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EDITORIAL

Parliamentary prerogative

The scheme of the constitution of India divides the governance of the country in three parts legislature, executive and judiciary. Though the three limbs are thought to be nearly equal in their duty and authority, there is a definite edge given to the Parliament which can be said to be superior to the other two as their being, and power does emanate from and culminate in the Parliament. The superiority of the Parliament comes from the fact that it is the organ that is the direct creature of the real sovereignty in the country viz. the people. The legislature is thus answerable only to two authorities, the supreme......more

The poor service!

One did not believe that the officers of the state administrative service, KAS were raking in money, or living like rajas of the yesteryears. But none would believe that their plight was so miserable as to move the head of this state to make special announcements for curing their ills, to provide them gratis funds for an association and allot them accommodation at the two capitals of the state and....more


Inherent bias in
Musharraf’s decree

By B L Kak
Pakistan’s military ruler, Gen. Parvez Musharraf, is in the news
once again-this time with his action to bar Prime Ministers from a third term in office. Is he ruling Pakistan, the Zia way? His decree against Ms Benazir Bhutto and Mr Nawaz Sharief, to be precise, has triggered a bitter ....
more

Balochistan at cross
roads

By M Rama Rao
The situation in Balochistan today is comparable to the scene that existed in our own Nagaland till the Shillong accord made the state, to quote late B K Nehru, an island of peace in the turbulent northeast. The willingness of Th .....
more

Terrorism is always
pure!

By Dr. R.L. Bhat
Deputy Prime Minister L K Advani is seen as a levelheaded person who would be least bothered with the semantic sophistry that characterizes the Indian politician today. Those verbal ......
more


EDITORIAL

Parliamentary prerogative

The scheme of the constitution of India divides the governance of the country in three parts legislature, executive and judiciary. Though the three limbs are thought to be nearly equal in their duty and authority, there is a definite edge given to the Parliament which can be said to be superior to the other two as their being, and power does emanate from and culminate in the Parliament. The superiority of the Parliament comes from the fact that it is the organ that is the direct creature of the real sovereignty in the country viz. the people. The legislature is thus answerable only to two authorities, the supreme constitution and the sovereign people. The premise is that this accountability to the people would make the Parliament most sensitive to the feelings of the public. That it’d mould itself, its opinions and working accordingly. That while the other two wings may not gauge the people’s perceptions or cares. the representatives would perforce be responsive to them.

Now that looks a very wholesome reasoning: peoples’ representatives would be most sensitive to the popular feel. Yet, we have the spectacle of these representatives being rather indifferent to the people while it is the judiciary that appears to have its fingers directly on the popular pulse. If the countless PILs are any indication, judiciary is the organ that is in direct touch with the people, who appeal to them when they cannot get their representatives, or the Government formed of them and accountable to them directly on a day today basis, to answer their concerns. The latest ‘confirmation’ of this proclivity comes from the Supreme Court directions on the money and muscle power in the elections and the manner in which the ‘representatives’ in the Parliament are trying to waylay it. A statutory constitutional authority like the Election Commission has been more aware of the popular feel on the issue than the Parliament, which is all set to twist and turn the directions in their own private and political interest. The last time one saw Parliament getting refractory to the people and receptive to political considerations and compulsions was the famous Shah Bano case where it overturned the relief provided to a helpless widow.

Today it is a helpless India that is being left in the lurch by the ‘direct representatives’ of the people of India. Much of the corruption, nepotism and misgovernance can be traced to two sores, the money and muscle power in the elections. They bring in countless abnormalities of action-inaction, omission and commission in their wake. In all that it is the common citizen who suffers. The most effective way to uprooting these evils would be to reform the election process and banish the money and muscle from it. The Supreme Court with its ruling and the Election Commission in its follow up directions accomplished the hard job with the simple expedient of making the political aspirants to state on oath their assets and accusations, which were to be made public. The directions were simple and effective. They could be easily implemented. The least the government and the Parliament could have done was to let them work. But no. It wouldn’t. And by a full concurrence of each one of the three-dozen parties and five consensus with hundred and odd members the house rejected it all! The last one heard of the issue was that the government with the full support of the Parliament is finding ways to defeat the supreme court ruling and the EC directive with a prevarication of a law, that would make all the needed noise but do nothing to end the menace.

The poor service!

