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EDITORIAL

THE MOST CORRUPTED

Is it an honour to find place amongst the most corrupted ? Does democratic dispensation as discernible from dictatorship make any difference as regards corruption? It seems corruption is world-wide phenomenon in which the rich and the poor nations are involved knee-deep. The magnitude may differ but its presence is confirmed from the study carried out by Transparency International which has evolved new methodology to rank the corrupt nations by what it likes to call as CPI (Corruption Perceptions Index). The layman in this country who is by now used to mass corruption and refuses to treat it as an electoral issue anymore may mix it up with Consumer Price Index which continues to shoot up despite lower rate of inflation. And those used to Maoism and Leninism doctrines may as well misread the above CPI to be Communist Party of India. It hardly matters whether it is the Marxist brand or the moderate brand. Anyway that is besides the point.

Corruption Perceptions Index may be unkind to both nations of the sub-continent ranking amongst the most corrupt. One really does not know how Transparency International went about rating the nations and with whom they interacted. Or is it based on the corruption issues debated in Parliament in every session and many big-wigs including two former Prime . .....more

A View Point
JKLF Formula to Solve Kashmir Issue

By Dr Haider Hijazi
Jammu Kashmir Liberation Front (JKLF), one of the...more

South China sea on
the boil

By: Satyabrata Rai Chowdhuri
At the last meeting of the ASEAN regional forum (ARF), ......more

Hon'ble Union Ministers
from J&K !
TALES OF TRAVESTY

By Dr. Jitendra Singh
The State of Jammu and Kashmir has, after a gap of several.....more

LIP-service to education
Academic Pulse

By Prof S K Bhalla
The reported massive bunglings in KAS answer scripts ..more

For a life after retirement

By Joginder Singh, IPS (Retd)
It is a natural weakness of human beings that ..more

India-China Diary – V
Beijing’s reservations about Indian Defence Minister

From B L Kak
India is, and will remain, an important neighbour for the ....more

EDITORIAL

THE MOST CORRUPTED

Is it an honour to find place amongst the most corrupted ? Does democratic dispensation as discernible from dictatorship make any difference as regards corruption? It seems corruption is world-wide phenomenon in which the rich and the poor nations are involved knee-deep. The magnitude may differ but its presence is confirmed from the study carried out by Transparency International which has evolved new methodology to rank the corrupt nations by what it likes to call as CPI (Corruption Perceptions Index). The layman in this country who is by now used to mass corruption and refuses to treat it as an electoral issue anymore may mix it up with Consumer Price Index which continues to shoot up despite lower rate of inflation. And those used to Maoism and Leninism doctrines may as well misread the above CPI to be Communist Party of India. It hardly matters whether it is the Marxist brand or the moderate brand. Anyway that is besides the point.

Corruption Perceptions Index may be unkind to both nations of the sub-continent ranking amongst the most corrupt. One really does not know how Transparency International went about rating the nations and with whom they interacted. Or is it based on the corruption issues debated in Parliament in every session and many big-wigs including two former Prime Minister namely Late Rajiv Gandhi and Narasimha Rao facing chargesheets in the designated courts? Or is it Laloo Prasad that has hogged the limelight and caught imagination of the Transparency International? It is equally possible that the organisation has been closely monitoring the strong lady from the South Ms Jayalalitha who is booked on multiple scams during her stewardship of Tamil Nadu State as Chief Minister. And one need not be surprised if Transparency had made full use of the open confession of Dr Farooq Abdullah that he is unable to check rampant corruption prevalent in J&K. Perhaps, transparency has taken a leaf out of Hawala case, Harshad Mehta's conviction with 5 yrs imprisonment and St. Kitts case. The report prepared by it in any case neither reveals the sources on which the ranking amongst the most corrupted is given nor gives any inkling of methodology applied by it in reaching such conclusions which have worldwide ramifications.

According to CPI, the only consolation India can derive is that Pakistan is ahead of it as being amongst the most corrupted nations even as Pakistan also can derive sadistic pleasure that there are other nations who enjoy better ranking with clear lead in corruption. These nations are Kenya, Paraguay, Yugoslavia, Tanzania, Honduras, Uzbekistan, Azerbaijan, Indonesia, Nigeria and Cameroon. It is interesting to note that even Great Britain is ranked 13th while USA is 18th amongst the corrupted nations. The only country that gets clean chit with zero corruption is Denmark. Vajpayee will be well advised to send delegation to Denmark to find out how zero corruption is achieved. It would be still better if that delegation is headed by Dr Farooq Abdullah. After all he is the choice for current session of UN General Assembly as well and he had done good job at Geneva during preceding UNHRC meets.

