NOIDA/DELHI 8 EDITORIAL THE HINDU MONDAY, MARCH 2, 2015 A framework for recovery and growth again to the rate of 36 per cent. After a decade of economic decline, wrongly To become a developed country in the fore- attributed to the global economic meltdown, seeable future, India’s GDP will have to grow at 10 to 12 per cent per year for at least a recovery and growth need a different policy today, decade. A 12 per cent GDP growth rate per year will mean a doubling of GDP every six MONDAY, MARCH 2, 2015 using a new framework of objectives, priorities, years, and that of per capita income, doubling every seven years. strategy and resource mobilisation measures. The This level of the growth rate can take us to the league of the top three nations of the Positive signals Union Budget is a serious attempt to have such world, of the United States, China and India a framework in place by 2020, and then aim to overtake China in udget-making today is a tough call the next decade thereafter. That should be a for business for a Finance Minister trying to re- the fine print of the Budget documents. Moreover, in the past, in the revenue bud- stated goal of every budget and not just a verse the past decline caused by the He has introduced many new measures, get, these expenditures far exceed the reve- “balancing the books” exercise. here are several features of Finance Minister BUPA’s policies. The Indian econo- such as a vastly increased agricultural credit nue. Thus, the revenue budget has been in Technically, this is within India’s reach, Arun Jaitley’s first full-year Budget presented my, for example, decelerated from an 8.4 per facility, the new MUDRA Bank to fund the huge deficit, and which is covered by taking since it would require the rate of investment cent growth rate in GDP in 2003-04 to 4.8 per underfunded, especially Scheduled Caste/ more loans from public sector banks and cre- to rise while productivity growth will have to in Parliament on Saturday that are notable, cent in 2013-14. The UPA’s decade of eco- Tribe entrepreneurs, tax-free bonds for in- ating a surplus in the capital account by trim- ensure that the incremental output-capital T such as the effort to widen the social security nomic decline has been wrongly attributed to frastructure development, ultra-large power ming investment allocation. ratio declines from the present 4.0 to 3.0. and pension net, the plan to severely penalise those the global economic meltdown especially plants of 4,000 MW, monetisation of hoarded In the Budget, we find this is continued Productivity increases can be achieved by holding illegal foreign accounts and assets, and the during the last six years of the decade. gold by paying interest on gold deposit ac- because Non-Plan Expenditure has risen 11 cutting transaction cost in the ease to do proposals to monetise idle gold holdings in the country. Therefore, recovery and growth need a dif- counts in banks and ease of doing business in per cent while Plan Expenditure has been business and by motivating labour with in- Yet, what stands out the most is the structural shift in ferent policy today, and require choosing a India by a digitisation of procedures. But this stagnant. In a financially healthy economy, it centives to work harder. new framework of objectives, priorities, is not enough to kick-start the economy since should be the other way around — surplus on Further, if we reduce transaction cost by the government’s attitude and approach to the busi- strategy and resource mobilisation measures Mr. Jaitley has not embedded such piecemeal the revenue account, i.e., revenue exceeding eliminating corruption, then the current in- ness and corporate sector. This is evident from propos- in constituting a budget. cremental capital-output ratio will easily fall als such as the cut in corporate tax by a significant 5 The Budget for 2015-16 presented on Sat- from 4.0 to 3.0. urday to Parliament by Union Finance Minis- percentage points, putting off the implementation of The Indian economy has declined because of the peculiar Enthusing the middle class General Anti-Avoidance Rule (GAAR) by two more ter Arun Jaitley is a serious attempt to usher Indian“ ‘invention’ of a perfidious financial derivative called in such a new framework. An analysis of how This can also be sustained by directly, and years, a sharp increase in allocation to infrastructure, a far he has succeeded and what more remains Participatory Notes. not indirectly, enthusing the middle class — proposed Bankruptcy Code, an electronic bill discount- to be done for a successful turnaround is the ” which today can be achieved only by abolish- ing scheme to help the smallest of businesses to tide concern here in this article. ing personal income tax. over cash flow problems, and even a new law to handle In this Budget, the middle class has little to Participatory Notes disputes involving public contracts. Not since P. Chi- measures in the larger picture of economic expenditure, and a deficit in the capital ac- cheer about. The morning-after announce- dambaram’s ‘dream budget’ of 1997, which slashed The Indian economy has declined because reform and budgetary restructure. count, i.e., investment exceeding ment of petrol and diesel price hikes even of the peculiar Indian “invention” of that per- amortisation. while internationally, crude oil price contin- corporate tax rates and taxes on royalties among other fidious financial derivative called Participa- Looming crisis This situation however cannot continue for ues to be in decline, has only further dis- things, have we seen such a business-friendly budget. tory Notes or PNs, otherwise known as the Today, for example, there is a budgetary long because loans from public sector banks couraged the middle class. India’s middle Successive governments and Finance Ministers have crony/crooked facilitator for black money- crisis looming on the horizon because the to the government to pay for the overall def- class urgently needs some good news. considered business and industry as a sector that need- based portfolio investment. No other country allocations for major heads of expenditure — icit in the Budget have to be paid back. It will India has many advantages to achieve a ed to be kept on a tight leash using the instrument of would think of such a derivative. government employees’ salaries, pensions, require a major recapitalisation of banks to booming economy such as a demographic di- taxation. In that sense, the biggest reform measure that The Budget does not treat PNs as a time police, defence, subsidies, interests to be paid meet the Basel III norms or else the public vidend, agriculture that has internationally bomb and to seek to abolish this derivative, as for past loans taken by the government, etc., sector banks may go bankrupt by 2017. A time the lowest yield in land and livestock-based Mr. Jaitley has unleashed lies not in any of the budget the Tarapore Committee had wanted. Actual- and which now cover 98 per cent of the cur- bomb is ticking here. products, and also, by WTO reckoning, the proposals but in the changed mindset towards business ly, PNs have been even more legitimised by rent and capital account revenues accruing to lowest cost of production, 12 months a year of — the recognition that it is a major stakeholder in the enhancing their status to that of FDI inflow. government — cannot be reduced without Being futuristic farm-friendly weather, a highly competitive, economy and that its growth needs to be fostered. The Finance Minister ought to have abol- creating a political crisis. The big picture we have to usher in is an skilled and semi-skilled labour force and low So, what explains this change? The obvious answer is ished PNs in this Budget to stabilise the econ- These allocations are revenue expendi- Indian economy growing annually at 10 to 12 wage rates at the national level, the advantag- omy. I do not know if Mr. Jaitley was even tures, and hence not asset-building or in- per cent by inducing the current household es of which have already been proved to the that the BJP has always been known to be pro-busi- shown this legitimisation of PNs which is in vestments for development projects. saving rate of 29 per cent of income to rise world by the outsourcing phenomenon. We ness, especially Prime Minister Narendra Modi. So a have a young population — the average is 28 business-friendly budget is nothing surprising. But years when compared to the U.S.’s 38 years, that would only be a broad explanation of the change. and Japan’s 49 years — that is the base for it to The more immediate explanation, though, is that the CARTOONSCAPE usher in innovation in our production Budget had to support the Make in India theme of the process. Since the worldview of economic devel- Prime Minister, and what better way to attract capital opment has now completely changed, eco- and investors than by reducing taxes and easing means nomic development is no more thought of as to do business in India. The Budget goes a long way in being capital-driven, but knowledge-driven. supporting the pet theme of Mr. Modi, whose imprint is For application of knowledge, we need in- visible in other proposals too. With an estimated 12 to novations, which means more original re- search, and more fresh, young minds out of 14 million people joining the workforce every year, the the cream of youth to be inculcated with importance of increasing jobs, especially in manufac- learning and to be at the frontier of research. turing, cannot be overemphasised. It does not matter The unintended consequences of past pol- whether Make in India is aimed at exports or at the icies should not make us squander this “nat- domestic market; the bottom line is investment and ural resource” of youth we have acquired. jobs. The Budget is the reiteration of the Modi Govern- Today, using proper policy application for the young, we must realise and harvest this de- ment’s conscious shift towards supporting industry mographic potential. and business. Mr. Jaitley had said earlier the Budget is Thus, these goals have to be at the core of but one day in a year and reforms are possible in the the economic agenda underlying the making remaining 364 days as well. If that is any indication, of the Budgets. But for all that to happen, then more reforms lie ahead for business and industry. more vigorous, market-centric, economic re- forms are necessary and need to be at the centre stage of the nation’s attention in a Budget and not be overwhelmed by what cor- porate-driven, media hype expects of a budget. Looking ahead positively, the nation still Dark struggles has four more annual Budgets to see, and which will hopefully set the stage for India’s economic renaissance in the next decade. in paradise (Subramanian Swamy is a former Union Minister of Commerce and Professor of he arrest of Mohammed Nasheed, former Economics.) President of the Maldives, was not unexpect- ed. He and his Maldivian Democratic Party Letters emailed to [email protected] must carry the full T had seen it coming and had appealed to the LETTERS TO THE EDITOR postal address and the full name or the name with initials. international community, including New Delhi, to pre- vent it. A delegation of the MDP visited the Indian Budget 2015 like India as a huge part of its Jaitley makes a review of the down. Though certain investments campaign. Obviously, an element of capital a week before the arrest but got no official foreign exchange earnings are from previous years’ budgets and have been given more tax sops, dynamism and vigour has to be hearing. The charismatic Mr. Nasheed, the main face of Whether it is the UPA or the NDA, this field. explains and justifies the variance of these benefits cannot be availed to introduced on the R&D front. the Maldivian opposition, was charged under anti-ter- both governments appear to be on V.P. Dhananjayan, actuals and projections in respect of the fullest extent by one and all. Dr. Special benefits could have been the same page when it comes to Chennai at least the major heads. Subramanian Swamy has been a announced for students and rorism laws for the arrest of a judge back in 2012 when “attacking” the salaried class (“A Manickam Ravindran, vociferous advocate of the abolition scientists excelling in innovation he was President, a few days after the original charges disappointment for the salaried The pro-rich bias is unmistakable. Dubai of income tax. Will he be able to ever efforts. While the price of crude oil against him were dropped. The government of Presi- class,” March 1). There seems to Instead of broadening the direct tax convince his party to give in to his has fallen in recent times, dent Abdulla Yameen insists that the arrest was neces- have been no attempt to encourage base for revenue mobilisation and Senior citizens are sorely wish? production of algae-based biofuel is sary to prevent Mr.Nasheed from absconding. Coming public savings, which in turn could to increase the tax-GDP ratio, Mr. disappointed. A senior citizen/ K.R. Jayaprakash Rao, appropriate for India’s future fuel be used to build infrastructure and Jaitley has chosen to forgo over pensioner can think of increasing Mysuru needs. Funds could have been in the backdrop of attempts by the Maldivian opposi- enable a robust economy. The Rs.8,000 crore in income tax, the premium payment towards allotted for research and tion to unseat Mr. Yameen, there is no disguising the Budget is also gravely silent on fund benefiting the rich, while without health insurance, other Mr. Jaitley has found the common development in fields such as algae political overtones to the arrest. The MDP, which sees allocations for the Seventh Pay any compunction he has increased investments like the National man the easiest target to squeeze biofuel and offshore wind power, itself unjustly ousted from power in 2012 through what Commission award, due for the burden on consumers across- Pension Scheme or availing his or revenue out of. Raising service tax which have the potential to Mr. Nasheed has alleged was a ‘coup’ against him, did implementation in 2016. Hapless the-board by hiking both excise her calculation of tax claim benefits from 12.36 per cent to 14 per cent is transform the Indian energy try to extract advantage from the differences in the Central government staff appear to duties and service tax to gain an for up to Rs.4,44,200 when he has a atrocious. The hapless consumer scenario. have no relief in sight. additional amount of over disposable income. Besides, one will now be underwriting the bulk of N.S. Venkataraman, ruling coalition, demanding that Mr. Yameen hand The steps to retrieve black money Rs.23,000 crore — which is quite a cannot increase the premium on the government’s largesse to Chennai over power to a disgruntled ally. There was talk of are only tall claims (“10-year RI for regressive step. The so-called “tax health insurance at age 65 if he has corporates. In a consumption- impeachment proceedings against the President, who concealing income,” March 1). The incentives” for the business class been declared to have ‘pre-existing’ driven economy, an encumbered The Budget has forged a delicate is a brother of the former dictator Maumoon Abdul only silver lining is the proposal to account for a loss of revenue to the diseases. consumer is a precursor to balance taking into account India’s Gayoom. The government’s reaction to a political set up AIIMS-like facilities in extent of nearly Rs.5.9 lakh crore, R. Venkateswaran, diminished economic activity. multiple demands. Though it threat is a throwback to its bad old Gayoom days when various parts of the country, Tamil more than the total fiscal deficit, Chennai R. Narayanan, cannot please everyone, some of the Nadu included (“Sops for States without putting in place any Ghaziabad measures projected, like gold all opposition was effectively silenced with incarcer- going to polls,” March 1). effective mechanism to monitor The focus areas of this Budget are monetisation, ‘Nai Manzil’ for ation. Mr. Nasheed, denied legal representation after H. Ghouse Baig, whether the result of such largesse infrastructure development, As an NRI, I have reason to be youth, insurance cover for the 18-50 his arrest, now finds himself back in the familiar sur- Tiruchi will result in any public good. At the employment-generation, curbing cheerful on more counts than one age group, deduction of Rs.30,000 roundings of the Dhoonidhoo Island Detention Centre same time, the Minister has ignored black money and getting more of (Editorial, March 1). Proposals like for senior citizens towards medical where he spent several years during the Gayoom dicta- Though it is a pragmatic and the legitimate expectation of many the poor and the middle class under a reduction in corporate tax by 5 per expenditure, unearthing black progressive budget, Mr. Jaitley has middle income-group taxpayers for pension cover. But it is unfriendly cent over a period of four years, money and a new debt management torship and was internationally upheld as a ‘prisoner of failed to focus on vital issues that at least a symbolic increase in their towards farmers. A normal taxpayer issue of gold bonds and tax free agency are all certain to kick-start conscience’. If convicted, he could be barred from con- affect our economic growth, such as exemption limit. Where is the doesn’t get much from this budget infrastructure bonds, single the economy. The hike in the rate of testing the next presidential elections. black money. The root causes of ‘Achhe Din’? while it is a boon for the corporate window system for regulatory service tax is likely to pinch the The arrest of Mr. Nasheed has sparked protests in black money and corruption are S.K. Choudhury, taxpayer. The government must permissions, revival of Public purse of the common man. the Maldives, and worldwide concern at the country’s heavy taxation of not only the Bengaluru ensure that this reduction in Private Partnership for K.R. Srinivasan, regression. There is international concern that the corporate world but also the general corporate tax is transformed into infrastructure development, an Secunderabad population. Punishment is no Looking at it from an accountant’s employment-generation. Sufficient incremental plan for tax free infra, a continuing unrest in the small chain of islands in the immediate solution, but there must point of view, one wonders why allocation of funds for power tough stance on black money and In the backdrop of a rise by 40 per Indian Ocean could provide a setting in which extre- be incentives to get such persons there is such a wide variance in the projects and solar projects has been the removal of anomalies in capital cent in cases of cancer due to mist Islamist groups could find a ready foothold. New back on the path of honesty. estimates and revised estimates made, but no attention has been investments to treat NRI investors tobacco consumption and nearly Delhi has expressed its concern a bit belatedly, some Increasing service tax rates will be both on the revenue and paid to LED lighting (“Budget fails on a par with residents will all help one million new cases recorded would say. It has now urged that there be a resolution of detrimental to the growth of small- expenditure sides in every budget, to cheer clean energy sector,” encourage NRIs to invest in the every year in India, increasing the scale entrepreneurs, who depend making a mockery of the number- March 1). infrastructure development of excise duty on cigarettes and a differences “within the constitutional and legal frame- on large corporates. Delayed crunching exercise. While minor N.N.D. Pavan Kumar, India, and also opt for gold bonds similar proposal for cigars, cheroots work” of the country. Prime Minister Narendra Modi settlement of bills by them variations in numbers are always Achanta, Andhra Pradesh instead of accumulating gold. and cigarillos is to be applauded. appears to be mulling a postponement of a stopover in jeopardises small businesses. understandable, as projections and Suddapalli Bhaskara Rao, For people who are affected by the Maldives after a visit to Sri Lanka in mid-March. Scrapping service tax will help actuals might not match in an Describing the Budget as ‘pro- Muscat, Oman passive smoking, this is a great Given that India is keen to assert its strategic presence small-scale industries to flourish uncertain economic environment, corporate’ is right, as for obvious moment of joy and one waits to see in the Indian Ocean region, it should not worry that and create more openings for what is surprising is that the reasons all political parties have to It is disappointing that there has the results. This step must help save service-oriented businesses. The estimates always diverge keep the corporates in good been no particular stress on millions in India (“Smoking, air this postponement would push Maldives closer to Beij- Finance Minister has ignored art significantly from the revised humour. Individual taxpayers boosting indigenous research and travel to cost more,” March 1). ing but convey a strong signal of its concern over the and culture-oriented industries estimates, making variance analysis expected a lot from the BJP development, essential for the Swathi K. Laxminarayan, increasing volatility of the situation there. which are a strength in a country difficult. It will be worthwhile if Mr. government but have been let success of the ‘Make in India’ Bengaluru CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU TUESDAY, MARCH 3, 2015 Private sector in defence resurgence capabilities as the public sector. With the Prime Minister outlining a new vision We need a common framework for de- for defence resurgence, there is a need to fence procurement across research estab- lishments, ordinance factories, defence acknowledge at every level of government that the Public Sector Units (PSU) and the private sector. Decision making needs to be simpler, TUESDAY, MARCH 3, 2015 private sector can be trusted to play as important faster and transparent. There’s an urgent need to address and a role in the modernisation of India’s defence improve the ease-of-doing-business. The Ministry of Defence is the sole customer for Curb the capabilities as the public sector the defence industry in the country. Without long-term contracts, certainty of volumes, a hen I once met Prime Minister handicaps imposed on our defence forces. ical defence equipment is sourced from quick selection process, transparency and fringe elements Narendra Modi, I was struck Therefore, defence preparedness holds abroad. fair payment terms, there will be little in- by a telling comment he made the key to our future as a nation. I recently Our record in developing our aerospace centive for private players to invest the huge hen he spoke of ‘India first’ as his govern- Wduring our conversation. He had the honour of meeting each of our three industry, quite unlike the remarkable strides resources required for defence production. ment’s religion and the Indian Constitu- said, “Anil, do you know that even the tears service chiefs — Gen. Dalbir Singh Suhag, Air we have made in other high-technology ar- There is a compelling case for creating a we shed in this country are not our own? Marshal Arup Raha and Admiral Robin Dho- eas such as space, communications and mis- single window for defence licensing and FDI tion as its only religious book, Prime Every tear gas shell used by our security wan; three officers of exceptional integrity, sile programmes, is a sorry one, hobbled by approvals. For example, the Department of W Minister Narendra Modi was moving be- agencies is actually imported!” dedication and commitment. I came away missed opportunities, short-term thinking, a Industrial Policy and Promotion (DIPP) and yond platitudes on religious freedom, and correctly The Prime Minister’s anguish was entirely reassured that the defence of our realm is in lack of controls on domestic manufacturers, the Foreign Investment Promotion Board re-emphasising the constitutional guarantees of India genuine and for me, an eye-opener, literally. very capable hands. Our greatest blessing is and a blinkered strategic vision. (FIPB), which are currently under different as a secular, democratic republic. Within the space of It left me in no doubt about the Prime that we have the finest officers and bravest Recent industry surveys assess the matu- departments/ministries, ought to be ten days, Mr. Modi went from offering mere reas- Minister’s ‘Make in India’ initiative and men and women in uniform anywhere in the rity of India’s aerospace on a scale of 5 at 2.7, brought under one umbrella. what a remarkable change of mindset it rep- world. the lowest among all defence sectors, lagging Any large-scale involvement of the private surances to religious minorities to actually committing resented when compared to earlier govern- far behind naval and land systems. sector in defence would require a clear road his government to the constitutionally conferred rights ments, particularly in relation to the defence Importance of quality Studies also peg India’s defence hardware map for engagement, with clearly identified of all citizens to freely practise a religion of their sector. For me, it was an extraordinary and Unfortunately, borders in today’s world purchases at over $250 billion or nearly thrust areas. We need to think of new mod- choice. In a welcome contrast to the typical stance of personal glimpse into the Prime Minister’s cannot be defended by strength of character Rs.16 lakh crore. Sadly, based on our current alities of public-private partnership (PPP). Hindutva groups, he upheld the Constitution as the thinking, his larger strategic vision, and his nor wars won by dedication, training, dis- record, nearly most of this equipment will One answer is a joint working group, com- determination to make India a leading global cipline and bravery alone. Without techno- have to be imported. prising leading representatives of the private expression of the ethos the country had followed for player in defence manufacturing. This was logical superiority, our country remains Our goal of minimum dependence in aero- sector and key decision makers in the gov- thousands of years, and chided those making irrespon- reinforced by his choice of Defence Minister, vulnerable, entailing disproportionate levels space is nowhere in sight. It is clear that if we ernment, who will work together from the sible statements in the name of religion. If his speech at Manohar Parrikar. of sacrifice on the part of our valiant armed wish to peg our defence expenditure at the planning stage so that private companies an event organised by a Christian group was meant as Mr. Parrikar is among the most talented, forces. The Kargil war exemplified this harsh current or even higher levels of GDP, then have a clear idea of the areas in which they an assurance to religious minorities, this response in intelligent, hardworking and ethical leaders reality. For far too long, indecisiveness in we will have to manufacture a major propor- need to invest. This will help the develop- Parliament, in which he insisted that the country could India has seen. His brief, from what I have ment of human skill sets and capital seen so far, is to push the ‘Make in India’ infrastructure. only be run in accordance with the Constitution, agenda, and provide our armed forces with We need to set up a sovereign defence seemed directed against Hindutva hardliners who were the best possible, cutting-edge equipment For far too long, indecisiveness in defence procurements, fund, on a PPP model, in which the govern- making the functioning of his government difficult. and armaments. His reputation for being a based“ on a play safe approach, has resulted in the armed forces ment holds 49 per cent while private defence Clearly, Mr. Modi was trying to distance his govern- man of principle and probity and one who is suffering with suboptimal hardware. This is truly a travesty. sector players make up the balance, with no ment from the vituperative hate-mongering of the Hin- ready to change existing norms and systems ” player contributing more than 5 per cent of dutva groups, including the RSS. Evidently for greater efficiency and transparency — are the total. Professionally managed, such a the two elements that will transform our fund can help invest in long-gestation re- disconcerted by the criticism of his failure to rein in the defence sector into one that is modern and defence procurements, based on a play safe tion of our requirements indigenously and, search and development projects and facil- extremist elements within the broader Hindutva fold, world class. approach, has resulted in the armed forces in time, begin to export so as to rollback the itate strategic global acquisitions in key Mr. Modi seemed to be hoping he would be judged on suffering with suboptimal hardware. This is net deficit in the defence sector. technology areas of defence and national se- Troubled neighbourhood truly a travesty. curity. This will also be a big support for the the basis of his own words and deeds, and not of those Engaging the private sector claiming to be the ideological affiliates of the BJP. We live in a troubled neighbourhood and The outcome of war is never certain. How- Micro, Small and Medium Enterprises defending our borders has become a huge ever, success in warfare in our age is greatly So, what’s the way forward? The Prime (MSMEs), which form a critical part of any True, the statements of RSS leaders and Hindutva challenge. There are frequent exchanges of aided by technological superiority, informa- Minister has outlined a bold new vision for developed defence industrial base. extremists are amplified many times over during the fire with Pakistani troops along the Line of tion systems and the quality and precision of India’s defence resurgence. Underlying the We need to accord infrastructure industry periods the BJP is in power. But if Mr. Modi does not Control (LoC), infiltration attempts, and fre- weaponry. We owe it to our men and women many policy changes that his government status to the defence sector, thereby paving want to be answerable for the behaviour of the Hindut- quent face-offs with China on the Line of in uniform to give them the best-of-class has announced — starting with the raise in the way for easier credit and a greater role va fringe, many of whom are also middle-rung leaders Actual Control (LAC). Growing military and military hardware. the foreign direct investment (FDI) cap in and opportunity for the private sector. of his own party, he should not then hesitate to repri- political relations between China and Pakis- Most submarines currently operated by defence from 26 to 49 per cent and, with tan continue to define our strategic vision to the Indian Navy are past their operational cabinet approval, even to 100 per cent in For policy shift mand them more often and more openly for their counter this joint threat. One of the most life, while the Indian Air Force is still sad- identified areas of critical technologies — is The long shadow of the 3Cs — the CBI, the provocative speeches. Otherwise, the government illustrative examples of how our defence dled with MiG-21 aircraft of 1970s vintage. the recognition that what we need most of all CVC and the CAG — have hamstrung deci- would be seen as cynically exploiting the work of the preparedness has suffered is the fact that for India has great power ambitions, and with is a total change of mindset and approach to sion-making in India’s defence sector with fringe for the political ends of the ruling party whenev- 25 years, the Indian Army has not been able justification. We are seeking a permanent boosting this vital sector. I have listed some the fear of regulatory censure and investiga- er possible, and tactically retreating where the fringe’s to replace the Bofors 155 howitzer gun, a seat in the UN Security Council and India is urgent points that need to be addressed to tive overreach. We need to move forward vital force multiplier in our artillery arsenal. projected to be the world’s third largest make this change work for India. with courage and conviction and have neces- politics become inconvenient. The views of the RSS This was because no Indian firm made simi- economy by 2024. Yet, unlike all other major There is need to acknowledge at every sary safeguards to protect the decision mak- and the Vishwa Hindu Parishad would continue to lar weapons. Thus, the new policy of opening powers in the world, India remains the large- level of government that the private sector in ers just as in the coal block allocation sector make headlines as long as the ruling party leaders and up the defence sector to private players will st importer of defence hardware in the India can be trusted to play as important a where the bureaucracy has been provided functionaries treat these organisations as part of their go a long way in ending such self-imposed world. Nearly three-quarters of all our crit- role in the modernisation of India’s defence protection. The new model for India’s de- extended family. What is troubling about the public fence sector should be built on a cornerstone agenda of the Hindutva groups is the impression that of the new 3Cs, namely Cooperation, Com- petition, and Collaboration. the implied aggression against non-Hindus has the There are also some obvious truths to be tacit sanction of the ruling party. Mr. Modi will have to CARTOONSCAPE considered. Modern governments need to continuously speak up categorically against religious function with the need for discretion in pol- extremists of the saffron hue too, if the Hindutva fringe icy formulation and implementation in a is not to cast a long shadow on his government and sector as sensitive as defence. However, the modernisation of India’s armed forces can- undermine its credibility. not be held hostage to indecisiveness or va- cillation. It is no secret that procedural delays and departmental red tape have often caused a greater loss to the exchequer in defence procurement than any alleged Cricket’s improprieties. The road ahead is long. But with the cur- rent leadership, I believe we have our best new boss chance of success in evolving a world class defence manufacturing sector. With com- ny change at the helm of the Board of Control mitment, cooperation and a clear vision, we for Cricket in India (BCCI) can be seen as an can turn the Prime Minister’s ‘Make in In- opportunity to end the crisis of credibility that dia’ slogan into a reality. It offers us the best chance to repay the brave men and women of A has consumed the game’s administration in our armed forces for their dedication, dis- recent times. Ever since the betting and spot-fixing cipline, and sacrifice. scandal hit the 2013 edition of the Indian Premier I’d like to conclude by recalling the words League, and the BCCI, under N. Srinivasan, gave the of the father of our nation — Manasa, Vacha, impression of stonewalling any inquiry, the credibility Karmana — “Happiness is when what you deficit became so apparent that the judiciary took a dim think, what you say, and what you do are in harmony.” We have thought long and hard view of the state of affairs. The election of Jagmohan and said a lot; it is now time for action. Dalmiya was without opposition, but the elections for (Anil Dhirubhai Ambani is the Chairman other posts were not free of factionalism. The BCCI’s of the Reliance Group. He was an annual general meeting was held at a time when Mr. independent member of the Rajya Sabha.) Srinivasan was barred from contesting for the post of BCCI chief, on account of the rule against those having a Letters emailed to [email protected] must carry the full commercial interest in any event organised by the LETTERS TO THE EDITOR postal address and the full name or the name with initials. Board becoming office-bearers. With Mr. Srinivasan’s absence from the fray, the point of interest in the Analysing the Budget thinking. MUDRA is a path- government also has to facilitate The most important sector for recession and the EU and Japan are election at the BCCI’s annual general meeting was breaking scheme for the micro- the marketing of products, whether growth, advancement and in an economic stasis. Nor should whether his faction would outwit the rival group of Dr. Subramanian Swamy’s article, financial sector, which is fund- in small industries or in modernisation, namely the middle we try to encourage manufacturing “A framework for recovery and starved and which resorts to agriculture. class, has been neglected. While the by substituting imports, as it would former BCCI president Sharad Pawar. Mr. Pawar, how- growth” (March 2), is not borrowing from unscrupulous Gold monetisation is not only an middle class’s contribution to stifle competition, making ever, could not make a comeback, as the east zone, convincing for many reasons. In the lenders at abnormal rates of economic issue but also a social and economic progress is not producers inefficient and whose turn it was to propose a candidate, chose to first place, as the writer asserts, one interest. sentimental one. Investment in quantifiable, it is the source of increasing costs. What we need, nominate Mr. Dalmiya. The Pawar camp managed to get has to look ahead positively to four The monetisation of gold may not gold is a physical form of savings. aspiration and a generator of according to Mr. Rajan, is the Anurag Thakur elected as secretary, while all other more budgets to see any setting in be attractive in the end as many Unless the government convinces savings and wise investment, the creation of a strong, unified, posts went to candidates backed by Mr. Srinivasan’s of an economic renaissance in our families that own gold in the form the public of the viability of repository of knowledge, higher domestic market and a reduction in country. How far the MUDRA Bank of jewellery would shy away from alternative forms of investment skills and creativity and the transaction costs of buying and camp. The outcome indicates that political manoeu- will succeed in funding those who parting with the yellow metal for and brings about a cultural change, sustainers of the knowledge base. It selling in the country. One looks vring and orchestration continues to be a dominant are not privileged is to be seen. sentimental reasons. They may also there are bound to be challenges to is disappointing that the Finance forward to the country becoming a feature in the affairs of cricket administration in India. There are absolutely no concrete be averse to melting jewellery. this revolutionary objective. Minister has ignored this section of single unified market which will Mr. Dalmiya is a seasoned administrator, who, in his steps to contain the parallel Many keep the metal to hoard their S. Veeraraghavan, society. In my view, raising the include the introduction of a well- earlier stint, began the process of harnessing the sport’s economy or even end corruption. parallel money and would be Madurai taxable minimum income by a designed Goods and Services Tax The Budget is also silent on the role certainly reluctant to make it further Rs.2 lakh is necessary and regime. massive marketing potential that led to Indian cricket of external factors that may hamper white. Hence, execution of this More transparency in systems to will yield enormous dividends. M.P. Muralidharan, going through a commercial boom. He has considerable our estimates. Most important, it scheme also requires a massive make it clear that gold deposits, A.N. Lakshmanan, Bengaluru experience in running the game and organising major has failed to convince the common awareness drive to get the desired after a minimum lock-in period, Bengaluru events at the international level too. However, he will man, who could be the ultimate results. The insurance schemes and will be allowed to be withdrawn as Dalmiya’s return also have to live down the unsavoury aspects of his past. loser in this exercise. Moving ahead pension funds are certainly novel cash at the prevailing market value Granted that the Budget contains The unanimous choice of He was accused of misappropriation of funds and ex- in education and health care are the ideas and the response would be of standard gold, an assurance that many business-friendly features to Jagmohan Dalmiya (“Dalmiya set primary concerns of the middle encouraging. sovereign gold bonds are backed by take forward Narendra Modi’s to return as cricket board chief,” pelled from the BCCI in 2006. Some may see him now as class and the poor, but the Budget is O.D. Damodaran, gold-holdings and an acceptable ‘Make in India’ campaign, one March 2) — who had to leave the a ‘Srinivasan man’, but there is little doubt that he has quiet about these aspects. India has Thrissur reassurance that Indian-made gold would do well to pay heed to the scene earlier in the face of serious enough experience to chart an independent path. And many advantages that could help it coins will contain gold of warnings sounded by RBI Governor charges of financial irregularities — the presence of Mr. Thakur as secretary is likely to be a become a booming economy but we The setting up of MUDRA alone internationally accepted standard Raghuram Rajan, an eminent as the new BCCI president is yet balancing factor in the administration. The Supreme lack the political will to move will not solve the problems of are simple features that should be economist in his own right, that another reflection of the deep- ahead. The performance of the BJP SMEs. Banks do run myriad factored into the gold monetisation India is different and developing at seated malaise afflicting the Court recently ruled that cricket administration is a government is no different from schemes for MSMEs, and there is scheme to make it successful. Once a different point of time. While cricketing body. Judicial public function. It has asked a three-member commit- that of its predecessor. also a credit guarantee fund called gold becomes an asset that is China achieved dizzying rates of interventions seem to have made tee of eminent judges to recommend reforms that will C.R. Ananthanarayanan, CGTMSE. comparable to shares, real estate or growth by exclusively focussing on little difference to the stranglehold help rescue the much-loved game from the whims and Bengaluru What is affecting small industry bank deposits, the abuse of the cheap exports to the U.S. and the that a coterie wields. It is strange vagaries of individuals. The administration is now ex- is not funding or manufacturing but metal for ‘show off’ value will come West, by subsidising exports and the government remains a passive pected to stop being an opaque clique or a cosy club and S. Gurumurthy (in “Game changers marketing. The objective should be down and ‘black gold’ will come to keeping its exchange rates spectator to the murky goings-on. in the Budget,” March 2) is right in to supplement the ‘Make in India’ the surface as accounted resources artificially low, such a policy is The most important stakeholder, transform itself into a transparent body. The question saying that three innovative concept. Whatever is made in India would be more productive. unlikely to work for us given the cricket-lovers, is being let down. now is whether the present change at the helm will lead schemes in the Budget certainly should be sold in India and M.G. Warrier, changed context wherein the U.S. is Manohar Alembath, to such a transformation. stand out for innovative/visionary throughout the world. The Thiruvananthapuram just recovering from a huge Kannur CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU WEDNESDAY, MARCH 4, 2015 Budget fantasy and ground reality Gautam Bhatia Mumbai, a marine town, Allahabad, a can- Beyond the standard address of poverty, farm tonment sprawl, Jaipur, a sandstone citadel. nce while waiting in line at the sector and industrial growth, the swell of Every one of them is now condemned to a railway station in Lucknow, I was parasitic sameness. Cities, all cities, now approached by a tout who said he monumental thinking lifts the Budget’s rhetoric have something of the character of war, a Ocould get me a discounted train charged theatrical spectacle, an incomplete WEDNESDAY, MARCH 4, 2015 ticket on the Handicapped quota. All I had to with false effervescence into unrealised areas: the stage-set of decaying structures, perpetually do was limp in front of the train conductor. smoking, smouldering and choking. Con- Despite my protest that I didn’t have a hand- world of yet unbuilt infrastructure, the experiment demned to the mantra of growth at any cost, icap, he insisted he had gotten many such the Budget makes no provisions for improv- Engaging with tickets, and that both of us would benefit with international standard highways, high-speed ing current life, nothing on urban transport, from the deal. rail, new cities, shipbuilding and ports nothing on pollution, nothing on the coun- The railway Budget obviously can’t ac- try’s dead rivers …. Pakistan on J&K count for such petty corruption; instead it a system that must move 13 million pas- 1960s and 1970s, the urbanisation of rural In such a denuded setting, it’s hard to announces — with much fanfare — its tech- sengers every day, without bringing the sys- clusters has led to a serious decline in village trust a government perpetually sounding arriages of convenience rarely involve a nological hopes for the new century: 1,200 tem to a halt? Is there some other form of life. Most villages are now brick-walled the horn of global aspirations: 14,000 crore change of heart. Political expediency dic- kilometres of new track, 17,000 bio-toilets, high speed transport for us, something be- slums without drainage, water supply or on roads, 10,000 crore on rail, 70,000 crore surveillance cameras in ladies’ compart- tween the steam engine and the bullet train, ventilation and closely resemble their de- increase in infrastructure, another 25,000 tated the coming together of the Peoples ments, wheelchairs for senior citizens, wi-fi perhaps a form of air dynamic or under- crepit city cousins. The current migration crore on Rural Infrastructure Development M Democratic Party and the Bharatiya Jana- and mobile charging facilities at stations. ground service, waiting to be invented? In a from village to city is therefore from one Fund for schools and medical facilities in ta Party in a coalition government in Jammu and Kash- While all these suggest greater convenience country where population densities and slum to another, and calls for government the rural areas. Impressive statistics aside, mir, and neither party could have been expected to to its users, there is little by way of serious sheer numbers decide the fate of most pub- investment in serious technical upgrade in the failure of many such previous pro- shift ideological positions so soon after the swearing- train engineering advance. lic enterprises, the railways is only one of health, sanitation and home construction grammes in villages should lead the govern- in. The statement of Chief Minister Mufti Mohammed the many departments that is defeated by technology, rather than mere ment down an altogether different, wholly Basic issues the statistics. electrification. unconventional, path. Without incurring Sayeed crediting Pakistan, Kashmiri separatists and The Indian rail network is the fourth undue expense on the construction of vil- militants for the smooth conduct of the Assembly elec- largest in the world. However, much of it Belief and reality City and village lage schools — already without teachers and tion was thus hardly a surprise. He was addressing his was built by the British, with only a fifth of The defeat shows in the larger Budget When little remains of rural India, obvi- toilet facilities — a more inventive home political constituency when he made the statement, additional track being added after Inde- itself, and its aimless drift into generalities. ously a return to the Gandhian model is schooling programme may be the answer, and not his partner in government, the BJP. Evidently, pendence. Since then however, the number Its primary problem is the combination — impossible. And any attempts at globalised where the physical connectivity of roads and of passengers has increased seven fold. And an unsure mix of grand optimism and cau- industrial corridors will quickly do away the impossibly long distances between the Mufti and the PDP see the tie-up with the BJP as a although much of the system has been up- school and home are replaced by the In- tactical retreat and not as a strategic advance, as a graded, from steam to diesel and electric ternet classroom. temporary “governance alliance” necessitated by the power, rail technology remains antiquated When rural connectivity can be achieved through the Making innovation work nature of the mandate and not as a long-term “political and frozen in a 19th century time warp. computer or the innovation of local transport to traditional alliance” on the basis of any shared interests or vision. The most basic industrial design has cre- “ Of the 4.6 million kilometres of roads in They know they will have difficulty in selling the alli- ated throughout the world an efficient func- markets, the connection of villages across four-lane highways is India, only half are paved. Is this an in- tioning train compartment in light steel, dicator of work to be done, or reason to ance, by whatever name it is called, to their core sup- with wide panoramic windows and comfort- nothing but a misappropriation of funds. search for alternative forms of transport? port base. Avoidable and indiscreet the Mufti’s able seating and storage. The Indian train, ” More than ever, the government’s new In- statement might have been, but it was certainly not by contrast, is a ramshackle vessel of heavy novation Mission needs to be directed to out-of-character. The PDP’s need to collaborate with gauge clanking steel that raises dust along tious reality. Beyond the standard address of with the last vestiges of village life. The difficult Indian social, cultural, and eco- the BJP on administration will have to coexist with its the countryside, with people hanging on poverty, inflation, rural development, farm unusually vast expense on physical infras- nomic situations, transporting 18th century need to ideologically confront the Hindutva party on doors and others perched on the roof. Train sector and industrial growth, the swell of tructure needs to be reviewed in light of living patterns directly into the 21st centu- transport is a symbol of an unmanageable monumental thinking lifts the Finance Min- available technology and resources. Nehru’s ry. Where innovative ideas can work is in the every issue of political importance, whether it be Arti- commuting demand in an overpopulated ister’s rhetoric with false effervescence into India may have required the physical in- absence of confining conventional frame- cle 370 or the Armed Forces (Special Powers) Act. country — a place where hygiene, comfort, unrealised areas: the world of yet unbuilt frastructure of connection to the big city, works. When rural connectivity can be What is of political import is not whether the elec- safety standards, or luxury rarely enter the infrastructure, the experiment with inter- but given the current dissatisfaction with achieved through the computer or the in- tion was peaceful because of any restraint shown by requirements of ordinary travel. national standard highways, high-speed rail, rural life and failed agriculture practices, novation of local transport to traditional Pakistan-backed separatists and militants or because Instead of addressing these basic issues, new cities, shipbuilding and ports. Without the building of new roads will merely hasten markets, the connection of villages across the Budget promises either petty electronic a previous record in any of these areas, no the migration to the city. four-lane highways is nothing but a misap- of the vigil of the security forces. While opposition conveniences or outlandish ambitions: bul- one can question his motives, only his ambi- In taking the city to the village, the gov- propriation of funds. parties, quite understandably, want to use the opportu- let trains and increased speeds of 200 kmph tion. The Budget becomes an exercise in ernment is moreover committing the larger If the success of the ‘Make in India’ pro- nity to embarrass the BJP over this issue, the Centre on long distance corridors. Are these even building belief. sin of cultural homogeneity. Two decades gramme is to be linked to the Prime Minis- cannot be blind to the fact that a solution to the Kash- possible in a country where every inch of Obviously then, such false belief needs to earlier it was possible to distinguish the city ter’s new approach to promoting mir dispute would necessarily have to include Pakistan. land in the rural areas is thickly populated, be tutored by ground reality. Even Arun from the village; today, both are similarly alternatives in solar and wind energy, the If Pakistan is part of the problem for India in Kashmir, as is often noted in grim headlines: Six la- Jaitley’s rural thrust seems to be misdirect- congested ramshackle slums. A decade ear- production of electric cars, biotechnology, bourers crushed on rail track off Patna? ed in promoting useless aspiration. No long- lier, it was possible to tell apart cities from etc. then the proposed emphasis on innova- it would also have to be part of the solution. The How then do you introduce new ideas into er the quiet low-lying mud dwellings of the each other: Delhi, a Colonial garden suburb, tion must begin by first questioning all con- BJP-led government is sometimes prone to impulsive ventional wisdom. Is there a benefit to reactions, as was evident when the Foreign Secretary- long-term expenditure if the project doesn’t level talks were called off last year after the Pakistan offer any long-term advantage? If more cars, High Commissioner met with leaders of the separatist more buses, more people will make a road CARTOONSCAPE system obsolete in 10 years, could a more Hurriyat. The Mufti’s statement, ill-advised as it novel approach to movement be tried? doubtless was, should not be allowed to queer the pitch Could the tourism budget be directed at for India’s continued engagement with Pakistan on innovative planning rather than following Kashmir and terrorism and other bilateral issues. The international hotel models? Indeed, should Hurriyat and Pakistan would have to be on board for the government attempt a mixed-use city India’s efforts to find a solution to the Kashmir dispute without roads and cars, if it doesn’t have a solution to the current polluted city? to succeed. J&K should not be allowed to become With a vast range of unique urban, rural, hostage to politicking, whether by the PDP in Kashmir social, engineering situations, the Indian or by the Congress and the BJP at the national level. state and its supporting private entrepre- neurial partner have stood on the sidelines for half a century and watched helplessly as others race across the finish line. Now, the Modi government offers a new perspective: Bankruptcy law if we are second rate, the important thing is to achieve, even if by borrowed means. All the various models of infrastructure — high- reform needed ways, bullet trains, smart cities, BRTs — have been tested long enough in China, Ja- udget 2015 recognises the need for legal re- pan, Canada, Colombia and elsewhere to make them foolproof applications in India. forms to stimulate business and growth. Eco- What stands in the way is the manageable nomic policies overwhelmingly focus on fiscal hurdle of culture, tradition and some for- B measures, monetary interventions and wel- eign resources. And a hard sell to some an- fare programmes to aid businesses, but the legal proc- gry farmers whose livelihood is to be esses that underlie commerce are often ignored. Laws whisked away from beneath their feet. At one time, India’s poverty — and fabled that are concerned with starting businesses, enforcing riches — defined its relationship with the contracts, ensuring debt repayments and exiting busi- world. Now, its second rate, copycat status nesses, play a critical role and can thwart growth, will make it a truly global player. rendering even good policies ineffective. It is in such a (Gautam Bhatia is an architect and spirit of broadening the approach that Finance Minis- sculptor.) ter Arun Jaitley has identified reform in bankruptcy laws as a key priority, envisaging legal clarity and Letters emailed to [email protected] must carry the full speedy processes that will ultimately ease doing busi- LETTERS TO THE EDITOR postal address and the full name or the name with initials. ness in India. The connection between better insolven- cy laws and economic growth is straightforward: Mufti’s remarks that in a conflict with India, our There has been a misconception a deficit burden primarily due to to lead a fairly comfortable life. stronger bankruptcy laws protect the rights of borrow- neighbours may have better strike that defence is a secret area that subsidies given to the rich. Now, if I wish to go out of the tax Jammu and Kashmir Chief capability. The reality is that India must only be entrusted with the Arpit Agrawal, net, I will have to invest a lakh in ers and lenders, promote predictability, clarify the Minister Mufti Mohammed does not design and produce a public sector. The poor efficiency New Delhi tax-saving instruments, which will risks associated with lending, and make the collection Sayeed’s remark on how Pakistan, single item of military combat of public defence establishments, reduce my annual income to Rs.3 of debt through bankruptcy proceedings more attrac- the Hurriyat and militants helped significance, be it small arms and coupled with some undesirable The Finance Minister ought to lakh (a monthly income of tive. These factors ultimately facilitate credit and thus create a conducive atmosphere for personal weapons or more elements in bureaucracy have have clarified the difference Rs.25,000) which will not be a higher flow of capital in the economy. But as per the State elections (“Mufti’s remarks complex ordnance and resulted in the sad state of defence between the total service tax enough for us. recent Doing Business, 2015 Report, India is ranked rock Parliament,” March 3), was surveillance systems, that would be preparedness for India. It is ironic collected as against corporate tax There are bound to be countless unwarranted. Does he not deemed to be truly “exportable”. that while India imports most of its collected during the financial year. senior citizens who are in a similar 134 on the ease of doing business and at 137 for resolv- recognise the key contribution by Even if India were to reach that equipment from overseas, and This figure would have reflected predicament, if not worse. The ing insolvencies. The average time taken for insolvency the Election Commission of India level of design and production, the often with little control over the impact of a reduction in point is that the Budget appears to proceedings in India is about 4.3 years, while it is only and our armed forces? And what current Indian skill-set is woefully secrecy, we distrust our own corporate tax. It would have had have been put together mindlessly 1.7 years in high-income OECD countries. The recovery about the people of the State? The inadequate and underprepared to citizens just because they run and meaning had corporates claiming 5 by bureaucrats. rate (cents on the dollar) is 71.9 in high-income OECD Mufti-led Peoples Democratic be able to effectively market and manage private companies. It is per cent reduction in tax for the Krishna Raj, countries as opposed to 25.7 in India. Party has forged an alliance with sell its military inventory in a cut- high time we corrected this false next four years come up with a Chennai the BJP to ensure corruption-free throat market. The state of affairs and dangerous notion. rider to either plough in a 2.5 per This is why the Interim Report of the Bankruptcy governance and not to play to the in the DRDO is alarming. Research S. Sankara Iyer, cent share into agricultural Parliament canteen Law Reform Committee released in February 2015 is gallery of vested interests waiting is being carried out for years with Thiruvananthapuram development and allied areas or a This may be the first time a Prime welcome. The Committee set up by the Ministry of to foment trouble in the State. no tangible results. 50 per cent share into adopting Minister has had lunch in Finance in August 2014 will be crucial to the new Equally disconcerting is his remark It is time defence manufacturing Budget analysis villages for four years and then Parliament’s canteen; a good meal legislation promised in the Budget. The Committee on “returning Afzal Guru’s mortal gets a boost, with proper inputs This refers to the Budget Comment claiming reduction after showing for Rs.29 (“A buzz over the diner,” remains”. and guidance. by Sitaram Yechury (“An exercise the proportionate share for the March 3). But the fact is that sees the early recognition of financial distress and M. Jeyaram, Ashish Kumar, in contraction”, March 1). year. On the other hand, the Budget committee after parliamentary timely intervention as key features of efficient rescue Sholavandan, Tamil Nadu New Delhi Continuing with the trend of proposes an increase in service tax, committee has failed to file reports regimes and believes that the degree of viability of a ascribing the Union Budget to be which will make every citizen on the need to revise food prices in company must be the central consideration for allow- Defence resurgence The Stockholm International “pro-corporate”, he harps on the making use of a service cough up this very subsidised canteen, which ing it to be rescued, and that an unviable company Anil Dhirubhai Ambani’s article, Peace Research Institute says issue of tax incentives to the tune additional tax, a figure that would have been revised only twice since should be liquidated as soon as possible to minimise “Private sector in defence India is the largest importer of of Rs.5,89,285.2 crore to the rich. surpass the total corporate tax for a Independence. It is significant that resurgence” (March 3), was very arms, by as much as three times What he conveniently forgets to year. Separately, the amount being all prices of items — some examples losses for stakeholders. They recommend that secured convincing for many reasons. Past that of China and Pakistan, which mention is that of this amount, tax collected for a Rs.2 lakh insurance are Rs.6.05, Rs.16.95 — are fixed creditors be allowed to file an application for the rescue governments do not seem to have rank second and third. incentives on corporate tax are cover is an eyewash. and require payment/coins in of a company at a sufficiently early stage, rather than displayed a strategic vision and Undoubtedly, a large chunk of the Rs.62,398 crore, that is, a little over G. Nagendra, denominations which are no wait for the company to have defaulted on 50 per cent determination to make India a public exchequer is spent on arms 10 per cent of the total tax Bengaluru longer minted. The salaries and of its outstanding debt, as currently provided for in the leading global player in defence imports than on education and incentives. This includes tax allowances paid to manufacturing. It is a shame that health. In such a situation, it is wise exemptions to PSUs, which are The Budget has not done justice to parliamentarians are more than Companies Act, 2013. The Committee suggests that we are unable to manufacture even to consider Mr. Ambani’s actually higher than that for the low-income group of senior sufficient to enable them to afford unsecured creditors representing 25 per cent of the a tear-gas canister. The private suggestion that the private sector private entities (PSUs enjoy a citizens. I am a senior citizen solely normal food prices. They could be debt be allowed to initiate rescue proceedings against sector will be able to help improve be trusted and roped in in defence lower tax rate of 19.33 per cent as dependent on the returns I get provided a subsidised meal in case the debtor company. The report also focusses on indi- the quality of products and bring in manufacturing. But a proper and against 24.44 per cent for private from my investments. My income a session extends till late evening vidual insolvency, a crucial area covering sole proprie- fresh ideas, which can then be well-designed regulatory role by entities). Though still very high, does not exceed Rs.4 lakh a year and the canteen should be run on a torships and small and medium enterprises in India. taken forward by the public sector. the government is necessary the revenue foregone on corporate and I am required to pay Rs.10,000 no-profit/no-loss basis by forming Shakti S. Lohchab, considering the sensitive nature of tax exemptions is still way lower as income tax plus service charge a cooperative society of Therefore, a new bankruptcy law coupled with practi- Rohtak the sector. than the total budgeted subsidies — and so on. That leaves me with parliamentarians. cal changes, removing the judicial bottlenecks and de- Chandra Prakash, Rs.2.44 lakh crore — which belies about Rs.3,90,000 or Rs.32,500 a Madhu Agrawal, lays, will be crucial to the reform process. Numerous surveys have shown New Delhi his claim that our economy suffers month, enough for my wife and me New Delhi

