Election preparations hotting up

By S. Sethuraman

Having delivered an overall favourable budget with tax sops for the middle class and a debt waiver for a section of farmers – not without some misgivings - the Congress-led UPA Government has sent conflicting signals igniting electoral tensions among parties arrayed in opposition, not the least the Left with its threats to topple the ruling alliance.

The Leftists’ ire is directed against the Congress, at the head of UPA, mainly over the latter’s determination to go ahead with the Indo-US nuclear deal in the next few months, responding to the deadline pressures being mounted by the Bush Administration, whatever the Government’s assurances of seeking "broadest political consensus" which has proved elusive in Parliament.

In an hazardous parallel move, the Leftists parties have also begun efforts to bring about a new "secular" political formation opposed to both Congress and BJP, which has lately energised itself to take head on the Congress-led UPA and is firing all its propaganda guns. Tactical posturing by the Congress meanwhile is aimed at getting the budget voted with Left support by May and then cross the red line as and when it decides to plunge into the controversial nuclear deal, whatever the consequences.

For India, therefore, 2008 would be politically a tumultuous year coinciding with a slowing economy, surge in inflation from globally soaring oil and food prices, and exposure to possible spill-overs from the US-led world economic downturn and financial market turmoils. Politics will overshadow the economy with what looks like the onset of the election season even if growth is maintained on a moderate pace, with all the stimulus provided by the budget for demand and investment.

The BJP-led NDA has begun to prepare for the electoral battle while possible realignments are being attempted by regional parties which came together last year to form a third front. Disenchanted with the Congress, the Left is exploring the prospects of a "Third Alternative" including parties like the ruling DMK in Tamil Nadu, a major constituent of UPA. BJP is getting closer to AIADMK and Ms. Jayalalithaa is already crossing swords with Chief Minister Karunanidhi.

In Tamil Nadu, a crucial state for Congress fortunes in alliance with DMK, the Democratic Progressive Alliance (DPA) led by DMK comprising the Congress, PMK led by Dr. S. Ramadoss and CPI(M) and CPI has become a house divided against itself. While the Congress appears to have put aside its grievances against DMK for not sharing power, keeping in view the importance of DMK alliance for the Congress-led governance at the Centre, PMK, the 18-member group, has long been on a verbal duel with the Chief Minister on most issues of policy.

The latest is the rejection of PMK demand for one Rajya Sabha seat out of the five that DPA could get elected. Mr Karunanidhi decided that seat-sharing would be DMK two, Congress two and CPM one. It remained to be seen whether PMK would field a candidate in defiance and even if PMK parted company, the DMK-run Government will not lose its absolute majority as long as the Congress and the Left support it.

The timing of the Lok Sabha election is in the hands of the Congress leadership which itself is still weighing the possibilities, not being sure of its return without sufficient preparations and giving some time for its recent "inclusive growth" initiatives to work themselves out. State elections in the North will also have to be kept in view.

Meanwhile, in Karnataka under President’s rule, Mr S M Krishna, the state’s old war horse, has returned after his stint as Governor of Maharashtra. In neighbouring Andhra Pradesh, the only Congress-run state with a solid majority, the Telangana Rashtra Samiti has parted company and BJP is courting this regional outfit with promise of support for a separate Telengana state.

BJP with a new drive under Mr L K Advani, who leads NDA, was caught off-guard by the populist Rs.60,000 crore of debt waiver and relief in the budget. It is picking holes in the new debt-write off proposal in regard to ways of meeting the liability and yet contends that all loans of farmers from money-lenders should have been covered, a line taken by former Finance Minister Mr Yashwant Sinha who faulted the budget for not indicating the source of funding. BJP has set up a panel under him to suggest a counter-proposal more appealing to farmers, as its election gambit.

There is no doubt that the ruling dispensation took longer than necessary, while talking of a "new deal for rural India", to address "farmer distress". A National Policy for Farmers based on the recommendations of the Commission headed by Dr. M.S. Swaminathan was tabled only in November last with one of its objectives being to improve the economic viability of farming by increasing the farmers’ net income. But the period saw continuing suicides of tens of hundreds of farmers, especially in the rain-fed areas like Vidarbha.