Another very interesting findings of the Transparency International relates to bribe giving nations for clinching business deals. For this another index is devised which has been termed as Bribe Payers Perception Index (BPI). China tops the list closely followed by Taiwan, South Korea, Japan, Italy and Malaysia. USA comes 10th. It thus follows that only bribe giving nations happen to be most prosperous with highest GDP. Sweden incidentally emerges cleanest. It seems Transparency International likes to forget Bofors kickbacks. Or is it that Transparency International has some Italian connection?

A View Point
JKLF Formula to Solve Kashmir Issue

By Dr Haider Hijazi

Jammu Kashmir Liberation Front (JKLF), one of the main organisations engaged in the struggle for freedom of Kashmir, has put forward a practicable formula for a peaceful, equitable, honourable, democratic and permanent solution of Kashmir issue. This 50 years old issue has abruptly turned into a dangerous explosive following nuclear tests by arch rivals India and Pakistan. These two countries have already fought two bloody wars over Kashmir two-third of which is under India and the rest under Pakistan, both wanting to have the whole of it under different claims whereas the people of Kashmir want to determine their future themselves and have, during last about a decade alone, sacrificed over 60,000 lives of the sons and daughters of the soil to achieve that right. The efforts of the United Nations for over a decade after 1947 to solve the issue couldn't go beyond cease-fire due mainly to India's undue intransigence though Pakistan also did not have a clean slate in that respect. With the passage of time the world-body lost interest in the matter and the issue got pushed into cold storage. Now, for the first time in about four decades, is the international community paying serious attention to the issue and wants it to be solved once and for all before it explodes to destroy the entire area.

Mr Amanullah Khan, Chairman JKLF explained the formula during a briefing to diplomats and representatives of national and international media on June 19, 1998 in Islamabad and during the "Meet the Press" programme arranged by Peshawar Press Club on June 30, 1998. Both the briefings received wide coverage in print media as well as on Voice of Germany and BBC (radio). We also sent a common letter to the Prime Ministers, Leaders of the Opposition and heads of the main political parties of India and Pakistan and copies to world dignitaries explaining the formula and requesting them to accept and implement it. Brochures containing full details of the formula have been published in Urdu and English, the latter titled "KASHMIR --- Who and How to Bell the Cat."

THE FORMULA: The briefest possible gist of the formula, proposed to the implemented by an 11 member "international Kashmir Committee (IKC)", is that the divided Kashmir (officially termed as Jammu Kashmir State) be re-united and made a fully independent country with a democratic, federal and non-communal system of Government and having friendly relations with both India and Pakistan. It proposes an agreement between Kashmir and international community to the effect that the latter, specially the immediate neighbours of Kashmir, would not violate its frontiers nor interfere in its internal affairs and Kashmir would undertake not to let its soil be used against any country. 15 years after the re-unification, let there be a UN supervised referendum in which people of Kashmir will determine whether Kashmir should retain its independence or become part of India or Pakistan and that popular verdict be accepted by all concerned as the final settlement of Kashmir issue and implemented.

INTERNATIONAL KASHMIR COMMITTEE (IKC): The formula suggests that an eleven member International Kashmir Committee (IKC) comprising one representative each of the UN Secretary General, the permanent members of the UN Security Council, Germany, Japan and Islamic Conference (OIC) and two of the Non-Aligned Movement (NAM) should implement the formula in five phases with the cooperation and help of Governments of India and Pakistan and Kashmiri political parties and militant groups. The IKC will also be helped by UN Military Observers Group (UNMOGIP) which is already functioning in the State and will be duly strengthened to cater to the needs of implementation of the formula. The composition of IKC is such that India and Pakistan can not afford to reject its suggestions and nobody can accuse it of partiality.

THE IMPLEMENTATION: The IKC will implement the formula in five phases as follows:-

First Phase: In this phase of IKC will first chalk out the details of implementation of the plan and discuss it first individually and then collectively with the representatives of the Governments of India and Pakistan and those of Kashmiri political parties and obtain their approval of the formula. This should be followed by an agreement signed by India, Pakistan and Kashmiri political parties accepting the formula and pledging to cooperate with IKC in its implementation. And that agreement be registered with UN.

Second Phase: This phase will include simultaneous and complete withdrawal from the entire State of all armed forces and civil personnel of India and Pakistan. At the same time the non-Kashmiri armed militants present in the State be evacuated and sent to their respective countries.

Third Phase: The main item of this phase will be disarming of all Kashmiri militant group including the counter-militancy groups raised by India. This will be followed by return to their homes of all those who have left their homes since 1988 and are living in refugee camps in Jammu, New Delhi and Azad Kashmir.

