.


EDITORIAL

UNCALLED FOR

Criticism of the central government by Dr Mustafa Kamal, Minister for Industry & Commerce in J&K Government is irresponsible and totally uncalled for. The state is passing through a very delicate phase of insurgency and it is the duty of every minister, cadre and citizen not to say or do anything that creates confusion, disharmony and provide fodder to the enemy. It is all the more indispensable in that......more

CD-ROM

It is quite thoughtful of Indian Army to launch multimedia CD-ROM on Kargil. As it is the nation is grateful to the armed forces for preserving its integrity and teaching Pakistan an unforgettable lesson in military history of any warfare. It is quite another thing that Pak rulers refuse to learn from past misadventures right from 1947 onwards....more

Falling standard of education

By Jagdeep Singh
The aim of education is to instill confidence in the students to enable them to grow into strong steady and straight-forward individuals of balanced personality, besides providing.....
more

We - the people of India

By B K Karkra
With the dawn of the new millennium, we are also on the thresh-hold of the Golden jubilee of our statute. The Indian republic will soon be celebrating....
more

Human rights industry
and terrorism

By K. P. S. Gill
As the nation is waging a long drawn out battle against all forms of terrorism, including the air terrorism by Islamic fundamentalists, the Law Commission....
more

EDITORIAL

UNCALLED FOR

Criticism of the central government by Dr Mustafa Kamal, Minister for Industry & Commerce in J&K Government is irresponsible and totally uncalled for. The state is passing through a very delicate phase of insurgency and it is the duty of every minister, cadre and citizen not to say or do anything that creates confusion, disharmony and provide fodder to the enemy. It is all the more indispensable in that National Conference is part of National Democratic Alliance government at the centre and shares power. To level baseless allegations like some forces in the central government wanted to topple the state Chief Minister Dr Farooq Abdullah can at best be termed as mischievous and a covert attempt to play to the galleries. It is one thing to be out of governing apparatus and then indulging in random criticism for the sake of it. It is quite another when it comes from a cabinet minister who also happens to be brother of Chief Minister. No wonder this has drawn massive flak from both Prime Minister and Home Minister.

It is to be noted that NDA governs the country as per National Agenda for Governance. Although BJP is the major partner, governing agenda cannot be tampered with. That explains why BJP has dumped Article 370 repeal so that NDA functions in complete harmony. Regarding Mustafa Kamal's self-conceived apprehensions that Kashmir affairs cell in Union Home Ministry is conspiring to topple Farooq, it is to be noted that ours is a federal structure. No government can be dislodged for the heck of it. There are laid down constitutional and legal procedures. First, the report that government in a particular state cannot be run as per constitution must emanate from the Governor of that state. Centre can also invoke Article 356 on its own. But that is not the end of the case but opening of the Pandora's box full of odds and obstacles enroute. Second aspect relates to satisfaction of the Cabinet which has to recommend dissolution to the President. Gone are days when President used to be rubber stamp of all cabinet recommendations. He has the discretion to refer it back to the cabinet for reconsideration or seek more proof regarding breakdown of law and order or non-functioning of the government as per constitution. Unless President is fully satisfied, dismissal of any state government is just not on. Third bottleneck relates to Apex Court ruling that no assembly can be dissolved even if President's rule is imposed. It has to be kept in animated suspension for six months to enable the aggrieved parties to seek legal remedy for re-installation of the government. Fourth pertinent feature is yet more cumbersome. Any Ordinance promulgated for imposition of President's rule has to be ratified by both houses of Parliament. Mustafa Kamal is aware that NDA partners like DMK and Telugu Desam are deadly against invocation of Article 356. So it won't be passed by Lok Sabha. In Rajya Sabha NDA as a whole is in acute minority and there is no chance of such Ordinance becoming law in either house. If proof is needed it lies in President rejecting United Front government's recommendation for dismissal of Kalyan Singh government in UP. Another proof lies in imposition of President's rule in Bihar and dismissal of Rabri Devi government only to be reinstalled a month hence. Surely, no government worth its salt, least of all government led by pioneer parliamentarian AB Vajpayee can even remotely conceive such action against elected government of J&K despite multiple follies. It is precisely in this context that Chief Minister Dr Farooq Abdullah had stated that nobody can remove him as Chief Minister of the state since he heads a democratically elected government. Mustafa Kamal is thus quite off-course when he indulges in this type of cheap rhetorics against the centre.