Debt Relief to farmers was more recently thought up to burnish the party’s image and proposal to go before the Cabinet for a debt waiver of Rs.65,000 crore was duly reported in the press in the third week of January so that the Budget announcement on February 29 was predictable. But how this unfunded bonanza would be implemented, whether the banks would have to bear part or the entire burden, whether it would solve the problem of rural indebtedness or mark the end of farmers’ dependence on private lenders and suicides, and whether other farmers who had honoured the debts would not feel deprived are all questions raised in the post-budget debate.

The Finance Minister Mr Chidambaram takes the position that liquidity would be provided to banks under a system to be worked out in consultation with them and money disbursed in three tranches and that the waiver scheme would not in any way damage the credit institutions. He is likely to spell out for critics how the loss to the banking system and the burden on the exchequer would be met when he replies to the budget debate in Parliament, by cash or bonds or mix of both.

The loan waiver and debt relief scheme having been announced, the gains thereof should be consolidated by modifying the definition of small and marginal farmers in the case of rainfed, semi-arid zone farming, says Dr. M S Swaminathan, who chaired the National Commission on Agriculture. States could take steps in partnership with the private sector to help identify farmers who had taken loans from moneylenders/traders and extend assistance to release them from debt trap. Smart cards could be given to small farmers to entitle them to essential inputs like seeds and fertilisers besides technology and marketing infrastructure to improve productivity and profitability in agriculture. (IPA)

‘No work no pay’ for MPs, MLAs
TALES OF TRAVESTY

By Dr. Jitendra Singh

With the Parliament session in progress, the nation needs to seriously deliberate on a suggestion by no less a person than the Lok Sabha Speaker Somnath Chatterjee that "No work no pay" rule should be strictly applied to MPs and impliedly also to MLAs who disrupt proceedings of the House.

Somnath Chatterjee's proposal seeks to withdraw the Rs. 1,000 sitting allowance that MPs get per day once they sign the daily roster, never mind if they later storm into the well of the house over an issue, disrupt proceedings and so get thrown out. Compared to what an MP or MLA otherwise receives from different sources, official as well as unofficial, an amount of Rs. 1000 might seem paltry but it could still have some symbolic effect. A recent study concluded that in the 13th Lok Sabha, time lost due to disruptions was 22.4% and increased to 26% in the 14th Lok Sabha. Now remember ---- every minute of Parliament costs more than Rs. 26,000 and this is taxpayer's money.

Most of the time, it has been noticed that legislators enter the House unprepared for the day's work agenda but they come fully prepared to invent unsavoury opportunities to make their presence felt on the TV channels covering the session. To achieve this motive, they are ready to go to any extent---- hurl abuses at each other, throw microphones, tear the house documents, sit on Dharna inside or outside the House, deliver fiery but senseless speeches, jump to the well of the house, damage the house property including furniture, raise unruly slogans etc. Are these Hon'ble members being paid from the public exchequer to demonstrate their skills at hooliganism?

The other question is how does the Government explain its much publicised accountability in spending lakhs and crores to maintain the luxurious lifestyles of these MPs and Legislators? In the immediate post-independence years, most of the sitting MPs and MLAs across the country were not only persons of distinguished merit but the ones who took to public life as a service without expecting hefty pay packets or least of all a post-term lifelong pension. Today, the scenario is just the reverse with most of the legislators entering politics either to make a quick fortune or to cover the dubious means through which they have already made a quick fortune. And, as for the merit of the present-day MPs and MLAs, the lesser said the better --- most of them donot even possess the qualification to be eligible for an average job placement.

Nevertheless, the most suitable punishment for an elected representative's dereliction of duty is not to elect him at the first place and, if elected, to vote him out the next time. But, this requires increased public awareness, high public consciousness and firm public conviction. The MP or the MLA will continue to be errant and corrupt as long as the common man continues to be vulnerable to sale - purchase of votes and as long as Umapathy continues to sleep over political chicanery around him. Till then, of course, measures like "no work no pay" rule and perhaps even more stringent laws are called for to discipline the self-conceited legislators at large so that eventually the Indian democracy evolves to a state where the "heads" of elected representatives are 'weighed" not counted, a La Iqbal, "..... Jamoohariyat Woh Tarze-Huqoomat Hai Jis Mein, Bandho Ki Gina Jata Hai Tola Nahin Jata".