One did not believe that the officers of the state administrative service, KAS were raking in money, or living like rajas of the yesteryears. But none would believe that their plight was so miserable as to move the head of this state to make special announcements for curing their ills, to provide them gratis funds for an association and allot them accommodation at the two capitals of the state and order that legislating be brought in immediately to ameliorate their plight. People usually associate these privations with the low paid employees in the class III or class IV categories. The administrative people are the ranking officers making, breaking and implementing decisions. It is to them that people take most of their problems; they dispense most of the funds as well as allocate expenditures of the Government. They enjoy a status and say that all the other employees crave for, all their tenures. It could be a comfort to these people to know that their superiors the KAS are beset with problems too, but it just is not the case.

There are much senior people, in say the education and heath services, who never see so much authority, power or prerogative as an ordinary and much junior Service officer enjoys. Most of the times they are forced to kowtow to them, many times with out reason. In departments like health, agriculture and animal husbandry officers in gazzetted cadres have not seen a single promotion for the last twenty years or more. They are the ones who face ‘stagnation’. It is there that the ‘lack of promotional avenues’ is sapping morale’s and actually affecting their functioning. Many of these officers are functioning from makeshift places instead of proper offices. Residential accommodation is a far cry there. Service problems— logistic, functional and psychological — are very grave there. They are also the ones responsible for the developmental activities. Yet, they do not enjoy even adequate operational freedom for their functioning. These are the issues call for the Chief Minister’s concern, whose service matters need attention, whose day to day working needs be facilitated. At least, along with the measures for ‘amelioration’ of the problems’ of KAS people.

Inherent bias in Musharraf’s decree

By B L Kak

Pakistan’s military ruler, Gen. Parvez Musharraf, is in the news
once again-this time with his action to bar Prime Ministers from a third term in office. Is he ruling Pakistan, the Zia way? His decree against Ms Benazir Bhutto and Mr Nawaz Sharief, to be precise, has triggered a bitter controversy. Indeed, the flak it has drawn, domestically and internationally, is indicative of the inherent bias in the decree.

The decree is clearly aimed at preventing Ms Bhutto and Mr Sharief from participating in the elections Gen. Musharraf has promised to hold in October. It has put a question mark on his very intentions so far as restoring democracy in Pakistan is concerned. Critics say that, despite the promise of polls, Gen. Musharraf is trying to ensure that he retained power over any future Parliament and Prime Minister in his country.

Can the ambitious military ruler deny that by resorting to such tactics he is only weakening his own claim to legitimate power? There is no denying that nearly three years of his rule has failed to give him the legitimacy he needs to remain in power without going down in history as yet another military ruler who stifled democratic polity and institutions to further his personal ambitions. Even the referendum he held earlier this year was marred by controversy in the shape of allegations of official interference, depriving it of the constitutional sanctity he had hoped to acquire for himself through the exercise.

The people of Pakistan, as well as the international community, had, obviously, hoped that Gen. Musharraf would make amends by ensuring a free and fair general election. But his recent actions, culminating in the amendment that effectively bars the return to power of Ms Benazir Bhutto and Mr Nawaz Sharief, have belied those hopes. That his decree is part of a systematic campaign to ensure his continuation in power is evident from the developments that preceded the latest amendment to Pakistan’s law.

Gen. Musharraf, had, just the other day, announced proposed constitutional amendments that would give him the power to dismiss the Cabinet and Parliament and shorten some of the terms. It does not take much intelligence to fathom the motive behind these actions. All these are steps that will give him unbridled power to conduct the polls the way he wants to, and pave the way for him to impose a puppet Government on Pakistan, while retaining full control of all authority even after the elections. In doing this, Gen. Musharraf is merely following in the footsteps of the last military ruler of Pakistan, Gen. Zia-ul-Haq.

Gen. Zia had decided that he would continue to wield power only so long as he continued to don the military uniform. Gen. Musharraf, it seems, is doing precisely that. He also seems convinced that the Westminster-style of democracy does not suit Pakistan. He does not disagree with his fellow military men who believe that the Army is a political reality and to avoid regular military interventions, its role in the decision-making process must be concretized.

Pakistan had Field Marshal Ayub Khan attempting to legitimize his regime through what he termed as ‘Basic Democracy’ system and the Constitution he promulgated in 1962. The average Pakistani hasn’t forgotten that Gen. Yahya Khan had his ‘Legal Framework Order’ of 1969 under which elections were held in 1970. But before handing over power to a civilian Government he plunged Pakistan into a political crisis followed by the war which led to the separation of East Pakistan and birth of Bangladesh.

Then came the Eighth Amendment from Pakistan’s yet another military ruler, Gen. Zia-ul-Haq. His obvious attempt was to retain control over the state machinery. Recently, Pakistan’s influential English daily, Dawn, recalled that all these were devices to ensure that each military ruler retained his hold on power and could not retrospectively be held accountable for his abuse of authority while in office. Whether the autocratic rulers succeeded in saving their skin after they stepped down is a vital question. But of long-term significance was the impact their constitutional changes had on Pakistan’s political, economic and social structures.