Fourth Phase: In this phase IKC will open all intra-Kashmir roads closed since cease-fire in 1949 and practically re-unite the State. An Interim National Government representing all regions, religions and political views (pro-India, pro-Pakistan and pro-independence) will be established to assist the IKC. A constitution committee will frame an interim constitution providing for a federal state having five provinces (Kashmir valley, Jammu , Ladakh, Azad Kashmir, Gilgit-Baltistan) each having considerable internal autonomy and equal representation inthe Upper House (House of Notables) at the Centre whereas in the Lower House (house of Representatives) the representation will be proportionate to their respective populations and having non-communal parliamentary system of Government and elections will he held after every 4/5 years. The first new elected Government will ask for its recognition by international community and establish its diplomatic missions in important capitals of the world having a neutralised foreign policy like that of Switzerland and will also enter into agreement with international community as mentioned under heading "The Formula". After establishment of the first elected Government, the job of IKC will be almost accomplished except that it shall have to make sure that the agreements between Kashmir and the international community are not violated.

Fifth Phase: 15 years after re-unification of Kashmir, there will be a UN supervised free and impartial referendum, as the fifth and final phase of the implementation of the formula. In this referendum people of Kashmir will determine whether the State should retain its independence or become part of India or Pakistan and this popular verdict will be accepted by all concerned i.e. India, Pakistan, all the people of Kashmir and by international community as final settlement of Kashmir issue and implemented without any hesitation or objection.

And that will be the end of the problem that has caused two bloody wars, has been eating into economic vitals of India and Pakistan and has kept 13 million Kashmiris under continuous agony for half a century besides taking tens of thousands of their lives and that, if left unsolved, can destroy the entire region completely.

The Golden Gifts of the Formula: The most important benefits and advantages of this formula are that, besides solving Kashmir issue peacefully, equitably, honourably, democratically and permanently, honourably, democraticlaly and permanently, it does so without hurting the national egos of India and Pakistan, without harming their national ideologies (India's secularism and Pakistan's Two Nation Theory) and legitimate national interests, without causing communal disturbances or mass-migrations, without disintegrating Kashmir permanently and on the basis of Kashmir people's unfettered and freely expressed wishes and aspirations. It will not harm the national egos of India and Pakistan nor give either of them a sense of defeat because neither of them will have to hand over the Kashmir territory now under her control, to the other. Since the formula does not give the part of Muslim-majority-State now under India to Muslim Pakistan, it does not disturb or harm Indian secularism and since it does not let any part of Muslim-majority-State remain under India it does not negate Pakistan's Two Nation Theory. This solution does not harm the legitimate national interests of India and Pakistan because (a) Kashmir will have friendly relations with both India and Pakistan (b) Kashmiri soil will not be used against India or Pakistan and (c) because Kashmir could ultimately join India or Pakistan.

Nevertheless the best golden gift of this formula is that it will change Kashmir from the position of a bone of contention into a bridge or friendship between India and Pakistan. This change will, on one hand, save South Asia from the horrors of a nuclear or a conventional war and rid the two countries of so costly defence budgets and, on the other hand, herald the dawn of a peaceful, prosperous and dignified future for India, Pakistan and Kashmir. It will also benefit the entire world by helping to maintain world peace as also by facilitating large scale investments in these two countries and Kashmir which are inhabited by over one fifth of worlds population. All that India and Pakistan have to do to make these colossal gains is to part with he terrorise of Jammu Kashmir State now under their control.

With so much to gain and so little to lose in accepting and implementing this solution of Kashmir issue, the Governments of India and Pakistan have no justification whatsoever, to reject it. But both of them having been doing most unjustified things in the past consulting in the present state of affairs and in future dangers and may not bother to accept this solution as well. As such, we appeal to the people of India and Pakistan and to international community to prevail upon the two Governments and persuade them to see reason and accept this solution of the issue and implement it. That alone can save South Asia from a holocaust and the world from disorders and imbalances in many important fields.
(The author is Secretary General JKLF)

South China sea on the boil

By: Satyabrata Rai Chowdhuri

At the last meeting of the ASEAN regional forum (ARF), the Chinese foreign minister, Tang Jiaxuan, ruffled the feathers of the association members when he warned them that unless the problem of territorial sovereignty in South China sea was addressed immediately, his country would keep its military option open to establish its claim to some islands in question.

Describing the warning as "extremely unfortunate and provocative," Malaysian foreign minister, Syed Hamid Albar said that any unilateral military action by Beijing to establish its claim on the dispute islands would have "grave consequences."

The problem of ownership of the islands, Albar said, could only be settled by multilateral negotiations adding such negotiations would be in tune with the agreement to set up a commission to work toward making the region a nuclear weapon-free zone. The commission has been provided for under a treaty signed in Bangkok on December 15, 1995 and ratified in 1997.

