EDITORIAL
Unfortunate
children
of sub-continent
A shocking reality in the
sub-continent is that almost every country has a section
of population struggling to make a decent living. Exactly
speaking they are not nomads but in reality they are in
an inferior condition as they are just floating after
having been uprooted from a settled life. For instance,
there are hundreds of them from Kupwara and other border
districts of the Kashmir region who are languishing in
hastily-built tents on the other side of the Line of
Control in the wake of the terrorism. There are thousands
in the Jammu region who continue to struggle for their
voting rights for the State Assembly . ........more
Flight
of mind
Why do they say that war
is made in the minds of human beings? It is because if it
were not so we would have had peace by now at least in
Iraq and between Israel and the Palestine. Suppose if Mr
Saddam Hussein were still in power what would have
happened? The entire United States attack --- verbal that
is --- would have been targeted against him alone.
Innocent Iraqis would have spared the excruciating pain
that they are undergoing all these months. Despite
America's Weapons of Mass Destruction theory having gone
haywire it is showing no signs of either repentance or
curbing its excessive zeal.....more
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Udhampur
Northern Command's right signal
By B L Kak
Slippery Siachen.
Sensational signal from Pakistan. A Pakistani publication
was apparently encouraged by Islamabad to put out a
mind-boggling report after the unpublished reference to
the possibility of demilitarising the Siachen glacier
during the recent talks, in New York, between Indian
Premier, .......more
Small
parties in India
By Subhashis Mittra
Small may not necessarily
be beautiful. When the Chief Election Commissioner T R
Krishnamurthy recently suggested that smaller parties
should be made to ally with national level parties ahead
of polls, he definitely had a pont to make. He felt their
growth was affecting good
governance at the . ......more
Reservation:
Lesson from American experiment
By Ellora Puri
Common Minimum Programme
(CMP) of the UPA Government's promised to extend
reservation for SC/ST/OBC to private sector, which is
expected to expand, has given rise to a fierce debate in
the country. The arguments for and against have made
repeated references .......more
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EDITORIAL
Unfortunate children of
sub-continent
A shocking reality in the
sub-continent is that almost every country has a section
of population struggling to make a decent living. Exactly
speaking they are not nomads but in reality they are in
an inferior condition as they are just floating after
having been uprooted from a settled life. For instance,
there are hundreds of them from Kupwara and other border
districts of the Kashmir region who are languishing in
hastily-built tents on the other side of the Line of
Control in the wake of the terrorism. There are thousands
in the Jammu region who continue to struggle for their
voting rights for the State Assembly although at least
two, if not more, of their generations have come and gone
after they were displaced in 1947. In this case it is a
pathetic hangover of the Partition made worse by
irresponsive political leadership. Armed confrontations
in the sub-continent have taken their own toll in terms
of unsettling the people. Not often discussed but an
equally disturbing fact is that the after-effects of the
Bangladesh war have still not disappeared. Both Pakistan
and its erstwhile part in the east continue to reel under
their pernicious influence. It may be quite revealing for
many that there are a frighteningly high number of three
lakh Pakistanis who are still condemned to reside in 66
refugee camps in Bangladesh after the latter gained
independence in 1971. The anger of these people known as
the Stranded Pakistanis or Bihari Muslims in a
Bengali-dominated land is not unnaturally directed
against both Pakistan and Bangladesh for neither country
has been able to timely redress their grievances. Their
darkness persists although decades have passed since they
were caught in this vicious cycle. They have formed an
organisation called the Stranded Pakistanis General
Repatriation Committee (SPGRC) so that their collective
voice is at least heard. Instead, it also appears to be
falling on deaf ears. Accords have been made in the past
between the separated twins to solve the problem but they
have not actually been implemented. After the passage of
such long time these unfortunate people have now
reconciled that it does not really matter any more
whether they are repatriated to Pakistan or rehabilitated
where they are in Bangladesh. Their priority is that
their sub-human existence in the 'squalid' camps spread
over 13 districts should come to an end sooner than
later. In vain though they have been pleading for a
tripartite meeting between their representatives,
Bangladesh and Pakistan. The International Red Cross,
after the battle in 1971, had registered about 540000
people, mostly Biharis, in Bangladesh who wanted to
immigrate to Pakistan. Only about one-third of them could
go back by 1982 and a few later in the early nineties
leaving the major chunk behind in the 'Pakistani relief
camps'. Former Pakistani dictator Gen Zia-ul-Haq agreed
to take them back and the funds were also mobilised by a
Saudi Arabia-based voluntary organisation, Union of the
Islamic World, but little was achieved in practical
terms. Gen Pervez Musharraf, who visited Bangladesh in
2002, held out the assurance of looking into the matter.
