Daily Excelsior... Editorial

EDITORIAL

Kill this killer

Winged visitors

Cellular phones and untraced Pak nationals

By B L Kak

In search of peace

By Sujjat Hussain

Adivasis want economic uplift, not religion

By Eduardo Faleiro

During the last session of Parliament a memorandum was submitted to the Prime Minister Dr Manmohan Singh listing some of the grievances of the Christian community. The memorandum .......more

EDITORIAL

Kill this killer

It is heartening to note that India and Pakistan are determined to cooperate on the issue of fighting the evil of unlawful narcotics in the sub-continent. There is no meandering discussion on this sensitive subject even as they are engaged in working out a joint strategy. No acrimony. Instead, there is a serious feeling that this wicked phenomenon has to be mercilessly eliminated lock, stock and barrel. As Pakistan's Anti-Narcotics Force Director Maj Gen Nadeem Ahmad put it: 'We have to fight the war against narcotic drugs together. It is a common cause, has no borders and has no political considerations'. It is a matter of satisfaction that the two neighbouring countries are in broad agreement that they must share information and intelligence to check the menace. If alarm bells are ringing in both the camps it is because of the report of bumper opium crop in Afghanistan and North-West Frontier Province of Pakistan. In addition there is production of this deadly stuff in Punjab, Rajasthan and Jammu and Kashmir (Anantnag district in the south of the Valley has often been in the news in this behalf) apart from a few other regions in this country. India actually provides a big share of opium used in pharmaceutical industries around the globe in manufacturing certain medicines (it is a perfectly legal and legitimate transaction) but that should not in any way mean that it is free from the curse of illicit cultivation. Often in these columns we have expressed regret over the continuing farming of this prohibited product in this State making a mockery of the stringent laws. There is perhaps need to make a distinction: certain areas in the country are earmarked for opium cultivation for therapeutic purposes but many regions where it is grown don't enjoy such legal sanction and our State is one of them. In quite a few instances opium has been caught on either side of the Jawahar Tunnel being smuggled along with popular Kashmiri products like apples and handicrafts.

As this country is located between Myanmar and Laos on one side and Afghanistan and Pakistan on the other it does suffer from the adverse influences of what are widely known as 'golden crescent' and 'golden triangle' in opium parlance. In fact, there seem to be more than one golden triangle for, this is not a clearly defined geographical region. Everybody has applied the concept according to his or her convenience. India, Pakistan and Afghanistan constitute one such three-in-one section. There are some who describe Pakistan, India and Nepal as being inter-linked in this case. The same analogy is extended to include Bangladesh or Myanmar at the expense of Nepal. One can see a significant section of inhabitants of the western Rajasthan lapping up opium as perhaps nobody else in the country does notably during auspicious occasions. There are regular de-addiction camps in this sparsely-populated territory and at least one person running them has been accorded national recognition. We need to say this because this has in turn fanned the theory about the existence of a nexus between Rajasthan and Sindh in Pakistan.

To put in briefly there is hardly any one country in and around South Asia that is not severely affected. The present opium crop has given rise to grave apprehension that the heroin production may get a boost in the border areas of Pakistan and Afghanistan. This may badly impact India as well as other adjoining countries. Two highly destructive influences of this happening are well known. On one hand it creates social menace by threatening to spoil a generation by taking a toll of its zest for life. There is always on the other hand a perpetual threat of the deep-rooted drug Mafias posing a law and order problem. These murderous gangs intoxicated with a sense of violence have little respect for boundaries of one nation or the other. For them their despicable activity gets precedence over everything else. Therefore, this is all the more necessary for India and Pakistan to firmly join hands to destroy this entire practice; they should start by scorching entire unlawful cultivation. Once they collaborate there is every chance of the emergence of a strong South Asian resistance to the highly-pernicious crop that has generated, among other sins, the narco-terrorism.

