Daily Excelsior... Editorial

EDITORIAL

Threat remains

Death in hills

The nuclear deal

By Arun Nehru

China's clandestine
nuclear proliferation

By Srikanth Kondapalli

Will death penalty stop
kidnappers?

By Sondip Bhattacharya

The crime statistics released by the Union Home Ministry for 2004-05 (for 10 months) reveal that 48476 men, women and children were kidnapped, and 2754 were done to death, 939 were released after paying ransom, and what happened to the rest, nobody really knows. Such macabre happenings have. ... ....more

EDITORIAL

Threat remains

It is unfortunate that there is no encouraging news yet for New Delhi from across the Line of Control. Terrorist camps in Muzaffarabad and elsewhere in "Azad" Kashmir, as the occupied territory is locally known, have not yet been dismantled. These continue to exist in Pakistan's border areas adjoining Afghanistan as well. Responsible sections of the Pakistani media meaning well by their country have expressed concern over such state of affairs. We in this State and country have our own reasons to worry on this count. Union Home Minister Shivraj V. Patil has minced no words while highlighting the situation as it exists at present. Speaking during question-hour in the Rajya Sabha on Wednesday he has understandably expressed his dismay over the absence of requisite response from Pakistan. He recalled that the information about the existence of terrorist training camps including their location was passed on to Pakistan but the "results have not been satisfactory…we are not satisfied." According to him, the neighbouring country's intelligence agency, Inter-Services Intelligence, continues to provide "directions" and "logistics" support to terrorist groups like Lashkar-e-Toiba active in India. This ill-intentioned assistance includes recruitment, arms training and funds to not only LeT but also to Jaish-e-Mohammad, Hizbul Mujahideen and Al-Badr for keeping the pot boiling in Jammu and Kashmir. Mr Patil has been categorical in stating that ISI "continues to remunerate terrorists for attacks on security forces and political leaders. The serial grenade attacks on April 14 and July 11, 2006 in Srinagar city and killing of tourists are reportedly the result of directives received by the terrorist outfits from across the border." We in this State will confirm every word of what Mr Patil has said. Having undergone a miserable experience we can possibly add much more by way of our woes. We have suffered the loss of many distinguished sons of soil at the hands of the remote-controlled terror machine. To our utter bad luck our own boys had their minds poisoned. They were misguided to the extent that not only they set their own picturesque home on fire but also went for each other with guns that did not belong to them (One has just to recall the fierce encounters between the Jammu-Kashmir Liberation Front and Hizbul Mujahideen in the early 1990s). It is a matter of some relief that they have become wiser to the fact that they had been taken for a ride.

Clearly, however, the threat remains to our lives as well as unity and sovereignty. It will be in our interest to come to terms with the grim reality that the menace is now part of a vicious global agenda motivated by rabid religious sentiments. The only silver lining is that an overwhelming majority of young persons has moved away from it. But, as it seems, a good number of outsiders have come out in the open. Some of them had obviously infiltrated long ago but kept a low profile so far taking advantage of local human shields they had managed to forge. A few others appear to have stepped in through the LoC or open border with Nepal. These foreign mercenaries are simply ruthless. It is evident from their brutal method of chopping off limbs of people. They have not spared school-going girls and women either while carrying out beastly deeds.

Pakistan's motive in operating the terror apparatus is apparent. It has not been able to forget the pernicious two-nation theory. This is despite the stunning failure of this hypothesis. A united Pakistan has already split into two countries and it must see the disadvantage of unnecessarily needling its neighbours. It will not serve its purpose to maintain a covetous eye on this State. It must understand from its Kargil adventure that any pressure tactic against this country will boomerang on it. It is amazing that Pakistan refuses to learn from the ill-effect of terrorism. Of all the leaders Gen Pervez Musharraf himself had nearly come within its ferocious clutches. The General keeps on grumbling against terrorism, sectarianism and extremism. What is increasingly clear is that he is merely paying a lip service in this behalf. In actual terms he is doing little to uproot the three-headed monster. On the other hand, one gets the impression as if he is deliberately allowing these sins to thrive under his nose. This is a suicidal tendency. He harps on "enlightened moderation" while actually digging its grave. A better course for Pakistan will be to rid itself of the cancer of terrorism. In any event it should not give any cause of complaint to us in this country. Pakistan must see the gain that the peace process has yielded during the last more than two years. Its contribution in this regard has been laudable. Why does it want to spoil a feel-good environment? It must positively respond to the sane advice about shedding the dubious reputation of being a sanctuary of Mafia dons and terrorists. Its present denial mode can be self-defeating.

