EDITORIAL
Law and religion
The arrest of Kanchi
Shankaracharya Jayendra Saraswati for allegedly
masterminding the murder of a former aide has once again
revived the age-old debate on law and religion. One
question that is often asked in multi-religious countries
like ours is: how far should the arm of the law go in
tackling real and perceived criminals among religious
authorities and institutions. In the present case, for
instance, Hindu outfits are up in arms not only in this
country but also in the adjoining Nepal. They are
convinced that the Shankaracharya, one of the highest
priests of the religion, has been made a victim of
politics: the manner of his arrest, of course, has upset
even atheists. How can such thinking nevertheless absolve
the Shankaracharya of serious charges he faces at this
juncture and........more
Right approach
Trust National Security
Adviser J.N. Dixit for calling a spade a spade. Having
the well-earned reputation of pugnaciously arguing his
case he has echoed the anguish of many over the flip-flop
approach...more
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News
Analysis
Spotlights on Kashmir valley alone
Why little
importance
to Jammu, Ladakh?By B L Kak
An emotion when once
aroused tends to persist and leaves behind an emotional
mood which can, in the initial stage, lead to the subdued
expression of discontent. The phase of this type of
discontent is already over in the
all-important...........more
Trusted
Advani
to
revive party
By Atul Cowshish
The rather abrupt manner
in which Lal Krishan Advani was appointed as president of
the Bharatiya Janata Party-for the fifth time-- in place
of his protégé, Venkaiah.....more
Politicks
of a Swami's
discomfiture
Dr. R. L. Bhat
Law is, and should remain,
equal to be the universal cannon that modulates people's
behavior and pronounces a set......more
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EDITORIAL
Law and religion
The arrest of Kanchi
Shankaracharya Jayendra Saraswati for allegedly
masterminding the murder of a former aide has once again
revived the age-old debate on law and religion. One
question that is often asked in multi-religious countries
like ours is: how far should the arm of the law go in
tackling real and perceived criminals among religious
authorities and institutions. In the present case, for
instance, Hindu outfits are up in arms not only in this
country but also in the adjoining Nepal. They are
convinced that the Shankaracharya, one of the highest
priests of the religion, has been made a victim of
politics: the manner of his arrest, of course, has upset
even atheists. How can such thinking nevertheless absolve
the Shankaracharya of serious charges he faces at this
juncture and because of which he is presently lodged in a
jail? Why don't religious zealots realise that no useful
purpose would be served by beating about the bush when
the matter is listed before the judiciary? However, for
them these questions may be totally irrelevant. For them
he is a top religious leader, and they are not prepared
to listen to anything to the contrary. Incidentally the
police have claimed that had they not acted in time the
seer would have fled to Nepal. From all accounts it is a
serious development. It is extremely hard to believe that
the official machinery would have swung into action
against a Shankaracharya without being in command of the
credible information that could withstand the scrutiny of
the law and at the same time convince a credulous public.
In any event why should it be taken as a reflection
against Hinduism itself? If at all the devotees should
hope and pray that he is cleared of insinuations against
him at the earliest. It doesn't make much sense to seek
immunity on the ground of religion in these matters.
Ever since the eighties
when terrorism raised its ugly head in this country we
have seen sacred shrines being occupied by the
perpetrators of violence to carry out their evil designs.
Holy places have been grossly misused for issuing death
warrants. They have also come in handy for the militants
to take refuge to escape from the security forces and
store their arms in the safe belief that they would not
be touched. Who can deny that the highly-revered Golden
Temple and the Hazratbal mosque have been defiled during
this phase? It is a stark reality as well that it took
the security forces quite some time to overcome their
doubt of unfavourable public reaction in case of their
entry into the shrines to exorcise them of their evil.
Certainly the god-fearing citizens were quite
uncomfortable in the beginning. With the passage of time
they have reconciled that those defending the law have
the right to enter these places to get rid of
gun-wielding hoodlums. To their shock they have witnessed
the militants indulging in the murder of their rivals
during prayers in mosques. With this background in view
it is futile to expect the law-enforcing agencies to sit
back and watch the fun. They have to act as they have
done in some extremely difficult situations in Punjab and
this State.
