B L Saraf
In run up to the  state Assembly elections, the way political parties  are shaping  their stance  and politicians   brazenly     go on   party hopping, one can’t escape the impression that    J&K   is  in for the  repeat of    1977 exercise.  In 1977,  Janata Party , an amalgam of  socialists ,  communalists  and the centrists    came into the existence  in the wake of emergency     and  deposed the  Congress Government , led by   Indira  Gandhi  and assumed  power at Delhi. In   misplaced euphoria the  Party government    rode rough shod   over the   Congress lead State Governments  and  dismissed them. In the states where elections were   due, unholy alliances with the disparate   and  self serving   political  characters were forged .   Jammu &   Kashmir was   one such state.
In 1975,  pursuant to  the   Indira – Sheikh accord ,   Mir  Qasim  lead Congress Government  abdicated  power in favour of Sheikh Mohammad Abdullah . But he was  not allowed to enjoy power for a long and the Congress  Party  pulled the rug from under  his feet  in early 1977,  and the state  came    under  Governor’s   rule .  Fresh elections were ordered.  The Janata Party saw  an opportunity to clobber together   the political elements  opposed  to Sheikh Abdullah , unmindful of their   political ideologies   and convictions . The Party  commissioned George Fernadeze   and Ashok Mehta  to    meet   Mirwaiz  Moulvi Farooq  ,   Maulana  Syed Massodi  ,  Gulam  Mohiddin Qarra   and others to explore  chances of establishing Janata Party in the State and fight  the coming elections.  The Party  came into the  existence.  Apart from the persons mentioned above,  Abdul Gani lone, Shamim Ahmed Shamim , Maulana  Ifitiqar  Hussain  Ansari  , Abdul Rashid Kabuli  and other prominent political figures of the State joined the Janata Party, and entered the election fray in  a  full swing . No holds barred election campaign was unleashed . To bolster the chances of  its candidates , the big wigs of the Janata Government at Delhi campaigned   hard in the state for. They included Choudry  Charan Singh – the Home Minister , Jagjiwan Ram- the  Defence Minister and above all Prime Minister Morarji  Dessai himself .  Charan Singh and  Jagjivan Ram , in  total disregard to the  basic rules  of  courtesy,  launched a scathing attack on  ailing  Sheik Abdullah. Things came to such a passé that it took the political wisdom and sagacity of the PM  Dessai  to salvage the situation from a brink.
BJP appears to be  more or  less on the same path .   Indications are that ,  in a rather  secretive mode,  the Party    attempts   to rope in those very  political elements who they stood against,  in not so distant past ,  and whose ideology  it  detested . Well  , it is no sin to engage,  peacefully,  even  with    a sworn enemy . But that has to be in the broader national interest , with  due regard to the transparency. It can’t be  for a narrow partisan purpose  .  Indira Gandhi did it  in  Punjab, J&K   and elsewhere in the country ,   having   Congress party’s  interest in mine. With the result, both, she  in person ,  and  the  nation as a whole had to pay heavily  for this short sighted policy.  A murmur is growing loud  that  BJP  is  calculating on various ethnic,  social  and sectarian   groups within the  J Kian society  for  a  narrow political purpose   and   is formulating an election strategy  on these permutations and combinations .  Well ,  given  that the Sates’ society is  vertically   riven  at the moment,  thanks to the ongoing militancy , such a misadventure will be fraught with the serious  consequences .
True, a Government at the centre has to strive for  nation building and  curb the fissiparous tendencies . None the less , it has to tread very cautiously in J&K . Whatever may work smoothly elsewhere the country    may  act counterproductive here . The inbuilt  complexities of the situation  can be ignored  only at the national  peril. In the larger national interests , para trooping  of the outside political forces , particularly ,  in the Valley       and a swashbuckling political campaign    must be avoided at all  costs.  National integration has to be strengthened throughout – J&K  including .  But given a peculiar relationship of the state with the centre  it has to be  more bottom up than   top  down. Emotional and psychological integration is sine -quo – non  for the physical and  political integration .Aggressive political posturing will not do  here . Local sensitivities should be kept in mind.
During the highly surcharged    election campaign    of  1977,  some   Kashmiris felt that though   India  was  not   their  first choice,  but    since Sheikh Sahib had taken  them  there  it    was  time to tell Indian people that  the   Kashmiris   had  associated with  you on  certain commonly cherished   principles  .   They  will, certainly ,   not allow India luxury  of entertaining a feeling that   it has  annexed  them   like other states in the country . So ,   they  would  vote  for Sheikh Abdullah . The more the central onslaught   the more  their   resolve to rally behind Sheikh Abdullah.  That was a  down to earth assessment of the situation created by the overzealous  Janata Party leaders  of Delhi.  No wonder , their so  called stalwarts   proved pigmies before the towering   Sheikh , at the hustings. The spirit may have  metamorphosed to  a  radical belief   since 1990 ,  but,  still ,   it  is  not  beyond redemption. Love for Sheikh Abdullah   may have waned but   his thought  has not completely evaporated.  Despite the hardened prejudices, there is still  something for India    in Kashmir .  That needs to be harnessed with care.
Kashmir youth has aspirations    similar to those living elsewhere.  Who better person than PM Modi to understand it? Let him work in this direction with   earnestness,  so that in the valley the aftermath of   1977 election does   not   visit the   BJP in 2014.
(The author is former Principal District & Sessions Judge)

