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EDITORIAL The Supreme Court has quashed the Trial Court's decisions for effecting release of Some TADA detenues by dropping cases against them. Severe strictures have been passed against the Public Prosecutors and States of Karnataka and Tamil Nadu for their role in the 'package deal'. The deal was to drop the cases against 160 accused in two cases of murder and looting of police station out of which only 51 are in custody, ......more Three new States of Chhattisgarh, Jharkhand and Uttaranchal have been created to ensure removal of backwardness, fast development and creating opportunities that stood denied to them till recently. It is ironical that all the three are in dire straits and the focus is on how to form or save the Government rather than go about realisation of the objectives for which these States have been created. The Government in first of three namely Chhattisgarh is already formed on November 1 and Ajit Jogi sworn in as the Chief Minister of the State. It is strange that so far he has not .......more |
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SPOTLIGHT From B L Kak Politics
of creation By Fazal Mehmoo By Sidhartha Kanungo NRIs decry diplomatic By : K P Bhanumathy |
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EDITORIAL The Supreme Court has quashed the Trial Court's decisions for effecting release of Some TADA detenues by dropping cases against them. Severe strictures have been passed against the Public Prosecutors and States of Karnataka and Tamil Nadu for their role in the 'package deal'. The deal was to drop the cases against 160 accused in two cases of murder and looting of police station out of which only 51 are in custody, the remaining having been enlarged on bail or still not arrested which includes killer Veerappan. Thereafter these detenues were to file bail applications that would not be opposed. Thus all those accused of heinous crimes including murders would be set free to rejoin the bandit gang for carrying out more heinous acts. This clearly establishes total understanding between the killers and the State Government. This is as far as Karnataka is concerned. As regards Tamil Nadu it holds one accused under TADA and four under the National Security Act. Similar process for setting them free was adopted in this State also. They too happen to be accomplices of the sandalwood smuggler and killer of around 150 law abiding citizens. And all this for seeking release of abducted cine star Raj Kumar from Veerappan's captivity. Apex Court has done its job where executive failed to discharge its constitutional duties of protecting life and property of the citizens and upholding law of the land. In the instant case both States have been held guilty of not discharging their duties as per the law. In fact, they are in total league with the criminals. The States during arguments in justification of their decision to release the TADA detenues had stated that situation demanded such course as there would have been riots if anything bad happened to the abducted star. The Judges had sharply reacted and gone to the extent of asking such Government that cannot maintain law and order to quit and make place for those who can maintain it. They had also questioned credibility of the Government by putting a poser asto why only this demand of releasing 51 in Karnataka and 5 in Tamil Nadu was conceded and other demands initially put forth by Veerappan given short shrift. Other demands were political in nature besides the ransom money demanded. In fact, such of the demands also related for a fair deal for the secessionists in Tamil Nadu, status of language and sharing of Kaveri waters. This clearly established that Veerappan besides being a bandit and killer is also in close league with the secessionists elements notably Tamil Nadu Liberation Army and Liberation Tigers of Tamil Eelam (TNLA & LTTE). This stood further substantiated when some secessionists formed part of the emissary and negotiating team that went to the jungles. Apex Court had also come down heavily on both the State Governments for not doing anything for the last 10 years to nab Veerappan. In fact, he was captured once only to be allowed to escape the next day. Apex Court bench had asked the States in very clear terms asto what they have done. They have also questioned wisdom of the States in concluding that Veerappan would indeed release Raj Kumar after release of 56 TADA detenues. It is possible that he would have come out with fresh demands and such of the demands too would have been conceded. The worst part relates to the fact that perpetrator of heinous crimes get very large incentive to continue with nefarious acts with the active help of the State Governments. It may be mentioned that Task Forces created for taking on Veerappan gang themselves got trapped and many brave cops were killed in the process. This again raises a finger against the political bosses who might have