EDITORIAL
'Page 3' is p 1
Our Bollywood is a
fantastic world. It can make us laugh. It can make us
cry. It can hold a mirror against us telling us how ugly
we can be in our doings. There are many who think that it
overplays its part. That is true. After all, it is a
field in which only those can survive who have big dreams
of earning name, fame and something more in terms of
creativity whether it concerns literature or human life.
Like the flight of mind it has no defined barriers. In
fact, it will cease to be itself were it to draw its
limits. There is a play of words and images and only
those who have the talent and learnt the nuances of the
game know that it is tougher behind the glamour that the
audience watches in awe in cinema halls and more
fashionable multiplexes. We in this State can ask veteran
Ramanand Sagar, Vidhu Vinod Chopra, Ved Rahi and latest
entrant Mukesh Rishi how hard it has been to travel from
Srinagar or Jammu to Mumbai. How difficult is it to
overcome the crisis of anonymity and carve out an
identity of one's own in an entirely new environment?
There are many others who are on the periphery of the
film industry waiting for the chance to get into the main
arena. It is the hope that keeps them going. They know
that they can succeed only if they keep trying. At times,
one comes across the murky shade beyond the light and
glitter. Some movies have projected the bitter reality:
how Mafia dons influence the decision on star cast and
how the weaker among aspirants fall victims to the lust
and greed of those in a position to have the last .more
|
|
Terror
and terrorists
still exist
From Arun Nehru
The terror attack on
Ayodhya is repulsed and the terrorists are killed and we
were 'lucky'. ..more
IAF
in its own planning trap
By Uday Shankar Bajpai
How the air force was
blessed with a multibillion-dollar Su 30 aircraft
programme for ..more
A
July downpour
TALES OF TRAVESTY
By Dr. Jitendra Singh
"It is nowhere
mentioned in the history that for want of a rain coat the
lover had to ....more
Global
terrorism:
After 3½ years
By Sreedhar
The London bomb blasts on
July 7 is a grim reminder that the US led war on
terrorism that ....more
Repeal
J&K Right to information act
By Dr Kulwant Singh
On the 15 June, the
President gave assent to the Central Government's
ground-breaking ....more
|
EDITORIAL
'Page
3' is p 1
Our Bollywood is a
fantastic world. It can make us laugh. It can make us
cry. It can hold a mirror against us telling us how ugly
we can be in our doings. There are many who think that it
overplays its part. That is true. After all, it is a
field in which only those can survive who have big dreams
of earning name, fame and something more in terms of
creativity whether it concerns literature or human life.
Like the flight of mind it has no defined barriers. In
fact, it will cease to be itself were it to draw its
limits. There is a play of words and images and only
those who have the talent and learnt the nuances of the
game know that it is tougher behind the glamour that the
audience watches in awe in cinema halls and more
fashionable multiplexes. We in this State can ask veteran
Ramanand Sagar, Vidhu Vinod Chopra, Ved Rahi and latest
entrant Mukesh Rishi how hard it has been to travel from
Srinagar or Jammu to Mumbai. How difficult is it to
overcome the crisis of anonymity and carve out an
identity of one's own in an entirely new environment?
There are many others who are on the periphery of the
film industry waiting for the chance to get into the main
arena. It is the hope that keeps them going. They know
that they can succeed only if they keep trying. At times,
one comes across the murky shade beyond the light and
glitter. Some movies have projected the bitter reality:
how Mafia dons influence the decision on star cast and
how the weaker among aspirants fall victims to the lust
and greed of those in a position to have the last word
about their careers. Do real-life transcripts of Salman
Khan-Aishwarya Rai conversation about a don's show in
Dubai leave any doubt that the scenario can be even
worse? Since the majority of writers, producers and
directors are not hesitant to look at the shallowness of
their lives they carry a lot of conviction when they take
a close view of society as a whole. Who will not applaud,
for instance, Vidhu's painstaking effort to translate
Sharat Chandra Chattopadhyay's celebrated novel "Parineeta"
on the celluloid? Indeed, it has been a good job which
has been neatly executed. Nothing actually seems to
escape the attention of film-makers whether it is the
unenviable condition of women or hypocrisy of the total
environment that man sometimes builds around himself.