Death in hills

What should one make out of it? Despite a review at the highest level in the State the death continues to stalk our hilly regions in the form of road accidents. The latest sad news is from Rajouri district. Again the lack of traffic surveillance has done the harm. Unscrupulous operators managed to overload a passenger bus. It skidded off the road and plunged into a deep gorge at Sain Ganji Ziarat. At least 16 persons were killed and 35 were injured in the tragic mishap. Reports say that the driver lost control while he was trying to negotiate a sharp turn. This happened because of the dilapidated condition of the vehicle. Nine persons were killed on the spot. The incidents like these in Rajouri, Poonch and Doda districts are quite frequent. Whenever these take place the loss of precious lives is always very high. Travellers hardly get any time to recover as they roll down into ravines along with the vehicle at a fast speed. A worse fate awaits them if a river below as it is in Doda is in full fury. Undoubtedly such happenings have to be substantially reduced. But this is possible only if everybody concerned especially the official machinery is sincere. Each of these shocking occurrences follows tough talk against errant persons. There are suspensions too. Appraisal meetings are held. Such exercises may be necessary. But why don't these answer the relevant questions? Buses carry more people than these are meant to hold. Drivers lose their way almost as a matter of routine. Old vehicles remain in use. Why?

The nuclear deal

By Arun Nehru

The debate on the Nuclear issue was rather tame and clearly the Prime Minister and the Government are doing the right thing and on this issue there is little need to fire 'blanks' in the air [Left parties] and if we look at the political and economic benefits from this arrangement then logic indicates that a political consensus is necessary. The Nuclear deal has many advantages to both sides but the critical factor is the energy security we require for the future. We are going to have a constant battle for the next two decades on building our infrastructure and to match a 8-9 percent growth rate we need 'energy' and without this deal this is just not possible. Look at the energy situation around the country and see the hundreds and thousands of crores we spend on diesel and petrol on generators to run our industrial establishments and sadly even today we have to live with 2-4 hrs of power cuts in Delhi [much worse in other states]. The Nuclear benefits should be explained in 'simplistic' terms and this will be easy to understand and clearly in a 'open' global society where benefits from trade and commerce give us a chance to attain super power status we cannot ignore the global reality and the 'window of opportunity' which has come our way. The government both at the Center and in the States must devote 125 percent of its time to infrastructure [roads, bridges, ports, airports, energy, rail and air facilities] and reforming our archaic laws on land holdings and building laws and let Indian enterprise and skill do the rest and I have not the slighted hesitation in stating that we will prove all Western estimates wrong in terms of growth patterns. We are used to working under severe 'restraints' [still generate 8 percent plus growth] and imagine a situation where we have surplus energy with a infrastructure to match and the largest human resources in terms of trained manpower available to capitalize on the global opportunities. We need Nuclear power plants and we need them 'quickly' and what we achieve in the next decade is dependant on the decisions we take today. Prime Minister Manmohan Singh should be supported on this initiative by all political parties. The Supreme Court has today taken a very strong stand on the energy shortage in the country and hopefully they will persist with this critical area of development. Power projects in the Thermal, Hydel or Nuclear field have long gestation periods and require constant monitoring and accountability and clearly political will, accountability and very strong handling is required to produce results.

I am rather amused by the 'financial reports' from certain experts in the stock market and most have been predicting 'sharp' corrections and many were indicating that the markets will dip to levels of 9,000 and I wonder if this is being done deliberately to generate buying opportunities for multi national holdings. The market is currently at 11,400 and I think it can still move to a higher level. There are no shortage of negatives in a growing economy and these are visible [bad roads, potholes, flight and train delays, flooding the list can go on and on] but month after month the growth figures increase and the next quarter may well produce superb profit and cash flows and many who considered the Indian market very 'expensive' are now buying at much higher levels and clearly they will benefit in the near future. We are called a 'developing' economy [emerging market] but how many in our category acquire 18 billion dollars [85,000 crores] in overseas acquisitions in a single year? We have the human resources and we have a favorable demographic balance and a hunger to succeed and many who only see negatives in the situation are missing the 'positives' for the future. Miracles do not exist but a middle class of 300 million can well go up further to 400 million in the next decade and this is more than the total population of most countries [China is the exception]. Decisions at the highest level are rarely taken by statistics but by 'political feel' and the 'feeling' is positive. The stock market is full of 'dancing bears' and 'raging bulls' and I cannot claim to understand how it functions but I think we will do rather well in terms of GDP growth but in a global economy the market movements depend on many variable factors in the international arena. There are many positives and negatives in any situation but for us as a economy the priority must be on 'infrastructure' and power generation has to head the list of requirements.

