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EDITORIAL

DTH SERVICE

Direct to Home (DTH) televiewing of at least 100 channels is slated to become a reality. The proposal that was aborted in 1997 stands cleared by the cabinet now. Pending several aspects that would be incorporated in the proposed Convergence Bill, it has been decided to issue licenses to all applicants who fulfil the stipulated conditions already announced by Minister for Information and Broadcasting. DTH in reality is a revolution in as much as hitherto inaccessible areas through cable operators can also have the pleasure of multi-channel viewing. ......more

GOVT MEDICAL COLLEGE

For quite sometime complaints continue to pour in regarding many deficiencies in providing medicare in the prestigious Medical College and its associated hospitals. Public grievances apart, many doctors have also pointed out grey areas that need massive improvement. In a way there is nothing new in it. It has been repeated umpteen times. But need for saying it all....more

Island of the free spirit

By Jayant Muralidharna
Viewed from the air, the islands of Lakshadweep remind you of the tourist brochures .....more

MEN AND MATTERS
Clinton favours J&K CM’s LoC formula

From B L Kak
Jammu and Kashmir Chief Minister, Dr Farooq Abdullah, is in the news-happily for him, this time in the United States,....more

Cricket is not alone in it!......
Yours Randomly,

By Dr R L Bhat
Once upon a time.... now, nothing in cricket can be related in a definite......more

Indian political system needs a revamp
Men, Matters, Memories

By M L Kotru
Whatever became of the Constitution Review Commission set up by the NDA Government soon after it came to power? I often.......more

EDITORIAL

DTH SERVICE

Direct to Home (DTH) televiewing of at least 100 channels is slated to become a reality. The proposal that was aborted in 1997 stands cleared by the cabinet now. Pending several aspects that would be incorporated in the proposed Convergence Bill, it has been decided to issue licenses to all applicants who fulfil the stipulated conditions already announced by Minister for Information and Broadcasting. DTH in reality is a revolution in as much as hitherto inaccessible areas through cable operators can also have the pleasure of multi-channel viewing. Although financially it may be beyond the reach of poorest amongst the poor, the concept of community viewing sponsored by Panchayats or NGOs could indeed take tele-viewing to any part of India howsoever remote, backward or penury-ridden. In fact it very much forms part of the IT revolution which is already ushered in the country since latest technologies as per emerging requirements shall be incorporated to make it an eye-pleasing and mind-edifying exercise.

One may argue about the content, service and other aspects of cable service operators. Their network continues to enter newer and newer areas. But cable has inherent weaknesses and subject to highly defective service, sometime beyond the scope of local operators. To be precise, cable operators have their own role in as much as they shall be compelled to compete qualitywise and otherwise with more efficient DTH Service. Their networks would lose many subscribers unless they drastically improve the service to make it an uninterrupted round the clock exercise. True, cable charges are affordable at less than Rs 200 per month while DTH service could be costlier. But discernible viewers have the choice to buy better service. As per current estimates a very small dish antenna, just about a feet in diameter would be enough to receive upto 100 channels. There will be incorporation of some other gadgets. The initial cost thus may work out to between Rs 10,000 to Rs 15000 besides monthly/annual payment to the service provider. But as this DTH concept gains momentum with large number of subscribers, the cost factor as far as subscriber is concerned could come down substantially and well within the reach of average household. It is so because India is a vast country of over a billion with almost 38 crore middle class which is the largest in the world. This class is known to opt for the latest and the most innovative. Further, it would depend upon the number of service providers licensed to operate DTH. More the number, more the competition which invariably is favourable to subscribers.

While giving clearance for starting DTH service in India, due care has been taken in respect of national security, culture, heritage, contents of programmes, monopoly etc. All such licencees are required to build their earth stations in the country and uplinking with satellites will be over Indian skies. As long as earth stations are in India, monitoring and close watch is possible. The licencee however has the choice to use foreign or Indian satellite channels. Those opting for Indian Communication satellites will get priority in having the license. Initial license fee has been put at Rs 10 crore so that only those individuals or companies with access to large resources enter this field. In addition every licencee shall have to give bank guarantee of Rs 40 crore for complying with the various safeguards. To ensure that this is done scrupulously, licence holders will have to preserve all records of every programme for a minimum period of 90 days so that it could be effectively scrutinised for any violation of laid down code and guidelines. In addition, the licencee shall have to pay ten percent of the annual revenue to Government as fee. No limit has been imposed on the number of license to be thus issued.

