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EDITORIAL

NO DIALOGUE

It has been stated in Parliament that no initiative will be taken by the government for dialogue with Hurriyat Conference. Time and again, dialogue with Hurriyat is mooted by vested interests and some ...more

PAK VISITORS

Union Home Minister L K Advani informs that as many as 11,327 Pakistanis who came on valid visas continue to overstay in India. Out of these no less than 2,627 remain untraced. It is obvious that most of the over-stayees cannot be simple visitors. If it were ....more

Autonomy and
Accountability of Teachers


By Prof G Rasool

The autonomy of educational institutions was essentially derived from the ..
more

Society, not law,
can stop child marriages


By Uma Joshi

In an effort to stop child marriages, the National Human Rights Commission.....
more

Negotiating tact
needed at two


By K R Sudhaman

India may be a small player in world trade as it accounts for only 0.6 per.....
more

EDITORIAL

NO DIALOGUE

It has been stated in Parliament that no initiative will be taken by the government for dialogue with Hurriyat Conference. Time and again, dialogue with Hurriyat is mooted by vested interests and some political parties. There are many ponderables which are relevant to this oft-repeated question of who should talk to whom and for what. First, Hurriyat amalgam comprising of many parties, including pro-Pak terrorist outfits, does not represent entire state of Jammu & Kashmir. Their activities are largely confined to a few pockets in the valley and is almost unrepresented in the other two regions of Jammu and Ladakh. To that extent it is not a representative body for talking anything. Second, they have consistently refused to participate in the electoral process despite advice from the then US Ambassador Mr Frank Wisner during his visit to the State. Similar advice was also tendered by visiting MPs delegation from Great Britain when Hurriyat was in its infancy as also by the European Union ambassadors team. If only they were popular and enjoyed total backing of the people from all the three regions they would have contested elections and tested their popularity. Contrarily, they have edicted boycott of the recently held Lok Sabha elections and its teams visiting various parts of the valley threatened people with dire concequences if they dared vote or participate in any way in the election. The fear of gun because many gun-wielding bodies are part of the Hurriyat amalgam did cause scare psychosis amongst the citizens who preferred to stay back rather than risk their life by exercising franchise. Such being the antecedents of leaders of this amalgam, it is indeed very difficult and quite ridiculous to think of any dialogue with such unrepresentative body.

Third point relates to the fact that they do not swear either by the State or the nation's constitution. That also explains why they refuse to contest elections because every candidate has to swear by the constitution. Instead, they parrot secessionism and some of the amalgams openly ask for J&K merger with Pakistan. True, India has talked in the past to Lal Denga of Mizoram and Phizo of Nagaland. They were also rank terrorists but ultimately wisdom dawned on them and both of them became the CMs of their respective States through due electoral process. Even DMK has been originally a secessionist party seeking independence for Tamil Nadu in the name of Dravidian fraternity which is poles apart from others in India. But today the same party is in power in Tamil Nadu, albeit through democratic process. They are also part of the National Democratic Alliance and partners in power at the Centre. Even the tallest personality of the State Late Sheikh Sahib did initiate Plebiscite Front but ultimately resumed charge of J&K State in 1975 under Indira-Sheikh accord. There is thus nothing wrong or out of tune if Hurriyat opts for the mainstream and swear by the Constitution. As long as it preaches secessionism, no government worth its salt can talk to them.

Fourth, most of those represented on Hurriyat continue to receive foreign funds notably from Pan-Islamic countries under various heads like funds for Madrassas, relief and reconstruction as also for sustaining insurgency overtly and covertly. Almost its entire leadership is a gross violator of Forex regulations since most of the money has gone in their personal coffers through hawala channels. This speaks volumes about their real faces which have never been pro-people. They have sent their wards to prestigious institutions in India and abroad with such ill-gotten wealth. They have also built palatial premises in many important cities of India. They are however consistent in one aspect and that is misusing freedom of press and speech which is out and out secessionist and anti-Indian. It is here that they are tolerated because ours happens to be a democracy even as they sing praises for whatever Pakistan is worth. It is interesting to cross check their record. They refused to condemn killers of Mir Waiz of South Kashmir nor the occupation by Pak-sponsored terrorists of Holy Shrine of Charar Sharif. In fact one is yet to come across any act that can be even remotely termed pro-people. Their dispensation has provided launching pad for Pak sponsored terrorism in which every Kashmiri home has suffered in one way or the other.