Life in Mehrauli is becoming rather difficult. Last year the main road was repaired and looked new but in a year and after a handful of showers we had potholes which turned into large craters and now many parts have just disappeared and no one seems to be concerned. Garbage is piled all over the place and all we have is a excess of motels, banquet halls and institutes of learning which are sprouting in all directions whilst electricity [things had improved] has also deteriorated and there are power cuts at all times of the day and even at night. The Law courts have come to the rescue of citizens in Bangalore and Mumbai and I think it would be a wonderful idea if judges of the Supreme Court and the High Court could live in different area's of the city in Delhi and we may not have a problem in the future. We also in the vicinity have huge skeletal remains of buildings which have been partially demolished covered somewhat with blue waterproof cloth and a security guard indicates to all concerned that the structures are dangerous. A pathetic situation and things have never really been so bad. The only thing which continues to rise are the land prices and I think the time has come to use the Right of Information bill to get some accountability into the system.

China's clandestine nuclear proliferation

By Srikanth Kondapalli

Although (Weapons of Mass Destruction) WMD transfers to Iran date back to the 1980s, recent events have highlighted the challenges of such transfers. Iran's quest for WMD began during the Shah's times and continued after the Islamic Revolution of 1979, with a brief lull during the Iran-Iraq war. China, North Korea and Russia have reportedly aided Iran in this effort. Nearly 10,000 Russians in Iran helped the latter to develop its WMD capabilities. However, China also had a major share in the Iranian WMD acquisitons. Indeed, China's role in the Iranian acquisitions is considered to be crucial. China has reportedly supplied a range of WMD equipment, systems or technologies to Iran over a period of time. These include nuclear materials or technologies, ballistic missiles or parts, technologies, cruise missiles, chemical and biological weapons.

Nuclear Transfers

In 1985, it was reported that China and Iran secretly agreed for nuclear cooperation. During its war with Iraq, two nuclear reactors at Bushehr were damaged by Iraqi air attacks in 1987 and 1988. Iran wanted these to be repaired and reconstructed. Possible suppliers appeared in China and Russia. In 1988, Iran reportedly sent 15 nuclear engineers from Isfahan nuclear centre to China for training. China concluded agreements with Iran in 1989, 1991 and 1992 to provide nuclear technology. In July 1991, premier Li Peng visited Isfahan nuclear facility to meet Chinese scientists working there. In September 1992, visiting Iranian president Rafsanjani signed an agreement on nuclear energy cooperation in Beijing. China and Iran announced that Beijing will help Iran to build a nuclear power plant. In February 1993 China and Iran agreed to build two 300 MW nuclear plants in southern Iran. China reportedly helped in Iran build the conversion of uranium hexafluoride (UF6) gas at Isfahan complex in the 1990s but reportedly cancelled the contract. China may have backtracked from the deal wrangling over the price, and /or Israeli and US pressures from 1997. However, other reports indicated to its continuing role in the building of Iranian nuclear programme. China reportedly transferred several tonnes of hydrofluoric acid to Isfahan facility in 1998. In 1999, China Non-metallic Minerals Industrial Import/Export Corporation reportedly negotiated with Iranian Atomic Energy Organization on the construction of a plant to produce graphite. Although China has declared that its supplies to Iran are for peaceful purposes and that these are under the IAEA safeguards, it was reported that several Chinese supplied equipment, materials or training was used by Iran for its weapon quest. Chinese technicians reportedly built a calutron for enriching uranium at Karaj in Iran that is not under the IAEA safeguards. The Kalaye Electric Company in Iran had reportedly conducted testing of the centrifuges from 1999-2002 using about 1.9 kg of uranium hexafluoride gas that it imported from China in 1991.

