAP is full of newcomers. It is thus vulnerable to failure if it does not go slow or learn the ropes. It will stand the AAP in good stead to support the BJP, participate in governance and learn how things really work. If it gets carried away by its success, it will surely make a laughing stock of itself. Niranjan Desai, Anandbagh The AAP’s victory is the result of people’s anger with the Congress and the careful selling of dreams, with an exaggerated and unrealistic manifesto. The support of the youth and funding of NRIs, who have been made to believe that the AAP will change everything overnight in Delhi, is the crucial factor that tilted the election results in its favour. The support for the AAP is metro- based and will not have any political impact except, maybe, in a few big cities. Now that it has started tasting power, it may not be long before it goes the way of other political parties. Israel K. Mani, The Nilgiris Now that the people of Delhi have given their verdict, it is clear that no party should come to power with the help of the Congress. While it would hurt people if the AAP joined hands with either the BJP or the Congress, a coalition of the BJP and the Congress would mean an intersection of conflicting ideologies. It would be interesting to see how the situation in Delhi develops in the coming days. Nithya G. Nair, Thiruvananthapuram We must give thanks to Arvind Kejriwal for making us realise that the aam aadmi can bring about a revolution at any time. That the AAP is firm, in spite of pressure, in its stand to not go in for an alliance with the BJP or any other party is heartening. Those who argue that a re-election would be expensive perhaps overlook the money involved in scams. The amount spent on a re-election can be considered a small token given for the fight for corruption- free governance. Kashish George, Kochi We have been seeing too much hype given to the AAP after the Delhi results. As per the vote share, it leads only in one seat. One more thing to understand is that the raise of the AAP was due to issues that mainly affected National Capital Region,which will affect hardly other regions. Manish Kulkarni, Bangalore Defining poverty Mr. Chapal Mehra’s views (“When the definition of poverty harms the poor,” Dec. 10) on how a misreading of poverty criteria harms the poor are thought- provoking. He has successfully analysed arbitrary definitions of poverty that prominent politicians and economists propagate. The poor have the fundamental right to survive, for which they require to exercise the right to work and earn with respect and dignity. The only way to eradicate poverty from India is to adopt Mahatma Gandhi's prescription of considering the village as a unit. Man Singh Deora, Panipat Everyone seems to talk about the economically weaker sections of society with great concern. Unfortunately, this is often done without any genuine concern to uplift the poor. Our leaders look at the people only as an electorate and not as citizens with the right to dignified living and also entitlements. No definition of poverty can ever help the poor unless there is a change in our leaders’ vision. C.R. Ananthanarayanan, Bangalore LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T he widespread exploitation of migrant labourers in Qatar threatens to undermine whatever prestige the country may have earned by winning the right to host the 2022 FIFA World Cup. In September this year, the Guardian had shone light on the deplorable treatment of contract labourers — mostly from the Indian subcontinent — engaged in World Cup-related construction projects. Since then, Amnesty International has meticulously documented serial violations of Qatar’s labour laws by private contractors. Migrant workers from Nepal, In- dia, Bangladesh and Sri Lanka are at the mercy of their Qatari employers, thanks to the harsh systems in place to check illegal immigration. Qatar’s “sponsorship” law designates private contractors as the custodians of their employees’ travel documents until they are issued a valid residence permit. Many migrant labourers are yet to receive their passports back. What is more, Qatari law requires the “sponsor” to issue supporting documents for an “exit visa”. Without workers’ unions to represent their case, access to justice for foreign labourers remains elusive. Amnesty’s report suggested many of them were yet to receive their salaries. While the Qatar 2022 Supreme Committee, the nodal agency for World Cup affairs, has acknowledged these reports, the country needs to ensure that its economic growth does not ride on the inhuman treatment of migrants. New Delhi would do well to express its concerns to Qatari officials about the plight of Indian labourers. For the most part, India has been restrained in its diplomatic overtures on labour-related issues in West Asia; this is not surprising since remittances from migrant labourers are the main source of income for hundreds of thousands of families back home. That New Delhi and Riyadh could coordinate their actions and successfully regularise the stay of most Indian labourers in Saudi Arabia ahead of the ‘Nitaqat’ deadline, however, suggests that such issues are eminently resolvable. India should consider its migrant workforce in West Asia as an asset rather than as a vulnerable constituency. Countries like Qatar and Saudi Arabia have sought to raise their profile by positioning themselves as global commercial hubs. In pursuit of this aim, they have invested considerably in infrastructure projects. Hosting the 2022 FIFA World Cup figures prominently in Qatar’s efforts to boost its marketability. Needless to say, Indian labour is very much in demand for the successful completion of these projects. The reports from the Guardian and Amnesty International serve as a reminder to West Asia that it cannot take migrant labour for granted. South Asian countries must insist their citizens are granted their rights and benefits as per international obligations. Woes of migrant labour CARTOONSCAPE http://jobsalerts.in CM YK BG-BG THURSDAY, DECEMBER 12, 2013 10 THE HINDU THURSDAY, DECEMBER 12, 2013 BANGALORE EDITORIAL T he Supreme Court’s retrograde decision to overturn the 2009 Delhi High Court verdict that decriminalised gay sex has enthroned medieval prejudice and dealt a body blow to liberal values and human rights. Through its path- breaking judgment in Naz Foundation, the Delhi High Court had laid the foundation for “reading down” and eventually amending Section 377 to decriminalise consensual sex among adults irrespective of gender. While the Union government too came around to the High Court’s view, a politically wary establishment left it to the Supreme Court to decide on the penal provision. In the result, Section 377 — which punishes “carnal intercourse against the order of nature” — is now back in force and hangs over the heads of lesbians, gays, bisexuals and transgenders (LGBT). It was Parliament’s prerogative to amend Section 377 in tune with the social circumstances, declared the court — in a show of restraint that is uncharacteristic of its attitude in recent times. The court has stepped in wherever the executive had failed and has not hesitated to read into the constitutionally enumerated fundamental rights to life and to equality an expansive set of human rights including the right to education, the right to work with dignity and the right of prisoners to humane treatment. That is all the more reason why it should not shy away from correcting a centuries-old law and an outdated mind-set that offend against basic rights and human dignity. Changes in law have come about both by legislation and through the judiciary’s constitutional interpretation. The Supreme Court bench has shut the door to the judicial route to bringing the law in line with fundamental human rights. It is strange that a decision involving a major constitutional issue and the hard- won rights of large sections of the socially oppressed should have been decided by a two-member bench rather than by a larger Constitutional Bench. Whether a judicial correction is still possible in the near future is a moot question. The legislative route to decriminalising gay sex would seem to be problematic in this election season both because the issue may not be accorded priority and also because it may be difficult to forge a political agreement. Barring a sudden dawning of a humane sense of fairness all around, Section 377 is here to stay in the medium term with all its horrific consequences. If harassment by law enforcement agencies drives sections of the LGBT community underground and makes them terrified of disclosing their orientation, it would have serious public health consequences as well, particularly in the fight against AIDS. Above all, it is a test of humane values, fairness and dignity in a society. It is important that institutions of the state acknowledge the importance of these values. A retrograde decision T he curtains have finally come down on the keenly fought As- sembly elections in five States, hyped as a semi-final before the 2014 general elections. Whether these are, politically speaking, a precursor to the general election to the Lok Sabha is debatable, but they certainly seem to be an in- dicator of a vociferous and, at times, vicious and vituperative campaigning to come. It can prove to be a testing time for the Election Commission of India, especially in implementing the Model Code of Con- duct (MCC). The MCC is a unique document that owes itself to the initiative of the political parties themselves. It all started way back in 1960, with the Kerala State administration taking the lead to evolve a Code of Conduct covering important aspects of electioneering. The EC circulated the document to all States for implementation during the 1962 general election with the consent of the political parties. Prior to the 1967 general election, initiatives were taken by the Chief Ministers in Kerala and West Bengal and Tamil Nadu. Uniquely, Tamil Nadu even had a standing committee of seven persons drawn from different political parties for overseeing the implementation of the code. Curbing misuse of funds, facilities Based on this experience, the EC prepared a document in the interests of free and fair elections, titled ‘An Appeal to Po- litical parties for observance of a Mini- mum Code of Conduct during the Election Propaganda’, that came to be called the Model Code of Conduct. Prior to the 1979 general election, a comprehensive MCC was put together by the EC, having, at the behest of political parties, an emphasis on curbs to be placed on ruling parties at the Centre and the States as serious concerns were voiced about ruling parties appropri- ating common facilities or misusing government machinery or funds. The EC revised and amplified the code in 1991 and thus was born the MCC in its present form. It should be said to the credit of the political parties that during the last five decades, they have largely abided by it. Blatant violations — deliberate and calculated — are now rare. Respect for the Code That parties respect the code is clear from the fact that a notice from the EC on any alleged violation elicits a prompt and well-deliberated reply. This is not to say that there have been no violations, subtle or otherwise. The parts of the MCC dealing with processions, meetings and poll- day conduct are now observed well by all contestants, though the admonition not to serve liquor seems to be more honoured in the breach than in the observance, especially on the night before the poll. In some places, the supply is spiced with cash of- ferings too. Restrictions on the use of public places for meetings, issue of advertisements ex- tolling themselves at the cost of the public exchequer, announcing new schemes, making grants from discretionary funds, making appointments in government departments or in public sector companies, and misusing public servants for party propaganda have been imposed on ruling party politicians, and these are generally adhered to. I was recently in two neighbouring countries for election observation and the contrast with our country could not have been more stark. In one country, army personnel were found campaigning for candidates of the party of a Minister in office. In another, the government headed by a contestant himself allegedly gave promo- tions to hundreds of army personnel on the eve of the poll. Such blatant acts that put a question mark on the fairness of an election are thankfully absent in India. In the few instances of violations by those at the highest level, the EC has not hesitated to come down with a heavy hand. A few years ago, when a Chief Minister of a northern State came in the State’s aircraft to Delhi along with Cabinet colleagues, seeking a change of election schedule after dates were announced, the EC directed him to deposit the cost of the travel in the State exchequer since the MCC was already in force and prohibited the use of- government transport including official aircraft to further the interests of the party in power. Another Chief Minister who used to travel in government aircraft to one district — ostensibly on official business — and from there go by private vehicles to the adjoining district to campaign, met with the same fate. In another State, the EC ordered replacing of a school textbook that had a picture that was the exact repli- ca of the ruling party’s symbol. Such instances of tangible violations can be dealt with easily. There are clear guidelines on campaign speeches where making references to the private life of a rival or mounting personal attacks are a strict no-no. However, the difficulty arises when campaigners indulge in some clever wordplay. When a turn of phrase, a metaphor, an idiom, a repartee or some rhetoric is called into question, the adjudication requires an understanding of the remark in its totality with an eye on the subtlety and nuance of the language and the expression. The very essence of a public speech, where the speakers wield the language with fines- se, drawing upon our rich repository of the epics, the puranas, mythology, folklore and fables, to thrust and parry, will be lost if objections raised — based on a literal meaning or, worse still, a transliteration into English or any other language — are heeded. It will not only do grave injustice to the speaker but such an approach will be open to ridicule and, for some, the fes- tival of democracy would then lose its ‘colour’. ‘Light touch’ The reference to the humble origins of an opponent can seem to be hitting below the belt but a consummate wordsmith can turn that into a compliment. By the same token, a reference to a person’s rich heritage can, by the clever use of a word that is not disrespectful, clearly convey the slight to the audience. A ‘pappu’ remark met with a ‘feku’ counter brings mirth to the fore. Speakers with a gift of the gab may pepper their speeches with such turns of phrase but if the MCC is invoked in such matters, it would be a case of wielding a sledgehammer to swat a fly. With sanitised speeches, the audiences would be poorer and the political discourse would not have gained either. The EC has to discriminate, or, in the words of The Hindu, has to resort to a ‘light touch’. It cannot be denied that the ordinary citizen feels a sense of déjà vu when after finding fault with the violators, in case after case, the EC lets them off with an advice or admonition leading to the perception that EC is ‘ineffective’ or ‘soft’. Many wonder at the very purpose of such an exercise. Suffice to say that if the violation is such as to attract any penal provisions of the Indian Penal Code or the Election Law, the EC does not resort to action under the MCC as a substitute to the action the violator is liable for under the relevant laws. It is exclusive of it. The MCC is mostly about the ‘perceived’ advantage and disadvantage disturbing a level playing field. It will serve no purpose to give it a statutory backing as swift action won’t be possible and conclu- sive proof would be difficult to present. It cannot however be gainsaid that instead of merely taking “serious note” or conveying “displeasure”, if the EC sets an example by serving a harsh counter-move in deserving cases, it will send the right signals. Other- wise, the perception of its being an eroded authority would, in the long run, make it difficult for the EC to enforce discipline among the contesting parties. At the IAS academy, in my time, the probationers who feared horse-riding would be taunted by a redoubtable ex- army riding instructor, “If you cannot control a horse, how will you control a district?” Politicians, like thoroughbred horses, can easily get the measure of the rider and a weak rider cannot remain on the saddle for long. The EC has to be both hard as ‘steel’ and soft as a ‘petal’, heeding the pithy Sanskrit exhor- tation, “Vajradapi Katorani, Mriduni Ku- sumadapi”. The EC has its task cut out in keeping the campaign discourse sane and lively given its role in enforcing the MCC. (The writer is a former Chief Election Commissioner of India) Neither too hard nor too soft N. Gopalaswami While the Election Commission should not allow the perception of its being an eroded authority that would make enforcing discipline among contesting parties difficult, it should also not lay itself open to ridicule by raising objections to clever wordplay by campaigners Section 377 The Supreme Court judgment striking down the Delhi High Court’s order on homosexual intercourse is regressive. It is surprising that the apex court seems not tohave takencognisance of the violation this ruling constitutes of Articles 14, 15 and 21. An individual’s sexual orientation is a personal matter and cannot be dictated or regulated by any institution or third party. Siddharth Samson, Chennai I welcome the court’s ruling deeming gay sex a criminal offence. The judiciary must uphold our society’s rules of morality, which have taken many centuries to mould. These have evolved over generations of trial and error. It is all very well for supporters of homosexuality to talk about fundamental rights and consensus, but the absence of moral rules will lead to chaos and anarchy. We must not misinterpret liberty as lawlessness. P. G .Mathew, Kochi With due respect to the apex court, the heavens will not fall if homosexuality were to be granted legal sanction. When sex is consensual, practised in private among adults, why should some people lose sleep over the matter? Such deviant behaviour and orientation is already very much prevalent. But such persons largely pursue their activities underground, fearing social stigma and public abuse should their preferences come out in the open. The court has put the ball in Parliament’s court, but the situation looks bleak. Hemant Kumar, Ambala Inthese liberalised times, people are increasingly speaking up for the rights of deviants instead of those who have turned refugees in their own country. The Supreme Court's order onSection377 comes as a breath of fresh air. The argument that 25 lakh persons in the country are “deviant” does not justify the demand for sanctifying this deviance. A.P.Govindankutty, Cheruthuruthy, Kerala “Natural, religious, cultural” are all ambiguous terms used by individuals to enforce their likes and dislikes on others arbitrarily. The court verdict criminalises homosexuality because it is “unnatural”. But how do you define this? Sexual orientation is not something that a person acquires wilfully. It is something that he or she gets by birth or through interactions with society. So, to deny him or her that sexual orientation is the actual “unnatural act”. Bipin T.V., Kerala The criminalisation of homosexuality is against the right to life as it includes one’s freedom to choose one’s life partner. It is an inviolable right of an individual to choose his partner for life. India needs to recognise gay rights. One must have a broad outlook to analyse the emerging trends and the transformation that society is going through. Homosexuality is a social reality since mythological times, and it has been accepted worldwide. India cannot pretend not to see the reality. Barkha Tamrakar, Raipur The stentorian chorus of self- certified activist groups and “progressive” intellectuals has drowned out the need for a deep analysis of the relationship between law and society. When the Delhi High Court held Section 377 invalid, neo-modernists celebrated the arrival of modern jurisprudence. They did not realise that the Indian Penal Code was not based on Manu’s Sastra but that of Macaulay, and there was nothing modern in the judicial dispensation. The courts cannot define, with the judicial authority they have, the virtues of social conduct. But they can enforce social contracts as defined by the law of the land. In this context, the Supreme Court has rightly done its job of holding Section 377 of the Indian Penal Code constitutionally valid. S. Vaidhyasubramaniam, Thanjavur Aamir’s interview Aamir Khan is right in asserting that cinema can be a tool for moral edutainment. The art-for-art’s- sake school may object and maintain that aesthetics is a pure experience that cannot be mixed up with any agenda. But the fact that there is a good audience for moral entertainers substantiates Aamir Khan’s proposition. Society is best served by artists who elevate and ennoble, rather than by those who merely entertain. T.K.S.Thathachari, Bangalore AAP’s stand Everyone in the country appreciates the performance of the AAP in the New Delhi elections. It is a welcome sign, but one should realise the importance of the elections. The AAP has a right to stick to its principles, but it must take the support of another party and forma government in Delhi. It cannot simply hold fast to the refrain that all parties are corrupt. The AAP should prove itself to be the better option by taking up the responsibility. This way, another round of elections in Delhi may be avoided. Kanagiri S. Prasad, Hyderabad The AAP’s principled stand has to be appreciated. It made its point very clear even before the polls. Had it been in a hurry to come to power, it would have yielded to the machinations of the Congress, whose principal aimis to block the Bharatiya Janata Party. The Congress has always been sitting on the back of one or the other party, threatening them by means of the CBI, or offering largesse, or delaying important bills like the women’s bill and the lokpal bill, claiming lack of consensus. The AAP has stuck to its guns. A.Ramanathan, Chennai The Congress refuses to understand the real reasons why people chose to vote it out of power and vote for the AAP, a newcomer. The people are tired of the massive corruption scandals, the ruling party’s continued protection of corrupt leaders to maintain vote banks, and playing politics with development. The Congress must do some deep introspection and not seek to regain power through the back door. Anandasubramanian C.P., Chennai Doublespeak A questioning woman, or a woman who chooses to apply her mind, makes some people uncomfortable. People are quick to take umbrage when the “modesty of a woman is outraged”, but have no qualms about belittling her. They see noharminit and consider it part of Darwinian Socialism. Ms. Subrahmanian is absolutely right (“Doublespeak onwomen’s rights,” Dec. 11) whenshe says, “A womanis as much body as she is mind and soul”. It is time we accord both these fundamental components the respect they deserve. Ashutosh Tripathi, Ghaziabad It is an irony that even women leaders of political parties ignore their responsibilities in protecting the women and their dignity. Politics and power appear to be more important for our leaders than the dignity of women and it is very unfortunate. A. Subbalakshmi, Bangalore LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T he sugar industry is in a mess, yet again, and it is apparent that lessons from the past are never learnt. A little over a year after the Rangarajan Committee, which went into the regulatory and business aspects of the industry sub- mitted its report, only a part of its sensible recommendations have been implemented. The crucial recommendation on revenue-sharing between sugarcane farmers and sugar mills has been ignored. The latest crisis could have been avoided if only the sugarcane producing States — especially Uttar Pradesh which accounts for the bulk of the sugarcane output — had implemented the recommendation and not gone ahead and announced their own prices for procurement by mills. The mills are in poor financial shape following a glut in the sugar market and the consequent slump in prices. The mills resisted the high State Ad- vised Price, and the ensuing standoff with farmers forced the Prime Minister to constitute a Group of Ministers headed by Agriculture Minister Sharad Pa- war which came out with a bailout package for them. The package includes interest-free loans adding up to Rs.7,500 crore with favourable repayment terms, restructuring of existing loans, incentives for the production of 4 million tonnes of raw sugar for exports, and doubling of ethanol blending in petrol to 10 per cent. Banks are unlikely to take kindly to the idea of a restructuring of sugar mills’ loans. The proposed increase in ethanol blending is meaningless given that even the existing 5 per cent blending is not happening due to disagreements over pricing. The support to mills is only to ensure that the politically important constituency of sugarcane farmers is kept happy with higher procurement prices irrespective of the market price of sugar. At the core of the problem is the practice of State governments setting cane prices. The SAP has been a political tool to find favour with the strong community of sugarcane farmers. What the latest crisis proves is that the political element has to be taken out of cane pricing as the lobbies are strong on both sides — farmers and the mills. The Rangarajan Committee recommended a 70:30 revenue-sharing mechanism between farmers and mills, taking into account revenues from the sale of sugar and also by-products such as molasses and bagasse. The States should adopt the Committee’s formula, which is not only transparent but has been arrived at after a study of the cost structures of sugarcane farming and sugar mills. The sugar imbroglio CARTOONSCAPE http://jobsalerts.in CM YK BG-BG FRIDAY, DECEMBER 13, 2013 10 THE HINDU FRIDAY, DECEMBER 13, 2013 BANGALORE EDITORIAL T he trade agreement reached in Bali last week- end has provided much-needed oxygen to a moribund World Trade Organisation. The WTO, founded in 1995, was fast fading into irrelevance what with countries forging bilateral trade pacts and powerful regional trade agreements, especially in the developed world. In the event, the first- ever trade agreement between the 159 member-countries of the WTO is a shot in the arm for multilateralism even as it keeps the agenda of the Doha Round alive. “We have put the world back into the WTO,” declared Roberto Azevedo, Director-General, and he could not have put it more eloquently. The agreement is designed to simplify customs procedures and lower trade barriers between countries. The International Chamber of Commerce has estimated that the Bali deal will cut trade costs by 10-15 per cent even as it adds an estimated $1 trillion to global trade. How realistic these numbers are will only be proved in the years ahead, but there is little doubt that global trade will get a significant boost from the Bali agreement. In a sense, the emergence of regional trade blocs which was seen as a threat to the WTO eventually proved to be its saviour as those countries left out from them, mainly emerging economies such as India, Brazil, South Africa and Rus- sia, realised the WTO was critical to their interests. The unyielding stance of India on protecting its farm subsidies which are set to increase following the enactment of the Food Security Act did cause some disquiet amongst the member-countries and at one stage seemed set to hold up an eventual agreement. The interim mechanism devised as a via media will allow India to continue with its agricultural support price programme undisturbed until a final solution is negotiated. A phase of tough and tricky negotiations is ahead for the country as it seeks to get its farm subsidy programme into the WTO framework; support from other developing countries with similar programmes is crucial here. Indeed, from a larger perspective, the agreement at Bali is just the beginning. A lot of hard work lies ahead for the WTO, and Mr. Azevedo has acknowledged this. Trade negotiators need to carry forward the positive momentum built up at Bali as they seek to push through the Doha Round agenda. This will not be easy though, as negotiators will have to contend with regional groupings such as the Trans-Pacific Part- nership, which involves the U.S., Japan and ten other Pacific Rim countries, and the powerful trans-Atlantic alliance between the U.S. and the European Union, negotiations for which are now on. Bali may have infused life into the WTO but its biggest battles lie ahead. A good start in Bali T he Constitution (120th Amend- ment) Bill, 2013, and the Judicial Appointments Commission Bill, 2013, seek to reform the appointment of High Court and Supreme Court judges by establishing a Judicial Appointments Commission (JAC). This significant opportunity to reform a vital part of the Indian legal systemmust not be lost tomisconceived rhetoric about the ‘independence of the judiciary’ and the ‘rule of law’ or the mistaken view that this measure simply pushes us back into past errors. A JAC that restores parity between the executive and judiciary in the judicial appointment process is constitutionally valid. However, the present proposal seriously misunderstands the minimumlevel of constitutional entrenchment of judicial appointment, as well as the optimal level of institutionalisationof the protocols and processes of appointment. Hence, Parliamentary deliberation must substantially modify these proposals for this reformto succeed. Before turning to our suggestions for reform, we first begin by addressing recent arguments that the rule of law, and the independence of the judiciary, necessarily means that the judiciary must have primacy among the constitutional institutions in the judicial appointment process. It is useful to note that this argument has a weak historical pedigree: at no point in the Constituent As- sembly Debates was such a proposition advanced. Ambedkar’s position In fact, while discussing the appointment of High Court Judges under Article 217 Dr. Ambedkar said: ‘With regard to the question of the concurrence of the Chief Justice, it seems to me that those who advocate that proposition seem to rely implicitly both on the impartiality of the Chief Justice and the soundness of his judgment. I personally feel no doubt that the Chief Justice is a very eminent person. But after all, the Chief Justice is a man with all the failings, all the sentiments and all the prejudices which we as common people have; and I think, to allow the Chief Justice practically a veto upon the appointment of judges is really totransfer the authority to the Chief Justice which we are not prepared to vest in the President or the Gov- ernment of the day. I therefore, think that that is also a dangerous proposition’. In 1982, Justice P.N. Bhagwati speaking for a majority in SP Gupta (1982) held that Arti- cle 124 and 217 provided the executive the power to appoint judges fettered by the need to consult with the Chief Justice. Moreover, while reviewing the arguments for judicial supremacy in this process he cautioned that ‘in cases of this kind… a considerable amount of passion has been injected into the arguments on both sides and sometimes passion may appear to lend strength to an argument, but, sitting as judges, we have to be careful to see that passion does not blind us to logic and predilections pervert proper interpretation of the constitutional provisions…We can always find some reason for bending the language of the Constitution to our will, if we want, but that would be rewriting the Consti- tution in the guise of interpretation.’ Un- mindful of his advice this is precisely what the court went on to do a decade later. In Supreme Court Advocates on Record Association (1993) the Court changed tack to conclude that the principle of separation of powers and the doctrine of basic structure requires that the Court, acting through the Chief Justice, must concur withevery judicial appointment. The Presidential Reference (1999) displaced the Chief Justice acting solo by allowing a view to emerge fromthe collective decision making among senior members of the judiciary through the collegium process. It is useful to highlight that the current method of appointment is only two decades old and was not provoked by the inter-institutional tussles of the Emergency period with which they are sometimes wrongly associated. Moreover, there is little evidence that the change in the appointment process in the last two decades has enabled the higher judiciary to become a forumfor principled rather than partisan decision-making or a meritocratic institution representative of India’s diversity. Hence, the current proposal is a timely interventionto reforma critical aspect of our constitution by paying attention to the first principles of constitutional design. Many constitutions adapt the principle of separation of powers to design an inter-institutional process to constitute the judiciary. These institutions operate as a check and balance to ensure that no single institution has an overweening influence on judicial composition. Two inter-institutional ar- rangements dominate contemporary constitutional design: the judiciary and executive acting inconcert (India and SouthAfrica) and the executive and legislature (Federal court and Supreme Court in the United States). Where two independent institutions collaborate to appoint the judiciary, protocols of consultation and concurrence have developed to shape this relationship. South African example In South Africa, the JAC integrates these protocols of institutional collaboration to in- fuse the appointments process with more transparency and accountability. The present proposal for constitutional reformis best understood as a shift fromthe model designed in the Constitution of India, 1950, where two independent institutions collaborate, towards the South African Constitution, 1996 where the JAC institutionalises this collaboration. By recasting the Indian debate in this fashion as a reiteration of the executive-judicial collaboration through a new institutional niche rather thana crisis about the rule of law we can acutely focus our attention on two key weaknesses of the current proposal: first, the lack of constitutional entrenchment and secondly, the inadequate specificity about the goals and operational processes of the JAC. In the current proposal, the composition of the JAC and the process of appointment are set out in the draft statute. This is similar to the Constitutional Reforms Act, 2005 in the United Kingdom. However, the Indian constitutional tradition departs from the UK by embracing a written constitution and hence reformto the process of judicial appointment through a JAC and the new appointment process must be entrenched through constitutional amendment to resemble sections 174, 175 and 178 of the South African Consti- tution, 1996. Unless the proposed Article 124 A is expanded to include the composition of the JAC and the process of appointment it will be opento abuse by temporary majorities in Parliament and therefore poses a threat to the rule of law. Secondly, we turn to the underspecified character of the proposed Amendment and Bill. They do not articulate the motivations for this major constitutional reform. To build bipartisan support and public confidence the draft Bills must articulate the goals of creating a competent, independent and socially diverse judiciary through a transparent and accountable process to select judges who uphold constitutional values and whose individual and institutional conduct is of the highest ethical standard. It is also unclear whether the JACis a selection or appointment body as the JAC shall ‘recommend’ persons to the President and Governor respectively. Is the head of the executive bound by this recommendation or may she exercise jurisdiction? It may be useful to clarify the scope of the discretion enjoyed by the executive — to appoint or not appoint — those recommended by the JAC. Section 174(4) of the South Afri- can Constitution, 1996 sets out a more elab- orate requirement that constrains the President’s discretion and mandates that she give reasons while accepting or rejecting a recommendation. Thirdly, as the JAC will be an important and new constitutional body the Amendment must specify in sufficient detail two areas of its work: the conduct of meetings, quorum and decision rules and the process of inviting applications, short-listing of candidates, in- terviews. Both processes should be transparent, open to the public and geared to achieve the goals of the appointment process. Finally, the Amendment must articulate the qualities necessary to be a judge of the higher courts in India. The South African Constitution mandates that that an “appro- priately qualified” and “fit and proper” person maybe appointed and that judges must reflect the racial and gender composition of the country. Similarly, the UK Constitutional Reforms Act, 2005 specifies that subject to the condition of merit and good character, the JAC is expected to encourage diversity in the range of persons selected. The draft Amendment must institute a meritocratic culture that is sensitive todiversity inthe higher judiciary to break the allegations that nepotism and kin- ship ties dominate the current appointment process. (Sudhir Krishnaswamy is founder-director and Rajgopal Saikumar is research associate at the Centre for Law and Policy Research, Bangalore) Recasting the appointments debate Sudhir Krishnaswamy & Rajgopal Saikumar In order to build bipartisan support and public confidence, the draft amendment must articulate the goals of creating a competent, independent and socially diverse judiciary that upholds constitutional values and ethical institutional and personal conduct Supreme Court order LGBT sex being seen as a penal offence has come about through the influence of the Church. It is unscientific to be hung up on phenomena such as homosexuality. If a man is born with a different sexual orientation, it is neither a sinnor his fault. They deserve sympathy and constitutional protection. A close reading of the Supreme Court verdict shows that it has by no means deemed gay sex wrong; it has only deferred to the government to make a law in favour of the LGBT. Clarance Miranda, Thiruvananthapuram Section 377 was brought in 150 years ago in consonance with the patriarchal family set-up. Lawmakers then termed any sexual activity beyond the man- woman relationship as “unnatural” and saw it as a worthless pursuit of pleasure that only results in the wastage of god- given energy meant exclusively for the creation of progeny. But the world today, including India, is not what it was. We need fair and practical laws that do not infringe on anyone’s rights. Section 377 appears to be totally unwelcome. Now that the ball is in the legislators’ domain, political leaders must step in, do the needful and deem 377 to be the “nonsense” that it is. Victor Frank A., Chennai Just because some people are accustomed to breathing through the mouth as against the nature- prescribed process of nasal inhalation, should we pass a law deeming the former practice illegal? Homosexuality is an exclusively private preference; why such a hue and cry over something so insignificant? We can do without breaking our heads over this when there are several other serious issues that need resolution on a priority basis. Sivamani Vasudevan, Chennai Ingesting food via the mouth is common and natural. If someone wishes to eat through the nose, it must be called unnatural as such a practice is a health hazard to the person. If this person insists that this risky mode of ingestion is a personal matter, he or she may independently go ahead and persist with it. But they cannot demand the constitution of a law to legalise the act. The Supreme Court’s verdict is a welcome move that supports the laws of nature. Zakaria Sultan, Riyadh Homosexuality is a perversion. Becoming more perverted and deviated from nature is no sign of progress; putting the legal foot down on such aberrations is not regressive. Permission to conduct such abhorrent behaviour cannot be claimed as a fundamental right; it does not even fall under the directive principles of state policy. It is a pity that such an indecent issue should have come up before the Supreme Court. As it is, all the TV shows and debates are nauseating. S.V. Krishna, Visakhapatnam It is quite ironical for the apex court, which has always played its primary role of final arbiter with great efficiency and left no stone unturned to protect the larger public interest, to have displayed such circumspection with regard to LGBT rights. Countries around the world are taking steps to legalise gay marriages. We, as a purportedly progressive and modern society, must not lag behind. We must initiate measures which hold the key to enabling the LGBT community to enjoy a dignified life. M. Jeyaram, Sholavandan Criticising the Supreme Court verdict or getting disheartened is not going to help the LGBT community. It is now for the legislature to thresh out the issue and provide the “deviants” legal protection by bringing about the required changes in the law. No one is against assuring a group of its rights; most people, though, are worried that none are lured into practising the abnormality as a fashion statement. However, the media’s severe resentment for the verdict causes one to suspect their secret affiliation to the aberration. A. Thirugnanasambantham, Coimbatore AAP in Delhi This is with reference to the story “Aam Aadmi Party gearing up for fresh elections” (December 12). It must be remembered that the Bharatiya Janata Party and the AAP both fought the election on the basis of the corruption and other shortcomings of the UPA government. Therefore, leaders of both the parties need to work out the modalities for forming a government and leave no chance for the promulgation of President’s Rule in New Delhi. Fresh elections is no solution for a fractured mandate. What is the guarantee that a single party will emerge with a clear mandate to rule the State, not to mention the strain an election will put on the exchequer. H.P.Murali, Bangalore Arvind Kejriwal’s interview is awe-inspiring. His confidence that he mustn’t err even unwittingly is convincing. But all depends upon how well he can keep his flock together in the face of the lure of power. His success in his endeavour is more important for politics than for his own party. D.V.G.Sankararao, Vizianagaram When the Congress party was accused of arrogance when it displayed reluctance to enter into a coalition with other parties, why is the same inhibition on the part of the AAP being called a “principled stand”? The AAP should respect the mandate of the people and form a government with Congress support and see that its promises to the people are fulfilled. Shying away from this seems to reveal their eagerness to be in the limelight but evade responsibility. After all, the Congress’s offer of support is unconditional, and if things do not work out they can always resign. Moreover, Mr. Kejriwal’s statement encouraging the Congress and the BJP to come togetherto form government displays his ignorance of political realities. Baikadi Suryanarayana Rao, Bangalore EC’s measures N. Gopalaswami’s article (“Neither too hard nor too soft”, December 12) offers a well-articulated and insightful perspective on the painstaking efforts taken by the Election Commission to curb malpractices and provide a level playing field among political parties over the years. Kudos to the EC on its role in ensuring free and fair elections. R. Sampath, Chennai Sugar imbroglio The failure to implement the C. Rangarajan Committee's notable recommendations on revenue- sharing has led to an avoidable confrontation between sugarcane farmers and mill owners. As the son of a sugarcane farmer, I still remember the day in 1978 when Deputy Chairman of the Planning Commission D.T. Lakdawala evaded ananswer tomy query as to why our planning is so ineffective to ensure fair returns to farmers When I met him later, Mr. Lakdawala was gracious enough to admit that an honest reply would have put the Centre, then led by the Janata Party, in a bind. M.V. Nagavender Rao, Hyderbad Fiscal discipline While Union Finance Minister P. Chidambaram asserts that efforts to reduce fiscal deficit would continue and feels gratified over signs of economic recovery, the common man is experiencing rising costs, unemployment and unsteady real wages. What is the measuring rod by which such a rosy picture is being painted about the situtation in our economy? A.G.Rajmohan, Anantapur LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T he political unrest in Thailand against a pop- ularly elected government is a clear sign that democracy is yet to fully take root in that country. Protestors, mainly belonging to the opposition Democrat Party, have besieged Bangkok for days demanding that the government resign. They are not willing to countenance Prime Minister Yingluck Shinawatra or her government even in a caretaker role until a mid-term election that she has announced for February 2014 in a desperate bid to quell the protests. In a sense, this is a continuation of a crisis that preceded the 2011 election. That election was held after a series of protests in 2010 against the royalist Democrat Party government by supporters of Thaksin Shina- watra, brother of the Prime Minister, who headed the government until 2006 when he was sent packing by the military. Ms. Yingluck led the Pheu Thai Party to a convincing victory in the election, winning well over half the seats in the 500-seat Parliament. The present bout of unrest began when the government tried to introduce an amnesty arrangement that would allow Mr. Thaksin, who fled the country to escape being tried on corruption charges, to return without fear of prosecution. Though the proposal was dropped, the leader of the present