EDITORIAL
Find
a way out
A notification enforcing
SRO-43 was issued on February 22, 1994 to govern the
Jammu and Kashmir (Compassionate Appointment) Rules 1994
retrospectively from September 24, 1991. It was recast
twice in 1995 and once as recently as in 2006 to widen
its scope. In its existing form it provides for giving a
job to a person who is a family member of a government
employee or a member of the Armed Forces not above the
rank of junior commissioned officer or a member of
paramilitary forces of equivalent rank who is killed
while discharging duties in connection with the law and
order in the State or as a result of enemy action on the
Line of Control/International Border. In the case of
government employees the relief is granted to both those
killed in militancy-related action or in harness
otherwise. The provision is applicable only to permanent
residents of the State. Lest there was ,,......more
Is
anyone listening?
Lok Sabha Speaker Somnath
Chatterjee's latest anguished comment in the House should
make all of us sit up and take notice. Obviously angry
because of repeated disruption of proceedings, he has
pulled up the members: "You are all working overtime
to finish democracy in this country." He has
observed: "It is matter of great sorrow...on the one
hand, you are asking for more sittings
so many
notices have been given by so many honourable members.
These .........more
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Populist
budget minus economic prudence
By Ramesh Kanitkar
Just as there
is no such thing as pure politics, pure economics belongs
to the realm of Utopia. In real life, we live in the
framework of a political economy. Hence, there can be no
politics without economics and no economics without
politics. Politics takes precedence over economics when
you present a budget just before an election year.
Finance Minister Mr. P. Chidambaram ...more
Danger
of de-population rather than over population
By Jyotsna Pandit
The
'population explosion' in developing countries was till
recently considered a severe constraint on growth and
development. China's mandatory one-child norm and India's
'sterilisation' drive were predicated on this view.
Population control policies still exist, but hardly .......more
Legal
captives
By Ramesh Pandita &
Meenakshi Koul
This reminds
me the words of Rosseau that 'Man is born free, but he is
everywhere in chains'. How true this stands, that despite
having everything at our hand, whether in the form of
being learned and educated, with all good senses to
assess all good and bad . .....more
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EDITORIAL
Find a way out
A notification enforcing
SRO-43 was issued on February 22, 1994 to govern the
Jammu and Kashmir (Compassionate Appointment) Rules 1994
retrospectively from September 24, 1991. It was recast
twice in 1995 and once as recently as in 2006 to widen
its scope. In its existing form it provides for giving a
job to a person who is a family member of a government
employee or a member of the Armed Forces not above the
rank of junior commissioned officer or a member of
paramilitary forces of equivalent rank who is killed
while discharging duties in connection with the law and
order in the State or as a result of enemy action on the
Line of Control/International Border. In the case of
government employees the relief is granted to both those
killed in militancy-related action or in harness
otherwise. The provision is applicable only to permanent
residents of the State. Lest there was any confusion the
family members have been defined as spouse, son,
daughter, adopted son, adopted daughter, sister or
brother dependent on the deceased. They are eligible for
appointment against a vacancy in the lowest rank of
non-gazetted service or Class IV post having
qualification as prescribed under the relevant
Recruitment Rules. Higher authorities can make certain
relaxations but only rarely. Reports have indicated from
time to time that the scheme has suffered from practical
difficulties. Either the targeted beneficiaries are not
eligible or there are not enough posts available. A
report in this newspaper some time last year had quoted
the Government sources as having made plans to do away
with the provision of giving employment to relatives of
victims. Two reasons were cited for this: (1) shortage of
posts, and (2) infighting among dependents for claiming
the concession. Instead, the Government, it was said,
wanted to implement a new rule (recommended by one of the
five Working Groups set up by the Prime Minister)
providing for a compensation of Rs 5 lakhs "to be
equally distributed among all dependents". The
principle of even distribution was evolved as some widows
were found to have secured jobs as well as collected the
permissible Rs 1 lakh cash payment and married again
leaving the "parents of victims high and dry".