Viewed in this background
it is a cause of satisfaction that "Page 3" has
been adjudged 2004's best national film. The movie makes
a subtle comment on double standards prevailing in the
so-called high society. Everybody swears by truth,
integrity and sincerity but in reality he or she is not
shy of indulging in deceit and exploitation. One acts or
speaks according to what suits one's immediate interests.
The movie bitterly touches the negative aspect of almost
every walk of life including Bollywood. In general there
is a tendency to swim with the current even if involves
compromises at every step about which there are no qualms
of conscience. It is not possible for the most
enterprising journalist to expose scandalous happenings
if those involved are high and mighty of the land. The
lesson is to proceed guardedly, wait for the right
opportunity and strike hard when the iron is hot. This
requires tact, patience and a sense of timing. "Page
3" is truly "page 1" stuff is
underlined by the honour it has received.
|
Terror
and terrorists still exist
From
Arun Nehru
The terror
attack on Ayodhya is repulsed and the
terrorists are killed and we were
'lucky'. Internal security systems cannot
be entirely dependant on 'luck' and
clearly the ease with which the
miscreants cleared the outer defense show
that much has to be done on our systems
and this was a 'warning' that we cannot
take things for granted. Terror and
terrorists still exist be it in J&K,
the North East or from our porous borders
with Bangla Desh and Nepal and whether it
is India or the UK where tragic events
result in many deaths we cannot forget
the immediate past and we have to plan
for the future. Things are better after
9/11 and many Western nations which gave
political sanctuary to alleged terrorists
and their associates on grounds of
political harassment no longer adopt a
'liberal' attitude and in many cases
these very countries face terrorist acts
from these 'refugees'! We are trying to
normalize relations with Pakistan and
this will continue but it will be naïve
if we think that the terror camps and the
terrorists created over decades will
'melt away' or listen to their former
masters in changed political
circumstances. All clandestine
arrangements create strong vested
interests and these can and do operate
independently. Saddam Hussain was armed
to the teeth by the West against Iran and
Bin Laden was a freedom fighter against
the Soviets but look at the turn of
events as friends become enemies [works
the other way also]. We in India have
experience of the LTTE and Sri Lanka and
clearly before 'extreme' groups or
individuals are used for internal
politics or external reasons a great deal
of political deliberation is necessary.
We can dismiss much of this to the 'Cold
war' syndrome but today twenty years
after the change terrorism continues to
thrive as 'fresh' pressure points
develop. The war in Iraq continues with
huge loss of human lives and things in
Afghanistan are far from settled and
clearly India is very much on the 'terror
map' of extreme leaders. We are always
wiser by hindsight and I think it is in
everyone's interest that 'instant'
results are achieved with global pressure
to isolate the instruments of terror and
clearly 'isolation and speedy
extradition' are a key to success.
Politics
continues and we see a 'new' relationship
pattern evolving with the Left and the
Congress and besides the BHEL issue there
will be matters pertaining to foreign
policy and these by itself will generate
their own pressure points. The Left
clearly make the Third Front a
alternative to the Congress from a
'possibility' status and displace the
NDA/BJP who are pushed into third place
and as Assembly elections unfold during
2006/07 many allies of both the
Congress/BJP will gravitate towards the
Third Front where their state interests
are protected with a share of power at
the Center. There are conflicts between
the SP/BSP in UP and the SP/RJD [ Mulayam
Singh/Lalu Yadav] but politics is the art
of the 'possible' and 'numbers' drive
ideology and political stances. The
Congress to blunt the Third front have to
secure a 'safe' base in UP/Bihar but this
is not working out at the moment. The
revival of the Babri Masjid case against
LK Advani and others will help revive the
BJP in UP and clearly the Congress is not
learning from the past experience in this
matter. The interesting thing to watch is
that as the Left confront the Congress on
economic issues the allies in the UPA
[DMK/MDMK/TRS/NCP/JMM/RJD] side with the
Left. PM Manmohan Singh along with the
Economic team will come under intense
pressure as 'reforms' are necessary but
cannot ensure success at the 'ballot' box
as the gains from the reform process are
'restrictive' to the upper and middle
classes.
Inflation
induced by the oil prices continues to
hurt the weaker sections as prices of
almost all items of daily consumption
rise and better awareness increases the
need for basic material objects.
