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Chief Minister Dr Farooq Abdullah has made tentative commitment on the floor of the State Assembly that henceforth there shall be no 'political influence' for selection of candidates for professional courses in the examinations conducted by Competent Authority, He holds the promise of taking all ..more For quite sometime there have been authentic reports of backdoor recruitment in many Government departments as also Government partnered or financed bodies. Almost everyday of the ongoing assembly session allegations of such recruitment have been made by the MLAs. The only thing to be appreciated is that the concerned ministers have admitted and spoken the truth that such recruitments have indeed..more |
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Khalsa Panth and Tercentenary Tercentenary of Khalsa Panth is being celebrated....more Khalsa - The Compelling circumstances drove a spiritual ...more Ambedkar, the crusader Although untouchables had
been simmering ...more In 1982, the Supreme Court suggested that ....more |
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EDITORIAL Chief Minister Dr Farooq Abdullah has made tentative commitment on the floor of the State Assembly that henceforth there shall be no 'political influence' for selection of candidates for professional courses in the examinations conducted by Competent Authority, He holds the promise of taking all steps to clean the Augean Stable and relieve it of all extraneous influences. In fact, it is an admission that till recently the selection process has not been fair enough. If it were all clean business there was no need for Chief Minister to take remedial measures. The fact remains ever since its creation, all selection made by CAEE has been the subject of challenge in Courts on this or that list, There have been also allegations of parochial approach. Singhal Committee appointed to probe MBBS selection list of last year which had led to many heart burns amongst the aspirants has given various recommendations so that merit is not at a discount and there is fair distribution of seats amongst all regions of the State. The Committee however had absolved CAEE of any malpractice in preparing the final list but came out with many recommendations to remove the apprehensions nursed by the candidates. It is to be noted that one of the major recommendation was to have region-wise selection for all professional courses. According to CM, this is not possible in view of the legal advice obtained from experts. Such selections have to be on State basis as a single unit and the most meritorious selected for the same as per earlier verdicts of Apex Court. There was thus an implied admission of one region having been discriminated. Otherwise it would not have recommended region-wise selection. There also can't be two Comptent Authorities in one State. The problem gets further compounded when guidelines for appointment of members for CAEE are flouted recklessly. CAEE in its present form shall ever remain under cloud. Now that Chief Minister says that scope for political influence and interfering with fair selection process will be totally eliminated, nothing is spelt out asto how it is sought to be achieved. Singhal Committee had also recommended that all the exams to be conducted by a CAEE should brought within stipulated calender. There was thus an implied inference that undue delays in declaration of results act as major source of influences. There is yet no indication of such calender having been prepared. So the messy situation persists. In this context the concept of introducing Common Entrance Test for various professional Courses has also become questionable. When CAEE could never stick to even single test schedule in terms of declaration of results, one wonders the messy situation that results from CET right from conducting of exams to declaration of results. For one thing all courses do not start simultaneously. All have different calenders. For another thing, it makes the confusion worst confounded. Change for the sake of change is no change. Change has got to be for the better. If CET has proved to be worse, it needs to be discarded and individual exam system restored for quick, authentic and fair assessment of merit course-wise. Since CAEE continues to remain suspect in the eyes of thousands of aspirants, it is better to emulate the example of Punjab where instead of having CAEE, every such entry test for admission to professional courses is entrusted to one of the universities in the State on rotation basis. The results are available within a month of the test though the number of candidates is many times more than this State. This State too has several universities who can definitely perform better and fairest possible role than what the CAEE has been doing all these years. Alternatively, if this suggestion is not acceptable to Government, it should clearly spell out asto what steps it has taken to ensure that political influence do not interfere with the CAEE results. In any case single exam system for every professional course, declaration of results within 30 days of exam and announcement of calender of exams for the full year must be adopted immediately. Further, only men of unflinching track record should be the members and their appointment be made