Lest this should create
the impression that we are placing the Kanchi
Shankaracharya in the category of the Bhindranwales we
must assert that it is not at all our intention. We are
actually the admirers of the role he has at times played
to help restore balance in the country's social and
political life. It is simply that we are averse to
religious interference in the legal process. Law must
prevail over everything else.
Right approach
Trust National Security
Adviser J.N. Dixit for calling a spade a spade. Having
the well-earned reputation of pugnaciously arguing his
case he has echoed the anguish of many over the flip-flop
approach of a section of Hurriyat leaders towards the
dialogue. Not many are able to appreciate these leaders'
mulish insistence to go to Pakistan first and then hold
talks with the Central Government. This does not make any
sense. Actually it raises doubts whether they are
genuinely interested in negotiating for the sake of peace
and normalcy. As the man in charge at this moment Mr
Dixit has rightly condemned such a stance. Nobody
wielding his authority can and should defend a group that
should be prepared to talk to a foreign ambassador ---
the Pakistan High Commissioner in this instance --- and
not the Union Home Minister. His remark that it is a
'high-horse spirit' may appear to be strong but it is
quite appropriate in the prevailing circumstances. In
these columns we have often raised the question: what do
the Kashmiri leaders think they would achieve by
undertaking a trip to the neighbouring country? First of
all there is no unanimity among them about the course
they wish to adopt. Moreover, there is nothing common
between the majority of them and the influential section
of leadership in 'Azad' Kashmir, as the occupied
territory is known on the other side of the Line of
Control. In no event they would be allowed by Pakistan to
have a close look at Gilgit and other parts of the
Northern Areas belonging to the erstwhile undivided Jammu
and Kashmir: Pakistan directly administers this region
and has steadfastly declined to hand them over to 'Azad'
Kashmir Government. The ruling Muslim Conference, which
is one of the oldest political outfits in the
sub-continent, is committed in letter and spirit to work
for the merger of the entire State with Pakistan. In
power in Muzaffarabad today how can it provide any food
for thought (that in any case appears to be prerogative
of Pakistan President Pervez Musharraf to do so) to the
leaders from this part of the State notably the Valley as
they have varied perceptions in this behalf? Admittedly,
there is a pro-liberation sentiment across the LoC as
well but it can't be ignored that those representing it
are less inclined to accept the leadership of those
active in the Valley. In these circumstances Mr Dixit's
suggestion that 'let Pakistan talk to their own Kashmiris
and we will do the same' is a sound and logical route to
take.
In a noteworthy
observation Mr Dixit has reiterated that in the scenario
after Kargil the Government 'is clear that everything ---
all the issues --- will be part of an integrated
package'. Prime Minister Manmohan Singh, according to
him, has no misgivings on two counts --- 'that there can
be no territorial delineation and that there can be no
timeframe for such negotiations' as are being held with
Pakistan. Taken together all these assertions may seem to
be somewhat contradictory of each other but they have to
be examined in the context of the ongoing deliberations
between the two neighbouring countries in their search
for lasting solution. One wishes that the Hurriyat
leaders matched the current fervour of India and Pakistan
in establishing peace and normalcy in the sub-continent.
It is for the sake of their credibility that they should
take notice of Mr Dixit's blunt but sane suggestion to
resume talks without further delay.
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News
Analysis
Spotlights on
Kashmir valley alone
Why little importance to
Jammu, Ladakh?
By B L Kak
An emotion
when once aroused tends to persist and
leaves behind an emotional mood which
can, in the initial stage, lead to the
subdued expression of discontent. The
phase of this type of discontent is
already over in the all-important north
Indian State of Jammu and Kashmir. What
has now-a-days become the topic of hot
debate in the respective State is the
continuance of New Delhi's official
policy to attach more importance to the
Valley of Kashmir than to Jammu region
and Ladakh.
There is
no denying that the Muslim-dominated
Valley of Kashmir has been greatly
shattered in terms of loss of human lives
and economic losses since the outbreak of
insurgency and militancy towards the last
quarter of 1989. But it would be holding
the stick from a wrong end if the
powers-that-be in Delhi and Srinagar
chose little importance to the mounting
discontent and grievances of the
population in the Hindu-majority Jammu
region and Buddhist-majority Ladakh
province.