Again, there has been no progress in practical terms.
Understandably many of
these people living in these camps are going through a
dilemma. Having fought for Pakistan at a critical time
they find themselves unacceptable in the country of their
stay. They speak Urdu, a language that no more enjoys the
same acceptance in Bangladesh as it did when it was part
of Pakistan. For them, therefore, it has become an alien
nation. A silver lining appears to be that the younger
generations of these Stranded Pakistanis appear to have
decided to take a realistic stance. The majority of them
have adopted Bangladesh as their homeland for which they
are 'prepared to die'. In a major move they have been
working under the banner of another body known as the
'Committee for Rehabilitation of Non-Bengalis in
Bangladesh'. They have learnt how to speak and write
Bengali and are agitating that since they are as fluent
in the language as anybody can be and that they have
adopted the country's culture they as good citizens as
the original inhabitants. They are fighting for their
right to citizenship, education and decent living. One
may say that it is a far more practical way of restoring
the fractured ties with the majority of the local
population.
Clearly this is a major
emotional issue that Pakistan and Bangladesh both must
clinch to the satisfaction of the aggrieved people. It
does not serve the cause of the humanity at large to keep
a vast population stateless. Regrettably, given the
present attitude of both the countries, there is no
immediate solution in slight. It may linger on for
infinity. One can't help but ponder over how one
unfavourable factor or a host of them --- bad governance,
religious fanaticism, denial of democratic rights and
ruthless oppression --- lead to a large body of human
beings being sucked into turmoil and destablisation for a
dreadfully long period. There is need to avert such
eventuality. It can be done only if the leaders in power
pause for a while, exercise restraint and spare a thought
for the poor common man while upholding their national
interests in critical times. A case in point is the
current India-Pakistan engagement for peace that is a
silver lining in an otherwise hopeless milieu in this
region. It is having a spellbinding effect on the entire
world.
Flight of mind
Why do they say that war
is made in the minds of human beings? It is because if it
were not so we would have had peace by now at least in
Iraq and between Israel and the Palestine. Suppose if Mr
Saddam Hussein were still in power what would have
happened? The entire United States attack --- verbal that
is --- would have been targeted against him alone.
Innocent Iraqis would have spared the excruciating pain
that they are undergoing all these months. Despite
America's Weapons of Mass Destruction theory having gone
haywire it is showing no signs of either repentance or
curbing its excessive zeal in a foreign land. Who can
stop it? It is after all the world's sole superpower. If
it does not have the license to recklessly fight who has?
So many times the Israelis and Palestinians have come
closer to burying their hatchet. Yet, they fall apart at
the slight provocation. If anything their behaviour can
only be a lesson for India and Pakistan. Having chosen
the path of reconciliation the two countries should not
abandon it. They have fought wars in the past and know
their adverse consequences. Now that they are observing
cease-fire people on either side of the Line of Control
are sleeping in peace and attending to their fields
without having to watch their backs. They must carry on
with their good work and achieve their objective of
lasting peace in the sub-continent. Nobody then blame the
human mind for thinking of only violence.
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Udhampur
Northern Command's right signal
By B L
Kak
Slippery
Siachen. Sensational signal from
Pakistan. A Pakistani publication was
apparently encouraged by Islamabad to put
out a mind-boggling report after the
unpublished reference to the possibility
of demilitarising the Siachen glacier
during the recent talks, in New York,
between Indian Premier, Manmohan Singh,
and Pakistan President, Gen. Parvez
Musharraf.
