The
dowager empress in search of survival
politics
By Kedar
Nath Pandey
Adversity,
like necessity, is the mother of
invention. Perhaps chastened by recent
Assembly poll defeats, the Congress looks
to have arrived at an ingenious way to
skirt the contentious issue of Ms. Sonia
Gandhi’s leadership of a possible
national alliance. At a press conference,
the lady herself said that her prime
ministerial candidacy was for "the
people to decide". She also denied
her leadership had ever been
‘imposed’ on would-be allies.
But the denial had a caveat: Her
organisation would choose its leader just
as other parties did theirs, and the
latter could not "interfere" in
its selection process.
If Ms.
Gandhi jogged her memory, she would
recall that the Shimla conclave’s
stand contradicts the assertion about her
stewardship never having been foisted on
others: The Congress had, in fact, made
its aggressive Sonia-as-PM posture a
virtual fait accompli for potential
partners. More, inflexibility on the
issue has so long put a spanner in the
works of alliance-building. Nonetheless,
Ms. Gandhi’s resort to equivocation
was such that the media interpreted it as
a shift in stand even though she had not
actually set aside her claim to the top
job.
Spokesperson
S. Jaipal Redy’s subsequent
clarification made this plain: He said
the leader of the largest party in a
non-NDA coalition was entitled to the
prime ministership. The Congress has,
however, come a long way from Panchmarhi,
where allies were seen as acceptable only
when expedient. Conclaves at Bangalore
and Shimla reflected growing realism on
the need for tie-ups. But at no stage did
the Congress cede ground on Ms.
Gandhi’s shadow prime ministership.
Electoral misfortunes have forced a
realisation that should have come long
ago: Going it alone is a delusory
exercise in the coalition era. Similar
rethink has not occurred on the fact no
party, no matter how big, can expect to
win friends by dictating terms.
Whether
the Congress’s comedown on alliances
will work remains to be seen. It has till
now given no evidence of genuine
willingness to embrace the competitive
jostling that goes along with managing a
coalition. It assumes its primacy as a
given, despite the bitter experience of
1999. Not surprisingly, its renewed call
for a "secular front" has not
cut much ice. The Samajwadi Party points
to its penchant for talking down to
smaller parties. And the SP’s
support has a rider – it will not
rub shoulders with the BSP. It is not
clear yet if the BSP itself is amenable
to a pre-poll tie-up, and its post-poll
inclusion may keep the SP out.
Even the
CPI (M) and the CPI are citing
adversarial relations at the State level
and the Congress’s economic policies
as impediments. Some Left leaders also
rule out a "secular" front,
saying many secular forces are NDA
partners and others thought to be secular
are, supposedly, the BJP’s closet
backers. Clearly, the Opposition is not
united, and the ideological glue of
secularism has worn too thin to work.
More, post-Assembly poll, the Congress is
no longer seen as speaking from a
position of strength. While the RJD, the
Left and a potential ally in the DMK seem
comfortable with Ms. Gandhi’s prime
ministerial ambitions, her foreign origin
remains a sticking point. The NCP may
have softened its stand but, given its
ideological raison d’etre, the
concession may not apply to the future.
In this context, 10 Janpath will not be
pleased senior leader C.K. Jaffer Sharief
blames the failure to win allies on
intransigence on the issue of Ms.
Gandhi’s leadership. If her own
party men can echo the sentiments of
parties like the SP and the NCP, the
grand alliance Ms. Gandhi seeks may prove
a tall order – and the prospect of
her heading it even more so.
There is
utter confusion, demoralisation and
bewilderment in the Congress with the
party workers clueless as to what is
going on at the top. This is when the
party still recovering from the shock of
debacle in the Assembly elections in
three out of the four states. Take, for
instance, the drama when the Congress
Working Committee (CWC) members as well
as office-bearers decided to put in their
papers. This was apparently to strengthen
the hands of the Congress president, Ms.
Sonia Gandhi.
Since the
days of the Kamraj plan, such drama was
enacted only when the high command wanted
it. This time, it was a small group of
office-bearers including Ms. Ambika Soni,
Mr. Kamal Nath, Mr. Mukul Wasnik and Mr.