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU THURSDAY, MARCH 5, 2015 Nehruvian budget in the corporate age Jean Drèze that “the banking sector is increasingly un- The Budget overlooks the fact that human able and unwilling to lend to the real sector”, nce upon a time, around the end of capabilities are as important as physical capital for because its balance sheets have been ruined the Second World War, there was a by Rs.18 lakh crore of failed or stalled pro- naive view in development eco- economic growth and the quality of life. It goes jects — mainly infrastructural projects in the nomics that growth was mainly a PPP mode. “In this context,” says the report, THURSDAY, MARCH 5, 2015 O matter of capital investment — building back to the days when growth and development “it is imperative to consider the case for re- dams, roads, railways and so on. Further, viving public investment as one of the key since the private sector was not equal to the sounded synonymous, physical capital was engines of growth”. In other words, after task, the state had to take the lead. So, India’s raiding public sector banks and leaving it to Banning is first Five Year plans were largely about state thought to be the key, and human capital took the taxpayers to clear the mess of “non-per- investment in infrastructure. Human capital, a back seat forming assets”, the corporate sector is now as economists call it today, was badly counting on the public sector to provide it not the solution neglected. nomic institutions, and also other things — public investment in infrastructure (mainly with world-class highways and other infras- This development strategy had little to do for instance social norms — that we do not roads and railways, à la Nehru) gets huge tructural facilities — at the expense of the ecisions made in the wake of a popular out- with Nehru — it was common around the understand very well. Further, growth is not funds, and most other things get squeezed taxpayer once again. cry over emotive and sensitive issues will world at that time and enthusiastically sup- the same as development, in the broad sense with the notable exception of defence. Raghuram Rajan, star economist and no- ported by economists, including many who of an improvement in the quality of life and Health and education, in particular, receive nonsense Governor of the Reserve Bank of invariably be wrong. The government’s ac- are now ferocious critics of so-called Nehru- expansion of human freedoms. Growth can unprecedented shock treatment. India, had some strong words on this state of D tion in getting a court order restraining the vian socialism. Anyway, it had some results: be an important tool of development, but the The revived emphasis on infrastructure is affairs in recent months. In a lecture at the telecast of the documentary, India’s Daughter, by the prolonged economic stagnation under the extent to which growth translates into devel- not the NDA’s idea. Montek Singh Ahluwalia, Institute of Rural Management Anand (IR- British film-maker Leslee Udwin, is a knee-jerk re- Raj gave way to the so-called “Hindu rate of opment depends both on the character of the the one-man pillar of economic policy under MA) on November 25, 2014, he pointed out sponse to the outrage voiced by sections of society growth” (about 3.5 per cent per year) of the growth process and on various forms of pub- the United Progressive Alliance government, that the Indian corporate sector enjoyed against what they call giving undue publicity to a con- 1950s and 1960s. But clearly, something was lic action. For instance good nutrition, which already had grand plans for infrastructural something approaching “riskless capital- missing. is essential for the quality of life, depends a investment — one trillion dollars of it, no ism”, and appealed for “a change of mindset, vict’s views. While the film-maker notes that she had a great deal on public action in fields like nutri- less, over the five years of the Twelfth Plan. where the wilful or non-cooperative defaul- ‘no objection’ letter from the Home Ministry and ob- Capital, growth and development ter is not lionized as a captain of industry, but tained permission from the Tihar Jail authorities to Among early voices of dissent was none justly chastised as a freeloader on the hard- interview the convict, the police have registered an FIR other than economist and future Nobel Lau- The corporate sector is now counting on the public sector to working people of this country”. The Finance reate Milton Friedman, who came to India in “ Minister, however, is more sympathetic to after it became known that the documentary is to be provide it with world-class highways and other infrastructural 1955 and submitted an enlightening “mem- corporate interests. Not only is he obliging aired by a television news channel on March 8, coinci- orandum to the Government of India” where facilities — at the expense of the taxpayer. the corporate sector’s demand for world- ding with International Women’s Day. The work has he warned against “policies that increase ” class infrastructure at public expense, his been banned from public viewing for the sole reason physical investment at the expense of in- Budget speech also calls for a new PPP model that it contains some repugnant comments by the con- vestment in human capital”. Some Indian tion education, safe water, health care and What is new is the idea that infrastructure of infrastructure development with a “reba- vict, blaming the victim for the rape and murder. A economists were on the same wavelength, much more. should come from public investment. Unlike lancing of risk”, where “the sovereign [i.e. the moot question is whether it is unethical to disseminate notably B.V. Krishnamurthi, who wrote a Nehru, Montek wanted a large share of in- government] will have to bear a major part of sharp note of dissent on education policy in Emphasis on infrastructure frastructural investment to come from the the risk”. the views of a convict, even those as abhorrent as those the same year, where he castigated the gov- Oddly, the recent Budget of the National private sector under public-private partner- of Mukesh Singh; and whether banning the reporting of ernment for applying “the calculus of the Democratic Alliance (NDA) junks these in- ships (PPPs). But now it’s all about public Fallout for social sector such views is the right response. True, it will be morally private grocery merchant to a matter like sights and goes back to the days of Jawaharlal investment again. That sounds a little odd, Predictably enough, corporates have been repulsive and abominable to hear the convict justifying education”. Another dissident, from a very Nehru, when growth and development considering that the public sector is dispar- falling over each other to praise the Budget his horrific crime by blaming the victim and saying she different point of view, was Dr. Ambedkar, sounded synonymous, physical capital was aged to no end in the business media. So during the last few days. The fallout for the who saw mass education as essential for the thought to be the key, and human capital where does that come from? social sector, however, is catastrophic. For could have survived had she not resisted rape. But it is liberation of the oppressed. The critics, how- took a back seat. Growth, we are told, is the the first time ever, critical social programmes equally true that there is some public interest in re- ever, were sidelined and India is still paying a overriding objective of economic policy — Corporate interests like school meals and the Integrated Child cording such views and airing them in such a way that it heavy price for it today. the rest will follow. And the key to growth is The answer is given with admirable clarity Development Services (ICDS) have come un- does not glorify, but makes them repugnant. Actually, Later on, further advances in development “infrastructure” — or rather, a certain kind of and frankness in the Finance Ministry’s der a heavy axe. The gap is to be filled, we are the documentary may even help the public recognise economics vindicated these critical thinkers. infrastructure that the corporate sector sup- “Mid-Year Economic Analysis 2014-15”, au- told, by State governments using their en- and counter such thought processes in society. Needless to say, physical capital is important ports. Further, infrastructural investment thored by Chief Economic Advisor Arvind hanced share of national tax revenue. Any- for growth. But so are human capital, eco- has to be done mainly by the government. So, Subramanian. The report candidly states one with a minimal understanding of As the documentary is yet to be aired, it may be Centre-State relations is likely to hear alarm unfair to prejudge its approach and the level of its bells. Also, it is not clear how State govern- success in its being, in Ms. Udwin’s words, ‘an impas- ments are supposed to make instantaneous sioned plea for gender equality’. To presume that it will CARTOONSCAPE adjustments in their 2015-16 Budgets to fall only strengthen the rapist’s mindset may derail any in line with this cold turkey approach. effort to create a sensitive record of what the country Perhaps the worst victim of this Budget squeeze is the health sector. As is well known, needs — a conscious transition from a culture of toler- public spending on health is lower in India ance towards gender violence to a progressive socio- than in almost any other country in the legal structure that combats the phenomenon. India world, as a proportion of GDP. This year, it now has stronger and better-defined laws; there is may go down not only as a proportion of greater sensitivity among investigators, prosecutors GDP, or in real terms, but even — for the first time — in money terms. Incidentally, in the and judges, but the scope for genuine transformation previous Budget, Finance Minister Arun lies in the larger domain — the attitude and approach of Jaitley announced a grand plan for “univer- society at large. Documentaries such as this may serve sal health assurance”. There is not a word of to advance this purpose, and even if they fail to do so, it in last week’s Budget speech. Instead, the the solution is not to ban such efforts. For they may Minister now promises a new grand plan for help confront the culture of rape and the widely seen “universal social security.” As before, there are no specifics, no timelines and no budget- phenomenon of public figures, officials and politicians ary commitments worth the name. conforming to the patriarchal mindset that is at the The most worrying aspect of this squeeze core of gender violence in India. The documentary is that it was greeted with glee in the main- should be seen as holding a mirror unto a society that is stream media. It signals, we are told, a wel- far from being sensitive to gender issues. come shift of emphasis from “handouts” to productive investment. But the big-ticket handouts, like subsidies for the privileged, actually remain, despite some proposed changes in the mode of delivery. Social pro- grammes that can make a real contribution to people’s well-being and productive capac- Financial sector ity, on the other hand, face severe budget cuts. Welcome back to the Third World. (Jean Drèze is Visiting Professor at the reform on course Department of Economics, Ranchi University.) ne-stop solution’ has become a new man- tra in the modern business world. The Letters emailed to [email protected] must carry the full convergence of activities that follow in its LETTERS TO THE EDITOR postal address and the full name or the name with initials. ‘O wake, however, often put consumers in a piquant situation. A consumer of a financial product unabashedly justifies the incident India’s culture is becoming second- March 3) and for this to be a super- about lobbying in a transparent and especially can easily get confused, and end up buying Convict’s interview and portrays it as an “accident”. rate, but where I disagree with him government within the prudential manner.. the wrong product. Oftentimes, the aggrieved are The controversy over the When the matter is still in court, it is when one looks at his analysis as a Government of India. He wants it to Y. Inigo Majella, pushed from one place to another to seek redress. The documentary titled India’s is improper even to discuss the whole. India is a multiparty be professionally managed and Chennai reasons are not far to seek. Though a single agency may Daughter (March 4), on the Delhi issue exhaustively. Deterrent democracy and one cannot expect placed outside the ‘danger zones of gang-rape case of 2012, is totally punishment in proportion to the to be presented a budget on the the CBI, the CVC and the CAG’ so Power and impunity sell multiple financial products, the regulators for uncalled for. The clamour for a ban quantum of the crime is necessary lines of what the writer has in mind. that private capital could deliver. Ingrid Therwath’s article, “Where these may be different. In this scenario, avoiding re- on its screening is misplaced as the at least to stall the rapid increase in Governments come to power on the This is a strange vision. Private Minotaurs roam freely” (March 4), sponsibility has turned that much easier for sellers, and documentary is a well-intentioned crimes not only against women, but basis of various manifestos that are capital has been a leviathan in was an eye-opener on the hypocrisy the aggrieved consumer is often treated as a football. effort to find out why the gang-rape also against our society. indeed high on rhetoric and have to technology development. The of a modern society. The fact that Seeking to right this wrong, Budget 2015 has made the happened in the first place. The K.V. Seetharamaiah, be reflected in the budgetary plan. performance of India’s corporates the legal team of one of the world’s makers of the documentary must be Hassan This Budget is actually better than in technology development has most powerful men is using the consumers of financial products the focus of all laws. “A lauded for exposing the mindset of earlier ones because of pragmatism been miserable, considering the concept of a libertine to defend him properly functioning capital market also requires one of the convicted rapists and it What purpose does Ms. Udwin’s coupled with policies seeking to vast potential market for consumer is disgraceful. Equally horrifying is proper consumer protection,” Finance Minister Arun should be used to strengthen the documentary serve? The wrongs in satisfy different sectors. The fine goods and consumer durables at that class inequality is being used to Jaitley said while presenting the Budget. His proposal fight against crimes against women. a society need to be highlighted, balance between rhetoric and their disposal. Technology justify rape. Every woman, to establish a unified financial redressal agency may The convict’s version shows how especially its overarching reality must be in place in a budget development was possible in the irrespective of her choice of well redefine play in the financial services field. The “underdeveloped” and “subhuman” patriarchy which needs to be fought and must not belong to either country only in sectors such as profession, has the divine right to rapists really are. The documentary to create a more equal space for all extreme. space, supercomputing, atomic protect her body. And it is a shame glamour of providing universal banking has seen the does a great service to the cause of women. However, every fight has a Akshy Sridhar, energy and communications, and that influential men like DSK and mis-selling of products acquire some sort of an in- women’s safety by diagnosing some constructive method and this Chennai where the public sector was in the his lawyers don’t realise that. stitutional blessing. With competition turning fiercer of the causes of gender insensitivity documentary is surely not among lead. An elaborate system of state Sanghamitra Ghosh, in the financial services field, there seems to be a focus, and misogyny and stressing the such methods. Does it need a The writer has only shown that he is monopoly capitalism and military Kolkata blinkered as it might be, on pushing products at any need to battle them. Mukesh Singh to pour out his a wordsmith and has given words to industrial complexes perfected G. David Milton, disgusting thoughts and mindset on the common wailing of the during the long Cold War years There can be no argument against cost. In such an environment, a consumer can never be Maruthancode, Tamil Nadu women to make us aware of the way problems with India. He complains presides over technology the fact that if any woman in a poor the proverbial king. A single complaints resolution criminals think? of the rail Budget making no development in the U.S. and other country such as ours involves agency is the core of the non-legislative component of a To have such a documentary Kasturi Chakrabarty, provision for safety, toilets or better OECD countries. Mr. Ambani may herself in the sex trade it is mostly host of recommendations made by the Financial Sector around the convict and then New Delhi services. What are smart cards, bio- want to create this in India, not by choice but by sheer Legislative Reforms Commission. What Mr. Jaitley has proceed to give it publicity is to Budget fantasy toilets and free Wi-Fi for, then? He overnight, with the help of FDI. And deprivation or pressure from done now is to initiate action on this. Once it becomes a administer the ultimate insult to says the cities are indistinguishable that is pretty ambitious. individuals who may be even from the victim and her near and dear Gautam Bhatia’s article, “Budget from rural areas, but does he have K. Vijayachandran, her own family. In rich countries, reality, any aggrieved consumer can just knock on the ones. Film-maker Leslee Udwin’s fantasy and ground reality” (March any idea about the availability of Kochi poverty may not be the root cause, doors of this single-point grievance-resolution agency. argument that it was done to 4), must be appreciated for the health and education, roads and but certainly, allurement and An independent agency would command greater trust understand the rapist’s mindset is critical look it takes at the even caste prejudices in rural areas? Mr. Ambani’s suggestions to exploitation must be. Whatever it is, among consumers and create a sense of responsibility disgusting. Society does not want budgetary allocations made. Even He continues to complain about improve the ease of doing business a sex worker, like any woman, has among sellers. More important, it could clean up the anything to do with a savage, and though the magnanimity of the creaking city infrastructure but is are well said, but his criticism of the her rights, which cannot be taken financial services field, and usher in healthy practices. nobody ever wants to hear his point supposed spending (Rs.70,000 he aware that the government is 3Cs, the CAG, the CVC and the CBI, away. of view or what he thinks of women. crore on infrastructure) and private serious about spending Rs.70,000 for investigative overreach can’t be C.G. Rishikesh, This consumer focus is the critical part of the move He has no right to speak nor a right intervention sends out rays of hope, crore through the national accepted. Without effective Chennai to overhaul financial sector regulation. The Finance to live. I would only say the exercise the road map for its execution is still investment fund and by other participation of these institutions, Minister did indicate in his Budget speech that efforts exposes the sick mindset of the film- unclear. Much ignored rural India means? Finally, he bats for home- how does one ensure the Monsoon study in this direction are on track. Even as the implementa- makers. will continue to look for a way for its schooling. Given that children get transparency, accountability and The report, “Deforestation impacts tion of the recommendations of the Justice Srikrishna- A. Bhavana Praveen, urban salvation. In fact, more midday meals and that they ought integrity involved in policy- monsoon rains, says IISc study” Somwarpet, Karnataka studies need to be done before to be educated to a level higher than making? (March 4), reminded me of a Native chaired FSLRC is being studied by independent task investing in long-term projects. The their parents, how on earth is K. Marxe, American quote on Nature: “Treat forces, Mr. Jaitley is confident of placing the Indian It is one thing when a sane person or government should focus on leaving home-schooling even to be Alangudi, Tamil Nadu the earth well. It was not given to Financial Code before Parliament sooner rather than a well-wisher of women advises a unique cultural stamp on the considered here? you by your parents, it was loaned to later. But hurdles, especially of the legislative kind, are women not to venture out at night, developmental agenda, rather than Vinay M. Menon, It is clear from the article that there you by your children. We do not aplenty. Removing them will put the government’s and quite another when the same becoming just another third-rate Mumbai is a close link between the corporate inherit the Earth from our resolve to the test to get assorted pressure elements out thing is said by a person who is evil- copycat of global powers. world and the political world. I Ancestors, we borrow it from our minded. Mukesh Singh’s Jyothish Sebastian, Resurgence in defence found that to be quite Children.” A deficit monsoon will of its way. It may need some administrative tweaking as outrageous utterances should be Kanchipuram Anil Dhirubhai Ambani suggests a uncomfortable. One would have only spell disaster for India. well. Putting in place the IFC is a gargantuan task, and grounds for swift justice for the “sovereign defence fund” (“Private appreciated the sentiments Rona Fairhead, could trigger a transformation in the financial sector. victim. It is terrible that he I agree with the writer on how sector in defence resurgence,” expressed in the article had it been Christchurch, New Zealand CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU FRIDAY, MARCH 6, 2015 Unconstitutional exercise of power Suhrith Parthasarathy guarantee (and that it was not required even The proposed amendment bill to the Land Act has under traditional notions of eminent do- n his celebrated treatise on constitu- amendments that are an exercise of state power main). Two, the conduct of an SIA prior to tional law, H.M. Seervai began a dis- land acquisition is similarly not constitu- cussion on the right to property by without reason, with the basis for these changes on tionally mandated. And three, the Constitu- Iquoting from Book II of Thucydides’ tion no longer proscribes acquisition for FRIDAY, MARCH 6, 2015 History of the Peloponnesian War: “We de- assertions of a vague agenda of development. purposes that are not public, and acquisition cide or debate carefully and in person, all of land for private educational institutions matters of policy, holding, not that words What is equally disturbing is that at least some of and private hospitals is hence wholly and deeds go ill together, but that acts are permissible. AAP’s foredoomed to failure when undertaken un- the changes that these amendments propose, if discussed.” These words, spoken by the great passed, would also be patently unconstitutional Counter to equality political leader, Pericles, in his funeral ora- Each of these arguments however suffers leadership jinx tion, wrote Seervai, ought to occupy our “Eminent domain,” generally understood, ty, and Article 31, which limited the state’s from innate flaws. The conventional notion thoughts when we consider the 44th Consti- inheres in a sovereign. It grants a state the ability to expropriate property, were both of eminent domain, which establishes spe- uccess usually drives away troubles, but in the tutional Amendment, which removed the authority to take private property without obliterated; the right to property was now cific constraints on land acquisition, might case of the Aam Aadmi Party, the victory in the status accorded to the right to property as a the owner’s consent. The term is often reduced to the non-fundamental status of a no longer apply. But that every one of us fundamental right without eliciting any pub- traced back to the 17th century jurist, Hugo legal right. These amendments, as Seervai ought to be treated as equal citizens, with Delhi Assembly election only seems to have lic opinion. Today, we stand on the cusp of Grotius. In fact, Justice M.C. Mahajan in an argued, failed to grasp that Articles 19(1)(f) equal care and concern, remains a funda- S precipitated a crisis of credibility and lead- something similar. The Central government, early Supreme Court opinion on land acqui- and 31 “were so closely interwoven with the mental guarantee. In removing the necessity ership. By effecting the removal of Prashant Bhushan having introduced an ordinance to ease the sition laws — the State of Bihar v. Kamesh- whole fabric of our Constitution that those for an SIA and for the securing of consent of and Yogendra Yadav from the Political Affairs Com- process of land acquisition by curtailing war Singh — quoted Grotius and held that rights cannot be torn out without leaving a landowners from acquisitions for certain mittee of the party, the dominant faction of the AAP many of the safeguards introduced by a new the meaning of eminent domain in its irre- jagged hole...” purposes in contradistinction with acquisi- that stands solidly behind national convener Arvind law that was brought into force only last ducible terms is “(a) power to take (b) with- tions for other purposes, the government year, now seeks to have the ordinance con- out the owner’s consent, (c) for the public Towards greater inequities effectively wants to treat one batch of lan- Kejriwal signalled that it would not tolerate any dis- firmed in Parliament. Ought we not to heed use,” after payment of compensation. The removal of the right to property from downers differently from other batches of sidence in the organisation. Both Mr. Bhushan and Mr. to Pericles’s cautionary tale? In its original form, the Constitution not its status as a fundamental right might have landowners. To justify such classification, Yadav were apparently willing to step down from the only guaranteed to all citizens a freedom to even helped, in the short run, in bringing the state will have to show us not only that Prior consent panel, but wanted an honourable exit: either through a acquire, hold, and dispose of property, but forth greater parity in land ownership. But, the distinction between acquisitions for ru- complete reconstitution of the PAC or by informally In short, the proposed amendment bill to also provided that no person shall be de- in today’s neo-liberal atmosphere, this has ral infrastructure or industrial corridors — the Right to Fair Compensation and Trans- prived of his or her property except by au- only contributed towards greater inequities. which are grouped specially — and acquisi- staying away from its meetings. But the Kejriwal fac- parency in Land Acquisition, Rehabilitation tions, say, for wildlife protection is an intelli- tion, with his deputy Manish Sisodia in the forefront, and Resettlement Act of 2013 (LARR Act), gible one, but also that this distinction bears wanted to publicly signal that there could be no ques- which replaced the colonial-era Land Acqui- The removal of the right to property as a fundamental right some rational relation to the object of the tioning of the leadership of Mr. Kejriwal. Although the sition Act of 1894, aims to do the following. might have even helped in bringing forth greater parity in land former acquisitions. As the Supreme Court One, it removes a previous bar on acquisi- “ held in Vajravelu Mudaliar’s case (1965), to differences within the AAP revolving around the lead- ownership. But, in today’s neo-liberal environment, this has only ership style of Mr. Kejriwal have a long history, the tions by the state for the purposes of estab- argue thus would be to put the cart before lishing private hospitals and educational contributed towards greater inequities. the horse. “It is one thing to say that the immediate trigger for the crisis was the continuation of institutions. Two, it removes a requirement existing differences between persons and Mr. Kejriwal in the organisational post after he was established under the LARR Act that neces- ” properties have a reasonable relation to the sworn in Chief Minister of Delhi, which is prohibited sitated the prior consent of at least 80 per thority of law. And where property was After the constitutional amendment, object sought to be achieved and it is totally a under the party’s rule of one person-one post. But Mr. cent of affected families when acquiring land acquired for a public purpose, the taker was through the archaic Land Acquisition Act of different thing to say that the object of the Kejriwal’s loyalists would hear of no such thing, and for private companies. And three, it removes also required to compensate the landowner. 1894, different governments oversaw arbi- Act itself created the differences,” wrote wanted him to continue in the top party post. Notwith- a necessity for a detailed social impact as- Immediately after the Constitution came in- trary expropriation of land, particularly Justice Subba Rao. “Assuming that the said sessment (SIA) mandated by the LARR Act to force, however, the state found its social from farmers, by expanding the definition of proposition is sound, we cannot discover any standing his offer to step down as national convener, for land acquired for a special category of reform programme thwarted by an inability “public purpose” to absurd lengths. The differences in the people owning lands or in Mr. Kejriwal gave free rein to his supporters in the purposes, such as projects vital to national to reimburse zamindars for lands expro- LARR Act sought to cure this imbalance. And the lands on the basis of the object.” The party to silence dissidents and dissenters. security and the defence of India, “industrial priated from them. Consequently, a plethora to the extent that it provided for an en- creation of a separate category of purposes, Mr. Kejriwal is no doubt the face of the party and is corridors,” and “infrastructure” projects. As of constitutional amendments were intro- hanced, and a more just compensation, for a therefore, militates against principles of central to the party’s fortunes both as Delhi Chief Yogendra Yadav argued in The Hindu, these duced, and a number of pieces of legislation social and environmental impact assess- equality contained in Article 14. Neither the amendments exemplify an exercise of state aimed at land reforms were placed beyond ment, and for a voice to landowners, the new land that is being acquired nor the people Minister and a front-line leader of the AAP. But the power sans reason, and are based on nau- the scope of judicial review. Ultimately, in legislation was a success. from whom the land is being acquired stand question implied in the challenge from Mr. Yadav and seatingly vague assertions of a need for de- 1978, the Janata Party, which had come into But the realignment of the right to proper- on any special footing that justifies the pre- Mr. Bhushan is the party leader’s commitment to in- velopment. But what’s equally disturbing power following the Indira Gandhi-enforced ty in 1978 continues to hold force. Therefore, sent amendment. ternal democracy, an issue that the AAP has taken great about the bill is that at least some of the Emergency, removed the guarantee of the the state can, today, very plausibly argue in The other limb of the state’s case is that pride in differentiating itself from other parties. Mr. changes that the amendments propose, if right to property as a fundamental right. favour of the present amendment bill as fol- eminent domain, which inheres in a sover- Kejriwal, for all his talk of transparency and democrat- passed, would also be patently Article 19(1)(f), which gave citizens the free- lows. One, consent of landowners is not re- eign, does not necessitate consent of lan- unconstitutional. dom to acquire, hold, and dispose of proper- quired as a matter of constitutional downers, and also does not mandate an SIA. ic processes, is sometimes impulsive in his ways and Such arguments, however, ignore a further wont to surround himself with a coterie of subservient precondition for the exercise of powers of second-rung leaders. As a party campaigning for prob- compulsory acquisition: the existence of a ity in public life and equal access to public resources for CARTOONSCAPE public purpose. In Kameshwar Singh’s case, all, the AAP holds great promise. But a politics revolv- Justice Mahajan found that even if the Con- stitution did not expressly provide that a ing around a personality cult will achieve little. The public purpose was required for employing Delhi victory was not Mr. Kejriwal’s alone, and the eminent domain, such a condition was attempts to undermine the democratic structure of the implied. party would have long-term consequences. Without a Now, we might want to ask ourselves this: democratic structure, the AAP cannot hope to win the if no SIA is conducted, can the state confi- people’s confidence, relying only on Mr. Kejriwal as a dently argue that a proposed acquisition fur- thers public interest? Would it not defeat mascot. It needs to expand beyond Delhi to take on the logic to contend that the establishment of a BJP in substantive terms, and that onerous task re- new industry, in and by itself, is for a public quires a strong organisational base — which alone can purpose, when the state is in no position to provide inspiration for a consolidation of mass senti- comment on the impact that an expropria- ment in the AAP’s favour. tion might have on landowners? The neces- sity for an SIA, therefore, is intrinsic to eminent domain. The LARR Act merely for- malised this requirement, by establishing a procedure for SIA. It was in similar vein that consent of landowners was mandated when Surprises in acquisition was made for the benefit of pri- vate companies. If the legislature were to do away with these requirements altogether, quick succession there would be no legitimate way for govern- ment to justify any acquisition as fulfilling a eserve Bank of India Governor Dr. Raghuram public purpose. When the ruling party ar- Rajan has a penchant for surprises. For the gues in favour of the proposed amendments, second time inside of two months, he chose to in Parliament, therefore, it ought to also R cut the key repo rate outside the standard show us how these provisions will fulfil the conditions of equality under the policy cycle. In all, the rate has been cut by 50 basis Constitution. points in two equal instalments. The surprise this time (Suhrith Parthasarathy is an advocate in around should be read in the context of confusing the Madras High Court.) signals that the Governor had transmitted just a day prior to the announcement of the 25 basis points cut on Letters emailed to [email protected] must carry the full Wednesday. Pointing to an ‘avalanche of capital flows’ LETTERS TO THE EDITOR postal address and the full name or the name with initials. while addressing a meeting in Mumbai, Dr. Rajan said: “We cannot cut the interest rates very quickly to the of rape, domestic violence, dowry What is the Home Minister so Dirty Picture, a representation of AAP shapes in Delhi. The success of bone in order to tell those countries: don’t come here ‘India’s Daughter’ deaths, female infanticide and acid furious about? Why doesn’t he an actor’s life, met with great the party’s new direction in expecting high interest rates.” What changed in these While the debate on whether or not attacks. It showed the regressive reserve such fury to counter success. India’s Daughter would governance will go a long way in two days? The timing of the rate cut, coming as it did to ban the BBC documentary, mindset of the accused and his fundamentalism and make this have enabled us to probe the establishing how a democratic India’s Daughter, rages, one cannot defence lawyers who blame the republic safer for everyone? The motive and opinions of the political party can handle the within a few days of the Modi Government’s first full- help but wonder why it most often victim. It has been said that film-makers acquired the relevant criminals. Films only help bring to problems of the common man. The year Budget has, predictably, set tongues wagging. Two needs a foreigner or a foreign nothing has happened to many permissions and it is surprising the limelight the perverse thoughts party’s leaders must think of a favourable factors — the agreement with the govern- organisation to show the nation others who have committed that he now wants an investigation. of abhorrent convicts and create robust party structure that can ment on inflation-targeting, and retail inflation at be- what it must be debating in the first similar heinous crimes but a big It is irrational and absurd to take awareness. handle differences and low policy expectations — seem to have provided a place (Editorial, March 5). Our issue has been made out of this. the views of a sick, unlettered Meenakshi Pattabiraman, disagreements within the party sense of comfort for the Governor to go in for a rate cut. media houses are becoming so This has exposed our failure to convict as mirroring Indian society Madurai (“Yogendra, Prashant out of key insensitive that they are no longer punish those including several as a whole. AAP panel,” March 5). While there is no particular sanctity about the policy interested in sustaining any sort of from the political class who have Amar Jagrath, The documentary would have C. Koshy John, cycle which may not coincide with other developments, campaign that they start. We have gotten away with heinous crimes Lucknow exposed the inborn criminality in Pune the question still arises as to why it was timed for now. stopped making, or rather have like rape. the perpetrators, vindicating The Governor has justified it on the ground that any never ventured to produce, world- Reya Amrawat, Decades might have passed since Italian criminologist Cesare Ban on beef policy action has to be an anticipatory one. The latest class documentaries that focus Jodhpur Mother India was penned by Lombroso’s theory of criminal I am a vegetarian by practice, but I rate cut, in a way, will erase the widespread perception attention on the Indian way of life, Katherine Mayo, who was highly atavism, which states that some am deeply hurt and shocked by the or for that matter on what ails the In this day and age where people critical of the many weaknesses of individuals are innately criminal ban imposed by the Maharashtra that the RBI and the government have been pulling in resurgent India. It took a Michael are obsessed with “selfies” and Indian society. Even Mahatma and that no amount of punishment government on beef consumption different directions. Wood to show us “The Story of with how many “likes” they get for Gandhi characterised the book as a or treatment can change them. (“Maharashtra beef traders may The reference to the ‘avalanche of capital flows’ India” or a Wendy Doniger to show their pictures on social media, I “drain inspector’s report”. All that Nirbhaya’s rapists fall in this move SC,” March 5). The perhaps gives a clue or two to Dr. Rajan’s acute unease. us a different view of Hinduism doubt whether the controversial has not stopped the BBC or its category — incorrigible criminals government has no right to enter Foreign capital flow is a double-edged sword. On the which we consciously avoid seeing. documentary will serve the journalists from embarking on a without an iota of repentance. the kitchen of a citizen and advise The gravity of the current debate purpose of enlightening people new chapter, in multimedia format Sumit Paul, him on what he should or should one hand, it can serve to swell the nation’s pride. On the aside, it is through discussion, about the mindsets of criminals. in keeping with the times we live in. Pune not eat. If it is the idea of the other, it can also hurt the country’s economy. Un- criticism and counterargument Such documentaries should be One would have expected the government that vegetarianism bridled flow of capital could drive the rupee value up, that a dominant view or stand made available to only academics Indian media and Parliament, Mukesh Singh’s views reflect the should be promoted on health and make Indian exports uncompetitive in the global emerges and a society gains clarity and researchers in criminal which has a glorious record in mindset of much of India — that a grounds, then it should ban all marketplace. Money flows to where returns are high. about its understanding of itself. psychology and related fields. upholding values in a society as old girl should be subordinate to a boy. meat, and also fish. The beef ban Dr. Rajan is aware of the consequence of keeping the When we happily avoid such Herinder Kaur Brar, and diverse as ours, to research the Most people in India still believe in appears to be nothing but a blatant exercises, we can satisfactorily Noida track record, motivation and an Indian-ness which confines attempt to promote a right-wing interest rate high when central banks across the world conclude that we are heading in the timing of a western-sponsored mother, sister and wife to the agenda. For the poor, beef is the are cutting rates. Ipso facto, rupee-related concerns wrong direction. One does not need Solomon’s documentary on a rape incident household. Those who support only affordable red meat. appear to have pushed the RBI to opt for a rate-cut Anil Vishnu G.K., wisdom to understand the male which set in motion far-reaching absolute freedom for women are T. Anand Raj, decision. This is a non-inflationary way of tackling any Bengaluru psyche not only in India but also changes by Indian standards. those from the elite and liberal- Chennai possible capital flow-induced disturbances to the ru- throughout the world when it Instead, we now witness a sorry thinking sections. Screening the Some people have viewed the concerns women. The spectacle of knee-jerk reactions, documentary would have given an The ban is unfortunate and pee. “We can act against temporary undesirable vola- documentary on the Internet on documentary would have shed for and against the documentary. opportunity for our democracy to politically motivated and will tility. It is very hard for us to act on a sustained basis to sites that provide live feed of some light on legitimate questions N.K. Raveendran, uncover its flaws and get citizens to destroy the economy of thousands maintain a value of the rupee,” Dr. Rajan told an analy- western TV channels (“Govt. firm such as what made the gang inflict Bengaluru discuss, debate and reform. of families who depend on it for sts’ conference after the rate cut. It is indeed a smart on documentary ban; BBC such trauma on an unknown I. Mohan Krishna Reddy, their livelihood. If there are no win-win act that should please many a restless constit- advances telecast,” March 5). It woman. Do they not hail from The impact of films on society is Chennur, Andhra Pradesh political or religious motives, then uency in the economy. Significantly, banks have been was unfair to prejudge it before families where there are women? undeniable, as seen in the case of why doesn’t the government ban actually seeing it. It was said to be What is the role of boys in a Jayaprakash of Tamil Nadu who Trouble in AAP the eating of mutton and chicken playing reluctant participants in the double-quick two- chilling, and exposed the brutal changing India? committed nine murders inspired All democratic nations have their too? Why not ban fish as well, then? round rate cuts. Perhaps, fixing supply-side issues may reality of our male-dominated Victor Frank A., by a Tamil film, Nooravathu Naal eyes on the way the unique K. Muhammed Ismayil, have to get top priority now. society where women are victims Chennai (100th Day). At the same time, political experiment called the Kozhikode

CM ND-ND YK KOCHI 8 EDITORIAL THE HINDU SATURDAY, MARCH 7, 2015 The sadness of silence Shiv Visvanathan to be our true history. The history, the real India is a society where the poor, the nomad and history of Partition, is the history of its si- find myself at odds with our current the abandoned are waiting for someone to lences. When Partition is written about in society which is ravenous about news, political terms as a transfer of power, its greedy for information, disgruntled discover their silence. Today, silence is the secret political history appears to be pomposity. As Iabout noise, and yet never talks about history, it is a conversation of nation states SATURDAY, MARCH 7, 2015 silence. I think silence needs a storyteller. In untold commons of a forgotten India and our and a silencing of a people. fact, silence needs a demography to map its I wish I could write a history on the silenc- messages. In all the noise about self-con- democracy will come alive the day we decode the es of Partition. I realise that it is a silence scious selfies, I want to talk about a different desperate for speech, and praying for a com- A discriminatory world. At one level, it is the same world, but silence of our majorities. Then, that silence will munity of listeners. The absence of memory no one talks about it. This world of silence move from impoverishment to life and a lack of listeners condemn silence to a has no representation, no voice, no effort of double ritual of torture. I remember a poi- decision art that captures its messages, its nuances. silence. Silence does not merely claim the speech. It was a silence which was comple- gnant moment where the journalist, Shefa- poor. Its census of untold stories includes mentary to speech. I am more worried about lee Vasudev, telephoned me once to talk of A city’s attitude he manner in which the Devendra Fadnavis the old, the unemployed, the widowed, the a silence that goes beyond muteness to an old man who went to see the movie “Ga- government in Maharashtra has scrapped the I still remember this old man who sits defeated in every niche of society. I have speechlessness. I know this silence can dar” 52 times. He was a Partition victim, a near the red light, poised precariously on a seen it even among middle class executives, speak, even protest at times, yet that speech lone survivor haunted by memories which judicially allowed 5 per cent reservation for pavement. He is prematurely old. He looks especially those who retire in their prime. of silence is like a dying spark without the had no community. He went and sat in the T Muslims in educational institutions shows it beseechingly at you as the car stops. He does They seem full of ideas, alive with inven- fire. theatre so that his silence could at least find a has no qualms about being seen as discriminating not beg, he does not speak. He sits silently, tions, and in the beginning one senses their double, even an idiot double in a Partition against the minority community. The reason given in quietly, exploding with questions and still anger with an economy that suddenly does Silence and history film. If Partition was obscene, the silence the Government Resolution scrapping the quota, in- watches sadly as the car passes him by. My not want them. They are angry at first but as I still remember a picture that haunts me. that followed it was doubly obscene. I re- troduced first through an ordinance in July 2014, is driver, a folk authority on Delhi, told me that their world shrinks, as listeners disappear, I It appeared recently in all the national news- member the psychologist, Ashis Nandy, once there are hundreds of old people like this often see them walking alone. Sometimes I papers. It was a protest by a group of Narma- mentioning that even husbands and wives specious: it merely states that the ordinance lapsed in across Delhi. Their families don’t want them. feel untimely retirement and unemploy- da dam oustees, a whole group lying who had lived through Partition sometimes December. The irony behind the policy decision is that They feel unloved. After a meagre breakfast, ment destroys more people than illness. Ill- submerged in silence. They sat silently in the never talked about it. Such is the tyranny of this quota was the only portion of the ordinance that they leave home and spend the day sitting on ness at least produces the speech of suffering water for over a fortnight before the media pain and silence that haunts Partition. was permitted to operate by the Bombay High Court in pavements, watching people, tired with ex- Sometimes the silencing of a story comes its interim order of November 2014. The High Court pectation and hope. Their eyes speak from official definitions. I remember Ganesh speechlessly. There are no tears. They watch Devy, the literary critic, once told me that held, prima facie, that the 16 per cent quota for the The official is a form of silencing. The government defined a with innocence. The driver said, “I hate red language as a form of life which needs a script. In one the official is a form of silencing. The govern- Maratha community in both education and employ- lights in a city. They remind me of the home- “ ment of India defined a language as a form of ment was unconstitutional. The Court agreed with the less, the beggars, the old. It is a stop for all indifferent stroke, it condemned all the oral languages of India life which needs a script. In one indifferent conclusions of the State Backward Classes Commission the people we abandon and forget.” He ut- to silence. stroke, it condemned all the oral languages that the Maratha community could not be termed tered an obscenity which described the atti- of India to silence. The silencing of the tribal backward in view of its dominant social position. The tude of the city, a heartlessness which had no ” was one of the great crimes of modern India. place for the defeated. It goes beyond the deafness of mutes. In Court stayed reservation for Muslims in public em- I probed a bit more. A few days later, a and screams of pain. Even death provides the even took cognisance of them. The silence of silencing the tribal we robbed him of his ployment, while allowing it in government and aided friend and I were driving around Kashmiri litany of mourning but retirement, retrench- the protesters spoke of the amnesia of devel- identity, his memory, his myth. It was an educational institutions. Yet, the government got a Bill Gate bus stop in Delhi. It was night. Men ment create fragments of silence. In fact, opment, of the empty promises of the nation imposition of vulnerability leading inevita- passed in the State Assembly providing for reservation were littered all over the pavements, asleep. people disappear. They cease being a part of state. The picture disappeared quickly and bly to annihilation. for Marathas. It appears bent upon implementing a They were covered in gunny bags. A few had the social. They belong to what I call the new yet the faces and feet of the protesters Sometimes as I watched this silence un- policy measure that helps the Maratha community patched up quilts and were shivering in the shadow economy, a society without speech. haunted. They had discovered the speech of folding like a shadow play or a tableau, I feel cold. My friend said, “Homelessness is a silence and yet it hardly left a trace on the a sense of desperation. I sense it particularly despite the fact that this approach was stayed. Yet the strange world of citizenship. Do you know Development and promises media. The media today seems full of noise with old age. I think it takes courage to be old government is not interested in continuing with the these people have to pay land sharks to sleep I know that religion and philosophy speak and its amnesia about suffering makes it today and I am not sure I have it. Muslim quota, which has judicial sanction. on the road?” Many looked distraught, too about the wisdom of silence. Here, silence obscene. It is as if our information society Age and information It may be argued that reservation for Muslims is tired to speak. Some lay drugged in tire- seems to be its own ecology. It does not need has no memory for the defeated and the invalid as it amounts to discrimination on religious dness. One or two slept with stray dogs words. I have imagined sages sitting in si- abandoned. One suspects that our aspira- A friend of mine once exploded in desper- which added to the warmth and possibly to lence. Gandhi used to keep days of silence. tional mobile society is embarrassed by the ation. He told me we have destroyed old age grounds, which is expressly prohibited by the Constitu- the companionship. It was a nightly tableau But this silence was voluntary. It was a set of defeated. with information. Old age had a beauty be- tion. Yet, several courts have recognised that where the across the pavements of Delhi enacted in punctuation marks in a life marked by Silence and the muteness of silence seem fore the information revolution. Now, as reservation is for identified subgroups within a reli- soon as we hear about Alzheimer’s disease gious community, and extended on the ground of social we react mechanically. We rush to the net and educational backwardness based on quantifiable and analyse every little information. Today, data, such affirmative action is valid. In the case of Alzheimer’s is a downloaded disease. It pre- CARTOONSCAPE vents us from reaching out to the old, reac- Maharashtra, the quota is applicable to 50 identified hing out to their memories. Instead, we sub-communities among Muslims. In Tamil Nadu, too, follow the instructions from the Internet. 3.5 per cent reservation for Muslims is being imple- The more literate we are, the more digital we mented without any problem, mainly because it is become. We follow abstract instructions in- applicable to them not on the ground of religion but on stead of conversing with the old. They be- come objects. We silence them, without the basis of their social and educational backwardness. listening. My friend mourned that his father Several reports, mainly those of the Sachar Committee, died confused, perplexed and silent because the Ranganath Misra Commission and the Mehmood- the official idea of Alzheimer’s denied him ur-Rehman Study Group have accepted that Muslims his sensitivity, his experiences of old age. are educationally and socially backward, and special The noise of scientific information reduces measures are needed to bring them into the main- old age to helpless silence, a pathetic despair. I often feel history and modern media is stream of secular education. The government could too much noise. When I walk around India, have pursued the ongoing litigation on both kinds of whether it is in its small towns or the little reservation to its logical conclusion in the Supreme locality where I live, I often felt the act of Court before acting in a manner contrary to what the storytelling will be an attempt to resuscitate interim orders permit. If it is serious about its commit- the story of its silences. I think of the silence of Muslim women raped in 2002, the silence ment to minority welfare, it should provide better of the displaced, the silence of old age, of access and greater opportunities to Muslims to pursue faces on the pavement and I sense the help- avenues of secular education. lessness of my social science. I think India is a society where the poor, the nomad, the abandoned are waiting mute so someone dis- covers their silence. Silence is today the se- cret untold commons of a forgotten India. I Promising feel democracy will come alive the day we decode the silence of our majorities. Then, that silence will move from impoverishment first step to life. Desperately, urgently, a new ecology of life needs to come alive, a story telling he Modi government’s decision to engage Is- which goes beyond the language of rights, and captures the history of the last 100 years. lamabad can only be welcomed given the de- A democracy subject to the sadness of si- cision to open up to South Asia in a big way. lence is doomed to the most devastating of T Several key initiatives of the government are tyrannies. This is the future that haunts contingent on a peaceful South Asia. And, there is little India. doubt that a peaceful region will be key to realising (Shiv Visvanathan is a professor at Jindal India’s own growth potential. Even if there has been School of Government and Public Policy.) little change in the attitude of Pakistan’s permanent establishment towards reining in anti-India terror Letters emailed to [email protected] must carry the full groups, talks held by Foreign Secretary S. Jaishankar LETTERS TO THE EDITOR postal address and the full name or the name with initials. with his Pakistani counterpart Aizaz Chaudhry in Isla- mabad could hold the key to the future of the bilateral a mirror unto India in which I see this an academic discourse, much that has traditionally been a local governments are best Nirbhaya documentary the reflections of my family, my needs to be done to ensure justice microcosm of India’s diversity. It positioned to provide public relationship. The two met after India abruptly can- What truth are Indians talking neighbourhood, my city and my for “India’s Daughter”. For this, may even be a harbinger of things to services. The FFC, the Economic celled what were billed as “talks about talks” between about when they commit to the country. The mirror shows me that airing the documentary is a come. Survey and the Budget clearly Foreign Secretaries last year following a meeting be- same drudgery that puts women my country can have laws strong necessity. If the so-called champions of indicate such a shift. Till now, State tween separatist Hurriyat leaders and the Pakistani through everyday life as it has been enough to bring the perpetrators to Anu Kuriakose, Hinduism are pained by the budgets have been grossly envoy in Delhi. As has become the norm in India- for centuries? How often do we see justice. It also shows me there are Thiruvananthapuram “suffering of cows” as they would neglected by the media, and the Pakistan relations, the cancellation came after Prime a responsible portrayal of incidents people who can bring about change. have us believe, they would do well time has come to accord them equal that happen to our many I have learnt that the documentary I can never understand the to take substantive efforts to importance. The decentralisation Minister Nawaz Sharif, along with other SAARC lead- Nirbhayas? Some TV channels do does not show India in a negative sentiments of a majority of the ensure that cows, that help enhance process should be taken forward to ers, was invited to attend Narendra Modi’s swearing-in not even have a basic sense of news light, nor does it declare India to be Indian public when they protest to agricultural productivity, are well- its logical conclusion by giving local ceremony last May, raising hopes for a positive engage- portrayal of such heinous crimes, some sort of “rapists’ own country”. stop the telecast of the fed and properly maintained, governments more power and ment. Since then, Pakistani and Indian forces have and the result is more often about I would like to believe that the documentary. How could it shame instead of having to loiter around autonomy. been exchanging fire intermittently across the Line of devouring the victim than the documentary is impartial in its Nirbhaya? I believe its airing would garbage dumps as seems to be the M.S.G. Subramaniam, Control and the international border. perpetrator. So, if the BBC takes up perspective towards the incident. open up options to curb the norm in many parts of India. Chennai a project to bring to light the Aritra Bhattacharyya, growing trend of violence against Rahul Bajaj, So, the Modi government’s decision to send its new conditions of women who have to Chinsurah, West Bengal women in our cities. Does everyone Nagpur India has been “growing” ever since Foreign Secretary is a step in the right direction even as suffer molestation, harassment, believe the Delhi rape case was a Independence, but the growth has a full resumption of dialogue between the two coun- acid attacks and social From what I understand about the singularity? A great amount of Budget talk not translated into the well-being tries is awaited. Both sides said little that departed stigmatisation, our government is documentary, though the awareness on treating women with of the common man as it has always from the customary exchange of political rhetoric. The content to play Big Brother and ban gruesome incident has been respect needs to be instilled in our Jean Drèze’s article on the Budget, been corporate-oriented. all such sources that aim to analysed and looked at from the society. We are proud of our culture “Nehruvian budget in the corporate According to UNESCO’s “EFA Modi government has had enough time to understand enlighten us (“After government perspective of gender equality, but give very little space to women age” (March 5), is a clear picture of [Education for All] Global the issues at hand and must now take a call on how to bans film, Internet releases it,” security, emancipation and rights, I who seek education or what the present government Monitoring Report (GMR) 2013/14, move forward with Pakistan. There are two options March 6). What next is it going to am sure that it treads these tenets employment. Women still struggle professes support for: the Teaching and Learning: Achieving before the two governments — to pick up the threads of ban? in such a manner that it does not to preserve their individuality and corporate world. It is a reminder Quality For All,” India has a large the “two plus six” structured dialogue agreed to in 1997 Anupama Athena, jeopardise the present social it is still a fight, be it at home or that India has yet to fulfil its basic (adult) illiterate population in the which has made little or no progress — or agree to a new Chandigarh awakening, order and peace. outside to be independent. needs. India will be a proud nation, world — numbering 287 million. B.S. Selvakumar, Archana Manoj, especially of the young, only when Of the 10 countries that account structure more in line with 21st century realities. But It is a known fact that The Hindu is Vellore Bengaluru it recognises its human capital. for 72 per cent of the global given the track record of bilateral negotiations, it is a strong advocate of the abolition of Haoginlen Chongloi, population of illiterate adults, India unlikely that the latter option would be pursued. There the death penalty in India. Initially The question now is whether we Beef ban Imphal, Manipur occupies first place. And still, the is no reason the two sides should not try to frame a new I supported the idea that capital should lend an ear to convicts and Union Budget talks about structure of negotiations that jettison the past agendas. punishment is a crude and then debate this as an issue of The ban in Maharashtra will largely The article appears to support the infrastructure development and primitive form of punishing freedom of expression. The affect Mumbai and Pune which play idea that the Budget overlooks world-class highways. Of course, Sir Creek, Siachen, terrorism and Kashmir are all someone. But after reading about documentary is said to give space to a pivotal role in making India the human capital. I feel the Budget there is growth and development. known and identified issues in bilateral ties; even the the audacious and arrogant views of defence lawyers who then go on to world’s second largest exporter of should be seen along with the FFC The question is: whose? It is resolution of the “easier” issues has proved elusive Mukesh Singh, I am of the opinion make sexist arguments, especially beef. It will promote widespread recommendation of a higher pathetic to see successive given the blow-hot, blow-cold nature of the relation- that even the death sentence is an by bringing in the images of a unemployment and result in devolution of funds to States. The governments governing the ship. If the oft-repeated statement that countries can’t inadequate punishment for the “flower” and a “thorn”. The deleterious consequences for essay, “India’s Federal Institutions country, only to safeguard the change their neighbours is to have substance, then both convict. comments of these so-called Maharashtra’s burgeoning food and Economic Reform”, in the book interests of the corporate sector B.S. Jayaraman, “advocates of justice” are indeed industry. The ban must be seen as a Public Institutions in India, clearly and at the cost of the vast majority Mr. Modi and Mr. Sharif have a golden opportunity to Coimbatore most disturbing and show that bid to deprive a large religious articulates that the Central of the poor. take bilateral ties to a new level. Mr. Jaishankar’s efforts to bring about gender justice group the right to act in consonance government is the best agency for Sukumaran C.V., Islamabad visit is a promising first step. Film-maker Leslee Udwin has held will be difficult. Rather than make with its religious beliefs in a State tax collection, while the State and Palakkad