The
report, in unmistakable terms, claimed
that a deal on Siachen "is now in
the making", with Gen Musharraf's
assurance that he will not occupy the
heights if these were vacated by Indian
troops. Equally sensational was the Pak
publication's yet another claim: Gen.
Musharraf's offer evoked positive
response from the Indian Prime Minister.
And the
Indian Prime Minister, who chose to
maintain silence after a section of
Indian media highlighted the Pak
publication's report, allowed animated
whispers in some official and political
circles in the country, particularly in
the sensitive Ladakh region where the
Siachen glacier is located. Top echelons
in the Ministry of Defence and Army
Headquarters were also found - in fact,
it was officially confirmed - engaged in
the intense debate on the issue arising
from the sensational story put out by the
Pakistani publication.
The
Defence Minister, Pranab Mukherjee, was
contacted by some anxious scribes in New
Delhi and Kolkata on the issue. In fact,
the presspersons wanted him to confirm or
contradict the newspaper report on
Siachen. He was asked if the Pak
President and Indian Prime Minister had
also taken up the Siachen issue during
their New York talks. Pranab Mukherjee
did not provide a direct answer to the
query. Instead, he briefly talked about
the "decision" to hold military
level talks on Siachen between the two
countries.
The
Defence Minister, it seemed, was not
bound to disclose the opposition from the
Army Headquarters to the Siachen offer of
Gen. Parvez Musharraf. And the Army
Headquarters' policy of wait and watch
was said to be the outcome of the
Udhampur - based Northern Command's
unambiguous opposition to any idea
seeking the withdrawal of Indian troops
from the Siachen glacier. Northern
Command's opposition served as the right
signal for the top military leadership in
New Delhi to make the troops stay put at
the most inhospitable Siachen glacier.
True,
Indian military leadership is for a
peaceful settlement of the Siachen
dispute with Pakistan. But the
possibility of the troop withdrawal has
been completely ruled out, as, in view of
the bitter experience India had in the
wake of the Musharraf offensive over the
Kargil hills in the summer of 1999,
adequate guarantees are called for from
Islamabad. Opponents of the offer from
Gen. Musharraf cannot be faulted for the
pointed questions: Should one forget the
fact that Gen. Musharraf in the past used
the Siachen conflict to justify the
Kargil incursion? What guarantee does
India now have that Pakistan will not
renege on any commitment that it may make
on not occupying the Siachen glacier once
it is vacated? The Manmohan Singh
Government, too, cannot be faulted for it
seagerness to settle all outstanding
issues between India and Pakistan through
bilateral discussions. The Siachen issue
is one of them, which has so far defied a
solution to the satisfaction of the two
countries. Eight rounds of talks were
held at the Defence Secretary -level,
while military - level talks were held
twice. The August (2004) round of talks
between the Defence Secretaries of India
and Pakistan saw the two sides coming out
with fresh set of proposals. These
proposals were extension of the
respective stand taken by the two
countries in the previous rounds of
talks.
That
nothing substantial emerged from the New
Delhi talks became evident when the
Pakistani Defence Secretary highlighted
the need to continue the dialogue process
with India for seeking a durable solution
to the Siachen problem. No end to the
Siachen dispute was in sight, even as the
members of the two delegations voiced
satisfaction at the talks that covered
the positions taken by the two countries
and proposals floated for an end to the
dispute.
If India
wants Pakistan to accept the Actual
Ground Position Line (AGPL), Pakistan let
it be known that the basis of the
solution of the problem was the round of
talks held in 1989 when the two sides had
reached close to withdrawing forces.
Considering the fact that the situation
has changed now, India the
military leadership, to be precise-would
like to have a guarantee that Pakistan
will not re-occupy the area vacated.
In the
light of the Kargil experience, it would
be hard for New Delhi to accept any
guarantee from Pakistan. If wishes were
horses, Pakistani rulers and soldiers
would ride to ensure that forces of the
two countries be on the pre-1972
position. When the Line of Control (LoC)
was delineated under the 1972 Shimla
Agreement, it concluded at point NJ9842.
While India's position is that the line
runs south from this point to the Siachen
glacier, Pakistan insists that the LoC
runs north to the Karakoram mountain
pass.