China had held out a similar threat at the meeting of the ARF in Manila last year. At the time it appeared that China might be prepared to engage in constructive dialogue with Brunei, Malayasia and the Philippines. The possibility of discussion with Vietnam, a major claimant to some of the area, did not appear to be on China's agenda.

Taiwan, also a claimant, did not figure in China's approach to sovereignty of some of the islands in the South China sea. China's threat assumed seriousness in 1995, with China occupying a shoal lying only 220 Km from the Philippines island of Palawan. Tension in the region hotted up when Philippines forces arrested 64, Chinese fishermen from the disputed waters.

Lack of ASEAN strategic ;cohesion militates against a strong stance towards China. While there are moves to extend defence cooperation among members, ASEAN's nature is that of economic partnership, not military alliance. Formal defence links are not desired, although there is concern among the countries themselves about each other's qualitative and quantitative improvements in combat capabilities.

The only formal defence linkage in the region is the Five Power Defence Arrangement (FPDA) grouping Australia, Malaysia, New Zealand, U. K. and Singapore. Its signatories are bound to "consult" should there be a threat to a member.

Although there are limits to what the FPDA could achieve in the region as an active alliance, if Malaysia were to be forced into a conflict with China, the FPDA could assume greater significance.

Malaysia is developing Layang Layang Island (Swallow Reef or Tanwan Chiao, lying off Sabak, about 250 km form Kota Kinabalu) as a tourist resort and has given some priority to its defence and if China were to interfere with free passage of Malaysian vessels in the area, there could be serious consequences.

However, developments would depend on the political will of Australia, New Zealand and UK to become militarily involved in a sensitive dispute. They would be hesitant about entering into any conflict with China and the terms of Australia's treaty with USA would further confuse the issue. The "consultations" on which FDPA is based, would be prolonged and would have to involve other parties including Japan, whose main interest is maintenance of free passage for oil tankers through the region.

The main bones of contention in the area are, the Paracel island group (Chinese; Xisha Quandao and Zhengsha Quandao; Vietnamese: Hoang Sa), close to Hainan and Vietnam and Spratlys (Chinese: Nansha Quandao; Vietnamese: Truong Sa) which are closer to Vietnam, Malaysia, Philippines and Bruneil than to territory that is indisputably Chinese. Taiwan has not renounced its claim to several islets.

The eastern Paracels were occupied by China and the western Paracels by Vietnam until 1974, when China took advantage of the impending collapse of South Vietnam to occupy the western islets. The then (northern) Democratic People's Republic, which China supported in the course of the Vietnam war, refrained from overt criticism of its ally at the time.

But on February 27, 1988, Hanoi announced that ".... it is clear that the Hoang Sa and Truong Sa archipelagoes have long been part of Vietnam's territory because the Vietnamese State has owned these two archipelagoes since they were lying unclaimed and because it has continued its sovereignty over them." China has rejected this claim.

Sovereignty over the Spratlys is more important to the countries of the region - and potentially more dangerous - than the Paracels. The group closer to ASEAN members than it does to China, whose legal claims are therefore less easy to justify. Main shipping routes pass close by and the islands are close to proven deposits of oil.

The Chinese have recently constructed further military facilities, this time on a tide -covered shoal, generally accepted to be within the ambit of Philippines, which has for many years occupied some of the islets.

Not all of the 200 islets in the Spratlys are in dispute among the ASEAN partners. On the basis of proximity and law of the sea, the Philippines claims about 50, forming a region named Kalayaan; Malaysia a dozen or so and Bruneil only the Louisa reef, about 140 kms from Bandar Seri Begawan.

Inspite of some sabre rattling in 1987, the three countries have subordinated local disputes to the greater good of ASEAN solidarity. Vietnam claims the entire Spratly group, but would settle for much less if negotiations were to take place. China, too, claims the entire group, but appears unwilling to settle for anything less than acknowledgement of total sovereignty.

The map of China produced by Beijing's cartographic publishing house shows the entire South China sea falling within Chinese sphere, Maritime boundaries are depicted as only 75 km seawards from Brunei, Malaysia, Philippines, and Vietnam (Natuna island and its immediate islets, south of Vietnam and for a time the subject of an amicably resolved dispute between Malaysia and Indonesia, are excluded from Chinese claims). The economic exclusive zones (EEZs) of Philippines, Malaysia, Brunei and Vietnam fall within atleast some of the Spratlys.

Ironically, the law of the sea convention may be in part responsible for the dispute over the Spratlys. According to the convention, an EEZ maybe established around islands only if these are capable of supporting human habitation. It can be argued that cays and sandbanks, some of which disappear at high tide, and have no freshwater, cannot support humans. In its present form, the law of the sea tends to complicate the tengles in the South China sea, relying on the consent of signatories to abide by its provisions.

There are, however, precedents for actions taken on the viewpoint that, if a state fears its major interests are adversely affected by an agreement into which it has entered then it need not be bound in perpetuity be that accord.