If the
Union Home Minister, Shivraj Patil, was
asked during his recent visit to Jammu as
to why Central leaders first set their
feet on the soil of Srinagar and then
stir out on a visit to Jammu, there was
obviously sufficient reason and
provocation behind a question of this
nature. Numerous, indeed, are the
instances to substantiate the grievance
or discontent or hurt feeling over New
Delhi's greater attention on the Valley
of Kashmir.
This kind
of approach and attitude, apart from the
far-from-effective handling of the
affairs in Jammu and Kashmir by New Delhi
for years together, only contributed to
the growth of regionalism in the troubled
State Muslim regionalism of the
Valley of Kashmir, Hindu regionalism in
Jammu and Buddhist regionalism in Ladakh.
Valley's sectarian regionalism is so
potent and combustible that pro-India
Muslim leaders and politicians appear
afraid of openly propagating or
justifying the relevance of the accession
of Kashmir to the Union of India.
Of all
these leaders and politicians, Farooq
Abdullah alone has had the courage and
conviction to uphold the State's
accession to India. Farooq Abdullah's
successor, Mufti Mohammed Sayeed, who in
his capacity as Chief Minister of
J&K, continues to be the esprit de
corps of the regional outfit, known as
People's Democratic Party (PDP). More
importantly, since the formation of the
PDP-led coalition Government in J&K
over two years ago, Mufti Sayeed has not
deemed it necessary to talk of, even
once, the State as "an integral
part" of the Union of India.
The
Congress party, though an important
constituent of the coalition Government
in J&K, has an unenviable task while
meeting the threat or challenge from
Muslim rebels and separatists,
particularly in the Valley. True, Mangat
Ram Sharma, senior Congress leader of
Jammu, is the Deputy Chief Minister. But
he is not a force to reckon with. Hence,
Kashmir's masses were not stirred at all
when, during Shivraj Patil's visit to
J&K between this November 6-8, Mangat
Ram Sharma publicly talked of Jammu and
Kashmir being "an integral
part" of the Union of India.
At a time
when advocates of 'militant Islam' and
lovers of Pakistan, particularly Syed Ali
Shah Geelani, wanted New Delhi to accept
that Kashmir "is a disputed
territory and not part of India",
Prime Minister, Manmohan Singh, went all
the way to the Hague to proclaim that
Jammu and Kashmir State "is an
integral part of India". This
statement did not set Kashmir's river
Jhelum on fire as, soon after his return
to the country, manmohan Singh played
'Kashmir card' by issuing instructions
for the reduction of troops in J&K.
The announcement was taken well by the
average Kashmiri in the Valley at a time
when the area reeled in the aftermath of
the "rape" of a Kashmiri woman
and her daughter by an Army official.
That the
Prime Minister had sensed disapproval by
large sections of Jammu and Ladakh
population of any demilitarisation
process in the troubled State was borne
out by his assertion: It is not an
irreversible withdrawal. We cannot afford
to relax our vigil. We are aware that
infiltration attempts from across the
border and the LoC continue and the
infrastructure of terrorism in the shape
of training camps and launching bases
remains intact". More importantly,
the decision to reduce deployment of
troops, Manmohan Singh made it plain,
would be kept under constant review.
Fine is
this. Finer and more encouraging and
rewarding, politically, will be
Government's re-structured approach and
attitude towards the people of Jammu and
Ladakh and their expectations and
requirements. Prime Minister, Manmohan
Singh, and the Government he heads at
present will have to realise and admit
that the problem of the organisation of a
region is that of the relationship
between its subjects and the
administrative apparatus.
Since the
Kashmiris alone do not constitute the
population of Jammu and Kashmir and
Ladakh, New Delhi cannot and should not
accord lesser attention to the equally
important regions of Jammu and Ladakh. If
the ill-advised policy pursued by New
Delhi could not help the Indians win over
the Kashmiri Muslims hearts, the people
of Jammu and Ladakh should not be further
provoked to further promote their
respective regional and communal
feelings. And if little effort was made
to make the people of Kashmir understand
why secular democracy is preferable to
theocratic military dictatorship, the
pro-India feeling and stand of the most
people residing the regions of Ladakh and
Jammu should not be allowed to be
underrated or ignored for the sake of the
'unwilling' masses of the Valley.