strictly in accordance with the stipulated norms and guidelines. Since cleansing the prevailing CAEE system is a commitment made by the CM on the floor of the House, its follow up brooks no further delay. For quite sometime there have been authentic reports of backdoor recruitment in many Government departments as also Government partnered or financed bodies. Almost everyday of the ongoing assembly session allegations of such recruitment have been made by the MLAs. The only thing to be appreciated is that the concerned ministers have admitted and spoken the truth that such recruitments have indeed taken place. Earlier it was the Social Welfare Department where the Minister readily admitted such backdoor entry. Now it is the turn of Minister for Rural Development and Cooperatives to confess that some Matriculates have indeed been appointed as Managers in the Land Development Bank. To that extent all the 22 appointments thus made without advertising the posts remain suspect. It is not the question of who recommends and who obliges. It is the gay abandon with which such appointments continue to manifest their ugliness that puts a question mark on the system itself. In this context one can as well mention the 1400 appointments made for ad-hoc teachers in some districts in the Valley in the wake of mass migration of KPs. It has been alleged that most of these appointments are militants' recommended and sponsored. The Government has promised full investigation but the fact remains they are there. How long it would take to check their antecedents and undo the wrong done to the educational system with such type of ad-hoc appointees. The popular Government has been in place for more than two and half years now and in fairness to the popular governance, necessary follow up action should have been taken to go for the correctives. There has also been the question of Class IV appointments having been stopped for Jammu region half way even as all available vacancies have been duly filled up in the valley. The promise was to resume recruitment process in Jammu forthwith with appropriate orders to the respective district administrators. So far there is no indication that the wrong done half way has since been undone. CM also promised to remove the anomalous situation in the secretariat which is dominated by employees of one region only. The promise is reiterated but that is that. When procedures for recruitment at all levels are duly defined, one fails to understand how these are violated so recklessly. There is the SSRB, PSC, District level recruitment functionaries. Yet ad-hocism in terms of backdoor entry continues unabated. The Government must see to it that those who allow such extraneous ingress of malpractices are dealt with sternly and those who get recruited thus by exercising such influences should be removed forthwith. Then and then alone it is fair-play and merit-based recruitment. |
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Khalsa
Panth and Tercentenary Tercentenary of Khalsa Panth is being celebrated with great enthusiasm and zeal all over India and abroad falling on 14th April 1999 and a year long celebration strategy stands chalked out by Govt. of India. However, felicitation of 300 years of Khalsa Panth is really a honour and previlege for Indians and particularly Punjabis. First and second centenaries had befallen during Moughal and British regimes. However, both empire were at daggers drawn with Khalsa Panth during their regimes as both these powers considered from them a potential threats, to their establishments. Therefore numerous sacrifies were made for emancipation of the country by Khalsa Panth. Historical background When Guru Govind Singh Maharaj appeared in Socio-political scenario there was pall of gloom all over the country. In Internal and External fragmented society down trodden and depressed were the victims. Internally, centuries old rigid caste system was existing and society was being run by the four varna theory as exhibited in manusmriti. There was complete social compartmentalisation of head, heart, mind and soul. Rituals and customs laden society was adding the worries and miseries of helpless people regularly. Externally, India was divided into small and weak states always fighting against one another. Their subjects were the victims of their terrors. Political rivalry and hegemony over one another, resulted inviting of outside invaders, like Mohd. Gouri, and Gazni for settling their political scores and egos. They plundered, looted, made mockery of Indian women folk, auctioned them even butchered small children let loose a reign of terror and hoarded Indians like animals. However, the genes of Indian people had altogether been mutated. Character outlook was changed. Khalsa Nomenclature The term Khalsa as I do perceive it is embodiment of certain very decorated and noble principles meant for a highly charactered and disciplined life. It stands for practically implementation of Humanism in one's day to day life. And equality and fraternity of all human beings and races. Some historians, however, owe the origin of Khalsa nomenclature from Persian language with a piece of land free from the control of anybody in Arabian countries. The meaning of Khalsa Panth therefore can be summed up as a community of people whose control is directly in the hands of