In July 1992, when the foreign ministers of the ASEAN members met in Manila to address territorial sovereignty problems in the SouthChina sea, they could do little more than urge claimants to the Spratlys to settle their disputes peacefully. China refused to endorse the declaration and made it clear that sovereignty over the South China sea islands was not negotiable.

It was hoped that the then Chinese Premier Li Peng's visit to Vietnam in November 1992 might have been the beginning of a Sino-Vietnamese dialogue, but such was not the case. In 1994, there was optimism that China would continued its somewhat benign posture in the South China sea -- at least as far as ASEAN was concerned -- but its actions early 1995 against Philippines caused serious concern.

The hard numbers of the military balance between China and the ASEAN countries party to the Spratlys dispute indicate overwhelming Chinese superiority. China is expanding and improving its military capabilities at a time when many other countries are making sweeping defence cuts.

Recently, a spokesman of the Chinese defence ministry urged the PLA to "make further efforts to become a revolutionary, modern, and regular army with increased combat effectiveness and defence capabilities for the security of the South China sea.

Needless to say, the ASEAN countries have been alarmed at the indication that China might occupy the disputed islands by force.

The Chinese navy has submarines, which Philippines, Malaysia and Brunei do not possess. It has numerous other surface combatants - including 38 missile - armed destroyers - and about 70 landing crafts, capable of carrying its 10,000 strong marine brigade over the 1,200 km separating mainland China from the spratlys.

Its mine laying capability is considerable, and it could deny the entire area to foreign vessels. This would drastically affect passage of tankers, a fact not lost to Japan, whose supplies of oil would be disrupted by even minor mine laying activities.

The territorial ambitions of Malaysia, Philippines and Brunei in the Spratlys are relatively modest, they want recognition of the fact that some of the islets lie within their economic sphere, and desire peaceful exploitation of seabed resources. China must also realise that it can obtain enormous econmic advantage by means other than force.

World diplomacy should move into higher gear to encourage China to discuss the Spratly islands dispute before it is too late to avoid the worst. PTI Feature

Hon'ble Union Ministers from J&K !
TALES OF TRAVESTY

By Dr. Jitendra Singh

The State of Jammu and Kashmir has, after a gap of several years, once again found representation in the Central Council of Ministers. Whether this would make any difference for the people of Jammu and Kashmir ---only the time would show.

Immediately, however, the two incumbents from the State stand adequately rewarded. Young Omar Farooq could not have dreamt of a better breakthrough in political career at such an early age. This must have come as a great satisfaction and relief to his father Dr Farooq Abdullah who, very much typically like any other parent, seemed visibly keen to see his heir-apparent settle down honourably and promisingly. As for Prof Chaman Lal Gupta, he has been a veteran of many an election and also a staunch BJP ranker all his life, and was therefore in the waiting ever since the day the BJP Government took over at the Centre. Infact, the news of Prof Gupta's induction into the Council of Ministers arrived just in time before he could have lost the hope once and for all. Naturally, therefore, Prof Gupta and his politically conscious family are relieved too.

But, what is the relief expected for the common populace of Jammu and Kashmir from the bonhomie over this newfound representation in the Central Ministry ? That is the real question. The Industry and Chamber activists are excited because they see the prospect of Omar Farooq lending them a boost---out of the way. The businessmen are excited at the possibility of Chaman Lal Gupta introducing a twice a day air flight between Jammu and Delhi. As it is, with its large chunk of shopkeepers, marketeers and financiers, Jammu feels rewarded at having secured easy access to two of the business-oriented Ministries, namely the Industry and the Civil Aviation. That the people of Kashmir Valley are, in contrast, strikingly indifferent to this development is, however, a telling statement on the compulsively feudalistic minded "prominent" citizens of Jammu.

Be that as it may, a substantial contribution by the two Central Ministers from Jammu and Kashmir is possible if the young-old duo of Omar and Chaman combine the enthusiasm and stamina of the one with the experience and wisdom of the other thus together facilitating the overall growth of resources which help generate employment, economic dividends and technological advancement of the State. Militancy of the last ten years has already taken its toll and the best way to bring the state into the midst of the national mainstream is not through appeasement on community lines but through exposure to strides and stumbles encountered by the rest of India. And, it is here that the two new J&K incumbents in the union Ministry can make the best of the opportunity bestowed on them to represent the State into the next millenium.

Meanwhile, the socalled "prominent" citizens of Jammu will have ample occasions to satisfy their appetite for hosting welcome receptions in the honour of the two Hon'ble Union Ministers hailing from the State. But, what different does this make to the plight of the common man if his chosen representatives forget to honour their commitment to him ? Umapathy laments the past experience of betrayed mandate "Shahar Mein Woh Mohtabir Meri Gwaahi Se Hua, Phir Is Shahar Mein Na-Mohtabir Usne Mujhe Kiya !"