protests, Suthep Thaugsuban, Deputy Prime Minister in the previous Democrat Party government, has vowed to continue until power is handed over to non-elected councils. He resigned as an Opposi- tion member of Parliament to lead the protests. Other parliamentarians of the party have since resigned to join the protests. Clearly the DP wants to avenge its electoral defeat, in a manner not in keeping with its name. Indeed, with its supporters mainly Bangkok’s elites, its chances of winning are slim, while the PTP, whose supporters are drawn mainly from rural Thai- land and among the urban poor, may triumph again. Notwithstanding the criticism that she is her brother’s proxy, Ms. Yingluck has emerged as a leader in her own right in the last two years. While her government has made its share of mistakes, in the present crisis she has appeared in better light than the protestors. De- spite its stormy relationship with the PTP, the military has kept away from this new edition of Thailand’s political tug-of-war so far — even though the protestors openly sought its intervention, storming the Army headquarters demanding support. In a country where the military has carried out coups 18 times since the end of monarchical rule in 1938 and, as in Pakistan, has played a backroom role even in civilian dispensations, it cannot be ruled out as a player. If the impasse persists, it might still be called upon to play the arbiter. There will be no knowing then, where its role will end. Uncertainty in Thailand CARTOONSCAPE http://jobsalerts.in CM YK BG-BG SATURDAY, DECEMBER 14, 2013 12 THE HINDU SATURDAY, DECEMBER 14, 2013 BANGALORE EDITORIAL M uch of what Finance Minister P. Chidam- baram and RBI Governor Raghuram Rajan said at the Economic Conclave 2013 is not new. There is, however, a special contex- tual significance. It is for the first time after the recent State Assembly elections that top policymakers of the UPA government are seen reiterating the broad contours of the government’s economic agenda and policy goals. Considering that the Congress party heading the UPA lost heavily in the elections and faces an equally grim challenge in the general elections barely six months away, the purpose of such reiteration is not quite clear. At one level, it could be an appeal to the next government to maintain continuity in certain core areas of economic policy. That, however, assumes a certain degree of consensus among the leading political parties on key economic areas — which is not evident even now and is even less likely to be so after the elections. Mr. Chidambaram’s focus on achieving fiscal consolidation within a specified time-frame involves a number of difficult steps to cut expenditure and boost revenue. The former involves, among others, pruning subsidies and freeing controlled prices in the energy sector. These have always been politically difficult decisions and it is facile to assume that the next Finance Minister will find it any easier to undertake a course- correction. The level of economic growth is a crucial determinant of revenue collection. Unfortunately, GDP growth has been at a low ebb, struggling to reach a modest 5 per cent annual level. Inflation has remained a big worry over a long period. The governments of the day have paid a heavy political price on account of inflation — a point so very evident from the recent election results. Both the Cen- tre and the States need to act in unison to check negative trends. The UPA government’s track record in these crucial areas has not been particularly striking. The reason for articulating policy measures now is to reassure financial markets and overseas investors, who over the past few weeks have given their own verdicts on the Indian political situation. At least three major brokerages and a rating agency have given out the assessment that the present government will press ahead with populist policies. The stock markets zoomed to record highs after the election results were announced. Although the benchmark indices have since come down, the feeling in the markets remains to be that a BJP-led coalition will be good for them. Never mind that as on date the situation is very fluid and, equally relevant, the BJP’s economic agenda is still fuzzy. Premium on continuity I fthikar Chaudhary, who stepped down as Chief Justice of Pakistan on Wednesday, will go down in history as the first judge to challenge a military ruler successfully, and then to have spoilt it all by his relentless onslaught against a fledgling democratic government, its President and Prime Minister. Mr. Chaudhary’s epic term in office, which included more than a year under house arrest (a total of 60 judges were similarly detained at the same time) during the Musharraf regime, and saw the Su- preme Court make a comeback to assert its independence in unprecedented but controversial ways, embodies both the achievements and failures of Pakistan in this period. If his refusal to resign on a demand by the military ruler Pervez Musharraf in 2007 reflected the political aspirations of a nation and triggered a popular movement that heralded the return to democracy, the Supreme Court was also a willing instrument in a dubious move to ensnare Presi- dent Asif Ali Zardari in a case that pitted him directly against the military. Taking on politicians may have won Mr. Chaud- hary much popular approval, but it shone unflattering light on all of Pakistan’s systemic flaws and on how entrenched these are in the national psyche. Those who believed that the “black coat movement” — the long agitation by the country’s lawyers for the restoration of Mr. Chaudhary — would lead to positive systemic changes in Pakistan were disappointed. Indeed, sections of lawyers who participated in the movement were also among those who cheered the killer of Punjab Governor Salman Taseer in 2011 — he was shot down by his police bodyguard, who accused him of committing blasphe- my — when he was produced in court. The more progressive among the Chief Justic- e’s supporters in the bar gradually distanced themselves from him. Mr. Chaudhary leaves behind the complex legacy of an apex court that is more mindful of its role in upholding the Consti- tution than at any other time in its history, but continues to rely on jurisprudence flowing out of the infamous “doctrine of necessity” used by previous Supreme Courts to validate military rule. Under Mr. Chaudhary’s unapologetic activism, it also allowed itself to be turned into a court of both first and last resort. On any given day, Court Room 1 in the marble- and-granite Supreme Court building would be packed with petitioners ranging from widows fighting off land sharks, people wronged by bureaucrats, rape victims, transgenders, orphans, jailed children, even a Hindu father who wanted the court to restore to him his daughter who had eloped with a Muslim man. Theatrical proceedings The proceedings were never less than theatrical. Only some of these cases would reach conclusion, but Mr. Chaudhary never failed to assure the petitioners that justice would be done, calming the sobbing widow with consoling words and sending off the land shark with a stern warning. His tendency to take up cases suo motu based on newspaper or television reports, or on the basis of letters sent by petitioners, made him popular on the street, but saw the court pronounce on matters such as the fixing of prices of petrol and other essential commodities, or the appointment of officials. Some cases taken up by the court under Article 184 (3) of Pakistan’s Constitution, which permits the use of suo motu, did have a positive effect. It ensured punishment to paramilitary personnel who were caught on camera as they shot and killed an innocent civilian in Karachi in broad daylight. At the other extreme was the court’s decision to take action against a popular television host and actress who was caught at Islamabad airport with bot- tles of liquor but had talked her way out of being booked by the police. A people’s judge No intellectual, Mr. Chaudhary was a conservative at heart but surprisingly progressive at times, as when the court ruled to give transgenders recognition as a third sex. His unpredictability and brinkman- ship, combined with the desire to be seen as a “people’s judge” rather than as a jurist, stand out in the cases by which he will be most remembered. Until his last day in office, Mr. Chaud- hary pro-actively pursued the high-voltage “missing persons case”, on behalf of the families of people who had disappeared after being picked up and detained by Pa- kistani intelligence for suspected links to terrorists. His dramatic summons to top- ranking military officials heading the secret services, and his threats to slap contempt on them if they did not produce the missing persons, jolted the security establishment out of its comfort zone. Indeed, this is one of the reasons cited for Presi- dent Musharraf’s decision to remove him in 2007. Largely due to Mr. Chaudhary’s efforts, some of the missing persons were restored to their families, though critics would argue that he took up with less vigour the cause of hundreds of Baloch youth who went missing in the last decade. In 2012, he also pronounced on a long- dormant case on the money power that Pakistan’s powerful intelligence agencies brought to bear on elections and against elected governments, ruling that the 1990 polls were tainted by the ISI’s distribution of millions of rupees to select politicians. The judgment underlined that the military must not involve itself in politics. Dubious case But only a year before that, the Supreme Court was seen bending to please the Army in what came to be known as “memogate”, a dubious case brought against the government alleging that in the aftermath of the U.S operation in Abbottabad against Osa- ma bin Laden, President Asif Ali Zardari had made approaches for American help to prevent a military coup that he feared was in the offing. Some Pakistani commentators asked why the hyper-activist Mr. Chaudhary had not taken suo motu notice of Osama bin Laden’s long and illegal presence in Pakistani territory, wondering if he would question the security establishment for failing to detect him. Mr. Chaudhary also showed extraordinary zeal in reviving corruption cases against Mr. Zardari, holding that the immunity granted to him as the country’s President was not automatic. Controver- sially, the court convicted and ordered the arrest of Prime Minister Yusuf Raza Gilani on contempt charges for ignoring its order to write to Swiss authorities asking them to reopen specific cases against Mr. Zardari that had been closed under an amnesty ordered by President Musharraf. Earlier, in 2009, Mr. Chaudhary had set aside as unconstitutional the amnesty agreement reached between President Musharraf and Mr. Zardari’s wife and then leader of the Pakistan People’s Party Benazir Bhutto, months before her assassination in 2007. The man on the street saw him cracking down on corruption at the highest levels, but impartial observers saw overreach that was pitting the judiciary dangerously against the executive and Parliament. The episode raised fears of another intervention by the Army but despite the professed love for democracy, most sections of Pakis- tan, including its influential electronic media, cheered him on. Larger-than-life figure During his tumultuous term, Mr. Chaudhary, who was Pakistan’s longest serving Chief Justice, became a larger- than-life figure, and a historic era has ended with his departure. Few now remember that he was among the judges who vali- dated General Musharraf’s coup against Nawaz Sharif. Though some of the sheen came off after revelations that his son took favours from a property tycoon facing proceedings in the Supreme Court, Mr. Chaudhary has certainly left the judiciary stronger than when he took up office. In an environment fraught at the best of times, the challenge for Chief Justice Tas- saduq Jillani, who stepped into his prede- cessor’s big shoes on Thursday, will be to safeguard the Supreme Court’s independence, while bringing sobriety and judicial sophistication to its working to enable it to play its proper role in a democracy that is still taking root. A legacy of activism Nirupama Subramanian Ifthikar Chaudhary leaves behind a Supreme Court that is more mindful of its role in upholding the Constitution than at any other time in its history, but continues to rely on jurisprudence previously used to validate military rule Judicial appointments The article, “Recasting the appointments debate” (Edit page, Dec. 13), rightly points to the need to link the proposal for the formation of the Judicial Appointments Commission with the Constitution. The fate of the CBI vis-à-vis the decision of the Gauhati High Court is worth recalling. The article also suggests that the qualities needed for judges be specified. In the U.K., five core qualities are enumerated to decide the merit of a judge: these are intellectual capacity, personal qualities (integrity, independence, judgment, decisiveness, objectivity, ability and willingness to learn), an ability to understand and deal fairly with cases, authority, and communication skills and efficiency. Y.G. Chouksey, Pune AAP’s decision It is unfortunate that the Aam Aadmi Party is not trying to forma government. The party cannot even distinguish between begging for rights and claiming rights. The AAP must take the help of either the Bharatiya Janata Party or the Congress to forma government. Konark Nangia, Delhi In order to avoid President’s Rule and save the huge cost of another round of elections, the Congress can magnanimously surrender its eight seats to the BJP and the AAP to enable either of them to form a government. This gesture will help the party in the upcoming general elections. R. Vasu, Coimbatore It is clear that Delhi voters opted for the parties that are being headed by clean and proactive persons like Harsh Vardhan and Arvind Kejriwal. It is now the duty of these two parties, which promised clean administration, to sit together and run the government. All decisions taken must be in agreement with both the parties. Sitting in their own party offices and refusing to head the government because of a lack of majority will be catastrophic to both the BJP and the AAP. They will become victims of their own indecisiveness if they do not come up with an amicable solution and take up the challenge. A. Muralidhar, Vijayawada LGBT issues The Supreme Court verdict setting aside the Delhi High Court order decriminalising homosexual intercourse, shows how the majority tends to dictate terms to the minorities, whether in matters relating to religion, caste or sexual orientation. There is only one way out for the LGBT community. It should come together and emerge as a potential vote bank. It will then get the rights; nowadays, unfortunately, this is how politics works. Gaurav Chaudhary, Meerut The apex court’s judgment cannot be welcomed in a society which upholds social values and aspires to be modern. An amendment to Section 377 of the IndianPenal Code, intune withthe times, is the need of the hour, to ensure rights to the community. Albin George Thatha, Kothamangalam The cartoon (December 13), was heartening. If the world has ostensibly agreed that discrimination based on skin colour, which is not a matter of choice, is archaic, what stops it from taking cognisance of the fact that sexual orientation isn’t a choice either? Personal liberty is being made the scapegoat here, with a farcical argument of societal morality and decency. Sidharth K. Varma, Pandalam It is disheartening to see one group of human beings being discriminated against on the basis of their sexual orientation. If nature has not discriminated against them, why should the law criminalise consensual acts between adults of the same sex? The LGBT community should be given its space in an ever-evolving society. Sumeet Mahendra, New Delhi Many argue that homosexuality goes against nature’s will. Is it so? Let us just acknowledge that homosexuals are born with the natural tendency to prefer people of their own sex. If the rule is that opposite poles attract, every rule has an exception. Anjala A. Rehman, Bangalore The verdict spells trouble for the LGBT community, which is among the most vulnerable to sexually- transmitted diseases. Homosexuals will henceforth find it very embarrassing to seek medical assistance openly. The law is only pushing them to engage in unsafe sex. P. Laasya, Chittoor Criminalising homosexuality and calling it unnatural is not going to deter the gay community from its activities. The Supreme Court ruling is only going to marginalise the community further. It has upheld an archaic law. What is the rationale behind passing the onus to the legislature? Given the amount of legislative work that is pending before Parliament, the LGBT community can hardly rely on it for any respite. Ketan Anand, Kanpur Section 377 was incorporated 150 years ago. I did not hear any debate on the subject till the Delhi High Court’s judgment decriminalising gay sex. There is no need for panic or disappointment over the Supreme Court’s verdict; it has only restored what existed for 150 years. As rightly suggested by the Supreme Court, it is for the legislators to delete or modify the Section as they deemfit. K.P. Sanal Kumar, Chennai Western winds are fast sweeping across India, a land of saints and sages. We have already given the go-by to the long-cherished ethos of this great nation, by accommodating something that is unnatural and perverse, in the name of personal preference. The reported attempt by the UPA government to issue an ordinance to decriminalise homosexuality will be a shame. D. Vetha Roy, Lakshmipuram Needless brouhaha has been raised over the Supreme Court’s verdict on Section 377, giving the impression that India would lapse into ante-diluvian times if it is not amended soon. One cannot brush aside the views of groups that are against homosexuality. The government should call for a thorough debate on the issue, instead of merely succumbing to media pressure. It has more pressing problems like price rise and inflation to tackle instead of an issue affecting a group of individuals. A. Gajanana, Bangalore The controversy over the legality or otherwise of homosexuality is sending unwelcome messages to society at large. The impression being given is that it is okay to be gay. The other side of the argument is not being given a fair hearing. Homosexuality is but an acquired behaviour that is caused by peer pressure, low self-esteem, and so on. It is against family values. George Irimpan, Kozhikode Execution The execution of the Jamaat leader Abdul Quader Mollah in Bangladesh on Thursday has come as an instance of how the law is above religion. This should be a benchmarkinthe history of justice. We have seen many hate-mongers and politicians spraying venom against a particular community, and easily getting away with it. It has been a failure on our part to come down on such people. The emergence of religious politics has worsened the situation. Bangladesh has always been talked about in India for all the wrong reasons, but now it is time we learnt something from our neighbour. Roushan U. Alom, New Delhi LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T wo recent and successive bus accidents which led to the loss of more than 50 lives in charred vehicles, have yet again raised questions about standards and practices of bus body design. These unfortunate incidents not only bring forth a compelling sense of urgency to review the safety of public vehicles, but also expose the state’s inexplicable reluctance to implement regulatory measures. It is only in recent years that vehicle manufacturers in India have started to build buses on chassis specially designed for them. However, this shift has not necessarily translated into better design standards or practices. In 2001, the Automotive Research Association of India (ARAI), which felt that existing designs were hardly optimal and safe, published the Code of Practice for Bus Body Design and Approval. Unfortunately, the Central government, which requested the ARAI to develop this code, has not yet come up with an implementation date. Critical norms such as providing an adequate number of emergency exits with breakable safety glass, tools to force them open when needed, unhindered access passages for passengers to move, and minimum dimensions for doors, remain on paper. In the absence of legally enforceable norms, bus builders, it appears, continue to flout standards with impunity. The government has also failed to pursue another related regulation. In 2007, it notified an order to make accreditation of bus body builders mandatory. This order enabled the authorities to accredit fabricators according to their capabilities, such as availability of competent personnel and manufacturing facilities. It intended to ensure that only accredited operators were qualified to undertake specific aspects of fabrication and design. With the government failing to set any cut-off date, the process of accreditation never fully took off, and only a fraction of the fabricators have been assessed. Apart from faulty design, driver fatigue is a reason for accidents. Bus drivers often work long hours and transport operators fail to limit their work schedule to reasonable periods. When faced with a similar situation, the European Commission mandated that buses must adopt innovative measures such as digital tachographs that record speed, driving time, and rest periods of the driver. Inspectors regularly reviewed the data and enforced a better system. There is a lesson in this for India. Another concern is improper road alignment. Government studies show that many inter-city roads need redesigning to enhance safety. Industry and transport operators should adhere fully to safety standards — and the state should ensure they are enforced. Unsafe bus rides CARTOONSCAPE http://jobsalerts.in CM YK BG-BG MONDAY, DECEMBER 16, 2013 8 THE HINDU MONDAY, DECEMBER 16, 2013 BANGALORE EDITORIAL P resident Hamid Karzai’s visit to India, possibly his last before elections scheduled for April 2014, marks a critical moment in the development of the relationship between In- dia and the new Afghanistan born amid the bloodshed of 9/11. India has been a partner in the process, but Mr. Karzai came asking how much more it might be willing to do. In the spring, the International Security Assist- ance Force which has provided the backbone of the state since 2001 will begin to return home. Although there are substantial international aid commitments in place, Mr. Karzai has been seeking a reassurance that the country’s most trusted partners will stand by it if things go wrong. He received some comfort from Prime Minister Manmohan Singh. Following more than a year of deliberation, India has finally committed to providing Afghanistan with the military assistance it seeks under the Strategic Partnership Agreement binding the two allies. The assistance will, for now, be modest. Indian-made light helicopters will join Af- ghanistan’s fledgling air fleet, while its army will receive transport and logistics equipment. This comes on top of a substantial programme of civilian assistance. Indian engineers have, despite credible Taliban threats, brought the Salma hydro-electric dam near Herat to within a year of completion. Indian experts have been involved in setting up an agricultural university at Kandahar, which Afghans hope will prove an incubator to rebuild livelihoods across the troubled south. India provides over a thousand scholarships every year to Afghan university students, and is building its new Parliament building. Preliminary plans exist for iron ore mining at Hajigak. India’s investments, measured against overall international aid, are not huge. However, the reservoir of goodwill the assistance has generated is illustrated by the fact that all the competing presidential candidates in 2014 are vocal in their support for a deeper relationship. The reasons are rooted in history. Before 9/11, India, along with Iran and Russia, was at the heart of the small coalition of states which nurtured the struggle against the Pakistan-backed Taliban and al-Qaeda. India provided aid to the resistance. . India has clear interests in helping build a democratic Afghanistan. The alternative is the empowerment of jihadist organisations which threaten peace and stability in the region. For a decade now, India’s low-key partnership has piggy-backed on the western presence in Afghan- istan. The day may not be far, though, when India, with others, finds itself called on to do more. New Delhi must start considering the challenges that lie ahead. The Afghan challenge ahead T he Supreme Court, in its judgment in Suresh Kumar Koushal and another v. NAZ Foundation and others (Civil Appeal No. 10972 of 2013) upholding the constitutionality of Section 377 of the Indian Penal Code, has been widely perceived to have espoused a principle of judicial deference to Parlia- ment. This view has forced a shift of focus amongst gay activists and right-thinking citizens to the legislature, in the hope of corrective reform. In deferring to the will of Parliament in a matter that involves testing a statute against the touchstone of the Con- stitution, the Supreme Court was legally wrong and disingenuous, and seemingly allowed its personal ideological views to determine the interpretation of statutory law. The only silver lining which this otherwise woeful exercise of judicial decision-making provides is an opportunity to reconceptual- ise the Court in the public imagination, aligning it more closely to the reality of its present functioning rather than its erstwhile glory. Matter of constitutional law Three main constitutional questions confronted the Court in this case. First, whether Section 377 which criminalises “carnal intercourse against the order of nature” is discriminatory, thereby violating Article 14 of the Constitution; second, whether it violates the right of LGBT people to live with dignity, protected under Article 21 of the Constitution; third, whether criminalising private consensual acts between adults violates their right to privacy, also protected under Article 21 of the Constitution. The Court summarily dismissed the first constitutional challenge on the ground that those who indulge in carnal intercourse in the order of nature and against the order of nature constitute different classes. This is a wholly insufficient and unreasoned justification. Instead, the key question should have been whether such classification is reasonable, an issue that the Court did not address. Using an analogy, by the Court’s logic, because men and women constitute different classes it is permissible to say that only men will be allowed to be enrolled as advocates who can practise before the Su- preme Court, and not women. Such logic is as much absurd as it is incredible, coming fromthe Supreme Court of India — though not entirely surprising for those who closely follow the Court’s judgments. Again, with regard to the argument based on dignity of LGBT people under Article 21, the Court holds that the purported harassment faced on account of misuse of this provision by police officials is neither mandated nor condoned by the Section itself. This is sophistry as it conveniently ignores a central facet of leading a life with dignity, that is, not being criminalised for being oneself. As far as privacy is concerned, the Court’s treatment is frankly unintelligible. It merely cites a key Supreme Court precedent laying down a right to privacy but does not even attempt to apply the law to the facts of the case. A combination of inadequate justification, sophistry and a woeful non-application of mind makes the unfortunate conclusion inescapable that the judgment ultimately rests on a deep-seated prejudice shared by the two judges that has no place in a legal judgment. For a proper legal adjudication of the issues raised, it is imperative that a review petition is filed and taken up by the Court speedily. Not a case for deference Despite the questions in this case being squarely matters of constitutional law, an extraordinarily high degree of deference is shown by the Court to Parliament. This takes two forms — presuming constitutionality of the statute and suggesting that reform of the provision is the prerogative of Parliament, one that it has chosen not to exercise thus far. The former is unproblem- atic, an established principle of constitutional interpretation. The latter, however, is nothing short of judicial abdication of constitutional duty in the guise of deference. Deference as a principle refers to the attaching of different weights by courts to decisions of elected branches of government on grounds of legitimacy and competence. Widely used in common law jurisdictions, cases where courts defer to the government usually involve questions of government policy, or highly technical matters where the Court recognises its own limitations. Effective legal remedy Scarcely has it ever been accepted in a case concerning the fundamental rights of citizens. In fact, the European Court of Hu- man Rights in Smith and Grady, a case per- taining to the United Kingdom’s policy of discharge of homosexuals in the armed forces, not only struck down the policy but found the extent of deference shown by the domestic courts to be violative of the legal requirement of providing an “effective legal remedy” under Article 13 of the European Convention of Human Rights. At the same time, never has the fact of non-reform of a law by Parliament been a reason to defer to it. This is natural since the converse would lead to an absurd proposition where the mere existence of a law creates reason to defer to Parliament thereby rendering fu- tile the raisond’être of a Court as a counter- majoritarian institution. The Supreme Court, by referring to the fact that Parliament has chosen not to re- formthe law as a factor which must “guide [their] understanding of character, scope, ambit and import” of the provisions that squarely raise purported violations of fundamental rights, has used deference to shy away fromperforming its ownconstitution- al duty. Further, such usage is entirely disingenuous. The Court’s parting words in this case, “[n]otwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 of the IPC fromthe statute book”, are remarkable. Though in substance a platitude, given that Parliament can legislate on whichever issue it desires without any necessity for a judicial impri- matur, it is phrased as an extraordinary concession on the part of an all-powerful Court as if Parliament were its delegate. It hardly reflects the tone of a genuinely deferential Court. Re-engaging with the Court This judgment has understandably caused great dismay amongst LGBT activists and advocacy groups that use judicial intervention to redress grievances against minorities of all stripes in India. Though such dismay is entirely justifiable, the extent of outpouring of rage and grief stems in some measure from the belief that the Su- preme Court of India, as a respected judicial institution, would certainly rule in their favour. Sucha view, that the Court will always ‘do the right thing’, is unarguably a testament to the Court itself and its long history of rectitude and progressiveness. But over the last few years such a view has been largely based on a mythical view of the Supreme Court as an apolitical institution, acting when the recalcitrant political class fails to, saying the things that we want to hear. The widespread public support for the Court has thus been built on a combination of support for the result the Court reaches, as well as the nostalgia associated with the heady early days of public interest litigation, enshrined today inpopular perception of the Court in mainstreammedia. This judgment must lead to deep introspection with regard to this perception. For many years, those who follow the Court have, often privately, rued the abject dete- riorationof the quality of its judgments. But when a judgment so deficient in its reasoning and so sloppily formulated in a case of such magnitude is delivered, it must serve as a call to arms for all those in a position to critically engage with judicial decisions. Public criticism is the only real accountability device for an otherwise unaccount- able institution. It is imperative that the Court is taken to task, not only for this decision, but for all its other decisions whose results we might agree with as citizens, but whose reasoning is inexplicable at best and absurd at worst, using methods that violate every canon of judicial discipline. At the same time, it is equally imperative to see the Supreme Court of India, not on the basis of what it was meant to be by the framers of the Constitution or what it was in its early history, but what it has become today: an overtly political institution. On an everyday basis, the Court adjudi- cates legal and moral questions that affect the lives of millions of people, it makes value judgments, uses its discretion to fill gaps in the law, makes choices in preferring one argument over another. For too long we have refrained from asking the basis on which the Court comes to these conclusions, sanguine in the antiquated and artificial view of the Court comprising a few good, apolitical men. In upholding the constitutionality of Section 377 of the IPC, the Court has made a judgment that is value- laden and based on a particular worldview that many disagree with. By doing so, it has unarguably exercised a political choice. If it is legitimate for the Court to make such a choice, it is even more legitimate for citizens to ask: who will judge our judges? It is high time the Supreme Court reaps what it sows. (Arghya Sengupta is founder and re- searchdirector of the Vidhi Centre for Legal Policy, a New Delhi-based legal think-tank) The wrongness of deference Arghya Sengupta In upholding the constitutionality of Section 377 of the IPC the Supreme Court has made a judgment that is value-laden, based on a particular worldview that many disagree with Kejriwal’s conditions The 18 demands made by the Arvind Kejriwal-led Aam Aadmi Party, many of thempreposterous, make one wonder if the Congress is seeking its support to form the government in Delhi, and not the other way round. The party can prove itself only by taking a chance and forming the government. Otherwise, it will lose its sheen. The media may be dancing over its success now, but it can be equally unforgiving if the party shies away fromforming the government. The party must work for the long haul. One gets the impression that it does not have a plan or a strategy towards that end. M. Balakrishnan, Bangalore The AAP is being highly unrealistic in its demands. Their populist promises are impractical and difficult to implement. Let us urge themto formthe government and see how they bring these programmes to fruition. The true colour of the party will come to light then. Elangbam K.S., Shillong The conditions laid down by Arvind Kejriwal as conditions for accepting support to form the government in Delhi are welcome but utopian, given the present situation in the country. All those who have voted for this newly- formed party know the limitations of the conditions. A.J. Rangarajan, Chennai The AAP should form the government and introduce the Jan Lokpal Bill immediately after being sworn in. If the Bill is passed, it would be a major service to the people since it would bring down corruption. Any dithering by the party would be suicidal and make it vulnerable to criticism. Such a good opportunity may not come again for the AAP. If some other party passes the Bill, it will detract from the AAP’s credibility. Even if the government falls after passing the Bill, the AAP will still have gathered force by the next election. Vasudevan, Karnataka T.M. Krishna’s book The article “No caste, no creed, no gender” by T.M. Krishna (December 13) was disappointing to read. The author descends from lofty thoughts on imagination and creativity to issues of Brahmin domination and male chauvinism. The ‘Musician M.S.’ was never suppressed by the ‘Divine M.S.’. M.S. Subbulakshmi’s rendering of Kalyani or Kambhoji was sheer musical expertise. Her contemporary D.K. Pattammal was hailed not because of her Brahmin heritage, but because of her courage to break free from an oppressive environment that barred women from public spaces. The author confuses bhakti with religion. Of course, music and voice are inseparable. But I don’t understand why many Carnatic musicians, unlike Hindustani musicians, don’t place any sort of emphasis on voice culture. G. Padmanaban, Bangalore M.S. Subbulakshmi was a class apart; she was divine. The lyrics of her songs are pregnant with meaning. A performer of her class cannot be compared with anyone else, or described in terms of caste and creed. V. S. Sankaran, Secunderabad U.K. diplomat’s arrest The arrest and handcuffing of the Deputy Consul General of India, Devyani Khobragade, is yet another example of the indecent approach of the United States authorities towards Indian leaders and bureaucrats. This incident is reminiscent of Dr. Abdul Kalam’s frisking in 2011, again by the U.S. authorities. The sovereignty and respect of our nation cannot be belittled. The Indian government is not running at the mercy of any foreign country. This issue must be seriously dealt with by the Ministry of External Affairs. M. Xavier, Valliyur It is the duty of the Indian government to not only protect our Foreign Service personnel from shabby treatment overseas, but to thoroughly investigate independently if the allegations against Devyani Khobragade are true. The Indian government must take stringent action against foreign officers if they are found guilty of flouting rules. But if our diplomats are falsely implicated and charged, our government must strongly protest against it. Chelladurai William, Chennai For as long as the world tolerates the gross violations of diplomatic etiquette perpetrated by the U.S., the country will continue its arrogant behaviour. Despite the disrespect shown to our former President, ambassadors, diplomats and VVIPs by the U.S. State Department and immigration officials in the past, we continue to act as though nothing happened. But withthe arrest and humiliation of the Deputy Consul General in New York, India should abandon its policy of turning the other cheek and instead take some effective action. A bland apology from the U.S. State Department will not suffice. India should either reciprocate this attitude towards U.S. diplomats and VVIPs arriving in India, or warn the country that there will be grave consequences if such incidents recur. M. Riaz Hasan, Hyderabad The humiliation meted out to Deputy Consul General Devyani Khobragade by the U.S. authorities is disturbing. Will the U.S. tolerate any misconduct by India against their envoys? Our silent diplomacy is to be blamed, which is being construed as a weakness on our part. Such violation of conventions reflects badly on the bilateral relations between the two countries and should be viewed seriously. Summoning U.S. Ambassador Nancy Powell was a justified move. K.S. Thampi, Chennai Bus accidents The editorial, ‘Unsafe bus rides’ (December 14), has addressed the concerns of commuters while focussing on flawed bus design and improper road alignment. Other factors leading to regular accidents on national highways are over- speeding, drunken driving, rash overtaking and the poor condition of vehicles. Stringent enforcement of rules is crucial in preventing accidents. Patrolling of highways needs to be effectively strengthened. P. K. Varadarajan, Chennai Buses in cities carry passengers exceeding their capacity, without paying any heed to safety. Rashand negligent driving is common. Using technology like speed-governors, GPS, etc., could bring inanelement of discipline among bus drivers. Srinath Mahesh, Roorkee Ifthikar Chaudhary The article, “A legacy of activism” by Nirupama Subramanian (December 14) speaks comprehensively of one of the most brilliant and bold judges of the Supreme Court of Pakistan, Ifthikar Chaudhary. Justice Chaudhary’s legacy will inspire many young lawyers in Pakistan and will be admired in India and Bangladesh, too. G. Azeemoddin, Anantpur Ifthikar Chaudhary will certainly go down in history as the first judge who challenged military rule successfully. Justice Chaudhary’s refusal to bow down toPervez Musharraf and stepdown from his post has been one of the high-points in his distinguished career. Upholding the values of law in turbulent times is a true testimony to character, and Justice Chaudhary’s legacy, as explained by the author, will definitely be upheld by others. Balasubramaniam Pavani, Secunderabad LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. N ationalistic outrage aside, the arrest of an Indian diplomat in New York for giving false information to obtain a visa for her domestic worker, and paying her less than the local minimum wage, has shone well-deserved light on a troubling practice that many Indians unfortunately think is normal. Devyani Khobragade is not the first Foreign Service officer caught on the wrong end of the law in the host country on charges relating to treatment of a domestic employee. The human aspect of the controversy and the seriousness of the visa fraud charge are at times lost through the shift of focus to technical and procedural issues, relevant as they are. While it is for the courts to pronounce on Ms. Khobra- gade’s conduct, there is no moral high ground to be claimed on this issue. It is well known that exploitative practices against domestic workers are rampant in India. With unskilled labour plentiful, and domestic labour comprising the lowest section in this category, there is no minimum or maximum age of employment, no fixed work hours, and certainly no minimum wage. Indians posted abroad are loathe to hire locals to do household work, especially in the West, as minimum wages are fixed, and translate into much more than what they would pay back home; the terms and conditions of employment too are not malleable, with specified holiday and leave requirements. Uncaring about violating local laws, they end up taking “the help” with them on Indian wages, sometimes even showing her as a member of the family for visa purposes. Ms. Khobra- gade was only hewing close to type, going by the charges against her, even though as a senior government official, she should have known better. The Ministry of External Affairs should put an end to the practice of its officials taking domestic staff with them abroad. As a consular official, Ms. Khobragade does not have the same extent of immunity under the Vienna conventions as a diplomat in an embassy. In the United States, consular officials can be arrested for a serious crime on the basis of a warrant. It is of course debatable if the offence she is charged with falls in the category of felony, particularly as she was released on bail within a few hours. The dramatic manner of the arrest, which included handcuffing, is unusual treatment for any person, even if one were to disregard her consular status. Also, there is nothing to suggest she was about to flee the country. Sensibly, New Delhi made no claim of immunity for the official. While standing in solidar- ity with the official against the manner of her arrest, the government has also rightly made it clear that she will be available for the court proceedings against her. A troubling practice CARTOONSCAPE http://jobsalerts.in CM YK BG-BG TUESDAY, DECEMBER 17, 2013 10 THE HINDU TUESDAY, DECEMBER 17, 2013 BANGALORE EDITORIAL W hen a bill that has eluded a political consensus for decades comes close to actual enactment, cynicism must give way to pragmatism and hope. The Lokpal Bill, passed in the Lok Sabha in an earlier form two years ago but now amended on the basis of the report of a Select Committee of the Rajya Sabha, is likely to be approved soon by the Upper House and sent back to the lower chamber for fresh passage. The Union government has dropped the provisions relating to establishing Lok Ayuktas at the State level. Instead, the Bill says States should put in place their own institutions within one year. A composite law may be preferable from the people’s point of view, but the concession is in deference to the need to federalise the anti-corruption domain. Con- trary to what its critics say, the bill cannot be dismissed as weak; nor can it be seriously contended that the Lokpal does not have an independent investigative mechanism. The Central Bureau of Investigation has been placed at the disposal of the Lokpal, which will have superintendence over that agency in cases under its consideration. The need for sanction from the re- spective governments to initiate prosecution has been waived for cases cleared by the Lokpal. The CBI Direc- tor’s appointment will be on the basis of a statutory process, and the Lokpal will have its own inquiry and prosecution wings. A significant factor that informs the urgency shown by the political class in putting in place the anti-graft institution is the perception highlighted by the results of the Delhi Assembly election that large sections of society are disillusioned with mainstream parties that are seen as tolerant of corruption. The crusade for such a law initiated by Anna Hazare, along with the success of the Aam Aadmi Party based on the campaign for a Lokpal, has made fresh legislation unavoidable. The development is unlikely to end the debate over the adequacy, independence and effectiveness of the anti- graft institution the new law will put in place, but it will certainly be a milestone in the quest for an institutional mechanism to combat corruption. Voices of criticism on the inadequacies of the new law, some of them suspiciously raised on the eve of its passage, should not deter the two major political parties from closing ranks to get the Lokpal Bill passed in both Houses. However, the mere enactment of this Bill is not enough. The amendment to the Constitution needed to confer constitutional status to the Lokpal and Lok Ayuktas also needs to be passed. And so does the proposed law on the right of citizens to time-bound delivery of goods and services and to have their grievances redressed. Only this will fulfil the need for a strong institutional framework to curb corruption. A law long overdue D id the citizens of Delhi read party manifestos before they voted? If