With every such phase Pakistan has experienced, matters, the publication insists, have gone from "bad to worse". Hence the public trepidation at the latest constitutional package being thrust on Pakistan. Some measures in it might be in the interest of the people of Pakistan, such as the lowering of the voting age from 21 to 18 years. But many others, the publication has pronounced, "are definitely designed to institutionalize the role of the armed forces in the political system of the country and give extraordinary powers to the President in the new dispensation".

There is no denying that Pakistan’s is a deeply fragmented, stratified and polarised society. It is a fact that the absence of a steady and uninterrupted political process as well as decades of elitist and short-sighted socio-economic policies have left Pakistan sharply divided between the haves and the have-nots. Gen. Musharraf himself will find it difficult to challenge the fact that while there has been an increasing concentration of wealth, the masses have been steadily pauperized. Equally irrefutable is the fact that political power in Pakistan has remained in the hands of the privileged classes who have used it to perpetuate their hold on the state machinery and enhance their fortunes and influence.

Three measures among those announced by Gen. Musharraf will widen the division between the privileged and the underprivileged even further. One is the academic qualification condition for candidates desirous of contesting elections to the assemblies. The second is the mode of election of the women candidates. The third is the provision for a National Security Council.

What lies at the core of the current crisis in Pakistan is the alternative view that power rather than the high principle is the motive force of Gen. Musharraf’s military presidency that seeks to perpetuate itself. His opponents are driven by their strong belief that many of his proposals are designed to create a new Parliament which will then be used by him as a ‘rubber stamp legislature’ to legalise them with retrospective effect. And as the balance of power in the prospective National Security Council will tilt overwhelmingly in his favour as the imperious military leader, the proposal hardly qualifies to be seen as a diktat for an apolitical instrument of checks and balances in governance

Balochistan at cross roads

By M Rama Rao

The situation in Balochistan today is comparable to the scene that existed in our own Nagaland till the Shillong accord made the state, to quote late B K Nehru, an island of peace in the turbulent northeast. The willingness of Th Muivah, leader of a NSCN faction, who had gone out of the peace process, to come to Delhi, shows that the North Block efforts are paying off. Interesting aspect of the development is that Zoramthanga, the Mizoram chief minister, and a one time 'rebel' himself, played a crucial role in bringing Muivah and his colleagues to the negotiating table.

Power doesn't flow through the barrel of the gun, always. People's aspirations and grievances can be addressed only through the political process, not through a reign of terror and repression. That India had learnt the lesson quite early in the day is clear from New Delhi's willingness to walk that extra mile to address the needs of the northeast.

From what is happening in Balochistan, it is clear that Pakistan's military junta has no clue as to how it should proceed in the homeland to some five hundred tribes. Otherwise, the regime would not have directed its army and air force to lay a seize of the whole of Dera Bugti district to 'teach a lesson to the tribal chieftains who dared to defy the Federal Authority.'

Bugti, the district headquarters, is a town of some fifty thousand people. Whatever be the provocation and whatever be the gravity of the provocation, blocking water and food supplies and disconnecting telephone and electricity is a punishment no civilised Government will inflict on its own people unless of course the powers that be view the 'trouble as an open rebellion' and thus 'a direct challenge to the established authority'.

Obviously, Islamabad decided to turn the screws to make the people to fall in-line. Such repressive measures have not yielded any desired results anywhere in the world. And Balochistan is no exception. In fact, the fiercely independent Balochis have been resisting all attempts to subjugate them right from the time of the first marshal law ruler, Ayub Khan.

The latest military offensive has ignited serious resentment and anger through out the province, the largest of four provinces in Pakistan. The Balochistan Rights Movement (BRM) and Balochistan Voice (it is running a web site to sensitise world opinion to Balochi plight) have threatened to take their case to the newly established International Criminal Court at The Hague 'in order to hold accountable the army generals responsible for carrying out gross violations of human rights of the Baloch population, our loss of life, plunder (looting) of wealth and non-existence of fundamental civil rights'. If they succeed in carrying out their threat, then the Balochi's would be the first case to be brought before the ICC.

The provocation for the latest round of trouble in Balochistan was attacks on gas installations. Dera Bugti is the energy capital of Pakistan. It has immense hydrocarbon reserves. These riches have not brought any benefit to the locals. Nor is the fact that the region accounts for 15 per cent of the country's energy needs. The locals have been demanding through their traditional chieftains (Sardars) employment to the sons of the soil and no further Punjabisation of their land.