Akalpurakh or God. Baptizing with a mission Baptizing is a ceremony of spiritual transformation of human psyche. The Amrit (Nectar) is prepared by reciting five holy banis. Jap Jee Sahib, Jap Sahib, Sawyain, Anand Sahib and Choupi. All those who have to Baptize themselves come prepared along with all ceremonial formalities like Kacha (Underwear), Kara (Bracelet), Kirpan (small Sword), Kanga (Comb) and Kesh (long Hair). However every one in assembly is asked to drink Amrit from the same Bowl irrespective of caste, creed, colour and sex. Thus an egalitarian order is created based on the principal of spiritual and moral enlightenment. However on 13th April 1699 A.D. on the eve of Baisakhi at Anand Pur Sahib A Miracle was proformed by evolving a new social order known as Khalsa Panth. Panj Pyara (5 beloved) hailing from different parts of Indian Sub continent symbolizing unity in diversity and four out of five were from depressed classes, were got Baptized by Guru Govind Singh Ji Maharaj himself and later got himself Baptized from them. Daya Ram, a Khatri from Lahore was first beloved who offered his head and surrendered himself before the Guru in a mammoth congregation of twenty thousand people. Dharam Dass a jat from Rohtak (Haryana) Mokham Chand, a Washerman from Dwarka (Gujarat), Himmat a water carrier of Jagan Nath Puri (Orissa) Eastern India and Sahib Chand a Barber Bidar (Karnataka) South India offered their respective heads one by one. However, they were declared as singhs (lions) by Guru and became immortal five in Khalsa Panth. Virtues to counter vices Khalsa Panth has been blessed by five virtues who act as guidelines to them to over come the menance of five evils in their day to day life. The five virtues are Daya (Compassion) Dharam (Moral righteousness) Mokan (fortitude) Himat (Courage) Sahib (Mastery over oneself). The rosary of five virtues therefore convey two types of messages. First is self explanatory and communicate message of God to the rulers of the world that ruling in absence of five virtues can be uprooted and thrown out any where of the world by weaker Sections. Besides, second message convey suggestions and instructions to people for 'Self protection' from five evils for having a perfect and decent life. These five vices are Kam (Lust for sexual desire), Karod (Anger), Lob (Greed), Moh (Attachment of wordly possession) Ahankar (False ego). Farsighted Vision Analysing the importance of a Panth for its pre-eminence, Guru Govind Singh Maharaj infused and made two permanent sacrificial elements of his Panth, Bhakti and Shakti. Bhakti, (Meditation) is meant for worldly renunciation of all the materialistic pleasures and one can have control over his mind, and strong will to over power the spell of five vices/evils. Shakti (Temporal) is directed for liberating the shackles of Physical slavery from tyrants. In this regard he has practically demonstrated the world. Father Guru Tegh Bahadur was executed by Aurengzeb for the protection of Hinduism. Four sons were killed two in wars and 2 were buried alive in walls. Mother died due to shock. There is no such an example in the history of human civilization for the cause of upliftment and sufferings of down trodden classes and human races. Much is talked now-a-days of secularism, democracy, socialism, freedom, equality and fraternity of all races and human beings. However all these factors and terms have already been incorporated in the 'Khalsa Panth" with strong directions to implement them 300 years back by Guru Gobind Singh Maharaj. Decaying trends With great regret and concern that Khalsa Principles and norms are slowly and gradually being eroded. Khalsa Panth institutions have been commercialized and politicised for capturing of powers. There is religious black mailing and political exploitation of innocent masses. Sikh norms are being afloated for personal glorification. Sikh religious forums are meant for coming nearer to power apparatus. There is however, need that much stress should be paid on character building measures and Khalsa principles should be striclty implemented. Otherwise there is an apprehension that Khalsa Panth will be wiped out from India and 4th Century shall be witnessed with zeal and enthusiasm in west like Buddhism which originated from India and uprooted from here. To check further decay Sikh sangat shall have to adopt some reformatory movements. |
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Ambedkar, the crusader for
social justice Although untouchables had been simmering with discontent for long, their fight for a better deal in Indian society really began with the arrival on the scene of Dr Bhimrao Ramji Ambedkar, who himself belonged to an untouchable family of the Mahar community in Maharashtra. He was a brilliant scholar who rounded off his academic career with B.A, M.A, Ph. D and D.Sc degrees. But despite his academic attainments he could not be accepted as an equal in Hindu society. On the contrary, he was meted out humiliation, insults, rebuffs at every stage of his life because of his low caste birth. Today is Dr Ambedkar's birth anniversary Ambedkar became a bitter critic of the Hindu scriptures and the Vedas from which Brahmin priests derived authority to accord abject treatment to the depressed classes. He had no faith in the Congress party because he felt it largely