CM KI-TRKM YK NOIDA/DELHI 8 EDITORIAL THE HINDU MONDAY, MARCH 9, 2015 No leg to stand on N. Ram with a documentary film “we are committed India’s Daughter is a powerful and sensitive to making in the public interest” that would t takes a special political talent and documentary that is part of a global campaign go deep into “the issue of gender-based vio- habit of mind to ban something that lence against women in India” and help “un- you haven’t seen, that the rest of the against rape, violence against women, and gender derstand mindsets that indulge in such world will not just see but is set to heinous crimes all over the world.” She re- MONDAY, MARCH 9, 2015 I centre-stage as part of a global campaign inequality. It explores the life and dreams of an quested permission to interview convicts of against rape, other forms of violence against gender violence in Tihar Jail (after obtaining women, and gender inequality. The grounds extraordinary young woman, brutally ended. The their consent, of course) “as the basis of a cited to justify the government’s decision to documentary that dares to go beyond the Vigilantism ban India’s Daughter, Leslee Udwin’s docu- tension between her story and the outrageously ordinary in understanding the issue from the mentary on the Nirbhaya gang rape and reactionary social attitudes expressed on camera source of the action.” She got lucky with murder case and the responses to it, which Mukesh Singh and there can be little doubt in Dimapur NDTV was scheduled to broadcast on In- gives the documentary its power. The that without the interview with him, her ternational Women’s Day, suggest a patholo- documentary would have none of the power hen mobs take the law into their own gy of arbitrariness, irrationality, fact-denial, government’s ban has no leg, social, moral, or it has. hands, a common justification is to cite and confusion. To be fair, the vilification of The question whether this interview was India’s slow and often biased judicial sys- the film, sight unseen, and why and how it legal, to stand on sub judice has been answered clearly in a W tem. This was not one of those cases. Ten was made came not just from the govern- statement issued by the Editors Guild of ment but also from other political parties, dented outpourings of solidarity and protest called the original non-fiction novel. It is the India opposing the ban. “The Nirbhaya in- days after a reported rape in Dimapur, Nagaland, a mob some feminists, and, of course, rival televi- on the streets, led by young women and girls story of the massacre in 1959 of a farmer, his cident,” the Editors Guild has pointed out, broke into the city’s Central Jail, dragged Syed Farid sion channels. who confront the police with no thought of wife, and two of their children by two hard- “has been an obvious matter of public in- Khan, the man accused of having committed the crime, The objections physical safety and are deterred neither by ened criminals, Richard ‘Dick’ Hickock and terest and has been through all the stages of into the streets of the city, and stripped, beat and water cannons nor tear gas shells, offer the Perry Smith. The writer, who was given un- investigation, trial, and confirmation by the lynched him, all the while filming the crime on their If over-the-top allegations such as “a con- documentary a cathartic start. There is no usual access, did several interviews with High Court, been subject to a widespread spiracy to defame India” can be ignored, the editorialising but the message comes both killers after they were convicted and public debate and discussion, protests and phones. There was no delayed justice, no compromised grounds cited to justify the ban narrow down through. came up with an unforgettable psychological demonstrations, and enquiry by the Justice police force, no shocking acquittal here, yet the mob to three. They are that (a) broadcasting or As for motive, the test of any creative work portrait of capital crime. The Executioner’s Verma Commission that suggested reform of decided to kill a man who merely stood accused of a otherwise disseminating India’s Daughter, is sincerity. Can there be any doubt after Song by Norman Mailer, which re-tells in the law. To raise the issue of sub judice now crime. The fact that the deceased was a Muslim — or a and especially the interview with Mukesh watching India’s Daughter that the film- spare, non-judgmental prose the story of a at the stage of final appeal in the Supreme “Bangladeshi”, as has become the shorthand in large Singh, the convicted rapist and killer, will maker was inspired by the tremendous re- double murderer, Gary Gilmore, is another Court and seek to still discussion is absurd. parts of India including its northeast — was central to threaten public order by “encouraging and sponse on the streets of India, which gave celebrated work in the same genre, although Judges, particularly in the Supreme Court, inciting violence against women,” instilling hope to her personally and to rape victims Mailer took a different route to his material are by training and temperament immune to the mob’s fury. Using violence to act out caste and fear in them, and leading to “a huge public and campaigners against gender inequality from Capote. the happenings in the public sphere outside religious hatred has a long and inglorious history in outcry and serious law and order problem”; the court, and it is an insult to the Supreme India, and sexual violence too frequently has under- (b) providing a platform for a man convicted Court to suggest that the airing of the con- pinnings of caste and religious hatred to it. of rape and murder to “use the media to Can there be any doubt that the film-maker was inspired by vict’s perverted views would tend to inter- A society’s violence and bigotries do not exist in silos, further his own case” when an appeal is the“ tremendous response on the streets of India, which gave fere with the course of justice.” yet India has made the dangerous mistake of beginning pending in the Supreme Court of India is sub Flawless compliance judice; and (c) the “permission conditions” hope to her personally and to rape victims and campaigners to address its sexual violence problem as if it were a laid down by the Tihar jail administration around the world? Finally, did the documentary film-maker localised infection rather than a metastasising cancer. were “violated” by the documentary ” violate “permission conditions,” as Home Respecting the rule of law is as important when con- film-maker. Minister Rajnath Singh has alleged in Parlia- demning a rapist’s actions as it is when condemning Let us take up each objection in turn. and violence against women around the Journalists and film-makers rarely take ment? A close reading of the relevant papers those of a murderous mob. A society that believes that India’s Daughter is a powerful, sensitive, world? the straight route to the material they are establishes that this is one of those rare cases and well-crafted exploration of the life and The interviews determined to get. Textbooks on investiga- where compliance with the procedures and every woman, irrespective of her moral or sexual choic- dreams of Nirbhaya and her progressive and tive journalism, and the canons of literary conditions precedent was flawless every step es, has the right to her own body, must also believe that nurturing working class family who sold an- What about the interviews with Mukesh non-fiction, make an allowance for the use of of the way. a person, irrespective of the crime he is accused of, has cestral land and made other sacrifices to see Singh and the two defence lawyers? Indian deception when it comes to gaining access to The government has withheld from the the right to the due process of law. One that believes in her through her para-medical education. authorities, who assigned guilt by transfer- otherwise inaccessible material — provided public the fact that the original condition meting out its own version of subjective ‘justice’ is The central, liberating theme of the docu- ence to the film for the convict’s lack of the pursuit is in the public interest. laid down, in an official letter, dated July 26, equally likely to condone a father killing his daughter mentary, a simple statement that a narrator remorse and for his “chauvinistic and derog- I have been given access to all the material 2013, from the office of the Director General attributes to Nirbhaya, is “a girl can do any- atory view regarding women in general and communications between the documentary (Prisons) that permission was being given for having premarital sex as it is to encourage the thing.” The tension between a life shaped by the victim in particular,” have been acting as film-maker and the authorities and they es- for “releasing the documentary film which is murder of a suspected rapist. It would be wrong to see this unshakeable inner conviction and though interviews and interactions with tablish that at no stage did Ms Udwin resort being made for purely social purposes with- this act of mob ‘justice’ as a response to India’s height- heart-rendingly cut short and the outra- convicted criminals were something new to to deception. She made it clear from the start out any commercial interest” was dropped ened revulsion of rape; it is in fact to be seen as a part of geously reactionary social attitudes, ex- journalism and documentary film-making. that she would like to gain access to the after the film-maker wanted a change in the India’s growing violence and lawlessness which has so pressed without the slightest inhibition and Literary journalism has thrived on such fo- convicts in the Nirbhaya case. In her first language. That letter was superseded by an- captured on camera, gives India’s Daughter rays into the world and mind of those who official letter, dated July 22, 2013, co-signed other, dated August 20, 2013, from the Su- diminished and endangered the lives of its women. The its power. The central narrators are Nirb- have committed the most heinous crimes. In by an Indian director, to Vimla Mehra, Di- perintendent (Jails), Prison Headquarters, mob in Dimapur did not make its streets safer for haya’s parents who want her story to be told, Cold Blood by Truman Capote is one of the rector-General (Prisons), New Delhi, Ms Ud- Tihar, which laid down the condition that women; it made its air more dangerous for everyone. real name, provenance, and all. The unprece- finest works in the genre and is sometimes win sought the jail administration’s help “the complete unedited, raw footage of the The new conversation that India began in December shoot in the Tihar Jail premises will be 2012 should have led to a re-evaluation of all our bigot- shown to the Delhi Prison Administration to ries and prejudices, all the demons within; instead, an ensure there is no breach of Prison security.” The subsequent official correspondence incomplete revolution has taken place, one that may do CARTOONSCAPE establishes that in December 2013, Ms Ud- as much harm as good, and is no closer to a fuller idea of win brought some 13 hours of raw, unedited justice. The brutal vigilantism of the kind that was footage recorded within Tihar Jail for witnessed in the Dimapur killing does India no good any screening before the review committee but more than the crude misogynist remarks of the defence after viewing it over two days, December 9 lawyers in the India’s Daughter documentary. and 10, the committee discovered nothing negative that could lead to a breach of prison security. However, finding the reviewing task too taxing, it requested a shortened ver- sion of the footage. The editing work took some time and during this period, with re- Welcome push gime change happening in New Delhi, the Prison Administration seems to have got cold feet. Numerous emails and letters from on infrastructure Ms Udwin and her lawyers went unanswered and finally in June 2014, when “cut-down ell-developed infrastructure is a funda- material” running for about 15 minutes, mental underpinning of any effort to push which would be the only footage going into the documentary, was screened before the the economy into a growth orbit. This reviewing committee, some editorial objec- W requirement has assumed a critical di- tions were raised that had nothing to do with mension for the BJP government’s larger political agen- the conditions laid down. da. Prime Minister Narendra Modi’s ‘Make in India’ The Central government needs to realise pitch has ignited a wave of optimism. Its success, how- that its objections to India’s Daughter have ever, hinges largely on dismantling ground-level hur- no leg, social, moral, or legal, to stand on and that the longer it is in denial about this, the dles. A sense of unease was discernible when Finance more embarrassing it will get for India’s im- Minister Arun Jaitley spoke, while presenting Budget age in the world, on the gender and free 2015, of inadequate infrastructure and major slippages speech questions. The Prime Minister would in projects. “Our infrastructure does not match our do well to undo the retrograde ban immedi- growth ambitions,” he admitted. He evidently realises ately, failing which he could allow it to lapse that stepped-up allocation by itself would not be when it is challenged in the Supreme Court, as it surely will be. enough. He has promised to introduce a plug-and-play model for big-ticket infrastructure projects such as Letters emailed to [email protected] must carry the full power plants, airports and roads. The proposal to revisit LETTERS TO THE EDITOR postal address and the full name or the name with initials. the PPP (public private partnership) mode of infras- tructure development is welcome and inevitable. As- Pole”, and one has to wait and and the judicial system into moving fishermen issue,” March 8). Ms. catamarans using ordinary nets but sorted non-economic risks — from political to social — Politics in J&K watch to see whether this odd faster. Swaraj has rightly responded, is upset about mechanised trawlers have inhibited investment in this space. The toll model The BJP appears to have been coalition will ever work. Kshirasagara Balaji Rao, though in a disarming manner, by and deep sea nets, which decimate for roads is a case in point: ‘toll-risk’ is proving to be a honest in preparing a common M.N. Krishna, Hyderabad saying the issue is a humanitarian marine life. Our fishermen must be dampener for the flow of fresh private funds into the minimum programme but the PDP Hyderabad one. Mr. Wickremesinghe’s educated to respect the sovereignty sector. The changing dynamics call for a new approach. appears to be bent on reversing The lynching of a rape accused is a juxtaposition of the issue with that of other nations and trained to this. It is almost as if the PDP has One expected Mr. Sayeed to start matter of grave concern and of the Italian marines case is a poor explore alternative means of “The sovereign will have to bear a major part of the risk decided to follow a different CMP off well but he hasn’t, having begun coincides with the controversy over analogy. The Italians face survival within Indian waters or without, of course, absorbing it entirely,” Mr. Jaitley than what was agreed upon (“Mufti with his atrocious remarks giving a documentary on a similar subject. manslaughter charges and the land. Is it so difficult? There are had said. Economic Survey 2014-15 also speaks of “dis- orders release of political credit to separatists and Pakistan While public sentiment cannot be matter is pending before the bound to be abundant scientific proportionately high levels of default’’ facing the road prisoners,” March 8). for the smooth conduct of the ignored, any tendency by the Supreme Court. Tamil Nadu’s solutions. sector portfolio owing to the economic downturn. The Jammu and Kashmir Chief elections and then making needless masses to take the law into their fishermen and their Sri Lankan S. Pushpavanam, Survey clearly sees a slowdown in appetite for BOT Minister Mufti Mohammad Sayeed remarks given the volatile situation own hands must be curbed. The counterparts stray because it is Tiruchi is taking steps that will cause the still prevalent in the State. He must State and the Centre need to handle almost impossible to fix territorial (build operate and transfer) PPP projects as a conse- State many setbacks, and the time understand that the people of the situation in tandem and in a jurisdiction on the high seas in the On silence quence. The PPP model was the centrepiece of the has come for the BJP to now protest Jammu and Kashmir yearn for sensitive manner to discern the same manner as is done in the case The article, “The sadness of growth story a decade ago but it has outlived its utility. and warn the PDP. Going to the good governance. main factors behind the anger. of determining a land boundary. silence” (March 7), is an eloquent The proposed Public Contracts (Resolution of Dis- polls once again should not be He must refrain from indulging There is every possibility of The interpretation of territorial commentary on a waning of the putes) Bill and the Regulatory Reform Bill will, it is to be considered a negative step. Any in cheap political gimmicks and regional, communal or parochial waters between nations has always voice of the majority. It seems our hidden agenda of siding with stick to a socio-economic agenda feelings being fanned that could been a grey area. countrymen are quietly learning to hoped, help get stalled projects back on track. The plan separatist elements must be nipped that looks at growth and cause a crisis. It must also be K.R. Jayaprakash Rao, live in an evolving world of silence. for a bankruptcy code must be read in tandem with in the bud. development. Prime Minister ascertained whether the incident is Mysuru Even the feeble voices of the these two proposals. All these should provide a higher Sukumar Talpady, Narendra Modi must rein him in an expression of frustration with a families of those who lost their lives level of comfort to lenders for infrastructure projects. Mangaluru and tell him to adhere to the CMP faulty justice delivery system in a There is nothing shocking about in the Delhi riots or the Gujarat The Budget has also proposed a National Investment in the interest of the State and the State that has seen a number of Mr. Wickremesinghe’s statement. pogrom have been lost in the and Infrastructure Fund with an annual inflow of Mufti Mohammad Sayeed appears nation. rape cases but very few convictions. We appear to forget that Sri Lanka vociferous cacophony of the to be courting controversy right K.R. Srinivasan, Buddhadev Nandi, is a democratic, sovereign republic perpetrators. This is one visible Rs.20,000 crore. This could strengthen the balance from Day 1. I am sure it will be Secunderabad Bishnupur, West Bengal and he has been elected to protect sign of the republic increasingly sheet of infrastructure finance companies such as the difficult now for the BJP to put its sovereignty. becoming insensitive. The writer NHB and the IRFC, and help them improve their lev- forth its plan to rehabilitate nearly Dimapur lynching Fishermen issue The argument in some quarters lamenting the sadness of silence of eraging power and refinancing capacity. This will have a 60,000 Kashmiri Pandit families No right thinking citizen of India The statement by Sri Lankan Prime that it is difficult to identify the the old is another form of reality trigger effect down the line. Simultaneously, Mr. Jaitley who left the Kashmir Valley. It took will appreciate the barbaric Minister Ranil Wickremesinghe International Maritime Boundary that a developing India cannot almost two months for the BJP and incident in Nagaland where Syed that “it was legitimate to shoot Line and that transgressions are ignore. The reality is that his very has planned tax-free infrastructure bonds for projects the PDP to reach common ground Sarif Khan was killed in a brutal and Indian fishermen if they trespassed unintentional does not hold water. existence is not recognised; forget in the rail, road and irrigation sectors. The Budget has and arrive at a consensus on a CMP. inhuman manner for allegedly into Sri Lankan waters”, coming as Even the fishermen who are his voice. In the days to come, also proposed five ultra-mega power projects. With the The PDP should respect the raping a girl in Dimapur (“As it does when the Indian Foreign frequently caught violating the farmers and villagers will also have plug-and-play model, one hopes that the winners of the people’s mandate and contemplate tensions rise, Assam on alert to Minister is on an official tour of IMBL do not take this stand. They to watch silently as the state contracts could begin the project implementation proc- on giving them a stable protect Nagas,” March 8). No one that country and on the eve of the are open in saying that fish stocks expropriates their precious lands ess immediately without worrying about regulatory government, with a focus on has the right to take the law into his proposed tour of the Indian Prime are plenty in Sri Lanka’s waters and without any explanation. One development and job own hands. In a democratic set-up Minister, is unfortunate, that they must be allowed to fish at hopes the majority does not remain clearances and coal or gas linkages. Mr. Jaitley has opportunities. The BJP-PDP there is no place for an “eye for an insensitive, inappropriate and least three days in a week. The fact silent for too long. pressed the right buttons. Whether these initiatives alliance may be a coming together eye” philosophy. The ghastly provocative (“Sushma seeks is that Sri Lanka does not have a Haridasan Rajan, take off depends on how potential investors respond. of the “North Pole and the South incident must jolt our governments humanitarian solution to problem with fishermen in Bengaluru CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU TUESDAY, MARCH 10, 2015 The ban that actually isn’t Sanjay Hegde the same may be transmitted through various For the past week, we have been told that the web portals. Therefore the designated author- n International Women’s Day, documentary India’s Daughter has been banned. ity under I.T. Act may be directed to block such March 8, the news channel NDTV contents in India as and when uploaded/trans- went blank with only a visual of a However, the truth is different. A perusal of three mitted/published and also to block the excerpts lamp, the words ‘India’s Daugh- of the interview already published/transmitted TUESDAY, MARCH 10, 2015 O ters’ and a scroll running beneath it putting documents involving official communication in electronically. Further directions may also be out statements issued by the Editors Guild of issued for preventing the print media from pub- India and others. It reminded me of the blank the matter shows that what has been temporarily lishing the excerpts any further. editorial column in the Indian Express pub- Submitted Please. The power lished on June 28, 1975. This page protested restrained until further orders is the telecasting of Sd/- the censorship that was imposed following an interview recorded with Mukesh Singh (Inspector, Parveen Kumar) the promulgation of Emergency. The same Cyber Crime Cell, to pardon week, the obituary column in the Times of documentary was not to be used for commer- This is to submit that a case view FIR No.29/ Economic Offences Wing. India carried this entry: “D’Ocracy D.E.M, cial reasons and in the public arena. He added 15 Dated 03.03.2015 U/S 504/505/505(1) Response and order he release of the Kashmiri separatist leader beloved husband of T. Ruth, loving father of that a restraining order had been obtained (b)/509 IPC 66-A IT ACT PS EOW, Delhi has Masarat Alam by the Mufti Mohammed Say- L.I. Bertie, brother of Faith, Hope and Jus- against the interview being telecast. been registered and is being investigated by the The Metropolitan magistrate Puneet Pah- tice, expired on June 26.” The Delhi police FIR undersigned. As per reports published in news- wa recorded the following handwritten or- eed government is not so much a national Emergency-era stories, of protesting cen- papers, it has been found that one British film- der, on the morning of March 3, 2015. T security crisis as it is a crisis for the relations sorship within the confines of the law need to The method of obtaining the restraint or- maker Leslee Udwin of BBC has taken Dated: 3.3.2015 (At 10.30 PM) between the Bharatiya Janata Party and the Peoples be retold to a young India born since those der was never made clear. It now appears interview of one Tihar Jail inmate Mukesh PS: IO/Inspector, Parveen Kumar, Cyber Democratic Party. The BJP-led government at the dark days so that the message of the current that a First Information Report (FIR) was Singh who is a convict in the notorious Nirb- Crime Cell, E.O.W Centre tried to hide its embarrassment at the actions of protest acquires greater context and reso- filed by the Delhi Police’s Economic Offences haya gangrape case. As per media reports, in the An application has been moved by the IO its ally in Jammu and Kashmir by quickly clarifying nance. For the past one week, angry anchors, Wing, citing offences claimed to have been said interview, the convict Mukesh Singh has requesting for blocking of interview of one of outraged politicians and the raucous dis- committed under Sections 505 (statements made malicious, derogatory, offensive, insult- the convicts in Nirbhaya gang rape case, from that it does not agree with the freeing of Mr. Alam who course of public life have informed us that conducing to public mischief), 504 (inten- ing remarks against girls, causing harassment telecasting and broadcasting on the internet spearheaded the stone-throwing protests in 2010 that the documentary India’s Daughter has been tional insult with intent to provoke breach of and disrepute. These excerpts of the interview and other print media. It has been stated that if resulted in the death of more than a hundred persons. banned. However, the truth is different. The the peace), 505 (1)(b), 509 of the Indian Penal as published are highly offensive and have al- the said interview is allowed to be aired, it may While the State government was within its rights to documentary has not been banned. Yes, you cause huge public outcry and may create law revoke the detention under the Jammu and Kashmir read that right. What has been temporarily and order problems. Heard. Since an FIR has restrained until further orders is the showing Emergency-era stories, of protesting censorship within the already been lodged against the said interview Public Safety Act, the discharge of a Hurriyat hardliner of an interview recorded with the convict and also there is a possibility of law and order who showed no remorse clearly sent the wrong politi- “ Mukesh Singh. This is the sequence of events. confines of the law need to be retold to a young India born problems being caused, it is hereby directed cal signals outside of the Valley. Evidently, in an at- On March 1, 2015, The Guardian carried a since those dark days so that the message of the current that said interview shall not be uploaded/trans- tempt to stem the negative fallout of its alliance with story on the documentary India’s Daughter by mitted/Published through any web portals or the BJP, the PDP is seeking to cultivate the Muslim British film-maker Leslee Udwin, highlight- protest acquires greater context and resonance. print or any other media till further orders. The ing an interview with Mukesh Singh, one of ” application and this order be put up before the secessionist constituency in Kashmir by showing re- the four accused in the December 16, 2012 concerned court on 4.3.2015 at 2.00 PM. luctance to concede to the political sensitivities of the Delhi gang rape case. Mukesh’s statements — Code and Section 66A of the Information ready created a situation of tension and fear Sd/- Hindutva party. If the PDP is to retain its core base and “a decent girl won’t roam around at 9 pm”; Technology Act. It also appears that the film- amongst women in the society. As per news 3.3.2015 political influence in the Valley, it would have to be “when being raped, she (a woman) shouldn’t maker was not named as an accused in the reports, BBC and NDTV 24X7 are scheduled to The next day in the afternoon, the Chief seen as the dominant partner in the alliance, unyield- fight back. She should be silent and allow the FIR. telecast the said interview on March 8, 2015. In Metropolitan Magistrate Sanjay Khanagwal ing to the pulls and pressures of the BJP. That Prime rape” — which were seen as a generalisation The Delhi police moved a metropolitan case the interview is telecast, it may lead to passed the following order: of the Indian male attitude, shocked a lot of magistrate, with the following application: Minister Narendra Modi felt compelled to say he did widespread public outcry and serious law and Sanjay Khanagwal people including women’s right activists, In the Court of Shri Puneet Pahwa, Duty Mm order problem as had happened in the after- Chief Metropolitan Magistrate, not need lessons in patriotism from the opposition is in politicians and television debaters. (New Delhi District) Patiala House Court Com- math of the Nirbhaya gang rape case. New Delhi District, itself an indication of the stresses and strains that the The outrage built up over the next day and plex, New Delhi, CASE FIR NO.29 OF 2015 Hence, in the interest of justice and the Room No.4, Annex Building, BJP has come under following Mr. Alam’s release from the day after. Union Home Minister Rajnath DATED 03.03.2015 U/S 504/505/505(1) maintenance of public order, it is requested Patiala House Court, New Delhi jail. Singh informed Parliament that the condi- (B)/509 IPC 66-A IT Act PS EOW, DELHI. that a direction to competent authority in the Fir No.29 Of 2015 While Chief Minister Mufti Sayeed appears ready to tions under which permission had been Subject: Regarding issuing a direction for re- Ministry of Information and Broadcasting may Ps: Eow granted by the government had been violated straining/blocking of publishing/telecasting of be issued not to allow telecast of the above said 04.03.2015: test the limits of the BJP’s patience, Mr. Alam’s release by the film-maker. He said that permission one interview. interview in India. In case, the interview is Present: Shri Sunil Dutt, Addl. PP for the is not going to make a solution to the problems in had been granted for social purposes and the Respected Sir, telecast outside India, there is possibility that State Jammu and Kashmir any easier. The power to pardon Application along with order received from must be used as carefully as the power to punish. In the Court of Shri Puneet Pahwa, learned MM, terms of impact, the freeing of Mr. Alam could be of the PHC, New Delhi. same order as the hanging of Afzal Guru, which further IO of the case Inspector Jasvinder Singh is CARTOONSCAPE present. polarised the political situation, making the search for IO of the case have moved an application for peace and reconciliation that much more difficult. intimation submitting that on 03.03.2015 an While a solution that would allow Kashmir to return to application for preventing the media/internet normality would have to involve discussions with all from publishing/transmitting/telecasting/up- sections of the people, and necessarily take on board loading the interview of the convicts in Nirb- haya gang rape case, was made before the the secessionists and the hardliners, nothing is to be learned Duty MM who has already been gained by political one-upmanship whether on the part pleased to pass a restraint order till further of the PDP or the BJP. Instead of seeking to annul the orders. release of Mr. Alam, the Central government would be Order dated 3.3.2015 of Shri Puneet Pahwa, better advised to keep him under close watch. New Learned MM, PHC, New Delhi perused. Be Delhi must also continue to push for a comprehensive kept on record. SD/- dialogue on a solution to the Kashmir issue taking into SANJAY KHANAGWAL account the historical context of the dispute and the CMM/PHC/NEW DELHI continuing democratic aspirations of its people. A com- Thus, the matter rests currently with the prehensive political solution would in one stroke ren- courts. It is clear that there is no ban on the der gestures such as the release of Mr. Alam truly film as a whole; there is only a ban on the interview. Significantly, the constitutional pointless. validity of Section 66A of the Information Technology Act too, is reserved for judgment before the Supreme Court. I, therefore, wish to make no comment on the merits of the case. Suffice it to say that free speech in India should rest on firmer The cost foundations than these documents repro- duced in original. Surely, India’s daughters deserve better. of bidding (Sanjay Hegde is a Supreme Court advocate.)

n the face of it, the ongoing spectrum auction Letters emailed to [email protected] must carry the full is already a success. Against an initial target LETTERS TO THE EDITOR postal address and the full name or the name with initials. of Rs.82,000 crore, the total bid amount has O already crossed Rs.86,000 crore after just situation in the State reaches a banning the documentary will only The interview was a sincere and spend enormous sums of money to four days of bidding. Going by the current bidding BJP-PDP alliance point of no return. One also end up as India’s shame. convincing one. I am sure that the get publicity, there are others who intensity, the Centre can hope to mop up at least Rs.1 Six months ago, the Kashmir region wonders how all this will affect the B. Harish, unwarranted ban on the do not wish to be remembered at lakh crore by the time the auction ends. While this is witnessed unprecedented flooding. morale of the Indian Army, which is Mangaluru documentary will neither stand all. One has the right to remain good for the national exchequer, the reality is that an Thousands of villages are still fighting a brave battle against legal scrutiny nor public approval. aloof from computer or smart affected and people remain in insurgency. It is better not to have a It was a revelation that Leslee The Indian government should phone reach that most of the time expensive auction is counterproductive from a con- trauma. Yet, all that the PDP-wing government at all than have one Udwin has done her homework stop shying away from only gobbles up one’s time and gets sumer point of view. It is no secret that higher spec- of the newly elected government that is anti-national. meticulously and took more than uncomfortable discussions and increasingly monotonous and trum costs will put pressure on telecom operators to can think of is to seek the release of G. Ramachandran, abundant precautions in ensuring make all-out efforts to find repetitive. The Court of Justice in either increase tariffs or halt or defer their investments anti-national elements such as Thiruvananthapuram that she complied with all the solutions to the protracted Luxembourg has rightly reminded in rolling out new infrastructure. Neither is good for Masarat Alam and demand a return procedures and conditions. If the problems that India faces. us that we don’t have to of the remains of Afzal Guru. Spectrum sale Supreme Court would feel strongly Shooting-the-messenger approach accommodate ourselves to achieving Prime Minister Narendra Modi’s vision of a One PDP leader is reported to The 2G-3G spectrum sale is quickly that the airing of the convict’s views will never be fruitful. technology. On the contrary, we Digital India. It was the high cost of spectrum in the have said that it is easy to pass turning out to be a source of great would interfere with the course of D.V.G. Sankara Rao, have the right to demand that 2010 auction that stunted the growth of 3G and mobile judgment in Delhi without wealth and luck for the exchequer, justice, how is it that two senior and Vizianagaram, Andhra Pradesh technology adapt itself to us. Far broadband services in the country. The Centre had understanding the sentiments of and will no doubt boost the image former Supreme Court judges from advancing people’s welfare, then received bids worth over Rs.1 lakh crore, with the real Kashmir. He claims that of the Modi government. Service- cleared Ms. Udwin’s move to go It appears that no one is bothered modern technology promotes the operators jostling to outbid one another. As a result, the presence of soldiers creates users are being told that mobile ahead? The allegation that the about the dignity of the victim: business interests of only a few. panic in people’s hearts. Obviously, services will now be a delight with producer had an eye on commercial neither the legal experts nor the However, the right to be forgotten even after five years of that auction, consumers are yet it is tough to understand the real fewer ‘call drops’ and higher ‘data gains is hollow, as the interview, “I media nor the advocates of free or the right to privacy should be to experience good quality 3G services. With the aver- Kashmir that is still embroiled in speeds’. But one naturally has to am not a fly-by-night operator” speech. The legal experts say “the exercised in a manner that it does age connection speed hovering just around 1.3 Mbps, it politics and hatred. But many of us assume that the additional financial (May 9), makes it clear. public has the right to know” and not come into conflict with the is the lowest among Asian countries. would like to tell him that it is not ‘burden’, owing to the bonanza, on Mani Nataraajan, “the ban may not be based on sound freedom of expression. Programmes such as the 100 Smart City project and tough to understand the difference the corporate sector would be more Chennai principles of law”, but does not the Kangayam R. Narasimhan, the e-Governance initiatives require speed — at least a between what is fair and false. The than what will be thrust upon victim have the same and equal Chennai early election vows of effective subscribers. But in truth, the In this era of a communication right to dignity? 2 Mbps connection at affordable rates. But for this to governance, rebuilding a shattered burden will form but a small revolution, the Indian government, The media and activists of free Sydney suburb stabbing happen, telecom operators have to be given adequate economy and ensuring the return fraction of its absolute gains. The strangely and foolishly, believes speech say all this is about spectrum, and at a reasonable price. To be fair, the of migrant Kashmiri Pandits are existing pattern of government that by banning a documentary “awareness about the crimes It is not for the first time that an Centre cannot be faulted for following the auction quickly fading away. The BJP needs expenditure, notorious for serving India’s image will be saved. I learn against women” and knowing “the innocent life has been claimed process for allocating spectrum. Compared to other to think over its alliance with the VIP comforts, vote-bank politics, that in the documentary, the mindset of the criminal”. Do we mindlessly, perhaps for a few PDP and decide what is best in waste and misuse, all in the name of statements of Mukesh Singh and necessarily need to watch such a dollars (“Indian woman stabbed to mechanisms used in the past, such as the first-come- terms of the nation’s interest. ‘development’, cannot be expected those made by the two lawyers will documentary to understand the death in Sydney suburb,” March 9). first-served policy and subscriber-linked criteria, auc- Saurabh Saraswat, to offer any help to the average not shock us greatly as worse mind of criminals? Is it not enough Despite affluence and a sparse tions are the most transparent way to parcel out finite Gurgaon citizen. Or, will the government statements on rape have been made to get to know the details of the population, the developed nations natural resources. However, the Centre has to take the come out with strict controls on by the political class, the police and crime? In the name of awareness, are not crime-free. Students and blame for adopting a faulty auction design. Take for On the very first day, the PDP-BJP charges levied on subscribers, by khap panchayats. It can be legal experts, the media and visitors from developing countries instance the decision to auction only 5 MHz of spec- alliance was put to the test by the while ensuring quality service? claimed that the documentary has activists seeking freedom of are often lulled into a false sense of gauche remarks of Mufti P.R.V. Raja, educational value since it is expression are pandering to the security due to the absence of trum in the 2100 MHz frequency band. A block of 5 Mohammed Sayeed which insulted Pandalam, Kerala supposed to be in a simple format, “interests” of a “curious public”. warnings of the kind usually issued MHz spectrum is just enough for one player to offer 3G Indian democracy; remarks which neatly edited and focussed on its The controversy reminds us of by western nations. Understanding services; with eight operators in the fray, it is not could have easily been avoided by ‘India’s Daughter’ central theme. It covers all aspects hapless gladiators and curious the level and nature of violence and surprising that the bids have skyrocketed to astrono- exercising self-restraint. The The banning of the documentary, of the rape crime. I feel that it spectators in the Colosseum. precautions such as avoiding travel mical sums. This coupled with the decision to take back misplaced moves to release India’s Daughter, was undoubtedly should be screened in every Sunkanna Basa, on public transport at night, separatists when there is general a knee-jerk reaction (“No leg to academic institution in India as it Hyderabad precautions while working late- spectrum from incumbent operators, post the expiry of peace in Kashmir reveals the pro- stand on,” March 9). Mr. N. Ram will help girls understand the world night shifts and being on guard their 20-year licences, have placed a stark choice be- separatist tilt in the Mufti’s has hit the nail on the head by when they move on. India’s image is Right to be forgotten while in lonely areas are essential fore telecom companies — they either have to buy ideology. How will these two making it clear that none of the nothing to talk about as it ranks low safety measures. With an spectrum at any cost or face the prospect of going out of centres of power be able to follow objections raised against the among countries that are safe for I think people have the right to increasing number of Indian business. Access to inexpensive broadband services is coalition dharma? documentary by any of the women. Some countries have even demand that any information students and visitors travelling the basic requirement for achieving the goal of digitis- Anoop Suri, protagonists, including the issued travel guidelines for women affecting their persona may be abroad, it is time the government New Delhi government, will stand the test of from their countries travelling to withdrawn and that they have the and embassies abroad provided ing India. Ironically, the Centre’s success in garnering morality or legality. If good sense India. right to be forgotten (“Shades of such travel advice. higher revenues in the spectrum auction could signal The Centre should intervene by doesn’t prevail on the Prime Rameeza A. Rasheed, grey in the right to be forgotten,” S. Karthikeyan, the failure of that vision. dissolving the Assembly before the Minister and his team, the issue of Chennai March 9). In an age in which people Sydney CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU WEDNESDAY, MARCH 11, 2015 India’s abandoned daughter Shiv Visvanathan temptation has agency. Men are mere facts The message of the Indian state is clear from its of biology. Women create the culture of ontroversies have a way of frag- response to the documentary India’s Daughter. threat and anxiety which triggers biology. menting the narrative of stories. The documentary juxtaposes the response They also have a touch of scandal Rape is permissible and normal, but a film which is to rape across two cultures. One embodied in Cwhich generates not merely out- the radical stereotype of JNU and by young WEDNESDAY, MARCH 11, 2015 rage but also an epidemic of political correct- an insult to the nation state is taboo. When culture students and reveals the horror and the an- ness. The recent ban of the BBC ger which boils over. Protest against rape documentary, titled India’s Daughter, on the is under threat, the vulnerability of women, the becomes their initiation rite into politics. Nirbhaya rape case, is an example. I sat and They feel their responses are genuine and Striking a watched the documentary. It is powerful and obscenity and the banality of rape are are surprised by a patriarchal state which compelling. What holds one’s attention are inconsequential greets them with violence and water can- the fragments of conversation from the con- nons. For these young students, rights is jarring note vict and the quiet responses of the family. ological case, but a symptom of the normalcy ing woman is an act of licence. about freedom, about inventing a culture. What is irrelevant or possibly elliptical to the of our culture. In fact, it is the sickness of our Such a woman becomes classified as dirt. For the rapists and the defence lawyers, cul- ndo-Sri Lankan relations have seen a marked movie is the commentary of the NGOs that culture that we witness through the words, Dirt, as the anthropologist Mary Douglas ture is about control and surveillance. It is a upturn in recent weeks after a new adminis- spread out like politically correct icing. The the attitudes, and the body language of the defined it, is matter out of place. As dirt, the male panopticon subjecting women to per- reactions of Krishnan, Kanth, Seth, all sensi- perpetrator. women threaten order and classification and petual scrutiny; even the idea of the woman tration took over in Colombo. Last month, during tive people, are reasonable in themselves but The rapist seems ordinary, dressed in a order has to be restored. They have to be put at home as an icon to be worshipped is sheer I the visit of President Maithripala Sirisena, four they do not touch the core of the narrative. T-shirt and with the makings of a beard. He in place. The liminality, the ambiguity, the hypocrisy. One realises that domestic vio- substantive agreements were signed. There are also could be sending a rakhee message to his threat of a woman violating male order is lence meets urban violence in the rape story. indications that India’s sensitivities regarding Colom- The narrative sisters, full of mild complaints rather than clear. As patriarchs and pedagogues, the men In exposing the hypocrisy and portraying the bo’s relations with Beijing are being addressed. Prime The story, presented in its rawness the talking of the woman he raped. There is no must teach the women their rightful place. protest, the documentary creates a politics Minister Narendra Modi is set to visit Sri Lanka this rapist’s narrative and its various thematic remorse, no sense of loss; he sounds like a The rapist confesses. He wanted to teach of hope. elements. Listening to the narrative, I was man who has had a meal and appears to be the young couple a lesson and also cure the week, the first such bilateral visit at the prime minis- sickened by the sheer lack of humanity. I felt complaining about it. In fact it is the sheer standard masculine itch. If it is collective State reaction terial level from India in years. Given this backdrop, it is as if I did not want to be part of the human normalcy, the patriarchal normalcy of the itch, they resort to gang rape. He complains But the power of culture is the power of jarring to note Sri Lankan Prime Minister Ranil Wick- species. I was wondering where I had controlling memory. The state saw in the remesinghe’s remarks seeking to justify the shooting of watched a similar display of responses and protest in Delhi a threat to its power, its Indian fishermen who cross the maritime boundary the sheer ordinariness of the comments re- alleged edifice of law and order. minded me of Hannah Arendt’s study of The rapist in this case becomes not a pathological case, but When a foreign film-maker, especially between the two countries. His claim that fishermen Eichmann in Jerusalem, a controversial but a“ symptom of the normalcy of our culture. from the BBC, makes a film, it suddenly feels found in another country’s territorial waters deserve to classically relevant book. ” that the culture of the nation state is threat- be shot, goes against the international policy of looking Arendt’s book talked of Eichmann, won- ened. The security and the reputation of the at such transgressions as civil offences. It also goes dering how to make sense of the sheer ordi- nation state is more important than justice. against the established bilateral policy of India and Sri nariness of the man and the enormity of his story that creates a link to Arendt’s analysis. that the victim was not pliable; that if she Security in fact is the new virginity of poli- Lanka treating the fisheries conflict in the Palk Bay as a crimes. Eichmann claimed he was merely What one witnesses is the sheer absence of had submitted passively, she would have tics. The Indian nation state is doubly in- obeying orders; that he was an officer enact- guilt, the banality of culture. been subject to less violence. sulted. First, by media exposure that caused humanitarian and livelihood issue to be resolved peace- ing his daily chores. He appeared “normal”, The narrative opens simply. Our friends hurt to culture and second when the exposé fully. Following Mr. Wickremesinghe’s intriguing re- or as one psychologist admitted “more nor- have had food, also a bit of alcohol. They are Cultures and responses is conducted by outsiders. A ban is the stan- marks in an interview to a Tamil television channel that mal than I was after interviewing him”. The now tempted to move across their personal The two lawyers who play the chorus to dard reflex of a threatened culture. there would be no shooting incidents if Indian and Sri nature of the crime here is different. Adolf Maslovian hierarchy to fun and sex. They the perpetrator systematise his responses. The state is literally on red alert. What Lankan fishermen avoided entering each other’s terri- Eichmann committed genocide; our rapist decide to ride towards GB road, where such They play the contemporary Manu explain- with jihad, moral policing, culture has been tory, External Affairs Minister Sushma Swaraj had to killed and disembodied a woman, a para- activities are reputed to take place. The pic- ing why men were not to blame. A woman is in a state of crisis. Minorities of all kinds, medical student, removing her intestines as ture is clear, these are ordinary men in ordi- not victim but a temptation. She is in fact from students, women, Muslims have been raise the issue at a recent meeting with Mr. Wickremes- if it was a bit of garbage. nary pursuits, following predictable urges. responsible for rape, because she is the agen- threatening this sense of culture. The mess- inghe, and underscore the essential humanitarian na- If Eichmann saw himself as a responsible However, they are also folk sociologists cy that triggers it. One lawyer in fact says age is clear. Rape is permissible and normal, ture of the problem. The comparison with India’s bureaucrat following orders, our rapist saw theorising on modernity and the city. They that a woman in the right place is wor- but a film which is an insult to the nation approach to the Italian marines case was also inapt as it himself as a pedagogue punishing deviants reflect on the human condition and talk shipped as a gem but a woman in the wrong state is taboo. Enter the pious patriotism of involved Indian fishermen being shot at from a foreign around the city. He sees himself as a moral about the vagaries of the city. They express place has to be punished. As the two lawyers Union Home Minister Rajnath Singh, who is policeman, as a surveillance mechanism their sense of urban anxiety, about women articulate their defence of rape, one witness- both chowkidar and security expert of the vessel and had nothing to do with any fisheries conflict. tracking and punishing couples roaming “ir- walking the city at night, and hint at the es the logic of the culture at work. The argu- threatened state and its vulnerable cultures. It is surprising that the Sri Lankan Prime Minister so responsibly” around the city. seduction and temptation of women floating ment is that men are not to blame. Their The film is banned and he adds that he plans casually talked about ‘shooting’ when such incidents The rapist in this case becomes not a path- freely around. For these men, a freely mov- feelings are normal. It is the woman who as to prevent its release in other countries. It is had subsided considerably in the last decade or so. In clear that when culture is under threat, the recent years, Sri Lanka, in a move that is understan- vulnerability of women, the obscenity and dable in the context of trawlers from the Indian side the banality of rape are inconsequential. Rape is after all an internal matter and the depleting the marine resources in the Sri Lankan wa- CARTOONSCAPE documentary would damage India’s status in ters, has been limiting its actions to arresting fishermen the outside world. and seizing the trawlers involved. Through a bilateral In politics especially famous for its well- agreement, the fishermen, too, are released after a short intentioned googlies, the doosra also offers while, even though the detention of the trawlers contin- another reason for the ban. Some argue that the film should be banned because of the ue to provoke angry protests in Tamil Nadu. There is attention and focus on the rapists. Inad- little doubt that the root of the problem lies in trawlers vertently, it might become a source of en- from Tamil Nadu entering Sri Lankan waters, and en- couragement and publicity for them, gaging in unsustainable fishing practices using banned bloating their egos, and validating their equipment. While negotiations between fishermen sense of machismo. from both sides are needed before an acceptable solu- Luckily, what the state proposes, the In- ternet disposes and the film went viral. Peo- tion is reached, any such agreement will necessarily ple watched it with a sense of eerie disgust. have to involve Indian trawlers being phased out early. Yet, one realised that Mr. Rajnath Singh was The answer may lie in Tamil Nadu fishermen being shrewd. The documentary triggered unease, weaned away from fishing grounds in the limited space despair but no further protest at a mass level. in the Palk Bay and Palk Strait and being encouraged to The ‘Letters to The Editor’ did not give way to the battle of the streets. Between the cyn- engage in deep-sea fishing. icism of power and the banality of rape in our culture, one wonders about the fate of de- mocracy. Between patriarchy which reduces gang rape to a collective hiccup and major- itarianism which is licking its imagined Penalties and wounds, democracy, at least at the cultural level, feels empty. This is a disaster which the film talks about and which we as citizens prevention have to respond to, today. (Shiv Visvanathan is a professor at Jindal he issue of black money elicited hyper-reac- School of Government and Public Policy.) tions from the BJP in the run-up to the gener- al election last year, and not without reason. Letters emailed to [email protected] must carry the full T For a layperson, black money is usually asso- LETTERS TO THE EDITOR postal address and the full name or the name with initials. ciated with the rich. Oftentimes, political parties raise this issue to demonstrate their pro-poor slant. Given Masarat and J&K agenda. The premature release of board to usher in peace and increase in the prices of all father of L.I Bertie, brother of these facts, it is no surprise that the BJP government Masarat Alam cannot be justified as stability in Kashmir. The Chief products dependent on coal — Faith, Hope and Justitia. Interred has proposed a slew of legislative actions to tackle the It is ironical that a person with no he was one of the instigators of the Minister’s current steps will only cement, steel and thermal power. on Saturday, 20th inst- Araliya twin issues of assets held illegally abroad and unac- faith in Indian democracy is now stone-throwing agitation which demoralise the Indian Army. J.F. Dawson, Medura, Panagiyawatte, questioning it (“‘In a democracy, cost many young lives. A scheme to Ashish Sharma, Chennai Anduruwala.” It was the creation of counted wealth within the country. The broad con- why jail activists?’” March 10). grant general amnesty to all Jind, Haryana the late poet and satirist, Dr. Riley tours of the government’s initiatives on the black Indian democracy does allow political prisoners could have been Behind the ban Fernando. What is interesting is money front as sketched out by Finance Minister Arun dissent to be expressed and heard, thrashed out had the Chief Spectrum bidding The act of banning is also that the political obituary appeared Jaitley in his budget speech, provide for stringent puni- but it also has every right to curb Minister waited a little longer. It is The stunted growth of 3-G and something to laugh about. The in the government-controlled shments. Non-disclosure of and non-payment of tax on those who threaten the sovereignty clear that the PDP doesn’t want to mobile broadband services as a article, “The ban that actually isn’t” Ceylon Daily News, while the and unity of the country. Masarat be accused of hobnobbing with the result of high spectrum prices over (March 10), was interesting in Davasa group of newspapers was foreign assets could land anyone in jail, with a rigorous Alam is one such example and who ‘enemy’ even for the purported the past five years is a sure bringing out the truth behind the sealed as part of measures under prison term of up to 10 years. While proposing to make needs to be kept under control in reason of providing governance and indication of the impending failure restraint order on India’s the Emergency. such an offence non-compoundable, Mr. Jaitley has order for Kashmir to continue to development but instead wants to in the expansion of broadband Daughter. The opening paragraph Vaikom Madhu, sought to shut the option for such an offender to appeal heal and return to normalcy. It is precipitate a crisis and trigger a services and e-governance in also reminded me of an obituary in Kottayam to the Settlement Commission. Also, the enforcement unfortunate that for its own collapse of the government so that various sectors (Editorial, March a Sri Lankan newspaper in the Submitting to law authorities will be armed with powers to search, seize political gains, the PDP is resorting it would end up a martyr. 10). 1970s. The political obituary I am to a dangerous game of one- V.N. Mukundarajan, With huge revenues that will referring to also appeared in the Professor Jagdish Bhagwati’s and prosecute, to bring the recalcitrant ones to book. upmanship and stoking a fire that Thiruvananthapuram accrue to the government from the island state — which the Indian treatise on the perception and To tackle the black money issue, the government has may soon get out of control. spectrum auction, the Centre daily drew inspiration from to approach of luminaries towards the decided to bring in a new and comprehensive Benami Shivendra Bisht, After the election results, it is clear should perhaps come forward to produce its own version of the law, its enforcement and the need Transactions (Prohibition) Bill during the current ses- Lucknow that it is the PDP that has the upper offer other incentives to the obituary during the Emergency we to change one’s mindset, sion of Parliament. Since benami deals, especially in hand in Kashmir while the Jammu telecom sector as may be necessary had in India. exemplifies how luminaries can set real estate, are a major source of black money gener- The debate would be different if the region is more aligned with the from time to time. The same The original one which appeared the tone for change and lead by separatists were liberal democrats, BJP. The act of releasing Masarat situation exists in the coal sector, in the Ceylon Daily News on April example (“No one is above the law,” ation, Mr. Jaitley has trained his focus on them. There fighting to preserve Kashmiri Sufi Alam can be seen as seeking access and the government should be alert 24, 1974, read like this: “O’Cracy — March 10). India is a country where is a conscious drive to capture transactions of a certain traditions while fighting repression to a new vote bank. The Chief in taking suitable steps in time so The death occurred under tragic politicians have tremendous size in the system by insisting on the use of PAN details. (Editorial, March 10). However, the Minister must realise that all that the increased cost of coal circumstances of D.E.M. O’CRACY. influence over decision-making The proposals no doubt reflect the political under- facts are different: Kashmir has had democratic forces need to be on production does not result in an Beloved husband of T. Ruth, loving processes. Politics in India is hardly pinnings of the BJP’s thought process on an issue like free elections for years; the about serving society; there are separatists are largely funded and only a handful of honest and simple black money. These will serve to please its core constit- armed from across the border. They On Team India leaders who practise what they uency, which voted for it overwhelmingly. Neverthe- are conservative, and have left no preach. less, these represent merely an attempt to discover a stone unturned in order to The article by Mr. Bishen attempt to portray himself as the quick pace which set up an K.S. Raju Nair, Singh Bedi (“Sport” – “Is this sole fountain of wisdom on unbeatable target in the must- cure for the disease. The system and the practice as Talibanise their constituents. Even Hyderabad if one were to set India’s interests Indian team invincible?” March cricket is rather unacceptable win lung opener against Pakistan. they exist today create a perfect breeding ground for 10), on the Indian cricket team’s and vain. But for the colourful Lastly, saying that we have not tax evasion. And the tax structure adds to the complica- aside, the separatists do not by any It is part of the social DNA of India stretch of the imagination promise performance thus far in the cricket fans who have turned up been tested is rather strange to prove our greatness by defying tion. If the benefit accruing from avoidance is great and a better future for Kashmiris. Given ongoing World Cup 2015 in huge numbers in far-flung considering that we have played the law; it is the result of a colonial the risks of detection are minimal, the tendency to that the election turnout was more tournament has left several of us venues, the team itself will not five games, three of which were legacy and our failure to correct evade tax will persist. Mr. Jaitley’s budget-related pro- than 70 per cent, and that there has anguished and dismayed. The have the high morale it has against established teams, this even much after been a gradual decrease in levels of premise of the article, that the displayed so far. It is also these including much-fancied South Independence. The illustrations posal will instil fear in the minds of tax-evaders. Also, Team should not rest on its crowds which contribute to the Africa. these could arm taxmen with more powers. Vodafone violence, it is time to move forward provided by the writer may be of rather than backward. Any attempt laurels based on its performance soaring revenues of the BCCI, The doomsday message of Mr. erudite personalities at the global and like cases are examples of how the taxman has to feed the fire of separatism must so far and that it must prepare for which incidentally pays the fat Bedi that the worst is around the and national level, but the same is often adopted a blinkered approach. Should the focus be put down firmly. the knockout stage, is well pensions of former cricketers. corner is a dampening influence true of regional and local not be on erasing the benefits arising out of tax avoid- K. Anand, appreciated. Second, picking on individual on a high-performing team. politicians. Defying the law only However, in expressing this players like “the Rainas and Coming as it does from a former ance? Surely, prevention is the right solution. This calls Bengaluru enhances their influence in society. sentiment, I am afraid Mr. Bedi Jadejas” and saying that they captain of India, it is dismaying. I foresee change soon, as recent for an environment that fosters tax compliance, and a has overstepped the line in enjoy “piggyback rides” is It is better for former cricketers regime that ushers in a friendly playing field. If any The quest to secure a space in campaigns against the VVIP Kashmiri politics is what has led several ways. atrocious given that they are to give credit where it is due culture through the media are proof is required, it is available in the ongoing coal and the BJP into striking a Faustian First, his comments on match-winners of proven merit. while criticising performances. bound to be the catalysts of change. spectrum auctions. One needs a wiser head, more than pact with the PDP, which is in a “colourful” Indian cricket fans as Raina in particular proved this a Bharat Raman, Chandra Prakash Trivedi, a heavy hand, to tackle the black money menace. tearing hurry to further its political not being knowledgeable and his few weeks ago with his 60-plus in Chennai New Delhi