Around the same time
another report had mentioned statistics to drive home the
slow functioning of the plan. According to it 2370 people
had been appointed from 1994 to 2003 while 2800
applications were pending. Now we have another piece of
information in front of us. It says that 3686 matters are
still awaiting disposal by the Government under SRO-43.
This is after settling 826 cases during the last three
years at which pace it may take longer than a decade to
clear the existing arrears leave alone the new cases that
may come up in the intervening period. Except Reasi, Leh
and Kargil all districts are affected. Not surprisingly,
Kupwara district, which has earned the dubious reputation
of being the gateway of militancy, tops the list of
SRO-43 applicants.
Having promised employment
the Government evidently is up against non-availability
of requisite avenues. Once again it has hinted that it
may go in for bigger financial reimbursement packet
altogether dropping the provision of giving work. A way
must be found out to stop lengthening of the catalogue of
hopefuls.
Is anyone listening?
Lok Sabha Speaker Somnath
Chatterjee's latest anguished comment in the House should
make all of us sit up and take notice. Obviously angry
because of repeated disruption of proceedings, he has
pulled up the members: "You are all working overtime
to finish democracy in this country." He has
observed: "It is matter of great sorrow...on the one
hand, you are asking for more sittings
so many
notices have been given by so many honourable members.
These important matters cannot be discussed." He has
regretted that the members are not willing to work.
Admittedly, this is not the first time that Mr Chatterjee
has spoken in this vein. Time and again he has sought to
remind the members about their responsibility towards the
House, the country and its people. It is also true that
he is not the first presiding officer to do so. In recent
years our legislatures have been exposed to a lot of
indiscipline. Members walk into the well at their sweet
will. They shout slogans, damage equipment and go to the
extent of assaulting one another. It seems as if they
feel that the legislatures are forums for testing lung or
muscle power. In this milieu it should hardly be
surprising that they don't observe even the minimum
courtesy of going back to their seats the moment the
presiding officer gets up to make an observation. In our
State one presiding officer was virtually evicted from
his seat. A legislature is a platform for a reasoned
debate in order to address grievances of the ordinary
citizens. Instead, it has become a platform for scoring
political points with an eye on building new or
strengthening the existing vote citadels. It is,
therefore, very necessary that Parliamentarians are
always reminded of their exact role. This makes it
incumbent upon us to seriously view the Speaker's
relevant remarks and disseminate them for the benefit of
all. It ought to be done with the hope that the concerned
players would wake up and apply necessary correctives
sooner rather than later. Legislatures have to function
as instrumentalities of accountability for the sake of
the masses. Their ability in this respect has suffered
further erosion over the years with the instances like
cash-for-query scams Late United States Chief Justice
Earl Warren has made an apt statement: "Legislators
represent people, not trees or acres. Legislators are
elected by voters, not farms or cities or economic
interests." Does it not explain everything?
Mr Subhash C. Kashyap, a
former Secretary-General of the Lok Sabha, has noted:
"The number of days on which the Houses of
Parliament sit each year and the time that is devoted to
transacting business has come down considerably in recent
years. Even when they do meet, often little gets done. In
the face of disturbances and shouting, the Houses have to
be adjourned frequently
law-making has ceased to be
even the most important of its functions either
qualitatively or quantitatively. From about 48 per cent,
it has come down to occupy less than 13 per cent of its
time
This was so during the BJP-led government and
it is the same under UPA." We need to reverse this
trend. The majesty of Parliament has to be restored at
all costs. Has Mr Chatterjee not underlined this
important point again?

Populist
budget minus economic prudence
By Ramesh Kanitkar
Just
as there is no such thing as pure politics, pure
economics belongs to the realm of Utopia. In real
life, we live in the framework of a political
economy. Hence, there can be no politics without
economics and no economics without politics.
Politics takes precedence over economics when you
present a budget just before an election year.
Finance Minister Mr. P. Chidambaram could not
have avoided that. He has, therefore, done a
balancing act.
The
economic well-being of a state and its people is
based on continued growth, price stability and
equitable distribution. When all are under
threat, corrective steps are needed. The most
radical step in the 2008 Budget is the proposed
loan write-off for marginal and small farmers.
