EDITORIAL

Battling corruption

With some recent challans, the Vigilance finally seems to have begun its much awaited action against the corruption, though with a short list for the long wait. It goes without saying that corruption is rampant here. There is hardly an office, an officer, factotums or subordiantes who are not tainted with allegations loud or whispered. For some time past, wide allegations against some of the ministers too have been heard and not in whispers at all. Professor Bhim Singh stated it in an open address to media sometime back. He may have his own axes to grind, pressures to mount, but.....more

Revising voter lists

It is rather strange that the authorities should have ordered another 'summary revision' of the electoral rolls instead of preparing new voter lists. Even last year, an overhaul of the electoral rolls was contemplated but was given up in view of the paucity of time before the elections which were then due in six or eight months. Today the elections are nowhere in view. The authorities have enough time on their hands. What is even more important is that the electoral rolls have grown thoroughly outdated. The list had been prepared in the mid eighties,.....more

Stemming the slide

By Joginder Singh

The Transparency International ranks several countries in the world including India, on the basis of corruption perception index prepared by it. The World Bank had observed in the year 2000 that the Delhi Development Authority ..more

Is PM preparing the
nation’s mood?

By K.N. Pandita

In his public speech in Srinagar, Prime Minister Vajpayee suddenly declared Government of India’s willingness to hold talks with Pakistan on various matters including Kashmir. This came as a surprise because India had been ...more

Pak design on third Kashmir

By N.B. Menon

Everybody knows about the two Kashmirs: One is the Jammu and Kashmir state which is an integral part of the Indian Union where Pakistan has been waging a proxy war; the second Kashimir is the Pakistan Occupied part of Kashmir, known as PoK. Buty there is also the third Kashmir – ......more

EDITORIAL

Battling corruption

With some recent challans, the Vigilance finally seems to have begun its much awaited action against the corruption, though with a short list for the long wait. It goes without saying that corruption is rampant here. There is hardly an office, an officer, factotums or subordiantes who are not tainted with allegations loud or whispered. For some time past, wide allegations against some of the ministers too have been heard and not in whispers at all. Professor Bhim Singh stated it in an open address to media sometime back. He may have his own axes to grind, pressures to mount, but the important point is that the allegations are there, and apparently material enough. From transfers and postings that are not entirely above broad, to the long queues of subordinates that the new ministers have trailing them, there are indications that the 'clean people' have gathered moss in the short span of six months. One wonders if the Chief Minister has these founts in view when he talks of institutionalizing the war on corruption.

Then, there are other categories of corruption that are not normally seen. The revelations of one finance company director, before the highest judicial authorities of the State, put a wide range of social eminences under dark clouds of doubt. The first thing that stuns the mind is how big the Lakhs and Crores can get and where they come from. These are risque investments, not the secure deposits that people generally make. Normally they are made when there are overflowing monies; where they come from is any body's guess. Going by the near-speculation risks, one would say that this State was overflowing with developmental activity, with funds and a vibrancy which somehow is not there. These local 'Swiss-accounts' should be red herrings to the economic sleuths, but there are no sleuths there, no economic investigators. For, this is a 'poor' State and, as the Chief Minister says, still in the process of laying institutional framework for tackling things of this sort. The petty patwaris that the vigilance is wont to book are fingerlings compared to this scale of funds. They, however, may all be valid and above broad investments, having been deposited with the firm for earning a quick buck, but has anybody ever thought of inquiring?

Indeed, there is a general laxity in respect of the instruments to detect corruption. The vigilance organization, at least in its earlier incarnations, is known to get selective if not slanted. But how selective can you get when the corruption and corrupt practices are all around us? We are still far from having vigilance of the order that caught the top brass of DDA, Punjab judges and finally the PA of a Union Minister recently after months of watch, phone-tapings and the like. Yet it is that type of vigilance, and not the selective investigations that never get very far, which can help us. Else it is all tinkering with the giant of corruption. Here watching over the vigilance itself, as the Chief Minister has hinted is equally important, probably, more so. Thorough, unstrained inquiries are simply indispensible. And, should not cover the petty employees alone.