The BJP
spring to action after its very survival
has been threatened by indiscreet remarks
and interviews given by the RSS Chief who
seems to be quite unaware of the ground
political realities and I think the
'voting' public may well need a few
months of consistency and action to feel
that the party is functioning as a
'independent' political entity. Former PM
Atal ji and the other BJP leaders come to
the rescue of the party as they rally
around the 'wounded' BJP President LK
Advani but it took many months for all
this to happen! The party has clearly
lost the political momentum and decisive
action is necessary to get the public
confidence. Compromise and faceless
leaders in the center and the states are
no solution and affairs in UP are in a
complete mess as the party faces
'extinction' over two election and
clearly the BJP have to give the
political charge to either Rajnath Singh
or Kalyan Singh to move the party
forward. Things in MP are no better and
the Congress can well gain the initiative
and record huge gains. The CM may be a
good man and accommodate all political
groups but survival rather than
governance seems to be the pattern and
this can be a disaster and clearly a
'change' is necessary to reverse the
trend. Months of bickering and internal
fights have weakened the party and unless
the BJP President has decisive powers and
ability to act with confidence the party
will shrink. Dual power controls cannot
work and as the Third front gains
momentum the BJP will loose 'allies' and
key political workers. The immediate test
will be in Bihar and the JD[U] is clearly
going to take little direction or
interference from the ideology of the
RSS/VHP and the BJP will be well advised
to let the JD[U] lead the charge and make
suitable adjustments in ticket
allocations. The JD[U]/SP come closer and
the RJD/LJP/
Congress
have much to do in the next two months as
'election season' begins and a disaster
in Bihar on either side can trigger many
a change for the future.
|
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IAF
in its own planning trap
By Uday
Shankar Bajpai
How the
air force was blessed with a
multibillion-dollar Su 30 aircraft
programme for which no air staff
requirement apparently existed has
intrigued security observers. More so
when its plea for a more modest advanced
jet trainer had been languishing in
ministerial files for some 12 years at
the time. Recent articles in the media
and more specifically the Justice Phukan
commission report, while throwing welcome
light on the subject, raise some issues
of concern.
During the
1993 air show, the then air chief
publicly stated that the Su 27 class of
aircraft was irrelevant to Indias
air doctrine. Yet by early 1995, the
service was evaluating the Su 27. The
short intervening period neither saw any
change on the national security scene nor
indeed was it adequate to evolve an air
staff requirement for such a major weapon
system. Clearly a conscious breach of
institutionalised planning norms was
resorted to, the reasons for which remain
obscure.
We learn
that on the eve of Russian elections in
1996, president Boris Yelstin asked the
Indian prime minister to accept the
Russian offer of Su 30 and make advance
payments. He sought help as workers in
the factory within his constituency had
not been paid. Elections had been
announced in India as well, and contrary
to practiced wisdom, the cabinet approved
release of $142.268 million to the
Russian manufacturer. While such a major
procurement decision by a lame-duck
government may be termed an indiscretion,
making payments in anticipation of a
formal contract must certainly rank as a
gross violation of financial regulations.
In
pre-election posturing, the opposition in
India made political noises and even met
the president, but after some
behind-the-scenes activity the matter
subsided. There appears to have been a
consensus that larger national interests
justified such means. While this may well
be true from a purely diplomatic
perspective, one wonders whether damage
to our own security institutions featured
in the governments calculations.
Did the service leadership play its part
by cautioning on the adverse impact of
adopting a re-equipment methodology that
violated the very essence of
institutionalised military procurement?
Did the service study what impact such an
out-of-turn induction will have on its
overall re-equipment plans? These
questions become relevant in an
environment where corruption in high
places is no more an exception, where
senior promotions in the armed forces are
no more determined singularly on merit
and a continuing systemic weakness within
the armed forces headquarters remains
that of planning decisions being
command-oriented rather than collegiate.
This even
raises serious concern about the cavalier
approach to planning institutions built
painstakingly over decades. Since the
early Sixties, air headquarters have laid
considerable stress on long-term
planning. Early leaders recognised that
the air force was both a technology and
capital-intensive service with
re-equipment planning requiring long lead
times. Planners therefore needed to think
of time horizons of twenty years or more.