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU THURSDAY, MARCH 12, 2015 Radical in promise, not in practice Srinath Raghavan government should also take on board a sug- Narendra Modi’s emphasis on the Indian private gestion made by the Kelkar Committee al- he defence Budget for the next fiscal sector having to play a much larger role in the most 10 years ago. This is to identify certain year conforms to the overall pattern firms based on their technical, managerial of the Budget presented by the Fi- transformation of the defence industrial base is and financial strength as “champions” Tnance Minister. It is radical in (“Raksha Udyog Ratna”) and circulate RFPs THURSDAY, MARCH 12, 2015 promise but incremental in practice. There laudable and overdue. Though there have been for major systems to these firms. was a modest raise in defence allocation of This model has worked well in other coun- just about 11 per cent. Then again, the propor- some moves, more needs to be done if domestic tries. In fact, a committee constituted by the tion of capital expenditure in the defence government identified 13 Indian firms that Political price or Budget has shrunk a bit. We may well wonder production and private sector participation are to could be designated along these lines. But how the armed forces will shop for their long approach anything close to the levels envisaged eventually the government baulked at the wishlist that includes howitzers and helicop- idea of being seen as favouring some private personal liability? ters, fighter aircraft and attack submarines. Soon after the war began in September laudable and overdue. Some initial moves companies over others. This is a misappre- Mr. Arun Jaitley’s claim that he has provided 1939, Walchand entered into discussions with have already been made. The cap on foreign hension, for only a few companies will in fact he United Progressive Alliance (UPA) regime “adequately” for the needs of the military an American aircraft conglomerate and of- direct investment (FDI) in defence has been be capable of producing major systems. To suffered immensely from the perception that surely turns on a generous interpretation of fered to build military aircraft for the Indian raised from 26 per cent to 49 per cent. In- create a “level playing field”, the government the operative word. government according to specifications. New vestment from foreign institutional investors will have to provide other incentives for the it was ‘scam-tainted’. However, the cost of More important, however, was his assur- Delhi’s response was shot through with scep- (FIIs) has been allowed up to 24 per cent. It is private sector — especially small and medium T such a tag until now was limited to a massive ance that the government’s “Make in India” ticism. Only a year later, when imports were no longer mandatory to have a single Indian enterprises — to participate in other seg- electoral defeat for the Congress and the prosecution of policy would help achieve greater self-suffi- no longer reliable, did the Indian government investor with at least 51 per cent stake. Indus- ments of the defence industrial base such as a few who served in it as Ministers. Even then, its ciency in defence equipment, including air- take up Walchand’s offer. Then too, the gov- trial licences have been dispensed with for assembles, spare parts and components. detractors often took care to exempt its Prime Minis- craft. This was entirely in keeping with the ernment’s unwillingness to support the ven- some items. Yet, much more needs to be done More broadly, the regulatory regime for ter, Dr. Manmohan Singh, from personal criminal lia- Prime Minister’s remarks at the ‘Aero India’ ture led Walchand to turn to the princely if our domestic production and private sector private sector participation in defence pro- show in Bengaluru a few days earlier. Speak- state of Mysore, which agreed to provide land participation are to approach anything close duction needs a host of changes: total elim- bility while blaming him for failing to stop his ing on that occasion, Mr. Narendra Modi em- near Bengaluru as well as concessionary to the levels envisaged by the government. ination of licensing; removal of the colleagues’ misdemeanours or silently acquiescing in phasised that the defence industry was “at the loans. On December 23, 1940, the Hindustan For a start, the categorisation under the differential and regressive tax and duties them. It is therefore baffling that Dr. Singh is being heart” of the “Make in India” programme. By Aircraft Company came into existence. The Defence Procurement Procedure needs to be treatment for Indian private industry vis-à- summoned to face criminal prosecution, based solely increasing the share of domestic procure- government placed orders for 74 long-range considered afresh. While increasing focus on vis the defence PSUs and foreign manufactur- on material evaluated by a judge, without an investigat- ment of military equipment from 40 per cent bombers, 48 fighter planes and 30 trainers. By “Make” and “Buy & Make (Indian)” is impor- ers; easing the availability of capital, land and to 70 per cent in five years, he added, India the end of August 1941, the first trainer was tant, it will not automatically harness private infrastructure; and ensuring better planning ing agency recording an adverse finding against him. could double the output of its defence indus- and strict implementation of offsets. These Brushing aside the CBI’s initial attempt to close the try. More significantly, he noted that the Indi- measures (and more) have been underscored case, Special Judge Bharat Parashar has proceeded to an private sector would have to play a much To create a ‘level playing field’, the government will have to by the various committees that have gone take cognisance of criminal charges against Dr. Singh, larger role in this transformation of our de- provide other incentives for the private sector to participate in into these questions. The government is evi- fence industrial base. “ dently seized of their importance. It should in his capacity as Minister of Coal in the first UPA other sectors of the defence industrial base such as assembles, regime, the then Coal Secretary P.C. Parakh, and well- now work systematically to bring about these The case of HAL spare parts and components. changes. known industrialist Kumar Mangalam Birla, and three The Prime Minister’s call was at once apt others, in connection with the manner in which Hin- and ironic. Bengaluru is, of course, the home ” For meaningful FDI dalco, an Aditya Birla group company, was accommo- of Hindustan Aeronautics Limited (HAL) — handed over to the military. Other aircraft too sector participation. In the latter category, The larger challenge is to attract FDI with dated in the Talabira coal block in Odisha, originally the largest defence Public Sector Undertak- began to be turned out on schedule. In early for instance, Requests for Proposal (RFP) technology transfer. Increasing the FDI limit meant for Neyveli Lignite Corporation in 2005. Dr. ing (PSU). Few recall, though, that the HAL 1942, following Japan’s entry into the war, have been circulated to foreign manufactur- to 49 per cent is unlikely to be sufficient to Singh appears to be paying a price for heading a regime has its origins in private enterprise. It began the Indian government decided to take direct ers with the condition that they choose an ensure this. For a start, New Delhi may want during the Second World War as the brain- control of the company. Much against his Indian partner. Yet, Indian companies, in- to consider creative options to circumvent that was seen as associated with much wrongdoing. child of Walchand Hirachand, a leading busi- wishes, Walchand was arm-twisted into div- cluding the private sector, that have the req- the problem of foreign producers being ma- Both he and Mr. Parakh have in the past denied wrong- nessman and nationalist sympathiser. esting his stake. The plant was handed over to uisite capability have not been considered for jority stakeholders. This could be done by doing in the Hindalco allocation. Walchand controlled the Scindia Steam Navi- the U.S. Army Air Forces, which used it as a the RFPs apparently owing to their lack of ensuring that the control of the entity cannot Judge Parashar is forthright in his prima facie con- gation Company and had long dreamt of re- repair and overhaul facility for the remainder experience in delivery. This begs the question be transferred without the concurrence of the clusion that between the then Secretary, Coal (P.C. viving shipbuilding in India — an industry of the war. Thereafter, it reverted to the con- of how the Indian private sector is expected to Indian government. More importantly, the that had been monopolised by British firms. trol of the Indian government. acquire experience in the first instance. government must recognise that FDI in de- Parakh) and Minister of Coal (Dr. Singh), “there was a His attempt to build a shipyard in Visak- A related problem is the use of direct or fence does not work as in most other sectors. concerted effort to somehow accommodate M/s Hin- hapatnam proved abortive; as did his plan to Long road ahead indirect nomination of defence PSUs or ord- The key difference is that most countries dalco in Talabira-II coal block” and that it was “the set up an automobile factory to cater for the The HAL has now come to symbolise the nance factories. This too loads the dice have export control laws that regulate the central common objective” of a criminal conspiracy. war effort. Walchand’s most ambitious un- stranglehold that the PSUs have on our de- against the private sector. The government participation of defence manufacturers in Held against Dr. Singh is the fact that he allowed the dertaking was to manufacture aircraft in fence industrial base. The Prime Minister’s should do away with this practice: all con- ventures abroad. Strategic partnerships are allocation matter to be reopened after he himself had India. decision to give a fillip to the private sector is tracts should be opened up for bidding. The therefore crucial to unlocking the doors for meaningful FDI in defence. approved the minutes of a screening committee meet- New Delhi will have to take some tough- ing at which it was decided that NLC would get the minded calls on which relationships it wants block. Also, repeated reminders and phone calls had CARTOONSCAPE to emphasise as far as defence production is gone from the PMO to the Coal Ministry to expedite the concerned. For instance, the United States matter. The Supreme Court verdict invalidating all coal has the most advanced defence technology, yet is cagey about deals that involve sub- block allocations made during the UPA regime high- stantial transfer of technology. The India- lighted the administrative malaise that gripped its rule. U.S. Defense Trade and Technology Initiative Given the tenor of such verdicts, it was only to be has been talked up quite a bit. But consider expected that one day Dr. Singh, as its Prime Minister, the four “pathfinder projects” for joint devel- would be called upon to explain some transaction or opment and production announced during defend a criminal charge arising out of it. The sum- U.S. President Barack Obama’s recent visit: next generation Raven Unmanned Aerial Ve- mons and impending prosecution show that political hicles; intelligence and reconnaissance mod- accountability is not the only consequence of inaction ules for C-130J aircraft; mobile electric or the failure to do the right thing when in power. The hybrid power sources; and chemical-biolog- onus is now on the court to prove that in its summons ical warfare kit for soldiers. The Americans to the former Prime Minister, it holds Dr. Singh not just evidently feel that Indian companies do not have the capacity to absorb higher levels of politically accountable but personally liable. technology. In any event, these projects are trivial when compared to the joint develop- ment projects undertaken by India with Rus- sia: a supersonic cruise missile and a fifth-generation fighter aircraft. Is Iran stealing The management of strategic partnerships abroad is as important as recasting the regu- latory framework at home. If defence produc- Israel’s thunder? tion is indeed at the heart of “Make in India” — a policy that in turn is central to Mr. Modi’s sraeli Prime Minister Benjamin Netanyahu’s plans for the economy — then the govern- controversial speech before the Joint Session of ment has to focus on integrating its efforts at the United States Congress in the first week of both ends. Facile hopes on either front will be a recipe for frustration. I March was constantly punctuated by applause (Srinath Raghavan is Senior Fellow at and rounds of standing ovation. But the content of his Centre for Policy Research, New Delhi.) speech was familiar and predictable. He continued playing a politics of fear, denouncing Iran as a threat Letters emailed to [email protected] must carry the full “to the peace of the entire world” and urging Congress LETTERS TO THE EDITOR postal address and the full name or the name with initials. to resist the emerging nuclear deal with Iran. U.S. President Barack Obama, on reading the speech tran- tackled with a lot of pragmatism, label ‘district magistrate’ when his mindset needs to change as far as woman has no other choice but to script, said: “On the core issue, which is how to prevent Land Bill especially keeping in mind the team has powers only under accepting the freedom of a woman be at home? What about other Iran from obtaining a nuclear weapon which would The passage of the Land ground realities and the concerns Chapter 8 (preventive) of the in society is concerned. members in the family who could make it far more dangerous, the Prime Minister did not Acquisition Bill once again of the indigenous people. Else, CrPC? Pankaj Mohanty, molest a woman who is at home? offer any viable alternatives.” The event was a specta- strengthens the allegation against more lives will be lost in this N. Khosla, Varanasi Sheela Chandrachudan, the Modi government that it stands terrible manner. Panchkula, Haryana Bengaluru cle, a public display of differences, both within the behind the corporate sector (“Land Nupur Das, Shiv Visvanathan needs to be United States and between Mr. Obama and Mr. Neta- Bill clears LS hurdle,” March 11). New Delhi Abandoned daughter complimented for his insight into Swine flu nyahu. It is also an instance of rapidly changing geopol- There was ample evidence of such The article, “India’s abandoned the deeper meaning of Ms. Udwin’s It was in 2009 that India was first itics. There is reasonable hope in the international favouritism in the Budget in the The incident at Dimapur has got daughter” (March 11), has a fair documentary. It could be like any affected by swine flu, covering community, especially among European diplomats, area of tax relief. Farmers are the nothing to do with the point in stating that the heinous modern-day “intellectual” film parts of South India, mainly that the nuclear deal may potentially be a viable al- backbone of Indian society and inefficiencies of our criminal act of rape is inconsequential in which tries to generalise a mortal’s Puducherry and parts of Tamil acquisition of their land without judicial system. The accused was comparison with the tarnishing of actions and attitudes into an Nadu. It started in mid-August and ternative to the currently adversarial, sanctions-driven their consent will affect our not powerful or rich. He was India’s image. expression of a cultural subsided by December. A detailed relations of the West with Iran. The deal, which may be economy in the long run. The arrested the very next day after the The most shocking part in the phenomenon without bothering to study was done by me, as head of finalised by the end of March, will attempt to regulate Nandigram issue and its lingering incident and was not released on supposedly “banned” documentary find out what this culture is about. the department of Preventive and strictly Iran’s ability to produce nuclear fuel for at least after-effects should serve as a bail. So the argument that the was the attitude and the mentality It is intriguing that he does not Social Medicine, JIPMER, and four ten years, and then gradually ease the restrictions. In warning to the Modi government lynch mob was motivated by some of the convict and the defence pause to subject the film-maker’s of my team members. turn, the West would ease its sanctions that currently and cause it to rethink on pushing distorted sense of justice and that council. Who or what gives them conclusions to scrutiny. Does he In 2009, a vaccine was not the Bill in the Upper House. The it was reacting to the slow pace of the right to judge the decency or not recall that the December 2012 available. Now the effects of curtail Iran’s oil exports and prevent it from accessing stand of the Opposition parties in the system is flawed. This was a otherwise of another person? What incident shocked everyone? When vaccination can also be worked out global financial markets. In this context, Mr. Netanya- wanting it sent to a select panel is hate crime, motivated by rights do they have to inflict such this is the case, how can he say that because of availability. Further, hu’s call for a complete dismantling of Iran’s nuclear very relevant and a move that must communal and ethnic issues. The pain on another person? Unless the protests are meant for political based on the intensity in the whole infrastructure seems unrealistic, outdated and worthy be supported. Any anti-people Bill mob was not there to protect mindset of the typical, Indian initiation, or that lawyers are country, the requirement of of being ignored. has to be blocked. women or their rights but was out patriarchal society changes, simply promulgating Manu’s Tamiflu can be calculated. The vigil B. Prabha, to vent its anger against a man who incidents like these are bound to views? Ms. Udwin established has to be intense till the end of Within the U.S., the opposition to Mr. Obama is Varkala, Kerala hurt their “pride”. happen. Till then, Indian women superficial equivalences in order to April and anticipatory measures getting increasingly bitter. Forty-seven Republican Bipin Thaivalappil, have to take steps to ensure their mock at a culture and to show it as should be taken for a second milder Senators sent an open letter to Iran’s leaders on Mon- The obfuscation and opaqueness of Payyanur, Kerala own safety. being a male-chauvinist and occurrence in June-July. day, warning them that any nuclear deal that they sign the whole exercise is too glaring to Sonal Garg, female-inimical culture. A genuine Prof. M.B. Soudarssanane, with President Obama could last only as long as he be missed. The government has To be honest, the Dimapur Faridabad, Haryana Indian would be outraged by this. Puducherry remains in office, which is until January 2017. To this, demonstrated its main priority of incident has not come as a surprise. Codadu Pratap, “development” at all costs. The Public confidence in our justice The world is looking at us to see Hyderabad Harvard ‘lecture’ Mr. Obama reportedly said: “I think it’s somewhat cost that future generations will delivery system is low and one how we have dealt with the issue RJD chief Lalu Prasad Yadav’s ironic to see some members of Congress wanting to pay for this unseemly rush will be needs to ask why things have sunk after the gruesome incident. T The articles by Shiv Visvanathan, daughter, Dr. Misa Bharti, appears make common cause with the hard-liners in Iran.” The far too heavy for us to even fathom. so low, post-Independence Though we claim to be modern, we and R.K. Raghavan (“Anarchy to have made a laughing stock of fact is that as Iran’s clout in the region grows, it is J. Anantha Padmanabhan, (“Anarchy without a mask,” March still follow a strong, deep-rooted without a mask,” March 11), herself (“‘Misa Bharti was in the gradually stealing Israel’s thunder. Iran is playing a key Tiruchi 11). In the past, there were monthly Indian culture. Separately, crimes present the grim sides of the same audience’,” March 11) Was she meetings when the number of such as acid attacks and rape are on problem. The lawyers who are confident that the truth would role in defending Iraq against the IS onslaught, and the Nagaland lynching criminal cases were brought to trial the rise. However, these crimes handling the case of the Nirbhaya never come out? She should realise U.S. recognises the value of an Iran-backed militia and the convictions discussed. I have nothing to do with our culture culprits have no hesitation in that deceit may work in India but fighting in Tikrit. Though America is uncomfortable The problem of illegal immigration remember one such meeting where and should not be misinterpreted saying that there is a right and a will never pass muster in the West! with the Syrian regime, it sees the strategic significance has once again found space in the the District Magistrate sharply worldwide as Indian values. The wrong place for a woman. It would It is a shame that Harvard has had of Iran’s support to Bashar al-Assad in countering IS. media and public discourse as a advised magistrates not to think of fallout of the controversy be interesting to ask them to to issue a clarification and that the So it is IS that is becoming a common cause for the U.S. result of an unfortunate incident themselves as Supreme Court surrounding the documentary explain this. What is a woman to do pictures depicting her as delivering (“Lynch victim’s family awaits his judges but remain responsible for shows that exemplary punishment when she is perfectly and modestly a lecture were a gross and Iran, giving reason for a rapprochement. Mr. Neta- Naga wife,” March 11). Lack of maintaining law and order in their needs to be thought of in the justice dressed at her workplace and still misrepresentation. nyahu’s concern is understandable, but when given an political will is what is holding back ilaqas. system along with a faster trial faces harassment from a colleague K.V. Seetharamaiah opportunity to present his case he has made little of it. a solution. The issue needs to be Is there any logic in retaining the process. At the same time, the or her boss? Do they mean to say a Hassan

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU FRIDAY, MARCH 13, 2015 No immunity from prosecution R.K. Raghavan being alluded to as a “Competent Authority”. Those who were or are in government knew pecial CBI Judge Bharat Parashar The special judge’s order in the Hindalco coal that this was the Coal Minister and no one who is looking into the coal scam is a block allocation case reaffirms the position that else. But still, there was an act of deception brave man. He is neither overawed by whereby the person with whom the buck the status of those arraigned by him a Prime Minister has no immunity from criminal stopped was being referred to only as a “Com- FRIDAY, MARCH 13, 2015 S nor by the might of any investigating agency, petent Authority”! We do not know whether including the formidable Central Bureau of prosecution. Outrage by some that a former Prime Dr. Singh was not examined because of extra- Investigation (CBI), from whose conclusions neous pressure or because the then Director he has now differed sharply. His place in his- Minister could be so taken to court is a stand that of the CBI took the stand that this was not Creeping danger tory is assured, as he has dared to take cogni- required. In either case, this was unconscion- sance of the offences alleged to have been is preposterous. Nobody is above the law and able. It is just possible that if he had been committed by the former Prime Minister, Dr. Dr. Singh will have to go through the ordeal, at the examined and a detailed statement recorded of intolerance Manmohan Singh, in connection with the al- at the earliest point of time, Dr. Singh would location of a coal block to a private company, end of which he may still emerge unscathed have explained himself fully and the court irst it was the writers, now it is the turn of Hindalco. could have been convinced of his non-cul- television channels to be assaulted in Tamil The others whom similar cognisance has sufficient adverse material relevant to the his senses would allege that the former Prime pability. The fact that the CBI examined him been taken against are former Coal Secretary, case but has not been cited as an accused by Minister had received any illegal gratifica- only after a court direction is indicative of a Nadu. Freedom of speech and expression has P.C. Parakh, and Kumar Mangalam Birla, the prosecution, the judge could direct him to tion. As against this are the several circum- kid-glove treatment, something that possibly F seldom been under so much threat. The bomb Chairman of the Aditya Birla Group, and the face trial. Of course the latter will be given stances pertaining to the award that indicated annoyed the judge and compelled him to take attack on the office of Tamil TV channel Puthiya Tha- direct beneficiary of the award. The three enough opportunity to defend himself, like that Dr. Singh and his office had shown undue the rigid stand that he has now taken. laimurai in the early hours of Thursday takes the grow- have been accused of offences under the Indi- the others charge sheeted by the investigating interest in granting the coal block (Talabira II In my view, the key questions are: did the ing intolerance in our society to new heights. The an Penal Code (IPC) and the Prevention of agency and who are already facing trial. This in the State of Odisha) to Hindalco. These decision to award a block to Hindalco result channel showed trailers last week of a programme it Corruption Act (PCA) 1988, making out both is how Dr. Singh has been caught in the Coal- included a personal meeting, on June 17, in a loss to the public exchequer? Or, was it criminal conspiracy and breach of trust. gate heat, much to his consternation and that 2005, between Dr. Singh and Mr. Birla (as just a case of downright favouritism? Also, intended to telecast on the relevance of the thali or of his supporters. also a letter to the former from Mr. Birla), was Hindalco entitled to the allotment in mangalsutra in contemporary India. It began to receive Relevance of the CrPC subsequent to which there was an alleged preference to the others staking a claim for threatening calls, with callers turning abusive when The judge’s decision comes after his rejec- Majesty of the law somersault from the earlier position that no the particular block, and did this give them women answered the phone. The channel decided to tion of two successive closure reports by the The judge’s order also reaffirms the posi- mine will be awarded to a private company, undue pecuniary advantage? In the final anal- call off the show. Even after this, parties such as the CBI in the case. It re-establishes the court’s tion that a Prime Minister — in office or and that it would be only to a public sector ysis, the judge will have to be convinced that prerogative to accept or turn down an in- outside — has no immunity from criminal organisation, like the Neyveli Lignite Corpo- there was no loss if he had to drop further Hindu Makkal Katchi and the Hindu Munnani held vestigator’s findings. As citizens, we should proceedings either before he frames charges protests outside its office. A cameraperson recording appreciate that this is the best safeguard we or after trial. the protest was assaulted. The State BJP too issued have against a tendentious and arbitrary The cardinal mistake the CBI committed in the coal scam was Proving one’s innocence unedifying statements justifying the protests. All this criminal investigation that favours a ruling its“ failure to question Manmohan Singh ... The fact that the CBI culminated in the bomb attack, which might not have party. The latter has a vice-like grip over in- As Section 13(1)(d)(iii) of the PCA stands injured anyone but has done great harm to the coun- vestigating agencies, both in the States and examined him only after a court direction is indicative of now, it is enough for the prosecution to prove under the Centre (the CBI and the National that a public servant, while holding office try’s liberal fabric. The fringe groups behind this have Investigation Agency or NIA). It is an entirely a kid-glove treatment .... acted “without public interest”, and obtained thrown a challenge to the secular and tolerant ethos, different matter that the judge taking the ” “for any person any valuable thing or pecuni- and sought to use violence to intimidate liberal sec- position is also susceptible to both political ary advantage.” In effect, this would mean tions of society from debating or questioning cultural pressure and a personal lack of integrity. For- prosecution. There are a few among Dr. ration (NLC), that would be preferred. This causing wrongful loss to government and mores. While the ideological challenge will have to be tunately, such judges are an exception rather Singh’s acolytes who are outraged that a for- does not clinch the guilt of Dr. Singh, but wrongful gain to another person. There is no met politically, the full force of the law should be used than the rule, especially in sensitive cases, mer Prime Minister could be so taken to court certainly compounds the suspicion against need to establish mens rea (criminal inten- such as the coal scam, where monitoring by to face trial. Their stand is preposterous and him. It did not matter whether he was acting tion) or a quid pro quo between the two. In to rein in elements out to intimidate media and society. the Supreme Court and the media’s hawk-like laughable. The majesty of the law can never on his own or at the behest of someone else. effect the burden of proving his innocence The thali is a neck ornament worn by Hindu women attention leave little room for judicial get diminished, except under Army rule. No- The fact of the matter was that he was Coal falls on the accused, something gravely con- as a symbol of marriage and a living husband. The show, misconduct. body is above the law, and Dr. Singh will have Minister on that day, apart from being the trary to the English jurisprudence, which we it appears, would have debated whether battered or Relevant here is Section 319 of the Code of to go through the ordeal, at the end of which Prime Minister. have borrowed from the alien ruler. An abandoned wives still need to wear it. Whether women Criminal Procedure (CrPC) which gives the he may still emerge unscathed. amendment to the PCA to eliminate this court enormous discretion to proceed against Some reactions to the judge’s direction to Where the CBI erred highly questionable provision of law, which, choose to wear a cultural symbol such as a thali — or, a person who may not have been cited by the Dr. Singh to appear before him on April 8 are The cardinal mistake the CBI committed in on the face of it, is contrary to principles of for that matter, a burqa, a veil or a wedding ring — is investigating agency as being an accused. If meant deliberately to obfuscate the issues. It the coal scam was its failure to question Dr. natural justice, is still hanging fire. Therefore entirely a matter of personal choice. As a religion, after examination of the documents pro- is not the judge’s case that Dr. Singh was Singh. It was ridiculous that all CBI refer- it is 13(1)(d)(iii) that could go grievously Hinduism has always shown a philosophical indiffer- duced before him, the judge feels that there is dishonest and had received a consideration ences were by name to both Mr. Parakh and against Dr. Singh. All other factors are irrele- ence to forcing rituals and symbols on its adherents. an additional person against whom there is for awarding the mine to Hindalco. None in Mr. Birla. When it came to Dr. Singh, he was vant, including his unassailable personal in- This incident is one more in a growing list of attempts tegrity and the fact that several Chief Ministers (including non-Congress) report- by fundamentalists to appropriate the personal into edly endorsed the then government’s policy the political. Secondly, the targeted show was to be in CARTOONSCAPE of awarding public resources without resort- the nature of a debate, which is by definition a platform ing to the auction route. for two opposing viewpoints to be aired. Debates that The former Prime Minister has several op- allow a topic to be robustly analysed are an essential tions. I will not be surprised if he does not show up at the Special Court on April 8 but part of the public discourse in a democracy. Some years goes on appeal to the Delhi High Court to ago, Tamil Nadu saw disgraceful attacks on the film star challenge the cognisance taken against him Khushboo for her remarks on premarital sex. Tamil by the special judge. He may also seek an writers Perumal Murugan and Puliyur Murugesan exemption from appearance before the Spe- have been threatened, even as a BBC documentary on cial Court. If this happens we are likely to the Delhi rape victim was banned nationally. In all witness a prolonged court battle. In his argu- ments before the High Court, he may also these cases, protesters claimed that India’s cultural point out that no sanction for prosecution fabric was under threat. What is really under threat is had been obtained by the CBI as he was a its millennia-long history of tolerance, broad-minded- public servant at the relevant time. Such ness and acceptance of a diverse, multilayered ethos. sanction will certainly be needed for the IPC offences (and not for the PCA ones) alleged against him. It is believed that the CBI will have to address the President of India for obtaining sanction to prosecute Dr. Singh un- The business end, der the IPC. What we are talking of here is the President’s own application of mind, and not that of the Executive. with optimism The added complication here is whether, as a sitting member of the Rajya Sabha, he gets the advantage of the CBI needing an addition- t is fitting that the 30th anniversary of India’s al sanction from the Chairman of that House, defining victory in the World Championship of although the offence attributed to him was Cricket, which was celebrated this week, has committed by him when he was a Prime Min- I coincided with the current team’s stirring run in ister. In such an eventuality, there are several the World Cup. Sunil Gavaskar’s men had captivated interesting possibilities. (Dr. R.K. Raghavan is a former CBI Australia in 1985 with a brand of dynamic cricket that Director.) was ahead of its time; M.S. Dhoni’s side hasn’t quite that je ne sais quoi, but it has so far in the tournament Letters emailed to [email protected] must carry the full shown a similar ability to bowl teams out. India might LETTERS TO THE EDITOR postal address and the full name or the name with initials. have entered the World Cup with the air of a monarch about to be deposed — after defeats in the Tests and the business tycoons misuse their punishment and the other by acts ardent supporter of the AAP, I wish Rape statistics show no such thing, tri-series had appeared to shred the team’s confidence Manmohan & Coalgate power and position to loot our of love.” Mr. Kejriwal appears to be the party will sort out all its even when adjusted for under- — but the past few weeks have witnessed a remarkable As the huge revenue that will natural wealth while in the comfort following the first option. differences and start to govern. reporting. Equally unsupported is turnaround. From the words of captain Dhoni and accrue from the auctions of telecom of their air-conditioned spaces? Uttam K. Bhowmik, Karthika Muthu, the claim that widespread particularly team director Ravi Shastri, who termed spectrum and coal shows, The court must now pursue the Dhalhara, West Bengal Chennai misogyny and chauvinism the tri-series “a waste of time and energy”, it is now transparency is a must in public life case to its logical end with all predispose Indian men to rape. If (Manmohan caught in Coalgate sincerity, and adequate As a proud voter in Delhi, I feel sad The personality cult and dynastic that were true, liberal and clear that India was awaiting its moment. Through the heat,” March 12). Therefore, it can punishment should be awarded to and disheartened when I see the politics are the two ills that afflict permissive countries like Sweden tournament, the defending champion has appeared to be proved beyond reasonable doubt all who have dipped their fingers crisis of credibility and leadership Indian politics and deter and the U.K. would not lead the gain strength incrementally. The team was noticeably that the auctions during the UPA avariciously in the coal honeypot. that has engulfed the AAP. All the development. No political outfit, world in incidents of rape. The sharper and more intense in the field against Pakistan regime were a farce. With the Tharcius S. Fernando, rhetoric of being a “democratic barring the Left, appears to be free twisted, self-serving excuses of a and South Africa; with their toughest opponents in the former Prime Minister under the Chennai structure” and a “party with a from both these evils. All the convict on death row prove league stage dealt with early, Dhoni’s men ruthlessly scanner, it should serve as a difference” seems so hollow. Mr. regional parties consciously nothing. The final falsehood, that reminder that natural resources The drama in the national capital Kejriwal needs to shed more light develop the personality cult, and India banned the film, yielded a dismissed the UAE and Ireland. The only scare was are precious and cannot be looted by the Congress (“Congress calls on the big decision to curb the their leaders take the cadres for billion-dollar publicity bonanza caused by the West Indies, but the calmest man in by the corrupt at any cost. emergency meet to take decision on powers of Yogendra Yadav and granted. Inner party democracy is that the director and producer world cricket — Dhoni — ensured there was no panic. K.R. Srinivasan, legal strategy,” March 12) will not Prashant Bhushan, or else he will conspicuous by its absence and a must have foreseen. In conclusion, Hearteningly, India has ticked the many boxes that Secunderabad lead to anything. Congressmen and lose all the credibility and trust he second line of leadership is the film’s key messages are false, as matter in a global tournament: solid, explosive batting; the country must be reminded that earned during the course of the shunned. The Aam Aadmi Party is the alleged ban in India, and the restrictive, wicket-taking bowling, backed up in the It looks as if the ghost of the UPA an Indian-American businessman, elections. also appears to be affected by the lies have absolutely no redeeming government’s wrongdoings has who was the first foreign-born Ayush Srivastava, personality cult with Arvind value. field; game-toughness under pressure. Particularly im- come back to haunt Dr. Singh, managing director of McKinsey & New Delhi Kejriwal exposing his intolerance Subhash Garg, pressive is the team’s handling of mental fatigue — which is sad as he was the only one Company, a person of integrity and for dissent. Its supporters are San Jose Virat Kohli recently said that Suresh Raina reminded in the UPA who managed to uphold a philanthropist, a fact that the I write this as a sad AAP volunteer disappointed and aghast. him of having spent 100 days in Australia. Unlike hosts his reputation for personal probity, judicial system was aware of, was and donor. People are temporary S.V. Venkatakrishnan, Modi and Sri Lanka Australia and New Zealand, whose players have had the which was in sharp contrast to the found guilty on four counts of but institutions are permanent. Bengaluru Prime Minister Narendra Modi’s scandal-scarred regime that he conspiracy in the securities fraud, Arvind Kejriwal should understand visit to Sri Lanka will be time to recover in the comfort of their own homes, presided over. Dr. Singh becomes then convicted and is now serving the importance of strategists like A political party should exist as a strategically important (“A India’s cricketers have had to recuperate on the road. only the second Prime Minister, term in a U.S. federal prison. None Yogendra Yadav and crusaders like pyramid ending with the leader at neighbour difficult to please,” Shikhar Dhawan, who has a home in Melbourne, is an after P.V. Narasimha Rao, to be of the beneficiaries of Rajat Gupta’s Prashant Bhushan. Does he want the top. One can say events show March 12). Over the last few years, exception of course. There’s no doubt that that has summoned as an accused by the philanthropy took out a solidarity himself to be surrounded by ‘yes that water is finding its level. Mr. the Chinese have been making played a part in his resurrection. After a middling tour court. What is ironic is that while march in the U.S. in favour of his men’?’ The losers in all this are the Bhushan and Mr. Yadav have had to concerted efforts to woo the Sri of Australia till the World Cup, Dhawan found form Dr. Singh was always accused of integrity. lakhs of people who contributed to be sidelined as they insisted on Lankans, and it is India’s good indecision, he may be on trial for Kedarnath Rajah Aiyar, the coffers of the AAP, took leave clinging to their impractical fortune that President Mahinda and, with 333 runs, is currently fourth on the scorers’ taking decisions which, according Mumbai from work to support AAP rallies idealism. They should not regard Rajapaksa’s shock defeat has list. The bowlers, who did not look like they could buy a to him, were meant to promote and who voted twice for the party. the decision as a dishonour and robbed the Chinese of special wicket at one stage, have improved beyond sight. Mo- industrial activity! AAP’s woes If things are not corrected soon, should continue to build the party. benefits. Mr. Modi must strengthen hammed Shami (12 wickets) and spinner R. Ashwin (11) K.S. Padmanabha, Mr. Kejriwal must be living in a this unique political experiment Anita Lakshmanan, India’s interests in the Indian are among the top ten, but the entire bowling unit has Secunderabad different world if he thinks he can will meet the same fate as that of Bengaluru Ocean. As he is free of the influence be above all (“Kejriwal tried to the Janata Party. of Tamil Nadu, he must push worked together, finding both consistency and poten- The picture of hapless-looking, poach Cong. MLAs: TV sting,” Vivek Rayal, ‘India’s Daughter’ Colombo towards working out a cy. India has done well in different situations and bare-bodied miners in the depths of March 12). He became a heroic Rishikesh I have lived in America for 47 years, meaningful settlement of the Tamil varied conditions, increasing its unbeaten World Cup the earth carrying coal on their figure because of the collective and I don’t ever recall seeing any issue as every progressive step by streak to nine — five on the trot in 2015, four in 2011. A heads while risking their life and effort of leaders and members like I fear that the AAP will soon positive coverage of India in the India till now to build bridges with likely quarter final against Bangladesh does not appear health for the sake of their Prashant Bhushan and Yogendra become like all other parties and American media. The popularity of Sri Lanka has only been brought taxing, but complacency has no place in the knockouts. livelihood was moving (“From coal Yadav. The AAP today is all about lose its way. The manner in which the documentary, India’s Daughter, down by political rumblings in to fire,” March 12). While miners capturing ‘power’ rather than Mr. Bhushan and Mr. Yadav have rests in part on its conformity with Tamil Nadu. He must also address India does not have Australia’s abundance of match- earn a paltry sum for the great risk serving the people. Mahatma been removed shows that other this tradition. the contentious problem of fishing. winners, but if it plays to potential in the business end, they are subjected to, isn’t it Gandhi once said: “Power is of two members who dare raise a voice It falsely insinuates that India is Meghana A., it will be an incredibly hard side to beat. atrocious that our politicians and kinds. One is obtained by the fear of may meet the same fate. As an uniquely dangerous for women. Shell Cove, Australia CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU SATURDAY, MARCH 14, 2015 The prison house of identity Ananya Vajpeyi Assamese, settled in Dimapur or passing For Syed Sarifuddin Khan, the suspicion of rape through it regularly. he lynching of Syed Sarifuddin was enough to set alight a tinderbox of regional The fact that Khan was a Muslim probably Khan, a 35-year-old Assamese man made the slide from “Indian” to “Bangla- accused of rape and remanded to discontent with the political dispensation, the deshi” somewhat easier. The mirror image of police custody, in Dimapur, Naga- this xenophobia is the way in which people SATURDAY, MARCH 14, 2015 T land, on March 5, 2015, is one of the most permanent state of emergency, conflicting from Northeastern States are all lumped to- troubling of India’s repeated crises in law and gether and referred to as “Chinki” through- order in recent memory. A 25-year-old Naga identities, thwarted aspirations and vexed out India — again, a derogatory moniker woman filed rape charges against him on suggesting not that these are literally people The price of February 24, and he was arrested the next histories, into a conflagration that incinerated him from China, but that their ethnic, racial and day. He had been in jail for 10 days, when a cultural identity is distinct from, other to and mob of several thousand people (figures var- The abduction, rape and murder of Thang- On the face of it, the mob sought to teach as good as foreign for those in the “heartland” clinging to power y), including large numbers of young women, jam Manorama, a Manipuri woman, allegedly Khan a lesson. It could be argued that the or “mainstream” of India. stormed Dimapur Central Jail. by Indian paramilitaries, led to a naked pro- heightened intensity of the discourse about Note that the term under erasure in this either the ruling United Democratic Front They hunted the man from cell to cell, test by about 30 Manipuri mothers in Im- rape and its prevention, prosecution and awful lynching of a so-called “Bangladeshi” nor the Opposition Left Democratic Front found him, dragged him outside, beat him phal, outside the Kangla Fort headquarters punishment in India ever since the Delhi by so-called “Chinkis” — who otherwise are and pelted him with stones, stripped him of the Assam Rifles in July 2004. Both the gang-rape of December 2012 is bound to pro- treated as aliens and routinely victimised all can escape blame for the violence and chaos naked, tied him to a motorcycle with a rope rape and the form taken by the protest — the duce at least some instances of vigilante ac- over the country outside the Northeast — is N within the Kerala Assembly during the pre- around his waist, and dragged him wounded older women stripped naked, and stood on tion and rough justice. The Dimapur “Indian”. And this is precisely the point: “In- sentation of the Budget by Finance Minister K.M. Ma- and bleeding for about 7 km. By the time they the street carrying placards which read “In- lynching was a particularly violent enact- dian” is an identity that the Muslims of East ni. With the LDF members insisting that they would arrived at the town’s Clock Tower, he had dian Army Rape Us” “Indian Army take our ment of the rage and frustration that many, Bengal — who first became Pakistanis and not allow Mr. Mani, who is under a cloud following died from his injuries. They then strung his flesh” — shocked the entire country, leading especially women, feel on this charged sub- then became Bangladeshis — iteratively se- allegations that he accepted a bribe from liquor bar body up on a fence, and displayed it to thou- to a long legal process and several commis- ject. There may be an element of truth to this ceded from in 1947 and 1971, and that the sands of jeering onlookers. Explicit and hor- sions of inquiry. As recently as December analysis. Nagas never quite accepted, despite Naga- operators, to present the Budget, and Chief Minister rific images of this brutal journey were 2014, the Supreme Court directed that Rs.10 Rape or identity? land becoming a state of the Indian Union in Oommen Chandy intent on defending the Minister, the instantly circulated as photographs and vid- lakh be awarded as compensation to Mano- 1963. stage was set for bedlam. It resulted in the Speaker’s eos, which went viral on the Internet. On rama’s family. But because the Assam Rifles But what’s more telling is the way in which The limits of the nation chair being thrown down, and the budget speech end- March 8, his body was buried by his family at had been deployed in Manipur under the Khan was initially described as a Bangladeshi ing in just six minutes. Mr. Mani’s continuance in the his village, Bosla, in Karimganj district of Armed Forces (Special Powers) Act (AFSPA), immigrant, when in fact he had a family in This story of forcible, partial and unwilling southern Assam. which grants immunity to military and para- Assam, had lived in Dimapur for long, and accession to India; the still-incomplete and Cabinet had become politically untenable after a case The facts regarding the circumstances of military forces, the court could not pro- had married a Naga woman (whose first problematic integration into the Union of of corruption was registered against him, but Mr. the rape are still uncertain. The identity of nounce any punishment for the accused. name, as per a story in this newspaper on India; continuous low-intensity warfare be- Chandy could not afford to alienate the Kerala Con- the man was initially misunderstood and The two incidents, separated by 11 years, in March 11 “Dimapur lynch victim’s family tween various tribes and factions; the long- gress (M) led by him which, with its nine MLAs, was in a misreported, both by the lynch mob and by two restive Northeastern States, Manipur awaits his Naga wife”, appears to be Chris- term, indeed indefinite deployment of emer- position to make or break the government, surviving on the media, as that of a Bangladeshi immi- gency laws and martial rule via the AFSPA, the thinnest of majorities as it is. It is unfortunate that grant, and only later determined to be that of and of the dreaded instrument of counter- a Bengali-speaking Assamese Indian. Khan terrorism, the Unlawful Activities (Preven- he has chosen short-term political interest over princi- had a Naga wife and a young daughter, and The same identity that is the basis of solidarity in one tion) Act (UAPA), by the Indian state — these ples of ensuring transparency and probity in public life. lived in Dimapur, where he ran a small used setting“ can become one's greatest vulnerability elsewhere. realities are writ large across the Northeast, Mr. Mani has been allowed to wield his political clout to car business. His father and brothers had ” including Nagaland and Manipur. his own advantage. Although there is no legal bar on his served in the Indian armed forces, and the In postcolonial India, Assam itself has seen continuing as Minister, Mr. Mani should have stepped woman who accused him of raping her was ceaseless conflict between Assamese-speak- down as a matter of propriety to allow for an impartial from his wife’s village, possibly her cousin. and Nagaland, are diametrically opposed: in tian. Nagaland is more than 90 per cent ing Muslims, Bengali-speaking Muslims — Unrest in the Northeast one case, the person who died was the victim Christian). It must have been clear to those many of whom are indeed immigrants and investigation into the charges by the Vigilance and of rape and in the other, the alleged perpetra- who knew him locally, that he was not Ban- refugees from East Pakistan and Bangladesh, Anti-Corruption Bureau, free from any interference. At the time that he was lynched, it was not tor. In the one case, the killers were members gladeshi, but Indian. settled in Assam for varying lengths of time — While the demand for Mr. Mani’s resignation is no known with any legal certainty whether he of the armed forces and in the other, common So why call him “Bangladeshi?” The mo- and tribal Bodos, who have been agitating doubt politically legitimate, the LDF members led by had committed rape, and now it will probably citizens. Both involved heinous violence niker in this context serves as shorthand to that a separate “Bodoland” be carved out of the Communist Party of India (Marxist) ought not to never become clear what transpired. His own against individuals, and both created a storm indicate that he was an outsider, not a native; Assam and granted full statehood. These statement recorded before he died and the of anger, grief, protest and intercommunity in other words, a foreigner or an “alien”, conflicts could be about territory and re- have escalated their protest to the levels they took it to statements of his relatives after his death all tension in the region. someone who was not Naga. The xenophobia sources, about ethnic, tribal and religious inside and outside the Assembly. Instead of storming deny rape allegations. The police for their Following Manorama’s disappearance and contained in this false identification of Khan identities, or about capturing the inadequate the Speaker’s podium and engaging in scuffles with part were unable to manage such a large mob, death, public opinion as well as the legal and extends not just to immigrants from Bangla- economic opportunities available in the re- treasury bench members and watch and ward staff, unable to hide Khan inside the jail once they legislative process quickly transcended the desh, but also to those people living in Naga- gion. Cross-border movement and resettle- they ought to have made full use of the Assembly as a had understood that he was being hunted by issue of rape and became focussed on the real land who might be Assamese or Bengali, i.e., ment of people between India and forum to debate the bribery charges. The death of an the crowd and unable to prevent his capture problem: the existence and persistence for from nearby States within India. Bangladesh, and the resulting demographic and release. Despite tear gas, lathi charges the AFSPA in Manipur and other States of Dimapur is a major commercial hub in the flux, are also constant factors. A fracture be- LDF worker outside the Assembly during the protests and rounds of firing, which left one person the Northeast. In the Dimapur lynching too, Northeast, on the border between Assam and tween Assam and Nagaland is only one way to and clashes with the police, provide further reminders dead, over 50 constabulary injured, and 10 we need to read the writing on the wall. This Nagaland. Unlike other parts of Nagaland, it understand the political landscape — there of the need to keep the political discourse within the police vehicles burnt, a full on counter-attack is not about whether Syed Sarifuddin Khan does not fall within the “Inner Line”, which are numerous smaller fractures within each limits of civility and legislative and parliamentary de- could not be launched because the mob in- raped a local woman or not; it is about the means Indians other than Nagas do not re- of these so-called “units” like Assam and Na- corum. The crisis in Kerala will not go away until Mr. cluded such a large number of women and relationship between the State of Nagaland quire a special permit to travel, work or live galand. Violence in the entire regional neigh- minors, many of whom were leading the and the rest of the Indian union, a problem there. On the ground, there are thousands of bourhood has been more or less continuous Chandy finds a way to keep Mr. Mani out, without violence. unresolved since the 1930s. other non-Nagas like Khan, many of them for decades. having to sacrifice his government. If he is unable to What was at issue in Dimapur then was not persuade his Minister to see reason, he certainly can- Khan’s true nationality as a Bangladeshi or not expect the Opposition to rise above political parti- an Indian, but the underlying fact that in sanship. The more Mr. Chandy is seen as ignoring Nagaland it is possible to see both those iden- political propriety to cling to power, the more he will be tities as being equally foreign, and equally CARTOONSCAPE likely to be placed at the receiving end of surrendering the political advantage to the LDF. If Mr. xenophobic violence. For the unfortunate Mani is not persuaded to step down quickly, it is Mr. Syed Sarifuddin Khan, the suspicion of a rape Chandy who will have to pay the price politically. that he may or may not have committed was enough to set alight a tinderbox of regional discontent with the political dispensation, the permanent state of emergency, conflict- ing identities, thwarted aspirations and Paranoia vexed histories, into a conflagration that in- cinerated him. His bewildered relatives were left saying — “But he was Indian”, “But we are at work a fauji family” — because in their view these qualifications ought to have protected him he government has been growingly defensive, from the extraordinary and ultimately dead- ly ferocity with which he was wrenched out of almost paranoid, about those non-govern- the legal process and simply torn to pieces in mental organisations and activists challeng- the town square. T ing its policies and programmes. In the The same identity that is the basis of soli- instance of Greenpeace activist Priya Pillai, it went as darity in one setting can become one’s great- far as labelling her “anti-national”. The Delhi High est vulnerability elsewhere. The discontinuity between Assam and Nagaland, Court’s intervention, quashing and setting aside a the chasm that separated Khan from his at- Look-Out Circular (LOC) issued by the government tackers, runs like a fissure in the bedrock of a against her, was a much-needed step. Ms. Pillai, who painfully, precariously, and always contin- was seeking to travel to the U.K. on January 11, was gently constructed “national” identity. The detained at immigration at the New Delhi airport and implications of Khan’s lynching are truly prevented from leaving the country, with no immedi- frightening for what they reveal, not just about where we have arrived in the debate on ate explanation provided for the action. As is now rape, but also, and more crucially, the dete- known, the LOC was issued on the basis of a unilateral riorating state of affairs in India’s Northeast. direction by the Intelligence Bureau (IB), without (Ananya Vajpeyi is an intellectual hearing out Ms. Pillai. The IB issued the arbitrary order historian at the Centre for the Study of under a clause meant exclusively for “CI [counter- Developing Societies, New Delhi.) intelligence] suspects, terrorists, anti-national ele- ments, etc.”