To have Indianised control several restrictions have been imposed. Foreign Direct Investment is limited to 20% only while equity emanating from abroad will not be more than 49% which includes NRIs and FIIs. It is also entailed that Chief Executive Officer of any company thus licensed would be Indian even as Board of Directors shall have majority Indian Directors. It would be mandatory for the platform-owners (licencees) to carry Prasar Bharati Channels on most favourable financial terms offered to any other channel. There is thus in-built provision of level-playing for all channels, Indians or foreign and there is no chance of any monopoly in this wide field of information and entertainment.

To ensure rights of the subscribers for authentic service, the guidelines provide that licencee shall make available to all subscribers for DTH service Single Conditional Access Technology, Subscribing Management System, Open Architecture Set Top Box, a cast iron Encryption System besides efficient, responsive and accurate billing and collection system. In layman's language the above form essential inputs in terms of gadgets to the subscribers for facilitating uninterrupted and quality reception on the prescribed channels. Any licencee failing to conform to the stipulated regulations could face penalty upto the amount of bank guarantee of 40 crore and/or annulment of the licence. All this may look somewhat odd and beyond the reach of common man. In reality DTH service is a common feature and most acceptable in advanced countries. It is bound to click in a big way in India as well. The viewers however have the choice to continue with the cable-network services or switch over to DTH or have both. One thing however is certain. Monopoly of the cable operators would be broken and their service is bound to become efficient if they want to retain their market.

GOVT MEDICAL COLLEGE

For quite sometime complaints continue to pour in regarding many deficiencies in providing medicare in the prestigious Medical College and its associated hospitals. Public grievances apart, many doctors have also pointed out grey areas that need massive improvement. In a way there is nothing new in it. It has been repeated umpteen times. But need for saying it all over again stems from any visible action to improve the situation. More often, these deficiencies are sought to be attributed to financial crunch. But this alibi cannot be allowed to become perpetual exercise. Some start has to be made somewhere. If budget is the sole villain, then it is time governing apparatus comes upto expectations of the ailing humanity. But there are areas where factors other than sufficient funds have become privy to the deteriorated services. For instance, no Administrator has been appointed. GMC is a big set-up and appointment of Administrator is indispensable so that Principle could address to bigger problems. Second aspect relates to deficiencies in the para-medical staff. Somehow vacancies remain unfilled which obviously affects prompt and efficient service. Third complaint relates to stinking toilets and broken fixtures in wards. One really does not know why situation has not been remedied on day to day basis and allowed to accumulate to make it a 'big-budget' exercise. Fourth, there are still complaints of two-patients or more on a single bed particularly in the SMGS hospital. The malaise persists despite the disease being as old as the hospital itself. Senior faculty posts also need to be filled up from amongst those fulfilling the laid down qualifications and criteria. It is nice to hear that lifts have arrived. One expects that other defective and unserviceable machines would also be repaired/replaced to serve the sick humanity meaningfully.