The amount, almost 30 per cent of the total
agricultural loans outstanding in the banking
system, ultimately will be paid for by the
exchequer-which is all the people who pay taxes,
whether income tax, excise or customs duties. It
is a moot point to debate whether this is
achieved through write-offs or through tax
concessions, since directed write-offs run the
risk of moral hazard.
Budgets
are an expression of political choices, and this
one represents Congress leadership's desire to
win assembly polls in major states and retain
power at the Centre by reclaiming the "aam
aadmi" plank and preserving the broad
coalition that helped it come to office in 2004.
The
debt waiver may be the chief populist device, but
the government has dutifully carried out Congress
President, Mrs. Sonia Gandhi's brief to reach out
to politically crucial constituencies by other
means as well. Increased subsidy for houses under
the immensely popular Indira Awas Yojana, welfare
schemes for workers in unorganised sector,
special measures for SCs/STs and minorities, a
new deal for senior citizens and women-Finance
Minister P. Chidambaram's panoply is really
broad. Add to this I-T relief for the middle
class, clear indication that government would
implement the recommendations of the Sixth Pay
Commission, and the Budget fits the
"please-all" tag.
Politically,
it can help coalition managers claim that they
have redeemed the aam aadmi ke saath pledge,
obscuring the gap between UPA's performance and
soaring pro-poor rhetoric that helped them best
the BJP-led NDA. Congress was already busy
milking the debt waiver with Mrs. Sonia Gandhi
appearing at a thanks-giving show choreographed
by party managers who had bussed in crowds from
Haryana even before Chidambaram had revealed the
"Budget secret".
Importantly,
the first celebration took place even before the
Budget had been presented when a Congress
delegation noisily celebrated an
"indication" from Prime Minister
Manmohan Singh that Congress chief's
"advice" for relief by way of a farm
sector package would be duly heeded. On February
29, the Prime Minister, said to be usually wary
of the moral hazard that loan waivers represent,
proactively tried to grab some bragging rights
with his office helpfully informing that it was
he who had "done it".
The
volume will be turned high in the coming days as
more delegations are likely to turn up to thank
the Congress leadership. It will not be a
surprise if those from poll-bound states of
Madhya Pradesh, Rajasthan, Karnataka,
Chhattisgarh and Delhi get a few more photo-ops
with Mrs. Sonia Gandhi.
The
Finance Minister's assertion that he was mindful
of the need to keep inflation under check wasn't
the only sign of Mr. Chidambaram being in tune
with party's electoral priorities. The choice of
Rajasthan and Delhi among the launch pads for
Rashtriya Swasthya Bima Yojana can't be a
coincidence when the electoral calculus seems to
govern every decision.
The
schemes targeted for specific demographics-those
for SCs/STs and minorities-may mark a continuity.
But for Mr. Chidambaram to swear by the
recommendations of Sachar Committee for the
welfare of minorities getting enshrined in the
Budget represent boldness, at least, so far as
Congress is concerned-in the face of BJP's
campaign against "appeasement of
Muslims". The indication last year that
Sachar Committee may have been enshrined as a
principle of governance has proved correct.
Chidambaram's allocations for SCs also may have
been in keeping with the trend of past years. But
by tom-tomming them, he seemed to articulate
fears of his party men over BSP supremo
Mayawati's ambitious plan to raid Congress's
bases outside UP.
Opposition
seemed to acknowledge the shrewdness of the
manoeuvre. The criticism appeared proforma and
dutiful. It also marked a setback to plans to use
farm distress as main weapon in Opposition's
electoral arsenal. UNPA, for one, had made plans
for that and must feel cheated. BJP also has to
rework its plans for the coming state polls where
it will be handicapped with the
"incumbent" status. It is also sure to
take serious note of the attempt to lure the
urban middle class with the help of income-tax
relief in the post-delimitation scene where urban
vote will count for more.