The
crucial process of air staff requirements
formulation itself was one of evolution
from bottom upwards with considerable
interaction between all branches of staff
- operational, planning, technical,
financial and personnel - and involved
external agencies like defence research
and production, ensuring wide
consultation and expertise. The process
being progressive and collegiate would,
in its life cycle, see frequent changes
of personalities in various key
positions, but its institutionalisation
itself militated against non-professional
course corrections.
An
unwritten, but well understood, benefit
of this institutionalised mechanism was
that it shielded service leadership from
undue external pressures. To those who
may term such a fear as exaggerated, this
writer can recall many such instances
from the vantage point of both a
mid-level planner and later as a deputy
chief. It is to the credit of this
institutionalised system that the air
force was spared the trauma of getting
mired in purchase scandals. That is,
until the unholy saga of the Su 30.
Had the
government chosen a contemporary aircraft
in the light combat class (or even more
of Mirage 2000, since they were already
in service), this would have been in
keeping with the air forces
long-term re-equipment needs. But opting
for one of the heaviest fighters in the
world with strategic reach makes light of
the entire planning process. One has
heard justifications that the Su 30 is a
very good aircraft. This is true, but is
it their case to say that we buy every
good aircraft in the world, detached from
our operational requirements and divorced
from its cost of ownership implications?
Indeed, the complex jigsaw that
modern-day operational planning is, every
weapons system, big or small, must
integrate to provide a pre-planned
composite operational capability.
A valuable
lesson imbibed by air force planners at
great cost from the Gnat aircraft was
never to commit the service to a combat
aircraft until it had been fully
developed and evaluated. By evaluating a
Su 27 in lieu of Su 30 weapons system,
which did not exist, this lesson was
ignored. Considering that during a joint
IAF-CII seminar in February 1994, the air
chief was extremely critical of the poor
product-support from Russia, another
casualty was product-support assurance
over the systems life cycle. This
was compounded by common knowledge in
international aviation circles (and by
president Yeltisins request) that
this company was in dire financial
straits. Subsequent reports have implied
contractual differences, delays and even
claims that old components have been
used. One wonders what were the pressures
that led to such a huge gamble at service
and national costs. Indeed one wonders
which nations larger interests were
better served?
Professional
service leaderships are honour-bound to
safeguard the services long-term
operational interests and more
particularly its institutions. In the
early Nineties, the air force had no
requirement for a fighter aircraft with
strategic reach. Indeed, it was short of
fighter pilots and had no known concepts
to induct a new two-crew combat aircraft.
Were crucial questions having a bearing
on the overall long term re-equipment
plans of the air force thought through?
Were the strategic implications of
inducting such a weapon system adequately
debated within the services and the
government? What changes necessitated
such a reversal in its planning process
and what roll-on effect would it have in
all other areas of re-equipment? What
would be the impact on the fighter pilot
training requirements, leave alone on the
fact that the AJT procurement would be
further delayed (as subsequent events
proved)? Were the budgetary implications
of this project on future plans,
including the MiG 21 replacement, made a
factor in the decision? The most generous
interpretation is that the government
wanted the aircraft and the air force
acquiesced.
Today the
air force is short of its sanctioned
combat aircraft force levels and wants to
induct 126 new combat aircraft. It must
perforce continue to support the
indigenous LCA programme. News reports
talk of serious gaps in air defence
surveillance capability, itself a serious
concern in the present nuclear
environment. There are replacement needs
like tactical transport aircraft,
helicopters, air defence systems, space
systems, unmanned vehicles and a host of
other capabilities so essential for
wielding air power effectively in the
modern battlefield. Many
capital-intensive programmes are ongoing
and will need continued funding. Past
budgetary allocations for air force
capital schemes are inadequate to support
even these ongoing schemes, leave alone
meet the desire for more combat aircraft
and other vital systems.
Now that
we know that individual perceptions
prevailed over institutional wisdom, it
would appear that the air force finds
itself into a planning trap of its own
making. Those responsible for this
sleight of hand have moved on and those
in harness are left holding the baby!
Modernisation of all the services has
suffered greatly since the Bofors scandal
erupted. On their part the services would
do well to remember that indiscriminate
modernisation is as detrimental to
national security as is the lack of it.