Motilal Vora, who submitted their
resignations. However, it ended in fiasco
when other senior leaders like Mr. Pranab
Mukherjee, Mr. Natwar Singh and Mr. Arjun
Singh checked with 10- Janpath whether
there were instructions for their
resignation. Ms. Sonia Gandhi must have
got cold feet and asked the party
spokesperson to clarify that the
resignations were rejected. At the same
time, she asked them to continue until
she decides on the reorganisation.
Why is the
Congress so demoralised after the recent
Assembly elections? After all, everyone
knows that winning and losing is part of
the political game. The BJP had lost all
Assembly elections in these past four
years except Goa and Gujarat. The
Congress was ruling in all the three
states and anti-incumbency has always
remained a factor in elections. So,
instead of taking things in its stride,
the party is now looking for scapegoats
and trying to find reasons for its
failure. The Congress has done such
soul-searching after every electoral
defeat but corrective measures had not
been taken more often.
It is
wrong to presume that things would
improve by merely changing the face of
the working committee or the
office-bearers. After all, Ms. Sonia
Gandhi cannot find new people. She has to
manage with available leaders, most of
whom had been tested and tried. If she
retains the coterie, it would send the
wrong signal. If she sacks its leading
acolytes, then she would not have her own
trusted aides.
The
question of reorganisation apart, the
Congress has to sort out several other
ticklish issues urgently. Ms. Sonia
Gandhi has to address the problem of
dissidence first and foremost. There is
rebellion in Punjab. Former Chief
Minister Rajinder Kaur Bhattal is leading
the rebellion against Chief Minister
Amarinder Singh. The Punjab Congress
Legislature Party is vertically divided.
Ms. Bhattal has the support of the Akalis
who are annoyed with the Chief Minister
for pursuing politics of vendetta against
Mr. Parkash Singh Badal. The BJP too is
fishing in troubled waters. Ms. Bhattal
has just three or four more days to split
the party and form a Government if
Captain Amarinder Singh is not removed.
By next week the Anti-Defection Bill,
which was passed by Parliament, will get
President’s assent and become a law.
Similarly,
the Kerala Congress is also in a crisis.
Former Chief Minister K. Karunakaran is
on the warpath and insists on removing
Chief Minister A.K. Antony. Mr.
Karunakaran’s potential to create
mischief is very high and he too has to
decide before the anti-defection bill
becomes law. The CPI (M) is quite willing
to topple the Antony Government and the
BJP at the Centre too would like this to
happen.
Then come
the recent developments in Tamil Nadu.
The DMK has pulled out its ministers and
has decided to give issue-based support
to the NDA. This is the first step
towards severing ties with the NDA. With
the DMK and the Congress winking at each
other, it will be sooner rather than
later that the two would go for electoral
alliance. The Congress is zero in Tamil
Nadu and would like to ride piggyback on
the DMK. The PMK and the MDMK are also
reviewing the political situation in the
State.
Andhra
Pradesh is another important State and
the fight is between the ruling TDP and
the Congress. If things are handled well,
the Congress can perform better. The
Telengana issue will play a crucial role
in the elections and the Congress TRS
(Telengana Rashtra Samithi) tie-up will
help the Congress get a major share of
107 seats in the region. Ms. Sonia Gandhi
has to have credible leaders to handle
the campaign committee.
The most
important thing is to decide about the
alliance in Uttar Pradesh. The Congress
is in the fourth position. The two
national parties, the Congress and the
BJP, have become more or less irrelevant
in the State while the Samajwadi Party
and the Bahujan Samaj Party have become
more important. The Congress has to align
with either of the two parties to get to
a respectable number of seats. Recent
reports of a patch-up between Mr. Kalyan
Singh and Mr. Vajpayee also needs to be
taken note of. The BJP can hope to do
better with Mr. Kalyan Singh back in its
fold.
Maharashtra
is another headache. After the
resignation of the NCP leader and Deputy
Chief Minister Chhagan Bhujbal, things
have become hot. NCP chief Sharad Pawar
wants to stick to his earlier ultimatum
that the Congress should decide on the
pre-poll alliance soon. Ms. Sonia Gandhi
is not very enthusiastic about it and
once the two parties go on their own, it
is not going to be easy for either of
them to do well in the Lok Sabha polls.