. What exactly did the government assume Letters emailed to [email protected] must carry the full LETTERS TO THE EDITOR postal address and the full name or the name with initials. was anti-national about her visit? That her activity had the potential to denigrate India in the eyes of foreign nations, leading to a regression in economic activity? Ire over talk show such unfettered freedom for the has legitimacy it hardly elicits social sign of subjugation of the woman by request from Mr. Birla on the As the court has noted, Ms. Pillai was travelling to meet media. The programme in Chennai acceptance. Till we meet with the man. If at all a thaali is required, allotment of a coal block repeatedly From attacking writers to targeting was in the name of “empowerment success in our march towards a it should be adorned both by the and strongly recommended by the British parliamentarians to exert moral pressure on TV channels (Editorial and “TV of women”! India’s Daughter was in gender equal society, we have to husband and the wife; only then will State’s Chief Minister. Applying the the U.K.-based Essar Energy, which was working with a channel targeted for talk show”, the name of creating awareness. keep controversies alive, debates such a step be the first major leap same yardstick, will the Chief joint venture company, Mahan Coal, whose projects both March 13), the question that These ‘escape tactics’ do not going and criticism flowing rather towards meaningful gender Minister too be hauled up for taking were seen to be affecting tribals in Madhya Pradesh. arises is what kind of debate are we convince people. There is said to be than being a silent society. equality. up the cause of a private party? Coal A. Siva Raman, Ayyasseri Raveendranath, Justice Rajiv Shakdher took the view that the right to trying to encourage in society? a watchdog for the print/ electronic blocks were eventually allotted with travel abroad was a fundamental right, flowing from Many of these fringe groups are media. Isn’t it monitoring content Chennai Aranmula, Kerala the approval of Dr. Singh, who was representative of those who are not and enforcing discipline? also looking after the Coal Ministry the right to life and personal liberty under Article 21 of ready to hear anything against their Suryanarayanan S., The writers of the Comment page No immunity in good faith. While it is now for the the Constitution. This right cannot be curtailed by an worldview and taking cover in the Chennai articles have proved that there is no R.K. Raghavan has deftly argued in court to decide the culpability or executive decision, but only by “enacted law”. The name of religion and religious religious prescription to tie a thaali favour of the special CBI judge and otherwise of the persons Judge held that the government’s disapproval of the sentiments. They don’t want to Symbol of marriage in order to perform a marriage. has elaborated on the several concerned, the issue does raise views of civil rights activists expressed at an interna- accept that in a real democracy, I do not know whether it’s by There seems to be an unfounded options before the former Prime several questions about the liability every citizen has a right to express coincidence or by wilful design that belief that the mangalsutra is the Minister too (“No immunity from of those taking decisions in good tional forum would not be reason enough to stifle them. himself. If the motive is to stop the articles, “Neither ancient nor symbol of Hindu culture and prosecution,” March 13). Well and faith. Further, is it a crime for Mr. To consider Ms. Pillai to be anti-national just because people from thinking and deciding uniquely Hindu” and “Much ado therefore should not be questioned. good. Nobody, however highly Birla to pursue his legitimate her views might “negatively” impact the image of India things independently, these about nothing” (March 13), With a changing culture, marriages placed or regarded, should be let off business interests at the level of the “is completely untenable”, he held. Significantly, a elements are in for a rude shock. appeared on the same page, with the failing, and other insecurities, the hook so easily. However, a Prime Minister and the Coal somewhat similar argument about protecting India’s Narendra S. Ujjwal, one by Romila Thapar as the perfect women are refusing to bear the common man like me would expect Secretary? S.K. Choudhury, image was heard during the controversy surrounding New Delhi foil for both! Being the symbol of stigma alone and oppose the very the former CBI Director to speak up patriarchy, the thaali not only practice of having to wear a symbol on other interesting as well as Bengaluru the documentary, India’s Daughter. BJP Member of While the attack on a TV news enslaves women but also questions round the clock. We have to accept important cases of corruption. Parliament Meenakshi Lekhi in fact said the docu- channel in Chennai is the legitimacy of many ‘self-respect this reality. Otherwise, his expert opinions on It was amusing to see the mentary would deter tourism. The IB’s views on NGOs condemnable, it should not be marriages’. Usually couples in an S. Purushothaman, select cases may betray his bias. photograph (March 13), of a are known. An IB report apparently sent to Prime concluded that whatever unlawful inter-caste relationship resort to a Kovilpatti, Tamil Nadu Gnana Surabhi Mani, solidarity march staged by Congress Minister Narendra Modi that expressed anxiety over act was done by fringe elements is a ‘self-respect marriage’ to legitimise Madurai leaders in support of the reflection of society as a whole. their relationship, as it is the When there are burning issues beleaguered former Prime foreign funding NGOs apparently received for oppos- Even today, there are millions who simplest form of marriage in every gnawing at the core of society, the The writer has called the special Minister. Sadly, during his tenure ing development projects, has been widely criticised. still believe in non-violence and sense — social, religious or hue and cry over the thaali is CBI judge as a “brave man”. He may he was never allowed to act In January, the Delhi High Court directed the removal accept a diverse and multilayered economic. But it is revolutionary as preposterous. This observation be one! But a judge is required to be independently. Even after of a freeze on Greenpeace India’s bank account, as the ethos. it questions caste hierarchy and the applies equally to venom-spewing more judicious than “brave”. No demitting office, Congress leaders government had not brought any “evidence on record” I would also like to say that there custom of splurging on weddings. fundamental outfits and so-called one, of course, should have any perhaps wanted him to maintain a to support its action. The latest judgment comes as a is a need to control the media. There This form of marriage was taken up liberal forces. These outfits should doubt about the judge being equally studied silence. “Cartoonscape” appears to be a newfound activism by Periyar as an instrument of be dealt with the iron hand of the judicious. What appears to be a (March 13) portrayed his victory for NGOs that seek to question certain econom- in the media which feels that social reform to usher in much- law without giving them a chance to little unusual is that the learned predicament well. ic policies and provide alternative voices — without anything can be aired in the name of needed social change. It is also not catapult themselves to a pseudo- judge has found fault with the PMO P.K. Varadarajan, necessarily endorsing the ways of all of them. freedom of expression. There is no for the faint-hearted; even though it heroic level. No doubt the thaali is a pursuing the matter relating to the Chennai CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU MONDAY, MARCH 16, 2015 Looking beyond nuclear liability Rakesh Sood sought to be addressed by explaining that all While breaking the logjam on nuclear liability is civil claims can only be brought under the month has passed since U.S Presi- perceived as the most significant outcome of the CLNDA since that was the intention behind dent Barack Obama was in Delhi as this special legislation and further, that the chief guest at the Republic Day Obama visit, such a narrow focus misses the larger these claims would come under the juris- Aand had his famous “chai pe char- diction of the specially constituted Claims MONDAY, MARCH 16, 2015 cha” with Prime Minister Narendra Modi. picture. An underlying broader political objective Commission, thereby excluding any juris- An overview of the Indian commentary diction of foreign courts. about the Obama visit would reveal that has driven the India-U.S.-nuclear dialogue since The concept of risk management behind breaking the logjam on nuclear liability is the setting up of the Indian Nuclear Insur- Modi’s visit perceived as its most significant outcome. the end of the Cold War, and in the talk of ending ance Pool has been elaborated in the expla- Both leaders focussed on it at their joint the logjam, Narendra Modi and Barack Obama natory paper to point out that the premium press conference and Paragraph 43 of the costs will be modest. For a policy of Rs.1500 to Sri Lanka Joint Statement states that “the Leaders clearly had the larger political objective in view crore, the annual premium would be be- welcomed the understandings reached on tween Rs.1.5 crore and Rs.3 crore (calculated s he inaugurated the reconstructed Northern the issues of civil nuclear liability and ad- matter should not be postponed any longer. certain conditions. Two of these conditions, at 0.1 to 0.2 per cent as per global practice), Province railway line during his two-day, ministrative arrangements for civil nuclear Second, Mr. Modi was able to convince Mr. namely when such a right is part of the writ- hardly a large sum given that the capital cost cooperation, and looked forward to U.S.- Obama that despite a majority in the Lok ten contract between supplier and operator, of a 1000 MW reactor would be upwards of four-city visit to Sri Lanka, Prime Minister built nuclear reactors contributing to India’s Sabha, he was not in a position to amend the and second, when the nuclear accident has Rs.10,000 crore. A Nuclear Liability Fund A Narendra Modi signalled in more ways than energy security at the earliest.” Liability Law or the Rules. Such a move happened because of the intent to cause can be operationalised by a nominal sur- one that he would like to flag off a new start to India-Sri would create a political firestorm that could damage, are accepted as part of the interna- charge of say 5 paise per unit of nuclear Lanka ties, that could put them on track to the “golden Political objective in mind target senior members of his Cabinet, in- tional legal regime pertaining to nuclear lia- power which at current levels of installed chapter” that he had promised earlier. Mr. Modi has A lack of details initially led to consid- cluding both the Finance Minister and the bility. The third condition introduced in nuclear power can provide about Rs.200 done well to focus on strengthening India’s historical erable speculation about the nature of the Foreign Minister who were Opposition lead- Section 17(b) was novel and gave the oper- crore annually, thus enabling the govern- breakthrough and the assurances provided. ers in the Rajya Sabha and the Lok Sabha ator a right of recourse against the supplier if ment to recover its original contribution to links with Sri Lanka, invoking the ancient ethnic, lin- To clarify matters, the Ministry of External respectively when the Liability Bill had been the incident had been due to ‘supply of the liability corpus fairly quickly. guistic and religious ties that bind them. His careful Affairs took the unusual step of putting out a debated in Parliament in 2010. The negotia- equipment or material with patent or latent emphasis on India’s support for a “united” Sri Lanka seven page ‘Questions and Answers’ expla- tors were accordingly directed to work out a defects or substandard services’. The suppli- Removing legacy of mistrust was deeply appreciated given the mistrust in Sri Lanka natory paper which sparked yet another solution based on political assurances and er community interpreted this provision as Lawyers and risk analysts can continue to of perceived Indian intrusiveness, riding on concerns round of debate on whether this was really a risk management procedures being devel- ambiguous and one that rendered it vul- debate the legal validity of these explana- breakthrough or not. However, such a nar- oped by Indian insurance, instead of legal nerable to open-ended liability claims. The tions as well as the probabilistic risk assess- over the Tamil question. Yet, Mr. Modi struck the right row focus on nuclear liability misses the ment model employed for the insurance pool resonances during the historic first prime ministerial larger picture; there is an underlying broad- being set up, but this misses the larger pic- visit to Jaffna, which clearly struck a chord with the Sri er political objective which has driven the India needs to step up its outreach with NSG members, a ture. For Mr. Modi and Mr. Obama, the un- Lankan Tamil community there. He also stressed the nuclear dialogue between India and the process that needs to be coordinated with the U.S. so that at derstanding reached in January is a means to need to go beyond the Thirteenth Amendment in terms United States since the end of the Cold War, “ push the nuclear dialogue process forward to of the political empowerment of the Tamil minority. and when Mr. Modi and Mr. Obama talked of the 2016 NSG plenary, India formally joins the Group. This will its logical conclusion. It has been one of the breaking the logjam, they clearly had the most divisive issues in the relationship and There was another message, equally powerful, in the larger political objective in view. end the Indian nuclear establishment's isolation. its legacy of mistrust has made it difficult to flagging-off and in the inauguration of a slew of pro- Following their meeting in Washington ” move the strategic partnership forward. Nei- jects: that of an Indian intent to deliver on its promises last September, the two leaders had “reaf- ther Mr. Modi nor Mr. Obama can ensure of development. The rail line is one of the regrettably firmed their commitment to implement fully amendments. There was an implicit risk new explanation seeks to address it by relat- that Westinghouse and GE will set up nucle- few major Indian infrastructure projects to have been the India-U.S. civil nuclear cooperation here. Would these understandings stand up ing Section 17(b) to ‘actions and matters ar power plants in India but they can cer- completed in the post-war period. Projects such as the agreement”. Both leaders realised that the to legal scrutiny in an Indian court, in case such as product liability stipulations/condi- tainly lay the nuclear ghost to rest. The first nuclear liability issue was a hurdle that they were challenged? However, both lead- tions or service contracts’ between the oper- thing now is to ratify the Convention on Kankesanthurai port, the Sampur power plant and the needed to be overcome to take the relation- ers decided that the risk was worth taking ator and the supplier and therefore to be Supplementary Compensation (India had construction of homes have been delayed by tardy Sri ship forward. A contact group was establish- because of their shared conviction that the dealt with in the context of such contractual signed the CSC in 2010). The explanations Lankan government clearances, but a bulk of the blame ed and met thrice in the two months leading bilateral relationship needed to move be- terms. The attempt is to remove the open- should help smoothen the process. Once the for the lack of progress must lie with Indian ineffi- up to the Republic Day summit. In January, yond the liability stranglehold. ended nature of possible liability claims by ratification is done, it will strengthen the ciency. India cannot cavil at Chinese investment in the the officials had reached the limits of their limiting these to the terms and conditions of Indian government’s stand on the interpre- respective negotiating mandates in the con- An explanatory exercise the contract. tations and enable the NPCIL to open pre- island unless it is able to finish its own projects on time. tact group. Mr. Modi and Mr. Obama under- There were two principal sticking points liminary techno-economic discussions with Significantly, during his official meetings the Prime stood that the issue was not whether in the 2010 Civil Liability for Nuclear Dam- Insurance U.S. suppliers, while offering similar assur- Minister refrained from the kind of showmanship that Westinghouse and GE would set up nuclear age Act (CLNDA). The first was Section 17 The second sticking point was Section 46 ances to other foreign suppliers. Simultane- often hangs over Indian approaches to Sri Lanka, typ- power plants in India (that process was which enables the operator of the nuclear which stated that the provisions of the ously, the NPCIL should bring its contract ically signalling an assertion of strategic primacy in the bound to take many months, even years, of installation (under Indian system, the Nu- CLNDA ‘were in addition to, and not in dero- language into conformity with these expla- subcontinent and the Indian Ocean region. The agree- complex technical and financial negotia- clear Power Corporation of India Ltd. or gation of, any other law for the time being in nations, which is presently not the case, so tions) but whether the two leaders could NPCIL), after paying compensation to the force’, leading to concerns among the suppli- that domestic suppliers stand reassured. ments signed in Sri Lanka were minor ones, and al- lead from the front on this issue. victims of nuclear damage, to have the right ers that they could be subjected to multiple Finally, 2015-16 provides a suitable time ready in the pipeline. This could help the Sirisena Mr. Modi and Mr. Obama agreed that the of recourse against the supplier, subject to and concurrent liability claims. This is window that must be exploited to bring government ward off allegations of being too India- about India’s full participation in the Nucle- centric. There were some critical comments in the Sri ar Suppliers Group (NSG). The momentum Lankan media over the fact that four high-level visits generated in 2008 when the NSG approved CARTOONSCAPE the waiver from its guidelines to permit ci- between New Delhi and Colombo have taken place in vilian nuclear cooperation with India was less than 60 days, with one newspaper calling it “too only possible with U.S. diplomatic heavy lift- much too soon”. It was possibly this apprehension that ing. Much of this momentum has been lost in was reflected in the controversial remarks on India by recent years and needs to be revived. With its Sri Lankan Prime Minister Ranil Wickremesinghe and newfound diplomatic activism, India needs some other members of his Cabinet just before Mr. to step up its outreach at multiple levels with NSG members. This process needs to be co- Modi’s visit, and the Indian Prime Minister did well in ordinated with the U.S. so that at the 2016 not reacting to them. India must start a fresh chapter NSG plenary, India formally joins the Group. with Sri Lanka as that country emerges from a troubled This will end the isolation of India’s nuclear and turbulent phase. Gently offering a hand of friend- establishment that began in 1974 and rein- ship while reminding Colombo that its promises to the tegrate India into legitimate civilian nuclear trade and commerce while acknowledging Tamil minority must be kept, would serve India’s stra- India’s commitment to non-proliferation. At tegic interests well. That would also help enhance In- a bilateral level, U.S. support in bringing this dia’s image as the leading democracy in the region. process to its logical conclusion would re- move the mistrust that has often cast a shad- ow on the relationship. Mr. Modi and Mr. Obama’s recourse to political pragmatism to get around the nuclear liability hurdle re- The promise of flects their willingness to look beyond it at the larger picture. What is now needed is a plan with clear objectives which helps in insurance reform realising the goal of making the India-U.S. relationship the defining partnership of the ith the Rajya Sabha passing the Insurance 21st century. (Rakesh Sood, a former Ambassador, was Laws (Amendment) Bill, the Narendra the Prime Minister’s Special Envoy for Modi-led BJP government must be feel- Disarmament and Non-Proliferation till W ing strengthened. The Bill crossed the May 2014 and was closely involved with final hurdle only because its principal bête noire, the Indo-U.S. strategic dialogues from 1992 to Congress, allowed its passage. That it took over six 2004. E-mail: [email protected]) years for Parliament to give its assent to such a widely- anticipated step on the insurance front illustrates the Letters emailed to [email protected] must carry the full sharp divide — not necessarily ideological — between LETTERS TO THE EDITOR postal address and the full name or the name with initials. the two principal players in Indian politics. Conver- gence of views very often does not lead to a consensus Sri Lanka visit the need to maintain a thrust on It’s a tall Gandhi and a diminutive and the Opposition parties will ashamed. I did not expect this kind — for obvious political reasons. Nonetheless, the shad- democratic principles of equality Churchill. It was Winston reach an amicable settlement even of behaviour from the leaders of Prime Minister Narendra Modi’s and an actual devolution of power Churchill who disparagingly when they know the odds are the most literate State in this ow-boxing between these two major national parties visit to Sri Lanka is a historic one, for its people irrespective of referred to Mohandas Gandhi as against them, it will be us voters country. While some were has helped trigger a high-voltage debate on the need for judging by its content (“Modi’s religion or ethnicity. Naturally, the ‘half-naked fakir’ even though who end up looking foolish. Public destroying public property and reform in the insurance space. The stakes go beyond date with Jaffna,” March 15). India has to ensure that the Sri Gandhiji regarded the expression sentiment needs to be expressed virtually manhandling one the political and business constituencies. Insurance Peace, unity and reconciliation are Lankan regime comes up with an as a compliment. It is Churchill and heard through the Governor. another, with no consideration reform is only one of the measures the Modi adminis- crucial for the development of the equitable political solution. The who will now have to eat his words Anitha Anilkumar, even for women, one could see the tration is banking on as part of its growth strategy. But country and pivotal to helping regional government installed in in his grave after the installation of Kochi Chief Minister looking on create a congenial atmosphere. the North must be empowered to Gandhiji’s statue almost next to unruffled. One would expect that the constant polarisation on political lines on key is- The project to build 50,000 houses ensure the inclusive rehabilitation his. One must also remember One was reminded of the all the guilty leaders are made to sues is slowing the traction on important fronts and for the displaced, executed with of war-displaced people. India another Gandhi quote where he campaign, “Behave yourself India, pay for the damage out of their own causing uncertainty, that tells on the economy. assistance from India, is a major should push Sri Lanka to offer an told the British that they can have the youth are watching.” From pocket. To add insult to injury, Now that the way is clear for 49 per cent foreign move that will help build a good economic package to refugees his life but not his obedience. Kashmir to Kanyakumari, almost there was a ‘hartal’ the next day holding in an insurance company, will the country see a rapport with our neighbour. The returning to their native land to K. Pradeep, every State Assembly is fast that inconvenienced the people. flood of foreign direct investment? At the moment, the only problem that needs to be help them recommence farming, Chennai becoming the stage for unruly G.S.S. Dutt, settled is the fishermen issue. trade, business and industrial behaviour. The use of pepper Thiruvananthapuram field is laid a lot easier for players. The operating C.K. Subramaniam, activity. They should be given the ‘Snooping’ on Rahul spray, passing time by watching environment has been redesigned to facilitate foreign Navi Mumbai right kind of support to live with Old habits die hard (“Police inquiry video clips of a dubious nature in Promoting nightlife investors to engage in the long-haul game. Insurance dignity while preserving their own at Rahul’s house triggers storm,” the midst of House business, I am no Victorian prude to raise a penetration in India, life and non-life put together, was Getting over misunderstandings culture. March 15). What was tried out in mocking women members, hue and cry over the ethics of just about 3.9 per cent in 2013, up from 2.3 per cent in and ending a cold war between The challenge before the Tamil Gujarat appears to have been breaking mikes and throwing promoting nightlife and the countries at the grassroot level is National Alliance is to make full replicated in New Delhi. The act of chairs, all amid verbal abuse, are prospects for growth in the sector 2000, according to Economic Survey 2014-15. This better than allowing them to fester use of the opportunity to work snooping violates personal now the norm. Leaders, please (‘Sunday Anchor’ page, March 15), reveals the extent of opportunities available. Interest- and grow into a giant tree of hatred. towards a permanent solution liberties and invades the privacy of respect our institutions! but would not liquor which already ingly, according to the Survey, private insurers saw a 1.4 The visit was a meaningful one that based on the 13th Amendment and individuals. It is bizarre that the Sri Divya Goru, flows freely during the day make per cent decline in their premium in 2013-14 even as showed that a strong emotional to further ‘humanise it’. But will it Delhi Police wanted to know Narsipatnam, Andhra Pradesh life more devastating at night? It is the Life Insurance Corporation recorded 13.5 per cent bond and understanding between be given such space? details such as Rahul’s features — not just this. Drunken driving, growth. These numbers tell a tale of their own. For India and Sri Lanka will fetch rich Madan Menon Thottasseri, hair and eye colour — and even his The responsibility for the terrible already a menace, may get out of dividends. Chennai father’s name. This does not seem happenings are to be placed control and cause additional stress long, insurance has been viewed only as a tax-saving Naseeba Kunthoor, to be a case of a routine process. squarely on the doorstep of the to the already overburdened police tool. The protection element still has not seeped into Mangaluru Gandhi statue G. David Milton Chief Minister, who, in defending force. The security of people other the mind of the common person. Changing the mindset The unveiling of Gandhiji’s statue Maruthancode, Tamil Nadu K.M. Mani, trampled on all than the night-life-revellers has to and spreading the net will involve much time and It is good that Mr. Modi visited in London is a moment of great Kerala Assembly democratic canons and established be ensured. There is no harm in enormous cost. Competition could invigorate the field Jaffna, as its strategic importance pleasure and pride for all Indians parliamentary traditions. The having absolute peace and quiet in cannot be overlooked as far as (March 15). One cannot help but Friday, March 13, 2015, will remain behaviour of the LDF men also left our cities after midnight barring a by providing greater access and more products at fair India is concerned. The picture of contrast this with the debate in our a dark day in the political history of much to be desired. The checks and motor horn here or there. And prices. Given the dynamics of the Indian marketplace, Mr. Modi participating in a ‘milk country on the step to build a Kerala (Editorial, March 14). What balances built into our democratic reduced fuel usage, in the absence foreign players could bring to the table new dimen- boiling ceremony’ of a Tamil family temple for his assassin, Nathuram right do the ruling and Opposition system no longer seem to work. of cars on roads, will serve the sions. The experience elsewhere — as in the automobile in Jaffna shows that he went out of Godse. We must give deep thought parties have to behave in the most Manohar Alembath, environment better. While industry — suggests that competition makes the con- the way to impart a personal touch. to a foreign country’s gesture in ugly manner? As the televised Kannur admitting that more business will sumer demanding. Surely, the Indian insurance field Riya Samson, giving pride of place to an Indian proceedings showed, there was no mean more growth, allow me to Margao, Goa who spearheaded the move to free second thought given to taxpayers’ Were they lawmakers or raise a simple query: growth at requires a more aggressive customer. The passage of India from its clutches. money as there was a systematic lawbreakers? Every single Indian what cost? the Insurance Bill will indeed go a long way in reconfi- The new regime in Sri Lanka must Geetha K., plan to damage property. While at who believes in democratic values I.S. Kanthimathinathan, guring India’s position in the global marketplace. be prudent enough to understand Coimbatore the end of the day both the ruling would no doubt have been Tirunelveli

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU TUESDAY, MARCH 17, 2015 India’s heart is in the right place Peter Ronald deSouza social behaviour. Born from years of habit, In India’s new expressive humanism, in the form the immediate response of a government he picture of hundreds of people of the green corridor for heart transplants, there official, to an unusual request, is to deny the lining the road showering marigold granting of it. Such negativity is easier to live petals on an ambulance as it sped are no caste, community, or gender biases. None with since it is a no risk strategy. So, sudden- past on an empty road in Vijayawa- ly to witness a different response from the TUESDAY, MARCH 17, 2015 T da, during daytime, brought tears to my eyes. of India’s prejudices can be seen in this act of police and the municipal authorities who I was puzzled by this strange emotion, un- prepared and imposed a “green corridor” on prepared for the tears welling up within me giving life to total strangers. How different it is the travelling public — where all the traffic however fleeting they may have been. To see lights on the route to be taken by the ambu- Leaving beef bans hundreds of people showering marigold from the politics of today where the other is lance carrying the donated heart are kept flowers on an ambulance, led by a pilot car regarded as a hostile other green and all other lights of roads leading to whose siren announced the urgency of its the corridor are turned red — is again a to the States purpose, was difficult to explain. Something more. its members to consider the donation of the response by the government that can only be very special was taking place, something the I did a Google search with the words heart of the loved one, who has just been applauded. ven as some of its State units — within and people seemed to collectively understand “green corridor for heart transplant” and declared brain dead, to another. For the fam- The fourth aspect is the effort of the am- outside government — have shown a zeal in and endorse. With their marigold flowers, was amazed at the stories that appeared on ily to give up the hope that the loved one will bulance and aircraft crew. Reading the re- they had come to salute and confer a sacred my screen. Chennai. Bengaluru. Vijayawada. live again, to accept death, and then to think ports, one got an idea of their sense of seeking to toughen laws on cow slaughter, the status on the passing ambulance. In it was Hyderabad. Hearts donated by grieving rela- about a gift of the heart to another is an act of purpose. As one driver stated, after a partic- E Bharatiya Janata Party (BJP) has nationally the heart of a young man who had just been tives, harvested in one place and taken to spirituality that every priest, of every reli- ularly tense drive, carrying a heart from one been more guarded about the issue. The BJP govern- declared brain dead and whose family, after a another to bring relief to an anxious family. gion, must talk endlessly about. The counsel- hospital to another in the same city, was for ment in Haryana announced that it is instituting a law brief period of counselling, in a supreme act A heart carried from one hospital to another, lor’s job is perhaps the hardest in the world. him the drive of his life. Also, of another life. that provides for a 10-year prison sentence for those of humanity, gifted it to another human be- in Chennai during peak time, in 21 minutes Yet, some people opt for it because of a For him, the anxiety of not succeeding, of caught slaughtering cattle. In doing so, it has taken its ing. For someone to perform such an act of on a route that normally took more than an commitment to humanity. The families of letting down the patient waiting for the humanity, at a time when they are struggling hour, ending in a successful transplant. A the deceased, in their act of giving, display a heart, of dealing with the uncertainty of driv- cue from its counterpart in Maharashtra which extend- with the pain of loss, is an act of transcend- heart being airlifted from Bengaluru to quality of sprit that can both humble and ing at speeds in excess of a hundred, on an ed the ban on cow slaughter to all cattle, even as two ence that only the gods can understand. And Chennai in record time to save the life of a elevate us. Many vipassana camps may not Indian road, where a dog or a cow or a child other BJP-ruled States, Jharkhand and Rajasthan, are perhaps even they cannot. woman whose own heart was fading. From be enough to comprehend the enormity of may suddenly cross the road, despite the considering similar legislation. Reports also suggest Of collective will the Internet, one read of many cases, within the gesture. best efforts of the police, was an anxiety that that in West Bengal — a State that permits cow slaugh- a city, and in some instances across two The system’s response had to be endured. Many people across some V. Raju’s photograph, alongside an article States, as families, counsellors, hospitals, Indian cities have risen to the challenge and ter with a “fit for slaughter” certificate — the BJP State by P. Samuel Jonathan titled “Brain dead doctors, ambulance staff, airport author- The second aspect is the hospital author- delivered a healthy heart from one hospital unit is seeking to deploy vigilante groups to prevent the man gives life to 8 people” (The Hindu, ities, aircraft crew, city authorities, police ities and the relevant government body to another. ferrying of cows to Bangladesh for slaughter. This ac- March 7), clearly moved me. It seemed to The fifth aspect relates to the doctors and tivist zeal by the BJP in the States contrasts with the touch something deep within and I felt the nurses at both ends, those who remove the party’s national position. While Prime Minister Na- need to comprehend not just the tears but For someone to perform such an act of humanity, at a time heart from the cadaver and those who pre- rendra Modi had attacked the “pink revolution” — the the whole episode since it contained more “ pare the receiving patient for the transplant. than just a personal emotion. Was it the when they are struggling with the pain of loss, is an act of They have to believe that it will be delivered, export of cattle meat — during last year’s general elec- sense of humility that the story produced in transcendence. that the system will work and that they must tion, his government has not changed its meat export me when I reflected on the gesture of a sister ” play their part in the long chain of success. policy since then. That policy prohibits the export of donating the heart of her loving brother to a The receiving team has to check all param- the meat of cows, bulls, calves, any milching bovine or complete stranger? Was it some deeper un- and the commuting public, cooperated to tasked to ensure that the organ donation and eters and keep the patient operated and calves less than four months old. Only the meat of derstanding of the meaning of life that she make the heart transplant a success. The transplant are legal. The emergence of a sys- ready. For all of them this is not business as non-milching buffaloes, along with that of goats, is had, or perhaps some spiritual feeling of hu- green corridor worked. And just as I was tem which ensures that the donation is with- usual but a commitment to the Hippocratic man oneness, that produced such a selfless preparing to formulate a thesis about the out coercion or inducement, which oath of saving a life. The numbers of such allowed to be exported. act? Was there no anger at life’s irony that superior civic virtues of the emerging new coordinates with the various hospitals in- doctors are growing. Even though most States, except Kerala and parts of another can live because one’s loved one has public in the South of India, of the South’s volved in the transplant, which maintains a Expression of fraternity the northeast, have laws of varying degree banning cow died? Or envy or even self-pity? Where did expressive humanism — since the numbers database of needy patients so that various slaughter, it is a sensitive subject. Beef and buffalo these emotions go? Did the sister see, in the were coming mainly from Bengaluru, Chen- persons can benefit from the donation of The final element is the public waiting for meat are sources of cheap protein not just among gift, her brother living on? While that seems nai, and Hyderabad — I read in early March multiple organs, which communicates the the ambulance to pass. Patiently. Respect- a credible explanation, the gesture in fact of a similar green corridor which was suc- possibility of such a donation to the receiv- fully. Such publics have emerged across sections of the minorities, but also for poor Hindus. says much more. Saving the life of another cessful in transporting a heart from Gurgaon ing hospitals, which does this in a short time many cities in India. Spontaneous publics The BJP has also not forgotten a speech made in the also appeared to count. I wondered if I was to Delhi. It was clear that the time had come frame, since time is of the essence, in other moved by a higher purpose than just self- Lok Sabha by the late G.G. Swell, an MP from Megha- humbled by the spectacle of the “collective to look at the many elements of this new words a system that removes all the con- interest. It is the first light, I hope, of a new laya, in 1996 during the party’s 13-day tenure in govern- will” in action as people stepped out of the humanism. straints for the transplant to be successful, is India. What seems so natural in the picture, ment. On that occasion, Swell spoke about the path of the ambulance, and waited on the The first is the counsellors at the hospital a system that we must salute. of people lining up at the side of the road to intolerance of the BJP and its inability to accept that in side of the road so that it would not be who assist the grieving relatives to bear their The third element is the police and the city let the ambulance pass, is actually quite ex- delayed even for a second. The marigold pet- loss and also to think about allowing the authorities. It is easy, as is often the case traordinary. In the picture we see hundreds parts of India, including large swathes in the northeast, als being showered on a heart that was not cadaver to be harvested for its organs so that with government authorities, to negatively of people suspending their self-interest, and beef is a cultural, culinary preference. More recently, in beating, but that contained the gift of life, another can live. This requires not just cour- respond to a request by enumerating the instead of rushing home to do their personal Kerala, leaders belonging to the Congress and the Com- had something metaphysical about it. I age, but also deep empathy, to approach a many obstacles that lie in its way. These may work as they would on a normal day, willing- munist Party of India (Marxist) have described the needed to pursue these thoughts a little family in the middle of its sorrow and to ask relate to rules, or to delivery logistics, or to ly waiting by the side of the road for a heart efforts by BJP-ruled States as a “sign of increasing to pass. Can we read in this behaviour their subscription to an idea of the public interest encroachment of personal liberty and democratic free- and the common good? dom”. While Central ministers have ruled out a Central CARTOONSCAPE Let us now look at all these elements to- law as livestock is a State subject, even hardline Hin- gether. There are no caste, community, or dutva-oriented BJP MPs like Yogi Adityanath say that gender biases here. None of India’s preju- it is important to let the government focus on devel- dices can be seen in this act of giving life to opment for some more time. The national executive of total strangers. What we see instead is the other as part of the self. How different from the BJP has remained silent on the issue since its the politics of today where the other is re- government came to power. Clearly, the party will garded as a hostile other, to be hated and calibrate its position on the issue in the long run, not excluded from our public life. Will this ex- letting it distract attention from its reforms agenda. pression of fraternity become a movement and replace the politics of hate that is today being sown? I remember reading, several years ago, of an elderly upper caste gentle- man in Bengaluru who had been hit by a car Mr. Modi’s when on his evening walk, who wept when he had been told that the person — who had travelled many miles on his scooter at night, ocean view after the hospital had called the latter and asked him to donate his blood belonging to a rare group — was a gentleman who belonged rime Minister Narendra Modi has used his to a community that he had maligned all his visits to Seychelles and Mauritius — besides Sri life. The old man wept for a wasted life. He Lanka — to enunciate a proactive vision of wept for his smallness of spirit. My thought P India’s interests and responsibilities in this train, which had started when I saw the pic- sensitive region. It is indeed the clearest expression yet ture of people waiting for the ambulance to pass, now continued. Why is it, I wondered, by an Indian leader of what the Indian Ocean and the that we can receive blood and a heart from region around it mean for Delhi. “We seek a future for another, without worrying about caste, Indian Ocean that lives up to the name of SAGAR — creed or gender, but we cannot wear anoth- Security and Growth for All in the Region,” Mr. Modi er’s skull cap? said, launching the offshore patrol vessel MCGS Barra- (Peter Ronald deSouza is Professor at the cuda in Mauritius on March 12. “Our goal is to seek a Centre for the Study of Developing Societies, Delhi. The views expressed are personal.) climate of trust and transparency; respect for interna- tional maritime rules and norms by all countries; sensi- Letters emailed to [email protected] must carry the full tivity to each other’s interests; peaceful resolution of LETTERS TO THE EDITOR postal address and the full name or the name with initials. maritime security issues; and increase in maritime cooperation.” In a sense, India has now stepped out of cannot a secular state that meat may change his diet but not state. Unfortunately, this well- those departments. This the closet to engage with the wider Indian Ocean region, The Sri Lanka visit guarantees religious freedom for the habit. Hence, to reduce meat intentioned commitment of lopsidedness must have crept in as stressing that its security interests are critical. After all, It is odd that there is a studied all ensure that citizens are allowed consumption of any kind, there has ensuring social justice through a way to buy peace in the face of a the perpetrators of one of the worst terror attacks in the silence on the part of Prime their own choice of food? to be a restriction on food habits. equalisation or protective politicisation of the bar. It is time country’s history, Mumbai 2008, came by sea. Minister Narendra Modi on the P. Haridas, Meat and meat products should discrimination policies does not the trend is corrected so that there By inviting Seychelles and Mauritius to join the exist- demand by the Tamils to Chennai not form a part of the menu for seem to have ensured the desired is a well-balanced growth of ing maritime security cooperation arrangement among investigate the alleged crimes children below the age of five. They results, which is causing tensions. judicial wisdom by tapping the best against humanity that Sri Lanka While stopping animal slaughter in must become vegetarian, The government should ensure a candidates in all categories. India, the Maldives and Sri Lanka, the Prime Minister committed in the final stages of the general is good, the focus on gradually. proper and balanced K. Rajendran, signalled that Delhi was ready to play a pre-eminent war of 2009. Though India may not banning cow slaughter is flawed. J.J. Vellara, implementation of these policies to Chennai role in the region. Mr. Modi has batted for the creation support any credible international First; the government of the day Kozhikode make social justice an effective tool of a strong regional grouping around the Indian Ocean. investigation, there is no bar on it does not seem to have a plan of Nuclear liability in achieving social progress and The agitation is not at all against However, India’s record in building multilateral in- asking the Sirisena government to providing alternative job equality. the forward communities. The stitutions has been poor — the Indian Ocean Rim Asso- conduct a just and impartial probe opportunities for those involved in The article, “Looking beyond C.R. Ananthanarayanan, agitators claim that certain into allegations of horrific crimes this practice — slaughtering, meat nuclear liability” (March 16), was Bengaluru communities are more than well ciation is a case in point. Good and stated intentions by especially against children, women marketing, etc. Second, Indian an eye-opener. When it comes to represented and that it is time themselves are not enough to convince partners that and non-combatants. Any process agriculture has limited goods, customers are given a It is rightly said that a section of the lawyers from other communities, India is willing to bear the burden of their security and that aims to bring about a just and involvement of animals in different guarantee even for a TV set, bar either feigns ignorance of these who are equally competent and economic expectations. Mr. Modi’s diplomatic calendar equitable solution to the agricultural activities. I hail from grinder, fridge and in case of a facts or suffers from selective honest, find a just place in the has been full and he is still very much within the grace democratic aspirations of Tamils an agricultural background and I defect, spare parts are used free of amnesia. Not only that, it is a caste higher judiciary. Their demand is will be meaningless unless there is remember a time when we had a cost or a new product is delivered. obsession and a similar mentality for inclusion and not exclusion. In period normally allowed to a government to match a fair investigation. few bulls we used for agricultural Here, we are dealing with the lives to view everything through the the list of nine names forwarded by vision with reality. But India’s diplomatic and security K. Sivaraman, operations. We no longer have of people, many of whom are caste prism which is dangerous. the Madras High Court for establishments, unused to working together, must be Gummidipoondi, Tamil Nadu them as we have switched to impoverished and have a limited The demand for reservation for a appointment as High Court enabled to work in tandem if Delhi is to make a lasting Cattle slaughter mechanised farming. Third, the means of survival. Also, the scars of particular community may be Judges, a Muslim, a Christian and a impact in the Indian Ocean region and beyond. Given current generation does not have a Bhopal are still fresh. That being justifiable but the demand to avoid woman and other weaker sections that the Indian Ocean channels carry two-thirds of the The BJP and right-wing outfits place for animals. A decade ago, the position, when the nuclear some communities is both of society have not found a place. have again raked up the issue of feeding animals in an elaborate agreement was first drafted, the unjustifiable and unconstitutional. The demand is to start with them world’s oil shipments, a third of the bulk cargo and half cattle slaughter as they do not seem manner was done as a ritual. very first clause should have been The article ensures that the public first. Nobody can oppose such a of all container traffic, the region’s strategic signif- to have a positive agenda to pursue Today, no one bothers about this. It that on liability. cannot be misled anymore. claim. If the forward communities icance is unquestionable. And India’s commitment to (“BJP for law against cattle is sad to see cows being uncared for T. Anand Raj, P.K. Raman, have not found a place as yet in the “shape its future” can only be welcomed. Without re- slaughter in all States,” March 16). and left to forage on garbage and Chennai Tiruchi selection of district judges, it ferring to China and the United States, the Prime Minis- Beef remains a preferred food item ingesting plastic waste. No one cannot be dubbed as a casteist of Dalits, tribals, some minorities, seems to care. Judicial appointments Is this the way the judiciary move. Many from the forward ter said India had to recognise that there were “other the OBCs as well as the younger Rajnish Singh, One must thank Justice K. conducts business by denying communities are now seeking nations around the world” with a strong interest and generation. Cattle-rearing farmers Haridwar, Uttarakhand Chandru for clearing the air over justice to a section? It is greener pastures. If you look at the stakes in the region. A higher profile for India in the resort to selling cattle to slaughter the agitation in Tamil Nadu for understood that in other statistics of the number of forward region is not necessarily a zero-sum game given the houses to raise money for their Implementing restrictions on greater representation in the departments there is a system of communities who have applied, challenges it faces. For example, climate change is an exigencies. If the ‘sale-to- consuming meats of any kind is subordinate judiciary (“Judges, having a roster to control the you will notice that it is decreasing issue Mr. Modi flagged both in Mauritius and Sey- slaughter-house’ option is banned, meaningless unless there is a total castes and social justice,” March legitimate allotment of the posts to by the day. They are going in for farmers will slowly give up rearing ban on slaughter. This is akin to 16). Our Constitution is unique in be filled up by the different groups. more remunerative and chelles. A more confident India must play its role in the cattle and the heroes of cattle banning liquor consumption content and spirit in securing In many cases, the judiciary had challenging jobs. region — defending its interests but acting in cooper- protection will end up endangering without stopping production. A social justice for our vast sections intervened in the past if anything N.G.R. Prasad, ation with others. their numbers in the long run. Why person who is used to consuming and making India a social welfare went astray in the procedures in Chennai CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU WEDNESDAY, MARCH 18, 2015 Shaking up our village culture Suryakant Waghmore imised in an uprooted context of anonymity. If successfully passed, an unintended consequence Modernity and its key economic constitu- s Anna Hazare, the new age Gandhi of the Land Ordinance Bill could also mean the ents of urbanisation and industrialisation consolidates his flock to protest bring with them some basic norms of civility. against the government’s anti- end of some of our long-celebrated village morals, No landlord in a city or small town can insist Afarmer land ordinance, one is re- on tenants defecating in the open. You can- WEDNESDAY, MARCH 18, 2015 minded of the original Mahatma and his love which Ambedkar rightly considered as just plain not ask the caste of a person serving you for village life and polity. While Anna’s pro- chicken nuggets at a fast-food outlet, or in- test may be more about the right to private narrow-mindedness sist on knowing the caste of your fellow com- property of the farmers, Gandhi had a moral muter in a cramped local train. ‘Conspiracy’ as vision that was larger and beyond just the B.R. Ambedkar strongly disagreed with cally linked to a control of land and agricul- The illiberal aspects of rural society are risk of farmers losing their land. Gandhi saw Gandhi’s celebration of village life and mor- ture. Land in present times has turned out to changing slowly due to market pressures. village life as the ideal form of intimate sacri- als. He considered the idea of a village repub- be a major economic resource — it gives Despite subsidies and the absence of taxa- an easy way out fice and high culture, where an anarchy lic as one based on undemocratic values. He access to institutional credit, subsidies on tion, the social power of farmers is rendered based on self-sacrificing morals would sus- said, “What is a village — a sink of localism, a fertilizers, power, farm equipment and al- mildly vulnerable by a budding competitive here is something seriously problematic tain itself far from the mess of modern in- den of ignorance, narrow mindedness and most institutionalised, decadal loan waivers. market and non-farm possibilities in rural about the state of affairs in the Trinamool dustrial life and interest-driven politics. Can communalism”. How relevant are Ambed- Some numerically powerful landowning India. Increasing urbanisation, migration, the present debate around the Land Ordi- kar’s observations today? As relevant as they castes also enrol themselves as Below Pover- and non-farm employment have added some Congress (TMC)-run West Bengal. Three nance Bill and the sharp criticism from those were in the late 1940s. Even now, close to 67 ty Line (BPL) families. Land, thus, is a key degree of mobility and freedom to the land- T days following the gang rape of an elderly nun opposing it help us revisit the relevance of per cent of India’s population live in villages. form of private property that yields persist- less in general and to rural Dalits in partic- belonging to the Convent of Jesus and Mary school in modernity to Indian villages? In 2000, about two-thirds of rural Dalits ent rent, which is not necessarily based on its ular. Landless labourers need not search for were landless or near-landless and close to actual merit and which is, of course, not work that provides respect and value in the Ranaghat in Nadia district, by dacoits, arrests of the Land, power in village life culprits are yet to be made. Rather than acknowledging half depended on farm labour for their live- taxed. Above all, land signifies power — how lands of dominant landowning castes alone. the seriousness of the problem of crimes against wom- During a lecture on modernisation theo- lihood — including in Left-ruled States. much dowry one gets in villages mostly de- Increasing urbanisation, labour mobility ries of development and the importance of Much of the minimalistic land reforms in pends on the extent of land the groom’s and monetisation of rural economy have had en in the State, the State government has yet again Adam Smith, I shared with my class the his- significant poverty-reducing impacts on Da- sought to politicise the issue, initially insinuating “reli- tory of progress in the United States and how lits. The prescription of classical economics gious fanaticism” to be responsible for the crime. Later, from only 15 per cent of families having flush … land acquisition by the state for hyper-industrialisation to decongest (landless) labour from agricul- the Chief Minister blamed the Opposition — the Com- toilets in the 1900s, almost 99 per cent had may“ not seem unreasonable. ture and farm dependency still remains of munist Party of India (Marxist) and the Bharatiya them by the 1970s. A student from a semi- utmost relevance. Even now, close to 80 per urban background was not convinced. He ” cent of Dalits live in rural areas providing Janata Party — for what turned out to be spontaneous asked me why rich landlords in Uttar Pra- cheap labour, with limited productivity, to protests against the incident in Ranaghat. This is not to desh don’t have toilets in their homes de- many States of India ended up providing family controls. The cultural value attached farms and farmers. suggest that the robbery and rape incident in Ranaghat spite having money. Was the U.S. experience land to the tiller and not to the labourer, to lands and its patrilineal ownership has could not have been a “hate crime”, a number of which relevant in our context? which meant that the Sudra castes became turned daughters into bad debts. Past and present policies What the student was suggesting was that powerful, landowning castes in rural India. The present government is enlarging the have been reported in other parts of the country re- Non-farm economy and rural milieu cently. But for the government to jump the gun even I find a different logic of economic progress The dependence on landowning castes for scope of the previous government’s econom- for Indian villages. In caste-ruled villages, survival makes the Dalit assertion for free- Land makes certain castes ‘kingly’ in rural ic policies by aggressively pushing for indus- before apprehending any of the culprits just to score the management of faeces is generally gov- dom and dignity difficult. Violence against communities. The control of such castes on trial modernisation. There was, however, political brownie points is unacceptable. erned by gendered rules of touch, purity and Dalits that includes cutting off their noses or local politics aggravates masculine hubris. something peculiar about the Congress/ West Bengal, according to latest statistics released pollution. Faeces is, therefore, kept away hands for transgressing caste norms is, Land and agriculture, thus, partially con- United Progressive Alliance’s politics of dis- by the National Crime Records Bureau, ranked third in from the home or removed by a manual scav- therefore, nothing unusual. Ambedkar’s cau- struct the localised cultural peace in rural placement and land acquisition — when absolute numbers of crimes against women and among enger. Labour, caste and purity are thus tioning against rural morality, however, is India. dominant castes lost their lands for public the high-ranking States in incidences of rape in 2013. bound coherently and peacefully in village not merely relevant for Dalits. City life is not free of caste prejudices and private purposes, they were generally culture, unlinked to economics. Our village culture and values are intrinsi- either but the vulgarity of its form is min- paid exorbitant compensation whereas the However the State cannot be singled out. The issue of colossal loss of tribal lands with minimal rape and other crimes against women is a national one compensation was treated like willing sacri- and protests against the Delhi rape incident in 2012 fice for national development. The present have steadily turned the gaze on law enforcement agen- CARTOONSCAPE government, on the other hand, has rightly cies to effect better responses to these crimes. What thrown the economics of swadeshi back into the closet. The BJP is working out a delicate sets the TMC government — and Ms Banerjee in partic- balance between free markets, capitalism ular — apart is its refusal to subject these issues to and Hindutva, with the last limited to the serious scrutiny and escape into conspiracy theories. cultural-political sphere. In this new on- Ms Banerjee’s response to the incident in 2012 in Park slaught of the market, Anna Hazare and his Street, Kolkata involving the gang rape of Suzette Jor- supporters would do well to help the rural dan — who succumbed to encephalitis recently — was dominant classes get the best possible price for their land. If successfully passed, an un- to term it a “made up incident” against her govern- intended consequence of the Land Ordi- ment. Her party colleagues dismissed the rape allega- nance Bill could also mean the end of some of tion and also cast aspersions on Ms Jordan’s character. our long-celebrated village morals, which The police official in charge of the investigation of the Ambedkar rightly considered as just plain incident was transferred after affirming that it was narrow-mindedness. It was the freedom of Dalits and women that was put at permanent indeed gang rape. Meanwhile the main accused in the risk by the bigotry of the village polity and rape case is yet to be apprehended by the Kolkata police economy. nearly three years since the incident. While crimes For Dalits and other landless groups, against women are indeed a societal issue, there is therefore, limiting their economic and cul- much that the State could do apart from prevention. tural life to village morals and farm bounda- The State police should not be encumbered by political ries offers little space for livelihood negotiation. To them, land acquisition by the pressures as it sets out to bring culprits to book. The state for hyper-industrialisation may not Chief Minister’s continued reliance on conspiracy the- seem unreasonable. The NDA’s new econo- ories lends to unnecessary politicisation which leads to mism and hyper-industrialisation may well a dangerous drift even as it renders law enforcement generate a new wave of liberal values that agencies ineffective. positively unsettle our village economy and culture. (Suryakant Waghmore is Associate Professor at Tata Institute of Social Sciences, Mumbai. The views expressed are Battling personal.)