UPA
has clearly taken fresh guard. But in the
process, Finance Minister has also pulled off an
image makeover. During one of the pre-Budget
huddles, Railway Minister Lalu Prasad Yadav had
complained that Mr. Chidambaram's budgets always
end up erasing the "feel good" vibes of
his railway budget. On the V-day, Lalu Prasad's
rail bonanza paled before Chidambaram's populist
inventory.
Opposition
leaders found it difficult to find arguments and
enthusiasm to criticize the Budget, while the
smile on Congress MPs' faces grew bigger and
wider. For, these two mega giveaways-aimed at
urban and rural constituencies-were not the only
sops for vote bases. There were major hikes in
outlays on education, health and the social
sector. The mid-day meal scheme-already the
biggest in the world-will also be extended to
upper primary classes of all government and aided
schools.
Some
of the giveaways-like the excise cut and more
money for the middle class-may have positive
economic effects insofar as they could spur
demand. Some may not. But Mr. Chidambaram didn't
seem as worried about fiscal prudence as about
the electoral spin-offs.
There
are some proposals that sting, but they steer
clear of the "aam aadmi". For instance,
the hike in short-term capital gains tax from 10
per cent to 15 per cent. Businessmen, corporates,
brokers and investors may not be as happy with
the Budget as the middle class, but that the
Congress can live with. In an election year, if
the choice is between those who count their money
in crores and those who number in crores, you
don't have to be a political pundit to get the
choice right. INAV
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Danger
of de-population rather than over population
By Jyotsna Pandit
The
'population explosion' in developing countries
was till recently considered a severe constraint
on growth and development. China's mandatory
one-child norm and India's 'sterilisation' drive
were predicated on this view. Population control
policies still exist, but hardly anybody talks
about the population time bomb any more. Focus
has quietly, but swiftly, shifted to addressing
issues arising out of an ageing society: decline
in the number of workers, pension and welfare
reform, migration and decline in growth rates.
The population time bomb has yielded to
demographic bonus, with babies elevated to the
status of future growth drivers. China's
one-child norm now seems growth threatening while
India's failed 'sterilisation' drive seems
fortuitous!
The
population scare in developing countries
generated by the Club of Rome and scholars like
Paul Ehrlich was preceded centuries ago by
something similar in Europe. As Europe entered
the first stage of demographic transition,
characterised by a sharp fall in death rates
consequent on rapid improvement in public health,
Thomas Malthus argued that human population
growth would soon outstrip food supply, leading
to catastrophic adjustment through war, famine
and pestilence.
This
did not happen. Out-migration to white-settler
colonies provided a partial 'safety valve', but
Malthus was eventually proved wrong because
productivity growth exceeded population growth.
Scholars like Ester Boserup turned Malthus on his
head, arguing that population pressure provided
the creative impulse that boosted agricultural
productivity.
Population
density from the dawn of human evolution never
exceeded more than 2-3 per square mile right up
to the Neolithic Revolution about 10,000 years
ago. Even as man began to grow his own food human
densities beyond fertile river valleys remained
very low as agricultural productivity was low. It
is difficult to imagine today that average
European grains yields were around 1:4 right up
to the end of the Middle Ages. They were slightly
higher in the Low Countries, in the rice growing
regions of Italy, and in southern European which
relied less on meat, devoting more land to cereal
cultivation. The predominantly cereal consuming
rice-growing riverine areas of China and India,
and maize-growing ones of Meso-America, were more
productive, and hence more densely populated. The
west European marriage pattern of late marriage
and high celibacy and resultant lower birth rates
underscored these differences.
Population
density thus adapted to available energy levels,
which did not vary greatly over long periods
since technological improvements were few and far
in between. The demographic pattern was
characterised by high birth and death rates.
Demographic upswings occasioned by a succession
of good seasons were periodically audited by
famine, disease and war since man had limited
control over his environment. Indeed, 'Malthusian
crises' better described pre-industrial societies
where the sharply fluctuating death rate was the
critical equilibrating force keeping population
in check.
This
equilibrator became ineffectual with increasing
food security and improvements in public health
that marked the first stage of demographic
transition. While death rates respond to
technological progress, birth rates adjust to
death rates with a variable 'cultural' time lag.