Ms. Sonia
Gandhi has too many things to resolve
with great urgency; it does not help that
she also faces the pressure of several
ultimatums. She is a little weak after
the defeat in the Assembly elections but
at the same time she continues to be the
unchallenged leader. She has to make use
of this advantage and sort things out in
various states, which need urgent
decision. The new face of the Congress
organisation should instil confidence
among the workers. Only then can she go
with a strategy for the Lok Sabha
elections. The BJP has stolen a march by
strategising its poll campaign in
advance. Ms. Gandhi faces a big challenge
in the form of the Lok Sabha elections.
The Congress has been out in the cold for
more than seven years, the longest in its
history. Winning the next elections is
therefore very crucial for the survival
of the party. INAV
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Kashmir
2004
TALES OF TRAVESTY
By Dr.
Jitendra Singh
With the
PDP-Congress led coalition Government
having successfully completed one year in
office and with the National Conference
having atlast reluctantly reconciled to
continue being in the Opposition, will
2004 witness a better conducted democracy
and a more stable governance in Jammu and
Kashmir? That is one question related to
rapidly evolving political scene in the
State. The other question is whether 2004
will be able to improve upon the tourist
record of 2003 when after over a decade
the Kashmir Valley once again played host
to visitors from across the country and
abroad?
2004
begins on an optimistic note with the
Hurriyat leaders preparing to hold a
dialogue with Deputy Prime Minister
around the middle of January. Even as
this augurs well for a wider democratic
participation, the development is already
causing ripples among different political
parties and groups which is an indication
that something significant may be brewing
for the months to come. Interestingly,
while the Mufti and Mehbooba led Peoples
Democratic Party (PDP) had been
advocating a dialogue with the Hurriyat
even before the 2002 Assembly Elections,
the National Conference (NC) which was
earlier the most vociferous opponent of
any such dialogue now suddenly turns the
most vociferous advocate of a dialogue
with all the Hurriyat leaders including
the disgruntled Geelani.
The
outcome of recently held Assembly
elections in some States has boosted the
confidence of the Vajpayee Govt to take
decisive initiatives in relation to
Kashmir. At the same time, groups led by
Sajad Lone and Shabeer Shah in addition
to the Ansari-led Hurriyat are also
toying with the idea of entering the
fray. The Lok Sabha elections expected to
be held around early or middle 2004 may
have a bearing on the political scene in
Jammu and Kashmir. Thus 2004 may witness
emergence of new political forces and new
political aspirants much to the
discomfiture of existing
aspirants-in-waiting like the National
Confernece.
2004 dawns
with a worldwide sentiment against
terrorism anywhere in any form and as the
people in neighbouring Pakistan too get
wary of ISI's as also Musharraf's
self-defeating support to cross-border
violence, the common people of Kashmir
particularly the youngsters, who have
been deprived too long of the enormous
hi-tech dividends benefitting the rest of
the country, may look forward to usher in
an era of progress, prosperity and peace.
Militancy
is a self-limiting affair which often
culminates devouring its own
perpetrators. 2004 may mark this
providential self-limiting culmination.
But, what after that? This is what
bothers the common man who expects a lot
much of sagacity and seriousness from the
rulers-that-be. Umapathy implores
in the voice of Parveen Shakir "Woh
Jo Pamal-e-Zamaan Hain, Mere
Takht-Nasheen Dekh To ---- Kaisi Hasrat
Se Tujhko Dekhte Hain!"
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The
deficit in fiscal discipline
By Sisir Basu
Is reducing fiscal
deficit and measuring it as a proportion of gross
domestic product, or State domestic product, a
reliable and sufficient indicator of fiscal
consolidation? Or, should the proceeds from
disinvestment be treated as receipts and used to
reduce fiscal deficit? Or, is there scope for
augmenting resource mobilisation from taxation at
the central level in the context of the trade
liberalisation?
One of the
emerging views is that the emphasis on fiscal
deficit reduction without paying attention to its
quality has led to the Centre and the States
resorting to the softer option of cutting
productive capital and necessary maintenance and
social sector expenditure. Such a practice is
feared to have adverse consequences on equitable
growth and impede the process of relieving the
economy of structural constraints on growth.
With the Finance
Commissions distributing grants-in-aid based on
non-Plan revenue gap, there developed a tendency
among the States to incur expenditure in excess
of revenue and resort to borrowing. This was on
the expectation that the resulting burden of
committed expenditure and revenue gap would lead
to higher devolution of grants-in-aid. However,
in this process, States with no revenue deficit
did not receive any grants-in-aid.