Letters emailed to [email protected] must carry the full tribunals LETTERS TO THE EDITOR postal address and the full name or the name with initials.

Division Bench of the Madras High Court will continue illegally. Therefore, right place” (March 17), made me adopting extreme positions. One Centre,” March 17). In this day and struck down key provisions relating to the Land Bill protest the government should find ways to feel that I am connected to a extreme reinforces the other and age, it passes one’s understanding Intellectual Property Appellate Board (IPAB) The Congress leadership must not utilise such animals. There is a humanity which is unfortunately the vicious cycle continues. In the why a police functionary should be A established under the Trade Marks Act, 1999, fritter away its energy and great demand for cattle products, getting divided in the name of article, for example, accusing ostensibly collecting information resources in cornering the Modi especially desi breeds, because of religion, race, caste, community Gandhiji of mobilising the masses manually about a high security VIP, as unconstitutional. This is yet another interlude in the government on the alleged the growing popularity of Ayurveda and hierarchy. The writer’s vivid by using Hindu religious symbols is on a pro forma devised almost 60 tussle between judiciary and the legislature on the snooping on Rahul Gandhi and organic farming. recounting of the positive qualities a case of Left liberal extremism. years ago. I am reminded of a story, “tribunalisation” of courts. There has been much con- (“Congress takes fight over Land A. Gajanana, of people in the backdrop of a life Wasn’t it a fact that his prayer probably apocryphal, about a cern over the validity, character and competence of Bill to the streets,” March 17). That Bengaluru and death situation was rivetting. It meetings were attended by general who went on an inspection several of the tribunals in India. The Supreme Court it is now directing its protest is my strong belief that in India, all members of all communities? The tour of forward positions where he has, in a range of decisions, articulated the principles against the controversial Land Bill The ban is welcome as it will go a of us can coexist peacefully Khilafat movement was his brain was given a demonstration of a is a move that will not only long way in protecting our forests irrespective of religious, linguistic, child, where he, along with the Ali newly acquired field gun. The that a tribunal has to abide by in order to be constitu- galvanise its demoralised cadres and wildlife. People who live in and cultural and political differences brothers, mobilised both Muslims exercise went off faultlessly but the tionally valid. A Vidhi Centre for Legal Policy report but also help it build a more united around forests rear cattle in large provided the political class does not and Hindus. Hindu-Muslim unity general was puzzled to see a soldier (2014) has identified about 29 different tribunals set up opposition front to take on the BJP. numbers which they then sell to treat these differences as divisive was at its peak during the Khilafat standing beside the gun throughout under various Central legislations, and finds several of It is ironical that a leader projected slaughter houses. Till the cattle factors. satyagrahas. the exercise doing absolutely them to be inconsistent with the parameters laid down as the party’s face should be reach the stage of being sold to Albert P’Rayan, M.S.G. Subramaniam, nothing. missing such important events and slaughter houses, there is an Chennai Chennai He turned to the field by the Supreme Court. The Court in Chandra Kumar especially one that affects the intermediate income from selling commander seeking an (1997) and NCLT (2010) suggested that the tribunals livelihood of millions. His presence dung. A visitor to the The last line was a bit jarring in an In 1949, at the age of eight, when explanation, who in turn turned to which were replacing the jurisdiction of the Courts would have at least spared the party Sathyamangalam tiger reserve or otherwise brilliantly presented my schoolteacher asked us whether his deputy and so on down the line should enjoy the same constitutional protections as from the scorn it now faces over his the Mudumalai sanctuary, both in article. It also set me thinking, in a Godse would be remembered for till it was left to a lowly sepoy to them. This meant that when the jurisdiction is being whereabouts. The party needs to Tamil Nadu, will understand this related way, about the many deaths ever, I naively answered in the explain the reason: In the old days, transferred from a court to a tribunal, the members of get in touch with its vote base again. economic activity. The number of we face due to road accidents. negative. He corrected me saying, when field cannons used to be S.K. Choudhury, cattle reared for agricultural Indiscipline on roads appears to be “Even if you despise him, he will be hauled to the battle front by horses, this tribunal should hold a rank, status and capacity Bengaluru activities such as ploughing or even growing and road rules need to be in history books for ever as he a man was stationed near the which is as close to those of the judges in a court as for milk production is minuscule. inculcated in the minds of children. assassinated Gandhiji.” But my cannon, holding the reins of the possible. The recent Supreme Court judgment which It is time the government comes In these areas, one can come across Even at this ripe age, I can happily teacher, the good soul, failed horse to ensure it does not run struck down the National Tax Tribunals (NTT) also out with details of the Land Bill and mounds of dung and cattle being recollect a documentary on road miserably to predict that there away because of the loud noise of clearly spelt out the parameters to test the constitu- enlighten us as the Opposition transported in lorries to slaughter discipline that was screened for us would, even after over 50 years, be the cannon. The cannon and the tionality of tribunals. Yet, little effort has been made by seems to be playing political games houses. The practice is prevalent in in school. busts and statues of Godse across horse had passed into history but in Parliament as well as in election- and around almost all forest areas. A. Ravi, the length and breadth of India and the man remained. the legislature in making the law consistent with these bound States like Bihar. Just Cattle grazing is one of the main Chennai history would be written afresh on Our law makers in general and constitutional principles. Instead, as the honourable because it has an upper hand in the reasons for the degradation of our his role. the government in particular will judges have noted, the government continues to be Rajya Sabha, the Congress cannot forests. The ban will render cattle The article was a breath of fresh air Mahalingam Yaaman, do well to use this so-called “furtive” and “reticent” about these precedents while be irresponsible, look at short-term rearing unviable, in turn easing the from the normal, mind-sapping Tuticorin “snooping” episode to get rid of the tribunals usurp judicial powers. political gains, and then block a bill pressure on forests. news of violence and hatred that useless, infructuous proformae and intended for national growth. It is K.P.M. Perrumahl, are fed to us every day through our Nun rape case “returns” and focus on governance. At stake are core principles of an independent judi- the duty of the media to bring out Coimbatore dailies. We seem to exhibit The alleged rape of the K. Balakesari, ciary and separation of powers, a part of the basic the truth. One has hardly ever seen extremes: selfless acts of kindness septuagenarian nun in West Bengal Chennai structure of the Constitution. The crux of the present the Opposition engaged in The ban on cattle slaughter is a and concern which can give rise to is no doubt condemnable case is with regard to the qualification and selection of constructive debate. Rather, sensitive subject (Editorial, March hope in humanity, and also extreme (“Mamata heckled, convoy The practice of maintaining Chairman, Judicial Member and Technical Member of creating problems in Parliament 17). While most BJP MPs and acts of cruelty and brutality that blocked,” March 17). It appears that records, on a VVIP’s complexion, the IPAB. For instance, Section 85(3)(a) of the Trade seems to be its agenda. Ministers have ruled out a Central bring out the beast in us. As the the Chief Minister of West Bengal hair, shoe size, distinguishing V.S. Ganeshan, law banning cattle slaughter, right- writer says, “some things are wants to escape public wrath by marks, etc, is decades old. From Marks Act allows members of the Indian Legal Service Bengaluru wing elements make much ado understood only by the gods. And introducing a political angle. How former Prime Ministers and holding a post of Grade 1 for at least three years, for about this as they have been doing perhaps even they cannot.” can the government shun Ministers to the serving Prime appointment as a Judicial Member of the IPAB. The Cattle slaughter in the other resolutions of the Nithish T. Jacob, responsibility? Attributing motives Minister and other notables, the High Court declared this unconstitutional, suggesting It is not enough if the government ruling party. Though the law might Aluva, Kerala to atrocities on the minority police have everyone’s profiles. The that an officer working with the Executive cannot act in merely bans cattle slaughter (“BJP be relevant, the implementation communities without an iota of Congress, which wanted to haul the for law against cattle slaughter in cannot be sudden since many Nation state proof has become habitual for the Modi government over the coals, a judicial capacity. It also, inter alia, held that the all States,” March 16). Due to people belonging to different social It’s not just the current regime, but so-called secular parties. has been deflated by the cold fact recommendations of the Chief Justice of India for the advances in agricultural and cattle status and various creeds depend any regime that comes to power M.S.V. Ganga Raju, the approximately 526 VVIPs have post of Chairman had to be given due consideration by breeding technologies, farmers find more on beef and meat; it’s a source that tries to rewrite history to suit Berhampur, Odisha been profiled by the police in the the Appointments Committee of the Cabinet (ACC), it uneconomical to retain animals of inexpensive protein. Hence, the its own ideological position national capital. Rather than take which until now considered this as a mere suggestion that are redundant and change would be only gradual. (“Rewriting the nation state,” Snooping row up inconsequential issues like ultimately requiring its own approval. Tribunals are unproductive. Therefore, they are Meenakshi Pattabiraman, March 17). This is why while Government departments and snooping, the Congress should being sold to butchers. If the ban is Madurai reading history, we need to keep in bureaucracies are notorious for focus on the task of rebuilding the designed for speedy disposal of specialised disputes. to be successful, this problem of mind whose version it is. Both Left continuing to do something just party. But a tribunal which is biased, incompetent and unfair, farmers should be mitigated. ‘Green’ heart corridor liberals and right conservatives because it was always being done J.S. Acharya, cause more harm than serve such intended purposes. Otherwise, the slaughter of animals The article, “India’s heart is in the need to share the blame for (“No spying, it’s security audit: Hyderabad

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU THURSDAY, MARCH 19, 2015 Crafting a constitution for Nepal Kanak Mani Dixit maining in the life of the second CA (also In Nepal, there are hurdles to the constitution serving as Parliament). Meanwhile, the Su- epal is trying to write a constitu- drafting that have to be resolved urgently if the preme Court has just confirmed that grave tion for the second time, after the human rights abuse of the conflict era must first Constituent Assembly (CA) radical leftists and the royalist right are not to undergo criminal procedure, striking at the of four years collapsed in May heart of the political aspirations of Mr. Dahal THURSDAY, MARCH 19, 2015 N 2012. The entire polity and economy of the blow away hard-won freedoms. As a player in and Mr. Bhattarai. Under the circumstances, country have suffered a state of suspension without a plan at hand, the Maoist leaders since 2006, when the People’s Movement Nepal politics, the best support India can provide would like to foment political chaos hoping and the end of the decade-long internal con- that something, somewhere will collapse to Determining flict promised peace and prosperity. is by staying outside the convention of their advantage. For a land richly endowed by nature, Ne- constitution writing Others who lost badly in the 2013 elections pal’s lot has been poverty and marginalisa- were the stalwarts of the Madhesi Morcha, backwardness tion since the unification two-and-half when the Terai (the plains) voters opted for centuries ago down to the present, through marginalised communities. The effort is on the two-thirds majority required for promul- the NC, the UML and the Hindutva-oriented ometimes political mobilisation and not socio- oligarchy, monarchy, and obstinately unsta- to find the acceptable proportional-to-direct gation. However, they have not been able to Rastriya Prajatantra Party (Nepali) party of educational backwardness decides the distri- ble democracy. The ongoing attempt is to elections ratio, and a compromise will prob- generate momentum for constitution draft- Kamal Thapa. And yet, the Madhesi Mor- erect the newborn republic on a strong foun- ably be reached between half-half and 70:30. ing, laid low by the lacklustre performance of cha’s line against Kathmandu’s “pahadiya” bution of the benefits of reservation for specific dation of pluralism and representative poli- It is the demarcation of federal provinces their coalition government. More important- (hill-dweller) elites resonates among the S communities in education and jobs. While tics, and make Nepal an exemplary that has the hackles up on all sides, and it is ly, the two parties have not been able to restless Madhesi youth, giving it traction. striking down the inclusion of Jats in the Central list of democracy of South Asia, which its size and here that communal passions could flare up, effectively counter the position of the While the sense of alienation provides a Other Backward Classes (OBC), the Supreme Court sensibility allow. particularly on the hill-and-plain dimension. Maoist-Madhesi Morcha, which is that the level of unity against Kathmandu, however, voiced its opposition to the State’s tendency to go by But these are precarious days. There are The resulting polarisation would set the November 2013 election results (“mataad- the plains are not as homogeneous as the the “perception of the self-proclaimed socially back- hurdles to the constitution drafting that have country back by another decade, and impact hesh”) do not reflect the people’s will (“ja- Morcha leaders (mostly from the east-cen- to be resolved urgently if the radical leftists variously the neighbouring States of India as naadhesh”), an argument that is tral belt of the Terai) would like to suggest. ward class” in deciding the beneficiaries of reservation and the royalist (Hindutva) right are not to well. anti-political as much as it is anti-people. Beyond the division by language (Awadhi, quotas. The Jats spread across nine States are rela- rear up and blow away hard-won freedoms. Truth be told, the roadblock to constitu- Maithili, Bhojpuri, etc), there are many per- tively more prosperous than many other communities India has been a player on the complex Nepal Demarcation debate tion writing is not on the matter of principle, mutations of identity among the citizens of in northern India but they used their numerical superi- chessboard, recently leaning towards micro- Nepal was officially declared a federal but the political careers of a dozen or so plains origin, with cross-cutting layers in- ority to influence and pressure the government into management of internal affairs, and the best democratic republic in 2008, but the debate senior opposition leaders. In the case of both cluding the Madhesi (incorporating the Da- support it can provide is staying outside the on federalism has yet to mature to the level of Maoist Chairman Pushpa Kamal Dahal (‘Pra- lits from the plains as the most marginalised including them in the OBC quota. The state should not laxman rekha of constitution writing. allowing demarcation. There is a bewildering chanda’) and senior leader Baburam Bhatta- nationally), Muslim, Tharu and other plains be influenced by political considerations and it must web of positions and demands that the CA rai, their instigation of the ‘people’s war’, the ethnicities, as well as a significant number of exercise great care in identifying emerging forms of Passionate discourse pahadiyas. backwardness. Past mistakes or “wrong inclusions” in There are three main pending issues be- The demography of the plains is thus rath- the reservation list, according to the judgment, could fore the second CA, more or less the same It is vital to satisfy the Madhesi and ethnic activists that the er intricate, and it would be unwise to con- not be the basis for further additions. However, the ones that brought down the earlier one — “ cede on any proposed federal arrangement secularism, electoral process and definition deferral of decision on federalism does not at all mean out of sheer exasperation, whether identity- court was careful not to dismiss any change to the list of of federalism. On secularism, there is a rising abandoning it. based or on economic geography. We need a OBCs. On the contrary, Justice Ranjan Gogoi who undercurrent to redefine Nepal as a Hindu ” way to hold off on a decision, to allow a more wrote the judgment directed the government to recog- state, and a whole phalanx has taken energy considered approach in which the protago- nise emerging socially and educationally backward from the Bharatiya Janata Party’s electoral nists do not talk past each other. Simultane- groups such as transgenders, who are among the most success in India. However, such a definition has failed to address; some have not even stonewalling on accountability for war ously, it is vital to satisfy the Madhesi and distressed, for the grant of reservation benefits. The would be incompatible with the range and made it to the table. crimes, as well as the economic devastation ethnic activists that the deferral of decision layers of Hindu belief and practice in Nepal, At its core, the argument is between those wrought by their party’s actions make them on federalism does not at all mean abandon- judgment is thus important not only for its articulation plus the fact that 20 per cent of the pop- who believe (as does this writer) that pro- fearful of the future. ing it. of the rationale for identifying the groups that need to ulation is non-Hindu. vincial division should follow the logic of be kept out of the reservation system — politically The term “secularism”, on the other hand, economic geography, to bring prosperity to Seeking collapse The India hand dominant and economically prosperous caste groups — is imported from the Indian Constitution (as all communities in a country of mixed hab- Mr. Dahal is pursued by several personal By some believable accounts, the plains- but also for its support for the inclusion of heavily amended) and, translated as “dharma nir- itation, and especially those of the plains demons — the possibility of investigation in- specific province(s) idea was thought up by pekchhata”, carries an exclusionary denota- where there is a disproportionate volume to alleged loot of the exchequer, internation- Indian diplomats and intelligence oper- disadvantaged groups such as transgenders, who can- tion that rankles many. All else remaining and density of poverty. Others argue force- al jurisdiction for conflict era crimes, and the atives, with the Madhesi Morcha leaders not ordinarily be classified as a social class. the same, the framers can probably agree on fully for demarcation by identity, to make up collapse of his ambitions of emerging as di- made to carry the burden as a kind of ideol- Closely linked to the setting of norms for identifying declaring Nepal “dharma bahool” (with reli- for historical wrongs committed by the Kath- rectly elected president. Mr. Bhattarai, for ogy. If the plan is to create a geopolitical new groups for reservation benefits is the court’s gious pluralism) or do away with mention of mandu-centric state. The heightened ran- his part, has remained deputy to Mr. Dahal buffer for India astride the open border, that downplaying of the importance of caste in deciding religion altogether, to respect all and injure cour of today has mainly to do with the for too long and is desperate to get the party itself is objectionable for seeking to render reservation benefits. While caste was indeed a promi- none. parcelling of the Terai, with the Madhesi chairmanship. He recently visited New Delhi the Terai plains and its Nepali citizens as On the electoral scheme, the tussle is be- Morcha combine of parties seeking exclusive in early March hoping to reinforce his known some kind of bulwark for India. nent reason for historical injustice in the country, it tween those favouring the first-past-the post plains-only province or provinces. image of being “India-friendly” for political With the arrival of the Narendra Modi-led could not be the sole decider of backwardness of a class. system for effective governance and others In the CA, the Nepali Congress (NC) and advantage back home. government in New Delhi, there seems to be Instead, new practices, methods and yardsticks would who maintain that only proportional repre- the Communist Party of Nepal (Unified- Both leaders suffer under the knowledge second thoughts, at least in some quarters, have to be continuously evolved moving away from the sentation can reflect Nepal’s diversity of Marxist-Leninist)-UML can come up with that there is another two-and-half years re- about the viability of the proposed plains- caste-centric definition of backwardness, the court specific provinces. Some strategists in India are now wondering whether this prescrip- ruled. Surely, the fact that the previous United Progres- tion is not geopolitically fraught, with dan- sive Alliance government notified the reservation for CARTOONSCAPE gers of making Nepal a stomping ground for Jats despite advice to the contrary from the National international adventurism. Commission for Backward Classes played no small part From this writer’s perspective, however, in counter-posing historical injustice to emerging the most important concern is that nothing forms of backwardness in a changing society. But the should be done to further impoverish the Terai population, the likely result of a plains- question that arises is about the exclusion of castes and only province when the concentration of in- social groups already in the reservation list in a contin- vestment in the coming years is likely to be in uously evolving society. The court might have left a the hills. small opening for revisiting the whole list of reserva- Last week, the Maoists and Madhesi Mor- tion beneficiaries in the light of new socio-economic cha, unlikely collaborators, announced ag- itations against the attempt by the NC-UML realities. to take forward the proper procedure of con- stitution drafting, leading ultimately to a vote on provisions. The upcoming protests could well lead to a collapse of the second CA, and the people’s opportunity to write their own constitution wrested by the very leaders Just not who claim to have birthed the idea of both the Constituent Assembly and federalism. The best option for now is to promulgate a funny constitution that confirms a democratic, fed- eral, non-denominational Republic of Nepal, he issue of women’s empowerment often gets while leaving the matter of federal arrange- reduced to mere discussions on sexual vio- ment to parliament or to a credible, high- level commission. If the country finds itself lence against women. Rather than obsessing without a constitution after eight years of T on it as if it were the only concern, it is trying, the politicians and political parties of necessary to put in place macro-policies and change Kathmandu will be the first to be held ac- social perspectives on female empowerment in a holi- countable. But history will also ask New Del- stic manner. The persisting failure to do this was hi about its role in the debacle. brought into sharp focus last week when Janata Dal (Kanak Mani Dixit is publisher of Himal Southasian magazine based in Kathmandu.) (United) chief Sharad Yadav made a comment in Par- liament on dark-skinned South Indian women, saying Letters emailed to [email protected] must carry the full that they are ‘as beautiful as their bodies’ and adding LETTERS TO THE EDITOR postal address and the full name or the name with initials. that they ‘know dance’. On the surface, it sounds mere- ly facetious, but such statements are dangerously reservation is necessary for some political malfeasance without The writer’s point has been industry should not be banned as it wrong at several levels. The first question that arises is Market volatility more time, the norms should be making an effort to get to know the highlighted by sociologist Gunnar involves the livelihood of why during a debate on the Insurance Bill the member The word of caution by IMF chief based purely on a person’s real nature of our brethren. The Myrdal in his Asian Drama: An thousands. Instead, the authorities would find it necessary to drag in a comment about Christine Lagarde makes sense as it economic status, and not caste. media must strive to present the Inquiry into the Poverty of Nations, can think of strict regulation. women at all. It was hardly apposite to the occasion or is a fact that all the economic K.V. Seetharamaiah, true picture. Both countries have a where he pointed out that Indians, Tejas Londhe, relevant to the issue being discussed. It trivialises ‘magic’ we frantically resort to in Hassan large population of the young who despite being intellectually capable New Delhi women and sends out the message that flippant re- the world of commerce can fail at never get to meet each other. of economic growth, have not times (“Brace for shocks, IMF Black money Bill Exchange programmes would progressed to the levels of the West It was Mahatma Gandhi who said marks about women, their skin colour or bodies are par chief,” March 18). It was over 150 The Black money Bill is too little, definitely help bring about a greater because of the prevalence of an “the greatness of a nation and its for the course. Second, the remark comes in the wake of years ago, that Karl Marx and too late (“Black money Bill depth of understanding and inegalitarian social structure. moral progress can be judged by the several denigrating comments about women made by Frederick Engels described proposes 10 years’ jail,” March 18). warmer relations. Let us not forget Hence, Indian growth must make way its animals are treated”. members of Parliament and senior politicians — across capitalism as “society that has Those with such a form of the pain Pakistan underwent after social and institutional changes Therefore, the BJP’s move and the the political spectrum — in the last couple of years conjured up such gigantic means of investment would have already the Peshawar attack and when through modernity and issue of the right to livelihood of the alone. To make matters worse, Sharad Yadav respon- production and of exchange … like moved their money to a safe haven. India shared in its grief. industrialisation. Dalits have been minorities and Dalits can be the sorcerer, who is no longer able Instead, the government must be Bhaskar Neerugattu, cornered due to numerous justified. However, there is a large ded to Human Resource Development Minister Smriti to control the powers of the nether practical and offer a one-time Tirupati prejudices; merely bringing in section of the population below the Irani’s criticism with the highly offensive comment, “I world whom he has called up by his amnesty to those with such reservations and laws is no way out. poverty line that has beef as a know what you are.” After days of defiance, he was spells.” Today’s world of wild stock undeclared funds. Village culture Political parties have always feared staple. In the process of attacking forced to clarify that remark on Tuesday. market booms and slumps, D.B.N. Murthy, My understanding of the article, to address the “dominant caste” the ‘Pink Revolution’, the Rajya Sabha MP Kanimozhi has rightly said that she recurring layoffs and long-term Bengaluru “Shaking up our village culture” issue because of “vote-bank government does not appear to be unemployment, and, finally, (March 18), is that it tries to analyse politics” which has only become looking at the problem of felt frustrated by the number of people who have tried corporate scandals, seems to fit The all-India gems and jewellery the unintended benefits of the land another stumbling block in the insolvency that the leather to downplay the remark by saying it was a ‘compliment’ their description better than ever trade body recently demanded ordinance bill in that it would progress of our democracy. industry might face. to South Indian women. Therein lies the bigger prob- before. It is like building a house of removal of the provision of giving result into a shaking up of the Akshy Sridhar, Nivedita Giri, lem — the complete lack of awareness that condescen- cards and where the basics, like one’s PAN number on purchase of culture of hegemonism exercised Chennai Durgapur ding jokes or remarks about women reveal as much empowering the poor, are not gold jewellery worth a lakh and by land owners on Dalit landless Cow slaughter about deeply-ingrained patriarchal attitudes as do addressed. above. Isn’t this an indirect labourers. However, no such Nutritionists say that animal A.G. Rajmohan, confession of black money being conclusion should be drawn that While commenting on the issue of protein yields better height, overt acts of violence or domination. The senior politi- Anantapur used to make such purchases? the Bill is intended to be Dalit- cattle slaughter (“BJP for law stronger muscles, a fact often cal establishment in the country constantly betrays Earlier too, in 2012, the Finance friendly. Even if such a culture is against cattle slaughter in all suggested as a solution to counter this lack of understanding of what constitutes non- Court on quota Minister gave in to political and done away with, Dalits would not States,” March 18), I have two India’s malnutrition problem, discriminatory attitudes to women. And their stance The point that has been underlined other pressures while thinking of gain much from this as they would contrasting views. There are many especially in the light of some exposes how deep the problem really runs. It is one of is the observation that the imposing excise-duty on gold lose out on opportunities to work as who will say that cattle, the main uncomfortable statistics. government routinely discouraged jewellery. The idea of reintroducing daily wage labourers on village source of livelihood for farmers, Incidentally, there’s no ban on cow the biggest reasons why women continue to get a raw the identification of a group as 14-carat gold in jewellery could farms. Industrialisation using should not have such a painful end slaughter in our ancient religious deal in police stations and court rooms, in workplaces backward solely on the basis of reduce demand in India. acquired lands may further affect and that there must be an texts, so even a ban on cow and homes. Besides laws that address women’s safety, caste (“SC strikes down quota for Subhash Chandra Agrawal, Dalit labourers as their lack of acknowledgement of the role of slaughter on religious grounds is what is urgently needed is a code of conduct or set of Jats,” March 18). The authorities New Delhi technical know-how could be seen livestock in our economy and unreasonable. I remember reading rules that will apply to public officials and politicians, should understand the Ten days in Pakistan as a handicap. Landless labourers society. There is also the practical an article recently where a which can ensure that gender-biased comments and implications of what this means. may not get a share of one, as India has a large population prominent right-wing leader told ‘Reservation mania’ has gripped all Gunjan Veda’s article, “Grace compensation given to land owners of livestock. Once livestock outlives Dr. Verghese Kurien that “banning jokes are weeded out of the public discourse. parties with an eye on votes under fire” (March 18), shows that whose land is acquired. its economic use, how does a farmer was actually just politics”. Parliament is hardly the place for misplaced and especially when the time has come it is easy to get carried away by Pallav Kumar, make both ends meet? Religious J. Akshobhya, misogynistic levity. to phase it out in stages. If painted history, distorted facts and New Delhi sentiments aside, I think the beef Mysuru CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU FRIDAY, MARCH 20, 2015 Hitting all the wrong notes in J&K M.K. Narayanan deal and it has taken more than two decades The Central government headed by the BJP does to retrieve the situation. vents in Jammu and Kashmir not possess the kind of levers needed to deal with seemingly appear more surreal Replay of the past? than real, making it difficult to sep- the ground realities in Kashmir. It needs to do To many, the events of the past few days arate the truth from perceptions. are beginning to look like an eerie replay of FRIDAY, MARCH 20, 2015 E The 2014 elections in Jammu and Kashmir more than merely making strong statements from what occurred then, and which was to push had raised expectations of a significant shift Kashmir almost to the brink. In December in a progressive direction as far as the State time to time in the belief that this would check the 1989, Mr. Sayeed was the Union Home Min- was concerned. The national parties, the ister when his daughter’s abduction and the Status quo Congress and the Bharatiya Janata Party profligacy of the Jammu and Kashmir Chief release of militants took place. The circum- (BJP), had between them secured over 45 Minister and his cabinet on matters of security stances of the release and the exchange re- per cent of the vote, an increase of more than main controversial to this day. in Israel 14 per cent when compared to the 2008 ently in short supply. All this and more could certainly have been Likewise, Masarat Alam’s release remains elections. Thus, the perception was that this anticipated. a matter of controversy. His release coinci- Breaking the concord he re-election of Prime Minister Benjamin would herald closer cooperation between Hence, Mr. Sayeed’s current statements ded with Mr. Sayeed’s assumption of office, “Bibi” Netanyahu after his Likud Party se- Srinagar and New Delhi. Unfortunately, this The choice of Mufti Mohammad Sayeed as must not be perceived or treated, as an aber- leading immediately to a hue and cry. This does not seem to be happening — at least not Chief Minister for a full six-year term, did ration. The truth is that the Chief Minister is was followed by strong statements by the cured the first place with 30 out of the 120 yet. foreclose some of these options. Mr. Sayeed ambivalent on the issue of India-Pakistan Union Home Minister that terrorism and T seats in the 2015 Israeli legislative elections promptly proceeded to violate some of the relations. He is viewed as someone who has a violence would be dealt with a strong hand — came as a bit of a surprise. Exit polls pointing to a better Skewed mandate basic principles of the understanding. Al- soft spot for the Hurriyat. His approach to implicitly blaming the PDP-led government showing by the centrist-moderate coalition, the Zionist A contributory factor, possibly, has been most his very first pronouncement was to militancy and the role of militants in the for the release. All this seemed to end in a Union including the Labour Party, turned out to be the skewed nature of voting patterns which credit Pakistan, the Hurriyat Conference Valley has often been at odds with New Del- whimper, following a belated explanation wrong as the Likud emerged with far more votes than convey the impression of a sharp divide — and the militants for the smooth conduct of hi’s perceptions. Even earlier, as the Chief that the release had been ordered by the between a predominantly Muslim populated the Assembly elections in the State. This Minister, he often demonstrated that he was State government during Governor’s rule. what was expected. While the Likud lacks a majority of Kashmir Valley and the Hindu majority stoked a controversy that is unlikely to die not on the same page as New Delhi on these The belated explanation has, however, not its own, it now gets the right to form the government in Jammu region. Votes in the Valley largely down. A little after this, an even more serious matters. His elder daughter, Mehbooba Muf- convinced anybody. Rather, it has all the coalition with other parties, and it is clear that Mr. went in favour of the Peoples Democratic controversy erupted following the release of ti, had also previously demonstrated a “soft- makings of a Sherlock Holmes novel. Netanyahu will be Prime Minister for a fourth term. Party (PDP), virtually shutting out the BJP The short-, medium- and long-term impli- The Likud victory, belying expectations, can be attri- as Jammu voted overwhelmingly for the cations of all this need to be carefully consid- BJP. The seat arithmetic did not provide Militancy in Jammu and Kashmir is at its lowest since the ered. Kashmir remains a highly sensitive buted to the polarising campaign led by Mr. Netanyahu much scope for the emergence of a stable 1980s.“ Nothing should be allowed to happen that would lead to region to this day. The government in New who took a hyper-racist position denouncing Israeli government, unless the PDP and the BJP — Delhi headed by the BJP also does not pos- Arabs and rejecting, in the run-up to the polls, the representing two opposite poles of the polit- a reversal of this situation. sess the kind of levers needed to deal with statehood demand by Palestinians. The triumph of the ical spectrum — combined forces. This did ” the ground realities in Kashmir, unlike the right wing also reflects the sharp change in attitudes in eventually happen, but only after an extend- Congress when it was in alliance with the Israeli society that has become militantly opposed to ed and corrosive delay. Moreover, the con- Masarat Alam, a Kashmiri separatist har- ness” towards militancy and the militants. PDP. The Central government needs to do tents of the common minimum programme dliner and a close affiliate of the Tehreek-e- More serious than this, are the implica- more than merely making strong statements any gesture of substantive peace with Palestinians. The of the two parties, which was forged after Hurriyat leader, Syed Ali Shah Geelani. tions of the Chief Minister’s so-called “heal- from time to time in the belief that this silver lining in the elections was the emergence of the several rounds of discussion, hardly inspire Hence, not all of New Delhi’s efforts to pour ing touch”. The road to hell, it is said, is often would check the profligacy of the Jammu Joint List — a group of leftist and Arab parties — as the confidence about the longevity of their oil on troubled waters can disguise the vast paved with good intentions. The release of and Kashmir Chief Minister and his cabinet third largest grouping with 12 seats in the Knesset. understanding. differences in approach and attitude that Masarat Alam may be viewed as a minor on matters of security. Israeli Arabs have a larger and more inclusive voice in Managing an “unlikely coalition” of this exist between the two coalition partners. incident, but can fuel a new wave of unrest, Mr. Sayeed is unlikely to be deterred by the Knesset than before. nature, requires both sides to adhere strictly Mr. Sayeed is not known to be a concilia- and give fresh grist to residual anti-national the vehement opposition voiced by the Lok to the rules of “coalition dharma”. At the tor. The Congress realised this during the forces within the Valley. In turn, it could Sabha to his actions, or the Prime Minister’s Globally, Mr. Netanyahu’s victory must frustrate very least, it requires that neither party un- PDP-Congress coalition of 2002-2008. On encourage Pakistan to embark on more ag- categoric disapproval of his controversial re- even Israel’s closest ally, the United States, which was dermines key postulates of the common that occasion, he had only a truncated three- gressive moves. marks. The Chief Minister is a shrewd leader unable to dissuade the Israelis from the brutal bom- minimum programme, and that they take year term. His strong views on how to chart Masarat Alam has been actively involved who realises that he can possibly tap into a bardment of Gaza in 2014. A hardliner victory in Israel care not to upset carefully contrived ar- Kashmir’s destiny are in sharp contrast with in violent activities for long. Kashmir’s dan- lingering, though currently receding, anti- as the U.S. is battling the Islamic State hardly helps the rangements in place. At best, there could be views held by a majority of the national gerous decade of the 1990s began with a India sentiment among sections of Kash- some room for employing a scalpel — but mainstream. Further, given his animus to- single instance of the abduction of Rubaiya miris, who continue to remain unhappy with larger strategic plan of easing tensions in West Asia. used with a surgeon’s dexterity — rather wards the Abdullah family, which leads the Sayeed, Mr. Sayeed’s other daughter, in De- the Centre. The U.S. has expressly supported a two-state solution than a sledgehammer used by a construction National Conference, it is only to be expect- cember 1989, and the letting off of some Currently, militancy in Jammu and Kash- and it must be worried by Mr. Netanyahu’s explicit worker. Consultation and accommodation ed that every decision taken by the Omar militants in exchange for her release. As a mir is at its lowest since the 1980s. Nothing rejection of Palestine nationhood during the election have to be the watchwords. All this is pres- Abdullah ministry is likely to be overturned. result, Kashmir and India suffered a great should be allowed to happen that would lead campaign. The U.S. could support a UN resolution ex- to a reversal of this situation. No price plicitly defining a Palestinian state with pre-1967 bor- should be seen as too heavy for this. Mea- sures need to be put in place before the ders as a response to Mr. Netanyahu’s change of views, situation slips out of control. We do not need but it is perhaps unlikely to happen. The U.S. is current- CARTOONSCAPE a repeat of what took place during the tenure ly engaged in complex negotiations with Israel’s geopol- of the Janata Dal government led by Prime itical rival Iran towards a nuclear treaty and would not Minister V.P. Singh of which Mr. Sayeed was want to upset its special relationship with Israel. Mr. a part of as the Union Home Minister. Once the situation stabilises, the healing Netanyahu’s allies go far beyond the White House and measures initiated during the years 2005- the U.S. State Department, with the powerful pro-Israel 2010, under Prime Minister Manmohan lobby spread across bipartisan lines in the U.S., espe- Singh, should be revived and energised. The cially in the resurgent Republican party. However, Mr. reports prepared by the four working groups Netanyahu’s uninhibited Zionist chauvinism might ac- should be retrieved for early implementa- tually work to persuade western actors beyond the U.S. tion. The round tables should be revived. All this had made considerable progress during to see the Palestinian point of view on issues such as that period, but withered on the vine due to illegal Israeli settlements or the UN according state- neglect post-2010. hood to the Palestinian Authority. It may be too early, just yet, to consider a India-Pakistan entente that could result in the setting up of a cooperative and consulta- tive mechanism to deal with the problems of people on both sides of the Line of Control Perils (LoC). The Pakistan Army seems to have once again gained ascendancy and can be expected to be a spoiler in terms of better abroad India-Pakistan relations. India will need to wait for better times. Nevertheless, India he brutal murder of an Indian national, Prabha must continue to affirm that it favours a resolution of the Kashmir dispute that does Arun Kumar, in Sydney on March 7 has reig- not seek to redraw borders, but will enable nited debates around the safety of Indians easier commerce, communication and con- T abroad. The spate of violent attacks on Indians tact between the Kashmiri people on both in Australia over the past decade has persistently fuelled sides of the LoC. nagging tensions in India-Australia relations, punctur- (M.K. Narayanan is a former National Security Advisor and former Governor of ing the sense of optimism that had emerged on that West Bengal.) front. Ruling out racial motivation behind the attack, Australia has promised that the perpetrators of the Letters emailed to [email protected] must carry the full crime would be brought to justice; a special detective LETTERS TO THE EDITOR postal address and the full name or the name with initials. squad has been assigned to investigate it. But given Australia’s generally lackadaisical response in such con- political dividends accruing from nominated to the chamber of elders the land ordinance, how do we discrimination against Dalits, I texts in the past, India has reason to be sceptical of these Constitution drafting such a classification will only see to in order for us to tap their expertise expect Dalits to follow their doubt whether land acquisition is a promises. The series of attacks on Indian students about The struggle that Nepal is facing in it that society continues to remain and guidance in matters of traditional practices there? proper means of enabling transition half a decade ago had been severely condemned by India. drafting a constitution (March 19) divided rather than persevere in lawmaking. When such comments If the government really wants to into a non-farm-based economy. The government had questioned the effectiveness of the makes one think of India’s efforts for a casteless society. were made, one would have empower Dalits, then it should There is little guarantee that steps taken then by the Australian authorities, and is- exuberant performance in drafting Segments that have tasted the expected the House to register concentrate its efforts on displaced Dalits would necessarily one for itself with the help of high- benefits on account of their caste collective protest, but it never did. increasing participation of Dalits in be absorbed into any remunerative, sued a “restrained travel advisory”, asking Indian stu- spirited and knowledgeable citizens alone will continue to remain It is not surprising that the political institutions like the PRI, non-farm form of livelihood. Our dents to take basic precautions in being alert to their like K.M. Munshi and Alladi adamant about the continuation of Women’s Reservation Bill has give them better economic history regarding rehabilitation and own security. The insensitivity shown by Australian Krishnaswamy Iyer, and of course such divisions and segmentation. remained stuck, in turn exposing opportunities such as getting credit reintegration projects the spectre of officials — who were often in denial mode — in respon- the chairman of the drafting The remedy lies in channelling the mindset of our worthy from banks, and better education abandonment and impoverishment ding to these attacks had come to notice in India at that committee, B.R. Ambedkar. Does benefits to the truly deserving and representatives. There must be a and good health services. The of displaced groups. A practical time. So one can only hope that External Affairs Minis- Nepal lack a scholar and a those really disadvantaged. resolution of rebuke in the Rajya argument of Dalit empowerment mode of transition to a non-farm personality such as Ambedkar that A.Thirugnanasambantham, Sabha. through the land ordinance is economy would be to gradually ter Sushma Swaraj’s recent call to her Australian coun- it is taking forever to frame a Coimbatore S.V. Venkatakrishnan, flawed as the real motive is to grab rehabilitate Dalits in alternative terparts for complete cooperation in resolving the issue constitution? It may not be out of Bengaluru land from the poor people and make livelihoods even before they are is met with the needed level of seriousness at least this place for India to offer suggestions The Constitution provides for big corporations happy at the cost of displaced. time. and help a close neighbour rather affirmative action on grounds of Initiatives to weed out gender- farmers and the environment. P. Vamsidhar, The tragic event will, it is to be hoped, lead to a than wait for political chaos to historical injustices and not for biased comments and remarks in Narendra S. Ujjwal, Hyderabad broader debate concerning the conditions of Indians descend. economic laggards per se. With public discourse have to be taken up New Delhi P.K. Indira Priya, caste identification becoming the urgently by the political The article was a practical way of abroad. First, the government can consider adopting Chennai easy route to identify establishment. The utterances are While it has become a fad to looking at land acquisition from a “smart” means to ensure the safety of Indians while backwardness, it will require great no doubt primitive and show the eulogise and even celebrate some of perspective of urbanisation vis-à- abroad, especially in times of crisis. For instance, Bri- Making Nepal a Hindu state may political will to bring about sound depths to which some of our the cultural moorings that belong to vis the highly romanticised ideal of tain’s Foreign and Commonwealth Office (FCO) had, in not seem fit if the nation is to be institutional changes. Present legislators and politicians have Indian villages, it is time we got over village life. Villages are dens of 2008, set up a ‘Locate’ system to act as a people-tracking made a modern-day democracy. ‘backwardness’ is mostly on taken India too. such nostalgia and bestowed biases and places to perpetuate Nepal’s national anthem speaks of economic grounds than a result of Women in India face an uphill attention to the modern concepts of some of the worst social practices. register. This has now been replaced by a country-spe- bahul jati bhasha dharma or of historical injustices. Another battle in preserving their honour living. More importantly it is our The only way one can liberate the cific alert system, via email, Twitter and Facebook. Sec- Nepal being a melting pot of important issue is the ‘charm of and dignity. Mr. Sharad Yadav duty to live without throwing rural poor is to industrialise the ond, the Indian government has often been criticised for multiple races, religions and reservations’. should know that complexion has human waste indiscriminately with country and get jobs for the rural not doing enough about the conditions Indian migrant languages. While India should not Shashank Jain, nothing to do with the beauty of no care for our fellow citizens and poor by moving them away from workers face abroad. For instance, a 2014 Amnesty In- directly interfere in the Constituent New Delhi women which really lies in the eyes the environment. Whether it is a agriculture. Dalits would benefit ternational report lays forth the human rights abuses Assembly’s job, a stable and ideal of the beholder. cultural thing, or about misguided more from opportunities and jobs Nepal which would work in Not funny K.S. Thampi, hygiene, or even illiteracy, the than reservations. encountered by Indian migrant workers in Saudi Arabia. accordance with a written There is no justification in crying Chennai mindset requires change. In some S. Srikanthan, By means of diplomatic pressure and bilateral agree- constitution would be in India’s hoarse over the BBC documentary villages in Nandurbar, Bengaluru ments, the Indian government has to ensure that these best interests. when the political class makes Village culture Maharashtra, change has been migrant workers are not denied any of their labour K.B. Dessai, equally unsavoury remarks The logic of Dalit empowerment by brought out by constructing Gappa On a roll rights as provided under international law. Third, an Margao, Goa (Editorial, March 19). That such the land acquisition ordinance is Sandas or special toilets with The dream run continues for the comments were allowed to pass absurd (“Shaking up our village partitions so that conversation Indian cricket team. This is the only ethical discourse on the conditions of Indians abroad On backwardness reveals much about the calibre of culture,” March 19), if my among the users is possible. Women World Cup where the defending has to simultaneously involve an inward gaze on how Strong-arm tactics and numerical our politicians. understanding of the article is right. discuss family matters while going champion, India, has been playing Indians have been treating their own guests from over- superiority played a major role in V.S. Ganeshan, In this context, I feel that the writer about their ablutions and are thus like the winning champion right seas. Just last week, a mob in Bengaluru chased and coercing the government to give in Bengaluru has incorrectly quoted B.R. spared from going out into the open. from the word go. The bowling and attacked Africans in their suburban locality. With racial to pressure by Jats to include them Ambedkar. Ambedkar, while P.R. Iyer, the fielding have been exemplary prejudices, delays and inefficiencies at play, the criminal in the OBC list (Editorial, March It is ironic that Mr. Sharad Yadav criticising the village model of Chennai and the strong belief that Indians 19). As long as caste is the sole was bestowed the best Gandhiji, did not criticise the village are next to none has only steeled justice system often proves unequal to the task of com- criterion to determine the Parliamentarian award in 2012 . model as a geographical entity but While I agree with the writer that this resolve. ing to the aid of many such foreign citizens while backwardness of a section of People of high eminence in various as a mindset and ideas. If we non-farm employment will Lakshman Sundar, in India. society, politicians with an eye on fields are expected to be elected or acquired land in villages through gradually eliminate caste-based Navi Mumbai CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU SATURDAY, MARCH 21, 2015 Managers vs. ideologues in AAP Srinivasan Ramani standing that the party would stand for solu- The recurring rifts, resignations and defections tions and not for broad positions on various he open war of attrition in the Aam are an outcome of the fact that the AAP is still issues. This has allowed the party leadership Aadmi Party (AAP) merely days af- leeway to maintain a non-committal position ter its spectacular triumph in the finding its feet, as it graduates from a on ideology while offering ad hoc solutions TDelhi Assembly elections was an on a case-to-case basis. The ideologues of the SATURDAY, MARCH 21, 2015 unusual occurrence in Indian politics. Politi- socio-political movement to a political party, party, including Mr. Yadav, defended this ap- cal parties in India normally enjoy what is proach in the past, while putting the onus on called a “honeymoon period,” involving in- currently saddled with the responsibility a number of theme-based committees in the ternal bonhomie and consolidation of suc- party to decide its overall positioning in the For a free and cess through party building following facile to rule in Delhi long run beyond the limited agenda of in- victories — even if they are won by simple the AAP’s decision to tap traditional patron- drawn from the middle classes and, especial- stituting a Lokpal. Many of these commit- majorities in polls. In the case of the AAP, the age networks in Delhi’s rural areas. His key ly, among this section’s youth cohorts. While tees’ reports — the economics and ecology fair investigation party managed the second largest Assembly reason for dissent stems from his view that they espouse an idealistic zeal to change poli- committees’ for example — have been ig- election victory in Indian history, grabbing the AAP has to have a pan-India strategy tics by joining the political mainstream, they nored or their work is yet to be discussed by he indication from the government of Karna- more than 54 per cent of the vote share and beyond Delhi State, which is clearly at cross- have no ideological inclination except to sup- the coterie-centred leadership. It is no won- 95 per cent of the seats on offer. The victory purposes with party supremo Mr. Kejriwal. port a solution-based approach towards gov- der that several voices from civil society who taka that it would request the Central Bureau was made possible due to an overwhelming The latter had vowed to consolidate his par- ernance and public policy. On the other hand, supported the AAP in its initial phase have of Investigation to go into the suspicious cir- desire among the population of Delhi — espe- ty’s victory in Delhi, more so to mitigate the a small section of activists derive their legacy moved away from the party crying foul over T cumstances of the death of the former Deputy widespread and well-deserved criticism that cially the urban poor — for a welfare and from civil society movements and agenda- the lack of inner party democracy. Commissioner of Kolar district, D.K. Ravi, must be delivery-oriented government that was not his resignation from government last year driven, non-governmental organisations. The coterie’s not-so-subtle claim that it is welcomed. This belated decision by the Congress-led beholden to special interests and directly re- was a sign of political immaturity. What These activists believe in a centre-left core only Mr. Kejriwal’s charisma and their prag- government is an outcome of a huge public outcry with ached out to their needs. binds Mr. Yadav and Mr. Bhushan’s disside- and it is this set of voices that is represented matic ability to field “winnable”candidates The open squabble between a coterie of nce is their insistence on the AAP leadership in the leadership by Mr. Yadav, Mr. Bhushan that helped the AAP register its strong win is both the polity and civil society in the State playing a leaders close to AAP convener Arvind Kej- following protocol — consultation, collective and others. Mr. Kejriwal himself belonged to only partially correct. After all, the AAP’s major role in pressuring the government to take the riwal and the party’s ideologue-duo, social credibility lay in the fact that the party took help of the CBI. After all, the police’s and the Criminal scientist Yogendra Yadav and advocate on the establishment and had committed ac- Investigation Department’s probes were hamstrung by Prashant Bhushan, was, therefore, surpris- The AAP has to decide whether it will follow the tivists from civil society taking part in its the undue haste shown by the State government in ing. Reports suggest that a truce seems to be agitations. These activists also played an im- in the offing. But the question remains as to “pragmatist”“ line that its supremo espouses or give more space portant role in firming up the party’s electo- declaring that Mr. Ravi’s death was a case of suicide, why this difference — which apparently ral strategy in the run-up to the two State and by selective leaks from its officials ruling out foul emerged much before the elections — came to those in the party who seek to carry forward some of the elections in Delhi recently, apart from the play in the death. Meanwhile, the feeding frenzy of up between these leaders in the first place. legacy of their civil society days... general election in 2014. It is these leaders sections of the media, and the Opposition’s reliance on The reasons for the alienation of the two ” who offered a dissenting position in the narrow-minded politicking have certainly not helped dissidents seem to originate from two differ- party. clarify the circumstances leading to Mr. Ravi’s death. ent viewpoints. This is seen from the joint decision-making and internal democracy — this section of civil society activists but has, letter sent by the two recently as a riposte to a diligently. since his entry into politics, gravitated closer A vision Both the government and the Opposition have rushed statement by the coterie that suggested that to the “pragmatists” in his party. In a nutshell, the differences in the AAP to conclusions that suit their respective political posi- the duo was working against the interests of Political positioning A recent addition to the AAP’s core is a set basically boil down to the visions for the tions. Yet, in a roundabout manner, the undue atten- the AAP in the Delhi elections. Proximate reasons apart, the recurring of media-savvy “leaders” — many of whom party’s role in Indian democracy. Mr. Kej- rifts, resignations and defections from the served in the news media before — for whom riwal and others who support him seem to tion and political bickering raised the pitch in getting Following protocol the State government to take the right step of in- AAP are an outcome of the fact that the party the line between public-mindedness and believe that the AAP has to merely play a stituting an unbiased inquiry. Mr. Bhushan, a vocal lawyer who has taken is still finding its feet, as it graduates from a publicity-seeking is a blur. They serve an non-corrupt and efficient role in power and up many cases against corruption, had seri- socio-political movement to a political party, important role for the party by keeping it in use this to delineate itself from other politi- Whether the CBI can do a better job of disentangling ous reservations with a set of candidates cho- currently saddled with the responsibility to public consciousness through — largely noisy cal parties. In other words, their