they had studied all of that and then set out for the polling booth, the results may well have beendifferent. The Aam Aadmi Party (AAP) could have come a distant third: a David crunched by two Go- liaths. If truthbe told, the Congress probably had a better programme on paper than the other two, but look what happened to it. The reason the Bharatiya Janata Party (BJP) did well was because the electorate had had enough of the Congress. The reason why the AAP did well was because, once again, people had had enough of the Con- gress. In both cases, where was the manifes- to? How then did these two parties fatten themselves by devouring the same animal? Simply by dividing the spoils without a well- thought-out recipe. The BJP bit into chunks from the north west, south and southwest Delhi, leaving the heart of the capital to be savaged by the AAP. The rich, the poor and the middle class spread their favours equally among the three contenders, which shows, once again, that manifestos did not count. Preconditions and impact Is the AAP now overcooking its goose by thrusting a manifesto-like document on us? That is indeed what it looks like as one goes through its long-winded 18-point set of preconditions for allying withthe Congress. The many details init have surprised a number of AAP activists and robbed the organisation of its stir-fried crispiness. AAP supporters, in the main, did not vote for neighbourhood committees, or for blocking FDI in retail, or for regularising unauthorised colonies either. Rarely did an AAP voter think of any of these at election time, so why bring themup now? The day is not yet done. Yet, by putting these out as inalienable must-do items, the AAPis forcing its support base to do a think, perhaps even a rethink. From the beginning till election day, what Mr. Kejriwal’s followers wanted most was a regime free of VIPs and corruption. In their view, the two were interlinked by definition. Hence, if one went, so would the other. This is why the Jan Lokpal Bill escaped voters’ scrutiny and remained, for all practical purposes, a pie in the sky. The anger against VIP swagger figures elsewhere too, but never with the same fe- rocity as it does in Delhi. Politicians collude to make the capital their fiefdom, converting citizens to subjects, and corruption to a way of life. This is the culture that AAP supporters wanted out, which is why they turned up in such large numbers and with so much enthusiasm. They were certainly not charged up by the idea of street corner hud- dles taking policy decisions, or giving “swaraj” to Delhi, or rejigging VAT. On issues such as these, the ordinary AAP enthusiast is uncertain, often even unsup- portive. By forcing these divisive matters to the front, the party is placing itself on the skids for no good reason. The Congress and the BJP have so far kept quiet about taking a fresh view on anything and, wisely so. They probably know, by instinct, never to force a manifesto in the open for that only troubles settled waters. Yet, the AAP has gone ahead and done just that; keeping things simple suddenly looks very complicated indeed. If its intention was to set preconditions that would put the Congress and the BJP off, there was a better way of achieving this. All it had to do was to stick to the basics: oppose VIP culture and doodle with the idea of a Lokpal Bill. Its biggest appeal lay inits promise of a “no-frill” government where ministers walkwiththe people, out inthe open. No politician from the Congress, or the BJP, or any other party for that matter, would ever countenance such a nightmare world without privileges. The threat of becoming ordinary mortals without security, without bungalows, without motorcades, would be enough to leave themsleepless. Perhaps its eagerness to go in for the kill has made the AAP overzealous for a quick second election. No doubt, its suitors are black-hearted, but by saying “No” in 18 different ways it has lost some of its boy-next- door appeal. Word might go around that Mr. Kejriwal either fears a commitment or fears an inability to perform. These doubts would not have surfaced had the AAP pruned its 18 points to just, maybe, three or four. That way it would have kept its youthful good looks for another day. Voter turnout After all, what made the difference in2013 is that unlike the 2008 polls, young voters came out in large numbers from both the poor and posh quarters of Delhi. Five years ago, the New Delhi constituency had a very low voter turnout, but not this time. It is here that Mr. Kejriwal trounced Ms Sheila Dixit by over 26,000 votes. Not just that, in neighbouring Greater Kailash, the AAP shamed the BJP from what was considered to be its safest seat inthe city. InR.K. Puram, it lost by a mere 326 votes; it was that close! None of this could have happened had not the 2013 Delhi election been visited by a “movement” in the shape of the AAP. It is this that turned a staid voting scenario to a turbulent and carnivalesque one. A three per cent margin held it back frombeing in complete power, but it had made even cynics sit up and take notice. It was the movement, the mobilisation, the big agenda of anti-corruption that was everything. This is why it is too early yet for Mr. Kejriwal to step out of the movement’s skin and get weighed under by the nitty-gritty. He must hammer away at his promise to deliver just one spectacular thing and not 18 dull, but potentially divisive, ones. Only then can he keep the AAP’s elan alive and halt it from becoming a humdrumparty; an also-ran. In the ultimate analysis, it may even be better for the AAP to form the government for that is really a low-risk option. If the Congress, at some point, were to withdraw support, Kejriwal and company could go to the voters with an “I-told-you-so.” It would make it that much easier to demonstrate that the BJP and the Congress are indeed in cahoots and resentful of a cleangovernment. The BJPmay still salvage something out of this wreckage because it retained at least a third of its seats fromthe previous elections. The Congress will, however, be a loser no matter which way one looks at it. It has a bellyful of its own words to eat besides holding up Dr. Manmohan Singh in the centre. After labelling the AAP challenge as a no- contest, it has now to play second fiddle to it. Nor can it bring down Mr. Kejriwal after supporting him for then the Congress and the BJP would be walking down the same aisle. To force the oppositionto be onthe defen- sive would allow the AAP to have its movement and its party too. This is why while the night is young and the guests are still around, Mr. Kejriwal must bring back to the AAP what made it so festive — the no frills anti- corruption drive. Nit picking over 18 points is inviting quarrelsome conversation whereas it needs just one grand issue to make the party rock. Otherwise, all bets are off and if the next elections are held soon, the results are up in the air once again. (Dipankar Gupta, a sociologist who taught in JNU for over 25 years, is now distinguished professor at Shiv Nadar University. His latest book is Revolution fromAbove.) Keep the movement burning Dipankar Gupta If the Aam Aadmi Party’s intention in setting long-winded preconditions for accepting support was to put the Congress and the BJP off, it should have stuck to the basics of opposing VIP culture and doodling with the idea of a Lokpal Bill Is AAP idealistic? Citizens of this country have resigned themselves to accepting the present state of indifferent and inefficient governance, so much so that even the simplest kind of transformationlooks idealistic. We are ready to trust tainted candidates put up by both the national parties who have nothing new to offer and who, while in the Opposition, never played their role. In the midst of this, we should thank the AAP for daring to dream of change (Dec. 16). Its moves are more practical in its search for issue-based support without blindly forming a coalition government. Therefore, its cautious approach in government- formation and its innovative 18- point stand are laudable. Everything is fair in democracy. Mr. Kejriwal and his teamare very aware of the futility of entering politics of the present kind. After a long time, Indian citizens have been offered a leader and a party worthy of their trust and vote. Sindhu Prasanna, Bangalore Both the Congress and the BJP have put the AamAadmi Party in a spot of bother by offering unconditional support to form a government. If the AAP accepts their support, large sections of the public who voted for the party on its anti-corruption platform will feel betrayed. On the other hand, if the AAP decides to be in the opposition, there will be many others who will say their stand that the AAP lacks the experience to govern stands vindicated. The AAP must tread carefully in this maze of games being played by the national parties. Those who truly support it and its corruption- free agenda should be patient. Divakar Pai M.V., Kodungallur There is always a solution to every problem. Practicality is a must in politics. Principles can be maintained even while making compromises. It seems that the AAP has no trust and confidence in its own strength to run the government successfully. It must show that it can govern Delhi. Mahesh Kumar, New Delhi Though a fledgling in politics, the AAP has to seize the opportunity and make hay while the sun shines, in the righteous way. After government-formation, it can explore ways to introduce a credible Lokpal Bill. A small step now can possibly become a giant leapinthe coming general election. N. Visveswaran, Chennai There is much pessimismafter the widening rift betweenMr. Kejriwal and Anna Hazare, the two leading figures in the anti-corruption movement (Dec. 16) and, separately, over the AAP’s 18-point agenda put forthto the BJPand the Congress. Eventhoughit may seem that the AAP is pushing its luck too hard, it still represents a party that has better values and vision than the two national parties. Indians need people to clean up the mess we are in, but we judge themtoo soon to understand their “clean” motives. Compromise is not going to do us any good. Rallapalli Vineela, Hyderabad It is amusing to see cynics and sceptics who were waiting for Mr. Kejriwal to cover himself in mud now turning into gratuitous advisers — how can he be so arrogant as to express mistrust of the other great parties and lay “preposterous” conditions for accepting generously offered support? The AAP is an exciting and incredible experiment to get Indian politics out of the rut of corruption. If we cannot encourage and nurture this movement, let us at least desist from offering dampening and destructive counsel. Let us not play into the hands of calculating and self- serving parties which would like nothing better thanthe foreclosure of this transforming efflorescence. A.N. Lakshmanan, Bangalore The AAP appears to be suffering from the protest stage hangover. Rather than realising its model of good governance, it seems to be still in activist mode. After continually blaming the two leading national parties for all the ills of the current political set-up, it needs to wake up to the reality of harmonious coexistence with these very parties. When the outside support by the Congress is unconditional, the AAP should welcome it as a means to end the deadlock in Delhi rather than using it as an opportunity to impose conditions, many of which are not compatible with the pronounced policies of the Congress and the BJP. As it has set its eyes on 2014, it must use this opportunity to demonstrate its capabilities to govern. The need is to change over from being a good activist to becoming a good politician and administrator. Vivek Thakur, Moradabad As a first-time voter, it was the AAP and its policies that got me interested in politics in the first place — to vote for a change. But what I see unfolding is that the new party may now end up being caught between the two parties. Who will take responsibility if the BJPor the Congress withdraws so-called “unconditional” support just after two days of Assembly formation or at the time of the passing of the Lokpal Bill? Kallol G., New Delhi DMK’s stand The report that DMK leader M. Karunanidhi is not for an alliance with an “ungrateful” Congress to fight the 2014 election is amusing (Dec.16). None will forget how the DMK played its cards well during UPA-I and UPA-II to ensure that important portfolios went its way. The nation will not forget how the then Union Minister, Pranab Mukherjee, was sent numerous times to Chennai to talk to Mr. Karunanidhi when there were several rough moments. That it caused much discomfiture to the Prime Minister is also well known. The Congress did treat the leader with respect. V. Rajagopalan, Chennai The DMK seems to have realised only now how “ungrateful” the Congress has been. Its move seems to smack of opportunism after the Congress’s failure in the recent Assembly elections. Who knows, boththe Congress and the BJPmay be left alone to fight the 2014 election without allies. In an era of coalition politics, a number of regional parties are likely to contest independently to increase their national influence. V.S. Ganeshan, Bangalore After resolving not to join hands with either the Congress or the BJP, Mr. Karunanidhi has said the Congress is responsible for the imprisonment of both Mr. A. Raja, former Union Minister, and Ms Kanimozhi, party MP. There is a famous line in a Tamil film, “In politics it is all quite natural (Araiyallae ithellaam sathaaranamappaa”). Meenakshi Pattabiraman, Madurai The party has once again shown its true colours at the opportune time. The Congress too deserves this shock treatment for its inability to distinguish between pursuing its political interests and safeguarding national interests. While in the short term, the DMK’s decision is likely to ensure its rout in the Lok Sabha election, it is too early to predict what will happen in the long term. Ettirankandath Krishnadas, Palakkad It is the Congress party that had to face almost endless humiliation due to numerous scams. That regional allies were responsible for some of themis well-known. Let us wait and watch to see if the Lokpal Bill gives autonomy to the CBI. Capt. N. Viswanathan (retd.), Chennai This exit from the UPA alliance citing the 2G scam and the Sri Lankan Tamil issues is an example of political opportunism. Leaders who shared power with the Congress government for nearly a decade have done nothing significant for the welfare of the Sri Lankan people. Quite a few of the alleged 2G scam perpetrators are connected with the DMK. It will not be a surprise if the party now strikes an alliance with the rising BJP. G. Stanley Jeyasingh, Nagercoil Diplomat’s arrest The editorial (Dec. 16) has revealed a troubling practice that many Indians unfortunately think is the norm — passing off domestic help as family members while applying for a visa in order to get around labour laws overseas. This is not the first incident of its kind that has occurred in the U.S. This is just one more event that has ended up denting the nation’s image. At the same time, the U.S. must explain the humiliating treatment meted out to India’s Deputy Consul-General Devyani Khobragade and denying her even the basic courtesies due to her as a diplomat under the international conventions. C.A.C. Murugappan, Kothamangalam The outrage being expressed is one-sided. Let us not forget that the domestic help is also an Indian. The issue has been an eye-opener and is all about how domestic help are exploited. The Indian government must review labour laws to check such exploitative practices. Velpula Ramanujam, New Delhi It needs to be understood that the officer was penalised for contravening the law of the land. Although the U.S. officials have overreacted by arresting the official, which is unacceptable by any means, the fact that Ms Khobragade acted in a manner unbecoming of her status is totally unjustified. Isn’t it ironical and hypocritical that people who raise a hue and cry over the unsavoury incident that happened abroad seem to be conveniently oblivious to the harsh/inhuman treatment meted out to domestic help in our own country? B. Suresh Kumar, Coimbatore LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. I f politics is the art of the possible, as Otto von Bismarck argued, then Arvind Kejriwal would do well to explore the next best options in Delhi in a situation where his principles do not allow himto either accept the support of other parties or offer his support to them. As the second largest party in a hung Assembly, the Aam Aadmi Party is in a real dilemma. After having grown without the traditional building blocks of caste and communal vote banks, and won support in the election on the basis of a campaign against both the Congress and the Bharatiya Janata Party, the AAP is quite rightly wary of being seen as politically opportunistic in the changed post-election situation. With the BJP expressing its inability to form a government, it is the turn of the AAP to explore the possibilities of giving Delhi a government with a difference. Mr. Kejriwal is justified in wanting to keep a distance from both the BJP and the Congress. But the principled opposition to the traditional political class should not be a handicap in giving the people of Delhi a government in whichthe AAPcancarry throughits programme. Instead of ending up as a prisoner of his principles, Mr. Kejriwal should seize the opportunity to provide a government that is in line with his stated principles, free of corruption, and driven solely by the livelihood needs and concerns of the people. Surely, there is no harm in accepting the support of other parties so long as the agenda is the AAP’s own. Of course, no matter how it is described — conditional or otherwise — support from other parties who have no stake inthe government cannot be takenfor granted. But such support, as long as it is available, can be put to good use. True, the AAP looked opportunistic and eager to compromise when soon after the elections senior leader Prashant Bhushan offered conditional support to the BJP. The AAP needed to demonstrate it was different from other parties. Also, for a party whose principal founder was initially reluctant to enter electoral politics and wanted to push the people’s agenda for change through mass mobilisation, it would have been unwise to hurriedly grab at the offer of support fromthe Congress. After meeting Lt. Governor Najeeb Jung, Mr. Kejriwal sought ten days’ time, and quite rightly noted that there was no such thing as “unconditional support” in politics. But by shooting off letters to the Congress and the BJP taking the high moral ground, Mr. Kejriwal ended up appearing too demanding and not very intent onforming a government. The AAP leader seems bent on seeking a fresh mandate without trying his best to make the present mandate work. This all-or-nothing attitude will do little good to either his party or the people of Delhi. A prisoner of his principles CARTOONSCAPE http://jobsalerts.in CM YK BG-BG WEDNESDAY, DECEMBER 18, 2013 10 THE HINDU WEDNESDAY, DECEMBER 18, 2013 BANGALORE EDITORIAL A year after the brutal Delhi gang rape, institutional responses to sexual violence against women have failed to keep pace with robust efforts by civil society to sensitise the public. In its immediate aftermath, popular, city-based movements rallied around the episode to help victims shed the stigma associated with such crimes. This heightened level of awareness and community support, aided by a vigilant media, contributed to an increase in reporting on sex crimes. The ‘Nirbhaya’ movement also brought to bear on the government enormous pressure to respond strongly against sexual offenders through tougher legislation. Although the United Progressive Alliance did well to incorporate the Justice Verma Committee’s recommendation to amend the Indian Penal Code and the Code of Criminal Procedure, it has come up woefully short in implementing the new laws. The Sexual Harass- ment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, passed by Parliament in Feb- ruary this year, was notified and given effect to only a week ago. The Ministry of Women and Child Devel- opment is yet to formulate a concrete plan to utilise the Rs.1000-crore Nirbhaya Fund that was integrated into the Union Budget this year. On the other hand, State governments are yet to pull up their socks on police reform, especially on the issue of including more women in the force. Without improved policing, it is difficult to see how States can rein in gender-based violence. The UPA is also yet to act on the Verma Committee’s recommendation to penalise marital rape under criminal law. Further, there has been no debate on the Com- mittee’s recommendation to strip armed forces personnel of the immunity granted under the Armed Forces Special Powers Act, 1958 while investigating sexual offences. The Union government has not been the lone culprit. Despite formulating the Vishaka guidelines on sexual harassment at the workplace 16 years ago, the Supreme Court — and numerous High Courts — did not set up their own internal complaints committees until recently. The apex court recently confirmed that its former judge, Asok Kumar Ganguly, had harassed an intern, and thus abused his fiduciary position — the episode has cast the male-dominated higher judiciary in poor light. The media too have been engulfed by the scandal surrounding Tarun Tejpal, who while serving as editor-in-chief of Tehelka is alleged to have raped a journalist working for the magazine. That the guardians of democracy have come up short in their efforts to tackle sexual harassment internally is a grim reminder that the roots of this malaise run deep. The government must sustain the momentum against gender-based violence that the 2012 gang rape provoked to offer better policing and legal protection for women. Unfinished reform A fghan President Hamid Karzai cannot get enough of Delhi. He has just concluded his third visit to the capital in the space of a year, a remarkable tally that underscores the great potential of the India-Afghanistan relationship. But India is at risk of wasting opportu- nities to build on what has been one of its greatest diplomatic successes in the past decade. For over a year, India has warned that the NATO-led western coalition in Afghanistan erred in announcing a departure date; that the coalition is drawing down combat forces too quickly; and that the Afghan National Security Forces (ANSF) are being left ill- equipped to fight insurgent and terrorist threats that remain entrenched in the Af- ghanistan-Pakistan border areas. Today, In- dia is in a strong position to shape each of these factors to its advantage, but its policies are marked by indecision and confusion. Security agreement First, consider the question of western troops. Contrary to the popular Indian understanding, western forces do not intend to “withdraw” fromAfghanistan next year. Ka- bul and Washington have agreed on the text of a Bilateral Security Agreement (BSA), which would allow a force of 8,000 to 10,000 troops to remain in Afghanistan beyond 2014 for training purposes and limited coun- terterrorism missions, albeit under strict conditions. Mr. Karzai initially convened a largely hand-picked Loya Jirga (tribal assembly), which overwhelmingly urged the President to signthe agreement. But now, he has changed his mind. He wants new and implausible concessions from the U.S., and also insists that the BSA should be signed by his successor after the Afghan presidential elections in April 2014, perhaps hoping to maintain leverage over Washington in case the elections are as flawed and contested as those of 2009. The U.S. has retorted that this would not give themenough time to prepare for such a large mission, and that U.S. troops might therefore have to leave altogether — the so- called “zero option.” This would also put at risk the many billions of dollars of American aid that will flow to Kabul for several years after 2014. Without this money, the survival of Afghan security forces and the Afghan state itself is in question. After all, it was not the departure of Soviet forces in 1989 that produced the collapse of the Communist government in Kabul to the Mujahideen, but the withdrawal of Soviet funds three years later. As the Afghan National Security Ad- visor put it, Kabul without the BSA “would be isolated again, like a lamb stuck among wolves in the desert.” India, withits panoply of economic, political, and strategic investments in Afghanis- tan, therefore has a profound interest in ensuring that NATO forces stay. One might think that India would be urging Mr. Karzai to sign. Indeed, only last week the U.S. Spe- cial Representative for Afghanistan and Pa- kistan, James Dobbins, hinted at private Indian support and said that Mr. Karzai’s trip to Delhi would be “quite influential” in persuading the President of the urgency of an agreement. Yet, New Delhi’s policy mess- aging over the past days and weeks has been downright masochistic. India first indicated that it wanted the BSA to “reflect the concerns of India as well as Iran.” Yet, Iran is the one country that opposes the BSA — even Pakistan is more supportive. If New Delhi’s intention here is to reach out to Tehran in the aftermath of the U.S.-Iran nuclear deal, this is understandable. But this is a curious way to go about it. Then, after Prime Minister Manmohan Singh met Mr. Karzai on Saturday, India’s Ministry of External Affairs declared that Mr. Karzai “will do whatever is best for the people of Afghanistan and … we will support it,” adding for good measure that Mr. Karzai — who has recently reached new heights of paranoia and capriciousness — was “a wise and sagacious leader.” New Delhi should be offering full-throated support for an agreement that is vital to its own regional interests. Instead, it has produced tepid and confused signals that encourage Mr. Karzai to continue his dangerous game of chicken with the U.S. India should be alarmed by this behaviour, not indulge it. Uncritically pan- dering to Mr. Karzai is the easy option in the short run, but it constitutes immature diplomacy that poses long-term risks to India’s national security. Indian military support Second, consider the question of India’s military support to Afghanistan. India certainly hasn’t been entirely passive here. It is intensifying its valuable efforts to train Af- ghanarmy officers inIndianestablishments, and will soon be training over 1,000 annual- ly. Mr. Karzai himself indicated onthe week- end that India’s training was “much better than what appears in the press.” But for much of this year, and with growing volume, he has been pleading with India to supply second-hand Indian arms that he can’t obtain fromwestern allies. With the exception of a few helicopters and some minor equipment, the government has stalled on this request, as well as others to send military trainers. Mr. Karzai’s weapons wish list has met withdeathby committee inSouthBlock. India has proffered a baffling and implausible set of excuses for this reluctance: that the equipment could end up in the wrong hands, that Moscow must give permission for the transfer of Soviet-era arms, that India lacks “surplus capacity” inarms, and that the matter is, euphemistically, “under review.” India’s policy is now nothing short of inco- herence. Indian officials privately criticise western powers for failing to arm the Af- ghans more heavily, but India vacillates over doing so itself. India publicly insists that it has confidence in Afghan security forces, but then intimates that their potential dissolu- tion is a reason to avoid shoring themup. India’s real concerns have little to do with a lack of capacity or Russian permission. Many of the items on Mr. Karzai’s weapons wish list are being phased out of India’s arse- nal anyway, or are built by India itself. Its reluctance has more to do with chronic risk- aversion, compounded by the next year’s looming Indian and Afghan elections. This Indian government has struggled to take bold domestic or foreign policy decisions at the best of times, let alone when national polls are within sight. New Delhi is also concerned about arming the ANSF at a time when the post-Karzai environment is so murky (will the next president be as pro- India?), and anxious that the provision of heavy weaponry might provoke Pakistan in- to intensifying support for anti-Indian groups in Afghanistan. It was only earlier this year that the Indian consulate in Jalala- bad was struck by suicide bombers. These concerns are legitimate, but India cannot hope to “free ride” on western efforts while complaining incessantly about how western policy is leaving threats to India unaddressed. Point of engagement If India is serious about its concerns over rapid western withdrawal and Afghan weakness, it should get serious itself. New Delhi, Kabul, Washington, London and other governments withanimportant role inthe security sector of post-2014 Afghanistan should forma multinational joint working group to assess the points of vulnerability for Afghan forces. A good starting point would be for India to send trainers to the British-established Afghanistan National Army Officers’ Academy (ANAOA). This would not only integrate with existing NATO efforts, but it would afford Indian trainers with much greater protection fromattacks by the Haq- qani network or the Lashkar-e-Taiba. In turn, trainers from NATO countries, with over a decade of combat experience in Af- ghanistan, could also be placed in Indian institutions that host Afghan officers. Only last week, Pakistan Prime Minister Nawaz Sharif’s adviser on foreign affairs, Sartaj Aziz, explicitly stated that even Islamabad had no problemwith New Delhi’s assistance to Afghan security forces. India has played an important and constructive role in post-2001 Afghanistan. It will continue to do so long after the last western troops depart. But New Delhi’s current policy appears to be to seek influence without commensurate responsibility. India wants western troops to stay, but won’t ex- pend the diplomatic capital required to push Mr. Karzai to sign the BSA. India wants Af- ghan forces to be better armed, but shies away from taking on the talks itself. India opposes the speed and scope of the nascent American talks with the Taliban, but is be- reft of ways to shape this process. The drawdown of western forces fromAf- ghanistan in 2014 will be one of this decade’s most significant geopolitical shifts. If India doesn’t like the way it’s going, it must decide whether to step up to the plate, with all the attendant risks, or keep shouting from the sidelines. (Shashank Joshi is a research fellow of the Royal United Services Institute, London.) India’s Afghan muddle Shashank Joshi If New Delhi is serious about its concerns over rapid western withdrawal from Afghanistan, it should along with other governments form a multinational joint working group to assess the points of vulnerability for Afghan forces AAP’s dilemma As a Johnny-come-lately to the political arena, the Aam Aadmi Party was not expected to make a mark, leave alone a stunning electoral debut. But so much was the disillusionment in Delhi with the ruling dispensation that the bottled up ill-will resulted in a tectonic shift (Dec. 17). Now that there is even talk of President’s Rule in Delhi, the spotlight is back on the AAP and how it is appearing to shrug off its responsibility towards government-formation. It will be unfortunate if there is a dissipation of the great deal of goodwill it has earned. If there is another election, the results might be very different. C.V. Aravind, Bangalore Mr. Kejriwal’s terms and conditions should be hailed in the right spirit. His bona fide intentions are quite obvious. He has revealed his vision for Delhi; yet, strangely, he is being cast in a bad light. Ironically, he is now expected to step down fromhis lofty platform, for which he won accolades, and embrace murky reality — by joining hands with unscrupulous people. We need to ponder over what we want — strong, clean governance or the same old compromised ways of politics. Pratibha Singh, Kurukshetra Mr. Kejriwal seems to have developed a touch-me-not syndrome even though there is an offer of unconditional support. Let us not forget that this was a man who never hesitated to get himself arrested in order to defend his principles. The political stalemate should now be used by him as an opportunity to prove or disprove how a government should function. His act of stepping back to up the ante is dangerous as it might neither earn hima farthing nor the people of Delhi. Errabelli Pramod Rao, New Delhi Envoy’s arrest The New York Police have not crowned themselves with glory in handling the Devyani Khobragade case. India will have to take into account that the various freedoms in the land of liberty are just a figment of the imagination. Lok Sabha Speaker Meira Kumar’s move to cancel her meeting in Delhi with a U.S. Congressional delegation (Dec. 17) is welcome. Let us hope that the incident is an aberration and saner elements in U.S. public life will prevail. I amnot passing judgment on the guilt or innocence of Ms Khobragade; the law will lookintoit. But handcuffing a woman not involved in a case of violence, and in front of schoolchildren, is unpardonable. V.R. Lakshminarayanan, Chennai The Khobragade case should be viewed in the larger context. Visa regulations for overseas employees are imposed to protect the local labour market. It is not uncommon for Indian companies (at least, in the past) to pay employees a salary different fromthe one stated in the visa application. Such practice does not stem from a profit-making motive but driven by market realities of the nature of employment and the country of origin. In this situation, the domestic help was not a mainstream U.S. employee but an imported employee on a temporary contract to carry out a specific task. Above all, it is common for Americans to employ migrant Hispanics (mostly illegal) at less thanminimal wages inthe domestic and industrial context. Therefore, arresting Ms Devyani appears unwarranted. Siva Sivasubramanian, NSW, Australia When will Indians understand that in some countries labour laws cannot be challenged and that much thought has gone into framing them? The action of the U.S. Department of Justice needs to be commended. It is hoped that the labour departments back home will learn some lessons from such episodes and understand the need for ensuring the dignity of labour. Sudhir Kumar Katiyar, Udaipur Intern’s allegations Propriety demands the resignation of Justice (retired) A.K. Ganguly as Chairman of the West Bengal Human Rights Commission now that the law intern’s affidavit has been made public (Dec. 17). His holding on to his post is an insult to the high office. Gigi Mohan, Thiruvananthapuram It is strange that Justice Ganguly is upset that the contents of the affidavit have been made public. It is important that he quit office and allow a fair investigation. The government must explore judicial options to prosecute the accused rather than citing technical reasons to allow him to continue in his constitutional post. R. Ganesan, Chennai The Supreme Court’s soft approach in the law intern case (Dec. 17) is a bit surprising given that the same institution has pulled up governments on different occasions for not ensuring women’s safety and not doing enough to curb harassment at the workplace. We are a democratic country where the judiciary commands high public trust and respect. The court must set an example on the universal applicability of the rule of law. Arsh Panwar, Bathinda ‘Code 1612’ A year after the horrific assault on a 23-year-old girl in Delhi, the Union Finance Minister’s announcement that SOS alert systems will now have to be part of several steps to enhance women’s safety is welcome (Dec.17). Noteworthy is the introduction of an SOS alert button onmobile handsets. Perhaps, “1612” can be the code for this. Srinivasan K., Bangalore Bali package This refers to the Bali package adopted at the Ninth Ministerial Conference of the WTO (editorial, Dec. 13). This is no victory at all and it is unfortunate that India finally gave in to U.S. demands to accept a very restrictive “Peace Clause” — one that applies only to current legislation, preventing future food security programmes for developing countries. However, the U.S. will continue to legally pay massive farm and food stamp subsidies. India had opposed the “Peace Clause” till the end, defending not just Indian farmers but the poor and the hungry too. India’s Food Security Act and the PDS systemare good models for the developing world. Now, it is completely dependent on further negotiations on what type of a solution can be found. Can current subsidies or food security programmes even exist at the present scale? Developing countries will have to accept their guilt in violating WTO rules before they can even apply the “Peace Clause.” No country should have to be indebted to the WTO or any other institution to support its citizens’ right to food. S. Kannaiyan, Sathyamangalam Multifaceted rulers In the passing of UthradomTirunal Marthanda Varma, the erstwhile head of the Travancore royal family (Dec. 17), the country has lost one of its most respected, industrious and erudite personalities. As a suave and gentle human being, he was easily approachable. He stuck to tradition. His contributions to the city of Trivandrum and to the erstwhile state of Travancore will be remembered for ever. G. Ramachandran, Thiruvananthapuram Srikantadatta Narasimharaja Wadiyar, scion of the Mysore royal family, and now Kerala’s Uthradom Tirunal Marthanda Varma, will be missed. They were two diverse personalities yet simple at heart. Even though we are a democracy, it does not mean we should not recognise their contributions as they were twokings whowent out of their way to help society. The governments of Karnataka and Kerala can certainly do much more to recognise their legacy. Venkataraman B., Bangalore LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. W ith not much to gain and a lot to lose in being seen in the company of the Con- gress, the Dravida Munnetra Kazhagam has adopted the only course open to it now: it has ruled out an alliance with the Congress for the 2014 Lok Sabha elections. The Congress is reeling under an anti-incumbency mood, as is evident from the outcome of Assembly elections in four States. In Tamil Nadu, the national party’s stock is not exactly high, with the Sri Lankan issue adding to its woes. DMK president M. Karunanidhi has also ruled out any tie-up with the Bharatiya Janata Party, arguing that the BJP can no more be the friend it was under Atal Bihari Vajpayee. The DMK’s decision on steering clear of the Congress is consistent with the position it took in March 2013, when it walked out of the United Progressive Alliance. But its detractors will surely remember that it subsequently approached the Congress for support to get its candidate elected to the Rajya Sabha. Both sides must have har- boured hopes of a revival of ties, as the Congress high command asked its five legislators to vote for DMK candidate Kanimozhi. It is clear that Mr. Karunanidhi was waiting to know the results of the Assembly elections before spelling out his stand. As the BJP of the Modi era may not be attractive to the DMK, which has been a part of major coalition regimes at the Centre since 1989, Mr. Karunanidhi will have to recalibrate his position as a player in the national scene at the time of the Lok Sabha elections. However, much depends on how well-equipped he is to take on the ruling All India Anna Dravida Munnetra Kazhagam, which has also said it will go it alone. Tamil Nadu may see both the main adversaries entering the electoral fray without one of the principal national parties in alliance, something rare in this multi-party domain. Both the Congress and the BJP may now seek to join hands with the Desiya Murpokku Dravida Kaz- hagam led by actor-politician Vijayakanth, but he may not have forgotten that the Congress had initially hinted at backing the DMDK candidate in the Rajya Sabha polls before its MLAs voted in favour of the DMK nominee. The Pattali Makkal Katchi, which wanted to lead a front of minor caste-backed outfits based on a common agenda of diluting laws favouring the Scheduled Castes, may now alter its course and seek some company. The col- ourful political terrain that is Tamil Nadu may now see a multi-cornered contest for seats that may play a significant role in government-formation at the Centre next year. With the parties other than the Congress, the BJP and the Left uncommitted to any firm ideology beyond their regional interests, their seats may float towards any combine during government formation. Ending an uneasy partnership CARTOONSCAPE http://jobsalerts.in CM YK BG-BG THURSDAY, DECEMBER 19, 2013 10 THE HINDU THURSDAY, DECEMBER 19, 2013 BANGALORE EDITORIAL I t is not surprising that the details of the treatment to which Devyani Khobragade, the Indian deputy- consul in New York, was subjected after her road- side arrest on charges of fudging her domestic help’s visa forms and underpaying her have caused an uproar. A strip search, examination of body cavities and the possible use of restraints other than handcuffs such as waist chains and shackles, are grossly over-the-top steps to use against any detained person. These are automatic, non-discriminatory and legal post-arrest procedures, but that does not make them any better. Ms. Khobragade, even under her limited consular immunity, was entitled to be treated with dignity. Angered, New Delhi has retaliated by withdrawing certain privileges for United States diplomats based in India. While some of this outrage is justified and rightly seeks to establish that the international diplomatic community lives and works in a world of reciprocal terms and conditions, in the current atmosphere of nationalist fury, it is all too easy to take it too far. The government should take no steps that compromise the security of the U.S. Embassy in Delhi. It must be remembered that under the same Vienna Convention, the host state is under “a special duty” to protect embassy and consular premises. Never known for taking on the U.S on substantive policy issues, the government’s unusually aggressive reactions — and those of political parties too — on behalf of a diplomat, smell of political considerations ahead of an election. From the Prime Minister and Ministers of Home and External Affairs to the Bahujan Samaj Party leader, everyone has weighed in on her side. In the furore, it has been all but forgotten that there are serious charges against the diplomat, and that the domestic worker is also an Indian. It is certainly odd that the domestic worker’s family was able to obtain visas to travel to the U.S even while Ms. Khobragade’s request to have her traced remained pending. Despite Indian diplomats being embroiled in similar cases in the past, each time blaming the domestic worker’s motives — in all previous cases, the complainant got long-term residency in the U.S — the government has only now started giving serious thought to managing the practice of officials taking domestic staff along on postings abroad. Both sides could have found a mutually acceptable way to defuse the controversy — often in such cases, the issue is closed by withdrawing the diplomat. That the government chose instead to transfer Ms. Khobragade to In- dia’s Permanent Mission to the United Nations in New York, with a view to enhancing her immunity, is questionable and casts India’s claim of a nation ruled by law in poor light. Outrage and overreaction T hree propositions dominate expla- nations of the Congress party’s rout, the Bharatiya Janata Party’s impressive victory and the Aam Aadmi Party’s stunning success in Delhi in the recent Assembly elections. One, that there is a strong anti-Congress wave in the country owing to pervasive anger with its record in power, especially corruption and rising prices, two, that it is a vote against its approach to governance, an approach that relies heavily on social legislation and cen- trally sponsored welfare schemes, and three, that the Congress’s secularism has lost its vigour because people have moved on to other issues, namely “development.” The party’s poor showing in this round of Assembly elections is certainly an indication of a sharpchange inthe national mood which has turned against it in the run-up to the 2014 parliamentary election. While the four States are not representative of the rest of India, yet the results are very largely a verdict against the Congress-dominated United Progressive Alliance (UPA) government at the Centre. The UPA has been widely punished for rampant corruption, inflation and policy drifts neutralising toa large extent the regime’s previous big achievement of striking a balance between economic growth and social welfare. The strong public sentiment against the Congress and an ensuing anti- Congressism building up across different contexts and States portends its imminent decline and loss of power in Delhi. Populism vs reforms The Congress rout has led some analysts to argue that India is entering a new era in whichthe identity politics and issues of mass deprivation and inequality don’t matter; social welfare policies don’t any longer influence electoral outcomes. The party’s wash out is a warning against an electoral strategy that relies heavily on “populism” and “free- bies” — two terms that have increasingly become a staple of the Indiannews media. In short, the Congress is paying the price for building an expansive welfare state, rather than pursuing reforms to boost higher growth. They have questioned the relevance of welfare policies particularly inthe context of Rajasthan where the Congress suffered huge losses despite an array of welfare schemes. Imbalances The wide-ranging critique of welfare policies is puzzling because India has enacted far fewer social policies than one would expect from such a poor, democratic country. India’s social policy expenditures on health and education — both as percentages of national income and as per capita spending have significantly lagged behind those of its more developmentalist neighbours in East and South East Asia and fall well short of the recommended norm of six per cent. With regard to social protection spending in Asia, India ranked in the bottom half of the 35 countries