Island of the free spirit

By Jayant Muralidharna

Viewed from the air, the islands of Lakshadweep remind you of the tourist brochures advertisements of golden beaches and shimmering water. The archipelago, which comprises 12 atolls, three reefs and five submerged banks is a network of beaches where corals wash ashore on sandy beaches. Lakshadweep's charm lies in the picturesque landscape threaded by an unbroken line of creamy sand which makes it a tourist's must-see-list. Particularly for those looking forward to soaking in the sun and snorkeling. But the remoteness of the place is an invitation in itself. Pale aquamarine, and turquoise, almost deep sapphire waves clash against boulders, as the white foam climbs and recedes on the beaches. India's tiniest union territory, Lakshadweep comprises 36 small islands, of which 10 include Kavaratti, the administrative capital, Agatti, Kadmat, Kiltan, Chetlat and Bitra. Of the remaining, 17 are uninhabited islands with attached islets, four newly formed islets and five submerged reefs. Located 220-440 kilometers north east of the coastal city of Kochi, Lakshadweep is accessible by sea and air. Ships take two days while an aeroplane ride will find you there in an hour and a half from Kochi, the nearest airport. The islands' history is unwritten. Local traditions attribute the first settlement to the period of Cheramen Perumal, the last king of Kerala. The story goes that after his conversion to Islam, through the influence of Arab merchants, he left from his capital at Cranganore for Mecca. Many search parties in sailing boats were sent after him once the disappearance was discovered. A fierce storm is said to have hit one of these vessels and the sailors were shipwrecked on the island of Bangaram. From there they went to the nearby island of Agatti. When the weather cleared up they returned to the mainland passing other islands on the way.

The first thing that strikes you about Lakshadweep when you set foot there as a mainland intruder hoping to break free from the regular routine of urban life, is the island's free spirit. This is most evident in the sight of tiny children playing, unafraid, and without the supervision of adults. Perhaps the women we saw, walking around with gold hoops in their ears and heavy necklaces were emphasising the honesty of the inhabitants - but then again, we were probably guilty of indulging in woolly-headed wishful thinking!

Sauntering around Agatti, one notices the absence of pucca constructions. Cottages on the island are made of indigenous materials with palm thatched roofs and sandy bicycle tracks. The island has just two jeeps and ten motor-cycles - a surprising, but not unwelcome, contrast to automobile infested cities. A no-industrial area, Lakshadweep is pollution free. Fishing, coconut cultivation and coir twisting are the chief occupations in this part of the country and coconut husk is the main raw material in the development of cottage industries. The population of 51,681 (1991 census) comprises 93 per cent indigenous Muslims, the majority of whom belong to the Shafi school of the Sunni sect. Ethnically, the people here bear a resemblance to Keralites, with their short, sometimes small statures, ebony black hair, and large lustrous eyes. Malayalam is spoken on all the islands except Minicoy where the tongue is mahl, written in the Devehi script. Kavaratti, the most developed of the islands has 52 mosques, of which the Ujra mosque stands out with its ornate ceiling carved from driftwood-some say. Agatti also boasts of a mosque, but has no temple are church.

We were informed that outsiders are not encouraged to mingle with local inhabitants and meetings are avoided by the residents who keep a distance fearing their culture might be eroded. This curious situation often put us in the role of distant observers, eyeing 'Dweep's citizens through glass walls as it were. It is this close guard over the separate identity that has kept only four islands open to domestic tourism. The holiday resort of Bangaram is a pleasure point with international tourists who have to pay sky high prices for a private lie-down on the beach. Despite being in a state of determined isolation, 'Dweep's islanders are not closed to each other. In Agatti, young girls wearing colourful bright skirts ride bicycles and attend the co-educational school. Since the Marumakkathayam system of inheritance is followed, women here enjoy a unique position. The line of succession is passed down through women which puts them in a position of economic independence. Ancestral or tarwad property is equally shared among joint family members in Kaveretti and Agatti, whereas in Andrott the division is only between thavazhi.

Tarwad property is managed by the karanavan (eldest male). But he has no right to alienate or sell any portion of it, nor are his wife and children entitled to a share. This means the husband is obliged to make an annual payment towards the maintenance of his wife which forms part of the marriage contract. The wife has full freedom to demand a divorce on grounds of non-payment of these customary dues. Divorce is not a disqualification for a woman to seek a fresh alliance, nor is remarriage of widows a taboo. In fact, the book Lakshadweep and its People, 1991-92 has details about Hameedath Beebi of Pantemvili at Amini who was the first lady to accept the preaching of Saint Ubaidullah amidst humiliation and threats. She became the wife of the saint and settled down in Andrott. Most of 'Dweep's men work as sea-men on international vessels. Marco Polo (1254-1324) in his travelogue made a reference to Minicoy as the "island of females" because the husband takes on the wife's family name after marriage. Family affairs are managed by the women. Even in village administration, female chiefs head the womens' assembly, organising their efforts for a common purpose. Side by side with their unique social life is tourism.