emphasis the complexities behind the death will not be known sen by the party for the Delhi elections, rule in Delhi. Its current positioning in the and personalised — discussions in the public remains on simply bettering other parties in immediately, but the role of Mr. Ravi as someone who among other issues. The set of candidates political space traditionally occupied by the sphere. This section has also been useful for being conduits for public interest in a wel- took on powerful vested interests in Kolar district must included rent-earning speculators and local Congress — a centre-left party that accrued Mr. Kejriwal in managing the Delhi elections fare-oriented political system that is “trans- figure in the investigations. Such a free and fair in- bigwigs, defectors from the Bharatiya Janata support from the poorer sections of society — and has established a firm presence in the action-driven”. Political parties in this view Party and the Congress. Mr. Yadav, on the has been the result of shrewd electoral tactics coterie that surrounds him. are only vehicles for providing services to vestigation by the CBI will be helped by the fact that it other hand, was not so critical of this “electo- rather than any ideological vision. The AAP’s In the initial phase of the party, the various various interests in return for attaining pow- would be unencumbered by the baggage of politics in ral pragmatism”, justifying in an interview volunteer and activist base is primarily sections seem to have brokered an under- er through their support. Politics and public Karnataka, unlike in the case of a probe by the State policy in this view are reduced to promises police and the CID. Mr. Ravi clearly seems to have made during elections, welfare delivered to made a lot of enemies out of powerful people in Kolar voters and politicians acting as managers of by taking a conscientious position in upholding the “public interest.” CARTOONSCAPE Others in the AAP who belonged to civil public interest as a civil servant. His legacy — during a society movements, on the other hand, see a 14-month tenure in Kolar — included passing stric- more transformative role for the AAP. They tures against encroachment of government land, and seek to not just adjust to welfarism in the way taking on powerful real estate developers who had it is extant today, but to bring about effective close ties with political outfits in the district. It is hoped changes in the system. They stop short of claiming that they espouse a radical social that the outrage in Karnataka is not limited to the democratic vision — which is what their sensationalism that has been whipped up around Mr. views effectively amount to — but they see Ravi’s death. His passing away should prompt us to clear differences between the “managers” in hold a mirror up to society and bring in scrutiny over the AAP and themselves. the actions of these vested interests while encouraging In their view, their role is not that of con- other civil servants to be as discerning and public- duits or managers but catalysts for substan- tive public participation in policy setting and spirited as Mr. Ravi was. Only this would be a true expansion of democracy. It is this difference tribute to the legacy left behind by the civil servant. in vision that has come to the fore in the squabbles in the party today, even if it has taken the shape of personality clashes and inner-party issues. The AAP cannot live with these differences forever and seek to expand as a political party National policy beyond its current stronghold in the capital region of Delhi. It has to decide whether it will follow the “pragmatist” line that its su- for Upper Houses? premo espouses or give more space to those in the party who seek to carry forward some he desirability of a bicameral legislature at of the legacy of their civil society days as they the State level has been debated since the consider their party to be a vehicle for a political movement. The recent moves to ef- days of the Constituent Assembly, and recent fect reconciliation within the party suggest T developments may revive the debate. Assam that Mr. Kejriwal is willing to reconsider his and Rajasthan want to join the small seven-member current positions. club of States (Andhra Pradesh, Telangana, Bihar, Jam- [email protected] mu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh) with a Legislative Council in the country and Letters emailed to [email protected] must carry the full Odisha is also examining the creation of one. A second LETTERS TO THE EDITOR postal address and the full name or the name with initials. chamber has always been attractive to those who be- lieve in widening the space for representative democ- IAS officer’s death and corporates is something rare material from cotton seed and question and continue to scholars and scientists overnight? racy. Its advocates say wiser counsel from an upper and exceptional. The young officer groundnut coconut extraction and propagate a racist attitude. The The irony in all this is that globally, House of elders is needed to temper the often fractious The mafias that control the was an embodiment of both. It is then converting this to dung. With way we target those from the India does not rank high in terms of extraction/sale of sand, granite, oil said that he was transferred 27 the importance being given to Northeast is one example of this. quality of education. nature of the debate in the Lower House. Also, the and even land appear to be having a times which says a lot about the organic farming, desi cow dung can Ngurang Reena, Gopal Sutar, second chamber helps in accommodating more sec- free run by taking the law into their hostile circumstances under which be used to produce organic Itanagar Bengaluru tions of society in the process of legislation and deci- hands and by finishing off whistle- he was forced to work. The case fertilizers, pesticides, fungicides sion-making. Detractors, however, contend that the blowers and honest bureaucrats also reminds me of the deaths of an and insecticides in ways that are CBSE maths paper For unity Council is nothing but a body to accommodate various (March 20). The death of a young IAS officer who was with Malabar economical. With the number of and upright IAS officer, D.K. Ravi, Cement Ltd., a State-run PSU in indigenous cows declining and the Setting question papers which There have been a spate of political interests within a party, a backdoor way into in Bengaluru, has only served to Palakkad, Kerala, and his two disappearance of local breeds such defeat most students seems to have incidents in the country that have the legislature for those who lose direct elections. Re- highlight the politician-mafia- teenage children, under as the Punganuru breed of Chittor, become an undesirable trend in ended up terrorising the cent experience suggests that even Chief Ministers police nexus which is playing havoc mysterious circumstances a few a ban on cow slaughter is India (“CBSE mulls over lenient minorities, especially the Christian choose the Legislative Council route when the option is with the lives of honest people. In years ago. Investigations were indispensable. evaluation of maths paper,” March community. Though the Prime available. Does the fact that an upper House exists in this case, the government cannot vague. A crony capitalist agenda Gopisetty Manohar, 20). A question paper should Minister has been pleading for seven States, with two or three more keen to join that get away as it has done so every and a growing nexus among the New Delhi optimally challenge students by restraint, nobody seems to be time by giving us an absurd and powerful seem intent on testing their comprehension of respecting his words. For example, list, really indicate that there is merit in having a unconvincing explanation in order eliminating honest officers who do The ban has no value and must be mathematical fundamentals the rape of an elderly nun, in Council? to shield the guilty. There is not an not fall in line with the rotten understood in terms of economic through carefully chosen Ranaghat, West Bengal, is There is little doubt that a second chamber will be a iota of doubt that the officer gained system and who are not ready to and religious terms. Economically, objective-type questions, theory unacceptable. We may remember useful forum to play an advisory role in legislative enough public trust after his efforts play second fiddle to them. an unproductive cow consumes 10- questions and problems. A paper that Christian institutions have matters. However, the fact remains that it can also be a to expose dark deeds and make the Ettirankandath Krishnadas, 12 kg of dry fodder every day valued that tests concepts, methods and provided excellent schools and tool in the hands of those in power to accommodate culprits pay. The ‘suicide theory’ Palakkad at Rs.10 and which then returns applications need not necessarily colleges in which students of all only points to a cover-up. The 20-30 kg of dung, which in turn be tough. If a student is optimally communities study and that do not their favourites or defeated party functionaries. Also, demands for a CBI probe are What is tragic is that theories are fetches Rs.300 per ton. Therefore, challenged by such questions, the interfere with the rights of other there is no consensus even within States on its necessi- justified. being created out of hearsay and most farmers slaughter their cattle examination can become an communities. Ours is a secular ty. In Tamil Nadu, the All India Anna Dravida Mun- K.R. Srinivasan, facts are being concocted to colour as it is a loss-making proposition. enjoyable experience. country which is apparent from the netra Kazhagam abolished the Council in 1986, and Secunderabad everything. How do we know Some parts of Europe banned Aravind Narasipur, Constitution and which has been strongly opposes moves by its rival Dravida Munnetra without scientific proof that he slaughter but it was later Chennai upheld by the Supreme Court The claim from the highest levels ‘committed suicide’? And what are withdrawn after medical science judgment, AIR 1973 SC 1461. The Kazhagam to revive it. Parliament has already passed of the government that it “was a these ‘personal reasons’ that proved that cutting jugular veins The CBSE Class XII maths paper only law which governs the country legislation to revive the chamber in Tamil Nadu, but it case of suicide committed for ‘forced him to take such an and carotid arteries with a sharp conducted on March 18 was very is what is stated in the Constitution is yet to be implemented. In Andhra Pradesh, the Telu- personal reasons” is one that has extreme measure’? knife is not painful. As cattle get tough, lengthy and traumatic and and in this judgment. Mr. Modi is gu Desam Party government abolished the Council in no conclusive evidence. There are Aijaz Hussain Malik, older, slaughtering is a passable has practically destroyed the trying his best to bring together all 1985, but a Congress regime revived it in 2007. This was no buyers for such hasty Baramulla, J&K way of managing them or else they chances of students getting into communities, as the coming why a senior member in the UPA Cabinet cautioned the conclusions based on personal are usually abandoned. professional courses across India. together of the BJP and the PDP in judgements. The family of D.K. Cow slaughter ban Yasar Arafath V.P., Maintaining a standard is Kashmir shows. Incidents such as government against supporting the then DMK re- Ravi must be supported by the Chennai agreeable but there have to be Ranaghat will only create gime’s proposal to revive the Council in the absence of people and the media. The While there is a hue and cry over limits. Any question paper setter unnecessary disputes and hardship a consensus. A parliamentary committee, examining immediate handing over of the case the ban on cow slaughter, it is Dangers abroad has to take an average or an above for all and set the clock back. It is the Rajasthan and Assam bills relating to creation of to the CBI is the best way to ensure equally imperative to know that average student into account. also a shame that the image of a the Legislative Council, suggested that there should be a fair investigation of the case and cows of Indian breed, or desi cows, While all empathise with the Srinivasan Radhakrishnan, personality such as Mother Teresa safeguard the credibility of the are known to have high medicinal family of Prabha Arun Kumar and Chennai has been sullied. The time has a national policy on having a permanent second cham- government. value when compared to foreign their trauma (Editorial, March 20), come for Mr. Modi to put his foot ber so that a subsequent government cannot abolish it Ratan Betegowda, breeds.The National Bureau of the case also reiterates the fear of The Board cannot put out an IIT- down. Also, all right thinking at its whim. This is a better way to address the issue Bengaluru Animal Genetic Resources has ‘others’ while living abroad. level question paper and expect people need to put pressure on him instead of relying on ad hocism. While framing such a shown the superior milk quality of Coming home safe has become an students to do well. It has no right to stop the destruction of places of policy, it will also have to be decided whether the time There is no dearth of honest Indian breeds as they produce ‘A2’ uncertainty. From the U.S., to the to ruin the prospects of 17-year-old worship. The light of secularism and resources involved in having a second chamber is officers, but honest officers with quality milk that is highly U.K. to Australia, cases such as children. The allegation this year is will shine bright only if we the courage to act against high- nutritious; foreign breeds produce Prabha’s are becoming common. that there were too many sub- understand the Constitution in its worth the while, and if so, whether the present scheme level malpractices and conflicts of ‘A1’ milk. Desi cows are useful in There is also the fact that charity questions and symbol errors in the true spirit. of giving representation to teachers and graduates re- interest involving the powerful solid waste management by begins at home. In India, we still maths and physics papers. What Habibullah Badsha, quires modification to involve other sections. combination of politicians, babus consuming grass, the leftover debate ‘the who belongs where’ did the Board intend? Create great Chennai

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU MONDAY, MARCH 23, 2015 Nuclear negotiations at a delicate stage T.P. Sreenivasan to the Republicans because of reports that Despite domestic hurdles in the current round of Mr. Obama had given an assurance to the he agreeable weather in Lausanne, U.S.-Iran negotiations on Iran’s nuclear authorities in Iran even before he became Switzerland, may have helped, but President that he would be more generous an agreement may still elude the capability, the end result will depend on how many with Iran than former U.S. President George Iranian Foreign Minister Javad Za- Bush. The promised concession was specifi- MONDAY, MARCH 23, 2015 T rif and the permanent members of the UN centrifuges can sustain nuclear development in cally on the issue of a permissible amount of Security Council and Germany in the cur- enrichment even during the period of re- rent round of negotiations on Iran’s nuclear Iran without the country being subjected to strictions. Iran, on its part, has maintained capability. Israeli Prime Minister Benjamin that the limited amount of plutonium pro- Doubts Netanyahu and some Republican Senators, crippling sanctions duced at some of its reactors cannot be used who called into question the ability of U.S. for weapons without a reprocessing plant President Barack Obama to deliver on his also did not mince words about Mr. Netanya- the UN resolutions ban any kind of enrich- and that Iran has no intention to acquire notwithstanding... part of the deal even if an agreement is reac- hu’s intervention, perhaps helping in his ment, the agreement envisages minimum reprocessing capability. Mr. Obama, it ap- hed, could share the responsibility for the re-election. enrichment for a specified period. This pears, is inclined to accept terms that would hen Union Finance Minister Arun Jaitley impasse. The interim deal forged in November would entail a sizeable reduction in the esti- allow Iran to enrich uranium as long as it defended the Central Statistical Office Mr. Netanyahu appeared at the U.S. Con- 2013, named Joint Plan of Action, which mated 19,000 centrifuges already in oper- kept nuclear weapons out of reach for Iran. gress in response to an invitation extended needs to be shaped into binding commit- ation in Iran. The nature and number of The negotiations have completed 13 (CSO) strongly last week in the Rajya Sab- to him by the Republicans in January with- ments by July 2015 came after more than 10 centrifuges, the period for which restrictions rounds after the Joint Plan of Action was W ha, he was essentially responding to the out the knowledge of the White House to years of Iran playing a cat-and-mouse game would be imposed and the question of one of approved and indications are that a compre- incredulity with which politicians and economists alike issue a dire warning. Mr. Netanyahu pre- with the International Atomic Energy Agen- the Iranian reactors at Arak, which was al- hensive agreement is within reach. The new have in recent times reacted to India’s reworked sented an alarming picture: “This deal will cy (IAEA). The Iranian tactic had always legedly producing plutonium, are some of Republican position has cast a shadow on the growth numbers. A new methodology, unveiled toward not be a farewell to arms. It will be a farewell been to express readiness to cooperate fully the major points on which agreement is yet current round even though Iran itself has the end of January by the CSO, presented a rosier to arms control. And the Middle East is criss- with the IAEA, secure applause from the to be reached. dismissed it as being inconsequential. Iran crossed by nuclear tripwires. A region, gallery and then leave their questions unan- points out that its leader, Ali Khamenei, has picture of the Indian economy than previously imag- where small skirmishes can trigger big wars swered. Every time the IAEA reported to its Republicans and Obama gone to the extent of issuing a fatwa against ined. It, for instance, indicated a growth in gross do- would turn into a nuclear tinderbox,” he Governors on Iran, there were many satis- For the Americans, the alternative to an nuclear weapons, which is the strongest mestic product of 6.9 per cent in 2013-14, quite a jump said. factory answers, but some unanswered ones, agreement is war and that is the reason why guarantee that Iran has not embarked on the from the 4.7 per cent estimated earlier. Growth rates Taking a cue from Mr. Netanyahu, the which needed elucidation. The IAEA could Mr. Obama accused the Republicans of rush- nuclear weapons path. for earlier years were upgraded too. To be fair, a lot has Republicans went over the head of the Presi- Separately, discussions have already be- dent to send a message to the Iranians, alert- gun in New York among the permanent changed from the old framework, and it is no minor ing them to the possibility of the Congress When Iran got the sense that the nonaligned support was a members to prepare the ground for removal tweak. One change made relates to the base year, on rejecting any recommendation from Mr. “ of UN sanctions if an agreement is reached in which comparisons are made. Two, there is now an Obama to lift sanctions. The letter sent by 47 double-edged weapon, it found that direct negotiations with the Geneva. The sanctions unilaterally imposed attempt to capture value addition, rather than growth Republicans on March 9, 2015, and ad- P5 and Germany could be more beneficial. by the U.S. and the European Union (EU) in through volumes, in the calculation of the Gross Do- dressed to the Iranians, contended that ” the energy and banking sectors, and which mestic Product (GDP). Three, data from newer, more while the President could reach an agree- have hurt Iran even more, are also under ment with Iran, he had no authority to re- neither certify that Iran was not on a nuclear ing to war, as advocated by Mr. Netanyahu. discussion. These measures are aimed at sophisticated corporate databases have been used. ward them with a relaxation of sanctions. weapons path, nor could it give it a clean chit. Mr. Obama had exercised great restraint in countering the threat posed by the Repub- Four, GDP will be measured at market prices, by adding Even after the issue went to the UN Security the long negotiations, keeping in mind the licans to block the lifting of sanctions au- taxes to and reducing subsidies from what used to be Sticking points Council, the ambiguity remained. The IAEA objective of ensuring that Iran did not make thorised by the Congress. For Mr. Obama, who refuses to acknowl- continues its investigations to resolve the nuclear weapons. the main measure till now, GDP at factor cost. All these Indian angle changes, many experts acknowledge, are important for edge that he is handicapped by his loss of the questions about past activities, even as the He did not rule out enrichment of urani- Indian metrics to match international ones. Still, there House and the Senate, the unprecedented political dialogue continues. um, even though the Security Council had In the earlier years in Vienna, Iran had move by the Republican Party came as noth- After extending the Joint Plan of Action demanded it. As long as Iran did not cross banked on the chorus of support it received is something discordant about the rosy numbers, on ing less than a shocking challenge. He com- twice, the P5 and Germany, backed by the the threshold, a certain amount of enrich- from the nonaligned countries for its right to the one hand, and the economic lethargy on the ground, pared the Republican Senators to the sanctions, have been engaged in shaping a ment under safeguards would be admissible. develop nuclear energy for peaceful purpos- on the other. The high growth projection of 7.4 per cent reactionary members of Iran’s government comprehensive resolution. At the core of the Mercifully, even Mr. Netanyahu did not de- es. But when it got the sense that the non- for 2014-15 somehow seems out of sync with low indus- and accused them of joining an unusual coa- proposed agreement is a set of restrictions mand zero enrichment. aligned support was a double-edged weapon, trial production, poor corporate performance and less- lition with the enemies. Mr. Zarif, called the on enrichment of uranium beyond the re- The possibility of a comprehensive agree- it found that direct negotiations with the P5 Republican move a “propaganda ploy”. He quirements of generating power. Although ment with Iran is particularly objectionable and Germany could be more beneficial. For than-expected tax collections. its part, India was always apprehensive That’s why even economists were stumped by the about an Iranian bomb. On one occasion, extent of the changes. In the Economic Survey, preced- CARTOONSCAPE Iran issued a démarche in Delhi when the ing the Budget, Chief Economic Adviser Arvind Sub- Indian delegation in Vienna refused to en- ramanian noted that the numbers were “puzzling”. He dorse a set of amendments to the IAEA reso- cautioned against interpreting it as evidence of a surg- lution, which went beyond the Indian position. Our vote in favour of referring the ing economy. The controversy also quickly acquired a entire matter to the Security Council an- political colour, unsurprising because it did now seem gered the Iranians even more as it was per- that the final years of the United Progressive Alliance ceived to be under American pressure. government saw far healthier growth than it was India would naturally be relieved if there thought then. Also, the campaign of Narendra Modi in is an agreement, which will prevent war on the one hand and the emergence of a nuclear the run-up to the 2014 parliamentary elections fo- weapon power in its neighbourhood on the cussed a good deal on what he called the mismanage- other. ment of the economy. Then, there were commentators It is still touch and go in the Lausanne who compared India with China, not only on the point negotiations. An altogether new element is of growth but also less generously on the issue of the way the Republicans and Mr. Obama are disputed official data, which the latter is so often ac- appealing directly to the Iranians. “This mo- ment may not come again soon,” Mr. Obama cused of fudging. It is in this context that Mr. Jaitley’s said in his message to the people of Iran on defence of the CSO needs to be seen. Yes, it may do little the occasion of Nowruz, the Iranian New to ease the doubts of experts who feel there are dis- Year. “I believe that our nations have a his- crepancies in data. But by calling the statistical body a toric opportunity to resolve this issue peace- “credible” and independent organisation, which need- fully — an opportunity we should not miss.” The end result will depend on how many ed to be reiterated, the Finance Minister has, at the centrifuges can sustain the development of least, sent the right political message. nuclear technology in Iran without being subjected to crippling sanctions. Unless that magic figure emanates soon, the spring in Lausanne may well end without a flowering of peace. Persisting acts (T.P. Sreenivasan was the Governor for India of the IAEA from 2001 to 2004.)

of intolerance Letters emailed to [email protected] must carry the full LETTERS TO THE EDITOR postal address and the full name or the name with initials. he Supreme Court last week agreed to hear a plea for a direction to seek an explanation humanist and behave decently connected with politics and must be Mass copying is rampant not only in unable to benefit from custodial from the Uttar Pradesh government for the Propaganda plan whereas religious intolerance is brought to justice. Otherwise, Bihar but also in Uttar Pradesh, methods of treatment as there is no T arrest of a Class XII student for allegedly History seems to be repeating itself about refusing its practices and Bangladesh will be heading towards Odisha, Haryana and Rajasthan. one to inform them of their posting on Facebook “objectionable” comments about and the BJP does not appear to have beliefs. It was Woody Allen who disaster. The fact that there are more legitimate rights. In many cases, Samajwadi Party legislator and State Minister Azam learnt any lessons from the ‘India said: “To you I am an atheist; To T.V. Jayaprakash, candidates from North India they become hardened criminals by Khan. This is of a piece with a series of incidents Shining’ campaign of 2004 (“BJP god, I am the loyal opposition”, Palakkad emerging successful in Central the time they exit prison and in involving efforts to curb free speech on the Internet by plans propaganda blitz,” March 22). which sounds sensible. One cannot government and public sector spite of being subject to Though that campaign was with an object to Ms. Nasreen being an On AAP undertaking exams also gives rise to institutional correctional methods. invoking Section 66A of the Information Technology eye on making gains in the general atheist but she should desist from While it may seem presumptive to this suspicion. In the interest of Probation is a universally Act, 2000. The Section, which provides for punishment election, the elaborate plans for criticising religious faiths and compare the Delhi elections with justice, examinations for accepted and widely practised, non- to persons sending offensive messages through any “Achhe Din” this time appear to be practices since she has no faith to the Independence struggle, the recruitment should be conducted institutional, correctional method communication device, is arguably in patent violation with a view to make an impact in the follow. electoral victory is so spectacular as outside these States in order to of treatment of offenders. Section 5 of Article 19(1)(a) of the Constitution. It makes puni- Bihar and other State Assembly C.R. Ananthanarayanan, to offer hope of a national ensure the fair selection of of the Probation of Offenders Act, elections due this year. Bengaluru resurgence (“Managers vs. meritorious candidates. 1958, ensures better justice for shable, inter alia, any communication that may be A massive publicity campaign ideologues in AAP,” March 21). S. Srinivasan, victims too and gives a more “grossly offensive” or “menacing in character”, or may may have helped the BJP come to I am both a rationalist and an While our founding fathers in the Chennai humane dimension to India’s cause “annoyance” and “inconvenience”. Petitions power last year, but the situation atheist and follow Ms. Nasreen Congress did not break up, they criminal justice system. In India, challenging the constitutionality of this law have ar- was far different. The BJP was in through her articles and books. I gradually became pragmatists, The visual, of people climbing on to the probation system has been gued that these terms are too “vague” and “ambig- the opposition while the UPA was feel that she is a great and eventually leaving us far short of the ledges of an exam centre building, sidelined and its potential unused. uous”, yielding unbounded scope for arbitrary use of fighting a losing perception battle courageous thinker and it is sad that promise of the Independence and in broad daylight, in order to Kerala has taken up this issue and against unbridled corruption; she has to live the way she has to. movement. Let us hope that the help examinees, was disturbing and started a project called “Nervazhi” power by officials who may interpret the terms as they inflation was also at an all-time The interview should be an eye- leaders in the AAP will not only a blot on the system of education in which means the straight path. It deem fit. Article 19(2) permits reasonable restrictions high. When in power, using opener to all freethinking, secular patch up but help fulfil its potential Bihar. It’s really troubling that aims to rejuvenate and modernise on free speech on grounds of “public order, decency or propaganda to win over the hearts and liberal citizens who live in a to be a vehicle for true national instead of taking strict action, the the probation system in Kerala. morality”, but by no stretch of interpretation could of people is like handling a double- world that is fast falling victim to resurgence. State Education Minister has tried Independent research shows that content that is of a “menacing character” or causes edged sword. Now, energy and fundamentalism. P. Zachariah, to shrug off the government’s probation is effective and “annoyance” be said to fall within the scope of such money need to be channelised into H.K. Pathan, Vellore responsibility despite the fact that considerably cheaper than much-needed development. Dharwad Bihar has a law to deal with the imprisonment if wisely and reasonableness. Several petitions have been filed chal- Propaganda can wait. A little sacrifice of personal menace of copying in board effectively administered. While the lenging the validity of this law, and the Supreme Court G. Kumaran, I fully agree with the writer when stubbornness will pave the way for examinations. This unfortunate cost works out to be Rs.200 a person has reserved its verdict. Chennai she says that it is everybody’s right better cohesiveness and an amiable incident throws open, once again, a day for incarceration, probation These arrests reflect the fact that the law was poorly to express his opinion on anything, relationship between Arvind the debate about whether these costs only Rs.20 a day. There is also drafted. More significantly, these show the intolerance The plan to highlight projects for but in a polite manner. So, she has Kejriwal and his party cadres. His examinations create undue evidence that almost 90 per cent of the rural population is salutary but the right to express her opinions on ideological rift with other leaders pressure on parents and children. those released on probation have and blatant abuse of power by politicians across party at the same time, party and Islam as well. Innocents are being cannot be allowed to prolong as it The struggle to make it to a good been successfully mainstreamed, as lines, and their efforts to manipulate the law to stifle government should work together misled and exploited in the name of will affect the pan-India strategy of college, amid soaring cut-offs and a productive and dignified beings. dissent and criticism. This provision was inserted as an to materialise these aims. It is the religion. It is time those who are his party beyond the Delhi State. handful of seats, continues to give Sameer Machingal, amendment in 2008 by the United Progressive Alliance party that should be the vehicle to educated and who have an Else, the shadow of the 49-day rule many a student sleepless nights. Nilambur, Kerala government, and the present National Democratic Alli- carry forward the achievements of intellectual bent of mind become will cast itself over the party and Geethu Issac, Book on Malaviya ance regime continues to favour it, saying the law was the government to the people. Its rational-minded and free of then stifle liberal thinking. The Navi Mumbai leaders should set aside their dogmas. future of the AAP rests on Mr. The unbiased review of the book on intended to “regulate the use of cyberspace” and not to differences and work hand in hand Basavaraj Modi, Kejriwal shedding his personal Prison break Pandit Madan Mohan Malaviya curb free speech. But the facts clearly call the bluff on with the government to enable Kalaburagi preferences. National Crime Records Bureau (‘Book Review’ page, March 22) will such justifications. This is reflected in a number of achieving this goal. N. Visveswaran, statistics show that Central and be of great help to the younger arrests of netizens in the last five years for critical Meenakshi Pattabiraman, Feminist, secular humanist and Chennai district jails are overcrowded; 66.2 generation. If one was inspired after remarks on politicians. Mr. Azam Khan, who was so Madurai writer-in-exile Taslima Nasreen’s per cent of inmates are undertrial reading “The many facets of concerns about shrinking space for A social issue prisoners. It shows that if there are Malaviya”, one can well imagine the offended by what the school student had posted, un- Taslima interview free thinkers in Bangladesh are While senior Ministers have legal remedies for 66.2 per cent of effect of the book. Youngsters leashed the force of Section 66A and the police for his I got to know about Taslima interesting. Perhaps the conflict in acknowledged that malpractices the prison population, all jails in the should necessarily read such books immediate arrest. The student was eventually released Nasreen as a writer only through Bangladesh is about whether or not take place in public exams on a large country would slowly become safe of a patriotic nature. My only regret on bail. One can only hope that the Supreme Court will the media. For me, she is just a to have a country on the basis of scale in Bihar, it also gives rise to for inmates, in terms of security, is that such invaluable history act towards ultimately strengthening the foundations writer and I have never seen her as language or religion, though suspicion on whether such mass treatment of offenders, reformation seems to be beyond the reach of of free speech by striking down this untenable clause of being either a Muslim or as an Bangladesh was born out of the idea copying takes place in connivance of convicts, etc (‘Sunday Anchor’ many, with its high price. Copies atheist (March 21). There is a thin of a secular Bengali nation. Religion with the officials concerned even in page – “Prison break,” March 22). must be made available at a the IT Act. This will be the surest way to halt the blatant line which differentiates religious should not oppress women and laws general job recruitment Many young and first-time subsidised rate. misuse of power by the political class with respect to intolerance from atheism. An should be based on equality. Islamic examinations (“Mass copying in offenders, mainly from deprived S.V. Nagarajachar, free speech on the Internet. atheist must necessarily be a terrorists are intrinsically Bihar a social issue,” March 22). communities, languish and are Srirangam CM YK ND-ND NOIDA/DELHI 10 EDITORIAL THE HINDU TUESDAY, MARCH 24, 2015 The supremo culture in Indian polity Pradeep Chhibber, Harsh Shah Kejriwal to remain the leader of the party and and Rahul Verma Political parties and their leaders have the the Chief Minister. For many politicians in propensity to centralise authority because most the AAP, and for Mr. Kejriwal, this makes he ongoing controversy in the Aam sense as the AAP attempts to expand its elec- Aadmi Party (AAP), between the parties do not have independent organisational toral influence. It will use its control over the pro-Kejriwal faction and other par- Delhi government to build the party. As it TUESDAY, MARCH 24, 2015 Tty leaders, over organisational mat- bases, a large section of citizens depend upon follows this path, the AAP will begin to look ters raises two important questions that like all the other parties in India — a cen- concern most political parties in India. The India’s mai-baap state for their general well-being, tralised party controlled by a leader accompa- first — why do political parties in India have a nied by fellow politicians who need the leader Disquieting tendency to centralise? And the second — and the nature of financing election campaigns in to retain their position. The secondary lead- why do leaders of these parties project them- the country ership in the party also cannot allow dissent selves as “supremo,” or the ultimate — especially challenges to the authority of the injustice authority? the top, then factional politics within the par- and, broadly, its centralised leadership supremo. This “high command” culture is often attri- ty would create independent bases of power structure. buted to political parties that are dynastic in and incentivise lobbying. This is true in the Campaign financing he maxim “justice delayed is justice denied” Control over the state must seem like a tired cliché to the relatives of nature. Parties like the Congress, the Shiv case of the BJP and the Left parties as they are This centralisation is also helped by the Sena, the Akali Dal, the Biju Janata Dal, the rooted in strong civil society organisations. Political parties in India have an incentive opaque campaign finance regime of parties in the 42 Muslim men who fell prey to bullets, Telugu Desam Party, the Samajwadi Party, For example, in case of the BJP, the RSS and to centralise party organisation because the India, which is closely tied to the mai-baap T allegedly fired by members of the Uttar Pra- the YSR Congress and the Dravida Munnetra its affiliates act as a strong check on party Indian state is the mai-baap. In a mai-baap state and its institutions. Campaign finance in desh Provincial Armed Constabulary (PAC), and other Kazhagam are the usual suspects. However, leadership. state, the state is involved in everyday eco- India is often undisclosed, collected centrally, survivors in Hashimpura in Meerut sometime in May centralisation of authority also extends to The AAP has severed its ties from the Anna nomic activity of most citizens — from run- and distributed by the central party office. 1987. The fact that it required 28 years to arrive at a non-dynastic parties like the All India United Hazare-led anti-corruption movement in the ning railways and building big industrial While the central leadership handles the bulk court decision in the Hashimpura massacre is itself Democratic Front (AIUDF) and the Asom wake of its party formation. It now lacks an complexes to social sector programmes like of the campaign spending, political parties Gana Parishad (AGP) in Assam, the Trina- independent organisational base that could the Mahatma Gandhi National Rural Em- also allocate tickets to candidates with a sub- enough to suggest that justice has been thoroughly mool Congress, the All India Anna Dravida check the leader becoming the party — a phe- ployment Guarantee Act (MGNREGA), mid- stantial amount of wealth and a criminal denied to the victims of the gruesome crime. On May Munnetra Kazhagam and the Bahujan Samaj nomenon common to most political parties in day meals, etc. The state is the primary in- background so they could finance their own 22, 1987, the PAC allegedly picked up dozens of Mus- Party. The Bharatiya Janata Party (BJP) and India. vestor, creator and provider of most goods elections. Nevertheless, all politicians, espe- lims, mainly youth, after curfew was imposed in Mee- the Left parties — which occupy two ideolog- Even if it had retained its ties to the anti- that citizens consume. The control over the cially after winning elections, contribute rut city. Within days, 42 among them were found dead ical extremes in Indian politics — have re- greatly to a party’s election coffers by collect- mained an exception, to an extent, to this ing commissions from businessmen and con- in the Ganga Canal in Ghaziabad district. It took nine trend. tractors by providing them access, such as years to file a charge sheet against 19 PAC personnel The control-command structure of financing election getting them permits, licences, contracts, (the key individuals were allegedly spared), and four The organisational base “ campaigns creates incentives for leaders to centralise party etc., to the mai-baap state. more to arrest 16 of them in June 2000 when they In our opinion, India’s political parties and organisations. The AAP is indeed one of the few political finally surrendered after years spent in active service their leaders have the propensity to centralise ” parties that talks about and even experiment- without being apprehended for their alleged crimes. In authority because most political parties do ing with methods of open campaign finance. not have independent organisational bases, a We will have to wait and see how politicians 2002, the case was transferred to a Delhi court and it large section of citizens depend upon India’s corruption movement, the latter was just a state and its institutions help in crystallising from the AAP, with a key to this mai-baap took four years for charges to be filed against the mai-baap state [nanny state] for their general movement without any structure or organisa- the support base of a politician. The leader, state, deal with it in the coming months, but accused. Nine years later, on March 21, the 19 accused well-being, and the nature of financing elec- tion. The AAP has been created from scratch especially if the party is in the government, is one thing is for sure — a lot of candidates were let free due to lack of sufficient evidence and the tion campaigns in the country. on the back of general discontent with “poli- incentivised to restrict party colleagues — contesting on AAP tickets rely on the central inability of the witnesses to identify the accused. The organisational base of political parties tics as usual.” Currently, most leaders within who are not part of the faction — from using party office for their funds. This is true for This travesty of justice to the victims of the massacre in India often precedes their formal creation. the AAP have no independent political base. the levers of this mai-baap state, as it would other parties as well. Thus, the control-com- While the BJP spun off the Jana Sangh with Their political careers are tied to the success allow them to develop independent support mand structure of financing election cam- is not surprising considering the shoddiness in the support from the Rashtriya Swayamsevak of the party. bases and potentially challenge the authority paigns creates incentives for leaders to much delayed probe into it. Lawyers appearing for the Sangh (RSS), the Left was moulded by the Those eyeing positions of power — either of the leader. Other politicians — from the centralise party organisations. victims and rights activists have, for a long time, com- unification of splintered communist move- for enhancing their political career or for car- pro-leader faction — support this centralisa- Party fragmentation plained about the loss of evidence that could have ments in the early 20th century. These par- rying out genuine political reform — align tion because their association with the leader helped frame the accused circumstantially. Various ties and their leaders are often kept in check their interests with that of their leader and protects them from challenges to their own The tendency of party centralisation also by strong, cadre-based organisations. If a par- suppress any challenges to his authority. It is positions within the party by others. explains why India has such a high rate of police records, details related to the arms and ammuni- ty has a strong organisation and allows other this internecine conflict that lies at the heart The recent fracas in the AAP reflects these party fragmentation — more and more parties tion used against the victims, logs, were all reported to contenders an equal opportunity to reach to of the recent internal feud within the AAP, dilemmas. There are those who want Arvind competing in the next election — and electo- have been missing after all these years since the in- ral volatility — the net change in the vote cident. With such a botched-up investigation by the share of a party from one election to the next. police and a series of apathetic governments in Uttar When one leader frequently makes the deci- Pradesh regardless of political affiliations doing little sions regarding appointments to positions of CARTOONSCAPE power within a party, then others within the to secure a case for the victims, the present outcome party become unsure of their career paths. must surely be a blot on the Indian judicial process. Ambitious politicians in such a scenario are The full judgment is not yet out as we go to press, but likely to desert their parent party and join the victims have vowed to appeal to higher courts to another party to enhance career prospects. seek justice. The Hashimpura massacre of Meerut’s Lateral entry to a similar position in another party is however not always easy. Thus, many Muslims is an example of India’s blighted recent past politicians find it easier to form a new party to when police action and composition were known to be contest elections. In this way, party central- communalised at least in States like Uttar Pradesh. isation leads to more and more parties enter- Since the late 1980s, there have been many police ing the electoral market place and greater reforms but the record in handling communal violence vote swings between two elections. has been mixed. Clearly, there need to be more sub- The leaders of many political parties in India are able to preserve their political pow- stantive changes in policing and the nature of the er through excessive centralisation within judicial process if India’s citizens from the minority their parties. However, this often comes at a community are to be reassured of the secular nature of price. The Congress’s shortage of popular, the Indian state and the justness of its judicial system. home-grown leaders at the State level can be attributed at least partly to its practice of clipping the wings of leaders having strong political support. In the coming months, Mr. Kejriwal’s ability to balance his desire to pre- Liberating serve control along with his ambition to ex- pand the party by giving independent voices will be the key to the AAP’s future success. black gold (The writers are with Travers Department of Political Science, University of California, Berkeley, U.S.) he passing of the Mines and Minerals (Devel- opment and Regulation) Amendment Bill, [email protected] 2015 and the Coal Mines (Special Provisions) Letters emailed to must carry the full LETTERS TO THE EDITOR postal address and the full name or the name with initials. T Bill, 2015 marks a significant step forward in the Central government’s reforms push. It effectively to their respective constituencies apart from registering a case? And, themselves atheists, Muslims or control. The selection of the right ends government monopoly over the extraction of coal, ‘Rift’ with RBI and get them to explain things? I has any case reached its logical environmentalists. So it is not type of trainers with proven mettle which has existed after coal mining was nationalised in Though talk about a “rift” between am sure he will realise that things end? Of course we have the surprising that a monstrosity is necessary for training to be 1973. Parliamentary approval for the auction of coal the RBI and the government has are very different. immediate response and defence of such as the Islamic State has come effective. The advantage of the blocks — effected through an ordinance that the Bill been denied (March 23), potential Bidyut Kumar Chatterjee, “having been misquoted”. When we up and wants to impose its ‘Islam’ private sector is that it employs now replaces — also provides closure to one of the differences between the Reserve Faridabad appear to be tolerant of all this, why on the world. What is dangerous more innovative and cost-effective biggest scandals to have rocked the country in recent Bank and the Finance Minister is a single post on Facebook given however is the fact that it has methodologies which lead to must be seen against the The Prime Minister’s biggest so much of attention? I feel that the allowed to single- quicker and better results. times: the allocation of 204 coal blocks to private par- background of fresh liberalisation mistake has been his inability to case against the youngster must be handedly appropriate the sacred N.R.U.K. Kartha, ties, which the Supreme Court had cancelled on the initiatives that are being sought to effectively drive home his view dropped immediately. symbols and terminology of Islam, Thiruvananthapuram grounds that the allocation process was arbitrary and be unleashed by the government. point on his ambitious Land T. Anand Raj, first through its violence and illegal. The auctions have helped the coal-bearing The RBI was in a similar Acquisition Bill. Mr. Modi’s radio Chennai second through the eagerness to 1931 Editorial States realise over Rs.2 lakh crore by way of royalties predicament under UPA rule as talk seems to reflect his frustration paint all Muslims with the same After reading the Editorial dated well. When neo-liberal policies go over roadblocks to the Bill. He The existence of a draconian brush. March 24, 1931 (March 23), on over a 30-year period from the 33 blocks auctioned in unchecked, they create imbalances appears to lament more about instrument like Section 66A on our Thehseen Zakir, Shahid Bhagat Singh and his two the first round. According to media reports, internal in the system which the RBI, as a consensus politics giving way to statute books and its rampant Kochi comrades, I wish to draw the government estimates place revenues from all the 204 regulatory body, cannot be confrontational politics rather abuse by the political class speaks attention of readers to the case of blocks to exceed Rs.15 lakh crore over 30 years. Quite standing by watching silently. We than allaying the apprehensions of volumes of the incipient Skill development Jatindranath Mukherjee, who was apart from the windfall revenue to the States, the have seen enough in the last decade the farmers. His point that the ‘intolerant’ culture taking shape in Most private enterprises in India popularly known as Bagha Jatin. passage of the Bills is a game changer in other ways. It of how financial systems have been consent of a majority of farmers India. What is disheartening is the are small and actually end up We are supposed to celebrate the collapsing across the world. The will be given due heed while police siding with political bosses spending a lot on informal on-the- centenary of Bagha Jatin’s heroic has opened up the path for foreign investments in the government does not have the allotting land to private companies and harassing netizens for just job training of their employees self-giving in Balasore, on sector, since Indian arms of foreign companies are absolute licence to carry out its is something that will be accepted expressing their opinions, points of (“The nuts and bolts of skill September 9, but I have still to entitled to bid for blocks, as well as for commercial agenda just because it has an with mixed feelings by the agrarian view and criticising the actions of development,” March 23). What come across any enthusiasm over mining of coal, which can have a salutary effect on overwhelming mandate from the community. their representatives, rather than will help make this training better this in India. In both Dhaka and prices going forward. Despite having reserves of 301 people especially as the votes cast Ganapathi Bhat, protecting their freedoms and cheaper is an ecosystem of Kushtia, his native district and now have not been decided on the basis Akola expressly mentioned in the good quality trainers and content in Bangladesh, a large-scale and billion tonnes of coal — the fifth largest in the world — of such an agenda. It must be Constitution. Many of our developers who can be hired on official programme is being India has been plagued by chronic coal shortages, lead- remembered that the RBI has been Acts of intolerance legislators are allegedly guilty of demand. Big government policies planned. Shouldn’t there be a ing to costly imports by power and metal producers. acting on its script which is Section 66A of IT Act is causing making inflammatory or hate and funding for the actual delivery similar programme in India? This has led to severe power shortages, with down- something that has saved the immense problems to netizens and speeches. Therefore, getting of training overwhelms dynamic Dr. Prithwindra Mukherjee, stream impact on both industry and individual con- country from financial ruin. youth alike (Editorial, March 23). offended by the comments made demand signals that resonate from Paris sumers. With 90 million tonnes of coal expected to be K. Baskar, Its provisions are vague and online and asking for arrests the marketplace. It creates freshly Chennai provide arbitrary power to the state exposes the hypocrisy of their own trained and certified individuals for Readers have been given a glimpse produced from just the 42 operational mines in the to intervene in a draconian way. actions. It is time the Supreme whom employers may not have an of things that happened in India blocks auctioned so far, such shortages may well be a On the Land Bill That political parties can use the Court strikes down this immediate need. Instead, under British rule. The Hindu, even thing of the past. The move is also beneficial to the Interestingly, not only the Act to do things such as suppressing “instrument of silence” and government funding should be under the gaze of the Empire, was state-owned Coal India Limited, which may now get Opposition but also the BJP’s allies the points of view of dissidents and strengthens the freedom of speech directed at creating accreditation intrepid enough to put out opinion, the elbow room to bring in some much needed tech- appear to be objecting to the staunch critics is much against the and expression. for trainers, model content that is and rightly so, as it always held high nology and best practices, while opening up prospects changes in the Land Bill, especially ideals of a secular and democratic Amritpal Singh, tuned to the language and reading the flag of righteousness in those that concern the consent society. What is worrisome is that New Delhi levels of learners, and also journalism. The editorial also of a better future for millions of mine workers. clause and social impact school and college students are in certification ladders that convert showed vividly how callous the The passage of the Bills also marks a significant assessment (“Oppn. lying on land grave danger of being booked under A ‘new’ Islam work experience into educational judicial dispensation was, political victory for Prime Minister Narendra Modi. Bill: Modi,” March 23). The Prime this ambivalent act. We need clarity The reality is that there is no single credentials. amenable to dark wishes. Details With the exception of the contentious Land Acquisi- Minister has also acknowledged on the Act with its provisions religion that fits all, be Rama Siva, such as the Lahore High Court tion Act, the government has now won parliamentary internally that there is a need to defined in a clear and concise way . it Islam or any other (“Towards the New Delhi refusing to be a party to the correct the “wrong perception” Hiten Jilova, birth of a ‘new Islam’, March 23). committed proceedings and a lathi approval for three of the four major reform moves regarding its clauses. Therefore, it Rewari, Haryana We fashion our beliefs in the Along with the restructuring of charge inside the court followed by initiated via the ordinance route, sending a strong is clear that he now understands crucible of our life experiences and courses and syllabi mentioned, an in-absentia trial of the accused message to political parties on the economic advantag- that the problem is about It is not as though our politicians hence each person may be training and retraining are of equal without any cross-examination, es of reforms. With the exception of the Congress, the ‘consultation’ and ‘debate’. are the guardians of truth and considered to follow a unique and great significance. The choice vividly recreated the macabre Left and the Dravida Munnetra Kazhagam, all other Parliamentary debates are fast honesty. There are instances where religion. It is also human nature to of the type of training, viz on the job happenings. It was an honest major Opposition parties had reversed their initial becoming meaningless as there have been attempts to incite believe that one’s own ideology or off the job, makes a lot of narration of history that even a politicians are often forced to toe hatred and forment communal should be adopted by everyone else difference. Online training may not historian would tend to forget to opposition to the coal bill, after seeing the enormous their party lines. If Mr. Modi wants disharmony, and all in front of the because it is superior. This be the ideal one when it comes to record so vividly. revenue potential unlocked by the auctions. This au- to examine the issue of farmers, media. In such instances, have the fallacy affects everyone skills related to manufacture, K. Rajendran, gurs well for future reform measures. why does he not send his MPs back police taken any concrete action irrespective of whether they label testing, inspection and quality Chennai