LIP-service to education
Academic Pulse
By Prof S K Bhalla

The reported massive bunglings in KAS answer scripts compelling the Hon'ble High Court of J&K to refer the matter for a CBI inquiry (an instance of judicial activism in the education sector), the steep back breaking hike in fees by J&K State Board of School Education, relegating to the "background the teaching of Urdu in Govt. schools, unprecedented delay in the declaration of BBA-I result of 1998-’99 session, revision of the entire Notification of BBA-II (session 1998-’99) because the previous Notification did not take care of the benefit of the already announced open choice academic bonanza, the beeline of students for re-evaluation of scripts in the hope that some good will definitely accrue, the simmening discontent in the contractual basis lecturers posted in the Colleges of J&K, J&K BOSE's obsession with 8th class examination, flaws in the much vaunted continuous Comprehensive Evaluation Scheme, a detailed clarification issued by the Chairman J&K BOSE in the esteemed Daily Excelsior in the course of none too remote past, complete silence of the high-ups in the education sector on the end of millennium Teachers' Day, and an ad-hocism of the worst order resorted to in the institutions of higher education (higher on the side of inefficiency and lower on the side of much hyped achievements) are a few problems plaguing education sector of J&K to which we have been paying lip service for years together and hopefully continue to do so even in the next millennium. Friends, this is the tip of the iceberg.

People are losing faith in the working/credibility of the educational machine after witnessing a colossal waste of resources in the broad day-light. The ancillary educational services viz. Literacy Mission, Population Education Programmes and Continuous Education programmes too "are not in the pink of health though being kept alive with artificial respiration much to the chagrin of Almighty. Gross indifference, indiscipline and utter disregard have become our hallmark. All the reforms if there are some are restricted to lectures and debates in the closed auditoriums of educational institutions but there is no Action Plan. There is remote possibility of a sea change though many will be socking themselves in drinks on the night of 31st Dec., 1999 and usher in the new century. If in the last 50 years we have in a majority of cases cleverly bungled another 100 years right from Jan, 1, 2000 are required to stem the rot and prune the lopsided growths and weeds. Uncalled for plants shall have to be uprooted, refreshing spirits to be sprayed and intruders shown the door with a political will missing at present.

A majority of problems have cropped up because of uncalled for expansion to garner more of votes. In our country all reforms are initiated after weighing the benefit in terms of electoral gains. There is no scope for a convincingly correct policy because our students may feel artificially aggrieved and these too constitute a chunk of electorate whom we cannot outrightly reject. Employees and teachers also constitution a formidable group with an unhealthy clout whom no mortal power can touch and at times they blackmail the authorities because authorities too have not been given clean chit by a majority of our folk speaking out their minds without fear on the electronic media.

The remedy lies in spotting the right thinking and assigning them the task of reforms for a spoll of a decade or so and in case of failures holding them responsible. Spotting and consequent apportioning, authority are not that easy as appears. For that we shall have to undergo the process of practical but though business like negotiations, dictate the terms and conditions in clear terms, be ready for academic sacrifices as some heads may roll and continuously monitor impartially the work and conduct of those who shall undertake this cumbersome and thankless academic improvement exercise. This is a big question mark. Are we ready for onslaughts or planning in our hearts of hearts ? Do we have a think tank and a work force to handle assertively the dictates of the proposed think tank to bring to book all those gone astray. These remedies need a soul searching and threadbare discussion not lasting beyond a few weeks so that some decision could be taken for the proposed-remedial action. "Even a one-man army is sufficient to give sleepless nights to many."

For a life after retirement
By Joginder Singh, IPS (Retd)

It is a natural weakness of human beings that we want everybody to be cast in the mould of our thoughts and scheme of things. Human nature is also susceptible to self-justification. There is nothing unnatural in believing what we say is based on experience, scriptures and the laws.

Recently, a former Chief Justice of India and former Chairman of the Human Rights Commission was elected to the Rajya Sabha on the ticket of a political party. This raised eyebrows in various circles. Was it correct on the part of an ex-judge to join politics? It has been obliquely suggested that this election focuses on the serious problem about the independence of judiciary. It is not for the first time that a judge or a person occupying a constitutional position has entered Parliament. Earlier also a judge of the Supreme Court resigned and contested election to Parliament on the ticket of a political party. Another judge resigned to contest election to the office of the President of India. The opinion given by the judges after retirement has also come in for criticism.

