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

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 A Pakistani publication was apparently encouraged by Islamabad to put out a mind-boggling report after the unpublished reference to the possibility of demilitarising the Siachen glacier during the recent talks, in New York, between Indian Premier, .......more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

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.

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.

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

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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