Revising voter lists

It is rather strange that the authorities should have ordered another 'summary revision' of the electoral rolls instead of preparing new voter lists. Even last year, an overhaul of the electoral rolls was contemplated but was given up in view of the paucity of time before the elections which were then due in six or eight months. Today the elections are nowhere in view. The authorities have enough time on their hands. What is even more important is that the electoral rolls have grown thoroughly outdated. The list had been prepared in the mid eighties, nearly two decades ago. The people who were born at that time have now become eligible for voting! Then there are the dead of the twenty years to discount, the births to count, the displacements of two decades and some of the huge upheavals that this State saw during this time to account for. Plainly the voter lists are long overdue for a thorough overhaul which cannot be done by summary revisions. Indeed, these and other relevant points have been raised in these columns and other places too many a time.

At election after elections, for at least two assembly and three parliamentary elections, people have pointed out the gross distortions, deletions and deviations in these lists. During this period one census was skipped and another was completed. Villages which existed then may have disappeared or grown into handsome towns. The towns of those days are in the process of becoming citiy-big while the cities have crossed the million-mark. The shape, profile and structure of the constituencies have under gone drastic changes. A summary revision, calling for inclusions and deletions would simply not help to make the rolls usable. Those who have used these rolls during the last elections are aware how inaccurate they are. And none knows it better than the State Election Commission. Yet it has chosen not to get the voter lists prepared afresh! The commission, more than anybody else, knows that the tinker-some revision would create more problems than it would solve. And it just is not the done thing. So why it is being done when the commission has time and resource to renew them beats reason.

Stemming the slide

By Joginder Singh

The Transparency International ranks several countries in the world including India, on the basis of corruption perception index prepared by it. The World Bank had observed in the year 2000 that the Delhi Development Authority (DDA) was the most corrupt organisation in India.

The World Bank Report was based on the observations made by a former Commissioner of DDA. This led to a protest by DDA officials, who felt that the World Bank was unfair. However, the public perception at that time, as well as now, was in agreement with the sentiments of the World Bank.

Similarly, when it was observed that the Delhi Air Customs was the most corrupt and CBI caught some staff with money at the airport on duty, there was a strike. It was ultimately called off after the striking employees had their way. When the Chairman and other senior officers of the Customs were arrested in 2002, nobody remembered the protest strike.

Similarly, nobody in DDA or Government recalled when almost the entire DDA top brass consisting of its Vice - Chairman and its Commissioners were caught by CBI in March, 2003 in corruption related cases.

One odd thing in the country is that while most people will acknowledge that most Government organisations are corrupt, the moment anyone makes a statement or says something to that effect in public, the senior Government officials and Ministers deem it a matter of principle and fetish of defending the "fair name" of the office or its officers, irrespective of the fact or how much they might have skinned alive the public.

Another abnormal characteristic of the Government system and public dealing is that almost every office or official can put the common man or anybody who has to come in contact with it to an unusual degree of harassment. It is almost considered an accepted right in the Government offices to go slow or not work in a time bound fashion. Any excuse is good enough to go on strike or protest.

According to a Survey released in December, 2002, people found the police, health and power sectors the most corrupt.

Around Rs. 1,803 crore is paid in bribes to the police every year, according to the Survey. Around 14 per cent had to pay up just to file an FIR, seven per cent to avoid false arrests, six per cent for arresting accused in a case, five per cent for taking down complaints and three per cent for sending chargesheets to the court.

The Survey also revealed that while people perceived police to be the most corrupt in terms of "actual experience" of the bribe they paid, the health sector earned the dubious distinction of being the most corrupt.

Among the corrupt practices identified in the police were political interference to subvert investigations and money paid for filing FIRs, avoid false arrests, get an accused arrested, avoid arrest or send chargesheets to the courts.

People identified lack of accountability as the main factor responsible for corruption. The most corrupt sector in the public perception was Health. Others were in the following order as per the Survey ---- Power, Education, Land, Judiciary, Police Taxation, PDS, Railways.

The Survey also revealed that Indians pay Rs. 26,728 crore in bribe in exchange for the services they are entitled to get free of cost. This amount is roughly half the nation's annual defence budget. This among, according to Transparency International is paid in bribes across 10 service sectors in India each year.