consisted of upper castes who had no sympathy or understanding for the downtrodden. He was opposed to untouchables joining the Congress. He impressed upon his community to tell the caste Hindus that what was tragedy of untouchables was indeed their (caste Hindus') crime. Ambedkar fought casteist ideologies and their champions, playing a leading role in the movement for the liberation of untouchables. He called upon untouchables to cease to be members of Hindu society, which barred their entry to temples, condemned them to a life of misery and exploited them for carrying on their dirtiest and most defiling jobs like removal of nightsoil, burning of the dead at cremation grounds, skinning of dead animals and all those things which no upper caste member would ever want or like to do. Ambedkar formed a league of depressed classes to fight for their rights. When he was a nominated member of the Bombay legislative assembly from 1926 to 1934, Ambedkar was invited as delegate to the three Round Table Conferences in London, which were held from 1930 to 1933. Seeing Gandhiji, who attended these conferences as a representatives of the Indian National Congress, expressing more concern for the Muslims and Sikhs and taking untouchables almost for granted, Ambedkar was dismayed. It was against this background that Ambedkar raised the demand for separate electorate for untouchables. He said untouchables were not part of Hindu society. The cruel treatment meted out to them was a testimony of this fact. Gandhiji was taken aback and felt Ambedkar's demand for separate electorate if conceded would permanently divide Hindu society. The Communal Award of the British Government announced on 17 August 1932 conceded Ambedkar's demand and granted separate electorates to untouchables. Gandhiji who was then lodged in Yervada Jail in Pune, went on fast unto death on 20 September 1932 to protest against the grant of separate electorates to untouchables. The fast was intended to mount pressure on the British Government and indirectly on Ambedkar to agree to the revision of the award. As Gandhiji's condition worsened, there was countrywide wave of sympathy for him and Ambedkar was projected as the chief villain out to take Mahatma's life. Gandhiji had carried on a campaign for a better deal for untouchables right from the start of his public life. Therefore there were not many totally unwilling to ignore his stand or reasoning. Gandhiji had maintained all along that untouchables were part and parcel of Hindu society and whatever disabilities they suffered from, were due to the evils that had crept into Hinduism over the ages. His reasoning was that the solution to the problem of untouchability lay in reforms in Hindu society. But Ambedkar who had suffered all his life at the hands of caste Hindus had no patience for Gandhiji's line of thinking. However, in view of the sympathy that Gandhiji's fast evoked- and the blame was heaped on his door for the whole wrangle-Ambedkar became concerned with saving Gandhiji's life, regardless of the stand he had taken earlier. Recalling the dilemma he was confronted with, Ambedkar later wrote :'' It was a baffling situation. I had to make a choice between two different alternatives. There was before me the duty as part of common humanity to save Gandhi. There was before me the problem of saving for the untouchables the political rights which the Prime Minister had given them. I agreed to alter the Communal Award in a manner satisfactory to Mr Gandhi to save his life.'' Finally Gandhiji & Ambedkar signed an agreement which later came to be known as Poona Pact and under which the depressed classes gave up the right for separate electorate in return for assurances that the Congress would redouble efforts to improve the lot of untouchables. There was jubilation in the Congress camp. The Untouchability Abolition Week was observed from September 27 to October 2. Appeals were made to abolish untouchability. Inter-caste dinners were held in all cities and temples. Wells were thrown open to untouchables. An appeal for a living bond with the untouchables and for the establishment of large unity with them was made. An all-India untouchability league with its network of provincial boards was set up with headquarters in Delhi. Gandhiji gave untouchables another name, Harijans, the children of God, and also started a journal with the same name and devoted to the uplift of these unfortunate people. Gandhiji started living amongst Harijans in what were then called Bhangi (person engaged in removal of nightsoil) colonies. Led by Ambedkar, untouchables also carried on their struggle for gaining entry into temples and for drawing water from common village wells. But the movement to liberate and rehabilitate Harijans was for all practical purpose overshadowed by the countrywide movement against the then alien British rule. Soon after signing the Poona Pact with Gandhiji. Ambedkar was dismayed to discover that notwithstanding protestations of concern for the untouchables by Congressmen the die-hard attitude of not only common people but also educated and learned men against the lower castes was difficult to change. He was a bitter man. In a bid to seek salvation for his people he even toyed with the idea of their mass conversion into Sikhism. He had long been impressed by Buddhism and continued to