Winged visitors

It should not surprise anyone that the number of migratory birds flying into the State particularly the Valley has significantly declined during the nineties. There is hardly any activity that has not suffered during this period of turmoil. Obviously the winged visitors have been turned away because of their ill-kept 'guest houses': the wetlands inhabiting them have shrunk. According to a well-analysed newspaper report, the Hygam wetland about 50 kms from Srinagar has, for instance, has reduced in size from 4.5 sq kms to less than 1.5 sq kms as a result of the deposition of silt and human encroachment. Likewise the Hokersar on the periphery of the Capital city has witnessed a marked decrease in the total area. Originally spread over 13.75 sq kms, including a lake and marshy area, it has witnessed a noticeable decrease. If silt from Baalkol and Ningli have played havoc with Hygam that from the Doodh Ganga is taking its toll of Hokersar. The fate is no different of Shalbug which has been the largest bird reserves. What is extremely unfortunate is that while 16 major wetlands across the State have suffered heavily the smaller ones in their vicinity have been encroached upon and converted mostly into human habitats. Particularly a serious damage has been done to those around the Wullar, Asia's principal freshwater lake. While it may be convenient to point an accusing finger at the administrative machinery in reality it seems that unscrupulous elements are no less responsible for spoiling the overall environment. In addition, there is a practical difficulty as the local farmers resist the diversion of water during the paddy season. Evidently this is because there has been no supervision in the past. More than 500 species of birds have been spotted in the State flying in from Siberia, Central Asia, China and other parts of the country fortifying Kashmir's reputation 'as a heaven on the earth for migratory birds'. The majority of them would come between September and April.

Now that the situation has improved it is to be hoped that the birds would get warm reception. All that is to be done is to put a system in place. The concerned authorities have admitted that there is no dearth of funds after the State's Wild Life Act that allowed hunting --- perhaps as a hangover of the feudal order --- has been amended removing an irritant for the Central Government. The wetlands add to the natural splendour apart from serving as homes for the birds. Every endeavour should be made to preserve them. We can learn a lot in this regard from the manner the Bharatpur bird sanctuary in Rajasthan is looked after: it is a delight both for tourists and ornithologists. Our State is luckier in the sense that it has been generously blessed by the nature. This can enable us to create a self-supporting dispensation for water bodies.

Cellular phones and untraced Pak nationals

By B L Kak

If the statistics available with the Government in relation to the 'missing' and 'untraced' Pakistani nationals in different regions of India are any guide, sensitive pockets in border States, particularly Jammu and Kashmir, will continue to be assailed by fears of sorts. One of the fears springs from the reported attempts by unscrupulous foreign nationals to acquire cellular phone facility.

Following the receipt of inputs from Government sleuths vis-a-vis attempts to enable unidentified foreign nationals, based in the country, to obtain cellular phone facility, the Ministries of Home Affairs and Communications and Information Technology took up the matter in an apparent bid to formulate a mechanism or methodology against the misuse of mobile phone facility. And the remedy at the end of the strategic discussions: In the first place, Department of Telecommunications (DoT) issued instructions to all cellular mobile service providers and reminded them, once again, of the 'great need' for verification of address of all applicants, including foreign nationals, before providing cellular mobile telephone connections to them.

Indeed, Shakeel Ahmed, Minister of State in the Ministry of Communications and Information Technology, confirmed in the Rajya Sabha on this December 9 that the Government had been informed that one of the mobile service providers had given mobile connections to some foreign nationals without proper verification of the bonafides of the applicants. The Ministry was prompted to dash off instructions to Telecom authorities across the country, urging them to be vigilant on the one hand and on the other hand to proceed against those found guilty of non-fulfillment of terms and conditions of licence agreement.

Secondly, the Ministry of Home Affairs (MoH) also deemed it necessary to put on alert the law enforcement agencies in States and Union Territories in view of the clandestine activity of unidentified foreign nationals, including 'missing' or 'untraced' Pakistani citizens, to enable themselves to get cellular mobile telephone connections as part of their plan to be in touch with their masters and financiers at unknown destinations within and outside India.

At a time when the ISI's strategic interest in Jammu and Kashmir is intact despite Pakistan President, Gen. Parvez Musharraf's repeated assurance of Islamabad's enhanced interest in peace process with India, mobile telephone facility in the restive State has been found much more cheaper than the satellite mobile phones. Use of the satellite phone in some parts of J&K, particularly by foreign mercenaries, has already been confirmed officially. As the satellite phones facility cannot be broadbased by the ISI, use of the locally available cellular mobile telephone facility will naturally be recommended for the anti-national cells and operatives.

The Government of India as a licensor has issued four licences for providing mobile phone services in Jammu and Kashmir. They are Bharat Sanchar Nigam Limited (BSNL), Messrs Bharati Cellular Limited, Messrs Reliance Infocom limited and Messrs Disnet DSL Limited. BSNL and Messrs Bharati Cellular Limited are, at present, providing mobile phone service in J&K. Both of them have commissioned 210 cellular phone towers.