been instrumental in facilitating elimination of the cops rather than eliminating the gangster. By far the greatest indictment came when the Hon'ble Bench mentioned a parallel State from the two States where writ of neither Karnataka nor Tamil Nadu runs but only Veerappan rules the roost as his word is law. Such defacto existence of an independent State could have become dejure if allowed to go unchallenged, more so because there are authentic reports of secessionists and foreign terrorists operating from the same 'jungle State'. Some political leaders had argued if dreaded Pak militants could be exchange for hijacked plane's passengers, why not the 56 TADA detenues for Raj Kumar's release. It was conveniently forgotten that they were held hostages in highly Talibanised foreign country where our writ did not run. No wonder Hon'ble Judges questioned Central Government's role when an independent State from the States of Karnataka and Tamil Nadu was in the making. The Centre however took the plea that law and order is strictly within the domain of State Governments and that Centre could indeed intervene if its help was sought by the State Governments. How strange! Indian Peace Keeping Force of about two lakh was sent to Sri Lanka to take on the LTTE terrorists but it cannot do anything to LTTE TNLA aided Veerappan's gang in Indian territory. Apex Court judgement should be an eye-opener for State and Centres role as regards nexus amongst politicians, criminals and police. States cannot be allowed to become part of the criminals. Three new States of Chhattisgarh, Jharkhand and Uttaranchal have been created to ensure removal of backwardness, fast development and creating opportunities that stood denied to them till recently. It is ironical that all the three are in dire straits and the focus is on how to form or save the Government rather than go about realisation of the objectives for which these States have been created. The Government in first of three namely Chhattisgarh is already formed on November 1 and Ajit Jogi sworn in as the Chief Minister of the State. It is strange that so far he has not been able to constitute his cabinet. Although Congress Party has 48 members its failure to either constitute cabinet or convene assembly meet reflects that Ajit is busy in the survival game rather than moving even a single centimeter for doing any good to the people. Jogi has been thrust on Chhattisgarh whereas the popular sentiments are with Shukla brothers who have very close affinity with this region. Their challenge to Jogi is so acute that he prefers to wait and watch rather than get unto brass tacks of governance. The danger is not from the opposition but from within the Congress. This is a very bad start by any reckoning. The position of Jharkhand is equally precarious. Tomorrow the first Government is slated to be sworn in. JMM(S) having 12 MLAs has walked out of NDA. This leaves only 41 MLAs in a house of 80 including two Independents extending their support. This razor thin majority speaks volumes about the stability of the Government in the making leaving enough of room for blackmail, floor crossing and horse trading. This means they will be more busy in survival act rather than solve any of the problems faced by its backward people. Petty politics and self-aggrandisement over-rides peoples interests. A bad start indeed. The third State Uttaranchal will have the swearing in ceremony of first Government on Nov 15. Technically BJP which has 20 MLAs out of total of 22 strength of the new assembly should have no difficulty. But the facts speak otherwise. There is tug-of-war within the party stalwarts with many claimants for the Chief Ministerial slot. Dehradun as capital and location of High Court has caused many heart burns. It is certain that long-awaited formation of Uttaranchal has brought in its wake more problems rather than subserve the purpose for which it is created. Even the first Governor- designate has stated that his first priority would be to address to the problems of Sikhs in the new State. What a sectarian and political approach when the Governor is supposed to be guardian of all. The third State is thus also in for a bad start. |
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From B L Kak India’s Foreign Office has just received a message from Wash ington, highlighting the need for a resumption of dialogue between New Delhi and Islamabad. A similar message has been dashed off to Pakistan. Author of the message is Mr Karl Inderfurth, Assistant Secretary of State for South Asian affairs. The message has, in fact, been reiterated in the context of two significant developments: First, the repetition by Pakistani military ruler, Gen. Parvez Musharraf, of his talk in favour of India-Pakistan dialogue "anytime, anywhere and at any level". Second, the repetition by Indian Prime Minister, Mr Atal Behari Vajpayee, and his Home Minister, Mr LK Advani, of New Delhi’s standpoint that talks with Pakistan only