Merely striving for more may only result
in unproductive modernisation. INAV
(The
author is air commodore)
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A
July downpour
TALES OF
TRAVESTY
By Dr. Jitendra Singh
"It is
nowhere mentioned in the history that for want of
a rain coat the lover had to defer a visit to his
beloved. On the contrary, it is stated that he
swam across the unfathomable ocean''. Thus speaks
Amit, the hero of Rabindranath Tagore's ''Shesher
Kavita''. And, a few pages later, taking a note
book from his pocket, Amit tears out a leaf and
writes ''Blow gently over my garden, wind of the
southern sea; In the hour my love cometh and our
eyes meet.''
A gente blow of
July wind stealthily ripples through the raised
follicles. As it has done every successive
season. The four eyes meet. Only the participants
change. The yearning flows incessantly,
nevertheless. The scene remains unchanged. Year
after year. Every monsoon season. A cloud
advances from distant horizone. And the history
of heart repeats itself. Revived by tiny rain
drops!.
Images of the yore
come back. From the times that were yet to see
the advent of hi-tech gradgetry, cell phone et
al. A familiar voice calling from the public
booth. A clank of the coin and then an impatient
''Hello''. Over to a deserted suburb cinema hall.
Rain drops rattle on dilapidated terrace.
Capturing youthful passions! Dev Anand and
Waheeda Rehman squeeze the shared moments within
the confines of umbrella overhead. A tentalising
spectre of romance majestically grips the black
and white screen amid sultry notes of ''Rim
Jhim Ke Tarane Leke Aayee Barsaat....''. Decades
slip in a split second. The heart still longs.
On another day,
monsoon clouds evoke a cry of loneliness.
Solitude aggravated by downpour. Pain of a
craving devoid of outlet. Burnt and weary, the
wasted seed of age nonetheless joins in the
rapturous chorus.
The downpour
leaves behind a ruthless stream of gushing waters
washing away roofless slums and frail footpath
dwellings whose inhabitants are hardly aware of
the elitist nuances of monsoon. But, their
unsophisticated minds sense the wind running
through the grass, the thrush in the tree tops,
the inexplicable mirth of children dancing in
rain with their pot bellies, the shrivelled faces
brightened up for a brief respite.
A downpour
outside. A downpour within. Glasses of sherry and
wine passed on with a sparkle in the roving eye.
A drink or two. And the twosome get closer. This
is the playing ground of the rich and the elite.
Much beyond the access of an ordinary mortal who
skips a meal to go in for a bottle of beer that
beats the humid afternoon.
For the common man
who is struggling for a safe shelter, a square
meal and a glass of clean water; a July downpour
spells havoc and hardly romance, hunger and
hardly feast. Begum Akhtar's voice fills in the
void of Umapathy's lament ''Hum to
Samjhe The Ke Barsaat Mein Barse Gi Sharab, Aayee
Barsaat To barsaat Ne Dil Torh Diya''.
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Global
terrorism: After 3½ years
By Sreedhar
The London bomb
blasts on July 7 is a grim reminder that the US
led war on terrorism that began after 9/11 is far
from over. In fact before July 7 many in the
Western Hemisphere disagreed with Indian
assessment that war on terrorism cannot be fought
the way it is being conducted by the US and a
combined effort by like-minded nations is
necessary.
The immediate
question that arises is where has the war on
terrorism gone wrong? Foremost reason appears to
be terrorism war became focused on one-man Osama
bin Laden / one organization, al-Qaida. In the
process other victims of terrorism like India
even started maintaining a discreet distance from
the US led war. With the result the war on
terrorism became a western Hemisphere war and
less of a global war.
This subtle
distinction automatically resulted in some
sovereign states in the Eastern Hemisphere
continue to provide safe havens to terrorists.
From the New Delhi perspective Pakistan and
Bangladesh are providing safe havens to
terrorists; and countries like Sri Lanka where
Liberation Tigers of Tamil Eelam operates have
turned in to training grounds for terrorists. And
if the US media reports in October 2004 are to be
believed, Osama bin Laden had even a sanctuary in
People's Republic of China! The Chinese are said
to have bouyat peace with Osama in return for
pacifying muslims in the Xinjiang Autonomous
region of China.