The Ministry of Communications and Information and Technology also informed Rajya Sabha - in fact, in response to a query from TS Bajwa of the Jammu region - that the number of cellular phone towers proposed to be activated in J&K till the end of March 2005 is 251. A good bit of news: BSNL has planned expansion of its cellular network in J&K by 2.8 lakh lines during 2005. At present, as many as 44 places in the State enjoy cellular mobile facility. But the service is yet to cover a number of far-flung destinations, particularly the ones not far from the border. It is, precisely, in this context that the Government has, once again, clarified that the border towns (in J&K) falling in the buffer zone within 10 km of International Border will be covered, subject to security clearance on case-to-case basis.

Infiltration into Jammu and Kashmir from across the border, to quote Union Minister of State for Home, Sriprakash Jaiswal, has "reduced" — from 1729 infiltrators in 2002 to just 496 in 2004 (up to the end of October). This, however, does not call for lowering of guard or avoidance of vigilance while sanctioning cellular mobile telephone connections in sensitive border areas of the State. The Defence Minister, Pranab Mukherjee, informed the Rajya Sabha the other day that there was was an 'increase' in the infiltration attempts in November this year by terrorists as compared to the months of September and October this year.

During September and October 15, infiltrators were killed during their attempts to sneak into Jammu and Kashmir. The Defence Minister also informed the Upper House that it is estimated that more than 30 infiltrators may have sneaked in. This figure, in view of the known potency of J&K - based terrorists, cannot be under-estimated. According to Pranab Mukherjee, four infiltration attempts were foiled by the Army in the first six days of this November. At least 12 militants got killed.

Going by the assessment of the Union Home Ministry, the situation in J&K is not bad at all, it is improving. Reasons for improvement, brought to the fore by Sriprakash Jaiswal, include (a) pro-active tackling of cross-border terrorism by security forces, (b) accelerating economic development and redressal of public grievances, (c) Government being open to initiate a dialogue process with all groups in J&K, and especially those who eschew the path of violence and express a desire for peace offensive, and (d) deepening of political process through elections at all levels and encouraging political process through elections at all levels and encouraging political debate within the State.

The Government of India has not appreciated the controversy and commotion over the actual status of some persons who formed part of the recent 'grand' occasion of what was officially termed in J&K as the 'surrender' of militants along with their weaponry. But there is no firm indication from the Centre — Ministry of Home Affairs, to be precise — about any perceptible change in the official attitude and policy towards the surrendered militants in the State.

On this December 7, the Home Ministry made it clear that the policy applicable to Jammu and Kashmir includes monthly stipend to the surrenderees at the rate of Rs. 2000 per month for a period of three years, immediate grant of Rs. 1.5 lakh to be kept in shape of FDR in the bank in the name of the surrenderee for a period of three years and drawn subject to 'good behaviour' of the surrenderee, incentives for surrendered weapons as per rates fixed, and self-employment linked bank loans.

This kind of special scheme is not applicable elsewhere, particularly in the restive northeastern States. Under the totally different scheme applicable for these States, each surrendered militant is paid a monthly stipend of Rs. 2000 for a period of 12 months. It is the three-year period in J&K!

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In search of peace

By Sujjat Hussain

Addressing the United Social Committee that was debating on ''Universal Realization of the Right of Peoples to Self Determination'', Pakistan's delegate to the United Nation Mohammad Saifullah Tiwana assured India of Pakistan's sincerity in pursuing the ongoing peace process. He called for ''practical possibilities and modalities'' for a final settlement of 54 years old Kashmir problem. The assurance before the world body came at a time when both India and Pakistan are seriously engaged to find out ways and means to resolve all their outstanding disputes including Kashmir through the process of talks. However, the statements that followed Tiwan's assurance betrayed some of the understandings that both countries had agreed upon before entering into dialogue. Tiwana, in his speech not only subtly accused India of human rights violations in Kashmir, but also called upon the United Nations to fulfil its ''special responsibility emanating from resolution of Security Council'' on Kashmir. He warned that continued violations of Kashmiris people's rights were incompatible with objectives of ending violence and terrorism in the region. ''The United Nations has special responsibility emanating from resolution of Security Council to support the endeavour for a joint and peaceful solution of Jammu and Kashmir dispute in accordance with the wishes of Kashmiri people'', he added. Tiwana also tried to involve the world community in the bilateral issue when, using the UN platform, he urged them to monitor the Indo-Pak peace process.

At the time when the whole Indo-Pak peace process is at evolving stage with present emphasis mostly on developing confidence building measures and bilateralism, such rhetoric may prove detrimental. It was commendable on the part of Indian representative that he played it cool and thus saved linguistic fulmination that had been a routine affair during all past UN debates. It is the time to tread a cautious path than indulging in unnecessary acrimony.