Additional proof is also there. Farooq has thanked centre for liberal aid so that annual plan is fully preserved. But some ministers in the state have repeatedly lashed centre for being unfair. This is negativism which has no validity. Let the figures speak. Let the thousands of crores that have been given to the state be duly considered. The MoU now obtained from state is no different from what has already been obtained from nine other states which binds the recipients to spend the funds thus received on the specified projects and be accountable for it. This habit of criticising centre for all the woes of the state must be given up. It is upto the state to set its own house in order as regards fiscal discipline and management.

Mustafa Kamal gets another proof in that it is the Chief Minister who is the Chairman of Unified Headquarters. Thus even security aspects where central security forces are involved are strictly in accordance with the state requirements. Since nation's stakes are very high and security is threatened by external enemy, centre perforce comes into picture. The news deliberately circulated by vested interests as regards Governor Garish Sexena's one to one talks with Union Home Minister and subsequent interaction with security bosses in J&K need not have any other interpretation than centre's stakes in the security of the state and integrity of the nation. It is Farooq who has repeatedly requested centre to rush more forces to J&K state to tackle accelerated insurgency in different regions.

It would be in the fitness of things for Chief Minister Farooq Abdullah to discipline his team-mates as regards spreading canards and indulging in cheap rhetorics against the central government in which National Conference shares power. Both state and centre have to move in tandems for taking on the enemy with single-minded pursuit rather than engage in frivolous polemics for hogging limelight and/or playing to the galleries for sheer political expediency.

CD-ROM

It is quite thoughtful of Indian Army to launch multimedia CD-ROM on Kargil. As it is the nation is grateful to the armed forces for preserving its integrity and teaching Pakistan an unforgettable lesson in military history of any warfare. It is quite another thing that Pak rulers refuse to learn from past misadventures right from 1947 onwards. The CD is as much a reminder to Pakistan for her massive debacle asto the Indian forces by conveying the message that the nation is safe in the hands of our valiant soldiers. In fact, it has been now recognised that all payments to defence personnel are a premium for the national security. CD-ROM now produce is an history in itself since it is well documented and depicted. A good effort has gone into piecing together all aspects of Kargil warfare and the sequence in which they have been projected thus shall ever act as a guide for the various training centres imparting military training not only in India but also well-greased armies the world over. It shows the warfare at the highest battlefield and how they could be recaptured fom a determined enemy. One really does n ot know but India can rightly bid for a place in Guiness Record Book for successfully fighting at the highest battlefields, first in Siachin and then at Kargil heights. CD-ROM shall also act as a guide for the posterity that can be constantly reminded about the chivalry of our soldiers and the sacrifices made by them so that nation can live on. If our armed forces can reap rich harvest at such highest battlefields, it surely outmatches all contemporary armies, Pakistan included, in any conventional war on plains. In fact this stand duly manifested in 1965 and 1971 war. That is why it is said that 'the men behind the machines matter most' in any war. It is quite thoughtful of the present rulers that most sophisticated machines are also now provided. We already have men who have shown their mettle on even outdated war machines.

Falling standard of education

By Jagdeep Singh

The aim of education is to instill confidence in the students to enable them to grow into strong steady and straight-forward individuals of balanced personality, besides providing them opportunities to earn their livelihood by working in different fields of life. Our thinkers, philosophers, scholars, yogis, preachers and great educationists do not speak highly of the modern system of education only because of its falling standard which is doing more harm than good to the nation. I will acquaint the readers with some of the main reasons which have mainly affected the standard of education in educational institutions :-

Aimless Education

Satya Sai Baba does not speak highly of modern education because according to him it has no life line now. It does not ensure those skills and attitudes which are essential to a life of peace and contentment. It does not function in a comprehensive manner taking all the needs and goal into its orbit. Now the process of Education has become merely a trade. The students are not equipped to face the fortunes of life and to bring the best that is in them and to place it at the service of the community. It is the duty of the teachers to equip the students to face the fortunes of life and to bring out the best that is them to enable them to place it at the service of the society.