The Survey says in health sector palms are greased the most. The health network, according to the Survey, garnered Rs. 7,578 crore worth of bribes each year. The Survey lists doctors as the main culprits who demand 77 per cent of the bribes. Hospitals staff are a close number two at 67 per cent.

There's regional variation too: hospitals in Southern India demand the most bribes for admitting patients. But East or West, the figures show that 11 per cent patients paid bribes for proper medicines, 11 per cent bribed doctors for proper health care while six per cent bribed nurses.

The power sector followed health, with most bribes being paid for either fudging excessive bills or simply ensuring that power was supplied in the first place. Around 10 per cent bribed for proper power supply, 8 per cent for settling excessive billing and three per cent for getting a new electricity line. The linesmen were at the head of the bribe taking pack, followed by officers (24 per cent), meter readers (23 per cent) and billing clerks (22 per cent).

In the education sector, which was third on the Corruption list, 57 per cent paid bribes in the form of donations, both in Government and private institutions.

Again, the Southern States beat their northern counterparts: 70 per cent of students paid donations to get admission in Southern India whereas in the North, it was 42 per cent. In the East, 19 per cent students found it "impossible" to get good results if they did not hire teachers as private tutors, while seven per cent had to pay more money to get the forms filled.

In the judiciary, which ranks fifth in the Survey, the report said, "The key form of corruption is predominantly paying money to the court official. Around Rs. 2,510 crore is reportedly paid as bribes," said the Survey.

While the railway is corrupt alright, but the corruption therein is less than others. According to the Survey, every 12th Indian pays about Rs. 621 per year while dealing with the health sector, every 16th Indian pays Rs. 669 per year in bribes in the power sector, every 20th Indian pays Rs. 745 in the education sector.

Politicians and Politics survive on cliche and slogans. The country has seen almost all Prime Ministers claiming from the top of ramparts of the Red Fort that they would wipe off corruption. In January 1999, the present Prime Minister had proclaimed that there would be zero tolerance to corruption.

Unfortunately, the position appears to be opposite with zero intolerance to corruption. It is surprising that what is publicly known to every person in the street, it is not known to the Government as to who is corrupt and dishonest.

Bureaucracy survives on following the old traditions and has a system of Biradari or brotherhood, there effort is to save and not to punish. The Government here, to be very precise, is not the bureaucracy, but the political executive. The country has continued with the British system of the permanent civil service, which stays in office all the time, while the political executive may change, based on the results of an election.

The permanent civil service, which is supposed to be politically neutral, has ceased to be so. What it has now is the spoil system of the United States in actual practice. One can see the spectacle of the bureaucrats getting aligned politically and labelled as belonging to this or that political leader.

With every change of Government both at Central and State Level, massive transfers of bureaucrats are done with the objective of having most pliable bureaucrats in key positions, who will do the political master's bidding. Corruption has become institutionalised. It is upto the political leaders to accept the challenge of the modern times and pull the country out of the morass, if necessary by removing the safety cushions of protection. It is equally important that job retention in the public services is linked to job performance as it generally happens in the private sector. Then only, there can be hope for the country.

Alexander Solzehnitsyn observations should be a guide to the Government. This is ---- "In keeping silent about evil, in burying it, so deep within us that no sign of it appears on the surface, we are implanting it and it will rise up a thousand fold in the future. When we neither punish nor reproach evil-doers .....we are ripping the foundations of justice from beneath new generations."

PTI Feature

Is PM preparing the nation’s mood?

By K.N. Pandita

In his public speech in Srinagar, Prime Minister Vajpayee suddenly declared Government of India’s willingness to hold talks with Pakistan on various matters including Kashmir. This came as a surprise because India had been insisting on putting an end to cross border infiltration as the pre condition for resumption of talks.

There has not been any significant change in Islamabad’s policy of abetting infiltration of armed Pakistani fighters into Kashmir. Deputy Secretary of State, Richard Armitage visited Pakistan and India but made no firm commitment on the issue of infiltration. Army commanders on the Indian side in Kashmir did not mince words about the continued infiltration. This is a paradoxical situation and needs to be explained.

Thereafter, Prime Minister Vajpayee threw more hints here and there which suggested a probable change in Indo-Pak relations and its impact on Kashmir issue. For example, Vajpayee said that he was making the third and the last attempt of restoring good bilateral relations with Pakistan and putting an end to the half - a - century old animus between them.