recently surveyed by the AsianDe- velopment Bank. So, all this uproar against social welfare programmes seems somewhat misplaced. Certainly, the Congress under Sonia Gandhi’s leadership has given priority to the social welfare and rights-based approach to development. While the growth model has seen no change during the UPA rule, there was recognition that serious imbalances between growth and distribution needed to be addressed through some redistributive measures. Thus, the government went on to shape a new formof welfare politics through a host of rights-based legislation, the most important being the right to employment, the right to food and the right to education. This has raised the hackles of two powerful forces — the corporate sector and middle classes — who feel that these policies have gone too far, especially with the enactment of the National Food Security Act (NFSA). The public debate over the NFSA highlights this phenomenon. The criticism revolved around the idea that resources are being wasted on populist policies and subsidies, wilfully oblivious to the fact that the elite and middle classes have managed to capture public resources oftenat the cost of the poor. For sure, social welfare policies are driven by electoral interests. On balance, the Con- gress coalitioncame topower in2004largely on the strength of the promise to guarantee work. It retained power five years later by extending and deepening social spending and enacting rights-based legislation. These policies have won the support of the poor and the marginalised that formits core constituency. Of late, the Congress has placed greater emphasis on these policies in the hope of differentiating itself sharply from the BJP. In fact, Mr. Narendra Modi’s rise has led the Congress to further sharpen its identity as a party of the underprivileged. But it has failed to protect the interests of its core constituency, especially with regard to inflation which hurts them the most. Noth- ing illustrates this more starkly than the irony of the Congress pushing pro-big business policies giving rise to crony capitalism and economic reforms such as FDI in retail, even as the corporate sector and middle classes are unforgiving in their disapproval of the UPA regime. Noticeably absent from these accounts has been the role of welfare policies in the re-election of BJP governments in Madhya Pradesh and Chhattisgarh. The electoral effects of welfare measures were obvious in Madhya Pradesh, where Chief Minister Shivraj Singh Chouhan sought a renewed mandate on the basis of a series of social welfare schemes and within minutes of the swearing-in as Chief Minister, he launched some more schemes with an eye on the general election. Likewise in Chhattisgarh, Chief Minister Raman Singh banked on the revamped Public Distribution System and food subsidies to win votes. But there is no disparagement of these subsidies and schemes perhaps because those who have led the charge against social welfare policies regard themas examples of good governance by a party of the Right. Ideological divide This raises the questionwhy social welfare policies, which include an old-age pension of Rs.500 per month for the poor; free med- icines for all and a comprehensive right to treatment scheme; and the Chief Minister’s food security scheme, did not work in favour of the Congress in Rajasthan. None of them seems to have caught the imagination of the people. Some of themwere hurriedly pushed with no clarity about whether the implementation of these schemes will reach the intended beneficiaries. Not surprisingly, they failed tomake anelectoral impact as the overall development work was patchy and their benefits didn’t reach their intended beneficiaries. But the Congress defeat has given an opportunity to the neo-liberals to attack social welfare measures generally. Those opposed to welfare schemes would therefore tend tosee the Congress debacle as arising fromits welfare schemes, rather than from more obvious causes like inflation which blunted the positive effects of welfare measures, the loss of moral legitimacy on account of unbridled corruption, public alienation due to increasing disconnection frompeople’s expectations, and the crisis of leadership aggravated by dual power centres and a lack of synergy between the party and government. On secularism, Mr. Modi’s aggressive campaignhas strengthened majoritarianim- pulses and sharpened the ideological divide over it. The decision to nominate himas the BJP’s prime ministerial candidate was driven by the desire to tap into the Modi brand of polarising politics with its anti-Muslim tinge. If anything, majoritarian prejudice has been aroused during this election cam- paignby issues suchas the “burqa of secularism,” “love jihad,” status of Article 370 and so on. These issues infuriate and mobilise the core Hindusupporters. They add force to the majoritarian logic of a democratic polity even without the espousal of the Hindutva ideology upfront. Also, it is difficult to deny that concurrent with Mr. Modi’s rise in the BJP there has been a spate of communal violence across north India. There is more than the promise of “development” and “governance” at work here. As a final point, the Congress has to grap- ple with the long-termimplications of losing so much ground to the BJP in north India. Even though the four States account for only 72 parliamentary seats, they do indicate a trend of public opinion stacking up against the party beyond these States. To regain ground it needs to carry out radical changes in policy, strategy, organisation, and the communication skills of its leadership. It must pursue an agenda that promotes redis- tribution and safeguards secularismbut this can gain traction provided it refurbishes its credentials as the party of the aamaadmi. (Zoya Hasan is professor of politics at Jawaharlal Nehru University.) Welfare policies & electoral outcomes Zoya Hasan There is no disparagement of subsidies in Madhya Pradesh and Chhattisgarh because those who attack the social welfare policies of the Congress regard them as examples of good governance by a party of the Right Lokpal, a reality While politicians may hail the passage of the Lokpal Bill as a big step, they must not forget that it was the voice of the nation that has found resonance in Parliament; it was the tremendous support that Anna Hazare’s India Against Corruptionmovement had fromthe public, Gen-Next in particular, that has made all this possible. N. Ramamurthy, Chennai The fact that Union Minister Kapil Sibal has admitted that the law came about “in response to a surge in opinion in society” (Dec. 18) shows that the government is either willing or desperate to push for reforms to enable its image makeover in the final lap before the 2014 election. The credit, however, goes to Anna Hazare and his team who waged a relentless yet peaceful battle to get the Bill passed. The fact that almost all parties cooperated in getting it passed shows that they fear the voter. Janga Bahadur Sunuwar, Jalpaiguri The electoral debut of the Aam Aadmi Party inDelhi has resulted in the first corrective measure adopted by the Congress party after its recent poll debacles. It is heartening to see the arch-rivals, the Congress and the BJP, uniting to pass the Bill and compliment each other. Rahul Gandhi seems to be learning things quickly. Kiran Jose, Kottayam The amended Bill has broadly addressed almost all concerns of Team Anna. Though one can speculate over its timing, the fact that political parties have been gracious in offering their full support to it is heartwarming. It is time the AAPended all its “Jokepal” humour and got down to the business of governance. C.R. Krishnamurthy, Chennai AAP's predicament The AAP’s reluctance to form the government inDelhi reminds one of the principal character in Paul Gallico’s moving novel Mrs. 'Arris Goes to Parliament, in which a domestic helpdiscovers that getting elected to the House of Commons is one thing and participating in the discussions there is quite another. The poor lady finally decides to give up her seat. Arvind Kejriwal should understand that the electorate expects graft-free administration more than a fulfilment of election promises, many of which are anyway outlandish. He should accept Delhi Lieutenant Governor Najeeb Jung’s offer and form a minority government. N.R. Krishnan, Chennai Row with U.S. The only thing that is surprising about the diplomatic row between India and the U.S. is the hypocritical and collective wailing on the part of the Indian political class (Dec. 18). This is sucha minor footnote inU.S. news coverage and our so-called “high status” is largely imagined. Let us call a spade a spade, for a change. Countries in the West will never be our warm and fuzzy friends. What these nations want from India is the best of what we have to offer, like technical expertise in various fields and open markets for their products. Our relationship with them will be mostly economic in nature, and no more. We would do well to understand this and frame our policies and practices based on this “realpolitik,” rather than on some imagined and exaggerated sense of self-importance. G. Parameswaran, Coimbatore A recent survey by the Walk Free Foundation found that India has the largest number of modern-day slaves, followed by China and Pakistan. This shows that Indians, especially wealthy people, are accustomed to having domestic help. Also, we Indians are so used to lax laws in matters of protection of workers’ rights and bribery that we try to break the law eveninthe most powerful country and then expect to get away with it. A. Nihar, Guntur Would the U.S. have resorted to similar treatment if the diplomat was from China, or for that matter, even Pakistan? I doubt it. Leave aside the diplomatic row between the governments, did any Indian American or Non-Resident Indian in the U.S. protest against Ms Khobragade’s arrest? R. Venkataraman, Chennai We should have displayed similar spine during incidents involving George Fernandes, former President A.P.J. Abdul Kalam, envoy Hardeep Singh Puri and ambassador Meera Shankar. Kapil Dev Surira, Kannur Looking at the salary paid to consulate employees, it appears that Ms Khobragade — since transferred — draws an average salary. Considering the cost of living in New York, this is a meagre amount. I have lived in the U.S. for more than 20 years and I know how much an ordinary individual needs to make to ensure one has a decent life. Perhaps, the Indian government is partly responsible for what has happened, which led her to “save money.” Prime Minister Manmohan Singh must now confer with President Obama and resolve the issue at the earliest. What is at stake now is countless issues over which the U.S. can arm- twist India. Ramabhadran Narayanan, Coimbatore True, reciprocity is justified and may even be recommended in diplomacy, but it is better that it is tempered with studied and mature restraint, especially when one deals with a powerful country that is “friendly,” or makes a pretence of it. Of the six steps India has taken, the first two, namely, withdrawing diplomatic privileges and airport passes, could have served the purpose. We could have waited for a response, and then followed it up with the other four and harsher steps. As for the last one, removing barricades from outside the U.S. Embassy in New Delhi, it was an irresponsible measure, immature, and not in conformity with our national culture and tradition. Itty Varghese, Kottayam Sen on health care Nobel laureate Amartya Sen’s interview and his views on health care were valuable (Dec.18). All political parties including the AAP can profit fromhis expertise. China made rapid strides by spending around 3 per cent of GDP in this field. India has spent only 1.2 per cent and corrections can be made in the larger interests of the nation. C.P. Chandra Das, Kozhikode Health and education are two important tools in the economic development of the individual as well as society. Unfortunately, the policies followed by successive governments have reduced these two to commodities. While Dr. Sen wonders whether the Congress can be woken up, the BJP too has nothing to offer on these issues. K. Ganesh, Coimbatore Open defecation This refers to the editorial “Shameful neglect” (Dec. 7), highlighting the real and enormous consequences of open defecation in India. The challenge is indeed profound, so we worry that your diagnosis that “in the absence of toilets, more than 620 million people, or over half of India’s population, are forced to practise open defecation” underestimates its complexity. In our ongoing field research across rural north India into sanitation practices in India, we have observed that: although some families are indeed toopoor to construct a pucca latrine, people in rural India are also unlikely to make simple but safe and inexpensive toilets — unlike, for example in Bangladesh, where even very poor people manage to make a latrine of some sort. Additionally, many relatively prosperous families have not constructed a toilet, even though they could certainly afford one. Finally, even in many rural households that do own a working latrine, many people continue to defecate in the open. In many households, only children, the old, and the weak or sick, for whomit is difficult to walk far from the house, use latrines. Others use them to protect the modesty of young women or for the convenience of people who have to get ready quickly in the morning for a job outside the village. However, people who are young and healthy often report preferring to go in the fields or the jungle — inpart because of the widespread belief that open defecation is good for health, and that using a latrine is unpleasant or disgusting. The complexity of sanitation beliefs and practices is easy to overlook, especially when census and survey data only count latrines owned by households, not the behaviour of individuals. But mistaking a problem that is partially about access and affordability for a problem that is only about access and affordability — and thereby overlooking the challenges of changing ideas and changing behaviours — will not eliminate the deadly and enduring consequences of this practice. Diane Coffey, Aashish Gupta, Nidhi Khurana, Angshuman Phukan, Dean Spears, Nikhil Srivastav, Sangita Vyas, Research Institute for Compassionate Economics LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. I n a move that has surprised everyone, the Re- serve Bank of India in its mid-quarter monetary policy review has not changed either the policy repo rate or the cash reserve ratio (CRR). The repo rate remains at 7.75 per cent and the CRR at 4 per cent. On the eve of the policy statement there was an almost universal expectation that given the levels of inflation the RBI would most certainly hike the interest rate — signalling policy repo rate by at least 0.25 percentage points. Some also expected a change in the CRR. Liquidity levels in the system are comfortable. The extraordinary liquidity tightening measures that were introduced to support the rupee are being wound down. Liquidity conditions have also improved due to higher capital inflows from abroad in the wake of special facilities for banking capital and for non-resident Indians. With all other rates — the reverse repo, the marginal standing facility rate and the bank rate — being pegged to the repo rate and therefore remaining unchanged, the RBI has decisively opted for a status quo in its monetary and liquidity measures. The rest of the policy statement is an elaboration of this stance, which is based on the belief that monetary policy should not always be reactive. Inflation is no doubt a serious problem: CPI inflation stood at 11.24 per cent in November, its highest level since the new composite index was introduced. Head- line WPI inflation at 7.52 per cent has been moving up and is well above the RBI’s comfort level. Underpin- ning both are high food, especially vegetable, prices. The traditional belief that monetary policy will have little influence over supply side factors has been proved wrong, and irrespective of where inflationary pressures originate they need to be countered with all available policy measures. Persistent inflation reinforces inflation expectations. While maintaining that there is no room for complacency, the RBI feels it has enough reasons to wait and watch. For one thing, there is evidence that vegetable prices have started coming down. Second, the disinflationary impact of stable exchange rates will ease the pressure on prices. Finally, the lagged effects of monetary tightening since July should help. The decision not to raise the rates is obviously a debatable one. There is no room whatsoever for complacency. Should the moderation in prices not pan out as expected, the Reserve Bank says it will take action even outside the policy dates. The traditional policy dilemma of growth versus price stability remains. The latest policy statement reveals a more contemporary dilemma of whether to act immediately against inflation or wait for some time in the expectation of prices moderating. Timing is critical, and the RBI can be expected to remain vigilant. A wait-and-watch policy CARTOONSCAPE http://jobsalerts.in CM YK BG-BG FRIDAY, DECEMBER 20, 2013 10 THE HINDU FRIDAY, DECEMBER 20, 2013 BANGALORE EDITORIAL T hat the Andhra Pradesh Reorganisation Bill, 2013, to create a new state of Telangana would force a sharp regional divide in the Assembly and the Legislative Council was predictable and understandable. But nothing could reasonably have explained the din and disturbance in the two Houses after the Bill to bifurcate Andhra Pra- desh was introduced on the recommendation of the President. The very purpose of the section under Arti- cle 3 of the Constitution that mandates a reference to the State is to allow the legislature of the State whose boundaries are being redrawn to express its views on the issue. But instead of a debate, the Houses have only witnessed uproar, with some members tearing up copies of the Bill and some others burning copies. By not allowing a discussion, members belonging to the See- mandhra region who are votaries of a united Andhra Pradesh did their own case no favour. The surest way of making their views heard would be to participate in the discussion on the Bill, and to vote against it — not to prevent any discussion on it. If anti-Telangana members are convinced that they have the numbers to prevent the passage of a resolution approving the Bill, as they claim, then they should not shy away from a debate. Other than making a political point, nothing is to be gained by turning the Assembly and the Council into forums for protest. The place for agitations and protest rallies are outside, on the streets; the legislature is the place for reasoned arguments and purposive voting. Of course, one reason why the members who are against the Bill want to make just noise without debating and voting against it is that they see a vote against the Bill as having no more than symbolic value. While a Bill on the formation of new states has to necessarily be referred to the legislature of the State whose area or boundary is affected by the Bill, the vote of the legislature is not binding on Parliament. Even so, a vote against the Bill would give those opposed to the creation of Telangana greater moral authority and confidence to carry forward their agitation. Surely, a decisive vote against the Bill after a reasoned debate would better serve the cause of those who stand for a united Andhra Pradesh than a prolonged and unproductive session without any decision on the Bill. The Centre too would be informed of the sense of the House before pushing through a constitutional amendment to facilitate the creation of Telangana. The introduction of the Bill should be an opportunity for pause and reflection, and reasoned and frank debate. Both those who are for the Bill and those who are against it should not allow reason to be drowned out by the din. Drowning out reason O n the face of it, there is nothing in commonbetweenChina’s declaration on November 23 this year of an air defence identification zone (ADIZ) extending to territories it does not control and America’s arrest, strip search and handcuffing of a New York-based Indian womandiplomat onDecember 12 for allegedly underpaying a domestic help she had brought with her from India. In truth, these actions epitomise the unilateralist approach of these powers. A just, rules-based international order has long been touted by powerful states as essential for international peace and security. But there is a long history of major powers using international law against other states but not complying with it themselves, and even rein- terpreting or making new multilateral rules to further their geopolitical and economic interests. The League of Nations failed because it could not punish or deter some powers fromflouting international law. Today, the United States and China serve as prime examples of a unilateralist approach to international relations, even as they aver support for strengthening international rules and institutions. Disregarding global treaties Take the U.S. Its refusal to join a host of critical international treaties — from the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1997 U.N. Con- vention on the Law of the Non-Navigational Uses of International Watercourses, to the 1998 International Criminal Court Statute — has set a bad precedent. Add to this its international “invasions” in various forms, including cyber warfare and mass surveillance, drone attacks and regime change. Unilateralism has remained the leitmotif of U.S. foreign policy, regardless of whether a Democrat or a Republican is in the White House. Forget international law, President BarackObama bypassed evenCongress when the U.S. militarily intervened in Libya and effected a regime change in 2011 — an action that has boomeranged, sowing chaos and turning that country into a breeding ground for al-Qaeda-linked, transnational militants, some of whom assassinated the American ambassador there. Carrying out foreign military interventions by cobbling coalitions together under the watchword “you’re either with us or against us” has exacted — as Iraq and Af- ghanistan show — a staggering cost in blood and treasure without advancing U.S. interests in a tangible or sustainable manner. Meanwhile, China’s growing geopolitical heft has emboldened its muscle-flexing and territorial nibbling in Asia in disregard of international norms. China rejects some of the very treaties that the U.S. has declined to join, including the International Criminal Court Statute and the Convention on the Law of the Non-Navigational Uses of Inter- national Watercourses — the first ever law that lays down rules on the shared resources of transnational rivers, lakes and aquifers. America’s appeal to China to act as a “responsible stakeholder” in the global system undergirds the need for the two to address their geopolitical dissonance and the issues arising fromit. Yet, the world’s most powerful democracy and autocracy have much in commononhow they approachinternational law. Might remains right For example, the precedent the U.S. set in an International Court of Justice (ICJ) case filed by Nicaragua inthe 1980s still resonates, underscoring that might remains right in international relations, instead of the rule of law. The ICJ held that Washington violated international law both by supporting the con- tras in their insurrection against the Nicaraguan government and by mining Nic- aragua’s harbours. The U.S. — which refused to participate in the proceedings after the court rejected its argument that it lacked jurisdiction to hear the case — blocked the judgment’s enforcement by the U.N. Security Council, preventing Nicaragua from obtaining any compensation. The only major country that has still not ratified UNCLOS is the U.S., preferring to reserve the right toact unilaterally. Nonethe- less, it seeks to draw benefits from this convention, including freedom of navigation of the seas. For its part, China still appears to hew to Mao Zedong’s belief that “power grows out of the barrel of a gun.” So, it will not consider international adjudication to resolve its territorial claims in, say, the South China Sea, more than 80 per cent of which it now claims arbitrarily. Indeed, it ratified UNCLOS only to rein- terpret its provisions and unveil a nine- dashed claimline in the South China Sea and draw enclosing baselines around the Japa- nese-controlled Senkaku Islands in the East China Sea. Worse still, China has refused to accept the UNCLOS dispute-settlement mechanism so as to remain unfettered in altering facts on the ground. The Philippines, which has since 2012 lost effective control to a creeping China, of first the Scarborough Shoal and then the Second Thomas Shoal, has filed a complaint against Beijing with the International Tribunal for the Law of the Sea (ITLOS). Beijing, however, has simply refused to participate in the proceedings, as if it were above international law. Whatever the tribunal’s decision, Beijing will shrug it off. Only the Security Council can enforce any international tribunal’s judgment on a non-compliant state. But Chi- na wields a veto there and will block enforcement of an adverse ruling, just as the U.S. did in the Nicaraguan case. Even so, Beijing has mounted punitive pressure on Manila to withdraw its case, which seeks to invalidate China’s nine- dashed line. Beijing’s precondition that the Philippines abandon its case forced Presi- dent Benigno Aquino to cancel his visit to the China-ASEAN Expo in Nanning three months ago. Beijing’s new air defence zone, while aimed at solidifying its claims to territories held by Japan and South Korea, is provoca- tive because it extends to areas China does not control, setting a dangerous precedent in international relations. China and Japan, and China and SouthKorea, now have “duell- ing” ADIZs, increasing the risks of armed conflict, especially betweenJapanand China, in an atmosphere of nationalist grandstanding over conflicting claims. Japan has asked its airlines to ignore Chi- na’s demand for advance notification of flights even if they are merely transiting the new zone and not heading towards Chinese territorial airspace. By contrast, the Obama administration has advised U.S. carriers to obey the prior-notification demand. There is a reason why Washington has taken a different stance on this issue than its ally Japan. Although the prior-notification rule in American policy applies only to aircraft headed for U.S. national airspace, the U.S., in actual practice, demands advance notification of all civilian and military flights through its ADIZ, irrespective of their intended destination. If other countries emulated the example set by China and the U.S. to establish unilateral claims to international airspace, a dangerous situation would emerge. Before every country asserts the right toestablishan ADIZ with its own standards, binding multilateral rules must be created to ensure the safety of commercial air traffic. But who will take the lead — the two countries that have pursued a unilateralist approach on this issue, the U.S. and China? Convention and interpretations Now consider the case of the Indian diplomat, whose treatment India’s National Secu- rity Adviser Shivshankar Menon called “despicable and barbaric.” She was arrested as she dropped off her daughter at a Manhat- tan school, then strip-searched and cavity- searched and kept in a cell with drug addicts and prostitutes for several hours before posting $250,000 bail. True, this consulate-based diplomat enjoyed only limited diplomatic immunity under the 1963 Vienna Convention on Consular Relations. But this convention guarantees freedom from detention until trial and conviction, except for “grave offences.” Can a wage dispute between a diplomat and her domestic help qualify as a “grave offence” warranting arrest and humiliation? Would the U.S. tolerate similar treatment of one of its consular officers? The harsh truth is that the U.S. interprets the convention restrictively at home but liberally overseas so as to shield even the spies and contractors it sends. A classic case is the one that involved the CIA contractor, Ray- mond Davis, whofatally shot twomenin2011 in Lahore. Claiming Davis to be a bona fide diplomat with its Lahore consulate who enjoyed immunity fromprosecution, Washing- ton accused Pakistan of “illegally detaining” him, with Mr. Obama defending himas “our diplomat.” The U.S. ultimately secured his release by paying “blood money” of about $2.4 million to the relatives of the men. Despite a widely held belief that the present international systemis pivoted on rules, the fact is that major powers — as inhistory — are rule makers and rule imposers, not rule takers. They have a propensity to violate or manipulate international law when it is in their interest to do so. Universal conformity to a rules-based international order still seems distant. (Brahma Chellaney, a geostrategist, is the author, most recently, of Water, Peace, and War, Oxford University Press.) International law only for weaker states? Brahma Chellaney The harsh truth is that the U.S. interprets the 1963 Vienna Convention on Consular Relations restrictively at home but liberally overseas so as to shield even the spies and contractors it sends Khobragade episode The public outcry and India’s retaliatory moves following the unacceptable treatment meted out by the U.S. to our diplomat Devyani Khobragade, are justified (Dec.19). However, I fail to understand why there has been absolutely no word on the plight of the domestic help, who is also a victimof exploitation. There are many like her who suffer in silence yet have no one to speak up for them. Does any one think of Indian labour languishing in West Asia and the Far East? When there was a recent problemin Singapore, did the Indian government intervene? D.N.T. Rajan, Chennai The episode has all the ingredients necessary to endanger the prospects of Indian students going to the U.S. for higher studies and citizens travelling to the U.S on business and leisure. It is time India learnt to respect the labour laws of other countries. It is surprising that the Indian diplomat was not briefed about such things before she took up her U.S. assignment. N. Visveswaran, Chennai One recalls how diplomats of the erstwhile USSR and present-day Russia have always been treated with kid-gloves and given full diplomatic recognition even when they allegedly pursued activities like running espionage operations, forcibly deporting their citizens, poisoning and drugging others, etc., as detailed in former MI5 officer Peter Wright’s book, Spy Catcher and the FBI’s own annals. Had these diplomats been arrested and subjected to body checks, the retaliation by the KGB on U.S. diplomats would have been terrible. The U.S. understands and respects power. Hopefully, India should learn its lesson from the line: “Oh, East is East, and West is West, and never the twain shall meet.” Anandasubramanian C.P., Chennai The diplomat has two charges against her — visa fraud and low wage payment. If she is actually found guilty, the episode would turn out to be more embarrassing for India than for the U.S. In that case, America’s law enforcement should be commended for upholding a labourer’s rights even against a diplomat. The issue that remains is one of mistreatment. If found true, India should demand an apology precisely for this part and not for “dropping all charges,” as is the demand now. While it is not wrong to stand by our diplomat, the political class seems tobe blowing the issue out of proportion, with a view to exploiting public sentiment before 2014. Ironically, it is this very political class that treats bureaucrats much worse back home! Pranav Shekhar, Roorkee Immunity or not, the treatment meted out to the diplomat — similar to that of a petty criminal — was certainly not dignified. On her part, Ms. Khobragade didn’t seem to be doing anything out of the way to make the life of her domestic help difficult. It may not have been affordable for her to disburse “the minimum wage” to her help, with the kind of salary she, the diplomat, gets from the Indian government. We also do not seem to be taking into account the facilities of free housing, food and clothing given to the woman. One also needs to investigate whether the issue of minimum wage can be used as a pretext to harass the employer into getting a long-term residency permit. K. Anand, Kanpur AAP referendum The AamAadmi Party’s decision to seek a referendum on government formation (Dec. 19) — and the overwhelming response it has got — is another experiment that needs to be hailed; it is food for thought for psephologists. With its clear vision, the party is emerging strong, its source of strength being drawn from the aam aadmi and by empowering themtransparently. Subramanian V., Chidambaram Mr. Kejriwal’s decision is a disappointment. His understanding of democracy does not seemto be as clear as it should be. He should spare Delhi his idea of political romanticism and quickly get down to the task of government formation. Sonal Sindhu, New Delhi No coalition government, please! There must be a re-election, which is bound to fetch the AAP a clear majority. This is sure to bag the fence-sitters and those who didn’t vote. Sunil Suresh, Mangalore In case the AAP still does not form the government and goes in for a re-election, there is every great possibility that people will lose faith in the party. If it does form a government, it can run for at least six months and usher in a few changes based on its manifesto. Knowing this, there is no reason why the AAP should have gone in for a referendum. Time is money. Monica Bansal, New Delhi One shudders to think of what might happen if the AAP is in power. Will it seek people’s opinion in the same manner on every little issue that may crop up each day? A number of parties that began in a well-organised and well- managed way, disappeared with the same speed at which they appeared. The Kisan Mazdoor Praja Party of Acharya Kripalani, the Tillers and Toilers Party, the Praja Socialist Party, the Socialist Party of R.M. Lohia, Rajaji’s Swatantra Party, J.P.’s Janata Party and V.P. Singh’s National Front are examples of parties being led by men of greater eminence than Mr. Kejriwal but which vanished. If the AAP is to survive a re-election and nurse ambitions of entering Parliament, it must adopt meaningful norms in words and deeds and avoid gimmicks. Arulur N. Balasubramanian, Chennai Is the AAP Arvind Kejriwal and Arvind Kejriwal the AAP? The party won 28 seats. What about the other 27 members? Will they follow suit and support Mr. Kejriwal inhis agenda and ideology in the long run? The question is pertinent in the context of power politics and the era of coalitions in the country. Chandrashekhar Bisht, Panchkula Welfare & polls The article “Welfare policies & electoral outcomes” (Dec. 19) was a trifle disappointing. One could detect a pro-Congress angle with the BJPas the punching bag. It may be true that the Congress has been in the forefront of giving people fish but not the fishing rod. However, the Assembly election results this time are about change. M. Venkatesan, Chennai On language classes In an age where there is much hype over technical education, nobody seems to attach any importance to pursuing the arts (Opinion, Dec.19). There is no emphasis on studying any language, leave alone a comparative study of different languages. Multilingualism goes a long way in ensuring social harmony. If Mr. Agnihotri’s dream is to be realised, the attitude of parents and teachers has tochange. Vathsala Jayaraman, Chennai LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. A mid the furore caused by the arrest of Indian diplomat Devyani Khobragade in the United States, the release on Thursday of Indian sailors Sunil James and Vijayan by the authorities in Togo could easily have gone unnoticed. Both sailors were arrested in July this year — by all accounts, they had simply disembarked in Togo to report a pirate attack on their oil tanker. In an apparent instance of confusion, the Togo police charged them with the grave offence of aiding piracy. Criminal proceedings were initiated against both, and their families reliably informed that the trial would go on for an extended period of time. They were released after the Indian High Commissioner in neighbouring Ghana met the President of Togo to present their case. Given that the health of Mr. James and Mr. Vijayan had deteriorated, this diplomatic intervention by Indian and Togolese officials came not a moment too soon. Meanwhile, Mr. James’s son, all of 11 months old, died of illness earlier this month. By securing his release, the Indian government has ensured that the sailor gets to attend his son’s funeral. But it needs mention that the plight of the jailed men was taken up in earnest only after the death of Mr. James’s son came to the attention of the media and public. In this respect, a common thread runs through the arrests of Ms. Khobragade and the two sailors. Both cases indicate that Indian diplomacy has been too slow to respond to crises that were long in the making. Ms. Khobragade’s harsh treatment at the hands of U.S. authorities is a by-product of India’s inability to tackle a serious legal and humanitarian issue through diplomatic channels. If there was a chance to negotiate a mutually accepted understanding of how U.S. visa rules and minimum wage laws would apply to domestic help employed by Indian diplomats in the country, New Delhi did not exercise it. Similarly, Mr. James and Mr. Vijayan were languishing in a Togo jail for six months before South Block took up their cases. The alacrity with which the Ministry of External Affairs has intervened in Ms. Khobragade’s case sits uncomfortably with its lax attempts to resolve the open-and-shut case involving the sailors. India’s diplomatic establishment needs to formulate a policy that deals with the concerns of Indians abroad — not just of diplomats but of sailors, businesspersons, fishermen and others. As the global and business profile of India increases, it is only natural that more Indians find themselves in legal and diplomatic crosshairs around the world. Resolving their concerns effectively while deferring to the national laws of other states should be accorded a higher priority than has been in evidence. Waking up to human problems CARTOONSCAPE http://jobsalerts.in CM YK BG-BG SATURDAY, DECEMBER 21, 2013 10 THE HINDU SATURDAY, DECEMBER 21, 2013 BANGALORE EDITORIAL J ustice A.K. Ganguly’s holding on to his position as the Chairperson of the West Bengal State Human Rights Commission after being accused by a law intern of improper sexual advances may indicate a justified concern about his hard-earned reputation. Yet, it is clear he has also displayed a petulant unwillingness to recognise that his continuance does great damage to the institutional integrity of his office. After a three-member committee of the Supreme Court said it was of the considered view that the intern’s statement prima facie disclosed “unwelcome verbal/non-verbal conduct of sexual nature” on his part, the honourable thing for him to do must have been to stay away from public office. Yet, even after the gist of the committee’s report was made public by the Chief Justice of India, and after the intern’s affidavit was out in the public domain, presenting in embarrassing detail what had transpired in a hotel in New Delhi on December 24, 2012, Mr. Ganguly has been refusing to quit. West Bengal Chief Minister Ma- mata Banerjee has written to President Pranab Muk- herjee seeking his removal from the post and the Attorney General is preparing the terms for a reference to the Supreme Court, as is required for the removal of the chairperson of a State human rights commission. Mr. Ganguly will indeed get an opportunity to contest the allegation, but the process may lead to the appointment of an enquiry committee. He has to ask himself whether he wants to go through a formal inquiry at all. One would have thought he would spare himself such ignominy. It has now come to light that even before the three-member panel, while denying the allegations, he advanced a technical defence, saying the current sexual harassment law had been enacted only after the incident, and his alleged conduct did not constitute an offence at that time. When Chief Justice P. Sathasivam decided that no further follow-up action was required by the Supreme Court on the intern’s allegation, after finding that she was not on its rolls and the Judge concerned had retired before the incident, there was an impression that there would be no reso- lute action to pursue the case. The Supreme Court committee’s finding was in itself a clear moral indictment of Justice Ganguly and makes his continuation in the post untenable. The Chief Justice also made it clear that Justice Ganguly had no special immunity from normal investigative processes. The Su- preme Court’s decision to disclose the preliminary finding, embarrassing as it might have been to Justice Ganguly, was a welcome instance of transparency in its functioning. One hopes that Justice Ganguly will not be so unwise as to invite by his intransigence a formal order dismissing him for proven misconduct. Unwise intransigence A n empowered and high-profile om- budsman for India, a dream for long, is finally a reality. The millions of sceptics, including this writer, who believed that our lawmakers would never get down to vote for it have been proved wrong. This was an exercise that began 46 years ago. It took an eternity because of an obvious lack of political will and a fear of the unknown. Some of those who are powerful in our political firmament have a lot to hide. And they could not take a chance by creating what could perhaps prove to be a monster. Those who are now claiming credit for this heart-warming denouement of a heroic campaign are making a virtue out of necessity. The prospect of facing a knowledgeable and angry electorate in the next few months is what persuaded the two main political parties to sink their differences and ensure the smooth passage of the Lokpal Bill in both Houses of Parliament. Here, one cannot but acknowledge the stellar role played by Anna Hazare inkeeping up the pressure on the executive. You cannot fault him if he sounded unreasonable and stubborn at times. This was not a case of exhibiting ego, but one of conviction that a corruption-ridden nation needed an om- budsmanwithsingular focus onrestoring the credibility of a much-abused public service. However, this is not the time to lose track of the realities and gloat. There is a need to educate the commonmanonwhat he canand cannot expect from this new experiment. The chairman and eight members of the es- sentially anti-graft body will be selected by a collegium comprising the Prime Minister, the Speaker of the Lok Sabha and the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a sitting Supreme Court judge nominated by the CJI, and an eminent jurist. It will have jurisdiction over all public servants under the Union government, including the Prime Minister. In the case of the Prime Minister, a probe can be initiated only with the approval of two-thirds of the Lok- pal’s members. This stipulation is because of the apprehension of frivolous complaints being made mainly to unsettle a government in position. While it will have its own investigative wing, which will conduct a preliminary inquiry into a complaint received by it, the Lokpal can entrust such an inquiry to the Central Bureau of Investigation (CBI) or to any other agency. Significantly, the Lokpal can initiate prosecution through its own team. On autonomy Perhaps, the most welcome feature of the legislationis the empowerment of the Lokpal to provisionally attach any property suspected to have been acquired by an accused through illegal means. Such action will not have to wait until the prosecutionsuccessful- ly establishes the charge in a court of law. Strict exercise of this authority will certainly be lauded by the honest citizen, currently dismayed by the sight of corrupt public servants continuing to enjoy the fruits of their misdeeds even after being taken to task. But the Lokpal Bill comes as a disappointment to many of us who have been asking for greater CBI autonomy. Under the new dispensation, not muchwill change for the highest investigative agency, except that, withthe arrival of the Lokpal, the CBI will have one more master to be bullied by, taking the count to three. The director will no doubt be appointed by a larger collegium. (Now, he or she is chosen by the Appointments Commit- tee of the Cabinet comprising the Prime Min- ister and the Home Minister, after the Central Vigilance Commission (CVC) for- wards a panel, usually of three names.) Under the CVC Act and the Delhi Special Police Establishment Act, the CVC has the authority of superintendence over the CBI in respect of anti-corruption matters. Inductions to the CBI of and above the rank of joint director will still need the CVC’s nod. These are generally free of blame. But in the past, there have been a few questionable inductions and rejections of names suggested by the director, CBI (DCBI). It is strange that the latter has no untrammelled authority over what should be an internal matter. How can a director command respect if a few officers not of his choice are imposed onhimand against his will by a CVC acting in concert with the government? There is now the added restraint on him in the form of requiring the Lokpal’s approval for effecting transfers of officers investigating cases entrusted to the CBI by the Lokpal. There could be a conflict here and also the growth of divided loyalties. The ‘single directive’ Anofficer whomthe director wants to ease out of an investigation or from the organisation itself — of course for valid reasons — canshort-circuit the director and seek refuge under a Lokpal. This happens often with the executive (Department of Personnel and the Ministry of Home Affairs) sometimes inter- fering in matters that involve transfers. In the new order of things, a third player, namely the Lokpal, can indulge in mischief for a variety of reasons. A matter of anguishis the continued tyran- ny of the infamous “single directive,” where- by no officer of the Union government can be subjected eventoa Preliminary Enquiry (PE) by the CBI without the nod of the Ministry concerned, except in “trap cases,” where an officer is caught red-handed accepting a bribe. There have been instances of injustice being committed to officers of unsullied reputation by the CBI. This is no reason why the CBI should continue to be weighed down by this harsh stipulation, which, incidentally, discriminates between classes of officers. (Those below the rank of joint secretary do not enjoy the benefit of the “single directive.”) The “single directive” has the potential to compromise the confidentiality of information collected by the CBI against an officer. When the officer had engaged in dubious transactions in collusion with or to favour a minister, how can we expect the latter to give the green signal to the CBI to go ahead with a PE? This is the most persuasive argument against the “single directive,” which has been incorporated into the Delhi Special Police Establishment (DSPE) Act and is therefore inviolable. This is why the arrival of a Lokpal may not materially alter the sit- uationinrespect of corruptioninhighplaces. A silver lining is the placing of the CBI’s Director of Prosecution wholly under the control of the DCBI. At present, he is an officer fromthe Law Ministry, who owes his loyalties to the Law Minister rather than to the DCBI. The controversy over a Law Minis- ter’s alleged amendment of a CBI Progress Report to the Supreme Court in the coal block allocations case cannot possibly happen after the new law comes into place. This strengthens an incumbent DCBI who can rightly ignore the overtures of a meddling Law Minister wanting to bail out his government froma difficult situation. There are far too many grey areas in the new law for us to be able to predict whether the Lokpal will play an effective role. For instance, what will the relationship between the CVC and the Lokpal be like? There is scope for conflict between the two authorities when a CVC and the Lokpal refer the same matter to the CBI for inquiry. Both are statutory authorities, and may not always be expected to shed their egos. Where there is overzealousness on the part of either, the DCBI will be hard-pressed to please two authorities. The picture becomes muddier when you add an intruding Department of Personnel. I had long pleaded for a Lokpal which would look after personnel matters of the CBI (such as inductions and transfers) and a Department of Personnel which merely took care of budgetary allocations to the CBI. In my view, the CVC is a needless appendage — especially after the creation of the Lokpal — that only stifles the CBI without adding value to the quality of its investigations. Onthe whole, the Lokpal cannot be viewed as anything but a cosmetic imposition on a CBI that is craving for autonomy — without any great success. The commendable support to its cause by the Supreme Court is still in the realm of theory, with the Union government uninhibitedly rejecting all suggestions that the CBI be allowed to function unham- pered by the executive. Against this backdrop, I am of the view that the Lokpal will have only a marginal impact on corruption in high places. (R.K. Raghavan is a former CBI director.) A cure worse than the malady? R.K. Raghavan Not much will change under the new Lokpal for the Central Bureau of Investigation except that it will have one more master Diplomatic tensions Amid all the bluster and insinuations in the Indian media, the high journalistic standards of The Hindu stand head and shoulders above the fray in its excellent reporting of the Devyani Khobragade affair. Admirable coverage has beengivento the legal framework of the case. It is surprising that the complete and official U.S. Department of Justice charge sheet against the diplomat — and available for public scrutiny on its website — has not been published by any other media outlet in India. I believe that many of the questions and assumptions that are currently being so widely debated may be addressed by a full reading of the actual documents and charges concerned. [The link is at: http://bit.ly/1fKBqun] Christopher Poteet, Boston, U.S. As l’affaire Devyani Khobragade gets even more complicated, different voices are emerging from the U.S. Attorney Preet Bharara, who is central to the issue, and some other Indian Americans (writing in the American media) are trying to sound “more loyal than the king.” I wonder why no one has used this phrase so far for Mr. Bharara. At the risk of sounding politically incorrect, I reiterate that Mr. Bharara, in his observations against the Indian diplomat, is trying to sound belligerent and bombastic just to show himself as more American than the Americans. He talks of “evacuating” the maid’s family from India as if they were American nationals stuck in Syria or Sudan. Without going into the merits of the case, I think someone in the American establishment needs to rein in Mr. Bharara. S. Verma, Visakhapatnam The way in which Ms. Sangeeta Richard’s family members were “evacuated” fromIndia, as claimed by Mr. Bharara, makes it appear as if she were a mole planted in Ms. Khobragade’s house by U.S. spy agencies and then evacuated as a quid pro quo for any dubious activities she might have indulged in. S. Hariharan, Coimbatore In the American legal system, no one is above the law. Mr. Bharara has a reputation for taking on the mighty and powerful as the Attorney for the southern District of New York — an example being insider-trading and Steve Cohen of SAC Capital. Maligning him is grossly unfair. Finally, what did Ms. Khobragade do to invoke this kind of a response from the U.S. legal system? Rajesh Jain, Michigan, U.S. On view are two contrasting systems: one that treats all citizens equally and enforces its laws strictly, and the other that follows an antiquated, ill-understood and ill-enforced criminal justice system that treats the ruling class differently fromthe common man. Ms. Khobragade should have understood the consequences of visa fraud, which is a federal crime in the U.S. Asokan B., Chennai The diplomat was arrested as she did not pay her domestic help the wages at the rate determined by the U.S. government and as per agreement. Therefore, are salaries paid by Indian software giants in the U.S. in line with the wages fixed for similar jobs by the U.S. government? If not, what happens to them? Second, a large number of U.S. firms have manufacturing bases in China, Thailand, Vietnam, and so on, paying local wages. Being American entities, are they not contravening their own country’s minimum wage norms? Third, do American embassies in other countries pay the same wages as American workers are entitled to, to other foreign nationals working for them in these embassies? R. Vasudevan, Chennai The statement made by Mr. Bharara that “legal process has been started in India to silence her and attempts were made to compel her to return to India” is shocking. Being a legal professional himself, his display of utter disrespect for the Indian judicial system is most appalling. To make matters worse, a British-based peer is hogging the media limelight explaining how Indians do not respect domestic help, and in turn human rights, by paying “slavery wages,” and how America does not tolerate “slavery,” almost forgetting that slavery was rampant in America. It is unfortunate that both these gentlemen, of Indianorigin, appear to be born with a “colonial slave” mentality. For them, everything is wrong with the land of their birth. S. Prabhakar, New Delhi In 1709, the British Parliament passed the Anne Act, which is one of the earliest pieces of legislation guaranteeing diplomatic immunity to ambassadors and consuls. In Triquet vs Bath (1764), the defendant, a domestic servant of the Bavarian Minister to Great Britain, successfully claimed diplomatic immunity under the Anne Act and the judgment was delivered by Lord Mansfield. He relied on Buvot vs Barbuit (1737) wherein Lord Talbot declared a clear opinion: “That the Law of Nations, in its full extent was part of the law of England.” Indian authorities should inform the U.S. that diplomatic immunities were one of the earliest agreed principles of international law and should be adhered to by all nations. N. Balu, Kochi International law The article “International law only for weaker states?” (Dec.20) confirms the existential truth that a weak person/nation will never command respect and recognition. Today, America and China have clout precisely because of their economic strengths and then the ability to violate the norms of global treaties/ obligations, whenever and wherever their interests are at stake. India’s sovereignty will blossom only through its economic might. Parthasarathy Sen, New Delhi It reminds one of the message the recent American movie, Captain Phillips” sends out: “What belongs to America is American. What belongs to you is also American. What belongs to none is also American.” This reflects both the U.S.’s confidence and arrogance, manifested through its refusal to join global treaties and flouting international laws, including the Vienna Convention. Aijaz Hussain Malik, New Delhi A great Sahitya win R.N. Joe D’Cruz, who has won the prestigious Sahitya Akademi award for his novel Korkai, deserves accolades (Dec. 20). This is his second novel after Aazhi Soozh Ulagu. His work will help the next generation learn of the excellent conduct of their forefathers in coastal Tamil Nadu. We anxiously await his next novel, where Joe, an authority in logistics and shipping, must bring out the vibrant culture of the fisherfolk from the pearl fishery coast and who have controlled the shipping trade to a large extent, through the Tuticorin port. Tharcius S. Fernando, Chennai What a wonderful way to honour the seaside village of Uvari in Tirunelveli district, Joe D’Cruz hails from. His literary venture to highlight the historical and cultural importance of the fisherfolk of the southern coast, known for their rigidity and reverence, has been recognised. M. Xavier, Tirunelveli Ending the VIP culture This refers to the article “Ending ‘VIP culture’ in public governance” (Dec. 17). In the good old days, civil servants were often seen signing below the words, “I beg to remain, Sir, Your most obedient servant,” even in ordinary correspondence to the common man. Now, the practice has been given the go-by, as it was considered a colonial vestige. Though we attained independence more than six decades ago, the bureaucracy still has a feudal mindset. It follows a “Yes Minister” style and is hesitant to say “No, Mr. Minister.” This is the reasonfor all our woes inpublic governance. N. Srinivasan, Tirunelveli Follow Maharashtra In the midst of the din over the Lokpal and the terrible treatment of an Indian woman diplomat, something nice also happened in India. After a three-day debate, the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill, 2013, or the Anti-Superstition Bill, was passed (Dec.19). It is a joyful moment for the friends and family of Narendra Dabholkar and the Maharashtra Andh-Shradha NirmulanSamiti whichhas worked tirelessly to make this happen. It takes forward the work of mass education started by Mahatma Jyotiba Phule in the 19th century. Now that Maharashtra has shown the country the way forward, let us hope that enlightened ideas and progressive forces globalise India. Bhupendra Yadav, Bangalore LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. W hen the Ministry of Environment and Forests assessed the status of tigers, other predators and prey in India in 2006 and 2009, it wanted the exercise to become a robust baseline for future conservation programmes. The results published in 2010 claimed an improvement in estimated tiger numbers, at 1,706 individuals compared to 1,411 in 2006. Yet, there appeared to be a contradiction in this, as the geographical area occupied by the charismatic cat was reported to have decreased in some ranges, notably in some Central Indian States and parts of the Western Ghats. A fresh exercise to count the country’s tigers led by the Nation- al Tiger Conservation Authority has now been launched. This is an important project, given that India hosts the most number of tigers in the wild. What is interesting is that a mere 10 per cent of the habitat today hosts 90 per cent of the reproducing populations of the big cat. It is this area that needs rigorous monitoring on an annual basis, and not a general count once in four years. Also, the methods used should be open to independent scientific scrutiny, perhaps by a consortium of scientific institutions. Conservation science has come up with credible ways to estimate the density and occupancy of tigers and needs to be used rigorously. The NTCA already has access to research strategies formulated by leading tiger scientists for a focussed monitoring protocol to track source populations of tigers — those that are crucial for the survival of the species. It should employ them fully. One of the criticisms of the scheme to sample tiger densities — which cost about Rs.12 crore in 2006 according to published accounts — is that it is likely to ignore sharp and rapid declines in populations. The methodology being used since 2006, including camera traps is, of course, an improvement over the unscientific analysis of pugmarks employed for nearly three decades. But the monitoring should be a targeted annual exercise that yields good data to inform policy. At present, although a lot of information is generated for the entire tiger habitat, it does not yield insight into areas of high density. A scientific consortium approach may therefore prove rewarding. Karnataka, for instance, has benefited from involving top scientists in conservation. Given the limited scientific resources at the disposal of the Environment Ministry, and the large external pool of science-based conservation organisations, there should be no hesitation to broaden the scope of monitoring. It is equally important to involve local communities, choosing volunteers who can be trained and deployed along with scientific personnel. Counting tigers more accurately CARTOONSCAPE http://jobsalerts.in CM YK BG-BG MONDAY, DECEMBER 23, 2013 10 THE HINDU MONDAY, DECEMBER 23, 2013 BANGALORE EDITORIAL T he Maharashtra government’s decision to reject the findings of a judicial commission that has indicted four former Chief Ministers and a dozen civil servants for extending illegal patronage to the controversial Adarsh Cooperative Hous- ing Society constitutes a brazen display of political arrogance. It is in line with its propensity to cover up scandals and question even credible findings. What comes out in the report is the sordid story of political patronage, misuse of power and subversion of law in the perpetration of the Adarsh fraud. The project involved erecting a multi-storeyed residential complex on public property, ostensibly for defence personnel. Yet, beginning with the housing society’s membership, every norm was violated, and every rule in the book either twisted or violated to favour a few. The original list of 40 members had no one from outside the services, but it was soon expanded to cover bureaucrats, politicians, their relatives and army bigwigs. By the time the apartment complex was completed in 2010, the list of beneficiaries had swollen to 102, of which only 37 were related to the defence department. Politicians and bureaucrats con- nived with the housing society to circumvent development control rules and get a completion certificate, overlooking the need for mandatory environment clearance. The commission, comprising retired judge J.A. Patil and former Chief Secretary P. Subrahmanyam, has come to the same conclusion as the Comptroller and Auditor General did in a report two years ago. If the audit found that those holding fiduciary responsibility had betrayed it for personal aggrandisement, the commission says the entire issue “smacks of undue haste and [a] desire to bestow benefit on the society”. The government’s rejection of the report came a few days after Maharashtra Governor K. Sankaranarayanan refused sanction to prosecute former Chief Minister Ashok Chavan, who had quit in the aftermath of the controversy. The Gover- nor’s stand that there is insufficient evidence flies in the face of the judicial panel’s finding that there was “a nexus” between Mr. Chavan’s actions and “the benefit derived by his close relatives”. The need for such sanction for offences under the Indian Penal Code is itself legally questionable, as the Supreme Court ruled in 2006 that prosecution for cheating and conspiracy required no prior sanction. And Mr. Chavan is no more in office, obviating the need for sanction under the Preven- tion of Corruption Act. On the political front, what is inexplicable is that at a time when the national mood is one of disgust at pervasive corruption and when the Congress is seeking credit for the passage of the Lokpal Bill, a government led by the party should brazen it out in the face of a fierce indictment. Political arrogance on display T he arrest of Indian Deputy Consul- General Devyani Khobragade in New York and the alleged mistreatment she faced have resulted in a diplomatic row between India and the Unit- ed States. The Indian stance, after initial as- sertions that she enjoyed “diplomatic status” and that she should not have been arrested, now appears to focus on the manner of her arrest and her subsequent treatment. The U.S. has sought to justify the arrest on the grounds that the proceedings do not relate to Ms. Khobragade’s official acts, and has as- serted that it followed the “standard procedure” in relation to her treatment. On the diplomatic front, India is reported to have initiated some tough measures, including the removal of security barriers around the U.S. Embassy in Delhi. Question of immunity At the outset, it is important to draw a distinction between diplomatic agents of states and consular staff. While the 1961 Vienna Convention on Diplomatic Relations covers the privileges and immunities of diplomatic agents, the treatment that consular staff are entitled to is laid down in the 1963 Vienna Convention on Consular Relations. As the Deputy Consul-General at the Indian Consulate inNew York, Ms. Khobragade was, at the time of her arrest, a member of consular staff, and not a diplomat. Unlike the 1961 Convention, which vests diplomatic agents with absolute immunity fromarrest, the 1963 Convention states that “Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decisionby the competent judicial authority” (Article 41 (1)). Article 43 of the Convention goes on to vest consular officers with immunity from jurisdiction of the receiving State in respect of official acts. It is evident that the allegations against Ms. Khobragade relate to her personal and not to her official acts. This means that she is not immune from the jurisdiction of U.S. courts inrelationto this allegation. However, this in itself does not render the arrest legal. There may be situations where a country may have jurisdiction to try an offence, but an arrest would violate international law. An Indian domestic law analogy may be one where the police station has jurisdiction to investigate an alleged offence, a magistrate’s court may have the power to try the case, and yet an arrest may be illegal due to various reasons like the lack of a warrant where required, or arrest of a woman after sunset. Similarly, for Ms. Khobragade’s arrest to be legal, in addition to the U.S. possessing jurisdiction to try her for the offence, it needs to be established that the conditions laid out in Article 41(1) are satisfied: (i) that her arrest relates to a “grave offence” and (ii) her arrest was pursuant to a decision by a competent judicial authority. The 1963 Convention does not define what qualifies as a “grave offence.” However, the rejection of an initial draft that suggested that arrest be restricted tooffences that carry a maximum sentence of five years or more indicates that the Convention leaves it to each State to determine, under its own domestic law, whether an offence amounts to a “grave” one. The charges that have been levelled against Ms. Khobragade are categorised as felonies in U.S. law. This may be sufficient to meet the requirement of a “grave offence.” As per the documents published in The Hindu, her arrest was pursuant to a warrant issued by Hon. Debra Freeman, United States Magistrate Judge for the southern District of New York, a judicial authority. Thus, both the requirements imposed by the 1963 Convention for the arrest appear to have been met. Even if the arrest was legal, her treatment including handcuffing and a strip-search could amount to violations of Article 41(3) which requires that criminal proceedings against a consular officer be conducted “with the respect due to [her] by reason of [her] official position.” In sum, the arrest itself appears to be legal. However, a challenge to the manner of the arrest and the subsequent treatment may be tenable. Retaliatory measures India has reportedly taken the following retaliatory measures: (i) removal of security barricades around the U.S. Embassy in New Delhi, (ii) withdrawal of airport passes and import privileges (iii) identity cards issued to U.S. diplomats to be turned inand (iv) refusal by several leaders including the Speaker of the Lok Sabha and the National Security Ad- viser to meet a visiting U.S. Congressional delegation. Some politicians have also suggested prosecution of same-sex partners of U.S. diplomats. While some of these measures such as refusal to meet the delegation or withdrawing discretionary privileges are merely political in nature and are best left to the discretion of such politicians, other steps like reducing security measures at diplomatic premises and embassies may violate international law, specifically Article 22(2) of the 1961 Conven- tion that imposes a special duty upon the host State (i.e., India) to take all appropriate steps to protect the premises of the mission against intrusion or damage, or disturbance of peace or impairment of its dignity. Even presuming that the U.S. government is in breach of its international law obligations, it does not warrant retaliationby India, by means which breach international law. International law allows countermeasures (breach of international obligations in response to a breach by the targeted country) only as a last resort and in very narrowly defined circumstances. The only options available, that are viable in international law, are a withdrawal of discretionary privileges, declaration of certain members of the U.S. diplomatic and consular staff as persona non grata (which may be considered too drastic a step) or recalling of Indian consular staff and diplomatic agents posted in the U.S. In terms of international dispute settlement, India has few, if any, legal options. Recourse to the International Court of Jus- tice (ICJ), the only possible option, is not available in this case (unless the U.S. con- sents to the same), since the U.S. has not accepted the compulsory jurisdiction of the ICJ. While the two countries attempt to iron out their differences through diplomatic and legal channels, Ms. Khobragade can, if she and the government of India so desire, avoid further encounters with the U.S. authorities by remaining in the Indian Embassy or the premises of the Permanent Mission of India to the U.N., which cannot be entered by U.S. authorities without authorisation from India. Obligations of India and Indians Notwithstanding the several privileges and immunities Indiandiplomats and consular officers are entitled to, they have a corresponding duty under the 1961 Convention and the 1963 Convention, to respect the laws and regulations of the host State. Irrespec- tive of how Ms. Khobragade was treated by U.S. authorities, we must not forget the original allegation that she is in violation of U.S. law. This possible violation of host State law needs to be investigated by Indian authorities. It is imperative that India develop a framework to address misconduct of Indian officials abroad, who have been exempted from prosecution due to consular or diplomatic immunity. Though not an obligation under international law, such a step by India will go a long way as a goodwill diplomatic gesture. It will also ensure quick responses from other countries when pleading immunity onbehalf of a national, since there would be an assurance that the offender would face legal consequences in one or other jurisdiction. Also, India’s latest step of re-designating Ms. Khobragade as a diplomatic agent to the U.N., with a view to bring her under diplomatic immunity, may be viewed internationally as an abuse of the international legal process, given that Section 14 of the 1946 Convention on the Privileges and Immuni- ties of the United Nations (which governs immunities of representatives of the Mem- bers to the U.N., since the 1961 Convention is silent on it) expressly states: “Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Na- tions. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representative in any case where the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.” (Deepak Raju recently graduated with an LLM in international law from the University of Cambridge. E-mail: [email protected]; Rukmini Das is a research fellow at Vidhi Centre for Legal Policy, New Delhi. E-mail: [email protected]) An abuse of immunity? Deepak Raju and Rukmini Das Notwithstanding the several privileges and immunities Indian diplomats and consular officers are entitled to, they have a corresponding duty under the 1961 Convention and the 1963 Convention to respect the laws and regulations of the host State Rahul on corruption It is amusing that Congress vice- president Rahul Gandhi has suddenly remembered the issue of corruption (Dec. 22). Has he forgotten that scams were at their peak during UPA-I and -II? His speech to India Inc. can at best be labelled an election gimmick; it lacked essence and failed to report what measures the government has taken to contain corruption. He should understand that people today are politically aware and want performance. Kshirasagara Balaji Rao, Hyderabad Would Rahul have held forth on corruption had the Congress won the recent Assembly elections? It is amazing that he has spoken the way he has considering the fact that it is the UPA government that is the fount of the river of corruption. He could have been Prime Minister ManmohanSingh’s voice of conscience when the scams erupted like a chronic rash. S. Sankaranarayanan, Chennai He seems to openly accept the incompetence of the Congress government in dealing with corruption. He may soon say something similar about terrorism and describe how it is another handicap! He must realise that India Inc. is just a small part of the political landscape. People want results, and one wonders how seriously they will take his remarks. V.S. Ganeshan, Bangalore language teaching methods in schools have to be changed. Rocky Ranjan Bharti, Hyderabad Based on my experiences of such engagement with university students, these approaches of teaching are what Professor Agnihotri rightly calls a “boring and massive waste of human energy and resources.” Most engineering students in my class always assumed “my father name” without the possessive ‘s’ for father and “many peoples” instead of ‘people’ — the outcome of a mechanisation of teaching plural formation and neglecting multilingualism. Multilingual settings and what we call “L1 interference,” which many of us assume and treat as a problem, is an asset in understanding the nature and structure of language. Most research on language acquisition hardly subscribes to any mechanical exercise as a facilitator for language learning. M. Ashraf Bhat, Greater Noida Correction The article headlined “A punitive sexual security apparatus” (Opinion, Dec. 21) said rapes and sexual assaults this year have been caught under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It should have been the Criminal Law (Amendment) Act. The error was introduced during editing, and is regretted. Under jail manuals, parole or furlough is to be granted only under exceptional circumstances. It is time the Supreme Court framed guidelines on the granting of parole. K. Pradeep, Chennai New ways, old rules Any language is joyful if learnt with enthusiasm(“New ways of learning old rules,” Opinion, Dec, 19). English, for example, opens new doors of knowledge to a learner. As a language, it is flexible and accommodating. Being a student in the Marathi medium, I was once a victimof the formula of rigid language learning. It is strange that in 2013, the centenary year of Tagore winning the Nobel Prize for Literature (1913), India has failed to produce more laureates in literature. The media must play an active role in widening the ambit of language awareness. Abhishek S. Chapanerkar, Pune Students must realise that grammar develops analytical and cognitive skills. I recently faced this situation. I always felt that I had a strong command over Hindi until I appeared for the Civil Services (Mains) examination this year. Hindi, the Indian language paper I had chosen, was a nightmare. Five of six questions — essay writing, comprehension, précis writing and translation — were designed to test one’s analytical and comprehension skills. It made me realise that If the party wants to have another shot at power in 2014, it should cancel all benami transactions, sell these flats at market rates througha transparent and electronic tender, and use the money to ensure “affordable” housing to some among Mumbai’s innumerable slum-dwellers. This will at least demonstrate that the Congress “will walk the talk.” A.D. Vasudorairaj, Bangalore The report indicting senior politicians in power and senior administrators shows that integrity and fair play will always be sidelined. It is a sad reflection especially on the bureaucracy that is not expected to yield to any political pressure, all the more when there is a disbursal of undue benefits. There has to be a greater cleansing of the system. Y.S. Kadakshamani, Madurai Parole too often? This refers to the report “Sanjay Dutt goes home on parole” (some editions, Dec. 22). The Bollywood actor appears to be going home too often rather than serving his sentence in jail as others who are convicted would do. While he may have his personal reasons, one is equally sure that other prisoners may have similar emergencies. In a systemwhere the rich and the poor are to be treated as equal, “influence-enza” is becoming a reason to exploit loopholes. How canlaw-abiding citizens approve of such a discriminatory privilege? H.N. Ramakrishna, Bangalore It is reassuring to know that Mr. Gandhi has diagnosed corruption to be the main reason for his party’s humiliating defeat. Mercifully, he has not blamed his partymen for organisational and motivational deficiencies. But, like other politicians, he too seems to be cultivating the art of practising the opposite of what he preaches. People will no longer be swayed by empty rhetoric. R. Narasimhan, Chennai Rahul Gandhi’s sudden realisation about corruption is in sharp contrast to what the Prime Minister told an international conference organised by the CBI in November. How can we forget Dr. Singh’s note of caution to investigative agencies that probing corruption should not hamper growth, a caution that was later echoed by the Union Finance Minister? What are we to make of all this? Is it that the government is reconciled with corruption but the party is not? A.P. Govindankutty, Thrissur Adarsh scam It is ironic that while the Congress vice-president has highlighted the issues of corruption and discretionary powers as the hurdles to good governance (Dec. 22), the Maharashtra Cabinet has rejected the report of the Adarsh Commission of Enquiry and the State Chief Minister has called it “a difficult and unhappy episode.” It appears that the Congress is now intent on losing Maharashtra! LETTERS TO THE EDITOR I t was supposed to be the Damocles’s sword hang- ing over global markets, including that of India’s, over the last few months. Ultimately, when the U.S. Federal Reserve did announce the start of a tapering of its $85 billion monthly bond-buying programme on December 18, the event set off nothing more than minor ripples across global equity and currency markets. Does the credit go to the Fed for preparing the markets for the winding down of quantitative easing? Probably yes, because it has been talking about the tapering process for the last six months. Yet, the absence of turbulence can be attributed to two main reasons. One, of course, is that the markets had already dis- counted the fact that a wind-down of the bond-purchase programme was imminent and factored that into their valuations. Second, and more important, is that the start of the tapering process is a clear signal that the health of the U.S. economy, which is the global economic engine, is getting closer to normal. To be sure, Fed Chairman Ben Bernanke, who is retiring next month, has started with a modest $10 billion scale-back in bond purchases and has resolved to maintain short-term interest rates at near-zero levels to stimulate growth. His clear guidance that the stimulus will be gradually wound down over the next one year has also been a factor in calming the markets. The Indian markets reacted to the news with minor turbulence on December 19. The Sensex declined and the rupee wobbled a bit but they both regained their balance on December 20. This is in sharp contrast to the turmoil that they experienced when the T-word was first mentioned by Mr. Bernanke in May. That is because the intervening period has seen a smart turnaround in In- dia’s external account. The current account deficit fell to 1.2 per cent of GDP in the second quarter from a high of 4.9 per cent in the first; it is projected to be 3 per cent or less for fiscal 2013-14, which is a vast improvement over the last year. GDP growth has rebounded in the second quarter to 4.8 per cent, though the growth impulse continues to be weak. Foreign currency reserves have also been augmented through a series of measures initiated by the RBI. While these explain the equanimity in the markets, the fact is that the clouds have not lifted entirely yet. As the tapering process gathers steam over the next few months, there is bound to be both a pull-out of capital from India and reduced allocations for fresh investment as funds chase rising rates in the U.S. This means the current account deficit has to be managed by pushing exports more, especially to a resurgent U.S., and by taking steps to attract fresh foreign direct investment. Policymakers, including in the RBI, need to address these challenges. The beginning of taper CARTOONSCAPE http://jobsalerts.in CM YK BG-BG TUESDAY, DECEMBER 24, 2013 10 THE HINDU TUESDAY, DECEMBER 24, 2013 BANGALORE EDITORIAL T he Aam Aadmi Party’s journey from mass movement to political office in just one year is without a parallel in Indian electoral history, reflecting as it does a popular yearning for change from the models of governance on offer today. A disenchanted electorate is clearly behind the resounding mandate to the Arvind Kejriwal-led party which made an ambitious leap from the anti-corruption movement of Anna Hazare. Yet, history has been made and the AAP is now poised to form a government in Delhi with Mr. Kejriwal as Chief Minister. The Bharatiya Ja- nata Party, which was ahead of the AAP by three seats, wisely decided not to form a government through horse- trading and the Congress did not have the numbers. Given the high moral ground on which the AAP had placed the game of government formation, the BJP could not afford to be seen as any less righteous than the AAP. Yet, the AAP itself was caught in a quandary having declared in the electoral run-up that it would not seek or offer support to the Congress and the BJP. But going back to the voters for a fresh mandate was not an option because that would have been a betrayal of the faith the voters had reposed in the AAP — a first-time party that had come within a whisker of power because of the hope it offered for political renewal and transformation. The situation actually offered Mr. Kejriwal the opportunity to put in practice a major manifesto promise: to get the people’s feedback on issues of importance. With the message from the Jan Sabhas a resounding ‘yes’ for government formation, the next step was for Mr. Kej- riwal to offer to form a government with outside support from the Congress. The idea of a referendum itself was refreshing as a method of seeking the people’s endorsement of the way forward in this complex situation. It is also a vital instrument of verifying public opinion that is missing from today’s democratic political practice in India. Mainstream parties seem to be increasingly out of sync with the dramatic changes on the ground that indicates the soaring aspirations of new social groups. The AAP has correctly gauged the potential and power of this transformative energy and indeed, sees itself as giving political expression to it. Mr. Kejriwal is admittedly hamstrung by having to take support from the Congress, which the AAP had denounced as irredeem- ably corrupt. However, even with this constraint, he can bring about substantive changes in governance, starting with putting an end to the much-detested VIP culture. While the first breakthrough is definitely the passing of the Lokpal law, there are still several promises that the AAP must keep. The real test of the AAP’s commitment to clean politics and transparent governance begins now. Transformational politics I n Koushal v Naz, a two-judge bench of the Supreme Court overturned a 2009 decision of the Delhi High Court decriminalising sodomy by Section 377 of the Indian Penal Code. In doing so, it has recriminalised every Indian who has ever had oral or anal sex (irrespective of the gender of the person they had it with, and irrespective of consent). Koushal represents twostructural failures of the Supreme Court, at least one of which has sometimes been commended as a great success by some commentators. The first structural failure is the near-total abandon- ment by the Supreme Court of the principle of separation of powers, and its transformation into a populist, legislative court of governance. The second failure, one that flows fromthe first one, is the court’s routine dere- liction of its duty to give reasons for its decisions. Let me explain both of these failures in turn, and how they have facilitated the decision in Koushal. Playing to the gallery In Koushal, the court could barely conceal its disdain when it described lesbians, gays, bisexuals and transgendered people as “a minuscule fraction of the country’s population” with “so-called rights.” This may seem bizarre to those of us who believe that one of the primary functions of unelected constitutional courts is the protection of vulnerable minorities from majoritarian excesses. Clearly, a “minuscule” minority should be of particular concerntoa counter-majoritarian institution. The court’s position is easier to fathom if understood in the context of its history following the Emergency imposed by Indira Gandhi. During the Emergency, the court agreed tothe suspensionof Habeas Corpus, a fundamental right against the arbitrary detention of citizens by the state. After the Emergency, the court started to reinvent itself to gain institutional legitimacy. This reinvention was, however, not in terms of pitting itself against the representative organs of the state, but by competing with these organs. The process, which began in the 1980s, only intensified in the 1990s which saw an end to one-party-dominance in politics. Coalition politics and weak legislatures remain a feature of our politics to this day. The court, in the meantime, became a populist institution of governance — stepping in to fill the void left by an increasingly dys- functional Parliament. In a country where the majority of the population suffers significant disadvantage, majoritarianism can often become aligned with “progressive” politics. A majoritarian court continued to play to the gallery and wreaked havoc on the principle of separation of powers. It should not surprise us that this majoritarian populist institution found it impossible to respect the “so-called” rights of a “minuscule” minority. Of course, our courts have sometimes stood upfor minority rights. So has Parliament. What matters here is the self-image the court has been allowed to cultivate, whichoverwhelmingly determines its institutional course of action. This self- image is not that of a counter-majoritarian institution correcting the excesses of democracy, but one that is acutely conscious of the reception of its judgments by the people (such consciousness extends only to the outcome of a case, not its reasoning). Under this model, if representative bodies did a good job of representing the people, the courts would be unnecessary. The court is a political actor, whichwants tobe judged as politicians are judged. Its legitimacy rests on popular acceptance, not constitutional mandate. This political context explains, rather than complicates, how the bench in Koushal suddenly discovers the joys of separation of powers. The court first extends the presum- ption of constitutionality to a pre-constitutional colonial law by suggesting that the democratic Parliament has “adopted” it by failing to amend it. It specifically mentions a 2013 legislation amending the law dealing with sexual assault as proof that “the legislature has chosen not to amend the law or revisit it,” ignoring completely the fact that there was no need for Parliament to do so after the Delhi High Court had read down Section 377 to exclude private sex between consenting adults from its ambit. That the 2013 legislation was enacted after the hearing in Koushal was concluded, thereby af- fording no opportunity to the parties to challenge its use by the court, is another matter. This ostensible deference to democratic will is an opportunistic fig leaf of a populist court with little more than contempt for the representative institutions of democracy. In an act of concluding magnanimity to the legislature, the final sentence of the judgment grants it permission to consider the “desirability and propriety of deleting section 377.” The fact that it thought such a clarification was necessary tells us that this is not a court deferential to the legislature — this is a court with unhesitant pretensions of being the legislature. Duty to give reasons A key feature of adjudication is the public articulation of reasons after hearing principled submissions by the parties involved, on the basis of which a judge arrives at her decisions. In this respect, adjudication dif- fers from voting, which allows a decision- maker to decide without having to articulate her reasons (or even without having any reason). The following factual inaccuracies, un- supported conclusions, and omissions in the judgment are particularly noteworthy inthis regard: a. The court records the government of India’s position on the case as one defending the criminal provision under review. This, despite the fact that the government had chosen not to appeal the High Court ruling, and its top lawyer — the Attorney General of India — had clearly told the bench that the government supported the High Court’s de- criminalisation of adult consensual sex. Re- markably, the court describes the Attorney General as “amicus.” This suggestion in the judgment that the Attorney General was simply a friend of the court appearing in his personal capacity forced him to publicly clarify that he had very much represented the government’s official position in the case. b. The court found itself able to ignore the voluminous material placed before it to conclude that there was no evidence to show that “homosexuals, gays, etc., are being subjected to discriminatory treatment either by State or its agencies or the society.” c. Long-standing precedent is clear that Article 14 (right to equality) of the Constitu- tion requires every legal classification to be based on an intelligible differentia and have a rational nexus with a legitimate state objective. The court, while repulsing the Arti- cle 14 challenge, finds it sufficient to say that the classification between “[t]hose who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature” is intelligible. It wastes no ink trying to identify the state objective being pursued, or asking whether the measure has any nexus with that objective. d. Even this half-hearted attempt to give reasons is not made when rejecting the Arti- cle 15 (right against discrimination) challenge. No reasons whatsoever are provided. e. The way the court deals with the challenge under Article 21 (the right to life and liberty) is even more curious. After devoting several paragraphs quoting established precedents on Article 21, the court makes no specific finding with respect to Article 21! After these block quotations, the court moves seamlessly to simply assert that the use of Section 377 to “perpetrate harassment, blackmail and torture” is “neither mandated by the section nor condoned by it.” How the preceding six paragraphs setting out the established doctrine under Article 21 help the Court reach this conclusion, and how this conclusion repels the Article 21 challenge, is anybody’s guess. The hearing in the case concluded in March2012, and the judgment was delivered in December 2013, the day before the senior judge on the bench was due to retire. A cava- lier attitude to its duty to give reasoned judgments is not uncommon in the court’s jurisprudence. Although unfortunate, this is hardly surprising. The pressure of its work- load also results in the constitutional requirement that any constitutional case involving a substantial question of law must be heard by at least five judges (Article 145) being routinely ignored (including inKoush- al). Only 0.12 per cent of all cases disposed of by the court between 2005 and 2009 were decided by a bench of five judges or more. Given such volume, what is surprising is the respectable number of cases where our judges do manage to give reasoned judgments. The fragmentation of the court into small benches deciding thousands of cases every year had led toa situationwhere evena conscientious judge would find it next to impossible to respect stare decisis, the duty of the court to apply previous decisions (i.e. precedents). For less conscientious judges, the opportunity