In the event,
there was rethinking that called for normative
criteria, namely, what a State should practice
instead of what it actually practices given its
resource base. This started with the Ninth
Finance Commission and the inclusion of
indicators for fiscal consolidation began with
the Eleventh Finance Commission.
Though the Finance
Commission’s role in the traditional area of
grant devolution is limited to only non-Plan
grants, it has now been assigned as a facilitator
of fiscal reforms at the State level. Fiscal
deficit, as officially defined by the Centre, is
the difference between aggregate disbursements,
excluding debt repayments, and aggregate receipts
net of debt receipts.
But, the most
palpable defect of this indicator is that fiscal
deficit can be contained even while incurring
more revenue deficit and by having a surplus in
the capital account. In other words, overspending
for current expenditure through borrowings at the
cost of cutting down productive investment can
lead to a smaller fiscal deficit and this has
been happening in the country throughout the
1990s. These apart, there have been problems
relating to definitional changes in fiscal
deficit that make the comparison over time of the
ratio of fiscal deficit-to-GDP difficult.
For instance,
borrowings from small-savings have not reflected
in the Centre’s fiscal deficit since
1999-2000, which makes the official fiscal
deficit-to-GDP ratio incomparable with those of
the previous years.
The question is
should the method of reducing fiscal deficit by
treating disinvestment proceeds be treated as
receipts. As a matter of fact, economist Mr.
Gulati (1994) had visualised an extreme situation
of government selling off equity in public sector
undertakings, but not utilising it for new public
investments.
In this case, the
funds raised by the government go to finance the
current expenditure and it should actually be
treated as raising the fiscal deficit rather than
reducing it. The argument that higher borrowing
by the government as a result of fiscal deficit
crowds out the available funds for private
investment and also raises the interest rate does
not hold in the prevailing economic situation.
In a state of
deficient private demand and low credit off-take,
non-availability of funds for private investment
does not occur as there is excess liquidity in
the system, which is evidenced by banks investing
in government securities over and above the
statutory requirements. Also, in a situation of
excess liquidity and when interest rates are
partly administered, a rise in interest rates as
a direct consequence of government borrowings is
not likely.
Besides, empirical
results on the relation between interest rates
and private investment, although expected to be
strong, are mixed in Indian as well as
international contexts.
Another strong
determinant – private consumer demand –
has been falling in the latter half of the 1990s.
Above all, government spending as a factor
sustaining economic growth cannot be ignored. The
scope for reducing revenue deficit, another major
indicator, is limited and can fall on expenditure
on maintenance of capital assets and, at times,
social sector expenditure also.
Yet, reduction of
revenue deficit is desirable if it is based on
cutting of high-cost debt through debt relief (a
matter already taken cognisance of by the Tenth
and Eleventh Finance Commissions), roll-over of
high-cost debt by converting into new low
interest-bearing loans, setting a target for
salaries and wage bill and effecting any increase
in salaries by the Centre having a bearing on
States only in consultation with the States. In
the circumstances, it would be advisable to
incorporate the concept of "quality of
fiscal discipline" for improvement of the
fiscal health.
This is sought to
be achieved not by reduction of productive
capital expenditure, especially in non-tradable
infrastructure investment, but by more revenue
mobilisation through widening of the tax base,
maintenance of social sector expenditure but with
levy of user charges from those with the ability
to pay and progressive reduction of non-merit
subsidies.
On the scope for
augmenting resource mobilisation from direct and
indirect taxes at the Central level, emphasis
should be laid on integrating services and
manufacturing into a single Central Value Added
Tax (Cenvat) and on reforms in direct taxes. The
second-generation tax reform should focus on
states’ tax administration and inter-state
coordination prior to moving on to a state-level
value added tax.