In the meanwhile, a few steps, no doubt not too significant as yet, have been taken on either side, which in official parlance are termed as confidence building measures. Obviously, these should be matching steps if that is the objective. But the word ‘matching’ is too vague to become the evaluating factor. Put simply, one may say that some movement in the direction of a détente is in progress.

It is no secret that Washington has been imploring both the governments to be more realistic in their relations and pragmatic in resolving whatever differences are there. In common man’s language, it is called American pressure.

The fact of the matter is that as a result of changing regional and global strategies, the festering sore of Kashmir has to be given some treatment and the threat of a nuclear collision in the subcontinent has to be eliminated. Ongoing terrorism has to be contained and not necessarily by only military means. The link up between Kashmir terrorism and global pro-terrorist networks has to be severed. The sources of terrorism must dry up. Therefore a thaw in Indo-Pak relations becomes an imperative for the Americans and the parties concerned. Obviously, Pakistani rulers have, at the end of the day, realized that clandestine abetting and sponsoring of terrorism has recoiled on them and a serious threat emerges for the polity of that country.

Washington is aware that the hawks in Pakistani military would not want a resolution of Kashmir issue because it provides them bread and butter. But the military ruler of Pakistan is caught up in a situation in which he has compulsions of realpolitik. Washington does understand that Pak Army is getting increasingly Islamized because the new generation of recruits at officers and other rank level is thoroughly indoctrinated by the type of education they receive in the seminaries and even in public schools during their early days of schooling. The era of non-communal and purely professional ideological development of army personnel in Pakistan has come to a final end. This has to be addressed without delay.

More recently, the PM made a somewhat unexpected statement in Germany. He said that in order to resolve Kashmir issue, big concessions have to be made. Speaking to the Indian community in Germany, he went to the length of saying that he would quit if he failed in bringing about a détente in Indo-Pak relations, which included the Kashmir issue.

We are not aware whether on the side of Pakistan also such eloquent statements are made. But at least no statement that would be considered as detrimental to peace process has emerged from that side so far. Peace process is a lengthy and tiresome process. A good and satisfactory confidence building measure naturally invites two or three in trail.

It appears that under some invisible guiding hand, the leadership in the two countries is coming closer and closer to a realization that peace has no alternatives and options. But then common sense says that on Kashmir, the core issue according to Pakistan, at least there has to be a roadmap with defined landmarks and milestones. In all probability, the nitty-gritty of the roadmap has been worked out and even subtly let known to limited circles on either side. What are these landmarks and what are the concessions to be made?

On theoretical basis, major transfer of territories or massive transfer of population are ruled out by the international community as a solution to territorial disputes. Furthermore, divisions along religious, ethnic and cultural lines have proved disastrous wherever it was enforced. The Balkan case is in sight. The right of self determination is a concept that is hotly debated on all international fora including the United Nations. The trend of addressing self - determination movements is not in supporting secession but in conceding juridical empowerment of groups within the entities so that only minimum disturbance to civil society is ensured.

In the background of these parameters, what one may think of step by step approach in resolving the Kashmir tangle would be the disengagement of troops from and demilitarization of Siachin Glacier, minimal readjustment of LoC and its ultimate conversion into international border, satisfactory measure of autonomy to the Kashmir Valley and the Northern Areas, softening of LoC and transit rules and facilities.

However, for a lasting resolution on Kashmir, China factor cannot be ignored. New Delhi will have to concede the five thousand sq. kms of Aksaichin territory ceded by Pakistan to China in order to elicit bilateral or multilateral assurance from Beijing that in the event of demilitarization of Siachin Glacier, she would not disturb the peace by penetrating into a part of Nobra valley. We think that the matter is being pursued between India and China (may be US and Pakistan are working behind the curtain). Defence Minster George Fernandes was recently in Beijing and the PM will be visiting China next month. These are no routine visits but carry much significance.

Obviously, the elected Government in Kashmir will be asked to endorse a settlement of that sort in order to give it legitimacy. But it will be very unfortunate if in the process of legitimizing a settlement, it does not take up the question of return of the exiled Hindu minority population of the Valley back to a concentrated habitat in Kashmir under the umbrella of UN Human Rights Commission’s proposed guidelines for the Internally Displaced Persons. New Delhi should have no mistake in understanding that an Islamized Kashmir within a secular Indian Union will be a square peg in a round hole. But, unfortunate as it is, the Pandits like Kurds have no friends.