Overlooking
Pakistan, India, Tibet, Afghanistan and
Russia, the Siachen glacier is located in
the Karakorams. With the glacier area
situated in the strategic Nubra valley of
Ladakh, the confrontation between India
and Pakistan has been for its control.
Why is control of the Siachen glacier so
important from the Indian point of view?
One, if
India loses Siachen, it will lose an
enormous chunk of territory. Having
suffered several territorial body blows
in Jammu and Kashmir, India is evidently
not prepared to suffer another. Two, if
Pakistan controls Siachen, the whole
Nubra valley, and through it Ladakh, is
jeopardised. Pakistanis being on high
ground will overlook all Indian outposts
in the Nubra valley. Three, if Indians
cannot hold Hubra valley, they will also
lose access to the rest of India's
Karakoram territory because it (Nubra
valley) provides the best access route to
our northern outposts like Daulat Beg
Ouldi.
Pakistan's
preference is for the Belafondla pass,
situated to the southwest of Siachen
glacier. If Pakistan were allowed to have
it, a serious threat would then be posed
to the communication lines in Ladakh,
especially the Nubra valley.
A peaceful
settlement of the problem is called for.
The Siachen experiment costs the Indian
taxpayer about Rs. 1,500 crores per year
to keep soldiers there. It has been found
that the cost of a chapatti, by the time
it reaches Siachen, the highest
battlefield in the world, is about Rs.
10,000.
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Small
parties in India
By
Subhashis Mittra
Small may
not necessarily be beautiful. When the
Chief Election Commissioner T R
Krishnamurthy recently suggested that
smaller parties should be made to ally
with national level parties ahead of
polls, he definitely had a pont to make.
He felt their growth was
affecting good
governance at the Centre.
With over
700 registered unrecognised political
parties figuring in the Election
Commission list, in addition to the
national and regional parties, the
concern of the CEC is bound to generate a
debate in an era of coalition. But, on a
closer look, his concern seemed to be
genuine considering the fact that when
regional parties contest national
elections, it has bad impact on good
Governance as during the period of
Government formation, they bring their
own lobbies to exert pressure.
Clarifying
that he was not opposed to smaller
parties, the CEC while delivering a
Lecture on 'Problems and Prospects of
Electoral Reforms' said it was only a
suggestion.
Smaller
parties should be free to contest
state-level elections, but once it came
to national elections, ''there was a
conflict of interest, and national
interest should be uppermost,''
Krishnamurthy said and his logic was that
''when candidates get elected from
smaller parties at the time of Government
formation they dictate terms in extending
support.''
Smaller
parties in India are dime a dozen. There
are over three dozen parties operating
from small towns with the Akhil Bhartiya
''status'' and around two dozen other
parties with the All India ''tag''.
Some of
them have interesting names
like---Bolshevik Party of India,
Federation of Sabhas, Labour and
Jobseekers Party of India, Life Peaceful
Party, Lok Bhalai Party and Sarvahara
Dal.
One will
agree that issues of national governance
are different from those of the states.
And, if local issues are allowed to get
the better of national issues, it would
not augur well in the larger interest of
the country. The country was witness to
various pulls and pressures from small
parties during the Atal Bihari Vajpayee
Government. It faced problems from as
many as 22 allies and Vajpayee had to
face the challenge of mollifying them
often and keeping them in good humour
while balancing local demands with the
national agenda. This was certainly
affecting the day-to-day governance. Take
for example the Telugu Desam Party of
Andhra Pradesh which used its alliance
with the BJP to get more resources from
New Delhi.
The same
experiment is being re-enacted at the
Centre today. Dr Manmohan Singh's United
Progressive Alliance (UPA) Government,
with 15 regional allies, is not free from
similar compulsions. Here one can cite
the instance of DMK refusing to join the
Government till allocation of choice
portfolios.
Small
parties per se are not bad for the
country. But, the question is to what
extent their regional sentiments and
approaches will help realise national
aspirations and objectives at a time when
the interests of national and regional
parties are converging.
Against
this backdrop, Krishnamurthy said
''regional parties must align with the
national parties for contesting elections
as the growth of such parties is
affecting quality of governance at the
national level.''