Bangaram has the feel of a global village. Water sports like kayaking and canoeing are available to tourists but the final impression of the island's sense of freedom was a journey in a glass-bottomed boat that provided a clear view of the marine life with its array of remarkable coral formations, angel, clown, butterfly and surgeon fish. The sight of shoals of fish floating amongst manta rays, sting rays, sharks, morayeels and turtles, was a different ethereal world. INAV

Indian political system needs a revamp
Men, Matters, Memories

By M L Kotru

Whatever became of the Constitution Review Commission set up by the NDA Government soon after it came to power? I often wondered that the Commission, headed by former Chief Justice Venkatachalaiah, may have gone into hibernation, prompted into doing so by the charge that the review was an attempt by the saffronites to undo the Constitution. The promised public debate has been acutely muted causing many others to wonder what the wisemen of the Commission were really upto. Inquiries made, however, tell me that the Commission has broken itself into some ten odd panels, each looking into various aspects of the issues raised mostly through submissions made by individuals and groups. One hopes that once the panels have gone through these and come to any conclusion there will be an open, well articulated debate at the national level. Not the kind of debate our parliamentarians have lately been inflicting on us, but one based on informed assessments and objective study. The debate that I visualise should be an unbiased one, not coloured by the predelictions of political parties and other partisans. At the heart of the debate should be the working of the Constitution the first 50 years of the republic and the belief that while changes are imperative these have to be effected within the basic structure of the document inherited by us from the founding fathers.

There is no doubt that the Indian political system needs a revamp. Politicians do not talk much about it, but there is widespread feeling that some changes are needed. The problems is that there is no unanimity on what those changes should be. When the NDA Government set up the Review Commission, there was widespread criticism by opposition parties. The BJP vigorously defended its decision and insisted that the system rethinking. However, when Dr Farooq Abdullah mooted autonomy, the BJP vigorously opposed even a discusison on the subject.

Recently Assam parties in the capital hosted a seminar attended by Dr Abdullah. He reiterated the need for more autonomy to all States. He was vocal about his preference for the American presidential system. But how can India shift to a presidential system within the framework of the present constitution? There have been advocates for the presidential system for years, notably Vasant Sathe among them. But what these votaries for change have failed to clarify is how such a change can be accomplished without disturbing the basic structure of the constitution.

Some new light on this aspect was thrown recently by journalist, political activist Rajinder Puri who sent some suggestions to the Constitution Review Commission. A national newspaper reproduced extracts from that letter. The novelty in the new approach lies in the reinterpretation of the constitution that enables one to conclude quite logically, as suggested by him, that the President can be an active monitor of the Government and not a ceremonial rubber stamp as he is made out to be.

According to the suggestion, a slight change in the mode of the President's election would alter the entire complexion of his role and mandate. If the President's term and election become co-terminus with that of Parliament and all the assembles, with all having fixed five years terms, a new picture emerges. The Presidential candidates would file their nominations along with the candidates for Lok Sabha and the assemblies. The new MPs and MLAs would then elect the President. Clearly, this would render the President's mandate equivalent to a popular mandate by the entire electorate. Indeed, the presidential candidate would even campaign for the parliamentary and assembly candidates who would vote for him in the event of victory. Without any basic change in the present system, the Indian President would thereby get a mandate as powerful as that of his American or French counterpart.

Given the experience of the last half century, there is no denying that Westminister norms ill suit the Indian temperament which tends to ignore conventions that not written law. An elected executive head having a fixed five year term would make far more sense to the average Indian voter.

Indeed, it might be seen that even our present Lok Sabha elections easily boil down to contents between individual personalities such as Vajpayee versus Sonia Gandhi. Then why, some expert are beginning to wonder, should the nation not move towards an honest presidential system, albeit of the Indian variety within the framework of our written constitution? What gives new hope to this idea is the fact that a slight alteration in the electoral process can alter entirely the complexion of the president's election, mandate and potential role.