Missile Exports

China's ballistic and cruise missile exports to Iran have further added fuel to the inferno in the West Asian region. Although China has argued, like in its nuclear transfers, that these transfers abide by the MTCR regulations and that these are only for "defensive" needs of the recipient country, facts indicated to a different picture. Iran's Scud-series of missiles, apart from the Pakistani and North Korean connections, have Chinese imprints, specifically in several equipments and technologies or training imparted. Iranian Tondar 69, solid-fuel missile of a range of 150 km, is believed to have been supplied by China. China has also supplied several C-801 and C-802 series of cruise missiles to Iran for the last two decades.

The US pressure on curbing China's missile exports to Iran may have had some impact over a period of time, although there is no concrete evidence to prove if China has reversed its transfers altogether. In 1994, the joint agreement between the US and China mentioned about the "step-by-step approach" in curbing missile exports. Chinese Foreign Minister Qian Qichen reportedly pledged to US Secretary of State Madeleine albright, prior to the visit of Jiang Zemin to US in 1997, to stop selling C-801s and C-802s cruise missiles and nuclear technology to Iran. With increasing international criticism of its missile transfer record, China appears to have chosen a different method in its transfers, specifically as it has agreed to the Missile Technology Control Regime in 1992. It appears that to circumvent the MTCR rules, instead of equipment, China started to in part training in the making of missiles to countries including Iran. In 1996, China reportedly supplied Iran's Defense Industries Organization with gyroscopes, accelerometers, and test equipment, which could be used to build and test components for missile guidance. In 1997, China Great Wall Industry Corp. reportedly provided telemetry equipment for use in Iranian flight-tests of Shahab-3 and Shahab-4 missiles. Chinese technicains reportedly went to Iran in May 1997 to monitor a ground test of a rocket for a missile which is speculated to be either Nazeat-10 or Zelzal (Earthquake). In May 1998, China reportedly transferred 1,000 tonnes of high-grade steel to Iran that could be used in the production of missiles. On July 22, 1998 Iran successfully tested its first missile (Shahab-3) with a range of 1,300 kilometres. In 1999, China reportedly sold Iran with high grade steel in making missiles to Iran. In 2001, China North Industries Corp. reportedly sold metals and chemicals for missile production to Iran. By late 2004 Iranian Revolutionary Guard Corps reportedly integrated a Chinese missile navigation system into the Shibab-3 missile. Despite the imposition of US sanctions on Chinese firms, these transfers remained unabated.

Chemical Weapons Transfers

China's transfers of chemical and biological weapons to Iran are also of concern to the regional security aspects. Iran's chemical weapons stockpile reportedly includes sarin and mustard gas, cyanide and phosgene. Reports indicated to the Iranian attempt to acquire biological weapons as well through clandestine activity although it is a signatory to the Biological and Toxic Weapons Convention. Iran ratified the Chemical Weapons Convention in 1997.

While China's transfers of chemical and biological weapons to Iran were reported in the 1980s, concrete evidence is available for the 1990s. In 1993, a Chinese vessel Yin He, suspected to be carrying chemical precursors, was forced by the US for inspections. In 1996 China delivered two tonnes of calcium hypochlorate (used for decontamination). Early 1997 saw Chinese supply of additional 40,000 barrels of this chemical. In November 1996 it was reported that China sold about 400 metric tons of chemicals used in the production of nerve agents and riot-control and tear gas to an Iranian chemical centre. In 1997, Nanjing Chemical and Industrial Group built a factory in Iran that is useful in the production of equipment for chemical weapons. Reportedly, North Chemical Industries Corporation (NOCINCO) was also involved in the deal. On May 21, 1997, the US imposed sanctions on two Chinese companies, five citizens, and a Hong Kong company on charges of chemical weapon proliferation to Iran. In April 1998, Chinese Tianjin branch of Sino Chem Corp reportedly supplied 500 tonnes of phosphorous pentasulphide useful in the making of VX nerve gas. The US Government in January 16, 2002 imposed two-year restrictions, under the Iran Nonproliferation Act of 2000, on Liyang Chemical Equipment company, China Machinery and Electric Equipment Import/Export Company, and on Q.C. Chen for supply of chemical and biological weapons to Iran. CNF

Will death penalty stop kidnappers?

By Sondip Bhattacharya

The debate centres round: should kidnappers be awarded capital punishment? This question is being asked by an outraged citizenry with increasing frequency as more and more kidnappings and abductions continue to take place in the country. As the number of unresolved cases grows, the demand of death penalty too acquires greater intensity.