Fifth, they have done everything possible to destabilise the state administration and cast India in bad light at all possible forums. Such organisation devoid of representative character, comprising of militant outfits, having pro-Pak designs and dancing to the tune of foreign powers obviously cannot be talked to by any sane government. Their place indeed lies somewhere else. Those who moot dialogue with Hurriyat are not their sympathisers but provide fuel to them for anti-national activities. The tragedy is that sanity and wisdom are not the criteria. It is all crucial question of extra-territorial loyalties. Above all, dispute or whatever it is, happens to be between India and Pakistan. Dialogue with Hurriyat can thus never help resolve any issue because this amalgam invariably speaks the language of Pakistan.

PAK VISITORS

Union Home Minister L K Advani informs that as many as 11,327 Pakistanis who came on valid visas continue to overstay in India. Out of these no less than 2,627 remain untraced. It is obvious that most of the over-stayees cannot be simple visitors. If it were so, they would returned to Pakistan to rejoin their families. The very fact that they continue to remain in India and that too mostly in border states amply proves that they could be ISI agents sent to India to foment trouble in all vulnerable areas. The tragedy gets compounded because centre remains mute spectator because keeping track of such visitors falls within the jurisdiction of respective states. This is pure abdication of responsibility. Some sort of mechanism has to be evolved that would ensure that visitors from hostile country like Pakistan do not overstay even for a day. The fact remains that soonafter their arrival they submerge in the vastness of Indian liberties and start subversive acts. To that extent not only state governments but the central power apparatus is guilty of callousness. Even at this stage no steps have been initiated to deport overstayees from Pakistan at least those whose whereabouts are known inaction on this count tantamounts to acquiesence. It is not only L K Advani who has given the number of overstayees. Even Rajesh Pilot who was Minister for Internal Security gave the figure of over ten thousand in Parliament. This means all successive governments are privy to their overstay and the resultant indulgence in anti-national activities, including subversion and terrorist acts besides spying. Although Advani has promised bringing out a white paper on ISI activities in India, something must be done urgently to deport illegal overstayees from Pakistan.

Autonomy and Accountability of Teachers

By Prof G Rasool

The autonomy of educational institutions was essentially derived from the religious character of education. This concept of education as a religious function was disturbed and shattered to a great extent by Industrial Revolution. Obviously a large number of new educational institutions were established all over the world and the educational system was thus subjected to change with the time. Basic changes were observed not only in the content of education but also in their organisational structure and style of management. With the span of time the autonomy of the educational institutions was not regarded as an unchallengable concept. The modern concept of autonomy is judged in the light of performance of the social context. The educational institutions are the creation of the state and as such these are answerable to the society.

There is great confusion between the roles and responsibilities. Autonomy and Accountability are really two sides of the same coin. Accountability is judged in terms of responsibility. The Universities and College can not be left unquestionable because these have been assigned to produce such individuals who will hold the country's future. National Policy on Education 1986 has rightly observed that Autonomy and Freedom will always be accompanied by Accountability. University Autonomy is of four types namely, academic, financial, administrative and legislative. The issue of accountability in any area arises when it is felt that something has gone wrong. There is no denying the fact that teachers are the pivot of education and hence accountability starts with them. The need of accountability is felt to create an awareness among teachers towards their duties and responsibilities and to raise the standards of education. Thus accountability means responsibility for something to someone. Accountability is really the process of setting up goals, providing adequate measures to achieve those goals and conducting regular evaluation to find out whether the pre-defined goals have been achieved or not. One can safely conclude here that the two pre-requisites of accountability are: auditing and continuous evaluation. Auditing means looking into the records of the work done and continuous evaluation of teachers be done either by self-appraisal by teachers themselves or by any outside agency. There are three tasks which should be taken into account in relation to teacher's accountability: (i) to establish achievable goals (ii) to monitor performance and (iii) to evaluate achievements. If a proper accountability system of teachers is to be done then four imperatives should be attended to: (i) system of teacher evaluation will be created (ii) system would be data base (iii) system would be open and participative and (iv) incentives and disincentives will be provided.