The Oil and Gas Development Company Limited (OGDCL), one of the official agencies engaged in exploration, claims it is more than liberal in doling out doles. Surprisingly, for a government company, it has no hesitation to openly proclaim that it has paid bribes to the Sardas but their greed was unsatiated.

''The chief of the Bugti tribe was paid Rs 200 million under an agreement on account of land acquisition, royalty, water charges, use of roads linking to Pirok and Looti areas during the last three years'', says the company. In March this year, it adds, the chief was paid Rs 80 million but he was demanding more and asked the local employees to strike work. His followers attacked a gas field, injured a Frontier Constabulary (FC) Jawan and kidnapped two others. A Chinese seismic survey is in jeopardy as the stand off between the Government and the tribals continues.

Well, these are serious charges, no doubt but hold a mirror to the mindset of the industrial-bureaucratic-military complex which doesn't have the vision to see beyond the colonial practice of divide and rule in tribal areas. Smelling conspiracies and sensing ethnic wars even in matters so mundane as labour-management disputes is a natural corollary.

Whoever is the author orchestrating the latest campaign will do well to remember that Pakistan will have difficulty in facing a second amputation in three decades. Who has given him the right to brand the Nawab of Bugti a blackmailer, a traitor and a terrorist? To demand development and to stake a claim to natural mineral wealth is their natural right.

Expert view is if the proceeds from natural gas are used locally, even at the current below market-price level, annual revenue of not only Bugti but of entire Balochistan will go up at least ten fold. As of now, this province is a basket case. The budget for the current fiscal (2002-03) shows dependence on federal transfers totalling Rs 24.89 billion. Local revenue receipts are a paltry Rs 1.53 billion.

Unlike East Pakistan, which remained a colony till the day of its liberation, Balochistan is a vital for Pakistan's existence, politically, economically and strategically. There is another aspect to tribal politics. About forty percent of the Pakistan army and about 95 per cent of the Frontier Constabulary are made up of tribals from Balochistan, Waziristan and other agency tracts. The GHQ is not unaware of the ground realities. And this fact explains the half hearted attempt at 'mopping up operations' against Al Qaeda in Waziristan. As Majid Qazi, a columnist of the Balochistan Post, remarks, tribalism and feudalism today stand equated with nationalism in the tribal hinterland owing to the follies of Islamabad.

Tarique Niazi, who teaches Environmental Sociology at the University of Wisconsin, describes the Nawab Bugti in the eye of the storm for yet another time, as 'a democrat, who is not given to parochialism', a feature of Pakistan politics. The Nawab never shook hands of a military despot though Pakistan has been home to military rule for most of its existence as an independent nation.

''A man of such integrity deserves a gun salute, not gun fire'', the professor lamented in a perceptive op-ed artice, ''Making peace with the Bugtis,'' in the Balochistan Post a few days ago.

For us in India, the developments in Balochistan are of immense interest. But we do not known much about it. Our media seldom focuses attention on the area. In fact, reports in the mainline Pakistani press also are very sketchy. Only a clamity or a violent demonstration brings the area in momentary limelight.

For the Pak rulers as also the Pak media, Balochistan is a no man's land, 'where a only blade of grass grows'. One report, very sketchy indeed in the Daily Times, tells that loot and plunder are rampant in Balochistan. With 'law enforcing agencies turning a deaf ear to the complaints, dacoits loot trucks, buses and oil tankers in broad day light'. Main life line of the region, Quetta-Karachi highway has become prone to dacoities.

A local journalist, who wrote on the law and order scene in his paper, is facing music. A case has been slapped under Maintenance of Public Order (MPO) against him and he is made to cool his heels in the jail.

Human Rights violations are not new to Balochistan. As things stand, these will not and unless President General Musharraf takes notice of Tarique Niazi's warning: ''I ask the General to call off the military operation. If he goes ahead with it, he may not be here to regret it, but Pakistan and its people will.''

The Balochvoice and Balochistan Rights Movement are more explicit. ''The Pakistani establishment has continuously suppressed, violated and subdued the Baloch people and looted their motherland systematically and progressively and the world has turned a blind eye to the crises in Balochistan. But now the Baloch have pinned hope on the international community especially the human rights defender and other organizations who work for justice and equality in today's Global Village. The Punjabi establishment should be warned that the Baloch have realized through years of repression and suffrage at the hands of the Punjabi Pakistan that together we stand and divided we fall''. (Syndicate Features)

Terrorism is always pure!