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 43,289 men, women and children were kidnapped, and 56,982 were done to death, 11,206 were released after paying ransom, and what happened to the rest, nobody really knows. Such macabre happenings have puzzled the police and social scientist. Criminologists are baffled with the rising trends, and are unable to offer plausible explanation.

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 for death penalty too acquires greater intensity.

Surprisingly, not many are aware that there is 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 makes 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 in recent years, 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 for death long time ago. 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 1995 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 1996, only four accused have been convicted so far. Similarly, in 1997, 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."

M.B. Kapoor, former principal of Modern School, New Delhi, 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," Kapoor says forcefully.

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

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And the police goes on

By Charan Singh Bali

History speaks that since times immemorial, with the advancement of civilisation, the concept of a force to reckon with the rising criminal tendency of the criminals and to check their nefarious activities, some mannuals, codes, rules and acts where formulated and enacted to bring them to justice. Its main object was to protect the society and to safe guard their human rights and deter the criminals.

But unfortunately with the advent of foreign rules in our country this force was used as a tool, as an instrument to keep the masses under subjugation and suppress their political awareness. Corruption and other malpractices including rude behaviour crept in and went on unabated and unchecked. An inertia got its place in the forces and it was taken for granted that it was an organised band of people empowered by law to be rude corrupt and vulgar in its dealing with the people. There was hardly any timely amendment to set the house in order and develop mutual confidence to bridge yawning gaps between the police and the public.

But now I feel in post independence era relations have developed very cordial and with a changing scenario attempts have been made to develop its image of improving their behaviour.

My personal experience of having served in the department for a pretty long time and now retired on superannuation since long twenty seven years, I remember that from beginning stage of my carrier and during my entire tenure, I would often be chosen as a member of teams to investigate henious, alarming and cases of very sensational nature, including murder dacoity and other related offences. My cool temperament, exercising patience, restraint and constant concentration with full devotion would always solve the problems. I venture to draw a few lines which if, noticed may be of some value to my brothern police officers in their performance. The points are as under :-

* Police officer should always bear in mind that it is his sacred duty which is to be performed with full conviction and confidence and devotion. He should never be apprehensive in his performance and instead should be firm, fair and with steel nerves.

* Attitudinal changes in the department are the need of the time to restore faith and develop its image.

* Police Public relations must be developed by means of conducting seminars, periodical public meetings, of course with collaboration of media electronic and print as well. As is well said ‘‘Trust begets trust’’.

* Standard of integrity, professional rectitude and skill is to be developed. A Police officer has nver to loose his temper. A humane and friendly attitude helps in getting logic conclusions. A good repute, a goodwill, will always travel and people would voluntarily come forward to pass on valuable information which can be a of tremendous use to provide an insight picture about the happenings.

* A police officer should never loose time in his jurisdiction to have full control of the situation before it flares up and goes out of control. He should never shirk his responsibility and brave through odd hours of the duty with an iron hand.

* As per my experience no undue political interference should be allowed to mar and under mine the legal process, some times it so happens that some pressure tactics by the favourites of the ruling regime try to exercise their influence. Such an attitude should always be discouraged as it erodes the image of the police.

Emphasis should be laid in intensifying routine patrolling in respective jurisdictions. It enables a Police officer to develop mass contacts and come across many concerns and problems of the people. Efforts should be made to identify and address them to what ever extent possible. A police officer should try to be conversant with the customs, culture, traditions and language of the people.

Police personnel should never be demoralized and marginalised by inviting outside agencies to take their place to solve the local problems. They should be decorated, awarded and honoured for their meritorious services. This would embolden their morale and they will exert and strive their every nerve. Here media can play a prominent role in exhibiting their services.

Examination of witnesses is again a challenging tasks for an investigating officer. It is some times impossible to locate credible witnesses who would come voluntarily to give an eye witness account of any happening. They always have a fear psychosis. In absence of foolproof witness protection legislature in our country this would of course be a cause of concern. Circumstantial evidence to reconstruct the crime and scientific aids would go a long way in giving positive results. People should be educated to preserve scene of occurrences before the presence of police, so that police searches for physical clues left by the perpetrators on the scene of crimes.

We should be able to translate these clues to connect the accused with a crime.

Last but not least is my earnest appeal to the Police, Public and Media to make efforts in developing mutual confidence to restore our tarnished image and to lay hands on the criminals jointly so that crime would take its own care.