What to evaluate is a ticklish question but by and large it can be said that an ideal teacher should possess: (i) command over the subject (ii) ability to convey the knowledge to the learners (iii) good support with class (iv) effective teaching etc. One is reminded here a saying of John Dewey, "In the traditional method the child must say something that he has merely learned. There is all the difference in the world between having something to say, and having to say something."

Society, not law, can stop child marriages

By Uma Joshi

In an effort to stop child marriages, the National Human Rights Commission (NHRC) recently recommended compulsory registration of marriages. NHRC is of the view that the matter of child marriage cannot be allowed to rest as that would amount to abdication of its responsibility. The Commission is also of the view that the Child Marriage (Restraint) Act, 1929 should be amended in order to make the offence cognizable and non-bailable with trial in sessions court.

Also, there is need to decentralise executive powers and other responsibilities under the Act to facilitate reporting of child marriages. In addition, powers should be given to non-government organisations (NGOs) and responsible persons at the panchayat and village level to prevent child marriages. The importance of free and compulsory education until the age of 14 years, as directed by Article 45 of the Constitution, has also been stressed by NHRC as a way of checking child marriages.

Child marriages are nothing but cruelty and crime against children as their lives become a hell if the marriage does not succeed. Even otherwise, to marry children is to inflict injury on their minds and bodies which are yet to develop.

To curb child marriages, the National Commission for Women drafted the Marriage Bill, 1994 aimed at consolidating and amending laws relating to marriages in India. However, the Union Government rejected the Bill lest it hurt the sentiments of minorities as it sought to repeal the personal laws of all communities. The Bill also wanted to make it compulsory for all marriages to be registered and as such, marriages involving minors could not be registered. It was felt that the provisions of the Bill could have had a significant impact on matters ranging from child marriages in Rajasthan to 'export' minor girls from Hyderabad for the Sheikhs in the Gulf.

That child marriages are rampant, particularly in Northern India, is a well-recognised fact and as such, the curse continues to blight the lives of such married people even as the country stands on the threshold of the 21st century. Children become victims of blind customs and superstition still persisting in large segments of the rural countryside and in certain urban concentrations among the weaker socio-economic groups.

Despite the fact that numerous child marriages are anachronistic, nothing seems to stop the anti-social practice including the Child Marriage (Restraint) Act, also known as the Sharda Act, passed as early as in 1929 making child marriages a grave offence.

The question arises why such marriages take place at all and what could be done to stop them. The evil thrives because of illiteracy and many other reasons, the most important of which is the anxiety of the parents to marry off the girls as soon as possible. In many states where illiteracy is much higher, like in Rajasthan, the practice of child marriage is widely prevalent. The day of 'Akha Teej' is the D-day for all parents who have minor girls, for on that day they seek salvation and freedom from anxiety of growing daughters and subsequent problems that may arise with their maturity. Sometimes, social customs and wishes of the community prevail upon parents who succumb to pressures for getting their daughters or sons married at a minor age.

In fact, once the crops are harvested and sold in April, it is time to relax for about three months till they start preparing for the next crop. 'Akha Teej' and 'Peepal Purnima' give them reasons to celebrate after hard work even though a wedding in the family might mean that they spend not only an entire year's income but also take loans to cover the expenses. These so-called 'auspicious' days are also meant for sending their daughter to her in-laws house, called 'second marriage'. Often, children were married in 'thalis' because they are not even old enough to make the ritual rounds of the fire.