after that country stops cross-border terrorism and abandon hostile propaganda against India. Mr Karl Inderfurth’s statement in support of a resumption of the dialogue process between New Delhi and Islamabad also came days after Gen. Musharraf told a television programme that Pakistan could use its nuclear bomb against India if its security was jeopardised. Gen. Musharraf’s views became public after the Federation of American Scientists had pointed out that Pakistan possessed 25 to 35 nuclear bombs and the ability to target any city in India. The CBS’ television programme, in fact, quoted Gen. Musharraf as having stated that "one would like to think of using nuclear devices only if Pakistan’s security gets jeopardised". Washington’s "greatest concern right now", Mr Inderfurth’s message to New Delhi and Islamabad said, "is that the two sides are not talking". Stating that the concern about nuclear missile competition of India and Pakistan is one that the US shares, Mr Inderfurth does not believe that the two countries are on the brink of a nuclear war. At a time when Islamabad continues to be keen on the US’ active role in the settlement of Kashmir problem, the US Assistant Secretary of State for South Asian affairs has placed himself on record by saying: "We cannot mediate the Kashmir dispute, as we have said publicly over and over again. But we can demonstrate our concern, and that’s something that President Clinton has done during his time in office". America’s South Asian affairs department, diplomatic sources says, closely monitors certain developments, particularly the one with regard to the continuing emphasis by Far Right Islamic organisations on the relevance and need of jihad. In modern times, should the cry of jihad be raised by individuals, political parties or an Islamic State ? An article carried by Pakistan’s English daily, Dawn, has said that if individuals and political parties are permitted to practice jihad, counter fatwas can also b e raised by those in different circumstances, which will only serve to negate the unity of the Ummat. MP Bhandara, who has authored the write-up, is of the view that only an Islamic State "has the authority to declare jihad and that , too, within the context of its international obligations". In a pointed reference to the Islamic fighters in Kashmir and the Tamil Tigers, better known as LTTE, the write-up has concluded: "If anything, the Tamil Tigers are more violent than the six Pakistan-based private armies in Kashmir put together. The obvious needs to be restated. The Tamil Tigers do not employ Arabs, Afghans, Pakistanis or any other foreigners to fight their battles for them, nor do they obtain funding from any country. Finances are raised from within the community worldwide". And conclusion number two: "If the Kashmiri liberation war was by and large a Kashmiri-funded and fought war, the world would show greater respect for this liberation struggle. Today the majority of the fighters are non-Kashmiri and the financing of the struggle is almost 100 per cent external". A balanced argument, indeed: Proxy wars are not well regarded by world opinion. Further, an all-Kashmir ‘liberation war’ is likely to focus on the totality of independence-and this, of course, will not suit Pakistan. |
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By Sidhartha Kanungo Five decades ago, horrified by the inhumanity unleashed by the second world war, the nations of the world drew up a charter of peace and a statement of faith in the form of Universal Declaration of Human Rights. Since then, international human rights philosophy has permeated into every aspect of national and international politics, asserting the dignity of man. World community has realised that good governance is impossible to achieve without placing human rights at the Centre-stage. Today, human rights philosophy is seen not only as protection of individual and civil liberty but as a much wider concept of ensuring social justices. Since India attained independence 53 years ago, civil and political rights have been exercised by the people with great vigour. People's impatience with any attempt to curtail these rights was amply demonstrated by their swift rebuff to the emergency declared in 1975. Nothing illustrates the emphasis on human rights in our policy than the general elections leading to the constitution of 13th Lok Sabha. Never before, anywhere in the world, had a free and fair election of such dimension been organised and conducted. Even in states, hit by militancy and insurgency, people were able to assert their democratic rights despite threats. The past half century has also demonstrated the extraordinary capacity of the people and their constitution to accomodate the diversity of the most pluralistic society in the world. However, the same cannot be said of the exercise of economic and social rights. The pledge, in this respect, is less than adequately fulfilled. Based on statistics contained in the 1991 