One will
agree that with several political parties
having ''limited interests'' being formed
at the regional level, there should be
some kind of regulation in regard to
these parties. There is a need to change
the existing political system with
cooperation from political parties, State
Governments and people for having a
long-term system with good governance.
However,
Krishnamurthy's suggestions for
democratisation of political parties with
regular organisational elections, an
expenditure limit on the parties
themselves and not just candidates, and
making their party accounts public are
now new.
The
Election Commission, the Law Commission
and the Dinesh Goswami Committee Report
had recommended this, but their
suggestions have not been implemented
mainly because of the lack of political
will.
Experts
feel that unless the number of political
parties is regulated by law,
representational legitimacy of our
legislators under a first-past-the-post
system cannot be ensured. The norm that a
political party will be recognised as a
national party only if it secures at
least 10 per cent votes all over the
country should be strictly enforced.
To improve
the quality of electoral process, the
Election Commission made around 22
suggestions to the Prime Minister
recently.
Taking a
dig at political parties for ''not
taking'' provisions of election code of
conduct ''seriously'', the CEC said that
unfortunately most national and regional
parties were ''guilty'' of violating this
code of conduct.
He
favoured a legislation for transparency
in account of political parties and to
monitor their functioning. Krishnamurthy
said such candidates who were
chargesheeted by court six months ahead
of polls should be disqualified from
contesting elections. ''In the interest
of good governance it is necessary to
disqualify a person from contesting polls
against whom prima facie a charge of
crime is found,'' he said.
''At least
100 members in the present Parliament
have criminal records,'' the CEC said and
disapproved the process in which
''bureaucrats start taking interests in
political activities''. The CEC also
suggested enactment of a legislation to
regulate exit and opinion polls ad dubbed
them as a ''business''. On political
advertisements, the CEC said the level of
political advertisements was coming down
and ''we need to regulate the business of
political ads''.
PTI
Feature
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Reservation:
Lesson from American experiment
By Ellora Puri
Common Minimum
Programme (CMP) of the UPA Government's promised
to extend reservation for SC/ST/OBC to private
sector, which is expected to expand, has given
rise to a fierce debate in the country. The
arguments for and against have made repeated
references to the recent United States Supreme
Court judgement regarding the feasibility and
desirability of affirmative action programme.
The judgement
consists of two separate rulings passed on June
23, 2003 by the US Supreme Court one in the case
of Grutter Vs Bollinger and the other in the
Gratz Vs Bollinger. Both these cases were field
against the University of Michigan's
race-conscious admissions policy. The ruling in
the former case upheld the university's Law
School admissions policy by a 5-4 decision and in
the latter found the university's undergraduate
admissions policy unconstitutional by a 6-3 vote.
These seemingly contradictory rulings actually
drew their justifications from the same set of
principles. Both the rulings upheld the
constitutionality of race-conscious admissions
policies designed to promote ideal of diversity
in higher education. The reason why they differed
was because in spite of the same goal - of
promoting a diverse student body in the campus -
the Law School admissions policy differed
substantially from the undergraduate admissions
policy on the mechanisms through which this goal
was achieved.
The court
essentially put the two policies through a
five-point test - a) whether the programme
offered competitive review of all applications;
b) whether the programme provided flexible,
individualized consideration of applicants so
that race was only one of the several factors
being considered; c) whether the institution had
considered workable race-neutal alternatives to
its programme; d) did the programme unduly burden
non-minority applicants; and e) was the programme
limited in time.
According to the
court, competitive review essentially meant
policies that, for example, are based on quotas
are undesirable because they "insulate the
individual from comparison with all other
candidates for the available seats."
Flexibility and individual consideration, in
turn, requires that a race-conscious policy has
to consider at least some non-racial factors to
ensure that "all factors that may contribute
to student body diversity are meaningfully
considered alongside race in admissions
decisions." A serious "good faith
consideration of workable race-neutral
alternatives" that will achieve the
diversity the university wants is what the third
point talks of. For the court, a fair and
flexible admissions process that considers both
non-racial and racial factors would ensure that
non-minorities are competitive with minorities,
and will therefore not impose an undue burden on
them. And lastly, the court emphasized that need
to have a logical end to a race-conscious policy
that is a "deviation from the norm of equal
treatment of all racial and ethnic groups."