think of it as another possible option for the liberation of his community. He thought of other religions because he was increasingly becoming convinced that untouchables would never get justice from Hindus. That Ambedkar was an outstanding genius in constitutional matters was conceded even by his worst critics. After the British quit India in 1947, a constituent assembly was formed with top legal luminaries from all over the country besides leading members of the Congress Party. Ambedkar was nominated to the Constituent Assembly as a representative of the Maharashtra legislative assembly. Because of his erudite scholarship and vast knowledge about constitutional matters, he was elected chairman of the drafting committee of the Constitution. When free India's first government was formed by Nehru, Ambedkar, a member of the Rajya Sabha, was invited to join it as law minister. But here again, he was meted out what he called unequal treatment. While other ministers had been given charge of several portfolios, Ambedkar had only law department. He soldiered on and drafted the Hindu Code Bill. The bill stirred so much controversy that Ambedkar had on option but to resign. Later, he twice contested parliamentary elections from Bombay, but was defeated. He was disgusted. He gave a call to all untouchables to embrace Buddhism. Thousands became Buddhists. But the great reformer died shortly afterwards. Fortunately for the Harijans, the campaign for their betterment did not die with Gandhiji's assassination on 30 January 1948. Removal of untouchability, indeed any form of caste or religion-based discrimination was set out in the Constitution as one of the objectives to be achieved. In order to fulfil Gandhiji's commitment to untouchables, government brought on the statute book laws violation of which invited harsh punishment. Thanks to the cumulative effect of anti-discrimination laws Harijans no longer suffer many of the disabilities which used to torment them in the past. There is growing realisation that unless these people are delinked from their mean and ignoble profession, they will continue to suffer from the stigma of untouchability which has dogged them for ages. Every year allocations are made for the conversion of dry latrines into water-borne systems, involving the use of septic tanks or underground sewers. But with population explosion, especially amongst the poor who resort to dry latrines the problem is nowhere near solution. Now when Gandhiji and the band of dedicated social workers he had trained to wage a war against social discrimination are all dead and gone, it is difficult to foresee when Harijans engaged in the demeaning profession of their forefathers will be free from the stigma which springs from the profession they are engaged in. The bulk of India's bureaucracy which is mainly responsible for implementation of laws is still drawn from upper castes who remain steeped in the teachings of Manusmriti. No wonder, the bureaucrats do not feel as strongly about the social injustice to Harijans as did Baba Sahib Ambedkar and Gandhiji. |
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Court
martial and civil justice In 1982, the Supreme Court suggested that Parliament should review the Army, the Air Force and the Navy Acts and provide for an appeal of the judiciary against the decisions of the courts martial. Recently, the Law Commission has followed up with the recommendation that a re-think is needed on the existing system of justice under the three Acts. The Supreme Court had observed that "absence of even one appeal with power to review evidence, legal formulation, conclusion and adequacy or otherwise of punishment is a glaring lacuna in a country where a counterpart civilian convict can prefer appeal after appeal to a hierarchy of courts." The suggestion had come in the wake of some Defence Service personnel going to civil courts of law to seek redress of their grievances against the system of military administration and justice. Since no action has been taken by Parliament so far on the apex court's ruling, the Law Commission has suo moto undertaken this exercise. It may be pointed out that a strong and disciplined Army is the best guarantee not only for the country's security, but also for its progress. The bedrock of such a war-winning military machine is the dedicated sense of discipline among its members marked by implicit trust, faith and loyalty towards their commanders. Any interference or superintendence by an outside authority, not conversant with the Service ethos, could shake the confidence and faith of Servicemen in their leaders and ruin their discipline, morale and fighting efficiency to the grave detriment of national security. The armed forces the world over are governed by special codes of discipline. These special laws provide for the constitution of ad hoc military courts and tribunals to deal with military offences. These courts and tribunals have been placed beyond the superintendence or appellate jurisdiction of the Supreme Court or high courts of the country through specific Court or high Courts of the country through specific constitutional provisions. Some of the special provisions of the Constitution which carve out an exclusive position for the members of the armed forces are: (a) Under Article 33, Parliament is empowered by law to restrict