census report 328.9 million Indians were illiterate. A recent official report estimated that 63 million children in the age of 6-14 years are not attending school. As per health, 135 million people had yet to gain access to primary health care, while 226 million without safe drinking water and 640 million were without basic sanitation facilities. While 88 per cent of all pregnant women aged between 15 and 49 years suffered from anaemia, there are over 62 million malnourished children under the age of 16 years are engaged in child labour, many of them in hazardous industries. In terms of poverty and income, nearly one third of the world's poor live in India and the complexities of the situation are compounded by vast disparities between the States. The National Human Rights Commission (NHRC), which was established in 1993, is of the view that the way to improve the quality of life of people is to invest, wisely and substantially, in education and health. In India, such investments are about 14 dollars per person per annum, while in the republic of Korea it is 160 dollars. The NHRC, whose sustained campaign against the terrorist and disruptive activities (prevention) virtually forced the Government to allow the 'draconian' law to lapse, has repeatedly recommended free and compulsory education for all children up to the age of 14 years as Article 45 of the Constitution directs. It is for similar reasons that the commission has sought greater gender equality and respect for the rights of women, in accordance with the Convention of the Elimination of All Forms of Discrimination against Women (CEDAW). It is facts such as these that have compelled the Commission to take cognisance of complaints that drinking water supplies in vast stretches of Andhra Pradesh and West Bengal are poisoned by fluroide or arsenic. It is again for human dignity that the NHRC has intervened to heighten awareness about the plight of innumerable young mothers in the country who, despite readily available and inexpensive forms of preventive action, give birth to children with mental disabilities because of iron and iodine deficiency in diet. For similar compulsions, the Commission probed the circumstances of tribals ousted from the site of Bargi dam in Madhya Pradesh and sent its officers to starvation-hit districts of Orissa. The Commission is also monitoring the ongoing relief and rehabilitation in the cyclone-ravaged areas of costal Orissa. However, of all the assaults of human rights that the people of the country have had to endure since independence, none have been as vicious as the calculated acts of violence perpetrated by terrorists. While security forces are making a conscious and serious effort to exercise restraint while dealing with militancy, NHRC continued to receive complaints alleging violations of human rights by the armed forces, mainly from Jammu and Kashmir and the North-Eastern States. At the same time, the Commission noted that the armed forces have themselves been facing a grim toll in lives lost and personnel injured. Between 1988 and 1997, the Army suffered about 1400 personnel killed in Jammu and Kashmir, while near by 500 army and police personnel were killed during 1995-97 in the North Eastern Sector. Following NHRC's recommendations, the army and the Border Security Force (BSF) have continued to keep the Commission informed of their personnel who, since 1990, have been charged with violating human rights. At the same time, the plight of over 3,50,000 residents of the Kashmir Valley who have been compelled to leave their homes and live in other parts of the country temporarily remains most poignant. Another challenge comes from the egregious violations of human rights that results in custodial death, rape and torture, involving a calculated assaults on human dignity. According to reports received by the NHRC, 136 deaths took place in police custody and 308 in jail custody during 1995-96 while in 1996-97 there were 188 deaths in judicial custody. The figures show a doubling in the number of custodial deaths. Following repeated pleas by NHRC and other agencies and activists, India has acceded to the 1984 convention against torture and other forms of cruel, inhuman and degrading treatment or punishment. So far, 113 states have ratified the Convention. However, in spite of constitutional and statutory provisions to safeguard personal liberty and life of a citizen, the increasing incidence of sustodial torture and death has assumed such alarming proportions that it is affecting the credibility of the rule of law and the administration of criminal justice system. To check the use of third degree methods by police, experts have suggested surprise visits to police stations and similar units by senior officers. At the same time, it is necessary to ensure effective insulation of the investigating wing of the police in order to keep it free from extraneous pulls and pressures. Similarly, systematic reforms must be initiated in prisons, lock-ups