Anniversaries and jubilees, particularly of happy occasions, often excite one’s mind to look for newer possibilities in the present.  A few days back, the Germans celebrated the silver jubilee of the fall of their much hated Berlin Wall and reunification of the West and East Germany.  Would it be possible, I wondered, for India and Pakistan too to come together some time in future?
‘Disabuse yourself of such fantasies, son, and the sooner you do, the better!’  Kaga Bhushundi Ji screeched, rather too close to my ear.
‘Why do you say that, Kaga Ji?  If Germans could do it, why can’t we?’

Kaga Bhushundi SpeakEth
Suman K Sharma

‘You cannot because in your hearts you wouldn’t like to. In 1947, your people wanted to split apart and they did.  But the Germans had no such luck when they saw themselves defeated at the end of the last World War.  America and its supporting nations of the West held the western part of the country under their sway and their arch rival, the Soviet Union, imposed its will on the eastern part….’
‘But Kaga Ji, I heard that the Berlin Wall was built in 1961, a good 16 years after the end of the World War II.  If the two Super Powers were bent upon dividing Germany against its wishes, why did it take them so long to erect a barrier between the two parts?’
‘Son, let me tell you that neither the Americans themselves nor the Soviet Russia built the Berlin Wall.  They only caused it to be built. After its defeat, Germany had to vacate vast territories it had occupied during the War.  In that process, lakhs of migrating Germans had to face death and untold hardships.  Then came the victors with their distinct agendas.  America and its allies realized at an early stage that it was for the good of all of them in the long run if West Germany was enabled to rebuild its industry and become a partner in all-round development of the West.  To achieve this purpose they granted to the West Germans, albeit grudgingly at first, some freedoms as well.  The Soviet Union, in contrast, was in hurry to plunder its vanquished enemy as a reprisal for the humiliation and the material losses it had suffered in the War.   What followed was repression and poverty in East Germany….’
‘Cut it short, Kaga Ji, you are not a Professor of History….’
‘True, son, I am but a humble crow.  But let me tell you that even the dumb plants seek out sunshine to grow.  Under America’s tutelage, West Germany had become such an industrialized country that it attracted workers from across seven seas to run its factories.  The wages there were generous and living conditions far better than in most other countries.  As you can expect, the downtrodden East Germans looked for the first opportunity to flee to West Germany.  They jumped the check posts at the risk of their lives and they circumvented the restrictions through third countries like Hungary.  By the end of 1950s, the mass movement from East Germany had become so heavy that the authorities there were forced to erect the massive Berlin Wall, with fearsome guns, to completely cut off the passage to West Germany….’
‘The rest I can guess, Kaga Ji.  West Germany had everything which the people in East Germany wished to have.  It took them all of twenty-eight years to demolish the Wall, yet they did it.  But we in India and Pakistan have no such wall between us, only barbed-wire fences at some places.  Why can’t we just remove them?’
‘Fences can be removed.  But you have in your minds a wall much stronger than concrete, the Wall of Distrust.  What will you do about it?  There is poverty here and poverty there. It will only aggravate your condition and theirs if, only for argument’s sake, you were to reunite.  The mutual suspicion which led you and the Pakistanis to part your ways is there to stand for ages to come.  Better for you and the Pakistanis it is then to live like good neighbours and cooperate with each other for the common weal.’

Geetartha Pathak
The exact meaning of the Sanskrit origin word “swachh” is transparent and not clean as many of us confuse it to be. Prime Minister Narendra Modi’s ‘Swachh Bharat Abhiyan’ is an ambitious mission which seeks participation of all citizens from different age groups in order to fulfil Mahatma Gandhi’s vision of ‘clean India’. He has received tremendous response from the public. Cities and villages look neat and clean overnight. However, we are yet to get a transparent India.