By Dr. R.L. Bhat

Deputy Prime Minister L K Advani is seen as a levelheaded person who would be least bothered with the semantic sophistry that characterizes the Indian politician today. Those verbal refinements commonly become fine-tuned obfuscations to defeat the Indian State in tackling the issues in any effective way. The maze of theorizing, not uncommonly coloured by the underlying politicking needs, have often deflected this State from fulfilling its promise. Ordinary crime is seen as a class intent, plain offenses are coloured with political tints and the result is that ordinary application of law and order becomes a political issue that neither gets implemented not applied but provides enough grist to the political mill for more politicking. It may not be said of all the cases but much of the derailment of the idea of India has come about through this sideways shunting of the intents and actions. Indeed, the promise of BJP was that it would not go around the bush beating imaginary ghosts but would bring in an air of action. That was what the 'party with difference' was taken by most to mean. That promise has not come about. And after a goodly stint in power we have as earthly a person as Advani curling his phrases with fine turns.

Thus his declaration that the recent Rajiv Nagar massacre was 'pure terrorism' shows that there is either a misunderstanding of terrorism in the highest echelons of power in this country or an intension to shift the meaning of terrorism itself. After being confronted by the menace of terrorism for years one expects India to be clear about the meaning and intent of terrorism. Terrorism is not an ordinary crime. During the recent debate on the Prevention Of Terrorism Act, that was what the whole confusion was all about. The argument that the Government had enough laws to deal with terrorism was flawed at the base because terrorism in not a usual crime. It is a super crime, a class by itself, which does not recognize or follow the course of the normal crime. It accordingly would not be, has not been, tackled with the normal laws. One can think of mafia-type of crimes, which closely resemble terrorism but they are still different. At the very least the mafia don wants to live in the society, attain to the ideals the society respects and wants to be accepted by the society. The norms and notions of society matter to him though he may flaunt many of these in his criminal acts.

Terrorism is beyond society, beyond reckoning. The approbation of the society is not what a terrorist seeks. The terrorist is out to wreck the in-force law and order machinery, upturn the polity and enforce the ideas, which motivate him. The terrorism that India and the world is presently confronted with, is derived from an exclusivist fundamentalist idea that seeks to transform the whole world or at least the part it can in the way it has decided are the best. It leaves no space for tolerance, for accommodation or for compromise with the other polities or societies. It would not relent, would not come to agreement except on its terms, which imply on its dictations. There, of course, are many ideologies that carry this tent o self-righteousness. Many of them also consider themselves to be the exclusive in their truths and dispensations. Those that employ terror as the mans to coerce other human beings into following their thoughts and dictums are what we know as terrorists. They want to bring about the changes, which they deem are the best and ordained, by simply silencing the opposition with the terror.

All who do not go their way are the opponents. All who seek to teach or talk of the tolerance and brotherhood of mankind are either cowards or else conspirators, in their eyes. There are only followers and enemies in their reckoning. The enemies are to be killed; the followers must be ready to do that holy job. They are out to demolish all opposition to their cause and idea, with the power of guns or the annihilation of the atomic bombs if available. That is their devotion, that their motivation. Everything that furthers the idea is a nice strategy, a suitable weapon for them. That all-out finality of decision and truth is what makes terrorism a challenge for the world. It seeks to snuffle all the other ideas in the world and to enforce its singular pattern of thought and act. That is the reason there simply are no alibis, no reasons, no justifications for terrorism. It is fully and certainly settled on its 'truth'. It is equally settled about its weapon the terror. That truth of terrorism has to be seen in its full implication if the world is to be one in eradicating it.

The world's total abhorrence for the Nazism came because it had similarly exclusivist premises and conceptions. But terrorism is even more threatening because it does not to feel even the need to 'prove' itself or its pronouncements. It has no seeming need to invent alibis for the superiority of its thoughts or to substantiate its truth. It, therefore, would not do to confuse it as simple or complex, pure or impure. Terrorists may indulge in destruction, loot and rape but these are neither its essentials nor its intent. Mohammad Atta spending the night before WTC-attack in purifying himself or the drugged-drunken Fidayeen who mounted daredevila attacks in Kashmir mean little there. Nor do the bank robberies, the foreign funds, and other 'incentives'. They are all instruments, means like the guns to facilitate item in wrecking what they have decided upon. That is why there are no good or bad terrorists. That is also why the American distinction between 'their terrorists' and 'ours' is a betrayal of the world resolve to wipe out terrorism. It certainly would not to confuse, or misunderstand, or mistake terrorism for what it is not, what it can't be.

 
 



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