Deviation from Moral and Spiritual values

Seers and Sages have said that the end of education is character. Education without moral and spiritual values is futile and dangerous for the society. We want to bring about a complete national integration in the country overlooking this fact that peace, communal harmony and integration can only be achieved through moral and spiritual values. It is a matter of shame that neither the teachers nor the parents and educational authorities are worried about moral and spiritual degeneration of the society, inspite of the remedies suggested by Satya Sai Baba, Mahesh Yogi, Gandhi Ji, Vinoba Ji and other great educationists for building faith in the unity of man and strengthening the bonds of human relationship with others.

Modern Parents do not want their children to grow into strong, steady and straightforward individuals. No attention is given to character. They want that their children should have wealth and property enough to intimidate others. Chaos, confusion, corruption, greed, hatred, falsehood, indiscipline, wickedness and terrorism are nothing but the outcome of this modern system of education which is devoid of moral and spiritual values. In the absence of national character no country can be regarded as great, strong and prosperous even if it has attained the height of greatness in the field of science and technology.

Moral and spiritual values can easily be made the part and parcel of the life of children just in case their parents and teachers succeed in inculcating these virtues in them right from their early childhood by setting an example of their own high and strong character besides giving them the academic knowledge of the first order.

Lack of dedication and devotion to duty

It is a fact which has universally been acknowledged that teachers are the most important assets of the educational institutions because they mould the behaviour, attitudes and even prejudices of their students. It is not a matter of pride to say that more than 80 percent teachers are devoid of knowledge and intelligence. They have been assigned the duty of imparting education to the students with full devotion and dedication. But they do not give importance to these worlds. That is why lack of dedication and devotion to duty is prevailing in the teaching community. More than 80 percent teachers know too little and the sad state of affairs is that whatever they know even the same is not being imparted to the students. More than 90 percent teachers working in government educational institutions send their wards to private institutions. It is very much surprising that the teachers working in Government institutions are quite indifferent to teaching but they expect from teachers of private institutions to teach their children regularly with full devotion and dedication. It is a bitter truth that in Government educational institutions they are spoiling the career of the students. The main cause of it is permanance of their jobs. They are quite indifferent to teaching because they know that their jobs are permanent and the Government cannot terminate them legally even if their performance remains zero. It is my humble suggestion to the Government of the state that in future, it should make the appointments of the teachers on contract basis for a period of 2 years. They may be allowed to continue if their performance remains satisfactory and commendable. It will teach the teachers a lesson of dedication and devotion to duty. They will certainly do their job honestly and efficiently and also with full devotion and dedication for fear of being terminated from service. Teacher cannot spoil the career of his own children. He should not think that he is teaching the sons and daughters of others, but he should look upon them as his own children. He will never make mistakes, just in case he succeeds in doing so.

Lengthy Syllabus

The Board and educational authorities have prescribed such a lengthy syllabus right from primary to twelfth that no teacher can succeed in completing the same by working honestly in the class room. The Board should curtail this unnecessary burden to enable the teachers to complete it well in time and the students to assimilate it easily. There is no justification for thrusting such a lengthy syllabus on the students.

Shortage of Teachers

Hundreds of educational institutions are without teachers and subject teachers. This fact is well known to the educational authorities but inspite of it they do not provide teachers and subject teachers to these institutions to relieve the students of their agony and frustration. Our government is not doing justice to the students.

Indifference of officers

Our officers are quite indifferent to school inspections. They are worried about their own physical entity. Clinging to their chairs has become their habit. It is the duty of the Headmasters, Principals, ZEOs, CEOs, the Director and the Minister for education to inspect the schools time and again not to harass and intimidate the teachers but to help and encourage them with the valuable suggestions and guidance to elevate the falling standards of education by remaining punctual, dedicated and devoted to their duty.