NATIONAL PRESS DAY

The country has experienced rampant corruption almost in every department that includes the defence and strategic sectors on account of secret dealings between the bureaucrats, political leaders, corporate and the middlemen. In spite of the enactment of Right to Information Act 2005, right information at the right time is rarest in the country. Mega corruption in coal allocations, 2G spectrum, Commonwealth Games, Adarsh Colony, Rolls Royce etc are only a few to name. All these scams wouldn’t have happened had the process of allotment been done in a transparent manner. The exposure is thanks to the CAG and a section of enthusiastic media.
Today, on ‘National Press Day’, the Press Council of India has the theme: “Transparency in Public Affairs: The Role of the Press”. The word transparency nowadays is widely used in the affairs of Government, business and social organizations to denote openness and accountability. Transparency means operating in a way that it is easy for others to see what actions are performed. Public affairs means matters of general interest or concern, especially those dealing with current social or political issues.
Therefore, transparency in public affairs means accountability and openness of the affairs of the Government and other organizations dealing with the public. British Professor of Accountancy and co-author of book ‘Transparency: The Key to Better Governance’ David Heald stated that many societies believe that transparency would reduce governmental malfeasance through its “sunshine” effect. To him, the demand for transparency has grown rapidly, with organizations in both private and public sectors being encouraged to be more transparent. After enactment of RTI Act in India, people are talking about transparency in governance and it is now an issue in times of election, revelation of major corruptions or failure of the State.
Corruption is an old colonial phenomenon, which dates back from the beginning of the 20th century. The disinfectant sunlight could not enter the fortified castle of our country’s administration since the rule of the British. Their weapon to indulge in corruption, by siphoning public fund from the coffers, was blatant secrecy. Therefore, to achieve their mundane goal they introduced infamous acts like the Official Secret Act of India (1923), Indian Evidence Act (IEA) etc. that remain unrevised despite decades of effort. The OSA arms the administration to deny access to any information to the public and the IEA gives opportunity to the courts to decide the scope of the public’s right to inspect.
The long-wrapped shroud over the administration had begun to shake for the first time when the Supreme Court observed in the famous S. P. Gupta Vs. President of India (1982) case that the disclosure of information about the Government and the right to know about Government come from the guarantee of free speech and expression in Article 19(1) (a) of the Constitution. This observation came in a series of judgments in that period.
In spite of its limitations and shortcomings, the enactment of the RTI Act is a major step towards ensuring a participatory developmental process in the country. To make the law truly effective, the active participation of the society particularly the non-governmental organizations at large is needed. The Press can take a proactive role by simplifying and disseminating the possibilities under the RTI Act. The pervasive influence of media can affect public opinion. It has been stated that the only means of influencing what people think is precisely to control what they think about.
The media has immense power and accessibility to control what people think. On the other hand, the media itself should be transparent in processing news and views and it must impress the readers /viewers with unbiased media product. Biased information can affect public policy if the Government manipulates information in order to cast a positive or negative light on it. Depending on how transparent a news article is, one can determine its reliability and draw one’s own conclusions from the findings.
The recent revelation of ‘paid news’ phenomenon in India has eroded the credibility of a section of media. The huge spending in the publicity head by political parties during elections indulges paid news in media. Association of Democratic Reform (ADR) quoted that Radha Timblo, one of the three black money account holders in foreign banks of the list of 628 named by the Central Government at the direction of the Supreme Court donated Rs 1.18 crore to the BJP and 65 crore to Congress between 2004-2012. Such denoted money must be percolated from the mining barons and corporate houses to a section of media in the form of paid news.
The PCI has observed that many companies offer shares and debentures to the media houses in lieu of news to be published in favour of the big business and corporate houses. Paid news is a double barrel gun by which a section of media earn money for publishing advertisement in the garb of news and at the same time evades taxation for the income they earn by such scandalous ways. How then will media companies focus on black money stashed in foreign banks, when they themselves generate black money using media power?
Democracy requires the active participation of citizens. Ideally, the media should keep citizens engaged in the business of governance by informing, educating and mobilizing the public. In many western countries, radio has become a popular medium of expression, as it is less expensive and more accessible. FM and community radio have been effective instruments for promoting democracy at grassroot level by airing local issues providing an alternative source of information to official and monopolized channels. However, the Government has not allowed private and community radio to broadcast news and views except entertainment and academic programmes perhaps as a shield to sunshine effect.
Further, concentration of media ownership in the hands of a few is a matter of great concern. Now politicians are investing in media to enhance their image and to influence the political system. In view of such media environment, people are looking for alternative media to get the real picture of social and political developments and at the same time to use the new media as an instant conduit of their feelings. Social media has filled in the vacuum and hence gained immense popularity.
President George W. Bush’s administration was often criticized for being the most secretive administration in history. With this background, President Barack Obama took office in 2009 promising to lead the most transparent administration in history. However,   Obama has been criticized by the media for not keeping his promise of transparency. He is criticized for secretly obtaining AP phone records to find a government leak, denial of provision of Information Act and politically driven suppression of news and information about federal agencies etc.
The UPA Government which has received accolades for enacting the RTI Act itself suppressed information pertaining to some major financial anomalies and corruptions and tried to later dilute the provisions of the Act. In many States applicants hardly get response to their queries under the Act. People often complain that they get no response to their queries from Government departments. Many departments try to find faults in RTI applications only as an excuse not to reply. Even if they do, they are vague and not to the point. Therefore, pseudo transparency has taken the place of transparency. In such an environment of non-cooperation and opacity, transparency in public affairs has turned to be a far cry.
Notwithstanding the shortcomings, the media as a whole in the country has contributed tremendously to bring transparency in governance and in public affairs. The information hungry and justice seeking people of the country are expecting more from media. We can hope that traditional, electronic and the vibrant social media can fulfil the expectation of the people by harping on the body politic to deliver transparency in a transparent way.
(The author is former Member, PCI)