Mufti
Sayeed and his Government, like the
previous Governments in J&K, cannot
be faulted for the demand for greater
financial aid to the cash-starved State.
The Prime Minister is ready to make an
announcement of an encouraging economic
package for the State during his
forthcoming visit to Kashmir.
What is
needed is New Delhi's intervention in
ensuring that economic benefits now and
later will also travel to Jammu and
Ladakh without any bias and prejudices.
New Delhi's 'Kashmir card', one expects,
is also meant for these two regions.
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Trusted
Advani to revive party
By Atul Cowshish
The rather
abrupt manner in which Lal Krishan Advani
was appointed as president of the
Bharatiya Janata Party-for the fifth
time-- in place of his protégé,
Venkaiah Naidu, makes it clear that the
party has an acute leadership crisis and
that it has still pinned its hope on
following a hard-line Hindutva course
which may be packaged by Advani under a
different label to hoodwink the gullible.
After making boastful claims about
'profusion' of talent among its younger
generation of leaders, the BJP has
settled for 75-year-old Advani who had
declared recently that he did not see
himself leading the party in the next
general election due five years from now.
But he added on a wishful note-encouraged
by astrologers--that he did not see the
UPA Government lasting its full term.
Mr
Advani's reliance on soothsayers for
fulfilling his life's ambition of
becoming the number one chief executive
in the country is on par with his party's
medieval moorings, being a party that
likes to define nationalism and
patriotism with religious tones. But if
he is a realist he might like to rely
more on the only thing that helps in
capturing power in India-winning the
confidence of the people. The people have
been moving away from the BJP as has been
shown since early summer this year. The
BJP has received one resounding blow
after another from the people of India.
The BJP was so paralysed and stupefied by
the Lok Sabha poll defeat in May that it
still refuses to acknowledge the factors
that drove people away from it within six
years of the hearty endorsement the
people gave to a BJP-led coalition. The
defeat in the recent Maharashtra assembly
poll is another testimony that the people
remain disenchanted and disillusioned
with the BJP.
Rusted
ideas and tired faces generally do not
bring the desired results. It is not
going to help the new BJP president
revive the party's fortunes when there is
a great paucity of leadership at the top
as well its second rung. The widely
reported divisions among the second rung
of BJP leadership makes matters more
difficult. The BJP is said to be
undecided whether to expose its naked
communal face or cloak it under some
'secular' mask. The allies of the BJP in
the national Democratic Alliance are
sitting quietly perhaps waiting to jump
off the sinking ship. A leader of one of
these parties, George Fernandes, has
formed a 'gang of four' ostensibly to
challenge the Congress president and
Fernandes' pet object of hate, Sonia
Gandhi, but in reality to explore avenues
for forming a 'front' where he
(Fernandes) will be the king.
Advani and
his party pronounced the Congress-led
Government a 'failure' in less than 100
days of its rule. But if Advani looks
around the political spectrum he might
discover that this 'failure' has not
helped the BJP win new allies and friends
in the past five or six months. Advani
does not see that he has an uphill task
ahead of him. He believes and so does his
party that he has a 'magic touch'. It is
being said that it was largely under his
stewardship and his hard-line policies
that the BJP, a party with just two
members in the 545-member Lok Sabha in
mid-1980s, moved up the ladder and became
a ruling party at the centre.
His
intense pursuance of a Hindutva course
with a much publicised 'Rath Yatra' as
one of its star attractions had indeed
contributed much to the emergence of the
BJP as a party to reckon with at the
centre. But the question is can that
'spirit' be revived to deliver the same
kind of results? Will the BJP again
benefit from its divisive politics? No
matter how much Advani may contest it,
there can be no doubt that a dangerous
consequence of the kind of 'strategy' he
had devised in the 1990s to make his
party popular was the demolition of the
Babri mosque in December 1992 and the
subsequent feeling of alienation among
the minority.