With rising living standards, life expectancy and
literacy, especially female literacy and
empowerment, birth rates have adjusted so
drastically that most parts of the developed
world face sub-fertility rates and declining
populations in what is described as the second
stage of demographic transition. The third stage,
where population is expected to stabilise after
adjustment, remains elusive.
Sharp
declines in poverty, rising living standards and
female literacy have also sent several developing
countries hurtling towards the second stage of
demographic transition. It is estimated that over
the 20th century population quadrupled, while per
capita GDP quintupled. Global growth has been
unequal, but most parts of the globe have
nevertheless seen a rise in living standards.
However, most developing countries would grey at
far lower per capita incomes compared to OECD
countries, constraining their capacity to
transfer incomes to cope with ageing-related
crises in welfare.
Poverty
and population growth share more in common than
simply positive correlation. Neither seems
capable of direct targeting, except in
non-democratic environments like China.
Democratic India's sterilisation drive was
quickly transformed into 'Family Welfare'
following political catastrophe. Both poverty and
population are however sensitive to 'indirect'
targeting through policies that promote growth,
human productivity and social welfare.
As
food supply continues to outstrip population
growth, the Malthusian case now rests on the
environmental impact of population growth. But
unsustainable growth has less to do with
population per se than with consumption
benchmarks set by rich countries. They also
contribute more to global environmental change
despite their declining population. Others argue
environmental pressure would stimulate
technological solutions for its own abatement.
As
the ageing and welfare crises in the developed
world unravel, migration can be expected to
increase sharply, equalising the global
demographic structure over the long-term. Human
demographic structure has come full circle,
beginning and ending with high dependency ratios
with one crucial difference: while pre-industrial
societies had more infants on account of high
birth and low life expectancy, the dependants in
post-industrial societies consist primarily of
the elderly on account of low birth rates and
high life expectancy. The long-term threat to the
human species may well be de-population rather
than overpopulation.
Migration,
crisis in welfare, declining growth and rise in
age of retirement are well known consequences of
ageing and depopulation. The more intriguing
impact however could be through correctives to
globalisation which is exacerbating inequality
and leaving some countries, especially those in
Africa, behind. On account of the strong positive
correlation between affluence and ageing, poorer
countries will age later, and could become nodes
of growth as more affluent ageing societies slow
down. Secondly, it is widely believed that
globalisation has increased inequality by
increasing the rewards to capital relative to
labour. Ageing could reverse this equation, with
asset prices falling as a growing number of
retirees sell assets to a shrinking base of
workers. INAV
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Legal
captives
By Ramesh Pandita &
Meenakshi Koul
This
reminds me the words of Rosseau that 'Man is born
free, but he is everywhere in chains'. How true
this stands, that despite having everything at
our hand, whether in the form of being learned
and educated, with all good senses to assess all
good and bad and various others, up to the
judiciary, which is there to maintain law and
order for the simple reason to protect human
interests. As all of us have assessed, that there
prevails a threat to human beings from one of the
Gods deadliest creature, which unfortunately also
happens to be a human being and whom we more
often yell as our own brethren, the fellow human
beings, who have become so inhuman, that they do
not hesitate at times in decapitating the head of
fellow humans, where brothers keep a constant eye
on each other with all ill intentions that when
they will find the opportunity to make other one
to be at the receiving end so that even his part
of loaf of bread be grabbed. And strange it may
sound when I will make mention here that the law
also holds the neck of poor, where the mightier
seeks every protection from law and leaves no
leaf of law book unturned to hold the miser with
the clutches of law.
And
how far we are able to protect the human
interests is perhaps not concealed from any body;
as a matter of fact every minute all over the
world, there is Human Rights Violation in one or
the other form. And how far we are able to defend
our Rights and protect our interests is really
perhaps un-assessed, and how shocking it appears,
when we make a mention of Human Rights Violation
by Law, rather Legally Violating Human Rights.