India has shown its sincerity in addressing all the issues confronting Indo-Pak relation. The UPA Government that took over from NDA Government did not lose any time in picking up the thread left by its predecessor. It even retained the NDA nominee N N Vohra as interlocutor for Kashmir. The Indian Prime Minister has even gone a step further by asking Army to reduce its presence in the Valley. Recent visit of Shivraj Patil. The Union Home Minister to Kashmir valley followed by the visit of the Indian Prime Minister were aimed at evolving a road map for resolution of Kashmir issue after ascertaining all shades of opinion. During these visits, the Indian leaders also hinted at unilateral ceasefire and offered unconditional talks with the separatists conglomerate the Hurriyat Conference. It is the different matter that the Hurriyat leaders, probably in the absence of any clear directives from Pakistan, did not avail of the offer and insisted on going to Pakistan first before engaging themselves into a dialogue with New Delhi. The Hurriyat leaders want to talk with the separatist leaders in Pak and PoK and also with the terrorist groups before formulating their strategies. From the fact on the ground, the real purpose, however, appears that they want to meet with their Pak masters to define their strategy on the stand they should take during the talk. Such perception of their intend comes of the fact that none of the Hurriyat leaders does have any clout over the separatist leaders across or any terrorist group.

There is overwhelming desire on both sides of border for the resolution of Kashmir issue at the earliest. The response that the Pakistani businessmen are getting for their products in the ongoing International Trade Fair in New Delhi will certainly help in building a pressure group within Pakistan for early rapprochement. Some forward movement, both at diplomatic and non-diplomatic level, is visible. However, the final resolution of the Kashmir problem is not possible unless Pakistan gives up insistence of a solution on the basis of the principle on which the nation was created i.e division by religion. For India, Kashmir issue is more of a territorial nature created by Pakistan. For Pakistan, on the contrary, Kashmir issue is at the very core of its conception. Such divergent perception about the status of Kashmir will certainly come in the way when the issue comes for discussion. It would certainly be difficult for India to give any concession to Pakistan based on religious consideration. If it does so, it will be seen as a sign of acquiescing to the principle of division by religion'.

Some proposals for the solution of Kashmir dispute were presented by Pakistani delegates at the Hindustan Times Leadership Initiative Conference on India and World (Nov 5-6) in New Delhi. While the MQM Chief Altaf Hussain suggested that LoC be accepted as the de facto border between India and Pakistan till a practicable option is found, the Tehriq-e-Insaf Chief Imran Khan proposed a Swiss model democracy as a viable solution. All these options, no doubt, are open for discussion and so is the proposal made by Gen Parvez Musharraf recently. There is no denying of the fact that Gen Parvez Musharraf has, of late, shown some flexibility in his stand vis-a-viz Kashmir, but his suggestion for drawing a new boundary in Kashmir is certainly unacceptable to India.

Pakistani Army may also be feared to be a spoil-sport in resolution of the vexed Kashmir issue. In all probability, the Pak Army may not allow the Government to make any major departure from a long held position. The Pakistani Army considers Kashmir its exclusive preserve. It may, therefore, be apprehended that it will never allow a Government, even headed by its Army Chief, to make any concession, particularly at a time when the pressure is mounting on Gen Musharraf to shed his uniform.

Adivasis want economic uplift, not religion

By Eduardo Faleiro

During the last session of Parliament a memorandum was submitted to the Prime Minister Dr Manmohan Singh listing some of the grievances of the Christian community. The memorandum calls for effective implementation of the Prime Minister's 15-point programme for the welfare of the Minorities.

The programme was launched by Indira Gandhi and has been endorsed by all successive Governments. There is a special cell in the Home Ministry to oversee the implementation of this programme though it has been quite ineffective in recent years.

Seven of the fifteen points deal with steps to prevent communal conflicts, for swift punishment to the culprits and for speedy and adequate relief to the victims of communal violence. Events in Gujarat and elsewhere have shown that scant attention is often paid to the observance of these directives.

The 15-Point Programme stipulates that special consideration should be given to recruitment of minorities in areas where they are grossly underrepresented such as the Police forces.

"In such recruitment," it says, "as well as in the Railways, nationalized and the public sector enterprises, the concerned departments should ensure that adequate consideration is given to the recruitment of the minorities." Other clauses provide that in Recruitment Boards and indeed in all Government committees, members from the minorities should participate and be actively involved.