Those who
talk of the Advani 'magic' overlook the
fact that the BJP was able to rise at a
time when for various reasons the
majority of the population was turning
away from the Congress and the non-BJP
alternative-the so-called Third
Force--presented to the people looked
unreliable, brittle and incapable of
governance. Advani or the BJP did not
have to do much to discredit this
alternative, which was jostling to occupy
the space for the main rival of the
Congress. The waning popularity of the
Congress looked very 'promising' to the
BJP. The BJP had only to arouse further
the anti-Congress sentiments to realise
its goal of power at the centre. This it
did by spreading all kinds of stories
against its 'number one enemy' the
Congress with the help of the RSS network
and the party sympathisers in the media.
In other words a strong anti-Congress and
anti-Third Force ambience already existed
when the BJP was trying to gain access to
the seat of power in Delhi. These
circumstances made it easier for Advani,
who can articulate his views quite
forcefully, to be bracketed as the top
party leader with Atal Behari Vajpayee.
But many
of the stories planted by the BJP, or the
Sangh Parivar, in the 1980s and 1990s,
especially those directed against the
Nehru-Gandhi family, have proved to be
false and motivated. This started to
happen even when the BJP was in power at
the centre. This has deprived the BJP of
an effective tool for launching another
forceful offensive against its 'enemy
number one'. More uncomfortably for the
BJP, the people have become wiser since
then and the stories churned out
regularly by the rumours mills and
propaganda vehicles of the BJP leave the
majority of people cool towards the BJP.
It will
appear that one of Advani's strategy for
regaining power at the centre will be
creating a fear that under the new
Government at the Centre the country has
become unsafe and its integrity is under
threat with insurgents in the northeast
flexing their muscles. But Advani forgets
that the biggest threat to the country's
security had come during the rule of the
BJP-led government when Pakistan was able
to capture many heights in the Kargil
hills, the militants sent by Islamabad
attacked parliament and the jittery NDA
Government could think of nothing but
'freezing' for over one year the major
part of Indian army at the borders with
Pakistan.
The
Pakistani military strongman kept
threatening India with nuclear attack to
force the world to agree with him that
Kashmir was a 'nuclear flashpoint'.
Kashmir as an issue was truly
internationalised when the BJP was in
power. And it was the government of which
Advani was a prominent part that took the
first step to legitimise the rule of Gen
Pervez Musharraf in Pakistan after his
bloodless coup when he was invited to
Agra where he stole the thunder from
under the bumbling NDA leadership. (Syndicate
Features)
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Politicks
of a Swami's discomfiture
Dr. R. L. Bhat
Law is, and should
remain, equal to be the universal cannon that
modulates people's behavior and pronounces a set
of dos and don'ts for the people without regard
to their position, status and accomplishments.
There is a good case that law should be more
exacting when it comes to people in high places,
persons holding positions of responsibility and
men with means and reach. For people holding
public trust have a higher responsibility towards
upholding the values that govern the society.
Call it the hazard of being in public life; call
it the cost of being great; there is no case for
leniency against prominent people whether in
social, political or religious areas. They must
observe higher standards. They also have clout,
connections and capacity to put forth their cases
in best light, to engage the best legal brains
and fight even pointed persecution. At any rate
law cannot be, it must not be, less rigorous when
dealing with persons of position, pelf and power.
For then it would not be law but the handmaid of
manipulators. Law takes, must always be allowed
to take, its own course. That is the very least a
free society can and should ensure.
Thus there cannot
be anything wrong in arrest or detention of a
ranking religious guru, if the law demands it.
Whether the needs of law demand a particular
action, is not for the lay men to decide as per
their whims and whishes but for the court of law,
by law established. That alone can ensure equal
treatment before law. That alone can assure the
people at large that they would not be
persecuted, or impounded without cause or reason.
As the Gita says, people follow what the great
do. The greatness carries the burden of being
above broad. Even minor imputation there can send
wrong signals to the common folks who may come to
believe that deviant behavior, delinquent ways
and disregard of law is just the norm for their
actions and behavior. Can it be disputed that
much of the lawlessness and corruption around us
is the result of law having been thwarted, times
without number, in its course. About a third of
the legislators stand accused before the laws of
this land. Most of these accusations are not
minor misdemeanors but the gravest offences a
human can commit. A good number of men and women
in the bureaucracy are embroiled in vigilance
cases, court cases and acts of gross impropriety.