to cherry-pick precedents is limitless. Furthermore, the academy simply cannot keep up with the judicial assembly line. Aca- demic criticism is the real check on judicial power ina democracy. Inthe Indiancontext, academics are forced to focus on the outcome of the cases alone — only a handful of cases (like Koushal) that really stand out receive proper academic attention. The outrage that this judgment has inspired among politicians, activists and academics presents an opportunity to rethink the fundamental structural weaknesses of the Indian Supreme Court. Most of the recent debate on the reform of the court has focussed on changing the appointment systemof judges (currently, the court appoints its own judges) and dealing with the lack of diversity in the judiciary. While who gets to be a judge is an important issue, unless these structural infirmities are addressed, even Herculean judges cannot change the situation very much. The court needs to reaffirm its central counter-majoritarianpurpose ina liberal democracy. It must do less and do it well. It must stop voting and stick to adjudicating. (Tarunabh Khaitan is the Hackney Fellow in Law, WadhamCollege, Oxford.) The legislative court The court needs to reaffirm its central counter-majoritarian purpose in a liberal democracy. It must stop voting and stick to adjudicating Tarunabh Khaitan Nurture vs nature While the Supreme Court and Dr. Mohana Krishnaswamy (OpenPage, Dec. 22) are free to express and voice their views, on homosexuality, I believe that “criminalizing” homosexuality is keeping the gates open for oppression of the LGBT community. Historically, Indian society has been very open-minded. However, over the years, our vision has narrowed and we have tried to uphold traditions, without sufficient proof to back our claims. Our historical texts are replete with descriptions and references to transgenders. There are even sculpture pieces and engravings at historic monuments that depict acts of homosexuality. Though we have not had convictions for homosexuality, Section 377 of the IPC still leaves the possibility for the arrest and trial of people engaging in homosexuality. This is quite unfair to them, just because a section of society believes it is unnatural. Dr. Krishnaswamy has given the example of a person having six fingers. Do we call such a person a criminal? Why cannot we have such anopiniononhomosexuality as well and leave it at that? The “against the order of nature” clause in Section 377 is open to so wide an interpretation that it is equally possible to bring under it a fairly large number of married men and women, and who are “natural and normal,” within the ambit of engaging in unnatural sexual practices. Calling homosexuality “unnatural” is itself questionable. There are instances of homosexuality in the animal kingdom, which have been documented. Finally, we donot have a gene for homosexuality as yet. But would the world accept homosexuality instantly if we found one tomorrow? Ameya Paleja, Hyderabad It is ironical that a person from the medical field finds enough and more reasons to substantiate the stand against decriminalising homosexuality. The good doctor compares the trait to terrorism, suicidal tendencies, people with six fingers, and so on. The theories of Darwin on evolution, natural selection and artificial selection have been used to support the theory of homosexuality as an acquired and unnatural trait. Honestly, comparing the “deviant trait” to the evolution of dogs from wolves thousands of years ago, and by the intervention of humans, was funny. Another controversial statement is that HIV/AIDS can be controlled by having curbs on homosexuals. Those who indulge in heterosexual relations share an equal responsibility for its spread. The article has only served to send shock waves especially as it is by a medical practitioner. The authorities should instead devote their energies to finding answers to abhorrent practices like rape and child molestation. Jeethu Vijayan, Varkala As a scientist, I was stunned to read the article. After objecting mildly to Hitlerian eugenics, the writer ends with an entirely eugenic proposal to “reduce if not eliminate undesirable traits over several generations.” It claims proof that a homosexual is “prone to AIDS,” as if that is a genetic predisposition, and then ludicrously suggests that retaining Section 377 will reduce that risk. It draws an unacceptable analogy between homosexuals and terrorists, and confuses crime, non- standard physical attributes and behaviour which the majority frowns upon. The article is an insult to upright and outstanding Indians like Vikram Seth and Onir and millions of others who enrich our society. The computer I am writing this on owes its existence to Alan Turing and others. Rama Govindarajan, Hyderabad AAP’s green signal Mr. Arvind Kejriwal was very active in highlighting the Congress’s misrule and the rise of corruption in his campaign to dislodge the government. Unfortunately, Delhi voted insucha way that the AAPwas unable to get a clear majority. He then tried several options, including taking the unprecedented step of eliciting public opinion. Now, it is ironical that he has to fall back on Congress support to form the government (“AAP set to form government,” Dec. 23)! This is a cruel joke being played on the people who voted for his party as they were hoping to get a Congress- free government. With Congress support, canhe pursue his campaign against fighting graft? J.R. Kamath, Coonoor People look forward to this new chapter in Indian politics. We wish the AAP the best. All those who lost the election must now desist from taking potshots at the party. J. Akshay , Secunderabad A letter to Hazare I amsure that Ramaswamy R. Iyer’s “Open letter to Anna Hazare” (Dec. 23) represents the views of a majority of readers. The rift between the two stalwarts against corruption is unfortunate. Arvind Kejriwal has never showed disrespect towards Mr. Hazare, and has in his inimitable way, tried to bridge the gulf by sending his teammates to Anna’s village. I wish Mr. Hazare takes the contents of the letter seriously, remain a mentor/ adviser to Mr. Kejriwal and guide him in fulfilling the aspirations of the aamaadmi. K. Nehru Patnaik, Visakhapatnam The letter was apt, candid, enlightening and, at the same time, humble. Mr. Hazare should take it in the right spirit and shed some of his inhibitions and misplaced prejudices against Mr. Kejriwal and the AAP and join hands with his “estranged disciple.” This act would surely strengthen their joint crusade against corruption and gladden the hearts of millions who abhor corruption. As Mr. Kejriwal has finally decided to bite the bullet, the doubting Thomases and sceptics should lie low for sometime. One fails to understand why so many are intent on running him down even before he has proven himself. Though the AAP is a new formation, its honesty and integrity in the fight against corruption will never be in doubt. Its methods of canvassing for votes and then later, while seeking a public referendum, were path- breaking. The AAP should not succumb to any pressure tactics by the Congress. Maradapu Srinivasa Rao, Vizianagaram LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. A mong the many manifestations of gender discrimination in India, arguably the most pre- meditated action involves the so-called boy-preference — the systematic elimination of female foetuses. The United Nations Population Fund (UNFPA) report, Laws and Son Preference in India: A Reality Check, could not be more timely. It says the 1994 ban on sex-selective abortions, in order to be more effective, must be backed by comprehensive legal, judicial and police reforms targeting violence against girls and women. That the prohibition has failed is borne out by data from successive population census. The child-sex ratios in the 2011 enumeration stood at 919 girls for every 1,000 boys (in the 0-6 age-group). Between 1981 and 2001, the numbers were 962, 945 and 927 respectively. Clearly, the historical practice of female foeticide is no longer limited to mere acts of individual criminality. Thanks to access to ultrasound technologies, it has now risen to proportions that distort the nation’s demographic profile. Disturb- ingly, the UNFPA report cites the Goa law that permits polygamous marriages when a man’s first wife has not borne him a male heir. Meanwhile, the law that forbids sex-selections suffers from a lack of mandatory bodies to regulate the use of ultrasound technologies and monitor prenatal diagnostic clinics that offer clandes- tine services. China’s recent decision to loosen the single-child norm could strengthen opinion in India that has been consistently critical of the deployment of coercive means to control population. The prevailing restriction in some states that disallows members of families with more than two children the right to contest to local representative bodies is a highly arbitrary and undemocratic provision. South Korea has recently witnessed improvements in child-sex ratios, influenced by the waning appeal of sex-selection techniques. The country’s experience should lead to a more discriminating and humane use of scientific knowledge and strengthen a positive attitude on gender in the region. The prevalence of child marriages among as much as 30 per cent of girls aged between 15 and 19 years, compared to 5 per cent among boys, is a matter of some concern. The proportion among rural girls is 56 per cent compared to 29 per cent in urban areas, according to the UNFPA report. The brutal murders of young women who dared to break loose from narrow caste and community ties are chilling reminders of an outright suppression of consensual relationships. This is another area where domestic laws do not reflect the spirit of global conventions on the rights of the child and the elimination of discrimination against women. Flawed preference CARTOONSCAPE Editor’s Note: Submissions on the “Open Page” are the extended comments of readers and in no way do they reflect the views of The Hindu. http://jobsalerts.in CM YK BG-BG WEDNESDAY, DECEMBER 25, 2013 10 THE HINDU WEDNESDAY, DECEMBER 25, 2013 BANGALORE EDITORIAL E ven going by Uttar Pradesh’s history of suscep- tibility to communal violence, the horror that has unfolded in the Muzaffarnagar-Shamli region will rank as extraordinary with deaths and displacement on a scale unmatched in recent times. Four months after a local skirmish escalated into a Hindu Jat-Muslim clash leading to deaths on both sides, there is no sign that tensions have abated and much less that the mostly Muslim victims have found the courage to return to their homes in the villages. The administration had admitted to an initial Muslim displacement figure of 51,000, the highest for any communal disturbance in the State. The actual numbers today might be less overwhelming, but by the government’s own account — described as a gross underestimation by some social activists — nearly 5,000 people are still living as refugees in relief camps in the two regions. The government’s acknowledgement that over 1,500 families have refused to return home fearing reprisals, is a commentary in itself and suggests that a good many victims may have left the relief camps only to take refuge in the homes of relatives. Of the conditions in the camps and elsewhere, the less said the better, with winter bringing more hardship to the inmates and reports coming in of infant deaths caused by exposure to the cold. The Akhilesh Yadav government has been tragically remiss in addressing the situation. Indeed, the official abdication has led to the vacuum being filled by Muslim religious groups resulting in communal tensions being kept alive. In late-October, the State government ordered payment of relief at Rs.5 lakh each to about 900 affected families on condition that they sign away their rights to their property in the villages. This is nothing but official sanctification of the communal divide that has been the most worrisome outcome of the violence. Ground reports suggest that Muslim families are investing the money in building ghettos for themselves in rural areas, which have thus far been symbols of harmony. The coming general elections look certain to further vitiate the atmosphere, with the Bharatiya Janata Party and the Samajwadi Party engaged in the politics of polarisation. The BJP recently feted two MLAs accused in the violence on the specious reasoning that nothing had been proved against them. The SP ought to have shown a greater sense of responsibility, if for no reason other than to safeguard a community the party counts among its voters. Sadly, the Manmohan Singh government too has once again let go of the opportunity — in the winter session — to enact an acceptable Communal Violence Bill focussed on the provision of adequate relief and rehabilitation of victims. No respite for Muzaffarnagar I n the outrage over the arrest of Devya- ni Khobragade, we are perhaps not asking if the grounds the United States has given for this unusual step are morally or legally sustainable. The U.S. is right that Ms. Khobragade falsely stated when she applied for her domestic help’s visa that the woman would be paid over the minimum U.S. wage of $7.25 an hour. Every Indian diplomat in the U.S. has told the same lie, because none of them can afford to pay the local minimum wage when their own pay, even with the foreign allowance, is barely more than that. The U.S. government knows this, because the bank account of every Indi- an diplomat posted there, to which it has easy access, will make this plain. If it issues visas nevertheless, it is complicit in the lie. The U.S. has a right to expect that no one brought there will be ill-treated. That forms the basis of its second charge, that because Ms. Khobragade did not pay her help the minimumU.S. wage, she treated the woman like a slave. Indians who agree, and believe the help is the real victim, perhaps do not know the facts. Need and perception of need The minimumwage inthe U.S., as inIndia, is the government’s fanciful notionof what it costs to keep body and soul together, but civil society has long argued that it is woefully inadequate. Several U.S. non-governmental organisations make calculations for every city and county what the living wage should be, taking into account that the wage-earner must pay for food, housing, medical care, transportation and other essentials, including clothing. They hold that the minimum living wage in New York city for a single person is $12.75 an hour. For a single parent with two children, the dominant family pattern, it is $32.30, four times the official minimumwage. This gap between actual need and the government’s perception of it translates into widespread poverty and hunger, particularly among the blacks and the Hispanics who formthe bulk of the populationthat works at the minimum wage; they cannot live on it and therefore sink into debt. NGOs estimated that in 2012, 49 million Americans lived in food-insecure households. Households that had higher rates of food insecurity than the national average included households with children headed by single women (35.4 per cent), black households (24.6 per cent) and Hispanic households (23.3 per cent). While the U.S. argues that anyone in New York paid less than the minimumU.S. wage is being ill-treated, what is in fact the case is that anyone whohas tolive only onthat wage is — as the U.S. NGOs so vehemently argue — condemned to a life of poverty and hunger. Forbes pointed out in an article earlier this year that the unemployed who live on welfare get more in several States than those who work for minimumwages. In New York, Forbes calculated the annual take-home fromwelfare at $43,700 a year, or $21.01 an hour, almost three times the minimumwage. It is important to remember this because a help employed by an Indian diplomat has none of the expenses that are assessed to compute either a minimumor a living wage. She stays in a roomin the diplomat’s house, with her food, clothing, medical bills and transportation all paid for. Every dollar she earns is saved. If Sangeeta Richard was paid $500 a month, she was saving that a month. No one living on minimumwages in the U.S. has savings; most are up to their eyes indebt. Saving $500 a month for them is a pipe dream. The black and Hispanic women who workas domestic helpand charwomeninthe U.S., and form its underclass as the societal and lineal descendants of slave labour, would happily trade places with Sangeeta Richard. Members of our civil society who argue that she was bonded labour, as defined inour Bonded Labour System(Abolition) Act, perhaps do not know the terms under which domestic help are employed by Indiandiplo- mats. Neither that Act, nor any of the judgments of the Supreme Court which interpreted it, applies to them. Convention and obligations Those who claim that the Indian government has no interest in protecting domestic workers, and therefore is indifferent to San- geeta Richard’s plight, ask why it has not ratified Convention 189 of the International Labour Organization(ILO) “Concerning De- cent Work for Domestic Workers,” which came into force in September 2013. This is unfair because the government of India voted for the draft, and has since prepared a draft “Policy for Domestic Workers,” incor- porating many of the provisions of the Unor- ganised Workers’ Social Security Act (UWSSA), 2008. It is also not germane to this case because ILOConvention 189 would protect a domestic worker abroad only if the host government has ratified it. Like India, the U.S. government also voted for the Conventionin 2011, but made a remarkably candid statement in explanation of vote: “In the case of the United States, a number of the provisions present complex issues with respect to our existing law in practice, including in regard to our federal system of government. Accordingly, we want to make clear that our vote to adopt this Convention entails no obligation by the United States to ratify it.” Convention 189 offers all the protections that the U.S. claims Sangeeta Richard was denied. If these are already statutory requirements in the U.S., it is hard to understand why the convention presented it with “complex issues,” whichhad to be reconciled with its laws. What is disturbing is that the U.S. “evacuated” the Richard family after issuing them “T-visas,” given to the next of kin of victims of human trafficking. This meant that, in its view, Sangeeta Richard was a victim of human trafficking as defined in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, whichsupplements the United Nations Con- vention against Transnational Organized Crime (UNTOC). The protocol defines “trafficking in persons” indetail. None of the conditions precedent applies to Sangeeta Richard, and a person travelling on an official passport of a democracy run by the rule of law by definition is not someone who is being trafficked. Moreover, when the Indian Embassy had asked the U.S. government to help trace her whenshe absconded, the T-visas inresponse make it clear that the U.S. considered the Indian government complicit in human trafficking. It follows that the U.S. does not have the slightest intention of abiding by Article 8 of the Protocol, which sets out the terms under which a victim of trafficking is sent back to her country. In turn, this violates the assurance the U.S. gave when it ratified the protocol, to which it entered a reservation, but clarified that “this reservation does not affect in any respect the ability of the United States to provide international cooperation to other Parties as contemplated in the Protocol.” Iran case Instead, the U.S. claims that its laws were broken, and since a consular officer does not have the full immunity of an accredited diplomat, Ms. Khobragade was not immune from either arrest or subsequent prosecution. This, though, is not what the U.S. argued as the applicable international law when its diplomatic and consular staff were taken hostage in Iran in 1979, and the government in Tehran threatened to prosecute themfor acts that were, in its view, crimes in Iranian law. The U.S. moved the Interna- tional Court of Justice and in its submission, claimed inter alia that: “Pursuant to Articles 28, 31, 33, 34, 36 and 40 of the Vienna Con- vention on Consular Relations, the Govern- ment of lran is under an international legal obligationtothe United States toensure that … the consular personnel of the United States be treated with respect and protected from attack on their persons, freedom, and dignity; and that United States consular officers be free from arrest or detention. The Government of Iran has violated and is currently violating the foregoing obligations.” The court ruled in favour of the U.S. on all points, by a large majority on most, but unanimously on the U.S. contention, exam- ined at length in its judgment, that the Ira- nian threat to prosecute diplomatic and consular staff was a violation of the Vienna Conventions. The court held that: “no member of the United States diplomatic or consular staff may be kept in Iran to be subjected to any form of judicial proceedings or to participate in themas a witness.” The U.S. therefore does not really have a case, on either moral or legal grounds. What is surprising is that it was prepared to offend a country that is now of some strategic and commercial interest to it, and so blatantly breach the Vienna Conventions that protect its diplomatic and consular agents as much as they do all others. Except, it seems, inIran in 1979 and in the U.S. in 2013. (Satyabrata Pal, a former High Commissioner to Pakistan, is a Member of the National Human Rights Commission.) Breaching the Vienna Conventions Every Indian diplomat in the U.S. has told the same lie, because none of them can afford to pay the local minimum wage when their own pay, even with the foreign allowance, is barely more than that Satyabrata Pal Scripting history Scripting history in Indian politics apart, Delhi Chief Minister- designate Arvind Kejriwal will now have to face trouble as both the Congress and the BJPwill be out to attack every piece of reform that the Aam Aadmi Party might introduce. With the outgoing Delhi Chief Minister Sheila Dixit already making it clear that the Congress’s outside support to the AAP will be issue-based (Dec. 24), the party has to tread carefully. Its future lies in the way it approaches governance. V. Siva Anantha Krishnan, Tirunelveli The Congress has to rise to the occasion now by supporting the AAPand keepaside any differences of opinion that it may have. The rise of Arvind Kejriwal, from spearheading mass protest against corruption to going on to form a party and then becoming a chief minister, resembles the plot of a Bollywood film. Let us hope that he is able to script a model of efficient and participative governance. Barkha Tamrakar, Raipur The AAP has acted wisely on the decision of government formation after taking into account the opinion of Delhi. However, its real test will be in the way it implements its electoral promises. Let us hope that the term of the government it forms will be one to remember and a model for States. Kanagiri S. Prasad, Hyderabad The AAP has promised Delhi the moon on addressing issues concerning electricity, water, housing, a Jan Lokpal, etc. Let it start delivering the goods fromthe word go. Attending to subjects like “red beacons,” and “bungalows” is not of immediate importance, and it must focus on more serious issues like ensuring women’s safety and fighting crime. Having accepted the support of the Congress, it must now desist from name-calling, at least till the arrangement lasts. Both the Congress and the BJPwould like to see this experiment fail quite naturally. Being too idealistic will lead to numerous problems for the AAP that may cause it to crash under its own weight. M. Balakrishnan, Bangalore Criticising the decision of the AAP to form the government in Delhi and accusing Mr. Kejriwal of hobnobbing with the “corrupt” Congress may be right to some extent but we need to examine why it was compelled to do so. The decision was largely based on the consensus of the people of Delhi, which in itself is historic. If the logjam had persisted, would we have wanted another re-election? What if the results had turned out to be worse? If the AAP is successful in achieving its aims through this coalition government, it will be the people’s victory. Anshu Patel, Bangalore “A genuine leader is not a searcher for consensus but a molder of consensus,” said Martin Luther King, Jr. The AAP’s style of politicking goes against the grainof genuine leadership traits espoused by King. It seems it has misinterpreted mobocracy for democracy. The diversity of India needs consensus over developmental issues so that problems of land acquisition, environmental change, distribution of scarce resources, gender inequality, child protection and welfare, and law and order are resolved. By ensuring good governance, the party has to “be the change it wanted to bring.” Siddhi Bangard, Jaipur As far as support to the AAP government is concerned, the Congress has spoken in two voices. From“unconditional” backing, to a lifeline of issue-based support, which of them turns out to be the real one only time will tell. Jorhat Singh, Mumbai Whoever described Mr. Kejriwal as a “political novice” should scurry to the dictionary to check his vocabulary. He has taken a favourable gamble. An absolute majority would have tested him to the limit. Now, he can always play the “minority government with outside support” card wisely and use the numbers to build a momentum in the AAP’s favour. If the Congress withdraws support, there is bound to be a windfall for the fledgling party. If he lives up to the promise of his party’s innumerable manifestos, he can prove to be a tough customer for years to come. For now, he must focus on Delhi and keep his national ambitions for later. Ganapathi Bhat, Akola Unwelcome behaviour This refers to the report “Concerted move to tarnish my image: Ganguly” (Dec. 24). The situation warrants that the judge relinquish his post of Chairperson of the West Bengal State Human Rights Commission immediately before another fact-finding body proves his crime of sexual misconduct and he is made to step down unceremoniously. S. Nallasivan, Tirunelveli On diplomacy The recent articles and editorials in The Hindu stressing the legitimacy of actions as per U.S. laws implicitly call for similar actions to prove that India too has some laws even if poorly enforced. If this is the case, all Indian workers in embassies and high commissions have to be paid American wages as they work, technically, in U.S. territory; there cannot be any discrimination between the salaries of U.S. and Indian employees rendering similar work under Indian labour laws. Finally, diplomacy is all about nuanced reciprocity, civility and respect. M. Madhusudan, Secunderabad Poet of the nation The passing of G.S. Shivarudrappa (Dec. 24) removes from our midst one of the greatest Kannada literary giants of our times and an extraordinary humanbeing. Poetry was always a passion with GSS and the tranquil backdrop of the hills and dales at Bathi near Davangere in Karnataka was the perfect setting for himto create his works. Many of his poems, which have been rendered into songs, have left an indelible mark on Kannada literature and embellished the language. The distinguished littérateur was only the third Kannada poet, after his teacher, K.V. Puttappa (Kuvempu) and Manjeswara Govinda Pai, to be bestowed the prestigious title of “Rashtrakavi (national poet”). The State may never be able to produce a littérateur of such mettle. N.J. Ravi Chander, Bangalore Juvenile age Recently, the Supreme Court of India ruled that the juvenile age limit should remain 18 years. My suggestionis that Parliament could enact a law enabling judges to exercise their discretion and treat, in the rarest of rare cases, those aged 15 and above but below 18 years as adults while awarding punishment, depending upon the seriousness of the crime (e.g., murder) committed by them and the intention. The need for such a revisionarises whenwe realise that children of today, i.e., those below 18 years, are more informed of things than they were earlier, thanks to the influence of television, the Internet, social media and the coverage in detail of subjects including violence in the media. Furthermore, parental/ societal control over “children” is declining, thanks to western influences and encouraging “individuality” and “independent” adult-like actions is the trend. V.S. Badari, Bangalore LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T hough designed with plenty of good intentions, the new series of consumer price index- linked savings bonds is unlikely to enthuse most of the individuals for whom it is intended. The Inflation Indexed National Savings Securi- ties-Cumulative (IINSS-C) launched by the Reserve Bank of India opened for subscription on December 23 and will close a week thereafter. The bonds have been designed to give investors a return that is 1.5 per cent above the reference consumer price index calculated according to a set formula. Thus there are two components of interest — a fixed 1.5 per cent and a variable return based on the CPI. The IINSS-C with these two return enhancing features, it is hoped, will be a big draw for ordinary persons as well as high net worth individuals. Most of the available savings channels do not give returns that offset inflation. The prospect of getting a negative real return is forcing investors away from conventional financial savings instruments such as bank fixed deposits, to gold, real estate and other physical assets. The country needs to boost its financial savings especially from households to step up the overall investment rate. Besides, the seemingly insatiable demand for gold — from investors and from the jew- ellery industry — has very recently created serious macroeconomic problems in the form of high current account deficits. Although the threat of an imbalance has receded somewhat, ongoing attempts to channel the demand into productive channels need to be encouraged. An earlier attempt to protect savers by offering an instrument that pegged return above wholesale price index (WPI) inflation was not really for ordinary individuals. The new series, though offering inflation-beating returns, might still falter for a variety of reasons. Their complexity — a 10-year tenure, lock-in periods of one year for senior citizens and three years for others, compounding of interest every six months but paid only after the full tenure — might drive away many would-be investors. The penalty for foreclosure — 50 per cent of the interest earned in the year before — is stiff. For senior citizens — only those above 65 years qualify for this scheme — as well as the retired, the new bonds are not particularly attractive. Unlike some bank deposit schemes, there is no provision for quarterly or even annual interest payment. For them, getting their principal and compounded interest back after 10 years might make no sense. There are no special tax benefits for investing in the new bonds either. The well-off might find the investment cap at Rs.5 lakh a year too restrictive. It is hoped that the authorities learn by experience and refashion the inflation-linked bonds to give them a wider appeal. Restructuring a savings scheme CARTOONSCAPE http://jobsalerts.in CM YK BG-X THURSDAY, DECEMBER 26, 2013 8 THE HINDU THURSDAY, DECEMBER 26, 2013 BANGALORE EDITORIAL T he long-awaited meeting between the Direc- tors-General of Military Operations of India and Pakistan did not come up with any eu- reka ideas on how to safeguard the ceasefire on the Line of Control, but the very fact of their face-to-face interaction gives the hope that the two sides can still settle differences in a sensible manner. This year, which marked the 10th anniversary of the ceasefire on the LoC, has also been the most trying for it in the entire decade. By September, the number of ceasefire violations had exceeded 200, going by numbers given out by New Delhi. The horrific beheading of a soldier on the Indian side of the line in January, and an ambush in August, again on Indian territory, created a political furore, undermined other gains in the bilateral relationship and put paid to diplomatic efforts to get the peace process restarted. The latter incident also triggered exchange of fire along the LoC lasting many days, ominously reminiscent of the bad old days of the 1990s when artillery exchanges across the line were a routine occurrence. It was against this backdrop that the meeting between the two military officials took place, on a specific directive from Prime Minister Manmohan Singh and his Pakistan counter- part Nawaz Sharif that the DGMOs must sit together to decide on steps to maintain peace along the LoC. That the militaries took more than two months to schedule it, a period in which there were more incidents on the LoC, is a sad commentary on the state of bilateral ties. Having agreed to make their hotline contact more “result-oriented”, the two sides must now ensure that this existing mechanism — the two officials have been in regular weekly contact over the phone — actually delivers. It will also not hurt for the DGMOs to make meetings a regular part of their interaction. India was right in rejecting Pakistan’s proposal to include officials from the two foreign ministries in Tuesday’s military talks, but with a step now taken towards normalisation on the LoC, the political leadership on both sides must focus on getting the stalled wider dialogue restarted. With a general election in India due next year, the convenient reflex on both sides would be to wait for the next government, especially as India-Pakistan ties have been turned into a hot button political issue over the last few years. Yet, a new government in New Delhi, irrespective of the colour of its politics, will also need to talk to Islama- bad, and the sooner the dialogue begins, the easier it will be to pick up the threads after the election. Let the dialogue begin T he brutal sexual attack on a young woman in Delhi, in 2012, and a sav- age attackona girl student of Jawa- harlal Nehru University (JNU) on its campus this year are just two examples of extreme violence that have shocked the nation. Acts of sexual violence are common despite public outrage and the fear of legal action. Equally disturbing was the mass exo- dus of citizens of north-eastern States from Bangalore in 2012. Instances of caste discrimination and violence occur at regular intervals to which we have become quite immune. Occurrences of discrimination based on caste, gender, race and religion are not disparate but a reflection of the ways in which our society works. Traditional values contradictory to democratic norms and practices continue to shape the behaviour of our children and adults in their formative stages through socialisation in the family and society. Public policy can do little to influence this informal learning which is at variance with the principles of equality and respect for differences. Education can be an instrument of change. But nation-building would require reformin education; unlearning of undemocratic values is as important as the learning of democratic ones. Unfortunately, our education system, with its present curricula and pedagogy, has less to offer by way of civic learning and democratic engagement that shapes good citizens out of men and women. This is not to say that we do not have goals for education, for the education policy talks of national integration, equality and the development of a common culture. Selectively, some civic learning also takes place through courses on human rights and gender. But all these have remained on the periphery of learning in school and higher education. The prime focus inour schools and higher education learning system seems to be only on preparing students for the job market. Civic learning and democratic engagement have not become the core component of our teaching. J.A. Banks, an Afro-American aca- demician, observed that “the role of education in the 21st century is to prepare students ‘to know, to care, and to act in ways that will developand foster a democratic and just society’ and to ‘develop a commitment to personal, social, and civic action, as well as the knowledge and skills needed to participate in effective civic action’.” Civic learning is pivotal whendealing with diversity in societies. The United States is one such example. Beginning 1995, it developed an education policy to deal with diversity by bringing about reforms in curricula and pedagogy for civic learning and engagement incolleges and universities. The education for diversity has four elements: knowledge, values, skills and action. Reform in knowledge includes a new curriculum with themes that deal with diversity, inequalities, racism, sexism, religious oppression, classism, anti-Semitism and heterosexism. To develop individual capabilities and skills, it introduced new peda- gogical methods like inter-group dialogue and mixed peer group, where students from diverse groups interacted and learned to respect differences. Through new knowledge and skills, they unlearned many things that they had imbibed from family and society and also developed skills and capacities to deal with diversity and differences in a democratic way. The third component was to motivate the students for action. These reforms were expected to enhance the “civic capital” among youth for enhanced citizenship. Sixteen years later, in 2011, a review indicated positive outcomes not only in civil learning and engagement but also in their academic performance. Missing goal in education Campuses of higher education in India have moved from being relatively homoge- neous to becoming more diverse. Figures at the macro- and micro-levels will make this clear. In 2008, of the total number of students in higher education, about 45 per cent were from rural areas and the rest from urban areas; 42 per cent were women and 58 per cent, men. Social composition com- prised four per cent Scheduled Tribes, 13.5 per cent Scheduled Castes, 35 per cent Other Backward Classes and 48 per cent, the rest. Hindus accounted for about 85 per cent followed by Muslims at eight per cent, and Christians and others at three per cent. Al- thougha majority of students were relatively better off, there were poor students as well. About a fourth were from private institutions and the rest fromgovernment and private-aided institutions. The medium of instruction for about half of them were the regional languages, and English for the rest. JNU represents Indian diversity at the micro-level. In 2013, about half the number of students are women; about 41 per cent are from a rural background and 59 per cent, from cities and towns. The caste/ethnic compositionis eight per cent STs, 15 per cent SCs, 32 per cent OBCs and 42 per cent others. About 26 per cent are fromlow-income groups, 19 per cent from the medium-income level, and 54 per cent from the high- income bracket. About 21 per cent are from public schools, and the rest from other schools. Besides, they come from 26 States and 235 universities/colleges, representing different language and cultural backgrounds. In this widening diversity, students from low castes, the poor, women and those from different religious, regional, rural and language backgrounds live in the company of high caste, urban and better off males who dominated the higher education campus scene for long. With greater diversity, students bring with themideologies, values and differing ways of dealing with others. While diversity provides a unique opportunity for students to experience its richness under one roof, it also poses challenges of living ina socially inclusive way. It tends to induce social and peer groups around “identities” and develop a divide in social relations that are along caste, ethnic, class, linguistic, regional and religious lines. Exclusionary behaviour also brings on discrimination, psychological and physical violence for the low castes and women. Thus, the nation’s long-standing legacies of caste, gender and class antagonism are replicated on campuses. As higher education moves forward, it does so on social platforms of caste, gender, and class cleavages. A study by Prof. Mary Thornton and others of five higher educational institutions in India and the United Kingdom, in2010, observed “that separation of groups on the higher education campuses studied is pervasive and ubiquitous. While some such separation may be for supportive reasons, convenience or inertia, at other times it is due to overt discrimination on the grounds of race, region, nationality, caste, class, religion, age or gender.” In 2013, Sam- son Ovichegan, in a study on the experience of Dalits in an elite university in India, observed that “this university is yet another arena in which the practice of caste division continues to exist. The university environment reinforces and maintains a divide be- tweenDalit and non-Dalit. Dalit students do, indeed, experience overt and covert discrimination based on caste at this premier university.” Crucial moment Higher education in India today lacks the potential and capacity to promote cognitive knowledge, social skills, values and actions for civic learning and democratic engagement that are so essential to build citizenship. A U.S. report on education, A Crucible Moment: College Learning and Democracy’s Future, observed that “…unlike liberty, civic knowledge and capability are not bestowed at birth. They are hard won, through educa- tionat all levels and throughtaking seriously the perspectives of others. Democratic insight and competence are always in the making, always incomplete. Therefore, civic learning needs to be an integral component of every level of education, from grammar school through graduate school, across all fields of study.” This is a crucial moment to use higher educationand the pathways to it as a “carrier of democratic values, ideals, and processes,” and narrow the divide between the ideals of the Constitution and the reality of the daily lives of our people. It is a critical movement for India, whenwe have hardly made a beginning in education to deal with diversity, discrimination and sexism. Initiatives JNU and Delhi University have been pushed to strengthening the mechanism to deal with gender violence and sexism. While these are good steps, the direction needs to be well thought of. Of the two ways of dealing with gender and caste discrimination— legal safeguards and gender sensitisation and learning — the focus so far has been on the former. Though essential, legal safeguards need to be supplemented and supported by a strong component of civic learning and engagement. The measures have their limitations in reforming undemocratic behaviour. Laws discourage wrongdoing but do not necessarily correct sources of undemocratic behaviour. Laws do not strengthen people’s knowledge and social and cognitive skills for democratic practice. The Anti-Untouchabil- ity Act of 1955 and other such acts related to gender have been in operation for about half-a-century. Yet, untouchability is still prevalent just as gender discrimination and violence are. Education can help in the unlearning of undemocratic values and practices. We need a two-pronged approach: legal safeguards and civic learning to enhance knowledge, and the social and individual capacities of students to deal with gender and caste discrimination and violence. The goal of higher education, in imparting knowledge and career preparation, needs to be combined with a third national goal of fostering an informed and engaged citizenship, and reducing the “national deficit in civic capital.” The “Crucible Moment” report empha- sised the point that “constructing environments where education for democracy and civic responsibility is pervasive, not partial; central, not peripheral.” This requires reform in our educational system to develop a generationthat will be more sensitive and engaged in the promotion of gender and caste equity, freedom, and fraternity, and reduce dependence on legal safeguards. (Sukhadeo Thorat is professor, Jawaharlal Nehru University, and chairman, Indian Council of Social Science Research. E-mail: [email protected]) Unlearning undemocratic values India’s long-standing legacies of caste, gender and class antagonism replicate on campuses as well. As higher education moves forward, it does so on these social cleavages Sukhadeo Thorat ‘Mission 272-plus’ There has been no central government with a full majority in Parliament for a long time. India today is in vital need of a party that ensures good governance and tackles crucial issues (“Sops hit Finance Ministry roadblock” & “BJPall set to launch‘Mission272- plus’.” Dec 25). Inall likelihood, the BJP is set to run the country from next year. The turn of events — the recent Assembly election results, a resurgent BJPand the Congress on the backfoot — indicates such a scenario. The growing popularity of the BJP’s prime ministerial candidate, Narendra Modi, is another strong point. K.B. Rao, Hyderabad Unfortunately, 272-plus is the magic number that needs to be reached. Citizens want the 2014 election to be distinct from what has happened in the past. They must exercise caution and strengthengrama and jansabhas in their villages and wards in order to demand the agenda of each party. C. John Rose, Arumanai Road ahead for AAP With the AamAadmi Party rightly, justifiably and unequivocally remaining obdurate and uncompromising on initiating investigations into what it called during the Assembly election campaign as “rampant corruption, scams and scandals under the past misrule” in Delhi, one only wonders how the odd, outlandish “outside support” arrangement with the great grand old party will work, especially when the two parties are like chalk and cheese. Only time will provide the answer. Till then, one can expect reports like “AAP finalises team amid resentment” and “Murmurs in Congress over support to AAP” (Dec. 25). R. Sampath, Chennai The AAP has emerged as a force which cannot be ignored. But the question now is: will it be able to continue wearing its mantle of a “party with a difference”? It seems to be going in the wrong direction, first in digging its own grave by joining hands with the Congress, and then coming up with impractical guarantees for Delhi on