Surprisingly, not many are aware that there does exist a law which provides death penalty for those who kidnap and demand ransom. But the existence of the law on the statute book seems to have made little difference. On May 22, 1993, Parliament adopted a bill strengthening the existing laws on kidnapping. The new law made kidnapping for ransom a crime punishable with death or life imprisonment. Earlier, there were no separate provisions for dealing with kidnapping for ransom. Abduction was punishable by a 10-year sentence or fine. The new law made kidnapping for ransom a cognisable, non-bailable offence with the trial to be held in session’s court.

According to Section 364 (A) of the Indian Penal code (IPC), "whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt, or causes hurt or death to such person in order to compel the government or any other person to do or abstain from doing any act or to pay a ransom shall be punishable with death or imprisonment for life and shall be liable to fine."

In addition to this amendment, a new section has also been added to Section 39 of the Criminal Procedure Code which specifically deals with persons who associate themselves with kidnappers or are aware of the crime. The Code makes it clear that "every person aware of the commission of, or of the intention of any other person to commit any offence punishable under any other section of the IPC, shall be in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest magistrate or police officer of such commission or such intention."

Yet, not many have confidence in law, especially those who have taken to it as a profession. "What has the amendment of the law achieved? If the rising number of kidnapping cases, especially last year, is taken as criterion, then it is obvious that even the amended law has made very little difference," says Usha Krishnamurthy, senior advocate in the Supreme Court.

The argument that death penalty alone is the answer is scoffed at by sociologists as well. Ashish Nandy says death penalty for kidnapping for ransom makes "very little sense" to him. "What we are witnessing is a standard urban crime situation. Our city life has become a melting pot. The situation is like drug-trafficking. Has death penalty made any difference to those who indulge is drug trafficking?" he asks.

So far, the judges have awarded kidnappers death penalty in rarest of rare cases. For example, in Delhi, it was only because of public hue and cry that the notorious kidnappers Ranga and Billa were actually hanged to death. Since then, not a single person has been hanged to death for kidnapping. As Krishnamurthy observes: "The Indian judicial system provides for death penalty in very rare cases. Normally death sentence is given to a person who commits a gruesome murder. Even in such cases normally life imprisonment is the maximum punishment. Death penalty is also provided in cases related to treason and waging a war against the state. Death penalty for kidnapping for ransom? No way!

Such anomalies annoy even the police. The former Delhi Police Commissioner M.B. Kaushal wants speedy trials and feels that the law has to be tough with kidnappers. "Even when we go to court after solving the case, it takes anywhere between five to ten years for a verdict. Many times, kidnappers are let off on bail and they intimidate the victims to remain silent. Many terrorised victims then withdraw cases as well. I feel that there should be a minimum deterrent punishment. Of course the maximum penalty should be death," he says.

Kaushal has a point. Statistics with the Delhi police reveal that acquittal rate is as high as 80 per cent. Besides one out of three cases that are reported since 2000 are still pending trial. Meantime the main accused in these cases are all on bail. The extent of delay in trial can be gauged from the fact that in spite of the fact 830 cases of kidnapping took place in 2003, only four accused have been convicted so far. Similarly, in 2002, out of 941 cases, accused in only six cases have been convicted.

On the other hand, those who feel that death penalty is the only answer for cases relating to kidnapping for ransom feel that even one death sentence will send a signal to potential kidnappers. As shubhra. Sanyal Ghosh, faculty member, National Institute of Criminology and Forensic Science, explains, "India is a welfare state unlike the West Asian countries. The concept of death penalty, even though legal, is rarely put into practice. On the other hand, the redressal system for legal justice is weak and very time consuming. Death penalty and dispensation of quicker justice by the judicial system should send a powerful message to kidnappers who are out to make quick money."

Mr. Sushil Kumar Jain, a Supreme Court lawyer, could not agree more. "What is the other remedy?" he asks. "Criminals have a notion that they can get away with the kidnapping. Both our police and judiciary should be blamed for this belief.

At least, by awarding death penalty for gruesome murders of kidnapped children, the judiciary will be sending a message that such crimes will not be tolerated in our society," Jain says forcefully.

While death penalty may send a message to potential kidnapers, what is really needed is a speedy and effective judicial system along with an equally competent police. Perhaps, then, innocent children like Rashi Kurkreja or Ajay Gupta will not be sacrificed at the altar of greed. INAV