Pak design on third Kashmir

By N.B. Menon

Everybody knows about the two Kashmirs: One is the Jammu and Kashmir state which is an integral part of the Indian Union where Pakistan has been waging a proxy war; the second Kashimir is the Pakistan Occupied part of Kashmir, known as PoK. Buty there is also the third Kashmir – the northern areas of Jammu and Kashmir comprising the erstwhile principalities of Gilgit, Hunzha, Chitral, Chilas, Nagir, Kon-Ghazar, Iahokirman, Puniyaly and Yasin, where over one million ethnically distinct people of Turko-Mongoloid origin, have lived and practised Buddhism and Islam in a manner distinct from the rest of Pakistan.

Trouble is brewing in the PoK in general, but it is more intense in the third Kashmir, and recently Pakistan army had to resort to a large–scale firings to but down a sort of rebellion by the tribal population of the region. More than 146 people were killed and about 300 were deported from the areas to other regions in the PoK.

The cause for mass discontent in third Kashmir is because of the tactics adopted by the ruling elite in Islamabad over the years to integrate the region in stealthy and step-by-step manner through piecemeal action. As for the PoK politicians, the bifurcation and attempt to integrate that part of the region has always been an emotive issue and they have consistently refused to accept Islamabad‘s position on the status of the northern areas.

Over the years, the rationale for the Pakistani claims over the northern areas has changed considerably. In March 1948, Mr. Liaqat Ali Khan, the then Prime Minister of Pakistan, in a letter to the governor of the North-West Frontier Province (NWFP) had stated that Pakistan‘s right over the northern areas was based on its "undeniable military control". At that time, he was unable to advance constitutional, legal or historical data to justify Pakistan‘s right over the area, but used the simple method of justifying the usurpation of the territory through what he called the "military right".

By 1982, General Zia-ul-Haq, the then military dictator of Pakistan, had ruled that the northern areas were never "disputed area" between India and Pakistan. But this claim is not supported by any relevant Pakistani documents. Even Pakistani documents published before 1982, are testimonies to the glaring fact that the northern areas are in fact, "disputed areas".

The third edition of the officially produced 1950 map of Pakistan clearly shows the northern areas as the administrative unit of the state of Jammu and Kashmir. The legend of "disputed territory" covered the entire state in turn.

The 1962 map produced by the Surveyor-General of Pakistan, just before the 1963 Sino-Pak border agreement, separated Gilgit from the rest of J & K but continued to maintain through a boundary legend that the rest of northern areas including Hunzha and the adjoining territories were part of the "disputed state of Jammu and Kashmir". The rationale for the cartographic changes in taking Gilgit out of the administrative control of J & K was to facilitate surrendering of the territory to the Chinese to clinch the border agreement.

The Articles in 1956, 1962 and 1973 Constitution, which deal with the delineation of the territorial extent of Pakistan do not mention northern areas. Even the 1974 Constitution Amendment does not change the status of the northern areas. The three previous Constitutions did not "incorporate" the northern areas into Pakistan, but merely accepted the fact that military control of the area meant acceptance of Pakistan‘s unconstitutional control of the area. In essence, all the Constitutions were silent in referring to the northern areas in the federally administered areas. Consequently, no provision was made for representation from the northern areas in the Federal Parliament.

It was general Zia’s decision in 1982 to give "observer status " to representatives from these areas in the Federal Majlis-e-Shoora. The UN Security Council resolutions of January and December 1948, March 1950 and March 1951 do not separately mention the northern areas clearly implying that these areas formed as integral parts of the state of Jammu and Kashmir.

The first publicly noticed tinkering in the status of the northern areas began under Mr. Zulfiqar Ali Bhutto in 1972 when he abolished the traditional Jagirdari system and replaced it with a full-fledged commissionary – a step which Mr. Bhutto did not take in respect of Pakistan-occupied Kashmir (PoK) . "From then on, a one step at a time" approach in constitutionally delinking northern areas from PoK and integrating them into Pakistan, has been underway. In 1977, Martial law was proclaimed throughout Pakistan except in PoK, and the northern areas too were brought under the Martial Law regulations.