There are countless businessmen, entrepreneurs,
religious heads and leaders who have dozens of
cases lodged against them, most of a serious
nature.
All this is
because the law is not allowed to take its
course. Because of it the common men and women
suffer. They have to suffer the ministrations of
corrupt people and criminal elements. Thus there
are ministers who are absconders before the law,
bureaucrats who are liable to be put behind the
bars anytime and religious teachers who are
haunted by allegations of gross misconduct. It is
an open guess how 'fair' any of these people can
be in their dealings, how 'free' would the
administration be under them, how unfettered
would be the rule of constitution presided over
by them! After the last elections, corruption
seems to have been 'freed' from all constraints
morality. People who earlier had to resign from
their positions because of the allegations came
to hold even more important posts. With this
backdrop there a good case could be made to let
the arrested swami go scot-free, whatever the law
may say! That indeed, is what many have been
saying: there is too of corruption and
criminality around. This scenario actually should
make the people of this land conscious of the
fact that they already have allowed too much
playing with the laws and courts. That, they need
to ask for greater circumspection by the people
of prominence. Indeed, the situation demands that
the prominent prestigious people should give a
stricter accounting before the law.
That brings us to
the most unsavory part of the arrest of the swami
of Kanchi Math. Political parties gave the
propriety a slip and set to derive political
mileage from it. They have arraigned themselves
along what they perceive the most beneficial
outcome for them in the whole episode. Of course,
the first casualty here is the rule of law. The
facts of case notwithstanding, the politicians
are demanding 'action' and 'in-action' as it
suits their political ends. Thus we have the
Communists calling for 'action', as if
persecution of the Shankaracharya were what the
great man Marx did all his theorizing for. For
god's
err, Marx's sake could not the
ideologues simply keep mum? The law has already
taken its course, whether rightly or wrongly. The
Marxists could have lain low and waited for the
outcome. But no. They wouldn't let it lie if
political cakes can be cooked on it. The
Shankaracharya must be prosecuted, they imply,
adding that he must be given no respite, or else
the lowly of this land would suffer great
injustice! That thinking gets screwed right when
it comes to other religious leaders who too have
law knocking on their doors. And there, when they
should have been calling for the law not to
hesitate and take its course, they go mum.
Theirs, indeed, is the most perverted stand on
the issue.
Then there are the
funny stands. Like the congress workers going on
rampage complete with burning effigies because
the BJP has asked the congress government at
center to ensure that Shankaracharya is not
harassed. Of course, the BJP has itself taken no
principled or moral stand. Vajpayee talked to
center government, and Advani has issued veiled
cautions. Yet neither of them felt very
constrained over the issue. The former PM went
ahead with his iftaar party. The BJP president
did not take up the issue with his ally Anna DMK.
Worst, they tried to malign DMK for demanding the
arrest! Not principles. No feeling. No propriety.
Only shameless political milking of a saint's
discomfiture! When politics can sink to this
depth, it is time for sanities of this land to
think whether the system that they have live by
is worth much. Given that, the government which
arrested the revered Swami at the dead of night
as if he were a criminal on prowl, which is
spreading canards through media and now is
conducting stealthy raids on his residence to
collect justifications for its crass acts,
becomes the first suspect.
Yes, the rule of
law must prevail. Law must not be thwarted in its
course. But law must also not be manipulated,
must not be used as a handmaid for ulterior ends.
some years ago, noted leaders, an ex-chief
minister and union ministers of one party were
similarly arraigned, in the same state, at
mid-night as if the law could not wait for the
morn. Of course, they were let off at the first
hearing and have not heard from law since. The
night-arrest of Shankaracharya, calculatedly on
the night of coming holidays when courts would be
off, smacks of similar strategy. Its objective is
not to meet the ends of justice, but simply to
put target people in jail, to teach adversaries
lessons and malign good honor. If it is so in
case of the Swami, the law would have taken a
most devious, a most tainted course. Law, that
would call itself fair and demand respect, must
shield itself from such abuse.
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