We - the people of India

By B K Karkra

With the dawn of the new millennium, we are also on the thresh-hold of the Golden jubilee of our statute. The Indian republic will soon be celebrating the fifty years of its democratic existence. Such landmark hours of history must not be lost in celebrations alone, though festivities also, indeed, serve a positive purpose. It would be appropriate to cut down a little on festivity and instead utilise the occasion to understand what we have made of ourselves during all these years. To begin with, our past will help this stock-taking.

Hindustani records' Baburnama’ is a country of few charms. Its people have no good looks (we had one ‘Miss Universe’ and three ‘Miss worlds during the last five years’), of social intercourse, paying and receiving visits there is none; of genius and capacity none; of manners none, in handicraft and work there is no form of symeetry, method or quality..... "Babur's is a surface view of things. He could not have expected friendly warmth from a nation already ravaged by five hundred years of slavery. He failed to fathom the real spirit and strength of our people, though the faithfulness of his account is certainly not in doubt. Two centuries before him, Amir Khusro spoke in glowing temrs about this very soil and its sons. The legendary laureate was, in fact, so enamoured of India and every thing Indian that he came to be known as the ‘Tuti-e-Hind’.

Ours is, indeed, a chosen land of Gods, a most liveable spot on the Earth (Gar Fardosh bar rue zamin ast, hamin ast, hamin ast, che hamin ast - if there is a paradise on earth, this is the one). As Iqbal has pointed out about the sub-continent, there is some mysterious life-force in this soil that made it possible for us to survive the slavery of centuries. The nation found almost every thing in tact, when long last the independence dawned - our culture and customs, our vedas and values, our fairs and festivals, our ragas and rituals our dances and democratic traditions and above all our pride in the past.

However, our switch over from slavery to sovereignty did not apparently prove to be a very smooth affair. One serious back-log of our slowish psyche is that we still look upon our government as an alien entity. Taxes are evaded with a clear conscience. No body gives a damn if the lights, fans, collers and conditioners remain on after the office hours or when the Municipal taps keep discharging their chlorinated water down the streets. The police continues to have the same inhuman face that the British gave them. The paid servants of the people look upon the citizens as their subjects. Most of our problems flow from this attitude.

Besides the above, our Independence has done what the slavery could not do. Our pride in the past is withering and we have developed a tendency to look Westward for light. The nation that gave the world its first book ‘Rig Veda’ has now come down to "Jab tak rahe ga samose mein alu...."

Of late, there is, in fact, some despondency in our air. The general feeling is that morally, we are sinking and materially our progress is too slow for satisfaction. Being backward is now not a curse but a virtue and criminality is now entered on the credit side in our books. In our skewed thinking, social justice means that the poor should be allowed to set up slums wherever they like, steal electricity from the overhead wires and ease on the adjoining footpaths. There is hardly any realisation that slums are a national shame and our poor need to be helped in a much better way.

Half our people - beggars, enuchs, dowry seekers, touts, small time politicians of the ‘Kakha Ji’ variety - are feeding on the efforts of others. Something has to be urgently done to remove this millestone from round the neck of this nation. The country must put faith in the sweat of its brows and see that every citizen is put to productive work. At the moment the emphasis is on showmanship, rather than on solid work. Even if a newly designed garbage bin is to be commissioned, our bureaucrats run to the politicians for inauguration.

The numerous politico-administrative weaknesses in our backyard have lit the fires of insurgency in all corners. We seem to have firmly established ourselves as a soft state, just imagine a bankrupt neighbour, one seventh our size, repeatedly baring its nuclear teeth at us, despite the fact that we have a much bigger atomic arsenal.

The situation, however, has a seemly side also. Firstly, with our coasts commanding sea routes in all directions a vast and bountiful land mass, high I.Q. and thrifty nature of our people, we basically have all the ingredients to emerge as a super power of the new century.