and other centres of detention where the inmates continue to stay in pathetic conditions. Overcrowding in Jails, caused largely because of the vast number of under-trials, continue to create conditions grossly at variance with the demands of human dignity. A recent visit to Meerut jail by NHRC staff revealed the presence of some 3000 prisoners as against a declared capacity of 650. Child and bonded labour and child prostitution pose a serious threat to human rights. To tackle the problem NHRC's core group on child prostitution has chalked out a comprehensive plan of action and launched a campaign against the evil in collaboration with UNICEF. It has also introduced a toll free 'CHILDLINE' Phone in service for providing counselling, medical help and shelter to children who are abused, sexually or otherwise. The NHRC, which has been playing a significant role in creating awareness and human rights culture, received about 40,000 complaints this year, showing a four-fold jump from the number during the first year of the Commission's formation. In the light of experience made in administration of the protection of Human Rights Act, 1993, the Commission felt that a second look is necessary on the structural inadequacies in the laws and appropriate changes are required to make it more effective. Recommendations made by a high-level Committee, headed by former Chief Justice A.M. Ahmadi, in this regard are being examined by the Commission, which is likely to seek more powers after studying them. However, as NHRC Chairman Justice J S. Verma observes it is more important to bring about an attitude change in society to ensure effective protection of human rights. PTI Feature |
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NRIs decry diplomatic mission's callousness By : K P Bhanumathy Non-Resident Indians who jump into the limelight every now and then under the banner of the Global Organisation of People of Indian Origin (GOPIO) met again in Zurich, Switzerland, in July to draw India's attention to their demands by passing resolutions and guidelines to highlight their concerns and demands. At each meet the demands grow with forceful rhetoric, despite internal friction and group rivalries. At Zurich they urged the United Nations to establish broad guidelines that would enhance their status. They did not leave out the Commonwealth in their 'urge'. The NRI's want selective treatment from the Indian diplomatic missions, a visa applicant should be treated with honour and visa granted with little delay and personal appearances not imposed, they urged. ''Indian diplomatic missions conduct themselves in a manner that is consistent with a feeling of honour while dealing with a NRI visa applicant as their money has played an important role in helping India over a foreign exchange crisis a few years ago,'' argued a prominent NRI. The 20 million plus, Indian diaspora can be a formidable force, if they are united with common aspirations, but the basic instinct of a NRI is to promote a market culture with economic leverage, fine as far as it goes. Many Indian politicians have encouraged this having made a beeline to countries of NRI domicile to invite or coax them to invest their accumulated wealth in India. The earlier response, although encouraging, gradually dimmed as did the Gulf immigrants remittances. Total investment does not exceed 64.71 million dollars (98-99 FDI). Remittance through Bank deposits by NRI for 97-98 is Rs 21,929 cr, DRE FNNR Rs 33,704 cr. NRNR 23,601 cr. NRI investments in India have been largely on land and property. Earlier immigrants (19th to early 20th century) were the labour force to countries such as South East Asia, Mauritius, Guyana, Fiji, South Africa and West Indies and nearer home the Gulf countries, but the Indians who landed in Western Europe and the USA by the latter part of the 20th century were the better educated ones who went as students or professionals on IB2 visas. They were able to assimilate into an extended social ambience. The NRI of today in Western Europe and particularly in the USA has become immensely rich ans many have been listed as millionaires and billionaires which has brought a better perspective of the Indian image and culture. The American-Indian NRIs have started to contribute to the development of education, health and social welfare in India, relinking themselves to their Indian heritage. The educated Indian immigrant, largely in America, is highly qualified and has a better social background which enables him to integrate social with the neighbourhood communities. If the Western countries and the United States have a better perception of India, the Indian conception of NRI's visiting their homeland, especially those coming from the Gulf countries, South East Asia and UK, is not as good. The sight of a terrylene suited Indian, with Nike shoes and cameras and transistor slung over his neck, throwing his weight around in bad, accented English, is not a pleasant one. What