First, about some of the anomalies of the present system never mind how these came about. The present system allowed a non-member of parliament to become Prime Minister. Consequently, as Prime Minister he could not vote in parliament of which he was the leader, but could vote in a State assembly for which he continued to be an MLA. Was this what the founding fathers conceived when they framed the constitution.

The present system debars the CBI to either investigate or prosecute a Government official or minister without clearance from the very Government that needs to be investigated or prosecuted. Does this even remotely conform to the principles of natural justice?

Under the present system, a full bench of the Supreme Court could decide that one of its own judges was corrupt. However, that judge could not be penalized because only parliament had the power to impeach him. Parliament voted against his impeachment. Was that judge corrupt, were the rest of the Supreme Court judges partial and vindictive, or was parliament derelict in its duty and therefore unworthy of discharging it?

Such problems arise from an imperfect understanding of how the system of checks and balances in a healthy democracy should work. Parliament can seldom provide a check to illegal or unconstitutional conduct by a Government that enjoys a majority among its members. Perhaps that explains why several autonomous constitutional bodies, as for instance the office of the Comptroller and Auditor General, have failed to exercise the desired impact act as correctives to misgovernance.

It is true that there exists no constitutional provision for making a new constitution but changes can be effected without violating the constitution's basic structure. Some such changes have quite lucidly been indicated in the submission to the Commission.

We must introduce genuine democracy by recognizing the federal character of the nation. Accordingly, the Central Government should keep the subjects of defence, foreign affairs, communication and currency with itself. The rest of the subjects should devolve to the respective State Governments. We should constitute a new States Reorganization Commission that would create smaller States for effecting better administration and promoting cultural and ethnic identities. The Commisson would act according to predetermined norms. One can State confidently that in democracy the promotion of such diversity strengthens rather than weakens national unity.

All the administrative tiers should have fixed five-year terms. The President's election should coincide with the general election. The newly elected MPs and MLAs should elect the new president immediately after their election. In case of any executive head at any of the five tiers losing a simple majority in the house, the while house would elect the successor who would complete the fixed five-year term.

The President should be given a role commensurate with his mandate that is the widest held by any individual in the Republic. That would ensure unity and cohesion in governance. To this end, we should give constitutional status to newly created bodies, as well as to certain existing bodies, in fields that require autonomous functioning and make them accountable to the President. The Central Election Commission provides a model. Thus, the President could similarly exercise accountability over the CBI, a newly created Judicial Commission, a newly created Tender Evaluation Commission, and other desired bodies requiring autonomous functioning.

Wherever required the Constitution Review Commission should reinterpret the clauses of the constitution in the light of current realities. This is particularly relevant in the case of the President's relationship with the Prime Minister and the Cabinet. It is noteworthy that India has moved from single party Governance to multi-party Governance. Consequently, the conflicting views about the relationship between the President and the cabinet expressed by Rajendra Prasad and Nehru respectively deserve reappraisal. The constitution says that the President must abide by the advice of the cabinet. How does that make the President any less responsible than the Prime Minister who is also bound by the advice of the cabinet? The Governors, appointed by the President, should be responsible solely to him. In many Centre-State disputes, the Central Government is partisan because of political vested interest. Given the diversity and size of India, it would be a mistake to view the Indian President as akin to the British Sovereign.

The Inter State Council should be body representing all States and designated representatives of the Central Government. The council should be empowered to resolve all issues of concern and contention affecting the Centre and the States, the Centre and anyone State, and the States themselves. The President, who alone has the electoral mandate from both Houses of Parliament as well as all the State assemblies, should head the council.

All this can be achieved within the present Constitutional framework. The Commission should go back to the original constitution before any amendment. That should be the basic document and the starting point for the review. It would be fruitful to review closely all the amendments to the constitution. Amendments introduced because of expediency should be scrapped.

You may or may not agree with these views but Puri makes a lot of sense.