In 1979, General Zia set up the Northern Areas Council with an outward motive what he called for the "purpose of economic development of the region". There was a representative body, which was not elected, but, members pliant enough, were nominated by the Federal Ministry for the northern areas. These members were given the "status of full" members in the Majlis-e-Shoora in 1984.

The Zia years saw a full intensification of this process of devouring the northern areas and today Islamabad‘s stand for northern areas represents its completed mission, by even denying that the areas were ever "disputed".

As to contain Russian expansion towards the British Indian empire the then rulers with the consent of Maharaja of Jammu and Kashmir took control of parts of northern areas. On different occasions, they stationed and withdrew British political agents from the areas known as Gilgit Agency. The British government secured the Gilgit region from Maharaja of Kashmir in 1935 on a 60 year lease and undertook responsibility for the administration and defence of the area.

However, with the withdrawal of British power from India and lapse of paramountcy over the Indian princely states after the announcement of June 3 plan (1947), the political department of the British Indian government under the direct control of the Governor General, retroceded the area to the Maharaja. It was the Maharaja’s government, which appointed Brig. Ghanshara Singh to look after the area.

Islamabad has always referred to Clause 1 to the Treaty of Amritsar signed by Maharaja Gulab Singh and the British in 1846 stating that the territory which lay between the left bank of the Indus river and to the right bank of the Rabi river stood transferred to the Kashmir Maharaja. By implication, Islamabad has sought to claim that the principalities that lay in trans-Indus region like Gilgit, Hunzha, Chitral, Chilas, etc. were not covered by the Gulab Singh – British agreement, hence at the time of Partition, Pakistan became the rightful and legal successor state to the British as far as paramountcy over these areas was concerned.

The Pakistani claims simply put are that these areas never formed part of J & K, and that they were always under the British administration. But there is historical evidence of activities by the Maharaja of J & K in Gilgit in 1841 even before the Treaty of Amritsar was signed. Many crucial documents and pieces of evidence on which Islamabad is silent clearly reveal that the northern areas have always been inalienable parts of J & K on which the Maharaja exercised sovereignty, a fact that the British acknowledged. In case of Hunzha, the treaty between the Maharaja and Raja if the principality signed in 1870 reveals the tributary status of the latter. Till 1901, there was some vagueness about the status, but even the British rulers accepted the sovereignty of Kashmir and wanted to protect the tributary status of Hunzha by allowing the freedom of administration to the local Raja. Nowhere did the British repudiate the claim of sovereignty made by Jammu and Kashmir.

With Chitral, the sovereignty of J & K state was never in doubt upto 1947. The Pakistan action in forcibly occupying Chitral and refusing to acknowledge this fact represented a clear example of Islamabad’s land grabbing technique through use of force.

The clinching historical point of evidence to prove that the northern areas did owe their sovereignty to the state of J & K lies in British Trigonometrical Survey of 1874 that showed Hunzha, Nagir and Gilgit clearly within J & K territory.

Finally, the 1933 Government of India Act under Section 311(1) stated that the states of J & K would include all territories under its sovereignty and if Kashmir acceded to the federation, the Hunzha, Nagir and others would automatically accede as parts of Kashmir.

The Islamabad Government may have been able to bluff, interpolate and produce selective facts, but debates in its own National Assembly clearly reveal that large sections of its own people are not convinced of Pakistan’s claim. For the PoK politicians, the bifurcation has always been an emotive issue and they have consistently refused to accept Islamabad’s position on the status of the Northern Areas.

The situation is becoming untenable with the mayhem let loose by the local administration and the army in these areas, and a sort of separatist movement is gaining momentum. The more Pakistan Government is trying to suppress the people, the more violent is the reaction of the people. Unlike India where there is press freedom, and everything is reported, in Pakistan the press is not free. Of the troika that rules Pakistan, as regards power the army is first, second is the President and the third the Prime Minister, but the army has the veto power over all the decisions. In any case, India has a good point to beat Pakistan at its own game – violation of human rights in not only the Northern Areas but even in PoK where violent demonstrations by people has become a daily feature. - INAV

 
 



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