A judge is also a human being. There is a Constitutional bar on him from practising in the same court where he presided. This is, as it should be. With increase in longevity, and one having been used to working for long hours, retirement leaves everybody, including former judges bewildered. After settlement of the personal problems and getting used to living in a different atmosphere, not only judges every retired person would like to keep busy. Even for the religious-minded there is a limit to the number of hours one can spend in worshipping God or reading the same news again and again in half a dozen newspapers or taking morning and evening walks.

There is still a void in existence even with sufficient money received as post-retirement benefits and pension. Something is still missed by a person who has led an extremely busy life. If he undertakes any work, it is not for money. It is to keep him gainfully engaged. A judge is as much a citizen as a person who is or has not been a judge. The Constitution does not bar the holders of any Constitutional office from occupying an elective post after retirement. It is a misconception to believe that because a judge has been elected on a party ticket to either House of Parliament, it might possibly be a return favour for services rendered.

The country so far had men of probity and high standards occupying judicial offices in the Constitutional courts. There has been a single case of impeachment of a Supreme Court judge and a few cases of allegations being made against some Chief Justices and other judges of the High Courts. It has to be clearly recognised that all our rulers and judges are from our society. Effort has always been to pick up the best for all top slots. If somebody indulges in any misdemeanour, the system is there to take care of him. If it is alleged that some people always get away, a mid-course correction is called for.

Any official after retirement, including a judge, would like to continue working, to believe that he is a useful member of the society. It is a normal human feeling that the moment you feel that you are not contributing anything worthwhile to the society, the desire for living ends or gets considerably reduced. Politics is a maligned profession. Some politicians are synonymous with all the evils afflicting our society. Is it not a good thing that people who have held high positions in the country by their presence raise its level? Don't we all say that men who should be in politics, shy away from it? Don't we all the time urge that it is time for some good people to enter politics to cleanse it from professional politicians whose only means of livelihood are licences, quotas, permits and recommendations?

Pray, why single out only judges? Why not other functionaries like the Governors or Election Commissioners or the Comptroller-General of India? It is not fair to put any single category on a pedestal even after retirement. All retired persons are equal except in the quantum of pension drawn. Retired people also have their plans for a second settlement after the public service is over. If you are fit and in a position to work, your nature will compel you to work. If you don't have a purpose in life, then you are only waiting to die. There is no concluding chapter in life as long as you are alive. There is always some more future in front than what has been left behind in an individual's life. We cannot say at any point in our life that all our problems, conflicts and ambitions have been resolved. There is always a quest for doing more and more in life, for which the retired persons might not have had the time whn in service.

Those retiring from senior positions do not seek post-retirement assignments for the sake of money. The retirement has been made quite attractive with a handsome amount of cash in the form of gratuity, commutation, Employees Insurance Fund and your own contribution to the Provident Fund along with 50 per cent of the last drawn salary as pension. The total package is almost equal to the last salary drawn. It must not be forgotten that the professional contribution of the retired people, including judges, to the society is of the highest order. Retired people have seen ups and downs in their official career. They have nothing to lose by plain talk and plain advice. There is no apprehension of being superseded or denial of promotion. There is no violation of any conduct rule, which requires its employees not to criticise the Government, however wooden-headed it may be.

The retired officials, including judges, can start a sustained campaign to make the citizens aware of their rights. They can also be involved in training programmes for law enforcement officials and sensitising the administration to be responsive to the public needs. A non-governmental organisation of retired judges can constantly work as a watchdog on the disposal of cases by the judiciary. Perhaps, their pressure can be more effective than any number of representations and appeals made.

The talents, skills and expertise of the retired judges, as of other retired persons should be used by the Government of the day, in an honorary capacity without having to bear any financial burden. All the commissions of inquiry or committees appointed by the Government should be only on no-cost basis, except the actual expenses. At the same time, there is a need to amend the Constitution to ensure that a person who has once held a Constitutional office, is not eligible for another Constitutional assignment. But the rights of a retired official to be a citizen cannot be denied.

Another malaise affecting the society these days is making wild allegations against publicmen and private citizens, when they have reached a fairly high position. How is that no allegations are made against such people when they were in humble positions. If somebody is guilty of a legal violation, then the proper forum is either filing a complaint along with prima facie evidence with the Court or other appropriate authorities. It does not serve to politicise every government or political party action. It is time that those who matter set an example and not conduct their private warfare for settling political scores.- CNF

India-China Diary – V
Beijing’s reservations about Indian Defence Minister

From B L Kak

India is, and will remain, an important neighbour for the surviving Communist giant of the world, China. Naturally, therefore, all the more reason for the average Chinese leader and official to closely watch and monitor happenings and events in India, particularly in New Delhi.

Electronic and print media in China, it is universally known, is Government-controlled. No wonder, a section of the Chinese media has not forgotten and forgiven the high-profile Indian Defence Minister, Mr George Fernandes. Anger against Mr Fernandes, obviously, is the product of his none-too-old statement that China was India’s number one enemy and was clandestinely encroaching into Indian territory.