Some educated people also defend the custom of child marriages saying that though the couple is married at a young age, they live together only after some years. However, the fact is that even at the time of 'second marriage', often called 'gauna', the girl is just about 14-15 years and the boy 17-18 years. The marriage does not allow either of them to study or pursue a career. The boy soon gets involved in a vicious circle of paying off loans incurred by his father, including more loans for his wife's delivery or for agricultural work.

The ceremony, 'muklawa', before the girl is sent to her-in-laws house is usually solemnised only when she is around 15 years. As such, a girl who till recently was freely frolicking around in her parents' village, is suddenly catapulted to a new position where she has to to play the role of a deaf and mute wife in a long veil, and be seen only as working with her two hands. If she is a younger child when she moves to her new home, she may find too much work harming her physically, but if she has already matured into a woman with an individual personality, she undergoes major adjustment problems.

Another important factor forcing parents, particularly those with more than one daughter, to marry them off before the minimum age is to cut down on wedding expenses. By marrying two daughters at one time, parents save on some expenses like wedding feast and stay of close relatives attending the ceremony. Anxiety about grown-up daughters (14 years and above) going astray is another reason forcing less educated or illiterate parents to marry off their daughters before the ideal age ----18 years for marriage. Thus, on the so - called, 'auspicious' days thousands of children are married in blatant violation of law.

Child marriage syndrome is basically determined by people's attitude towards the girl child right from birth. The crux of the problem, therefore, is that the girl child in our rural areas is caught in a situation which is 'pre-determined and pre-destined'. Her role is just centered around marriage and motherhood. There is little chance of her ever having an individual identity outside wedded life. The age at marriage, as such, indicates the status assigned to her --- working for the family and for undergoing all the burdens of early motherhood.

Obviously, the child bride remains under-nourished without any opportunity to grow fully. Her poor physical condition makes her and her children vulnerable to many diseases and risks including maternity death and infant mortality. No wonder, an undernourished married girl grows up as a physically weak mother, perpetuating the vicious circle of an undernourished family.

Since the custom of child marriage is deep-rooted, it is difficult to prevent it only by law. The solution to this social malaise should come from the society. PTI Feature

Negotiating tact needed at two

By K R Sudhaman

India may be a small player in world trade as it accounts for only 0.6 per cent of the total global trade but industrialised countries cannot ignore New Delhi's concerns on World Trade Organisation (WTO) issues because it is a huge market with over 250-million middle-class population. It is this factor that puts India in a bargaining position at the WTO ministerial meeting beginning in Seattle at the end of November.

There is a general consensus among trade and industry that India should take advantage of its large market and negotiate without fear on areas of concern like labour standards, environmental issues, agricultural subsidies, anti-dumping actions, which are increasingly being used by industrialised nations as protectionist measures to deny market access to us and other developing countries.

It is heartening to note that Commerce and Industry Minister Murasoli Maran declared at a recent seminar that "We will go to Seattle with a firm commitment to address the issues brought before us in a constructive manner.... and the errors of the past or the mistakes that we have made in the Uruguay Round shall certainly not be repeated. As negotiations are a two-way street, "We will not fear to negotiate but will not negotiate out of fear, he said. This is a significant statement coming just three weeks before the Seattle meeting when the Government is in the process of giving finishing touches to its stretegy.

After the Uruguay Round of multilateral trade negotiations, which culminated in the setting up of WTO in 1994, there was a general opinion in the country that India had compromised on many issues when it signed the agreement at Marrakesh in April 1994. The Seattle meeting is crucial as it is expected to set the agenda for new round of negotiations. It is in this context India should be forthright in voicing its concerns so that they are addressed to the maximum extent possible. Though our voice is feeble, we are in a position to spearhead the campaign of the developing world, particularly in areas like labour standards and environmental issues raised by the north.

We should take advantage of this to get maximum benefits in trade offs at such meetings. With as many as 134-member countries participating at the Seattle meeting, no country can have its way fully and how much trade offs we reap depends upon our negotiating skills.