There is also need
for a constitutional amendment to place service
taxation in the Concurrent List and enable the
states to tax more services. The direct taxation
and commodity and service taxation require
streamlining as the earlier practice of reliance
on Customs duty as a major source of revenue may
not be possible in the future due to the
liberalisation of trade. INAV
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Saving
India's threatened wildlife
By G L Khajuria
We deserve no
right to live over this globe if we don't bear
sympathy in mind for a variety of animal life
that surround us. And, definitely God will be
unhappy at our wanton destruction of this
wildlife which He Himself loved and sympathized
with. With this may be added what Mr Nehru once
remarked,'' I wonder sometimes what these animals
and birds think of man and how would they
describe him if they had the capacity to do so. I
rather doubt if their description would be very
complimentary to man. In spite of our culture and
civilization, in many ways, man continues to be
not only wild but more dangerous than any of the
so called animals.''
Wildlife, like our
magnificent forests, is a rich national heritage
but we feel sad that this natural asset is going
to be driven to the verge of extinction by its
continuous decimation by man. History tells us
that at one time, man was able to see the
wildlife roaming about, just standing at the
door, birds were legion and fish was in plenty in
every stream and lake, but the case is otherwise
today.
History makes
clarion call that our religion, custom and
traditions were intimately associated with
variety of form of animal life. But with the
passage of time and other conditions, things went
on changing from bad to worse. With the advent of
the world wars, new type of guns were manufactued
and the hunters took their use otherwise. The
early British officers were too much interested
in hunting and they caused great havoc. Add to it
was the merciless treatment extended by princes
of India, who, in their interest killed a large
number of lions, tigers and leopards. Then came
the grow ''grow more food campaign'' which
resulted in the indiscriminate felling of forest
trees for agricultural land and sweeping away the
wildlife therein mercilessly at greater pace. The
Government itself was little aware and less
interested in preserving wildlife and instead, it
issued extensively the licenses for destroying
all animals that looked harmful.
As a result of
this merciless and wanton destruction of wild
animals, number went on reducing and at preset
the species are classified as rare, threatened
and extinct. Rare being those which were never
but due to destructive means have been reduced to
few, threatened are those which are continuously
subject to threat while extinct being those which
were abundant one but have become reduced to
zero.
What, then, are
the causes of the reduction in the number of wild
animals? And how the so threatened species can be
safe guarded ? Today, almost all nations of the
world are worried about the protection of
threatened species. Before going to know as what
measures should be undertaken to safeguard
wildlife, it is worthwhile to note the causes
which have resulted in its extinction. Of the
numerous causes the first is the habitat change.
The developments
of the roads, issue of fire arms, industrial
installation in the areas close to forests, have
in one way or the other depleted the beautiful
wild animals. With change in the physical
condition and intrusion of human beings into wild
areas, the animals are forced out of the natural
habitat and are killed. Industrialization
pollutes both the soil as well as the air,
resulting in killing of vast nmbers of animals,
and fish. Dam on the Ramganga, in the Jim Corbett
National Park, Tungbhadra Dam in Andhra Pradesh
and Moyara Project in the Nilgiri are the major
examples of habitat destruction. Then comes the
unlimited hunting, poaching, trapping and
shooting of most animals and birds. The desire
for rarities causes such persistent pursuit,
usually without realization of the destruction
this brought, that it differs enough from
ordinary hunting. Again there had been plumage,
fur and other products. And so of recent, for
pleasure of game hunt by the cine-star. ''Salman
Khan'' who awarded punitive action for heinous
crime and violating wildlife stringent laws.''
In the third
place, Natural extinct, which is also named as
''biological eclipse' is also responsible for
wildlife extinction. But it is law of nature
which applies everywhere. Extension threshold is
allied to renewability, namely the power of a
species to re-establish itself from near
zero-abundance. When the extinction threshold is
reduced to lower degrees then gradual decline in
the wild animals takes place and this had been
the causes of extinction of wildlife. There are
many more to be named which were in one way or
the other responsible for the extinction of
wildlife e.g use of pesticides (DDT) in the
agricultural lands, claring forest lands,
disturbance of the balance of nature by man by
taking away certain animals (food of other
animals). Unrecognized control and grazing which
resulted in a tragic happening in 1968 in
Mudumalai and Bandipur sanctuaries where a large
population of gaur was killed off-by render-pest
diseases.
As a result of the
factors enumerated above many species became
extinct and many more are subject to threat. Too
much has been talked about saving the Asiatic
lion (Panthera despesica). This Sher babar
which inhabits open tracts was abundant in our
country, but it is said that today its number is
reduced to 170, confined to 'Gir Forest' in
Gujarat.