Admittedly, Mr George Fernandes’ remark that China was India’s number one enemy caused embarrassment to the mandarins of the Ministry of External Affairs and the Army top brass. As age catches up with him, he has been somewhat of a loose canon, often misdirecting his ire. He does not seem to have mellowed down.

Perhaps, it was in this context that the Chinese Government had expected the Indian Prime Minister, Mr Atal Behari Vajpayee, to allot the crucial Defence portfolio to some other person, and not to Mr George Fernandes. Whatever the attitude of Chinese critics towards Mr George Fernandes, the allegation of Mr Fernandes with regard to clandestine encroachment by Chinese into Indian territory is not baseless.

Beijing developed certain reservations after two developments in India – first Pokhran tests and, second, Mr George Fernandes’ remark that China was India’s number one enemy. If Mr Fernandes is anxious to get closer to China, then he and likeminded politicians should desist from insisting that it is now for China to take the initiative in the matter of improvement of relations with India.

True, both sides are free to highlight, or refer to, the political-cum-diplomatic reality of the situation. But in light of internal political compulsions in China what is important for New Delhi is to ensure that it does not rush to citadels; the Vajpayee Government has to be skilful and careful in dealing with the issue to ensure that its line of action is re-shaped without ignoring events of the past and peculiar character of Chinese diplomacy.

Days before the formation of the BJP-led coalition Government in New Delhi on October 13, the President, Mr KR Narayanan, was said to have called for details with regard to the reported incursions by Chinese in Ladakh region over the past year. Is it true that the majority of Chinese incursions took place during the Kargil war ?

Equally significant question referred to the Prime Minister’s Office (PMO) and the Ministry of Defence: Is it true that most of the Chinese incursions had occurred along the 10 km stretch in the Track Junction area close to the Daulat Beg Ouldi sector of Ladakh ? In fact, a couple of Indian periodicals had quoted "official sources" as saying that more than 190 intrusions since 1997 and nearly 90 this year alone had taken place close to the Daulat Beg Ouldi section.

An unidentified Indian military official was quoted by these periodicals as having remarked: "The Centre is wilfully ignoring the Chinese intrusions and erosion of the LAC (Line of Actual Control) in Ladakh at its peril". Senior Army officials and External Affairs Ministry bureaucrats in Delhi, it is alleged, have soft-pedalled the intrusions by Chinese troops – that has increased at least fivefold after last year’s Pokhran tests—without really denying they had taken place.

Chinese intrusions into the Indian territory from that high plateau, Tibet, beyond the Himalayas. More than three-fourths of Tibet lies over 10,000 feet above the sea level. Thegreat part of inhabited Tibet is situated between altitudes of 10,000 and 16,000 feet. For the most part inhospitably craggy, the forbidding terrain in the country is arid beyond belief. In the midst of serrated ranges of frozen hills and rarefied air even to walk a few yards uphill is an effort requiring reserves of strength and stamina.

Tibet has been divided into three parts. First part consists of a tangled mass of plains and valleys, lying at an elevation of 16,000 feet and above in the northern Tibet. The second territorial division is known as southern Tibet, containing the valleys of the Tsang-po and its tributaries. The Tsang-po is considered to be the highest navigable river in the world. Southern Tibet is usually called central Tibet. Reason: It contains the central province with Lhasa as the capital. The third territorial division, known as eastern Tibet, is the most fertile part of Tibet.

After he fled Lhasa in March 1959 and came to India, the 14th Dalai Lama argued that neither China nor any other State had any power in Tibet from 1912 until the Chinese invasion in 1950. According to him, Tibet became completely independent in 1912. In 1949-50, Chinese troops entrenched themselves in eastern parts of Tibet. After the fall of Sinkiang, a statement was issued in Beijing in 1951, when a delegation of Tibetan representatives from Lhasa had gone to China for negotiations. The statement said that the Chinese Government had ordered the People’s Liberation Army (PLA) to march into Tibet to eliminate the influence of "aggressive imperialist forces" in Tibet, to free the people of Tibet, and to enable them to return to the "big family" of the People’s Republic of China.

Tibetans, Beijing cannot deny, never wanted the Chinese to capture the roof of the world. But in the gruelling battle between the Buddhists and Communist troops, it was established that for the former conquest remained a vision as remote as a planet. The Chinese added a new chapter to the history by September 1959, when the roof of the world fell to become a province of the People’s Republic of China.

True, India, too, has added a new chapter to the history after the 1962 war by increasing the number of her troops several-fold. But the gap between the Indian and Chinese military strength is perhaps still sizeable. Ladakh is still as formidable and inhospitable as it was in 1962.
(Concluded)



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