The Law School passed muster on all the points.
The undergraduate programme, on the other hand,
did not fulfill these requirements as its
admission policy was based on a point system,
which allocated a fixed number of points for
underrepresented minority group members thus
giving them undue advantage on the basis of their
race and not providing for individualized
consideration.
In his five-point
schema, therefore, the Court while affirming the
desirability of affirmative action programmes
made sure that the arguments for competitive
selection and individual equality were also kept
in mind. Accordingly race cannot be the exclusive
or predominant factor in the admissions decision.
While the entire
case for reservation in India is based on claims
of social justice, the opposition to it argues
solely on grounds of efficiency. The industry,
and economists supporting its case, hold that
reservation would undermine its competitive
capacity in the international market. It has
further been argued that reservation would
inhibit inflow of FDI which the policy of
liberalization wanted to attract. The debate on
the subject presumes inherent dichotomy between
the two objectives. Even VP Singh, who claims to
have ushered "in the first real revolution
in independent India", by implementing
Mandal, doesn't favour reservation "at the
cost of global competitiveness". He,
however, advises "to follow the America
pattern and see how they protect the
minorities." But what is the American model.
According to the judgement of the Supreme Court,
quoted above, the benefits of affirmative action
"are of not theoretical but real, as major
American businesses have made clear that the
skills needed in today's increasingly global
marketplace can only be developed through
exposure to widely diverse people, cultures,
ideas, and viewpoints." In fact these
rulings support affirmative action on the grounds
of social utility as it creates a diverse
environment, which is conducive for broader
societal and institutional goals like breaking
down racial and ethnic stereotypes, increasing
the pool from which the work force can be drawn,
and developing a diverse, integrated work force.
So basically unlike the earlier arguments that
justified affirmative action on grounds of
justice, as a compensation or corrective for past
and continuing discrimination the court saw
grounds of diversity as a valid reason for
affirmative action policies.
Indeed, in a
separate line of cases, the Court has also upheld
the use of race-conscious and gender-conscious
affirmative action programs in private
employment. In United Steelworkers of America V.
Weber (1970), for example, the Supreme Court
upheld the use of race-conscious affirmative
action policies that correct a conspicuous racial
imbalance in traditionally segregated job
categories, but do not "unnecessarily
trammel" the interests of non-minorities and
do not pose a bar to their advancement. The Court
has passed similar judgements in favour of
gender-conscious affirmative action. The relevant
point here being that the argument for
affirmative action based recruitment programmes
have benefited the industry. And these arguments
were based not just on arguments for remedying
past racism/sexism but on grounds of diversity
contributing to more competitive and efficient
industry. The foundations of the fears -
inefficiency, incompetence and uncompetitiveness
- of the Indian industry regarding affirmative
action programmes in general therefore seem to be
misplaced.
However, the
Supreme Court rulings in the two University of
Michigan cases might point to the reason why
reservations if equated with quota might be
considered problematic by the industry. One,
quotas create a segregated group of seats which
are always open to the charge of being
uncompetitive. Two, quotas, as has been the case
in the Indian case, might results in the
"creamy layer" taking over seats meant
for the truly disadvantaged sections, as they do
not give individualized attention to each
applicant's case. And three, fixing a quota at
times means providing for a token presence of
certain groups members without ensuring that they
have the proper skills and meaningful numbers to
make a difference.
What exactly is
the lesson of American experiment? Most important
is that the arguments for affirmative action
based recruitment programmes came from the
industry itself and not from the Government. For
the industry found it to be in their interest.
The US Supreme Court rulings on the Michigan
University case, quoted above, the base their
argument on the experience of the American
private sector.
Nevertheless,
these two rulings provide a meaningful set of
guidelines by which the private industry can
ensure diversity and incorporation of individuals
from different sections of the society without
forsaking the goals that they feel would be
compromised by policies promoting preservations -
competition and efficiency.
Instead of merely
appealing to the social conscience of the
industry, an appeals to its enlightened
self-interest may get a better response.
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