or abrogate any of the Fundamental Rights enshrined in Part III of the Constitution, in their application to the armed forces, so as to ensure the proper discharge of their duties and the maintenance of discipline amongst them. The codification of the Army, Navy and Air Force Acts and their rules are in consonance with this provision. Under Article 227 of the Constitution, a high court enjoys superintendence over all courts and tribunals throughout its territorial jurisdiction, but clause (4) of this Article specifically provides that "nothing in this Article shall be deemed to confer on a high court, powers of superintendence over any court or tribunals constituted by or under any law relating to the armed forces". Under Article 136 of the Constitution, the Supreme Court has been given extraordinary discretionary powers to grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter, passed or made by any court or tribunal in the territory of India. However, clause (2) of the same Article enjoins that even this power of the Supreme Court "shall not apply to any judgement determination, sentence or order, passed or made by any court or tribunal constituted by, or under, any law relating to the armed forces". The Presidential pleasure, which governs the service of all members of the Defence and Civil Services of the Government is untrammeled in its exercise regarding members of the Defence Forces, while it is subject to several Constitutional restriction under Article 311, in relation to persons holding civil posts. These provisions do not, however, affect the writ jurisdiction of the Supreme Court and the high courts under Article 32 and 226, respectively. It is this jurisdiction that certain Defence personnel have, of late, been invoking to seek redress of their grievances pertaining to terms and conditions of service, like promotion, retirement, seniority etc., on the one hand, and against verdicts of courts martial on the other. Though the overall number of Service personnel who invoke the writ jurisdiction of civil courts is not alarming, the phenomenon must be examined to understand its deleterious effects. Recent experience shows that while admitting petitions from Servicemen the civil courts have in most cases been issuing interim, often ex-parte, stay orders without apparently realising the effect of such interim orders have on the discipline of the armed forces. Thus, routine transfers have been held in abeyance, normal retirement orders stayed, selection procedures interfered with, promotions summarily ordered or withheld, extraordinary leave granted, facilities extended to retired officers against the existing rules, persons charged with serious offences like desertion released -- all though interim orders issued by various civil courts. Every such case encourages many other Servicemen to rush to the civil courts with their own grievances, no matter how imaginary or unfounded they may be, in preference to a fairly sound service system of redressal of grievances. This is not to suggest that the writ jurisdiction of the Supreme Court and the high courts allowed by the constitutional law of the land to the members of the armed forces should be denied to them in suitable cases. As disciplined, law-abiding citizens, defence personnel have the greatest respect of the country's judiciary. The courts, on their part, have themselves emphasised repeatedly the constitutional position regarding the limited scope of their interference. The armed forces' main difficulty, however, relates to the interim orders that are generally issued by the courts after preliminary hearing which tend to cause a chain reaction in the Service to the grave prejudice of Service administration and discipline. The adverse effect of such a situation to the administration and discipline in a uniformed service can well be imagined. Thus, unless the balance of convenience is conspicuously on the side of the petitioner, whose interests may be irrevocably jeopardised by giving effect to the Government orders, no stay orders should be passed in cases concerning the armed forces, certainly not ex-parte. For, this will have the effect of thwarting a perfectly sound and independent judicial system which the courts are actually supposed to uphold. The high courts may intervene, but they should await finalisation of the Service judicial process which need not be interfered with. After all, a court martial may itself find the petitioner "not guilty", thereby leaving him with no cause of action to move a high court. The system of military administration of justice, in conformity with the Service ethos, is built around the basic concept that commanders at various levels must be vested with the powers to deal with all disciplinary cases and the military courts and tribunals convened to adjudicate upon misconduct of Armymen, must be composed of their peers. There is a hierarchy of disciplined authorities and tribunals under the military law which are vested with varying powers of punishment depending upon the rank and status of the accused person and the gravity of the offence committed. The entire system has all the healthy features of civil (criminal) judicial process with the added advantage the former is designed to ensure speedy finalisation of all cases. INAV |
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