The United States and European Union are trying to paint a wrong picture that India is against core labour standards and environment protection. This is just not true. From time immemorial nature is being worshipped in this land of Buddha. The Vedic scripts have elaborated in detail the importance of nature and its conservation. The significane of maintaining ecological balance is important to our culture. Even today, nature therapy and bio-products are extensively used by millions of Indians.

On labour standards, India is among those countries which have ratified several conventions of the International Labour Organisation. Child labour is one of the major issues in labour standards. There have been 182 ILO Conventions. Of these, 19 pertain to child labour, the most controversial issue affecting the developing countries. But, India has ratified seven of the 19, whereas the industrialised nations like the United States and Germany, who champion the cause of child labour have ratified only one and three respectively. Germany has even denounced two of the 19 conventions.

This shows that developed countries want to raise the issue to dilute the focus from real issues concerning global trade at the WTO ministerial meeting. Western countries know that developing countries would oppose 'tooth and nail' attempts to link trade with core labour standards. Then, why are they renewing their demands despite the fact that 1996 WTO's Singapore declaration left the labour standard issues to ILO. This is because of strong lobbying by some powerful trade unions in United States who are hostile to free trade. Unions in the United States have opposed every trade liberalisation initiative for years. It is strange that United States which claims to champion the cause of free trade wants to raise such extraneous issues to block trade developing countries.

Likewise, environmental issues are being sought to be linked to trade by industrialised nations to bully developing nations. The United States, all along was showing 'red' card (the threat of communism) like a 'football referee' to play foul with the developing countries. Now it wants to show 'green' card to stunt the economic development of poor countries.

Agriculture is another issue where gradual reduction of subsidies by developed countries had not taken place thereby affecting the growth of agricultural exports from developing countries. In fact, some western countries have actually increased agricultural subsidies beyond the pre-Uruguay round levels. Also, tariff reductions have been cosmetic by the western countries. So India should not accept at Seattle any declaration which does not make specific reference to the problems of predominantly large agrarian economies, especially relating to food security, poverty alleviation and rural employment.

The agreement on textiles and clothing is a classic example of tremendous dichotomy between intentions and implementation. This is one of the major reasons that India is insisting on full implementation of the existing WTO agreements before starting a new round of multilateral negotiations.

The textiles and clothing agreement held out great promises in terms of benefits to developing countries. But in reality very little market access has materialised and there has been no acceleration in growth of exports of textiles and clothing from developing countries. Frequent anti-dumping probes against India's textile exports and changes in rules of origin by the United States since July 1996 are some of the protectionist measures on textiles practised by the industrialised nations. So market access and meaningful integration are key issues for India on textiles. India has rightly prepared a detailed proposal regarding anti-dumping agreement for presentation at Seattle.

On anti-dumping, India instead of adopting an hard approach towards negotiations, should adopt a sensible negotiating strategy by arguing that anti-dumping is violative of basic free trade principles and should be scrapped.

Services is another sector where liberalisation has been confined to areas of interest to only developed countries. Movement of service providers and professionals which is of significance to developing countries has not seen any positive development. Similarly, commitments made under the trade-related Intellectual Property Rights Agreement (TRIPS) for transfer of technology from North to South to bridge the technology gap remain 'best endeavour clause.'

When mandated negotiations on TRIPS begin next year, India should strive for a firm commitment from Western countries on technology transfer. Just as movement of capital flow, movement of skilled personnel and professionals should also be freely allowed.

It is regrettable that specific provisions in the anti-dumping agreement, sanitary and Phytosanitary measures (SPS) and Dispute Settlement Understanding, which were meant to safeguard the interests of developing countries have not been implemented at all. These lacunae and handicaps need to be addressed when 134-member countries assemble at Seattle. There will be intensive negotiations on these and there are bound to be trade-offs and India should take a balanced view and work for consensus among the member countries to reconcile various points of view. PTI feature

 
 



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