Secondly, we have managed to stay together as a sovereign, democratic republic, despite many internal problems and hostile interference from across our borders and that too without having to resort to measures like punitive columns, collective fines and martial law (for which, incidently, we have kept no provision in our constitution).

Thirdly, our Women were previously in demand only as ‘pativrata's at home or as prostitues outside. Now they are coming good not only as sonorons voice on telephone or attractive presence in offices, but also as Managers, Administrators, doctors, entrepreneurs and even as soldiers. All this is a sure sign of some upgradation in our civilisational level.

Fourthly, the ushering in the market economy through economic reforms has already lifted us from a state of near bankruptcy to a stage where all the countries, including the economic super powers, are keen to do business with us.

The otherwise dark days of the emerging of 1975 have left behind some highly benevolent legacies. One of these blessings is the payment of pensions through the nationalised banks. Perhaps only the old pensioners who have suffered terribly at the hands of the treasury officers and the Pension Pay Masters will be able to explain what relief the new system has brought to them. The new procedure has been worked round the fact that the banks operate on the commercial principle and their officials do not display the attitude as if they are paying the pensions from their own pockets. Every area of national activity is crying need of similar reforms.

Besides, a sort of Grasham's law seems to be at work in our politics, as a result of which the bad politicians (like the bad currency) have thrown the good politicians (the good currency) out of circulation. The need of the hour is to see that the men of ability and energy are brought to the fore. Time has come for our shy good people to come forward to take the reigns of the country in their able hands. The country in moment, does not need only one messiah but a large bunch of them.

We, the people of India should also perhaps be ready to barter some of our democracy for discipline.

Human rights industry and terrorism

By K. P. S. Gill

As the nation is waging a long drawn out battle against all forms of terrorism, including the air terrorism by Islamic fundamentalists, the Law Commission's draft of the Criminal Amendment Bill, 1995, has once again brought professionals from the human rights industry crawling out of the woodwork. Stock-in-trade hysterics combine with the same old rhetoric _"draconian law", "state terrorism" _ to conjure visions of a vast and unrelenting oppression that is to be unleashed through a Bill which, according to the Law Commission, has become essential to combat terrorism and anti-national activities because "A perception has developed among the terrorist groups that the Indian State is inherently incapable of meeting their challenge.... (and) quite a few parties and groups appear to have developed a vested interest in a soft state, a weak government and an ineffective implemention of the laws."

The Law Commission recently organised a workshop on the proposed Bill. This was treated by a number of prominent human rights groups as an opportunity for a little media posturing. Instead of constructive participation, they rushed off to the Press to announce a boycott of the proceedings. The boycott, however, was not complete, and a few "activists" did turn up for the workshop. Their mindset was interesting. One worthy, delving into his visibly shallow idiomatic reserves, ponderously exhorted the gathering not to "use a hammer to kill a fly". An interesting metaphor. The "fly" in this image is an array of terrorist movements and low intensity wars that have resulted in more than 40,000 deaths in Punjab and Kashmir alone in under two decades, and have kept parts of the North-East bleeding for even longer. The "fly" comprises armies of utterly merciless fanatics and mercenaries, armed with weapons and equipment that the nation's security forces _ sworn to the task of confronting and combating them _ can only dream of. The "fly" has carried out hundreds of thousands of terrorists strikes _ and yet almost entirely escaped judicial notice.

In Jammu and Kashmir, for instance, not a single conviction for a terrorist crime is still on record _ though the courts have found "sufficient evidence" to announce seven (yes, just seven in over ten years of terrorism) convictions for a variety of minor offences, mostly under the Arms Act. The conduct of the courts in Punjab during the period of terrorism, was no different, and though the numbers are currently not available to me regarding states in the North-East, there is little reason to expect any radical departures from the general policy of prevarication that has become the judicial norm in situation of terror.