is more, his bragging and uncouth manners start, right from the time he lands, with the immigration officials, the airlines staff, the taxi driver and the hotel staff. These are those who fled with the minimum education to greener pastures, whether from Bellary, Kannur or Ferozepur. Today we see a better behaved lot, educated, better informed with controlled criticisms. Thanks to the IT revolution and liberal admissions to universities and job opportunities, these highly intelligent professionals have also strong links with their homeland. Lucre is not the only thing they went seeking. Having become wealthy, their perceptions widened, political aspirations and business partnership ambitions became the aim. Among the millions of NRI or PIO's living abroad, nearly 1.5 per cent are in the USA and 40,000 in Germany (official figure) pursuing professional careers and business. The NRIs in the UK are a mixed lot, highly educated professionals successful businessmen, millionaire industrialists with a couple of peers or knights and a couple of them in the Parliament. But largely there is a labour force immigrants from the 19th century onwards and still flowing in. India's liberalisation policies and growing global status have drawn some of these once remote now in the limelight NRI's to aspire for a role in Indian affairs. The 200 delegates who assembled in Zurich demanded a larger presence for the diaspora. They minced no words in criticising India's indifference towards people of Indian origin living abroad. They want a say in the decision-making process and want voting rights and to be nominated to Parliament- the Rajya Sabha. Going global they have 'urged' the United Nations to restore Fiji's 1997 constitution and resolve the crisis and ensure the safety of the population of Indian origin. Pointing a finger at India on violation of human rights of the downtrodden, Rs 4 urges- the Indian States and Central Government to arrest immediately the culprits of heinous crimes, disband all private armies such as the Ranbir Sena in Bihar. The creme la creme of all resolutions was on- Voting Rights and Rajya Sabha membership, the argument being that 30 per cent of NRI's or PIO's are Indian citizens. NRI's of late wield of lot of clout due to their wealth and enterpreneurial acumen, so they now want status, apart from seeking roots. But the constant chorus is a bit jarring: ''We have played a big role in bringing foreign companies to invest in India, If we pool our resources India stands to benefit''. A US-based NRI bragged: ''The Indian Government views NRI's as nothing more than a source of extracting money, whether it is through the PIO card or deposits''. Apart from the immigrant labour (Gulf) whose remittances have been enormous, which has contributed to the development and eradication of poverty in Kerala, Goa and Gujarat, where has the 'extraction' money gone. One cannot but feel proud of the small community of high tech young Indians in Silicon Valley. Money and fame have been well earned, their sights are in focus and their contribution to their country of origin has been selectively effective. Earnestly, these men of substance have done their homeland proud, bringing a seachange in the Americans' views and knowledge of India. Many of them are first generation NRI's who went to learn or work. The liberal laws in the country helped them to achieve successful careers. The 'Indian-Americans', to quote Clinton, run more than 7500 companies in the Silicon Valley. Many wealthy and successful Indians in America wield a heavy clout. This became evident during Prime Minister Vajpayee's visit. The community in North America and Britain is emerging as a force in mobilising support on vital issues relation to India. The first generation Indians in these countries maintain their identity with pride. Among the 20 million + NRI's, PIO's the largest number are in the USA and Canada (650000), Malaysia (2030000), Myanmar (29200000), Guyana (800000), Saudi Arabia and South Africa each (1300000), Mauritius (1309000). Majority in the Gulf countries are Indian citizens. The smallest number is in Cape Verde (1); next are North Korea (5) and Lithuania (5). Earlier this year, the Indian Government formed a separate department for NRI-PIO affairs under the MEA with Mr JC Sharma, an able diplomat, as Commissioner. This was followed in September by a three-member panel of prominent experts to review the role and status of Indians abroad and recommend flexible policies within a framework. The panel is headed by a BJP member and former High Commissioner to UK, Mr LM Singhvi. Mr Sharma, additional secretary, MEA, is the member-secretary of the high level body. ''We will study the aspirations, attitudes, requirements, strength and weaknesses of Indian diaspora and their expectations from India; we are committed to protect the interests of the diaspora in every part of the world,'' said Mr Sharma.- CNF |
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