During the past
few decades in the Gir Forest itself the
sanctuary area has shrunk from 5180 km to 1295
km. Where has all the land gone? It has been
devoured by men, his houses, factories and
plantations, with the poor lion pushed to a
corner fending (providing) for himself. The
cheetah (Actiononyse jubatus) or the hunting
leopard has disappeared from our country which
was once plentiful in the Deccan, where its
principal food was the black-buck, chinkara, and
four-borned antelope. Its food was subjected to
destruction with the result it itself
disappeared. The great Indian rhinoceros (R
Unicornis) which once existed throughout the
Indo-gangetic plain, almost upto Peshawar, today
it is confined to small areas like Assam (150),
Bengal (50). Same is the case with other animals
viz, the Kashmir stag (Cervus hanglu), the Indian
wild ass, the thamin deer (Panokia eldiedi), the
muskdeer (Moschus moschieferns, the pigmy hog
(Porncula Sylvania), the snow-leopard (Uncies
uncies), the clouded leopard (Neafelis nebulosa)
the great Indian Bustard (Charioties nigriops),
the white winged duck (Asa cornis scutulatus),
and pink headed duck (Rhodonessa caryophyllacea),
etc. These species were at time abundant but
today they are threatened with extinction.
How threatened
species can be safe-guarded? There is no cut and
dry formula to safeguard these species. Of the
various steps which can be undertaken, first is
the control of such activities which have led,
and are still leading to the extinction of the
species. These include as mentioned earlier,
habitat change, poaching, killing, hunting,
grazing, use of pesticide and industrialization
etc. Then other steps can be undertaken and of
these first comes the declaring of as many areas
under Wildlife Sanctuaries, National parks,
zoological gardens as possible. Our national
Parks, Zoological Gardens, offer potent
possibilities for the rescue of species
threatened with extinction. ''A national park is
an area of adequate natural, biological interest,
designated and created by legislation as such to
be preserved in perpetuity as a material
heritage''. While the status of a wildlife
sanctuary is not as high as that of national
parks.
Wanton destruction
of wildlife should be completely kept under
control. The Wildlife Protection Act of 1972 and
others Acts as Elephant Preservation act and
Rhinoceros Protection act framed by various
states are good steps. Project Tiger in April,
1973 was an important recognition of tiger which
was then threatened with extinction. Like wise,
recently (October 1976) a three year project,
aimed for protecting the elephant population and
conserving their natural haunts, has been
launched jointly by the World Wildlife Fund (WWF)
and the International Union for the conservation
of Nature, and Natural Resources (IUCN). The
project has been taken separately in Asia and
Europe under the overall guidance of Dr Lain
Douglas Hamilton. Likewise strict laws,
regulation and Acts should be enforced for the
preservation of species and serious punishments
and fines should be prescribed for those who
contravene such rules and regulations.
Another way, by
which species can be safeguarded lies in that the
exports of animals or their parts should be
completely controlled over. Export of deer horn
for button, cutlery handle and fancy articles,
export of ergat feathers, neck hacklers of grey
jungle fowls, peacock feathers, pleasant feathers
and the export of live mammals and reptile skins.
Strict rules and Acts such as Government of India
Sec 19 of Sea and Custom acts of 1878 should be
made. This Act gives protection to so many
animals, birds, reptiles etc. and the
introduction of such Acts can help to a greater
extent in safeguarding the threatened species
from extinction. But it is sad that the export of
valuable species and their products still
continues for which a vigilant supervision is
needed. According to recent report, custom
authorities at Palam Pir Port seized Rs Fifty
lakhs worth of Tiger, Leopard, snake and other
skins which were being exported illegally.
The paramount need
for the preservation of the threatened species
lies in the systematic ecological studies,
population surveys, mortality and breeding datas,
predator prey relationship in order to ascertain
their real conditions. The improvement of game
habitat is one of the most important measures if
we are to succeed in our handling of the problem
of dynamic manipulation. Again, appointments of
various committees and commissions to review the
progress made and at the same time give broad
outline of steps of be undertaken for the
protection and safeguarding species are
necessary.
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Should
there be death penalty for rapists?