In countries like
Pakistan, the situation is far more complicated.
A section of the ruling elite in Islamabad
consider it is their solemn duty to support
organizations like al Qaida and Taliban. They
perceive that the US led war on terrorism in
reality is war against Islam. Now intelligence
official across the globe accepts that Federally
Administered Tribal Areas of Pakistan are
providing safe havens to all terror outfits. If
one goes by the captured terrorists and their
hideouts, they are spread over right across
Pakistan, whether it is Karachi, or Peshawar, or
Multan or Lahore. And Pakistani media is full of
reports about reopening of terrorist training
camps in Pakistan from this April. No one has a
clear answer why till today either Pakistani
authorities or the US, though operating under new
names does not dismantle organizations like
Lashkar-e-Toyaba and Jaish e-Mohammad.
At another level,
after the intial success in the war against
terrorism, the US starting the Iraq war in March
2003 shifted the whole focus. The war in Iraq
proved to be another rallying point to the al
Qaida brand Islamic radicals. The US might have
succeeded in effecting a regime change in
Baghdad; but the Islamic radicals managed to
plunge Iraq in to a civil war and demonstrated to
the Islamic world how ineffective the US
intervention could be.
As the civil war
like situation in Iraq is unfolding, attacks on
the new regime in Afghanistan also started. This
signals the Islamic radicals are reenacting the
war against the Red Army of the former Soviet
Union in 1980s, in Iraq and Afghanistan.
If a repeat 1980s
of Afghanistan takes place in Iraq, the radical
Islamic groups like, al Qaida can claim that it
had perfected the technique to confront the
"infidel" (US)
Still at another
level the financial support to Islamic radicals
got further strengthened with covert patronage
they have been receiving from some sovereign
states like Pakistan and affluent in the Islamic
world. With entire arms and ammunition of the
Iraqi armed forces under Saddam Hussein are now
freely available in the entire Islamic world,
there is no paucity of weapons to fight the
adversary in their territory.
Therefore, the
strategy to fight terrorism has gone hay ware.
And it appears with the opportunities provided by
Iraq war, to fight the adversary, the Islamic
radicals have regrouped themselves and launched
fresh attacks in the western Hemisphere. The
London bomb blasts appears to be the first, and
one can anticipate some more in the coming weeks
in other places.
In these
circumstances what are India's options. Atal
Behari Vajpayee, when he was prime Minister,
almost disappointed with the attitude of US led
war on terrorism after 9/11. He declared publicly
that every country has to find on its own ways
and means to combat terrorism. Indian policy of
building fences all along the Indo-Pak border,
better surveillance and intelligence coordination
has neutralized many high profile terrorist
attacks like London bomb blasts, the most recent
being terrorist attacks on Ram Janambhoomi -
Babri Masjid disputed site at Ayodhya, two days
before London bomb blasts. In all these cases,
terrorists failed to succeed because the Security
Forces response was quick and decisive.
The Indian
strategy, thus appears to be three fold:
Punish the people
indulging in terrorism
Make it abundantly
clear to the sovereign state supporting terrorism
and violence through civilised channels that they
cannot succeed; and
Create awareness
among the international community about states
and people supporting and indulging in terrorism
and violence.
In the short run
this may result in projecting India as a soft
state; but in the long run terrorism and violence
does manage to stay with in manageable limits.
And over the years terrorism in principle loses
its relevance.
Therfore, Dr.
Manmohan Singh's plea that there should be
cooperation among civil societies across the
globe, and for a coordinated global effort to
meet the challenges posed by terrorism and
violence appears to be the only way out for
coming out of vicious circle on terrorism. The
earlier such an exercise started the better.
Otherwise London bomb blasts like situations
continue to take place as long as there are wars
like one in Iraq and Afghanistan. -CNF
|
 |
Repeal
J&K Right to information act
By Dr Kulwant Singh
On the 15 June,
the President gave assent to the Central
Government's ground-breaking Right to Information
Act of 2005. This Act, notified in the Gazette of
India on 21 June, gives the citizens of India the
right to request and receive public records from
the Central Government so that they may hold
government services and their bureaucrats
responsible for their actions and inactions. As
the Preamble to the Act eloquently observes:
"democracy requires an informed citizenry
and transparency of information which are vital
to its functioning and also to contain corruption
and to hold Governments and their
instrumentalities accountable to the
governed."