Actually we have got people all around us, who
always keep on conceiving ideas as how to harass
others or how to make others succumb before us
with all legal clearance rather under the nose of
law with all evidences that the person deserves
things that way. We know very well how law is
handy in protecting the 'Human Rights' and their
violation but what will happen if law violates
the Human Rights and fails to protect ones
rights, this is what all of us may come across
one or the other day in one or the other form but
most of the time same gets un noticed and this I
believe should get into the notice of every body
that in one or the other way we either are or we
may become legally captives, and if we are
legally captives who will come to our rescue,
really a thought provoking one.
A
bond in writing or an affidavit with regard to
any activity of a person ensures that a net of
legal confinement has been woven around one to
not to let one do things of ones choice, doesn't
matter if the bond or writing has been given
during the course of utter helplessness or the
moment the bond was signed there was no second
alternative to protect ones interest, but doesn't
it reflect the nature of being total un-lawful.
Here one is legally unable to protect ones
interest because the captivity has been made
under the legal course by the custodian. To be
more exact I have a tale of my good friend to
tell you, This is with regard to his job in an
autonomous organization, where he was offered the
job on conditional basis that he has to serve the
organization for minimum five years period and
needed to give a surety in writing in the form of
a bond. Now the question arises how legal or
lawful it is, isn't it Human Rights Violation,
where my friend is supposed to sell off important
five years of his life to an organization and in
case the same is violated then he need to
reimburse the whole salary drawn form the
organization with in the specified period. To
this effect, it is wide apparent that the
organization wants only to serve its own purpose
in every respect, whether it is in terms of its
growth or development and for this they can cull
the growth and development of an individual as
this is the only reason which provokes them to
make a person legally captive. A five years bond
means an opportunity to better job will be lost,
it means confinement of expression of thought,
and it means the attained knowledge will also get
confined as there may not be the better means to
exploit ones attained knowledge in the best way
for the betterment of humanity. This means all
the good which may come in ones way has to be
fortified. As the person has given in writing
that he will serve hence loses all claims and
that too legally. And, during the case of
failure, the reimbursement of whole salary to the
employer means the time spend and the services
rendered to that particular institution or
organization doesn't hold any importance and the
employer has got nothing to do with the personal
growth and development of the employee, and it
clearly signifies that the employees services is
worthless and time spent in that particular
institution is totally valueless.
Usually
we seek legal assistance to protect our interest
so that no body may misuse or exploit our
interest but the scenario in present date is
totally different and people today seek legal
help to cull the interest of others. This is not
just the case with one or two, all of us know
better that every activity in present date is
carried out with all legal corroborations
primarily inclined towards the party, which seeks
the legal assistance, just to ensure that the
recipient party should no way be left powerful to
cry for his/her interest and should be always at
the receiving end to obey the dictates of the
former and it is the fear of unseen which keeps
one at the bay to take all sought of legal help
no matter if it is at the cost of life of others
because primarily it is going to protect the ill
interest of legal assistance seeker.
Now
the question arises, how far we are correct in
our assertion that people can be kept legally
captives and how far it is illegal to keep a
person legally captive, because at both the
fronts it is law which can protect our interests,
as it is with the help of legal assistance one
can confine one and it is the law which is the
only hope for every legal captive to break this
jinx. Besides the question arises also, as how
far it is legally correct rather approved to
exploit ones bad days, during which every body
remains always prepared to get exploited, as, at
that time it hardly matters who is exploiting and
what it costs, because nothing costs more than
life and if ones life is at stake, every body
will embarrass any thing for the sake of life of
ones parents and all other dependent members of
the family and for this I can say every thing is
fair at the cost of life, so is the singing of
legal documents intentionally, where even consent
for life long slavery may be asked for, where one
is always ready to sell-off ones every thing for
the sack of many. This is where we can make the
difference between the two faces of same coin in
which one works for the sack and betterment of
humanity and the other one for the bringing down
of same. In the end surely and being optimistic
we can say let good sense prevail on all of us so
that we can really assess our own role and
responsibility towards our fellow brethren, where
we may only say that human is the best creation
of God.
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