By Raavi Birbal
The rape of a
Swiss diplomat this year has sparked off yet
another debate on the crime. In November last
year, the rape of a Maulana Azad Medical College
student in broad daylight focused attention on
how unsafe Delhi had become for women. A public
furore broke out and Deputy Prime Minister L K
Advani declared that convicted rapists should be
given death sentence. In popular perception,
death for rapists seems to be the most fitting
punishment. Only extreme measures can serve as an
effective deterrent, goes the argument.
The existing
punishment under section 376 of the Indian Penal
Code is a maximum of 10 years in jail. Even the
National Commission of Women - which has asked
for nine areas of review in legislation governing
rape - recommends the death penalty for persons
convicted of rape.
However, most
activists feel the court ought to have the power
and jurisdiction to impose the appropriate
penalty in case of a heinous crime like rape
which can even be capital punishment. The
punishment should not be restricted to jail in
case of rape, which is a crime not only against
an individual or a family, or just against
womanhood, but against the society at large.
The existing law
gives the upper limit of punishment irrespective
of aggravating facts as may be there in a case.
The existing law nullifies the doctrine of rarest
of rare cases as is in the case of murder.
There is no other
crime in the world where in most cases the victim
tries to commit suicide. Only in the case of
rape, the victim is forced by circumstances to
kill herself and the accused lives his full life.
The issue is not
that in every case of rape death penalty be
where. The issue is, whether in a case there the
court has held that it is proved beyond any doubt
that, it is a case of pre-planned crime on an
innocent girl, court is not competent to grant
the punishment of death, even if the court is
convinced, the same is necessary to do complete
justice.
It is easy to
contend that murder is the most serious crimes of
all, even more than rape. But then we are
ignoring that in case of murder the victim does
not face the trauma for life. On the other hand,
victim of rape has to face the trauma each day of
his life and may be she gets to see the accused
some day or each day in the locality or the city.
Some may suggest
that castration is a better solution and not
death penalty but they do not keep the factor of
suicide by the victim of rape. They talk of
punishment which has been rejected time and again
by various countries. Mahila Courts have been
created by the Act. But why a hypocrisy in
legislation. In a Mahila Court, there is lady
judge, lady prosecutor, lady constable and the
lady staff, but unfortunately the Mahila Court is
not competent to do complete justice by imposing
the penalty of death even if the court is
convinced that the demand of the justice is death
penalty in view of the provided fact.
If in various
countries there can be death punishment for rape
then why not in India where woman is given the
status of Durga Laxmi, Saraswati.
The debate and the
ratio of the Constitution Bench of the apex court
in Bachan Singh case of 1980 can be applied more
stringently in the case of proved rape which is
against the society as a whole.
By imposing the
greatest punishment that any legal system can
impose on a criminal, it should be made clear
that rapist can expect no mercy and no tolerance
from our society.
For years women's
groups have demanded the laws on rape be
modernised. But so far law makers have ignored
them. Many incidents of rape in villages and
small towns are largely ignored.
But recently there
has been widespread outrage at some daring
incidents of rape, including one in a Mumbai
suburban train and on the campus of Delhi
University.
Last year, after
the rape of a medical student in Delhi, a leading
daily conducted a survey in the national capital,
where 72 per cent of women said they had been
sexually harassed; 18 per cent said they face
harassment nearly every day; 16 per cent said
that they had been sexually molested; Nearly 70
per cent said not enough was being done by the
Delhi police; 43 per cent thought rapists should
be castrated while 71 per cent wanted death
penalty for rapists.
In India, a
significant proportion of rapes are committed by
those who are socially advantaged against those
who can't fight back. The victims tend to be
women from backward classes and other poor women
who have no alternative but to tolerate the
assault. It is not uncommon for landlords, when
they torch a poor village, to kill the men and
rape the women. Clearly, as far as the
perpetrators are concerned, murder and rape are
on par; the only difference is that by raping the
woman you derive some perverse benefit from your
crime.Whereas in the West, society is generally
sympathetic towards victims of rape, in India we
tend to treat perpetrator and victim on par. From
the police to courts to the neighbours, the
attitude is roughly the same: even if she didn't
ask for it, she is now damaged goods, too dirty
to take her place in decent society. Small wonder
then that even middle class women who could
easily go to the police prefer to keep quiet.What
is sad about rape in India is the lack of
seriousness with which the crime is often
treated.
(PTI
Feature)
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