basic amenities. Anurag J., Hyderabad More than its emergence as a potent force in electoral politics, the AAPwill surely be remembered for creating a new section of fast expanding social class which has emerged because of the total disconnect between the mainstream political parties and the general public. The “movement effect” of the AAP is going to be its anchor and driving force in its transformational political journey. Therefore, it is incumbent upon the party to follow its ideology especially as it has to depend on “outside support.” The Congress and the BJP too can learn a lesson or two fromthis party and take course correction to sustain their political existence and momentum. Chandran Dharmalingam, Udhagamandalam Diplomatic row Satyabrata Pal (“Breaching the Vienna Conventions,” Dec.25) says with great conviction that it is the U.S. government that was morally and legally in error. Whatever the legalistic framework his hair- splitting arguments may have been construed in, the fact remains that Ms. Khobragade lied about the wages she paid Sangeeta Richard. If Mr. Pal, Ms. Khobragade and other foreign service bureaucrats feel so indignant about their “right” to have domestic help in any part of the world even if they are unable to afford living wages for such help, perhaps the time has come to give up on this institution and to remind themselves of Gandhiji’s dictum that there is no nobler action than for “all do the labour the poor must do, and thus identify ourselves with them and through them, with all mankind.” Sudhir Chella Rajan, Chennai Mr. Pal’s reasoning and arguments clearly expose the double standards followed by the U.S. and throw up interesting issues on the arrest and detention of Ms Khobragade. It would be good if one gets to read the responses of Mr. Preet Bharara, U.S. Attorney for the Southern District of New York, to this article. Aniruddha Dam, Kolkata The statement that “every Indian diplomat in the U.S. has told the same lie, because none of themcan afford to pay the local minimum pay...” is an admission and violation of Rule 3 (1) of The Central Civil Services (Conduct) Rules, 1964 which is specific about maintenance of integrity at all times. It says: “every Government servant shall at all times maintain absolute integrity; maintain devotion to duty; and do nothing which is unbecoming of a Government servant.” Is this not applicable to IFS officers? Second, if everyone does an act of misconduct, can it be condoned? So, does bribe taking, late attendance to office, etc, get condoned without even giving a showcause notice? I am reminded of what a traffic policeman told my friend who had overshot a red light in Delhi, when he pointed out that some others had done the same thing. “Will other violations justify yours? You have violated the rules, haven’t you? You will be fined, irrespective of others doing so.” Another issue raised is about the law which has been enacted by another democratic country. Are we to question that? Or, should we insist that it should be applied differently to us as we belong to another country? C.S. Balakrishnan, Thiruvananthapuram Plight of the elderly The article “Beyond small mercies” (Dec.25) vividly narrates the woes of elderly men and women in rural areas. However, what they long for is the love of their children which no government scheme or pension can buy. When they get some odd sweet for their grandchildren to win their affection, do these children reciprocate the same warmth? Such values are hard to find in this age of nuclear families. M. Subbiah, Chennai With smaller families, the unpopularity of the joint family system and children going abroad in search of greener pastures, the reality that stares the elderly in the face is moving to a “senior citizens’ home.” A good pension is very important and more dependable than handouts from children. Equally too is a secure health-care system and strong emotional support. The time has come to go back to our roots, rebuild our joint family system, promote an inter- dependent culture and an “each one lives for another” theme. S.A. Srinivasa Sarma, Hyderabad LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. U ruguay has become the first country to legalise cannabis, taking this most radical step instead of engaging in the so-called war on drugs. Several other countries have adopted measures such as non-prosecution for possession of small amounts. In the United States, 20 states are trying partial legalisation. In Uruguay, smoking cannabis has been legal since 1974, as has been the private consumption of all drugs. In future, Uruguayan citizens over 18 and resident in the country will be able to register with the government and then grow up to six plants at home or buy up to 40 grams of the drug per month from licensed pharmacies. Resale, and the so- called dope tourism, are banned; sale in cafés will be illegal. Production, distribution, and sale will stay in private hands, but the government will control and regulate the whole process. Advertising will be banned, and so will imports or exports. The psychoac- tive element in cannabis, tetrahydrocannabinol (THC), will be at a low concentration of 5-12 per cent, and regulation will improve purity; in illegal markets, contamination often turns cannabis into a gateway drug to more dangerous substances. The new law is, above all, pragmatic rather than ideological. Uruguay’s President, José Mujica Corda- no, a former Marxist guerrilla who leads a very simple life himself, concurs with the two thirds of the population who oppose legalisation, and is prepared to reverse the policy if it fails, but he sees trafficking as a far greater evil. Uruguay had 82 trafficking-related deaths in 2012 and none from marijuana consumption. But the National Drugs Committee estimates current sales at 22 tonnes a year, with current users number- ing 120,000 or about 10 per cent of the adult population. Legalisation is expected to produce annual revenues of $8-12 million, but the controlled price is meant to undercut the illegal markets. The clear aim is to take the cannabis trade away from drug cartels, for whom it is by far the single biggest earner. According to the United Nations, four per cent of the global adult population, or 162 million people, use it. The cartels have also corrupted large numbers of officials in several countries, where the quasi-military war on drugs has caused tens of thousands of deaths over the last 40 years or so. Opponents of Uruguay’s new law fear that legalisation means cannabis use will increase. The supporters point out that in 2005, when the government introduced similar regulations, including an advertising ban for tobacco, the level of use, especially among younger people, dropped sharply. The results of Uruguay’s courageous move will be closely watched around the world. Wrong-footing the drug cartels CARTOONSCAPE http://jobsalerts.in CM YK BG-X FRIDAY, DECEMBER 27, 2013 8 THE HINDU FRIDAY, DECEMBER 27, 2013 BANGALORE EDITORIAL T he Army’s decision to court-martial six military personnel, including a Colonel, for the heinous murder of three civilians in a fake encounter at Machhil in the Kashmir Valley in April 2010, is a rare, but significant event. For once, internal processes in the military, such as the Court of Inquiry that recommended that these suspects be tried by a military court for murder, abduction and conspiracy, seem to show some resolve towards securing justice to the families of victims of bogus encounters. Shahzad Ahmad Khan, Riyaz Ahmad Lone and Moham- mad Shafi Lone had gone missing in April 2010 after they went looking for “an army job.” On April 30 that year, an Army unit claimed that it had killed three militants in an encounter at Machhil in Kupwara district, but the families questioned the claim and insisted on a police probe. As the police investigation pro- gressed, the bodies were exhumed and an autopsy concluded that the three had been shot at point blank range. Eleven persons, including Colonel D.K. Pathania and two Majors were charge-sheeted in a criminal court at Sopore. Three “counter-insurgents,” it emerged, had pocketed cash from an Army unit for handing over the three men, and the men in uniform had, in turn, killed the trio and earned cash rewards for eliminating “militants.” Despite the police charge sheet, the Army successfully stalled the proceedings before a trial court and opted for a Court of Inquiry. The CoI came to the same conclusion as the police. If the experience of the Pathribal fake encounter, which dates back to 2000, is anything to go by, denial, delay and obfuscation have been the reflexive responses of the military establishment to credible complaints that some rogue elements in the armed forces are stag- ing killings, passing them off as encounters with “terrorists” and staking claim to rewards. Often, the process pits the military establishment against the police, which investigate such incidents and seek to prosecute armed forces personnel in regular criminal courts. After the Supreme Court ruled that the CBI required prior sanction under the Armed Forces Special Powers Act to prosecute the Army personnel involved in the Pathribal encounter, but not if they were tried by court-martial, the Army opted for its own internal probe. Perhaps chastened by this experience, the Army, in the Machhil case, departed from its routine practice of taking cover under AFSPA to evade investigation and scrutiny. Ac- countability for military misdeeds during counter-insurgency operations is undoubtedly a great challenge to the Indian state. If there is a lesson in this, it is that statutory shields granting impunity have ultimately to give way to the cry for justice and accountability. The lesson from Machhil encounter T he elections on November 19, largely unsoiled, returned Nepal to representative democracy, ending a period of rule by a political syndicate that had severely weakened the polity. Until the last moment, it was feared that the UCPN-Maoist may be able to mount the kind of election-time blitzkrieg of the earlier polls in 2008. It was not for the wanting, but the party failed to hijack the process, weakened by a split in the organisation, a disbanding of ex-combatants, and the evaporation of fear across the land. The run-up to the elections was anything but promising. The interim government of Chief Justice Khil Raj Regmi had been formed against the principle of separation of powers, and he seemed much too beholden to the “High Level Committee” dominated by UCPN-Maoist Chairman Pushpa Kamal Da- hal (‘Prachanda’). Many believed that the breakaway Maoist party of Mr. MohanBaidya was secretly aligned with Mr. Dahal, even more so whenthe campaignperiod was vitiat- ed by the former’s bombings and bandhs. While Mr. Baidya will have to answer for the violence, as the election date drew near it became clear that his agenda was Mr. Dahal’s all-out defeat. Critical issues were being bypassed inthese second-time elections for the Constituent As- sembly — the plunder of the exchequer, the stonewalling on local government, the weak- ening of state administration, a liaison with alien “agencies,” communal adventurism, the wounding of the judiciary and the candidature of accused war criminals. The last-min- ute leak of an audio tape, with Mr. Dahal exhorting his followers to use all instruments of electoral fraud, had everyone expecting the worst. Oligarchy The worries proved unfounded, mainly because the UCPN-Maoist leaders had already converted into the feudal oligarchs of Animal Farm. Distanced from even their own cadre, wallowing in nepotism, and unwilling to de- scend from their mansions and helicopters, the cohort did not seem to know that the ground had shifted. Without their ability to intimidate, the people would vote with their eyes and ears. It helped enormously that the Home Min- istry and Election Commission had ensured security, assisted by unprecedented support from the Indian government in preventing politico-criminals using the open border to cause mayhem. The first-time introductionof voter ID cards changed the atmospherics at the ballot centres. Kept informed by an alert media, including Nepal’s energetic network of FM radio stations, the voters of plains, midhill and mon- tane regions acted in unison to penalise the miscreants. All over the disparate communities and geographies, a kind of “cloud intelligence” emerged, withthe people voting in favour of democratic sanity. The absence of debate on the issues did not matter — the voters did not need coaching. The Maoists and their allies among the plains-based Madhesbadi parties were chas- tised for having derailed the first Constituent Assembly. They were punished for having promised social justice and an end to margin- alisation but using the time in power to line pockets, and to keep society unsteady and unproductive for more than seven years after the decade-long conflict ended in 2006. On the issues, the defeat of the Maoist and Madhesbadi leaders was mainly linked to the definition of federalism. The hill voters were aware that Mr. Dahal’s “single-identity” formula for upland provinces would deliver only Bantustans, advancing a handful of satraps while destroying the hopes of growth and development. The plains voters rejected the Madhesbadi leaders who had championed a peculiar plains-only province of 500 by 20 miles, anentity which could only deepenpov- erty in the flatlands. The eclipse of Dahal In the early hours of November 20, as the first-past-the-post results started coming in, Mr. Dahal and his deputy, Mr. BaburamBhat- tarai, panicked. Thinking that they were about to lose in both the constituencies they had each contested from (they eventually wonone each), and before the counting onthe proportional list had even begun, they directed the cadre to abandon their posts. In the month since, the UCPN-Maoists have been in a tailspin, taking contradictory positions and losing even more credibility thandemanded by the electoral reverse. They claimed systemic fraud while conceding the inability to provide evidence, declared coun- trywide malfeasance, other than where they had won, and threatened boycott of the As- sembly while proceeding with victory celebrations. But it was Mr. Dahal who has lost the most, after 23years as unchallenged party supremo. His hopes of becoming a directly elected president-for-life are dashed, and Mr. Bhattarai has suddenly started a Facebook campaign to unseat the chairman. By rights, Mr. Dahal should have resigned his post, but that would be a ticket to political oblivion in a radical party that faked its democratisation. The chairman has therefore desperately sought to save his own skin. He demanded revival of the “syndicate” with himself as chair, only to be rebuffed by the triumphant Nepali Congress and CPN (UML) parties. Nevertheless, by threatening to keep his party out of the Assembly, Mr. Dahal was able to stall the work of government formation and completion of the Assembly’s membership for a full month. This hiatus allowed time for discord to arise between the Congress and UML, as the two largest parties in the House (196 and 175 out of a total 601). Inthe end, the twoparties provided a sopto help Mr. Dahal manage his humiliation. On Tuesday, December 24, a compromise was reached on a high-level committee to be formed once the Assembly meets, to “assist” in the constitution-writing. When formed, this entity will have to be watched so that it does not challenge the authority of the sover- eign, elected Assembly. That having been said, Tuesday’s compromise now allows the Assembly to sit and also forma government — likely to be led by Mr. Sushil Koirala of the Congress. Progressive mandate Those members of the Kathmandu intelli- gentsia ever-willing to mop up after Mr. Da- hal have tried to come to his rescue by proposing fascinating interpretations of the election outcome. One pundit sought to draw a distinction between the “mataadhesh” and “janaadhesh” (voters’ mandate, whichhe suggested need not reflect the people’s mandate). Others warned the Congress and the UML not to ignore the “progressive” agenda of the Maoist and Madhesbadi, whereas the people had voted in the most progressive manner possible in sidelining the brazen communal- ists and rank opportunists. The New York Times reported the rather startling news that Nepal had taken a sharp turn to the right, whereas the people’s vote had elevated the social-democratic middle of Nepali politics vis-à-vis the radical left and emergent right. The proponents of Hindutva did make some inroads with the RPP-Nparty of Mr. Kamal Thapa bagging 24 proportional seats, but he did not get the landslide some had predicted and did not win any first-past- the post constituency. Mr. Thapa’s wooing of Mr. Narendra Modi just before the polls seemed to have backfired with the voters. The people gave the UCPN-Maoists 80 seats and a decent third place, just enough to keep them in the political and constitution- writing process, but without the numbers to hijack the drafting. The ballots have beencast in a manner that forces the UCPN-Maoist to democratise if it wants to remain relevant, with or without Mr. Dahal at the helm. The parties have committed to promulgate the constitution within a year, which will require tackling of the contentious issues that agitated the last Assembly. Ideally, the people will get a document that defines federal provinces according to economic geography rather than the parochial and self-defeating “single-identity” and “plains-only” formulae. The debate over declaring Nepal a secular or Hindu state can be resolved by simply avoid- ing reference to religion. As for governance, hopefully the parliamentary system will be selected rather than a directly-elected presidency or hybrid “French model.” For all of this to happen, the two largest parties must cooperate, in government formation as well as constitution-drafting. Hu- mility should be the companion of the Congress and the UML throughout, given that it was not their chequered record but the people’s “cloud intelligence” that has placed themin the driver’s seat. While a level of skulduggery will continue in Kathmandu politics as elsewhere, the re- turntoopensociety assured by the November elections will give a fillip to the economic revival that has already begun. At long last, the people may reap the benefits of normalisation, and they have no one to thank but themselves for this fine turn of events. (Kanak Mani Dixit is a civil rights activist and journalist based in Kathmandu.) Cloud intelligence in Nepal With the people having voted with their head and heart, Nepal is back on the track to constitution-writing and a turbulent democracy Kanak Mani Dixit All set to govern Though the Aam Aadmi Party is short of an absolute majority to form a government on its own, the Congress party has done us a good thing by deciding to lend issue- based support to it (Dec. 26). Both the national parties, Congress and BJP, must now allow Arvind Kejriwal to function on his own terms till at least the 2014 election is over. It is hoped that he will be above bias and not belie the hopes of the people. Finally, he must resist the temptation of going on a witch-hunt. M. Somasekhar Prasad, Badvel Nationally, almost a third of the country’s lawmakers face criminal charges and many are shielded by a slow-moving legal system. Now, with the AAP making its moves known on a Jan Lokpal Bill and insisting on probing alleged scams during the 15-year Congress rule, citizens are bound to follow the news closely! While other points in the AAP’s manifesto — up to 700 litres of water free every day and electricity prices being halved — sound impressive, the party’s deal withthe Congress could stymie this radical agenda. Reehana Kabeer, Thiruvithancode The point in the graphic, “Team Kejriwal” (Dec. 26), on the absence of a minority member as Minister in the AAP cabinet, and its being a first, is a bit surprising. The media need to remind all of us in India that we are equal. Please do not divide this country on a religious and caste basis. V. Balakrishnan, Chennai When he took office, U.S. President Barack Obama had a refreshing slogan, “Yes, we can.” Many expect the same thing fromMr. Kejriwal Arif M., Palakkad Under the given circumstances, the AAP had no option but to formthe government and with Congress support. Even if it survives for a short period, it can still leave its imprint on Indian politics. In this context, I recall the Tamil film Mudhalvan, which revolves around an ambitious TV journalist who becomes the chief minister for 24 hours out of compulsion. He proves his mettle, changes the mindset of the public, wins their confidence and goes on to rule for long. K. Manasa Sanvi, Srikalahasti At last, the sarkar of the AamAadmi will be sworn in soon. Congress vice-president Rahul Gandhi and other Young Turks inthe party who have suddenly discovered the virtues of talking about the need to fight corruption must join hands with the AAP. By identifying itself strongly with an anti-corruption platform, the Congress will have a chance to revive its sagging image. Comdt G.V. Mathew, Thiruvananthapuram The AAP has planned to have its swearing-in ceremony on Ramlila Maidan with a special platform being built. Is this necessary? Can’t this be done quietly in the Assembly hall? Does the event require such ostentation? The founder of the party, who is on record as having relinquished an official bungalow and shunning the red beacon, should have set an example to other parties by taking over on a low-key. A self- proclaimed common man’s government should have avoided this. The next question is: who is bearing the expenses? The party should not create a feeling that it is old wine in a new bottle. V. Rajagopalan, Chennai Undemocratic values This refers to the article “Unlearning undemocratic values” (Dec.26). To envisage a change in constructive thinking requires the will of society. Gone are the days when parents could easily and strongly influence their children on moral values. The phenomenal impact of technology has influenced and even corrupted culture. N. Visveswaran, Chennai Socially divided campuses of higher education often serve as the nurseries of political parties, either in pulling the masses or garnering youth support. There is need for a strong political will to further educational reforms and backed by sensitisation programmes across all levels of education. Lakshmi Swathi Gandham, New Delhi Higher education is not the right time to mould minds and hearts and sensitise them to socio- economic diversities. Civic education has to be imparted in the formative years of student life, between the ages of 10 and 15. During these critical years of personal growth, young impressionable minds are shaped and influenced by attitudes, prejudices and values of family and society. Once biases and stereotypical notions about other cultures, castes and religions get entrenched, later attempts to erase false perceptions will not succeed to the desired level. The middle classes have by and large deserted the government schools which now cater to the poorer sections of society. Revitalising government schools to attract students fromall segments is the only way to ensure a harmonious integration of society. V.N. Mukundarajan, Thiruvananthapuram Effective laws and policies are imperative for any civilised society. However, they alone cannot make society civilised. The writer, Sukhadeo Thorat, is right when he says “public policy can do little to influence informal learning...”. Laws and policies are capable of addressing the ends while the roots of the problemlie in the principles that we imbibe through society. These can be tackled only by ensuring value-based education at all levels. Kaveri Kumari, New Delhi When we were in primary school, a common uniformmade us look like one with teachers telling us that “All are equal in the eyes of god.” In high school, we were taught about liberty, equality, and fraternity. We carried these ideals to university, later realising that reality is different. In the process of education, we have lost the purpose of education. Our higher educational institutions may be churning out engineers, scientists, bureaucrats, but have certainly failed to produce good citizens. Velpula Ramanujam, New Delhi Her right, her victory This refers to the report “Man promises toilet, wife agrees to return home” (Dec. 26). Savita deserves our compliments for fighting in the court for a toilet and not for any other riches or comforts. The incident is an eye- opener on how in the absence of toilet facilities, less fortunate women in our numerous villages and towns suffer in silence. As recent surveys show, most households in the country lack this convenience. One fails to understand why this is not identified when the government embarks on exercises to identify BPL families. J.P. Reddy, Nalgonda Last game in whites “Pitting all-rounders of any era against the peerless Sir Garfield Sobers is a sheer audacity that borders on sacrilege,” wrote Imran Khan in The Guardian recently. Though there cannot be two views about the greatness of the great West Indian, South Africa’s Jacques Kallis is also a genuine all- rounder — all set to retire after the Durban Test against a spirited India. Despite his terrific feats on the ground, mass adulation always eluded him and he deliberately remained a low-profile cricketer throughout his career. The game of cricket hasn’t seen very many truly great all-rounders. Only a few like Sobers, Botham, Keith Miller and Kallis who did justice to the often misused tag of an all-rounder come to mind. Sumit Paul, Pune Since the departure of Richard Hadlee, Ian Botham, Imran Khan and our own Kapil Dev from the game of cricket, Kallis has been the best all-rounder in the world. In fact, he could be rated next to Gary Sobers, who still holds the title. How we wish that he is allowed to complete 300 wickets and 200+ catches too! Everyone is not as fortunate as Sachin Tendulkar to leave on his own terms. Janaki Mahadevan, Chennai LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T he political and moral aspects of the Gujarat snooping case appear to have overtaken the substantive legal issues involved in the State government ordering intrusive surveillance on a young woman without observing the mandatory procedural safeguards. With the Union Cabinet granting approval for the setting up of an inquiry commission to probe the scandal, the case is in danger of being reduced to another slanging match between the Con- gress and the Bharatiya Janata Party in the run-up to the 2014 general election. That the BJP’s prime ministerial candidate Narendra Modi is believed to have taken personal interest in placing the woman under surveillance for no legally justifiable reason has given a hard, political edge to the case. What should ordinarily have revolved around charges of violation of the privacy of the woman, and the misuse of official machinery for whimsical ends by ruling politicians in Gujarat, is now a full-blown political controversy covering a range of issues from Centre-State relations to moral policing. Evidently, the Congress is hoping that some of the dirt it rakes up on this issue will stick on Mr. Modi, who often takes the high moral ground both on issues of administrative propriety and public policy. And the BJP is intent on presenting the entire episode as a witch-hunt by the Centre over a non-issue. With the Gujarat government having already constituted a Commission of Inquiry to go into this sordid episode, the decision of the Centre to set up another inquiry commission on the same issue will necessarily be seen as a politically coloured exercise. Although the Commissions of Inquiry Act, 1952, prohibits the Cen- tral government from ordering an inquiry under the Act if a State government has already constituted an inquiry on the same matter, the Centre is taking refuge under the exemption provided in the Act for inquiries whose scope needed to be enlarged to two or more States. As the surveillance on the woman by the Gujarat police extended to Karnataka as well, the Congress could not resist the opportunity to score some political points from the scandal. Inquiry commissions in the past have generally toed the line of the government that brought them into being, and it would not be surprising if the State commission of inquiry and the Central commission of inquiry come up with conflicting reports on the same subject. Instead of being misled by the political noise over the issue, the inquiry commissions will hopefully end up strengthening the law of privacy in India, and lead toward the stricter implementation of safeguards against misuse of provisions that were meant to ensure larger national and public interest, and not serve some private agenda of those in power. Politics of privacy CARTOONSCAPE http://jobsalerts.in CM YK BG-BG SATURDAY, DECEMBER 28, 2013 10 THE HINDU SATURDAY, DECEMBER 28, 2013 BANGALORE EDITORIAL T he Ahmedabad Metropolitan Magistrate’s finding that there is no evidence to prosecute Gujarat Chief Minister Narendra Modi in a case relating to the communal riots in 2002 may not be the last word in the legal domain, but is surely of great import for the political fortunes of the Bharatiya Janata Party’s prime ministerial candidate. The order is significant for what it did not say: a finding that there was some prosecutable evidence that Mr. Modi had told senior police officers to “allow Hindus to vent their anger” would have created a political storm in the run-up to the election and cast a shadow on his candidature. In the event, Magistrate B.J. Ganatra rejected as unreliable the affidavits of Sanjiv Bhatt and R.B. Sreekumar, two police officers who spoke out against him. The matter is far from over, as activists, and survivors of the massacre, are certain to take it up in a higher court. When Zakia Jafri, whose husband and former Congress MP Ehsan Jafri was one of the 69 people killed in the Gulberg Society massacre in Ah- medabad, took up the fight to ensure justice to the victims of the post-Godhra carnage, it was seen as an opportunity to ensure accountability at the highest level in the State government. At issue was whether it could be established that Mr. Modi gave such a controversial instruction to police officers and that to ensure that it was carried out, he placed two Ministers in the police control room. The Special Investigation Team did not find enough evidence to back this theory. Ms. Jafri’s persistence and the chance she got to rebut the SIT’s findings kept the issue alive. Senior advocate Raju Ramachandran, who was appointed amicus curiae, disagreed with the probe team’s report and argued that there was prima facie material to proceed against Mr. Modi for “promoting enmity between different groups” and making “imputations prejudicial to national integration”. The Magistrate has upheld the SIT’s report and rejected theories of a “larger conspiracy” by Mr. Modi and others. In an intriguing display of grief a decade after the violence, Mr. Modi has claimed that he was “shaken to the core” by the riots. For those still sceptical about the relevance of the judicial clean chit in the face of the enormity of such state-condoned violence, this would be a much-delayed response to capture the moral high ground, now that the legal issues are behind him. Be- yond the legal issues, however, questions over Mr. Modi’s moral and political accountability still remain. The symbolism of Ms. Jafri’s plight — the impression that the Gujarat riot victims are fighting an unequal battle to enforce accountability — is something that political India will find it difficult to ignore. Legal relief for Mr. Modi H e left the police station laughing, an hour after he had been detained on15 counts of assault and rape, one afternoon in 1981. New York resident Carol Holmes had that day spotted the smartly dressed man who had beaten and raped her at her apartment, walking down a Manhattan street. The police first exulted that they had found a man they believed was responsible for multiple crimes. Then they realised they could do nothing about it. Manual Aryee, 19, was the son of a diplomat at Ghana’s Embassy, and therefore protected by diplomatic immunity. “For all I know,” Ms. Holmes told People magazine, describing Mr. Aryee’s release, “he could have been going to a French res- taurant for dinner.” Indian diplomat Devyani Khobragade’s incarceration in New York has divided opinion sharply in India and abroad. To some, she is an emblem of hurt national pride; to others, a callous exploiter. Her former maid, Sangeeta Richard, has been cast as both a Green Card-seeking operator and as a victim of India’s notoriously arrogant élite. As in every similar conflict, the diplomat and the maid have a story to tell — and will do so in a court of law. These questions, though important, are also irrelevant to the diplomatic issues involved. New Delhi’s retaliatory actions against U.S. diplomats in India — a rare display of spine — are a necessary defence of a critical principle in relations between nation-states. Fraying Conventions For years now, the Vienna Conventions on diplomatic immunity have been fraying at the edges — largely driven by public outrage over cases like that of Mr. Aryee. It was not too long ago that the shoe was on India’s foot. Earlier this year, the Supreme Court restrained ItalianAmbassador Daniele Man- cini fromleaving India, saying he had failed to honour commitments that two Italian marines charged with the murder of fishermen off Kerala would stand trial. India’s actions were a flat-out violation of Article 31 of the 1961 Vienna Convention on Diplomatic Relations which says diplomats “shall enjoy immunity fromthe criminal ju- risdictionof the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction.” European diplomats protested, rightly, against what they argued was an egregious violation of the Vienna Conventions. There have been a string of similar cases across the world. In 2011, notably, authorities in Pakistan held Central Intelligence Agency contractor Raymond Davis after he shot dead two armed men in Lahore. The U.S. insisted his rights as a diplomat were violated by his arrest. Internet searches reveal a long list of abuses of diplomatic immunity: murder, rape, drunk-driving incidents. Each of these, on the face of it, involved unacceptable crimes. In each case, letting the perpetrator remain free was the right thing to do. These cases had one thing in common: a host country determined that immunity should not give the perpetrator impunity. This is morally true — but it is a price nations have agreed to pay for a larger gain. The alternative is to make envoys vulnerable to wrongful pressure and coercion, which in turn would make diplomacy impossible. New documents released by India show Dr. Khobragade had complete immunity fromprosecution of arrest, the consequence of her accreditationtothe United Nations on temporary duty. However, the U.S. State De- partment could reasonably argue it was unaware of this — even India’s External Affairs Ministry only awoke to this circumstance many days after her arrest. Even if Dr. Khobragade was only India’s acting consul-general, she would have still have enjoyed substantial protections against arrest under the 1963 Vienna Convention on Consular Relations. Article 41 says “consular officials shall not be liable to arrest or detention pending trial, except in the case of a grave crime ….” It also stipulates that they “shall not be committed toprisonor be liable to any other form of restriction on their personal freedomsave inexecutionof a judicial decision of final effect.” This is not equivocal language. U.S. law It has been argued that Dr. Khobragade’s alleged crime was a felony under U.S. law, a category that the country uses to distinguish serious offences from misdemeanours. Thus, the argument goes, her alleged offence met the “grave crimes” stipulation of the Convention. Felonies, though, encompass a range of crimes. In some U.S. jurisdictions, they even include the theft of over a certain amount of money. It cannot be reasonably argued that suchoffences meet the Convention-mandated criteria of a “grave crime.” Nor can individual states be allowed to assign arbitrary assignations of gravity, for obvious reasons. The State Department’s own 2011 guidelines onimmunity note that the immunity of consular and diplomatic personnel “generally precludes handcuffing, arrest or detention in any form.” It adds just one caveat: “circumstances where public safety is in imminent danger, or it is apparent that a grave crime may otherwise be committed.” Dr. Khobragade might indeed have lied on a visa form to bring a domestic help from India on less than the legally-mandated wage. She might have treated her domestic help badly. It is nobody’s case, though, that India’s acting consul-general in New York was about to torture or kill. The correct procedure was demonstrated a few days ago, after a Mumbai resident brought molestation charges against Mo- hammed Abdulaziz Al Khaja, Bahrain’s Con- sul-General. The Mumbai Police initiated proceedings against Mr. Khaja, but his immunity has ensured he is not arrested. It is probably true, as the New York authorities have claimed, that Dr. Khobragade was treated just as any U.S. citizenaccused of a similar crime would have been treated — and that is precisely the problem. Why immunity is important There are several theories underpinning the notion of diplomatic immunity — among them, the now-outmoded idea that an ambassador represents the body of a foreign king; the notion that an embassy is in fact foreign territory; the idea that such immunities are necessary for the smooth conduct of foreign relations. Behind these theories lies one simple truth: if one nation punishes diplomats for good reasons or bad, there is nothing to stop the other nation from doing the same. For all practical purposes, diplomats would be at risk of becoming hostages. Understanding this, nation-states have let diplomats literally get away with murder. In 1984, Libyan embassy staffer Salah Ameri allegedly opened fire at protesters, killing British police officer Yvonne Fletcher. Bri- tain severed diplomatic relations, after which the accused embassy staff member left the country. In a thoughtful analysis published in 2000, legal scholar Dror Ben-Asher noted that “the occasional abuse of the diplomatic immunity rules is largely offset by the continuing need for them.” He added: “The actual number and percentage of abuses affecting fundamental human rights is relatively small, [and] therefore a complete wholesale rewriting of the rules or even a too-radical reform, is undesirable.” Put simply, arresting a diplomat in violation of the Convention signals contempt for international norms — and with it, signals that one nation-state believes it can violate the rights it accords another. Long before modern diplomatic conventions began to evolve in 17th-century Eu- rope, great civilisations understood the importance of ensuring that diplomatic envoys were inviolate. The ill-treatment of Ra- ja Raja Chola’s envoys sparked the Kandalur War in 994 CE. Genghis Khan’s armies insisted on the inviolability of the lives of their ambassadors — and razed entire cities to defend the principle. The Mongolian con- quest of the Khwarezmid empire in 1219 began after one of Genghis Khan’s ambassadors was beheaded. New Delhi’s more civilised expression of wrath, notably by denying U.S. diplomats unilateral courtesies, is legitimate. There is plenty of reason to believe the State Depart- ment’s casual consideration of Dr. Khobra- gade’s privileges was grounded in an institutional unconcern for Indian reactions. Earlier this month, New York authorities were prevented from arresting 49 Russian consular and diplomatic officials and their spouses, charged with embezzling millions. It is probable that the near-certain- ty of Russian retaliation helped focus the State Department’s mind. It is also important, though, that New Del- hi upholds the Convention — not subvert it. New Delhi’s effort to shield Dr. Khobragade from prosecution by giving her full diplomatic immunity is fundamentally misplaced; the Convention gives Dr. Khobragade no such immunity. It is also important for the government to initiate a credible investigation into claims by Dr. Khobragade’s domestic help that efforts were made to intimidate her family in India. The larger challenge, though, is before the U.S.: it has the choice to do the right thing and admit wrongdoing. To remain recalcitrant, as it has been, is to contribute to the slow unravelling of an international convention that keeps its own diplomats safe, every single day. [email protected] Why diplomatic immunity matters The Khobragade case is not about hurt national pride. There is a principle at stake here, and that makes New Delhi’s rare display of spine a welcome sight Praveen Swami Clean chit to Modi The Ahmedabad Metropolitan Magistrate’s one-line order rejecting Zakia Jafri’s protest petition without assigning reasons is surprising (Dec. 27). With Mr. Narendra Modi now in the national electoral fray, the onus is on the courts to decide the case immediately in view of the 2014 election. Its impact on his likely electoral win is crucial. A.V. Narayanan, Tiruchi The verdict has disappointed crores of secular people in this country. Truth is sometimes elusive even in the judicial system which needs concrete evidence and witnesses to prove guilt. We must admire the spirit of Zakia Jafri and hope that she gets justice. A. Abdul Razack, Perundurai Investigating agencies are capable of both the creation and obfuscation of evidence. The lack of evidence enunciated by the SIT does not absolve the agency of its responsibility of examining the crux of the problem and the real hand behind the terrible event in Gujarat. If the wife of a slain former parliamentarian is made to run from pillar to post in search of justice, the plight of ordinary citizens can be imagined. Annadurai, Srirangam The issues that remain unresolved are: who provoked, who abetted the crimes, who perpetrated them and who executed these crimes in the open? As honest and secular citizens, 2002 left us all wounded. V. Krishnamurthy, Bangalore The court’s rejection of the protest petition is certainly not the last word on the alleged complicity of the Modi administration in the 2002 pogrom. The SIT chief’s elation at the verdict is intriguing given the fact that the SIT ignored crucial evidence of police officers who worked in the State and its marked reluctance to get to the bottom of the role played by the State administration in the riots. J. Anantha Padmanabhan, Srirangam Of course, Mr. R.K. Raghavan may be satisfied. When all is said and done, it is not easy to erase the memory of the chilling incidents. One is reminded of the aphorism, “Not only must justice be done; it must also be seen to be done.” Persons who continue to slog for justice need to be appreciated. Let us hope that Ms. Jafri makes steady progress towards justice. Gnana Surabhi Mani, Madurai The SIT has always maintained that there was no “prosecutable evidence” for filing a charge sheet. Among CBI directors, at least a lone retired one seems to be no caged parrot. But the Congress will not give up. The Centre is setting up a judicial panel to probe “snoopgate” in its desperate and frantic attempt to fix Mr. Modi before 2014, which would only augment the BJP’s vote bank. Col. C.V. Venugopalan (retd.), Palakkad It is obvious that the Congress is smarting and bent upon exacting revenge. Mr. Modi is already deriving endless mileage and any more attempts to malign him will only backfire. The Congress has to take a hard look at its electoral strategy rather than making it a one-point agenda of Modi-hunting Jaya Varma R.K., Pandalam Knowing Mr. Modi, he will not waste even a second to make political capital out of the verdict. He is bound to present this probe as the “Congress way of silencing its critics.” On its part, and in its haste, the Congress has unwittingly armed Mr. Modi with more ammunition in the battle for power. With the great electionround the corner, the grand old party needs to avoid negative tactics and instead talk of other issues involving good governance. V. Rajagopalan, Chennai One can understand the pain Ms. Jafri feels. Maybe it’s her faith in the judicial systembut she does not seem to realise that in any battle against the powerful, it is not easy to take them on. Not a single top leader has been sentenced in India for his/her hand in conducting riots. The Sri Krishna Commission on the Mumbai riots is an example. Bidyut Kumar Chatterjee, Faridabad I am not sure whether those who are aggrieved will be satisfied with all aspects of investigation, even if the matter is taken to the Supreme Court. Any investigation is likely to have one or two missing links, as it is based on available and admissible evidence and not on surmises and possibilities. There is also no cause for celebration or terming the finding a travesty of justice. Giving a political colour or communal overtones to this issue is fraught with the danger of precipitating a communal situation, especially with the general election fast approaching. S.V. Venkatakrishnan, Bangalore In India, a lot of money and time is spent on probing the alleged corrupt/criminal deeds of politicians, thanks to political vendetta. Eventually, nothing is proved. It is time governments introspected on this matter. S. Ramakrishnasayee, Ranipet A taint The lesson from the Machhil encounter (editorial, Dec. 27) is a classic example of a few black sheep in uniformtainting the image of an institution. Perhaps, the institutions that train officers need to have the subject of human rights as a part of their curriculum. There is also a need to look into the policy of evaluating Army units based on “militant kills.” Rishesh Singh Sikarwar, Roorkee, Uttarakhand Unfortunately, incidents involving Army men in the past have taken away some of the sheen and respect people had for the Army. One recalls the case of an officer who faked his claimfor a gallantry medal after a court-martial found some in the unit guilty of splashing tomato ketchup on civilians to make them appear to be “dead” rebels killed ina gun battle. A. Prabaharan, Tiruchi The indictment of the Army personnel will boost the doctrine of Winning Hearts and Minds (WHAM) adopted by the Indian Army since 2009. It must also ponder over the need to