The Memorandum highlights the failure of the Union Government to extend to Christians of Scheduled Caste origin the legal protection and constitutional benefits available to Dalits professing other religions. Mahatma Gandhi and Dr B R Ambedkar had often pointed out that change of religion does not bring about any change in the social status of the weaker sections. They continue to suffer the same social and economic disabilities.

The Supreme Court held in the Mandal Case "Untouchability is a humiliating and shameful malady caused by deep-rooted prejudice which does not disappear with the change of faith... Living in abject poverty and squalor, engaged in demeaning occupations to keep body and soul together, and bereft of sanitation, medical aid and other facilities, these unfortunate classes of citizens bearing the badges of historical discrimination and naked exploitation are generally traceable in the midst of the lowest of the low classes euphemistically described as Harijans and in fact treated as untouchables. To deny them the constitutional protection of reservation solely by reason of change of faith or religion is to endanger the very concept of secularism" (Indira Sawhney vs. Union of India).

The National Minorities Commission acknowledged this reality in its Annual Report for the year 1997-1998 and recommended that "The Constitution (Scheduled Castes) Order 1950 should be amended so as to omit altogether the proviso that a person belonging to a particular religion cannot be regarded as member of a Scheduled Caste and so that the unconstitutional nexus between caste and religion is eliminated."

On 11th March 1996 then Social Welfare Minister Sitaram Kesri submitted to the Lok Sabha the Constitution (Scheduled Castes) Order Amendment Bill 1996.

It's statement of Objects and Reasons reads as follows:

"Converts to the Christian religion who are of Scheduled Caste origin are precluded from the statutory benefits and safeguards accruing to the members of the Scheduled Castes. Demands have been made from time to time for extending these benefits and safeguards to Christians of Scheduled Caste origin by granting them recognition as Scheduled castes on the ground that the change of religion has not altered their social and economic condition. Upon due consideration of these demands it is proposed to amend the relevant Constitution (Scheduled Castes) Order to include the Christian converts of Scheduled Caste among the Scheduled Castes therein."

The Bill could not be introduced in Parliament due to dissolution of the 10th Lok Sabha. The present Government should now re-introduce this legislation and get it approved as a Constitution Amendment.

Another matter of concern to the Christian Community is the question of amendment of their Personal Laws. Some of these laws such as those relating to adoption and succession have become obsolete and need to be updated so that they are in tune with the value systems of the present times.

During a debate in Parliament in December 1999 the then Government had assured "with personal laws we do not really want to interfere. We will leave it to the community but if the community wants it we would only be too happy to carry the necessary amendments."

There should be no difficulty in carrying the amendments to the Christian Personal law which have already been proposed to the Law Ministry by the representative Christian organisations.

The Memorandum to the Prime Minister was endorsed by members of the Parliament belonging to different religious denominations. Whilst subscribing to it some mentioned privately that they were doing so because the demands were just and fair but expressed misgivings about reported conversions being carried out by missionaries in some parts of the country.

Religious freedom and the right to propagate religion are enshrined in the Constitution but they cannot be misused by inducing others to change their own faith. Any inducement through material benefits or misrepresentation of facts is admittedly illegal and unethical.

I was recently in the Mayurbanj district Orissa where Rev. Graham Staines and his two sons were killed some years ago. During my stay in the district I found that both Christians and Hindus missionaries were propagating their respective faiths.

The Adivasis have their own tribal religion and an ethical code to which they adhere rather strictly and this could, in many ways, be emulated by followers of other religions. What the adivasis need is not more religion but alleviation of their abject poverty, education, health care and infrastructure in terms of water supply, roads electricity etc.

Practically the entire tribal population suffers from malnutrition and such diseases as malaria, TB, scabies and anaemia are rampant.

In the Lavanyadeipur villages, where I spent a few days, I met about 100 children of school going age but only 2 were actually going to school. Bonded labour prevails and children as well as adults are victims of this noxious practice. Drinking water is often obtained from ponds which are used for bathing of cattle and humans. The Health Sub-Centre has neither doors nor windows and needless to say no doctor, nurse nor any medicines.

The plight of the tribals in Mayurbanj is similar to the condition of the tribal population in several other parts of the country and to provide them minimum living standards is a gigantic task. It cannot be left to non governmental agencies including missionary organisations.

However lofty their intentions they will be always open to accusations and suspected of ulterior motives. The paramount responsibilities rests on the Government to formulate and implement with a sense of urgency, livelihood strategies for the tribal and other weaker sections of our society.

The present Union Government has pledged to do so in its Common Minimum Programme but ultimately implementation will depend on the zeal and commitment of the State Governments themselves. (Syndicate Features)