It is laudable the
Parliament and the Central Government have
officially recognized the importance of
transparency in the Government. It is also
laudable that the Central Government has now
institutionalized the fundamental right of its
citizens to obtain public records that would
otherwise remain cloaked in the secrecy of the
bureaucracy. Several states also deserve
recognition for their earlier initiatives: Tamil
Nadu and Goa passed such an act in 1997,
Rajasthan and Karnataka in 2000, Delhi in 2001,
Maharashtra and Assam in 2002, and Madhya Pradesh
in 2003.
Unfortunately,
nearly a decade after the Right to Information
Act movement was launched across India, the
Government of Jammu & Kashmir still does not
have a meaningful Right to Information Act! On 5
January 2004, the Governor gave assent to the
Jammu & Kashmir Right to Information Act of
2004, which was duly notified in the Gazette on 7
January 2004. However, the Rules were not issued
for 18 months, rendering the Act nothing more
than a scrap of paper! Only recently, on 30 June,
the General Administration Department issued the
Rules (SRO 181), which are expected to appear in
the Gazette later this month, thereby enforcing
the Act.
More importantly,
however, the Jammu & Kashmir Right to
Information act is a meaningless piece of
legislation due to severe legal deficiencies. The
Jammu & Kashmir Right to Information Act of
2004 was based upon the Central Government's
moribund Freedom of Information Act of 2002,
which lacked a) proper assignment of
responsibility to bureaucrats, b) a proper
appeals process against denial-of-requests, c) a
direct penalty clause for officers who illegally
withhold public information, and even lacked d) a
proper notification in the Gazette of India. The
Central Freedom of Information Act was so defunct
that it was widely criticized in the media and by
NGOs, and was later replaced earlier this year
with the new Right to Information Act of 2005.
Similarly, the
Jammu & Kashmir Right to Information Act of
2004 does not contain a proper appeals process or
a direct penalty clause. For example, the J&K
Right to Information Act of 2004 simply states
that first appeals lie with the "controlling
officer" of the concerned department, while
second appeals shall lie with "the
Government" [Sec. 9(1) and (2)]. It is
absurd to presuppose that such an appeals process
will favor the interests of the citizens of
J&K, especially when there are vested
bureaucratic interests within each department
against the release of public information.
In another
example, the J&K Right to Information Act of
2004 states that officers who fail to provide the
requested information in the stipulated timeframe
will be "liable, after such inquiry as may
be required under rules pertaining to
disciplinary action applicable to him, for
imposition of such penalty as may be determined
by the disciplinary authority under such
rules" [Sec. 12]. Again, the burden is
placed on the citizen to punish a law-breaking
bureaucrat by seeking punishment through
J&K's extraordinarily cumbersome and biased
Civil Service Rules.
In contrast, under
the Central Government's Right to Information Act
of 2005, a citizen seeking information from the
Central Government may submit a form and a
nominal fee to the officially-designated Public
Information Officer of each ministry, department,
or semi-autonomous body. Citizens who are denied
their requests or who do not receive the
requested information within 30 days may appeal
to the specially-constituted, independent,
National Information Commission for reversal
and/or punishment of the concerned officers (viz.
Rs. 250 for each day of delay, with additional
fines up to Rs. 25,000 as well as disciplinary
action).
The Act also
instructs the States to constitute State
Information Commissions to review these requests
at the State level. Already, the Governments of
Goa and Karnataka have agreed to scrap their old
laws in favour of the new Act, while Orissa and
Meghalaya have agreed to implement the Central
Act as their first Right to Information Acts.
Meanwhile, there are media reports Delhi and
Maharashtra plan to amend their old acts to
conform with the new Act. Repeal J&K Right to
information act
Therefore, it is
high time for the Government of Jammu &
Kashmir to follow the example set by the Central
Government and these states by repealing the old,
moribund, J&K Right to Information Act of
2004, and implementing the new Central Act of
2005. The citizens of Jammu & Kashmir deserve
at least this much accountability from their
Government.
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