selectively lift the AFSPA fromKashmir. Rohit Vyas, Ghaziabad State of AICTE There are numerous issues that plague the higher educationsystem, the most important being the myriad private institutions coming up without adequate checks and balances (Dec. 27). These institutions act as a ticket to MNC jobs and have in a way eroded the sanctity of knowledge-based education. The role of the state becomes even more crucial in creating a nimble-footed and dynamic system to sustain the growth story of India. Without an education system that is ethical, India faces the danger of losing its competitive advantage not only to China and Brazil, but also to smaller developing nations like Malaysia and the Philippines. Shashank Shekhar Pandey, Jaipur LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. H ad Jacques Kallis played all his career as a batsman alone, he will have had a place among the greatest in the game’s history. Consider the evidence. Only Sachin Ten- dulkar (15,921), Ricky Ponting (13,378), and Rahul Dra- vid (13,288) have more runs than Kallis’s 13,174 (not including his final Test in Durban). Only Tendulkar (51) has more centuries than Kallis’s 44. And except for Kumar Sangakkara (56.98), no one with more than 10,000 runs has a higher average than Kallis’s 55.12. It’s an excellent record in itself; seen together with 292 Test wickets, it’s truly staggering. A rough estimate of an all-rounder’s quality may be had by subtracting his bowling average from his batting average — the bigger the difference, the more impressive the record. By this metric, only Gary Sobers (23.75) compares with Kallis (22.59). The method favours batting all-rounders over bowling all-rounders; the corresponding figures for Imran Khan (14.88), Keith Miller (14), Ian Botham (5.14) and Kapil Dev (1.41) suggests as much. But it still gives a sense of how extraordinary Kallis is. He moreover is a rarity among all-rounders — a top-order batsman who could hit 90 mph, a speed only the fastest breach. For good measure, he also took 199 catches. But not even his quite incredible numbers fully convey Kallis’s worth. From the time he made his first century, a match-saving, fourth-innings 101 against Glenn McGrath and Shane Warne at their best in Mel- bourne in 1997, he was South Africa’s anchor. The pressure of responsibility held Kallis’s creative forces in place. An attractive, classically correct player with the ability to play muscular strokes off either foot, he denied himself. The weight of having to succeed every time was not unlike what Sachin Tendulkar experienced, and it wasn’t until Graeme Smith, Hashim Amla and AB de Villiers made their mark collectively that Kallis allowed himself freedom. But there was little loss in solidity. Except for a slight vulnerability to the full, in-swinging ball late in his career, there were few chinks in his batsmanship. His bowling was versatile, and he could swing the new ball, drop his length and quicken his pace when it lost its shine, and deny runs if all else failed. He had a particularly nasty bouncer, especially early in his career, and a knack for dismissing big batsmen. He was reluctant to exert himself later in his career, but a contest-twisting spell was never beyond him. The most complete cricketer of his generation, he was the first name on any fantasy World XI squad-sheet. As his grateful teammates often said, having Kallis in the side was like playing with 12 men — no wonder South Africa ascended to the top of world cricket. The all-rounder of his era CARTOONSCAPE http://jobsalerts.in CM YK BG-X MONDAY, DECEMBER 30, 2013 8 THE HINDU MONDAY, DECEMBER 30, 2013 BANGALORE EDITORIAL T he Congress, which has in the recent period been in denial on the issue of corruption and has been loathe to act on it unless forced by the courts, is demonstrating an election-eve resolve to do the right thing, on being prodded by the leader. Congress vice-president Rahul Gandhi has forced the Maharashtra government to reconsider its decision to reject a judicial enquiry report into the Adarsh housing society scam. From the time he held an impromptu press conference to advise the United Pro- gressive Alliance (UPA) government against going ahead with a controversial ordinance to nullify the Supreme Court verdict on automatic disqualification of convicted legislators, Mr. Gandhi has sought to create for himself what seems to be the only available space for public morality within the party, even on matters concerning governments run by it. Before the Lokpal Bill was passed in Parliament, he held forth on the need to display seriousness in fighting corruption, and he has now ad- ministered a rebuke to the Congress-led Maharashtra government over its controversial decision. There was a time in the earlier phase of the UPA regime at the Centre — the appointment of P.J. Thomas as Central Vigilance Commissioner and the 2G spectrum allocation process are telling examples — when the government would unmistakably choose the wrong course of action and brazen it out until the superior judiciary intervened. The pattern has slightly changed now, with Mr. Gandhi casting himself in the role of the party’s conscience-keeper. When the party leadership goads its governments to observe higher standards of conduct, the outcome — the dropping of the Ordinance to protect convicted MPs, for instance — is certainly to be welcomed. Yet, the truth is that the Congress does not seem to have many who would choose to act against corruption, when the alternatives of denial and cover-up are available. Mr. Gandhi by himself does not seem to have had any sal- utary effect on governance and is able to intervene only belatedly. As the opposition has pointed out, he had little to say in the past on the Commonwealth Games or coal block allocation scams. And the Ordinance amending the Prevention of Corruption Act had been sent to the President for approval before he dismissed it as ‘nonsense’. Mr. Gandhi’s intervention, laudable though it may be, will not be enough to rid the Congress of its image as a party prone to denying or covering up wrongdoing. The party needs to internalise the message of the recent electoral outcomes that speak of the need for an alternative political culture. Its leaders need moral fibre of their own and should not expect correctives to be handed down through its leader’s selective and sporadic interventions. A predictable pattern I n the Devyani Khobragade drama, the media have largely focussed on two themes and stoked wounded national pride around those. One: the outra- geous manner of the arrest of the Indian consular official. Two, the perfidy of the United States. Of the latter, there has been plenty in the past few years. But you barely saw a whimper of anti-U.S. sentiment in the mainstream media. It took the Khobragade case toproduce that. She has beencharged in New York with visa fraud and illegally underpaying her domestic helpand housekeep- er Sangeeta Richard (who is also an Indian citizen). Both the human story and the U.S.- bully story are easily told, and indeed have been, many times over these past few days. With the crude bungling of her arrest, and the harsh manner of it, the U.S. has raised Indian hackles. And, of course, we’ve had yet another display of U.S. double standards on diplomatic immunity. Incidents and Indian reaction What’s been an intriguing and no less riv- eting a story, is the high-voltage response of the Indian government. The rage and fury it has displayed. None of which was seen in many other cases that cried out for a much stronger response to U.S. wrongdoing. The Edward Snowden revelations earlier this year showed India to be one of the biggest targets of electronic espionage by the Na- tional Security Agency (NSA) of the U.S. Yes, ahead of evenRussia and China. The scope of the damage done to us has still barely been explored. We know the IndianMissiontothe United Nations was, and perhaps still is, bugged. We know that the G-20 meeting in London that Prime Minister Manmohan Singh went to in 2010 was also bugged. The latter, by the Government Communications Headquarters (GCHQ), the NSA’s British sibling. Brazil, less affected than India, saw Presi- dent Dilma Rousseff cancel a state visit to America. An angry Ms. Rousseff sought an apology and an end to digital snooping. She also launched a scathing attack on U.S. spy- ing, in a speech at the United Nations this September. India said and did nothing. Though an American judge did, saying the NSA’s mass surveillance was most likely illegal even within the U.S. Our supine silence meant that Dr. Singh’s own trip to the U.S. went off without a glitch. There was no flurry of angry statements fromtop officials whena U.S. Navy ship fired on a small fishing boat off Dubai in July last year. The USNS Rappahannock opened fire, killing one Indian fisherman and wounding three. All four — in a total crew of six — were from Ramanathapuram in Tamil Nadu. The survivors said they had no signal, warning or inkling of an attack. The Indian Ambassador to the UAE told Reuters at the time: “Obviously if they were warned they would not go close to such a big vessel. Even if shots were fired in the air, these fishermen would have moved away.” After a day or twoof reports inthe media, the story sank in silence. We saw no furious External Affairs Minister blasting the U.S. Nor a Parliamentary Affairs Minister saying: “A regret for the sake of formality is not enough. They should apologise in unambig- uous terms and accept their mistake.” All of that was reserved for the present dispute. Wrongly jailed Indian sailors in Togo waited months for their government to act. One of them is yet to be released. In the Devyani case, India was on the attack fromday one. Many mighty Indians have been through humiliating pat-downs and checks at air- ports in the U.S. That includes former Presi- dents of this country, serving Ambassadors to the U.S., and others. George Fernandes while Defence Minister was twice subjected to intrusive searches. One of these was described by a former U.S. Deputy Secretary of State as a “strip search.” It’s even happened, horror of horrors, to Bollywood’s brightest and best. But none of these instances drew a response like the one we saw over Ms. Khobragade. Why? Because the charges levelled against her might well apply to a very large number of our embassy and consular staff? And not just in New York? Imagine the embarrassment ahead if this prosecution were to extend tothe rest of the fraternity. After all, the domestic help who have been ripped off are also Indian citizens. What if some group clubbed together a raft of such cases and brought something like a class-action suit in American courts? It would be quite logical. And it could cost the government of India millions of dollars. Issue of underpayment Those voices raising the issues of labour and exploitation in the Devyani case have found very limited space in the media. Unions and activists speaking for domestic workers have had things to say, but they mostly go unheard. To date India has not ratified the ILO’s Domestic Workers Con- vention 2011 (189). It could be that the full truth of the Devya- ni case itself is yet to emerge. But the underpayment and ill-treatment of domestic help by Indians is routine and obnoxious. In the U.S. and elsewhere. Indeed, in New York groups sprang up in the 1990s to organise such workers and defend them against inhuman treatment. That’s a whole set of stories in itself. Indian domestic workers are often brought into the U.S. by their employers as ‘family members.’ On arrival, some have their passports confiscated by their ‘family.’ That ensures they cannot run and cannot hide. Some of these workers have remained locked up in apartments or houses for weeks while their ‘family’ goes on vaca- tion, leaving themwith meagre rations. This is not the first time the American legal machinery has moved on such a case. The other instances have been no less shameful. Here, though, if the prosecutors proceed against all offenders, a muchgreater fraternity stands threatened. Hence, “a regret for the sake of formality is not enough.” The Indian government wants the proceedings dropped altogether. Under-payment is another story. This is the most dreary, routine practice within In- dia. And not just with domestic workers. There are several private colleges in the country, for instance, which employ lectur- ers ostensibly at UGC scales. All the paper- work, including the payslips they sign, show them getting UGC-scale salaries. In truth, they get a fraction of that. But this is accepted as ‘normal.’ People getting ripped off by manpower export sharks is also seen as ‘normal.’ And some of the Gulf states have found it convenient to go along with this for decades. So, when one prosecutor in a foreign land does not accept such conduct as normal, there’s panic. More so since it affects an elite Indian service. All we did was to extend good old Indian elite tradition, or parampara, abroad. How dare anyone challenge that? The India-U.S. nuclear deal demands media scrutiny. And indeed, governmental action. To date, India has got very little of what it signed up for. But where are the angry responses and demands for restitu- tion? Indeed, the U.S. government has demanded we change our liability laws if we want it to deliver on that deal. All that the government of India is asking for inthe Kho- bragade matter is a dropping of charges. The Americans want us to change our very laws. Even those tested and upheld in our Su- preme Court. More recently in Bali, we celebrated a ‘victory’ that ‘benefits everyone,’ over a deal that does little for food security now, while trading away quite a bit of it inthe future. Again: a marked lack of toughness in response. No cries of conspiracy. Not even what would have beenvalid charges of extor- tion. The list is endless. But there’s an amazing level of protest on a case involving — on the surface — a single consular official. It is possible that there’s much going on in the background we don’t know about. Yet, even as Ms. Khobragade’s problems inthe U.S. are far fromover, others confront her in India. She is named in the Commission report on the Adarsh scam. She figures in it as one among several ineligible persons who got a flat inthe Adarshbuilding. With the U.S. rejecting the demand to dropcharges against Ms. Khobragade, things will get tricky. This is indeed an issue of principles, not of the individual Ms. Khobra- gade. But any coming face-off, if one occurs at all, won’t be onany of the issues we need to confront the U.S. on. Merely on our fundamental right to rip off our servants and exploit labour. [email protected] Pride and parampara in Manhattan What if a class-action suit came up in the U.S. courts on the ripping-off of Indian domestic workers there? That fear drives the government’s outraged response to Devyani Khobragade’s arrest P. Sainath What railway safety? It is distressing that despite instances of train accidents increasing, the Railway Ministry resorts to its lackadaisical attitude to absolve itself of any guilt. The Bangalore City-Nanded Express fire accident (Dec. 29) has been reported to be the fourth major trainaccident inAndhra Pradeshin a span of less than two years. Once again, it has become customary to announce an ex-gratia amount as compensationto those affected and hope that the matter will rest there. The Railways is guilty of looking away fromthe recommendations of the National Disaster Management Authority. M.A. Madhusudan, Bangalore For an average Indian, the sorry state of our train coaches needs no elaboration. Maybe that is the reason why the accident, though tragic, comes as no surprise. Recently in Latvia, its Prime Minister resigned, taking moral responsibility after a supermarket collapse whichkilled 54 people. But in our country it is business as usual. Bipin Thaivalappil, Kannur The Railways has yet to accept the goldensaying, “Preventionis better than cure.” In this connection I recollect two slogans written on road barricades: “Donate your blood, but not to the road” and “Some accidents happen, some are invited.” When we take pride in the fact that our railways is one of the largest global rail networks, it is essential that we are able to run services without accidents. Ordering high-level probes and commissions of inquiry are akin to a routine post-mortem. R. Sridharan, Chennai Members of my family and I recently travelled to Rameswaram and back in an air-conditioned coach. One of us remained awake in case of any trouble, recollecting Couplet 435 in Thirukkural: “Who fails to guard himself from flaw, Loses his life like a flame-lit straw.” The coach attendant and the TTE were nowhere tobe seen. The coach had visible defects. Discreet inquiries with railway staff revealed that most maintenance had been entrusted to contractors, who employ unskilled and cheap labour. The technology used in coaches must also be upgraded. Lighting systems and their control is very poor. Let me quote also Couplet 436 in Thirukkural: “What fault can be the King’s who cures first his Faults, then scans others.” J. Kripasagar, Chennai It is tragic that even air- conditioned coaches are poorly maintained. I am a frequent rail passenger and often find, apart fromvermin like rats, bedbugs and cockroaches, repairs to electrical fittings being done in certain non- standard ways. Even the basic coach design is faulty from the point of safety. The Railways should consider removing all side berths, which will leave a corridor free of any obstruction. The loss of revenue can be made up by hiking fares. E.E. Rajakumar, Thiruvananthapuram As an NRI, this accident will become an all-too-familiar story whichthe westernmedia will use to attack India with — the casual attitude and a lack of regard for life. In Australia, for example, if a personis lost ona raft mid-ocean, it immediately becomes cause for sincere concern and the whole nation rivets its attention to see how he or she can be saved, with public money spent willingly on this. If soldiers lose their lives in combat overseas, the nation pays homage in a touching manner. Where is such concern in India or even reports by the media? What is the matter with the people and the government here? Joga Chaganti, Sydney, Australia It’s CM Kejriwal A stunning debut in the recent elections, the formation of a government in the country’s capital, a swearing-in ceremony amid scores of ardent supporters … things could not have got any better for TeamKejriwal. Delhi-ites must be complimented for encouraging the arrival of fresh blood in politics. Though it did get a decisive mandate in its favour, the AAP’s victory shows there is a chance for young leaders. Saranya Alagappan, Chennai The jet-speed decisions taken hours after coming to power — the reshuffling of Delhi’s top bureaucracy, restricting the use of red beacon lights, need-based provision of security and the shunning of stately bungalows — all remind me of the plot of Shankar’s Tamil film, Mudhalvan. Bhanamma Aravinda Bai, Hyderabad Repeal Section 377 As Harvard-affiliated physicians and behavioural scientists who have conducted HIV prevention research and education in India for more than 15 years, and who have cared for people living with HIV/ AIDS since the first days of the epidemic, at Fenway Health (www.fenwayhealth.org) in the U.S., we write to express our concern over the recent Supreme Court ruling upholding Section 377 of India’s Penal Code. We respectfully ask the government and people to repeal this colonial- era law criminalising same-sex behaviour. We want to express our admiration for India’s successful management of the HIV/AIDS epidemic. While India has the third largest HIV-infected population, HIV there has not become an uncontrolled, generalised epidemic (as is the case in southern Africa) as many feared it would when the first cases were reported among sex workers in Tamil Nadu in 1986. India’s HIV success story has much to teach the rest of the world. Nevertheless, it is also important to recognise, as we noted in a special issue of the Indian Journal of Medical Research (IJMR) two years ago, that while more than half a million Indians are currently receiving life-saving antiretroviral treatment, substantial unmet need remains. In 2005, we surveyed men who conducted HIV prevention work among men who have sex with men (MSM) Chennai. We found that 85 per cent reported harassment from the police, and 86 per cent reported harassment from “thugs,” individuals or groups of men with criminal records. Two-thirds said they were harassed at least once a week. In a survey with MSM in Chennai, we found that 39 per cent experienced high rates of stigma. We surveyed MSMin Mumbai and found high rates of suicidal ideation, depression and anxiety. Laws criminalising homosexuality, and social pressure to marry, negatively affect the mental and physical health of MSM and place female partners at increased risk of HIV. Some argue that India’s unique cultural and religious traditions preclude social acceptance of homosexuality. As U.S. Secretary of State Hillary Clinton said two years ago onInternational HumanRights Day, “Some seem to believe [homosexuality] is a western phenomenon, and therefore people outside the West have grounds to reject it. Well, in reality, gay people are born into and belong to every society in the world…. Being gay is not a Western invention; it is a human reality.” United Nations Secretary General Ban Ki-moon said much the same earlier this year, when he said that culture, tradition and religion “can never justify the denial of basic rights,” and called for an end to the criminalisation of same-sex behaviour. As we noted in the IJMR, “currently available tools can arrest, if not end, the [HIV] epidemic.” These include increasing the number of people living with HIV who are on treatment and who are virally suppressed, promoting pre- exposure prophylaxis (the use of antiretrovirals to make one less likely to become infected if he or she is exposed), and targeting those who bear the greatest burden of HIV in India and in many other parts of the world — sex workers, MSM, and people who inject drugs. Key to reducing the burden of HIV among MSM and transgender Indians is decriminalising same- sex behaviour and reducing cultural stigma toward LGBT people. We respectfully urge India to repeal this law and move forward on the path toward equal rights for all. This is the right thing todo, and it will also have a positive impact on public health. Kenneth Mayer, Sean Cahill, Steven Safren, Matthew Mimiaga and Harvey Makadon, The Fenway Institute, Boston, U.S. LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. A three-tier air-conditioned coach of the Ban- galore-Nanded Express was engulfed in flames near Anantapur, claiming 26 lives in the early hours of December 28. The cause of the fire is still under investigation. However, preliminary reports from the site of the tragedy, confirmed by the Andhra Pradesh Director General of Police, point to an electrical short circuit in the coach. Fires in running trains are not new to the Indian Railways, but the unfortunate fact is that when it happens in the dead of night and that too in an enclosed air-conditioned coach, the chances of survival are bleak. Out of the 64 passengers in the ill-fated coach, 26 died, and some of them were reported to be passengers who came back to pick up their luggage. The TTE had the presence of mind to pull the chain, stop the train, and call for the fire service, which is said to have reached the spot in 15 minutes. Strange as it may seem, in July 2012, 47 passengers were killed when a coach of the Tamil Nadu Express caught fire near Nellore, also in Andhra Pra- desh. Derailments, collisions, fire and accidents at un- manned level crossings account for the bulk of railway calamities in India. For many years now, there has been talk about increased use of non-combustible and non-inflammable materials in railway coaches. The Railways took a policy decision to make the shift, and coach production units were asked to go in for fire-retardant material. But this is obviously a slow process and new coaches could be made with them. The problem persists with the old coaches still in use. A major drive to check passengers carrying stoves or inflammable materials was launched, and met with some success. Two other major sources of fire incidents relate to overheating wheels and electrical short circuit. With advances in technology, it should be possible for the Indian Rail- ways to detect such hazards in time to prevent a fire. Smoke detectors and circuit breakers have become commonplace and can easily be installed in trains. It is anybody’s guess whether all trains have operational fire extinguishers and if every railway station is equipped to fight fires. Several inquiries and Commis- sion reports have pointed to gaps in safety measures and suggested follow-up action. The Kakodkar committee on safety last year pointed to an “implementation bug” and recommended a massive Rs.1 lakh crore programme over five years to ensure complete safety on the wheels. It suggested an allocation of Rs.20,000 crore a year, which can also be generated by means of a safety cess on passengers. The Railways should take the issue of safety much more seriously, and look at this and other ways of funding the required measures. Get serious on safety CARTOONSCAPE http://jobsalerts.in CM YK BG-BG TUESDAY, DECEMBER 31, 2013 10 THE HINDU TUESDAY, DECEMBER 31, 2013 BANGALORE EDITORIAL T he risks to the banking sector may have increased in the last six months, the growth impulse may still be weak, and a close watch may need to be kept on the level of non- performing assets of banks; but do not lose heart, for the financial system in India is still resilient. This is the sum and substance of the bi-annual Financial Stability Report (FSR) of the Reserve Bank of India (RBI) released on Monday. Painting a cautious yet an optimistic picture of the state of the financial sector, the FSR, which is a periodic health-check, clearly sets out the stress points. The first reaction of the markets to the U.S. Federal Reserve’s tapering of its stimulus programme may have been positive but the pace of withdrawal will be crucial in managing volatility. The RBI is spot on when it says that national balance sheets, including that of India’s, need to be strengthened to combat the effects of stimulus withdrawal programmes of advanced economies. The global financial system is now accustomed to high liquidity, and the upcoming squeeze as the U.S. tapers its bond-buying programme could prove disruptive. The problem for India will be magnified given the growth slowdown and high inflation, not to mention the uncertainty in the context of the coming general election. RBI Governor Raghuram Rajan has rightly flagged this in the FSR, pointing out that a “stable new government would be positive for the economy.” Of all the concerns highlighted in the FSR, the most important one is obviously related to the health of the banking sector. The RBI’s stress test has revealed that the total stressed advances ratio has risen to 10.2 per cent of total advances as at end-September, from 9.2 per cent in March. Though the stress tests assume extreme conditions, the fact is that the banking system is now groaning under the weight of rising NPAs. What is worrisome is that the industrial sector, which accounts for the highest share of restructured advances, is not anywhere near a turnaround. The five sectors — infrastructure, iron and steel, textiles, aviation and mining — that together account for more than half of the total stressed advances, are in deep trouble. The RBI’s stress tests indicate that the credit quality of banks could deteriorate if the macroeconomic varia- bles do not improve soon. It is indeed scary when you consider that the failure of a major company or group could trigger a contagion in the banking system due to the exposure of a number of banks. Growth is the only panacea to this problem and that requires bold moves from the government to push reforms and clear stalled projects. The moot question is: how much of this is possible in the run-up to elections? Cautious report card A n Ahmedabad metropolitan court recently rejected a petition challenging the Special Investigation Team’s (SIT) 2011 conclusion that the post-Godhra violence in Gujarat in 2002 was animpulsive reactionof Hindus enraged by the Godhra killings and not a political conspiracy fronted by Chief Minister Na- rendra Modi. On the other hand, some in the media, academia, police, and advocacy groups have maintained that the violence was a well- orchestrated anti-Muslim “pogrom,” not a spontaneous “riot.” The Sangh Parivar had diligently planned the violence tohelpa wilt- ing Bharatiya Janata Party (BJP) in Gujarat, they charged, and disgruntled members among Scheduled Castes (Dalits) and Sched- uled Tribes (Adivasis) were instrumentally mobilised to execute the plan. It was suggested that “spontaneity” was a ruse, following ploys adopted by earlier governments, notably the Congress in 1984 and the BJP- RSS in 1992-93. The first question about the post-Godhra violence that comes to mind, and has indeed been noted by scholars like Achyut Yagnik and Lancy Lobo is: why did it occur so un- evenly across the State? Although violence affected many towns, and pervaded rural areas with unprecedented frenzy, many places in Gujarat remained peaceful. By im- plication, if the post-Godhra killings were an outcome of anger and revenge, why were perpetrators selectively angry or vengeful? If different places experienced different levels of violence, did these spatial variations occur at random or did they indicate a pattern? These are crucial questions to be addressed for any event of large-scale violence. To do so, I teamed upwithDr. Michael Biggs, a sociologist at Oxford University, to conduct a systematic analysis taking account of all possible factors that might have caused the violence. We meticulously gathered information on the population of Muslims, Scheduled Castes and Tribes on socioec- onomic conditions such as unemployment and migration. We measured the strength of the BJP by its votes in the 1998 Assembly election and by the presence of a BJP MLA. Crucially, we compared peaceful with violent places in order to identify specific risk factors associated with violence. Explaining the factors leading to violence by examining only those cases where violence occurred can lead to spurious conclusions. This methodology follows fromthe exemplary work on ethnic violence in India by sociologists and political scientists suchas Paul Brass, Steven Wilkinson, Henrik Urdal and Ashutosh Varshney. We found persuasive evidence that the violence was not spontaneous. Had it been spontaneous, it would be correct to expect the most outraged people — and, subsequently, the worst violence — in places where the BJP was strong. Even if the party had not taken a leading role, it was its supporters who would be most likely to lash out against Muslims. Instead, after taking into account other economic and social factors, we found that lethal violence was considerably less likely where the BJP was strong (for example, Junagadh, Navsari). Endorsing this pattern, we found that violence was less likely to happen in places with a sitting BJP MLA. Killings were less likely where the BJP was very weak (for example, Narmada, Dangs). It was in places where the BJP faced the greatest electoral competition, having gained about 35-40 per cent of the vote in 1998, that lethal violence was the worst (for example, Anand, Kheda). Here, the party will face the greatest competition for votes in the coming election. These findings take into account the social and economic factors that could have led to “spontaneous” violence, and so identify the specific effect of the BJP. This cannot be judged by taking one or two well-known instances of violence. Violence delivered votes Violence, therefore, was greatest in places where the BJP faced the greatest competition from other parties. By inflaming anti- Muslimsentiment, it was possible that people who had previously voted for the Congress or other parties would switch to the BJPthe next time. Remember that it was later in 2002 — nearly a year after the most lethal anti-Muslim attacks occurred and close to the next election — that Mr. Modi delivered the now infamous speech in Meh- sana with obvious references to “Alis, Malis and Jamalis” and their “child producing factories.” So, did this electoral tactic work? We measured how the BJP’s vote went up or down between 1998 and the Assembly election at the end of 2002. We found a strong pattern: where more Muslims were killed, the greater the boost to the BJP’s vote. For example, the BJP’s vote increased substantially in districts where the violence was severe, as in Panchmahal. In districts without violence, by contrast, the vote declined, as in Surendranagar. These findings flag a crucial aspect about the post-Godhra violence: that it had an im- plicit political logic. There is much evidence, not only from India, of the link between political authority and its capacity to arouse ethnic tensions, sometimes leading to violence. Depending on the will of the government controlling local law and order, the resulting violence is either allowed to continue or is stopped. This is particularly the case in multi-ethnic societies because they provide wider scope tochange the salience of ethnic issues to suit political elites. The foil of “spontaneity” in violence has worked admirably in favour of the political elites in India. Rajiv Gandhi used it to justify the “spontaneous” reaction of angry Hindus at the assassination of Mrs Gandhi in 1984; Mr. Modi continues to use it with eclectic references to Newtonand puppies. His latest blog post following the metropolitan court verdict, where he expresses “absolute empti- ness” at the violence again signals the government’s purported helplessness at the spectacle of perpetrators letting off steam. (Raheel Dhattiwala is a Public Policy Scholar at The Hindu Centre for Politics and Public Policy. She successfully defended her doctoral thesis at the University of Oxford earlier this month. Findings reported here are fromher co-authored paper published in the American journal, Politics & Society.) Deliberateness and spontaneity in violence There is much evidence, not only from India, of the link between political authority and its capacity to arouse ethnic tensions, sometimes leading to violence Raheel Dhattiwala Rail travel This refers to the reports, and the editorial, on the Nanded Express train fire (Dec.30). The railway authorities must announce on television sets and LED screens on platforms the steps to be taken in case of an emergency. In coaches, emergency exit windows must be easily identifiable. There should also be a review of the ex-gratia amount that is announced or granted for the deceased, seriously injured and those who have sustained minor injuries. In case a passenger becomes handicapped in an accident, he or she should be provided withsuitable government employment. V. Sreedharan, Secunderabad Let us leave the issue of accidents aside. The way trains depart from smaller wayside stations especially at night leaves much to be desired. Often, the platforms are poorly lit and exposed to the elements, which make it difficult to find one’s coach, given the short stoppage time. The names and numbers on coaches are in ordinary paint and almost invisible. In spite of advances in technology, one wonders why the coach number and name cannot be illuminated withLED lighting, making it visible even from afar. Recently, the Mysore-Chennai Kaveri Express started before its scheduled time without any signal, taking passengers by surprise who risked life and limb trying to board it. Michael D.A. Samuel, Tindivanam A letter-writer (Dec.30) has blamed outsourcing as a reason for an increasing number of rail accidents. Most jobs inindustry, be it space exploration or shipbuilding, are today heavily reliant on outsourcing. Deep- rooted corruption is the cause of rail accidents. Recently, I witnessed a heated argument between the linen cleaner and railway inspector in my air- conditioned coach over the quality of cleaning. This was settled in a few minutes when money changed hands. In the bargain, I received a set of dirty linen. If this is the case when it comes to providing passenger amenities, one can well imagine what happens in maintenance and safety. T.M. Renganathan, Srirangam While many people blame the absence of fire alarm systems to help passengers escape in times of disaster, it is necessary to standardise the choice of fire- resistant materials used in coaches. A fire spreads in seconds as heavy curtains and linen are used liberally. As plug points and reading/night lamps are becoming a commonfeature incoaches, there must also be standardisation of electrical load circuit breakers. M. Premkumar Mallya, Hubli While we have well-defined procedures to approach consumer courts for redress in cases involving consumer goods, the area of road-rail-air safety and the need for feedback and corrective mechanism is a murky area and often lacks teeth. As we have newly instituted government services to serve the RTI Act and Companies Act in the form of the Indian Information Service and the Indian Corporate Law Services respectively, it would be worthwhile to think about setting up a dedicated service to monitor the implementation, maintenance and regular updation of safety standards in all walks of life. Anil Vishnu G.K., Bangalore Nothing has been done to stop the further production of ICF-type coaches and introduce Linke Holfmann Busch (LHB) coaches which are modern, fire-retardant innature and do not capsize during accidents, besides having a longer life. This was part of the recommendations of the Anil Kakodkar safety review committee constituted by the Ministry of Railways. The Railways should also relax the ban on filling vacancies at least in safety categories as its September 18, 2013 order places a total ban on the creation of posts and filling of vacancies. R. Elangovan, Chennai Pride and parampara Several issues have been succinctly highlighted, including fraud and underpayment committed by consular staff in Indian embassies and institutions of higher education in the country (“Pride and parampara in Manhattan,” Dec. 30). Most Indians know that when the elite violate rules and regulations, it is a normal practice. India has raised a hue and cry over the Khobragade issue but has no answer when it comes to the diplomat being an alleged beneficiary in the Adarsh scam. Yet, when fishermen die in crossfire, their rights are bartered away. It’s all about a different set of rules for those who are rich and well-connected. P. Dhanasekaran, Visakhapatnam We, as a nation, point fingers at other countries and condemn what we feel are their exploitative methods but fail to look inward. It is time the law is amended to enable class-action suits in India. There are millions of children/ maids/labourers engaged in back- breaking menial work. Yet, those who exploit themgo scot-free. Ahamed Fuad, Kochi The ulterior motives of the government have been exposed. The deliberate transfer of the Indian diplomat to the U.N. is an attempt to win a no-win situation by rewriting the rules. No one appears to express concern over the plight of the aam aadmi — Sangeeta Richard or other workers who have to work hard and who do so in distressing conditions during their stint abroad. Abraham Cyril Issac, Tiruvalla Governance in Delhi It is clear that Mr. Kejriwal wants tostart inright earnest incleansing the administration of all its ills (Dec.30). When Rajaji, an impeccably honest politician, started his first ministry inMadras, he did not go head-on with the set- up. He made people understand gradually that here was a genuine politician who meant business. Mr. Kejriwal should be able to reach out to the last man in the administrative set-up who has had unbridled freedom so far in running the show. The Chief Minister should be aware of the practical hurdles and move slowly. M. Rajaraman, Karaikal One can bring in the analogy of cricket. As far as Mr. Kejriwal is concerned he has two paths before him: the road less travelled and the one most used. He must aspire to be like Sachin Tendulkar, taking his time tobat and build upa steady score of runs. He must be patient and should listen. Hari Prakash C., Udhagamandalam China and reforms China’s reluctance to do a rethink on Mao’s legacy is on account of its being rooted in its single-party structure that leans on the personality cult (Dec.30). As the CPCderives its legitimacy fromthe “revolution” that Mao pioneered, any frank discussion of that legacy will lead to tough questions on its hegemonic methods, which will thenresult inlouder calls for plural democracy. One must draw lessons on how Mao’s legacy has affected the evolution of people’s rights in China. This is important because in India, one sees a similar script being played out. When the misdeeds of a leader get short- shrift in public space, the voices of the marginalised people are lost. Dr. Ambedkar once warned us against indulging in hero-worship without having our eyes open. N. Vinayak, Alappuzha Modi’s blog The BJP's prime ministerial candidate Narendra Modi’s self- expression on the 2002 riots is nothing but a hollow, verbal exercise devoid of truthful repentance (Dec.30). His claim of “being shaken to the core” during the time of violence is contrary to his remark of an almost “for every action will have equal and opposite reaction” justification. Just months ago we had himcoming up with a “puppy-like” metaphor. He is now trying to deceptively create a secular image for himself in order to garner support from small secular parties. It is notable that he doesn’t have sufficient words in his blogpost to condemn the perpetrators of the pogrom. Thasleena T.P., Vatakara It has taken almost 12 long years for Mr. Modi tomake a “comment.” Evennow, it is not clear whether he was “shaken” and “pained” at the loss of life and property in the riots or the “fiery incident” that triggered the riots. His “belated” regret for his role of a “spectator” smacks of political opportunism. M. Somasekhar Prasad, Badvel Cloud intelligence A stable neighbour is good for India, and clearly, the people in Nepal want the same (Dec.27). They want basic amenities and implementation of promises made. India’s help in ensuring that the elections there remain sacrosanct is laudable. We must also extend our help to them in the formation of the constitution and ensuring that civil rights are created for every group. Apurv Lall, Kochi LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. T he U.N. Security Council’s swift political and military response to the civil strife in South Sudan is welcome, but the country’s troubles seem far from dissipating. When violence broke out in various districts of the world’s newest republic a fortnight ago, analysts saw it as an attempted coup against President Salva Kiir by forces under the command of former Vice President Riek Machar. Mr. Machar’s rebel troops were initially successful in taking control of several strategically important towns in South Sudan, including in the oil-rich Unity state. Since then, fighting has intensified in the country’s capital Juba and other provinces, with the United Na- tions reporting that “thousands” have been killed and nearly 80,000 displaced internally. Meanwhile, the civil war is rapidly snowballing into a full-fledged ethnic conflict — President Kiir belongs to South Sudan’s largest tribe, the Dinka, while his deputy-turned-rival hails from the Nuer tribe. The Army has been split along these tribal lines, with soldiers battling their own ranks and engaging in indiscriminate killing of civilians. On December 19, the rebels attacked a U.N. base in Akobo, in the eastern Jonglei state, killing at least 30 civilians belonging to the Dinka tribe as well as two Indian peacekeepers. Another Indian peacekeeper was wounded. Reinforcing the troop strength of the United Nations Mission in the Republic of South Sudan (UNMISS) — what with its limited mandate — will not ameliorate tensions. To ensure peace, South Sudan is desperately in need of a politically mediated settlement, chances of which will begin to diminish once the conflict is reduced to ethnic one-upmanship. Sensing this, African Union leaders have made their way to Juba to establish a dialogue between the warring parties. If what Mr. Machar and his loyalists are seeking is a power-sharing deal, the international community, led by the AU, must send an unmistakable signal to them that violence cannot be a bargaining chip in that quest. With the benefit of hindsight, it is apparent that political struggle was inevitable in a newly independent state under the shadow of the oil curse; no one expected it to manifest so soon and so violently. Without effective institutions of state to deal with such a conflict, South Sudan seems set to face turbulent days ahead. With unabated political violence, the country is hardly in a position to attract foreign investment, which it can ill-afford to ignore. India’s priorities are clear — assist in the UNMISS’s mission in whatever diplomatic and military way it can, while ensuring the safety and prompt evacuation of Indian nationals left in South Sudan. Turbulent days in South Sudan CARTOONSCAPE I t is crucial to compare peaceful places with violent places in order to identify specific risk factors associated with violence. Attempting to understand causes of violence by examining only those cases where violence occurred can lead to spurious conclusions. In India, comparative methods have been pioneered by sociologists and political scientists such as Paul Brass, Steven Wilkinson, Henrik Urdal and Ashutosh Varshney. Following in Wilkinson’s footsteps, we systematically analysed the number of killings in the 191 towns and 25 rural areas of Gujarat. We chose to measure violence by the number of deaths because we suspect that newspapers did not report some non-lethal riots. This is not to undermine the significance of non-lethal violence, which often continued longer and resulted in enormous losses to property. We checked data on the volume of arson, and found a strong correlation with killings. This substantiates our original findings. The methodology http://jobsalerts.in

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