And now, a look at the "hammer". I do not agree with all the clauses of the proposed Bill, but that is why I participated in the Law Commission's workshop. This, of course, is not the appropriate place to go into a detailed analysis, but I am certain that those who are crying foul have either not read the Bill, or are unaware of comparative legislation in even the most liberal democracies of the world _ including the US and the UK _ or are simply being disingenuous. The US, for instance, with just a handful of casualties inflicted by terrorists (in comparison to the thousands that have died in our country), has over the past few years, brought in literally hundreds of pages of legislation _ including their Anti-Terrorism and Effective Death Penalty Act of 1996 _ that give their government sweeping powers to act not only within their country, but in substantial measure outside as well. Individuals accused of acts of terrorism by the US have been kidnapped in foreign countries and illegally extradited _ but the US courts have found no wrong in this and have, in fact, usually imposed a death sentence where a terrorist has caused death through his actions.

Indeed, the Act prescribes the death penalty, or imprisonment of not less than seven years and more than 40 years even for conduct which directly or proximately causes personal injury or substantial risk of injury to any person, including any public safety officer performing duties. If a conduct results in death, the offender faces the death penalty, or imprisonment for not less than 20 years or for life. And life, it must be noted, means life. Not the maximum of 14 years and as little as eight and a half that it has been reduced to in India. Minimum mandatory sentences are prescribed for most terrorist offences, leaving no room for equivocation or judicial discretion. The judiciary in America, moreover, is clearly aware of the dangers of terrorism, and most terrorists who cause death face the death sentence, or at least imprisonment for life. The World Trade Centre bombing in New York City resulted in the death of six persons. The four perpetrators and the chief conspirator were each sentenced to 240 years of imprisonment _ with the last receiving an additional life sentence. None of them will again experience freedom in this lifetime.

There is not a single clause in the Criminal Amendment Bill, 1995, which gives as wide a mandate. It is another matter that TADA, in over ten years of existence, did not register the award of a single significant sentence, but the only effective and extraordinary power that TADA created was the denial of bail to the accused. The maximum force of the new legislation would allow a terrorist to be prosecuted only after approval, in each case, by the Director General of the State Police within 10 days, and subject to confirmation by the review committee within 30 days.

In a country where thousands of undertrials routinely spend as much as 10 and up to 30 years in jail as a result of judicial ineptitude, I do not understand why such a provision should arouse such horror. Of course, the presumption is that the judicial system _ cruel and insensitive as it may be in its actual consequences _ invariably acts out of the highest motives. And the police _ just as invariably _ act out of the lowest. In my experience, neither of these assumptions is justified by the actual facts. Moreover, while excesses by the security forces do occur, they are not as frequent as it has become politically correct to believe, nor do they go unnoticed or unpunished in a majority of cases. Moreover, the proposed Bill contains many safeguards and some of the harshest penalties against malicious prosecution that can be found in any law currently in existence in this country. As stated before, there are some clauses that require further amendment _ but these can be identified and suitably corrected only through a process of discussion.

Why, then, is the human rights industry quite so inflexibly against this proposed legislation? The reason lies in the "vested interests" that the Law Commission speaks of, and in the every description I have deliberately chosen _ the characterisation of human rights as an industry. All activities require finance _ and once money enters into the game, it imposes dynamics entirely of its own, and completely unrelated to the professed ends of the original enterprise. Small wrongs do not attract as much attention _ and, hence, funding _ as great wrongs do. Consequently, where the latter do not exist, they must be invented. As a perceptive friend pointed out, in this competitive bidding for funds, one of the critical arguments is "My genocide is bigger than your genocide." This logic extends itself to the descriptions of legislative initiatives: "My law is worse than your law."

The problem is that we, in India, have always followed the intellectual fashions of the West _ usually well after they are in a decline in their places of origin. Thus, at a time when the world calls upon all countries to adopt and implement all international treaties against terrorism we find obstructive protestations greeting any attempt even to recognise the enormity of the threat that this menace constitutes, not only to the nation, but to civilisation and to humanity itself. INAV

 
 



|
home | state | national | business | editorial | advertisement | sports |
|
international | weather | mailbag | suggestions | search |
subscribe | send mail |

timer