CM ND-ND YK NOIDA/DELHI 10 EDITORIAL THE HINDU WEDNESDAY, MARCH 25, 2015 Defying RTI, undermining democracy Trilochan Sastry There are a few possible remedies. One is For two years, national political parties have for political parties to be more responsible ix national parties in India, the Bha- defied the RTI Act that they themselves passed. and follow the CIC order or have the courage ratiya Janata Party (BJP), the Indian to challenge it in court. No individual party is National Congress (INC), the Nation- They have not sought legal remedy either by willing to challenge the order since it would Salist Congress Party (NCP), the Com- go against public opinion. Another remedy is WEDNESDAY, MARCH 25, 2015 munist Party of India (CPI), the Communist appealing against the CIC order declaring them to to amend the Act to clarify the consequences Party of India (Marxist) CPM and the Bahu- of defying a CIC order and arm the CIC with jan Samaj Party (BSP), have refused to com- be Public Authorities. If lawmakers defy the law explicit powers. A third is for the court to give ply with the Central Information a judgment. It will be very difficult for Parlia- Debating religious Commission (CIC) order of 2013 declaring in this fashion, it sets a bad precedent. Political ment to pass an amendment to exempt only them as Public Authorities. On March 16, parties should be more accountable if they break political parties from the RTI while retaining 2015, the CIC passed another order which in other organisations under it. It would be conversions effect said that it was helpless in the matter the law, not less struck down as being unconstitutional as an and would not impose penalty or enforce earlier judgment in fact did to an amendment he operative word in ‘freedom of religion’ is compliance of its 2013 order. Earlier, it had Before we go into the legal technicalities, only strengthen this further. Faith in law and to the Representation of the People Act (RP) ‘freedom’, and not ‘religion’. Religious con- issued summons on three occasions to the we need to look at the spirit behind these order, and where the weak and the powerful Act which exempt candidates from disclosing parties concerned to present their argu- issues. Political parties contend that they are are supposed to be treated equal is also very their assets. version is thus a matter of individual choice ments, all of which were ignored. The new not under the ambit of the Right to Informa- low. This further undermines democracy. T guaranteed as a fundamental right under the Why scrutiny? order says that penalty can only be imposed tion (RTI) and hence do not need to comply Meanwhile, the new government has not yet Constitution, and not a collective right of any religious on the Public Information Officer (PIO) and with the CIC order. They have a right to that appointed a CIC nearly a year after coming to If the CIC cannot enforce its orders it community to proselytise. What matters is not wheth- since the political parties have not appointed opinion. However, there are some laws that power. This is an effective way of scuttling the means that the RTI Act is effectively null and er such conversions are necessary but whether the them, no action can be taken. citizens may feel are unjust. For instance, the RTI Act. void. But the real issue is not only about individual is allowed the freedom of conscience and cyber law [a section of which has since been whether the CIC can or cannot enforce its The contention and reality struck down by the Supreme Court] that is Remedies orders. It is also about whether political par- free profession, practice and propagation of a religion For two years, these national parties have usually used against any citizen who puts out Coming to the specific issue, there are at ties should be under the RTI. People also ask of his or her choice provided under Article 25. Union defied a law which they themselves passed. material that someone powerful considers to least two opposing views. One says that the whether companies and NGOs should come Home Minister Rajnath Singh in calling for a debate on Nor have they sought legal remedy by appeal- under the RTI. The spirit behind the Act is religious conversion, framed his argument poorly: “Is ing in court against the earlier CIC Order that organisations that use or control public conversion necessary? Can social service not be per- declaring them to be Public Authorities. If No individual party is willing to challenge the CIC order since resources need to be accountable to the pub- such a situation is allowed to continue, it lic and open to scrutiny. The tortuous, legal formed in India without resorting to conversion?” “ raises questions. For instance if a non-gov- it would go against public opinion. red herrings that parties use — which in- Conversion may not be necessary for anyone but the ernmental organisation (NGO), company or ” cludes the fundamental right of freedom of person converting, but that is no reasoning at all individual defies the law, there are legal con- association — do not in anyway alter the fact against religious conversion. And, of course, social ser- sequences. But if lawmakers and political par- be offensive. Or the anti-sedition law. Can a CIC is indeed helpless to enforce compliance that they control crores of tax money when in vice can be performed without resorting to conversion. ties defy the law, what are the consequences? citizen defy such a law and get away with it? of its order as there is a lacuna in the law. The power. No other category of organisations has Christian missionaries have combined propagation of Let us recall that political parties come to He or she could be arrested immediately. The other point of view is that the CIC can impose that power. Applying this, the political parties power based on the people’s mandate and only remedy for him or her is to go to court. penalties on party office-bearers in the ab- definitely need to be under the RTI. Compa- religion with social service but unless cases of force or then run governments. They in turn control So, are we about to create a situation where sence of a PIO. Earlier Supreme Court judg- nies and NGOs do not have the power that fraud are proven, there can be no objection to such a people’s money, collected in the form of taxes political parties can defy the law and get away ments have said that when legal powers are parties have and often enough do not even use combination of religious and social work. True, as Mr. and natural resources. Parties are a vital part with it, without even bothering to challenge given, it is implied that the power to enforce it taxpayer money. But they should also accept Singh said, it should be possible for members of all of democracy and are trustees of people’s the CIC order in court? Democracy cannot is also given. Else, the Act itself ends up be- being under the RTI in keeping with the spirit religions to prosper in India without promoting con- resources. Therefore, they should be more thrive when lawmakers break the law. Public coming meaningless. The matter is very likely of a modern, open, democratic society. versions. But this is not to say that promotion of reli- responsible and accountable if they break the respect for political parties is already at an going to end up in court and with a judgment law, not less. all-time low and such actions by them will that will have far-reaching consequences. About transparency gious conversions is in itself wrong. That there is no If we dig deeper, the real question is this: socio-economic need for religious conversion cannot what are parties afraid of? Their apparent be used to push through any restrictive anti-conver- objection that minutes of internal meetings sion laws. Existing laws are more than adequate to of a political party — that discuss party strate- prevent forcible or fraudulent conversions. CARTOONSCAPE gy or suitability of candidates for ticket distri- bution for example — cannot be made public, Curiously, Mr. Singh used the possible changes in are excuses. It can easily be dealt with by demographic profile and character of India that reli- suitable exemptions which are in any case gious conversions would entail as an argument against available under the existing RTI Act. The real religious conversion. Any restriction on religious con- fear is exposure of their finances, as some version, whether on ground of social tension or chang- admit in private. Their declared income does ing demographics or national character, will amount to not disclose the source of about 75 per cent of their donations. Their undisclosed sources of a serious violation of the fundamental right to freedom income is anybody’s guess. Parties are fight- of religion. What is important is that India survives as a ing to keep this a secret, fighting for their very secular nation, and not that it remains a country with survival as they see it. This is a short-sighted an unchanged religious mix. As a senior Minister in the view as the recent Delhi elections have government, Mr. Singh should not have called upon the shown. Perhaps, voters are changing and ap- preciate transparency more than big money religious minorities to debate anti-conversion laws in campaigns. If party election strategists can the context he set out. Anti-conversion laws cannot be understand this or if entrenched, vested in- a means to protect religious communities, whether terests within parties can be removed, change they are a minority or they constitute the majority. It is is possible. This can only do good to the party people who need legal protection and not religions. The in the long run. threat to the idea of India is less from changes in We are at a critical point in our democracy. Today, money plays an important role in win- demographic profile than from attempts to impose a ning elections. If that changes, then people rigid, unifying ‘national’ culture. become more important than money. Let us make no mistake about what is at stake here: real democracy where political parties are not mere vote gathering machines, but are vi- brant, democratic organisations that are truly India flounders representative of the people, by the people and, most importantly, for the people. (Trilochan Sastry is professor at IIM as H1N1 spreads Bangalore and Founder, Association for Democratic Reforms.) he influenza A(H1N1) virus continues to kill people in India, although its spread is not at a Letters emailed to [email protected] must carry the full galloping pace. As on March 21, the number of LETTERS TO THE EDITOR postal address and the full name or the name with initials. T people affected was over 32,200, and the death toll in excess of 1,900. The worst-affected States Lee Kuan Yew influential invention of the last Lee Kuan Yew, also known as narcotics offenders, spitters (with ‘Supremo culture’ are Gujarat and Rajasthan. In Gujarat, the number of millennium. It was this ‘Harry’, was a stalwart and a caning), litterbugs (heavy fines) and cases has crossed 6,300 and the death toll is 410. In Today, if Singapore stands tall as contraption, he believed, that was visionary who stood apart. I had the the corrupt. With his iron will and There is a thin line between one of the world’s most bustling responsible for allowing people in privilege of being born in Singapore. learning, he mastered the art of the providing effective leadership and Rajasthan, the cases number over 6,400 and the death trade and financial centres, with its the tropics to work as hard and well Growing up in independent maximum use of power. The result having centralised power. The AAP toll is 400. The possibility of the actual numbers being conspicuous prosperity among the as those in the cooler and more Singapore was a different is there for all to see — the miracle of is not following the trend of being a much more than government data indicate cannot be comity of nations, the credit should developed world. It was such experience altogether. the most prosperous, least corrupt, party where the ‘supremo culture’ ruled out. The influenza virus circulating in the coun- go entirely to its founding father modernist folk wisdom that made When my father landed in cleanest, most harmoniously prevails; rather, it is a classic try since last year has revealed how ill-prepared India and first Prime Minister, Lee Kuan Mr. Lee more than just the architect Singapore in 1939 at the age of 17, he multicultural, and peaceful city example where the leader believes is in managing and preventing the spread of an in- Yew (March 24). An era has come to of the transformation of a swampy came with dreams in his heart and state of the world built out of what in the will of the people while taking an end with his passing. The way in post of the British colonial ideas in his mind. Starting out was a resource-poor and lazy port decisions. Mr. Kejriwal is someone fectious disease that could cripple it. The Pune-based which he effected the dramatic and enterprise to a First World city- almost with nothing, he soon city of the British Empire in the who wants to dismantle a National Institute of Virology had sequenced the hae- inspiring transformation of state. established a foothold in politics 1960s. centralised authority which is magglutinin (HA) protein. But it is not known if it has Singapore is awe-inspiring. His It also made him a veritable role and business. Being president of the A.N. Lakshmanan, evident from the fact that he relied completed the sequencing of the whole genome of the foresight and determination to model for leadership in developing Malayan Indian Congress, he soon Bengaluru on public consent even on the circulating virus strain; it had not done so till the end of carry out what he preached was countries at a time when met the young, intelligent and crucial decision of government what made him an endearing colonialism was no longer a viable enterprising Lee Kuan Yew, a Lee Kuan Yew drew admiration formation on an earlier occasion. February 2015. The Ministry of Health and Family personality for Singaporeans. One business model. His form of lawyer who had returned to from even his critics — for his One cannot take the ‘fracas’ within Welfare rubbished the results of a study published on also has to admire his policy of zero- capitalism, where the visible hand Singapore after his studies in honesty, love and dedication to the party to be symptomatic of a March 12 in Cell Host & Microbe by a Massachusetts tolerance towards corruption yet of the state operates right down to Cambridge. My father and Mr. Lee make Singapore a dynamic and collapse. Rather, it shows that Institute of Technology team that claimed three muta- combined with business-friendly the level of the individual citizenry, would both don the classic white vibrant city state. He was a good decisions have to be taken on the tions in the HA protein in the 2009 pandemic virus policies. was to become a model for the shirt and white trouser ensemble, friend of Indians and Tamils as well basis of the will of all and not a few. strain. The team found mutations in two samples de- His urban housing policies country of his ancestors, China. But which was characteristic of the and was a rare gem in South-East Shubhda Sharma, deserve special mention for the way his experiments succeeded in a city- ruling People’s Action Party. Asia. New Delhi posited last year by India in a public database. While in which they helped promote and state and not in a bigger, more Planting trees, courtesy campaigns, K. Bala Sundaram, the government continues to vehemently deny new preserve racial harmony in variegated landscape where the introducing soya bean milk in Dharmapuri On conversion mutations in the circulating virus, it has thus far failed Singapore. His stature as a shrewd muzzling of the free press and schools as part of midday meals, The questions posed by Home to support the claim convincingly. global statesman has now been political opposition could result in government subsidies on health Hashimpura judgment Minister Rajnath Singh, on A March 14, 2015 report in The Lancet makes it cemented in world history. very different repercussions. and education were his legendary The judgment on the Hashimpura conversion and social service, once abundantly clear that India has not shared some crit- M. Jeyaram, Bhagwan Thadani, steps. His ‘Two is enough’ campaign case is deeply disappointing again create needless controversy Sholavandan, Tamil Nadu Mumbai was followed; my father said he had (Editorial, March 24). The question (“Is conversion necessary for social ical information with the World Health Organization obeyed it as he had two daughters! ‘who killed our loved ones?’ which is work, asks Rajnath,” March 24). A that would help determine if the circulating strains are I remember Lee Kuan Yew having a Mr. Lee is credited with Mr. Lee also insisted on women being asked by the survivors and right to conversion is certainly the same as the two strains that have shown resistance one policy for all; the way in which transforming the tiny former having at least a degree before they victims of the massacre is very necessary because it involves the to the anti-viral drug. “We have not yet received de- he didn’t flinch from punishing an British colony into a financial started families. relevant and one that needs to be fundamental right of an individual tailed information in regard to the characteristics of American citizen for violating the powerhouse and helping it plug into Elizabeth Mathew, answered by the judiciary. The case to choose a religion of his choice laws of Singapore is legendary. A the global economy. He had a Kottayam shows that there is urgent need for a according to his conviction. He can the circulating viruses [in India]”, Masato Tashiro, simple man of selfless fascination for planting trees and time frame for the completion of even choose to be an atheist. One of Director of the WHO Collaborating Centre for Refer- determination, one of his first acts keeping the island “clean and The architect of modern Singapore inquiry, framing of charges and the fastest growing religions ence and Research on Influenza, Tokyo, told the jour- towards creating a modern green”. He was also not averse to may have passed way, but the city delivery of a judgment. through conversion today is nal. The failure to share the full genome sequence data Singapore was to destroy every law wielding the proverbial big stick to state is working. The flag is at half- A. Jainulabdeen, Buddhism, with most such with the WHO reference laboratories and/or deposit that the colonial powers had made take on his foes and seldom was mast on almost all buildings. Chennai conversions taking place in Europe. them in public databases, severely hampers global ef- for their own benefits and then there a battle where he lost. Academic institutions, businesses Nobody makes a hue and cry there. make fresh legislation to suit native N.J. Ravi Chander, and government establishments are The law of the land has to ensure A number of Europeans have also forts to study the evolution of the virus. India has no Singaporeans. He was a shrewd Bengaluru working as usual. Neither the state ‘equality before law’ and ‘equal abandoned Christianity, their national influenza policy either, to vaccinate doctors statesman and made the mother administration nor the country’s treatment of law’ but the reality ancestral religion, to adopt some and health-care workers who run the highest risk of tongues of all the nationalities on In Mr. Lee’s passing, the world has economy has suffered. The contrast seems to be diametrically opposite. other faith. contracting the infection; it only “recommends” vacci- the island nation as the national lost one of its greatest visionaries in the work ethics between India The faith of the minorities in the How does the Home Minister nation of health-care workers. The time has come to languages. He invited multinational who took the tiny country to great and Singapore cannot be starker. judiciary must be maintained if assume that social work produces companies but with strict rules on heights. Singapore has become the P.R. Ananda Murthy, democracy is to flourish. converts? If that were the case, the take influenza more seriously, especially since H1N1 salary and training. He wanted the envy of the world as it has tapped its Bengaluru Hashimpura is one example where percentage of Christians should and H3N1 have become seasonal influenza. Though city state to be the world’s cleanest, tourism potential in a clean way. He the state seems to be the have increased dramatically given Indian drug companies are capable of manufacturing hence the harshest punishment for could discipline people with strict He was a man of vision and a true perpetrator and where the judiciary the number of educational and influenza vaccines to make the country self-reliant on offenders. His formula for success measures and with few eyebrows giant of history, breaking every rule should be extra-conscious of charitable institutions they run in this count, they have no real incentive to do so in worked on merit alone. raised. His devotion and dedication and principle that the left liberals ensuring the speedy delivery of the country. Eminent members of advance in the absence of assured procurement by the C. Sethu, to the cause of people are examples would hold sacred — he curtailed justice. Political and social the BJP have been educated in Coimbatore worthy of emulation by leaders of press freedom, harshly restrained alienation of the minorities can give Christian institutions and have not government. With its arsenals ill-equipped to prevent other countries. language chauvinists, communal rise to extremism and polarisation. become less Hindu in any way. the spread, India can only hope the summer heat would Mr. Lee once famously declared the G. Ramachandran, fanatics and political dissenters, Dheeraj Kumar, S. Emmanuel, rein in the infection. air-conditioner to be the most Thiruvananthapuram imposed draconian laws to punish Ranchi Madurai

CM ND-ND YK NOIDA/DELHI 8 EDITORIAL THE HINDU THURSDAY, MARCH 26, 2015 The judgment that silenced Section 66A Suhrith Parthasarathy Apart from rejecting the state’s defences By quashing Section 66A of the IT Act as under Article 19(2), the court also holds Sec- he Supreme Court, in Shreya Sing- unconstitutional, the Supreme Court judgment tion 66A unconstitutional for its lack of exact- hal versus Union of India, has ness. It is “obvious that expressions such as stepped to the fore with a delightful shows us that with the right kind of conviction, it is “grossly offensive” or “menacing” are so affirmation of the value of free vague,” writes Justice Nariman “that there is THURSDAY, MARCH 26, 2015 T speech and expression, quashing, as uncon- possible to uncover the importance of free speech no manageable standard by which a person stitutional, Section 66A of the Information can be said to have committed an offence or Technology Act, 2000 (IT Act). Section 66A as a value unto itself within our larger not to have committed an offence.” What’s had attained particular infamy after the ar- more, according to the court, Section 66A also Victory for rests by the Mumbai police in November 2012 constitutional scheme. It must allow us to believe has the destructive effect of producing a chill- of two women who had expressed their dis- that we can now challenge the noxious culture of ing effect on speech in that it tends to not pleasure at a bandh called in the wake of Shiv merely impede speech, which is potentially free speech Sena chief Bal Thackeray’s death. Since then, censorship that pervades the Indian state undemocratic, but also innocent communi- several arrests have been made by different cation. Justice Nariman gives us a few exam- n an enlightened judgment that pushes the fron- State police, of various individuals, for the pression is not merely an aspirational ideal. It “Any law seeking to impose a restriction on ples: “A certain section of a particular tiers of laws envisaged for the regulation of the most benign dissemination of online content. is also “a cardinal value that is of paramount the freedom of speech can only pass muster,” community may be grossly offended or an- The latest in the slew of pernicious cases significance under our constitutional wrote Justice Nariman, “if it is proximately noyed by communications over the internet Internet, the Supreme Court has quashed the reportedly booked under Section 66A was the scheme.” related to any of the eight subject matters set by “liberal views” – such as the emancipation I controversial Section 66A of the Information arrest of a class 11 student in Uttar Pradesh out in Article 19(2).” of women or the abolition of the caste system Technology Act (amended in 2009) and Section 118(d) for posting, on Facebook, “objectionable” Not legitimate defences or whether certain members of a non prose- of the Kerala Police Act. Section 66A has been repeat- comments apparently attributable to a State Article 19(1)(a) of the Constitution guaran- Test of danger lytizing religion should be allowed to bring edly invoked to staunch dissent and even the mildest Minister. These arrests, aimed at checking tees to citizens a right to freedom of speech Crucially, in rejecting the state’s defence, persons within their fold who are otherwise criticism of political figures in the country. The section even the most harmless cases of contrarian- and expression. The immediately succeeding the court expounded the conditions under outside the fold. Each one of these things may ism and dissent, were made possible mostly clause, Article 19(2), however limits this right which these restrictions could be imposed. be grossly offensive, annoying, inconvenient, penalised anyone who used the Internet to send mess- by the sweeping content of the law. The provi- in allowing the state the power to impose by For instance, if speech were to be limited on insulting or injurious to large sections of par- ages that were “grossly offensive” and “menacing”, and sion, as is by now well documented, had crim- law reasonable restrictions in the interests, grounds of public order, the law placing such ticular communities and would fall within the the scope of the provisions clearly violated constitu- inalised the broadcasting of any information among other things, of the sovereignty and a constraint, the court ruled, has to satisfy a net cast by Section 66A,” he writes. There- tional guarantees of freedom of speech. The Supreme through a computer resource or a communi- integrity of India, the security of the state, test of clear and present danger. That is any fore, the provision, in the court’s belief, was Court judgment, delivered by Justices Rohinton Nari- cation device, which was “grossly offensive” public order, decency or morality, defama- information that is disseminated must con- simply indefensible; it contained no immedi- or “menacing” in character, or which, among tion, or incitement to an offence. According tain a tendency to imminently incite or create ate nexus with any of the constitutionally man and J. Chelameswar, called the section, “vague” other things, as much as caused “annoyance,” to the petitioners in Shreya Singhal, none of public disorder, and the information dissemi- sanctioned exceptions to the right to free and having a “chilling effect on free speech” guaranteed “inconvenience,” or “obstruction.” In a judg- these grounds contained in Article 19(2) were nated must be proximately linked to such expression. under Article 19(1)(a) of the Constitution and that ment authored by Justice R.F. Nariman, on capable of being invoked as legitimate defenc- disorder, for the speech to be restricted. An could not be read under the reasonable restrictions behalf of a bench comprising himself and Jus- Challenging other provisions offered by Article 19(2). By striking down Section 66A tice J. Chelameswar, the Court has now de- The judgment in Shreya Singhal however (and Section 118(d) of the Kerala Police Act on the same clared that Section 66A is not only vague and That the court has defended the Constitution’s ideals of did not concern itself only with Section 66A. arbitrary, but that it also “disproportionately “ There were other provisions of the IT Act, grounds), the Supreme Court corrects a major anomaly invades the right of free speech.” tolerance with a sense of vivacity and integrity must give us Section 69A — and its concomitant rules — in the IT Act framed to govern the Internet in the hope. and Section 79, which were also challenged by country. The right’s scope, the state’s space ” the petitioners. The first accords the govern- That said, the judgment has upheld the constitu- This verdict in Shreya Singhal is a hugely ment the authority to block the transmission tionality of Section 69A that defines the rules and important landmark in the Supreme Court’s es to the validity of Section 66A of the IT Act. analogous analysis has been consistently ap- of information, including the blocking of procedure for the government to block websites based history for many reasons. It represents a rare They also argued that the provisions of Sec- plied by courts in the United States, and, as websites, when it is necessary or expedient to instance of the court adopting the extreme tion 66A were contrary to basic tenets of a Justice Nariman points out, American judg- do so, for among other reasons, the interest of on a set of legislatively provided grounds. While the step of declaring a censorship law passed by valid criminal law in that they were too vague ments on free speech laws ought to carry sovereignty and integrity of India, public or- blocking rules are comprehensive, the lack of transpar- Parliament as altogether illegitimate. But and incapable of precise definition, amount- “great persuasive value,” in India, since, as a der or for preventing incitement to the com- ency in the execution of blocking (Rule 16 states that what’s most uplifting about the judgment is ing therefore to a most insidious form of cen- matter of interpretation, the American and mission of any cognisable offence. And the “strict confidentiality shall be maintained regarding all that it has explicated to us, with remarkable sorship. Further, in the petitioners’ Indian Constitution are not as dissimilar on second grants protection, under certain lim- the requests and complaints received and actions taken felicity, the scope of the right available to us to argument, Section 66A produced a chilling the guarantee of free speech rights, as is pop- ited circumstances, to intermediaries (web- express ourselves freely, and the limited effect that forced people to expurgate their ularly believed. sites such as Facebook and YouTube, for thereof”) is a cause of concern. Also, government offi- space given to the state in restraining this speech and expressions of any form of dis- On the purported justification offered by example) for content published by individu- cers have used Section 69A as a sledgehammer to block freedom in only the most exceptional of cir- sent, howsoever innocuous. the state on grounds of defamation, incite- als who use their platforms. The court struck entire websites for offending content, instead of the cumstances. In clarifying the balance be- The Supreme Court agreed with the pet- ment to an offence, and decency or morality, neither of these provisions down. It found the specific URLs. However, the Court did the right thing in tween the right and its narrow constraints, itioners on each of these arguments. Accord- under Article 19(2), the Supreme Court, in law in both instances to contain sufficient reading down Section 79(3)(b) pertaining to interme- the court has struck a vicious blow against the ing to the court, none of the grounds, which Shreya Singhal, is pithily dismissive. There is, safeguards against governmental abuse. Even diary liability by ruling that intermediaries such as duplicitous stand taken by the state, which the state sought to invoke in defending the the court points out, no nexus whatsoever if one were to consider these aspects of the consistently represents the right to freedom law, in this case, public order, defamation, between the criminalisation of “grossly offen- decision as detrimental, in some way, to our Google or Facebook would not be liable for illegal of speech and expression as a fragile guaran- incitement to an offence and decency or mor- sive” or “annoying” speech and the restric- civil liberties, any such concerns, at this junc- content on their websites unless they failed to comply tee at best. As Justice Nariman’s opinion has ality, each of which is contained in Article tions that are permitted under the ture, ought to only represent minor quibbles. with a court order asking for takedowns of such con- highlighted, the liberty of thought and ex- 19(2), was capable of being justifiably applied. Constitution, as is rather self evident. Far too often we are deeply critical of our tent. This should lessen the burden on intermediaries Supreme Court and its decisions. Indeed, the to decide immediately on every request for takedowns transformation that Professor Upendra Baxi referred to in the backdrop of the movement of controversial content on their websites. It could CARTOONSCAPE in the 1980s towards public interest litiga- have taken this further by striking down provisions tion, when he famously remarked that the such as Rule 3(2)(b) of the Intermediary Guidelines Supreme Court of India had at long last be- framed under Section 79, which demands that the come the Supreme Court for Indians, was intermediaries regulate content on grounds that are as tragically transient. But, in quashing Section vague and subjective (including terms such as “grossly 66A, in Shreya Singhal, the Supreme Court has not only given a fresh lease of life to free harmful”, “harassing” and “blasphemous”) as is the speech in India, but has also performed its case with Section 66A. Still, there is no denying that role as a constitutional court for Indians with this judgment is a major victory for activists and neti- considerable élan. zens in the country who have fought long and hard to Justice Nariman’s judgment shows us that overturn the draconian provisions of the IT Act. The with the right kind of conviction, it is possible to uncover the importance of free speech as a judgment strengthens democratic freedoms as a whole, value unto itself within our larger constitu- especially since the Internet today in India has become tional scheme. That the court has defended a virtual public sphere and a lively arena of discussion the Constitution’s ideals of tolerance with a and debate. sense of vivacity and integrity, and that it has provided the jurisprudence of free speech with an enhanced and rare clarity, must give us hope. It must allow us to believe that we can now challenge the noxious culture of cen- India’s sorship that pervades the Indian state. It also shows us that we do not need an American style First Amendment to achieve liberal ide- Oscars? als; what we require, as the court has demon- strated here, is a government that confirms to our own Constitution, which, when viewed in hey may come with the ecumenical name of its finest light, affords us the right to freely “National” Awards, but every time the an- express ourselves, to dissent and to oppose, to nouncement arrives, it becomes an occasion offend and to annoy, free of substantial in- T for parochial chest-thumping. “Tamil cinema terference from the state. gets 8 National Awards,” say Tamil Nadu-based news- (Suhrith Parthasarathy is an advocate in papers and websites. Publications based in the north, the Madras High Court.) meanwhile, trumpet the many wins of Haider and Queen, adding almost as an afterthought that one of the Letters emailed to [email protected] must carry the full LETTERS TO THE EDITOR postal address and the full name or the name with initials. most prestigious and major awards — for Best Actor — has gone to Vijay for the Kannada film Nanu Avanalla, Avalu. What purpose, then, do these awards serve, if Striking down Sec.66A Section, but it is for the judiciary to Singapore’s strongman infrastructure development and and even the private sector bring clarity to the section. For the nurturing of a multiracial synergise to spread awareness on not to alert us of the best of Indian cinema, make us The striking down of Section 66A example, ‘obscenity’ can be subject Lee Kuan Yew’s corruption-free society should become a source of TB control. The most efficient care about not just what our State has made and won (March 25) is in keeping with the to wide interpretations based on a authoritarian rule and liberal inspiration for India. solution is prevention, but how but what other States are making? What difference aim of making India forward person’s educational economic policies in Singapore are C. Koshy John, many know what steps are to be then exists between the National Awards and the looking and progressive, especially qualifications, the way he has been what made it become one of the Pune taken? awards routinely handed out by the various States, for as the ‘Make in India’ campaign brought up, influence of religion most favoured investment Fighting TB Sharath Chandra C., local films and local talent? This question crops up requires innovation and an and even way of thinking. destinations in the world. This he Hyderabad unimpeded flow of thoughts and Obscenity, in the IPC, is could do because of the excellent When electoral campaigns can every year, and there are no easy answers. Recognising ideas. The fact that the government described as something which is geographic location of Singapore penetrate every nook and corner of Kiwis in the final “the best” in art is in the best of circumstances a most has launched ‘Twitter Samvad’ lascivious or that appeals to the and its sturdy human resource. The the country, a subject on which I think South Africa were done in subjective endeavour. Imagine the plight of the jury (March 25), to establish direct prurient interest, which has made creation of its super infrastructure, there is much writing and analysis, by the rain in the WC semi-final members then if they have to ensure that these awards communication with citizens, the term even more confusing. a great communication system, a why cannot there be a similar with New Zealand. If they had got are handed out equitably, with no semblance of “par- itself underscores the importance How long can one go on defining pleasant living environment and approach towards serious health their 50 overs, they would have tiality”. Even the announcement of the Dadasaheb of free online communication. terms to such an extent that the even promoting the study of issues like fighting TB? TB will effortlessly made 350 plus. As it Criticism is necessary for the definition itself becomes English are what have helped continue to cause much misery to turned out in a small ground where Phalke award is not free from controversy. As beloved government to acquaint itself with problematic? Singapore possess one of the most the nation because of neglect, an the longest boundary was just 73 as Shashi Kapoor is, one wonders if there are not others public disenchantment. Anchit Mathur, powerful service sectors. Mr. Lee’s absence of empathy and lethargy. metres, New Zealand got an unfair more worthy, who have done more for the cause of Pallav Kumar, Jodhpur clear-headed thinking on It is time governments, the media advantage. I think the ICC must Indian cinema. New Delhi provide an extra day if necessary And yet, this imperfect system, it must be said, is the when there are interrupted In this era of Web 2.0, people State and Territory authorities society. Authorities at all levels matches. The sight of Morkel’s only one in the country that honours both popular expressing their favour or dissent Perils abroad place great importance on the of the Australian government tears and AB de Villiers’ wet eyes cinema and the more niche cinema. Some directors on social media about any issue is I want to respond to the safety and security of everyone are working together to bring will haunt us for a long time. have raised objections over this, claiming that popular quite natural. When it comes to assertions made in the Editorial, who resides in Australia. perpetrators to justice, respond K.M. Srinivasa Gowda, cinema has its awards anyway, and that the National young minds, they are even more “Perils abroad” (March 20, In this instance, the NSW to crimes and protect everyone Bengaluru Awards — being the nation’s biggest honour for cinema expressive. It has always been 2015), regarding law and order Premier, Mike Baird, in the community. Shooting a bear — should only be for “serious” cinema. But given the agonising to see youngsters being in Australia, particularly immediately formed a task force The Indian community is a put behind bars for even innocuous relating to the tragic death of to investigate the attack and valued part of contemporary When all countries around the size of our popular cinema, these recognitions matter. Facebook comments due to the Prabha Arun Kumar. Our committed to ensure every Australia. India remains our globe think of out-of-the-box They spur at least some film-makers to make better- vague, arbitrary and open-ended thoughts are with Ms. Kumar’s available resource would be largest source of skilled solutions to conserve nature, India quality films for the masses, and if the general film- nature of Section 66A. The family, who have suffered a made available. Our Foreign migrants, and an increasing seems to be the only country which viewing culture is to improve, then it has to be through government should now come up terrible loss. However, this Minister Julie Bishop spoke to number of Indian students are appears to be doing the opposite. films that are viewed by the most numbers, not by a with different measures by shocking crime should not be the Indian External Affairs choosing to come to Australia, The killing of a bear in the Nilgiris leveraging technologies such as used to recycle outdated and Minister, Sushma Swaraj, at the drawn by our world-class, higher (“Bear shot dead near Kotagiri,” cine-literate few. And that’s why the recognitions to advanced analytics to tackle unsubstantiated claims about earliest opportunity to assure education system. Australia- some editions, March 25) is a good “popular” films such as Queen, Haider and Jigarthanda elements misusing social media racism and the prevalence of her of Australia’s commitment India ties continue to go from example. The bear is a species that matter. In a way, this is the principle the Oscars adhere instead of grossly interfering with racial attacks in Australia. to dealing with this matter. We strength to strength, and we are is not as swift and furious as the to, recognising not just the art-house creations but also the freedom of innocent Indians. We strongly reject the are treating this crime in the confident this trend will tiger. The forest officials the blockbusters. Even if one is making a movie for the Karthikeyan Alagarswamy, assertion that Australia has same way we do others: with the continue in the future. concerned would have had enough masses, there’s something about the imprimatur of a Chennai done anything other than take a utmost seriousness. In this, and Bernard Philip, time to tranquillise the rogue committed and robust approach all other instances, be in no Acting High Commissioner, animal and it could have been prestigious awards body that makes one want to make The words ‘grossly offensive and to matters of law and order. The doubt that criminal behaviour is Australian High Commission, saved and sent to a zoo. better movies for the masses. That, really, may be the menacing character’ may not have Australian government and unacceptable in Australian New Delhi T. Anand Raj, lasting legacy of the National Awards. been defined properly in the Chennai CM YK ND-ND NOIDA/DELHI 10 EDITORIAL THE HINDU FRIDAY, MARCH 27, 2015 Reservations are not just about quotas Satish Deshpande the Indian nation, and since the modern We need to question the equation of reservation nation is supposed to be an egalitarian form he learned judges of the Supreme with the redressal of caste inequality not because of community, the Poona Pact is a compro- Court who quashed the Central mise whereby the untouchables agree to government’s notification granting reservation is no longer needed but because it is forego their demand for a nation (electorate) Other Backward Classes (OBC) sta- of their own and be part of the larger nation FRIDAY, MARCH 27, 2015 T tus to the Jat community in nine States seem no longer enough in spite of their caste exclusion. In short, to have had an easy job. The court reached reservation is intended to be the response, the obvious conclusion given that the im- against reservations that pervades the public make sense of objections such as: How long from a nationalist movement led by the up- pugned notification was passed the day be- sphere is based on three equations or confla- will reservations continue? Why is caste and per castes, to the bitter truth in Ambedkar’s For India, fore the announcement of the 2014 general tions, all of which are encouraged by this not economic need the criterion? And of poignant statement: “Gandhiji, I have no election, that it was opposed by the National court judgment. forms of protest, such as a symbolic polish- homeland.” Commission for Backward Classes (NCBC), The first is the equation of a specific case ing of shoes and sweeping of streets by youth a bridge too far and that the government’s legally dubious such as that of reservation for Jats — which wearing stethoscopes or lab coats that reser- Beyond welfare overruling of the NCBC was not backed by the court has rightly rejected — with the case vation provokes from the upper castes. From this perspective, reservation cannot nd so it ended, not with a bang or a whimper, compelling evidence. But while the oper- for reservation as such. The second is the From such a vantage point, it is impossible be equated to this or that welfare benefit, but something in between — India’s reign as ative part of the judgment is beyond re- equation of the larger issue of redressal of to see that the true origins of reservation lie since it is intended to be something incom- proach, its comments on caste and caste inequalities with a single policy — that in a promise of good faith that forms the core parably larger — the promise of full citizen- world champion. In the sort of life-comes- reservations are cause for concern. of reservation. The third is the equation of of the social contract on which our nation is ship. The degree to which this promise is A full-circle moment that cricket so often pro- reservation with a welfare programme, and founded. Reservation is a pre-Independence fulfilled automatically decides the duration duces, M.S. Dhoni’s men were ejected by the team they Prejudice against reservation it is the most pernicious and complicated of policy inaugurated by the Government of of the policy. Reservation should cease to had dethroned in the quarter-finals of the 2011 World Though they are neither quite obiter dicta the three. India Act of 1935, which created the sched- exist from the day that discrimination, op- nor simply wrong, the court’s opinions rein- ules listing so-called Scheduled Castes (SC) pression and gross inequalities based on Cup — Australia. A chase of 329, subjected to the Perception and social contract constricting pressure knockout matches exert, was a force, rather than question, the misleading and Scheduled Tribes (ST). The policy itself caste cease to exist, because all castes would half-truths of common sense. Towards the In the upper caste imagination, reserva- is the outcome of the Poona Pact between then have full citizenship. Note that such a tall task; no team before Australia on Thursday had end of their judgment, Justices Ranjan Go- tion is indelibly branded as a welfare pro- Gandhi and Ambedkar, in which the latter policy is not about “historical wrongs” in the crossed 300 in a semi-final. A margin of 95 runs sug- goi and Rohinton F. Nariman expand on gramme giving handouts to a set of was forced to withdraw the claim by un- dim past, but about contemporary forms of gests a thumping. There is some truth in it, for India their ratio to make two assertions. In para- caste inequality, and that replacing caste was outgunned, but this wasn’t a performance without graph 53, they argue that while “caste may be with economic criteria misses the whole fight or character from the defending champion. After a prominent and distinguishing factor for While the operative part of the judgment quashing the point of caste discrimination that exists in easy determination of backwardness of a so- varied forms across all classes. Wider accept- Australia won an important toss and threatened to put “ cial group”, such determination must not be government's notification granting OBC status to Jats is beyond ance of this interpretation of reservation is the contest beyond its opponent, thanks to a masterly made “solely on the basis of caste”, and that reproach, its comments on caste and reservations are cause for blocked not only by the natural antipathy of 105 from Steve Smith, India pulled things back. The identifying the “most deserving” groups the upper castes, but also by two other diffi- bowling and the fielding, which have seen such dramat- “must necessarily be a matter of continuous concern. culties. evolution,” requiring the state to look be- ” The first stems from the need to convert ic improvement since the horrors of the tri-series, came together between overs 38 and 43. Dhoni’s cap- yond caste. This is followed in paragraph 54 the abstract promise of full citizenship into with the declaration that backwardness can- caste-marked “beneficiaries”. From this per- touchable castes to a separate electorate in concrete reality, a conversion that inevitably taincy was sharp, attacking. But Australia wrestled free not be a matter of perception, and then the spective, those who receive this benefit — the return for guaranteed representation in the requires specific entitlements to be created in the final few overs. India’s pursuit had its moments: baffling assertion that it cannot be deter- “reserved category” — are deviant excep- legislature and the broad assurance that the for specific castes. This in turn encourages when Shikhar Dhawan was at the crease and when mined by “social, economic and educational tions who fall outside the normal or ‘general nation, represented by Gandhi and the Con- already prejudiced observers to equate the Dhoni and Ajinkya Rahane were soaking up pressure, indicators” either. Taken in conjunction category’ of caste-less citizens which consti- gress, would do everything in its power to policy with material benefits unjustly the faith of those who believe in miracles could not be with the striking example of transgenders as tutes the nation. It is this caste-less nation end untouchability and caste discrimina- awarded to an undeserving interest group shaken. But chases of over 320 demand a big hundred a group deserving special consideration that gives reservation to certain castes to tion. Thus, reservation is a fundamentally freeriding on the populist compulsions of (paragraph 53), these assertions are likely to compensate for the “historical wrongs” done political promise made in acknowledgement electoral politics. The second difficulty has from a batsman in the top five. On the day, against fuel the dominant prejudice against to them in the distant past, and to help them of the fact that caste literally excludes size- to do with the deep intermeshing of the so- high-quality pace bowling, it was not forthcoming. reservation. overcome their backwardness. Only when able communities from Indian society. Since cial and economic dimensions of caste dis- But in sport there is no shame in losing to a stronger The powerful upper caste prejudice reservation is understood in this way can we independence is demanded in the name of crimination and the related conundrum of opponent. India surprised many — but not itself, evaluating the empirical and legal similar- claimed Virat Kohli before the semi-final — with the ities and differences among the SCs, the STs and the OBCs. quality of cricket it played. Very few who followed the team through the Tests and the tri-series Down Under, CARTOONSCAPE For a rethink where not one win came, foresaw an unbeaten run to To cut a long and complex story short, the the semi-finals. But Australia in Australia remained a key issue here is that of framing and contex- bridge too far. Michael Clarke’s men had the ability to tualisation. It is certainly true that the reser- hurt India in a variety of ways — not least in the field, vation policy as it exists today is deeply flawed and in need of radical rethinking. But where two direct hits late in the innings ended the this rethinking needs to be framed against longest of long shots. Kohli’s wicket earlier was vital, the vital need — more urgent today than ever for he has an excellent record in chases. Australia had before — to confront the ugly reality of con- clearly planned for him, bowling wide and frustrating tinuing caste discrimination, oppression and him before springing a short ball. With Mitchell Starc exclusion all along the hierarchy. We need to question the equation of reservation with having five overs up his sleeve for the batting Power- the redressal of caste inequality not because play and the death overs, Clarke had all bases covered. reservation is no longer needed but because Australia will begin Sunday’s final in Melbourne as the it is no longer enough — we need to do much favourite in a home game. But in New Zealand, it faces a more to tackle the resilient mutations of tough challenge. Under Brendon McCullum, the Kiwis caste prejudice. And we must react to the have played sparkling, intelligent cricket, both glad- misuse of reservation (as in the Jat case) as we would to malpractice in any other vital dening the heart — except South Africa’s, which it area of public policy. For example, the prop- broke — and engaging the mind. When the two met er response to corruption in defence pro- earlier, New Zealand edged a suspense-filled thriller by curement cannot be to dismantle the one wicket. If the final turns out to be anything like that defence sector itself. game, the World Cup will have a memorable capstone. Two days after it reported the Jat judg- ment, this daily had a report (March 19, 2015) with the heading, “Caste determines spending on food, choice of work: NSSO,” but few readers would have made the con- nection. The problem with caste today is that An embarrassing most of the people who matter don’t get it because they think they don’t have it. (Satish Deshpande teaches sociology at stance Delhi University.) arlier this week, India voted alongside China, Letters emailed to [email protected] must carry the full Saudi Arabia and Pakistan in favour of a Rus- LETTERS TO THE EDITOR postal address and the full name or the name with initials. sian resolution limiting benefits to same-sex E couples. United Nations Secretary-General the issue of defamation at multiple enact legislation to replace Section national waste of time.” And, when the Indian state to protect its Ban Ki-moon, an outspoken defender of the rights of Stand on Land Bill levels (Editorial and “The 66A lest the cyber world and social he was asked what he would do to citizens and not ship them to other sexual minorities, had extended benefits available to The BJP-led NDA government is in judgment that silenced Section networking turn murkier and make India a Singapore if he countries. spouses of UN employees to same-sex couples. Russia an unenviable position and on a 66A,” both March 26). It is true dirtier. became the Indian Prime Minister, Gaurav Singhal, moved a resolution that would allow national law to sticky wicket as it does not have the that certain State governments, C.V. Venugopalan, his immediate reply was: “India is New Delhi override this extension, and India supported it; the requisite numerical strength in the especially in the recent past, have Palakkad almost 300 times the size of End of a dream run resolution was, however, defeated. On this occasion Upper House and is also being been intolerant of critical views Singapore. You need 300 Lee confronted by a united Opposition and have used their powers to Singapore's founder KuanYews to change India.” Cricket is a game of glorious officials have been at pains to stress that the issue was which does not want to allow the silence dissent. Against such a With the passing of Lee Kuan Yew, M.J. Prasad, uncertainties, yet the performance one of sovereignty, not of gay rights. This is hard to passage of crucial Bills without a backdrop, the judgment is the world has lost a revolutionary Chennai of Team India against Australia, in believe; in September 2014, India was one of the few fight (“Centre makes it clear: no welcome. But there are instances architect. He was, without doubt, the semi-finals of the ICC World countries to abstain from a historic vote on violence going back on legislation,” March where public space on social media the architect of modern Singapore. Nussbaum interview Cup 2015, was devastatingly and discrimination again sexual minorities. Highlight- 26). The only option left before the has been used to defame and Mahatma Gandhi’s quote, ‘Be the Martha Nussbaum’s views are disappointing in all departments of government is to hold meetings intimidate people, especially change that you wish to see in the needed in the Indian context the game. The loss, by 95 runs, has ing India’s increasingly embarrassing isolation on an with Opposition leaders, elicit women. One wonders whether the world’, doggedly fits in with this where we face various social left the hearts of millions of cricket issue on which there is global consensus, that of the their suggestions and break the judgment should have made a legendary man who shaped the problems (“‘For a politics of enthusiasts back in India bleeding. universality of sexual rights, the resolution was adopt- impasse. On its part, the distinction between ‘critical views’ country almost single-handedly. humanism’,” March 26). She is K.R. Jayaprakash Rao, ed. Globally, India is now in the minority, one of only 76 Opposition has to come up with expressed on political lines and He was an autocrat but certainly right in saying that “People are not Mysuru countries that criminalise same-sex relationships. In- useful suggestions that can help defamation attempted on not a despot or a dictator. born criminal by nature, or only a dia’s votes at the UN are in line with its domestic laws, mitigate farmer sufferings such as individuals given our cultural N. Visveswaran, very tiny number of psychopaths India’s exit from the World Cup is a greater compensation and sensitivities regarding the dignity Chennai are. Most crime is bred by despair bitter pill to swallow. The collapse since the colonial-era Section 377 of the Indian Penal employment to one or more family of women. and social marginalisation.” The of the top batting order is Code criminalising unnatural sex — which has been members who have lost their land S.A.Thameemul Ansari, Lee Kuan Yew proved that it is not death penalty is no solution to especially hard to digest as the interpreted to cover consensual homosexual relation- holdings. There is always a way out Kayalpatnam, Tamil Nadu the West alone that has the right to prevent such crimes. We must Sydney ground is a batsman’s ships — remains on India’s statute books. A plea that of any problem. inspire the world when it comes to respect the dignity of every paradise. India should have played detailed police harassment of homosexuals and the H.P. Murali, The move is welcome, but it is too sound infrastructure, the highest individual and ensure that most with more caution considering its challenges to HIV prevention that the ghettoisation of Bengaluru risky to live with a cyberspace that quality of middle class life one can social, economical and record in Sydney in the last 35 is lawless and where social media is expect, and even the lowest degree psychological needs in a society are years. Australia, on the other hand, gay men posed cleared the Delhi High Court hurdle but Though the government has every free. The development shows that of corruption. His critics may be met in order to cut down the rate of showed its great cricketing not the Supreme Court. Review petitions have failed; right to pursue the ordinance provisions under the existing law uncharitable in describing him as a crime. prowess; its batting was consistent only a curative petition is before the Supreme Court. route, it should not be hasty as far are more than effective in dealing “dictator running a welfare state” Saurabh Srivastava, and Smith’s brilliant century laid The apex court can and does come to the rescue of as the Land Bill is concerned. It with violations and that there is but I feel this title is totally justified New Delhi the foundation for Australia’s citizens faced with unconstitutional laws and policies, must make every sincere effort also a need for a comprehensive as he brought in a discipline that convincing victory. possible in order to reach an new law on the freedom of needs to be present in any country Land swap Ramachandran Gururajan, but the ultimate blame for India’s retrograde stand on amicable understanding with the expression with a long-term vision. in order to make citizens conscious If one reads the article, “Land Chennai homosexuality must lie with its elected representa- Opposition and in the larger T.K. Abdul Razack, of their rights and duties — swap: can a deal be clinched?” tives, who could have acted to strike off Section 377 interests of the farming Kozhikode something which is totally absent (March 26) correctly, the Land Australia has arrested cricket fever from the statute books. Gay rights are human rights community as a whole. Parliament in India. Boundary Agreement maintains in India by bundling out the Indian and India cannot pretend to be a democracy when it is the right platform to debate the The Supreme Court has struck Ayush Verma, that residents of ‘India’s Enclaves’ team for whose win cricket fans refuses to recognise the existence and choices of a issue. The Land Bill needs to be down the section as “it invades New Delhi within Bangladesh will become and even the media seem to have debated thoroughly and every right to free speech ... every ‘Bangladeshis’ and those in gone overboard, with meaningless significant minority of its population. Indian law has aspect looked into. The expression used in it is nebulous”. Having lived in Singapore for a Bangladesh will become Indians. debates, panel discussions and been marked by its commitment to full safeguards government must also bear in Almost everyone seems to heartily number of years, I know how much How can the government deprive even prayers. Had India won the against the trampling by majority groups of the rights mind that several issues like the welcome this seemingly refreshing Mr. Lee toiled to build the its own people of Indian cup, we may have even declared it a of minority social groups. The natural progression of a Women’s Bill, the Anti-Corruption move. However, there are quite a Singapore that one sees today. citizenship? How can officials national holiday, Parliament would democracy’s expanding definition of freedoms must be Bill and election reforms are long few sceptics who consider this as When asked why he was stepping sitting in Delhi decide the future of have glorified the ‘cricket warriors’ pending and that there has to be a “dangerous”. It was precisely down from the Prime Minister’s people who are legally Indian and Bharat Ratnas may have been reflected in its recognition of sexual minorities, as most strategy on all these as well. Section 66A of the IT Act which post, especially at a time when citizens? I am sure that these announced, forgetting our of the world has already done. That the United Progres- T.V. Nageswara Rao, allowed many to live with honour Singapore was doing well in the residents can seek legal remedy to miserable position in other sive Alliance could not find the moral courage to set Visakhapatnam in the cyber world and in a society world economy, he said, “The time address this gross violation of their sporting disciplines. right this historical wrong should not stop the National Silencing Sec.66A ruled by social networks such as a person chooses to leave should fundamental rights. While the Cricket is a whimsical game of Democratic Alliance from writing a new future. The Facebook. Now that this Section is result in the question ‘why are you government can go ahead with the chance and is unsuited to India new government appears to care deeply about how it is Though the Supreme Court off, there is nothing to prevent leaving?’ rather than ‘Why don’t LBA, it should give the residents of given its impact on precious time, judgment is apparently influenced possible defaming, false you quit?’” Indian enclaves an opportunity to money and energy. We need to look perceived overseas. It should then recognise that its by the impact of the provisions of accusations and ‘character When asked why cricket was not get back to India and also take up at our cricket mania in perspective. regressive stance on gay rights would militate against Article 19(1)(a), I feel it lacks the assassination’ by cyber-savvy popular in Singapore, he said, “Any responsibility for their relocation Y.S. Kadakshamani, its aspirations to be seen as a modernising society. perspectives required to address miscreants. Parliament should game played during day time is a and transportation. It is the duty of Madurai CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU SATURDAY, MARCH 28, 2015 For a renaissance in Indian S&T Pushpa M. Bhargava that they are dealt with appropriately in the The apathy of successive Central governments Indian context. o one would doubt that science towards science and technology continues in We must also ensure that the cultivation and technology (S&T) are an in- of a scientific temper does not exist merely trinsic part of the socio-politico- numerous ways. The premier national scientific on paper but finds life and expression in economic fabric of our society, practice. All actions that the government SATURDAY, MARCH 28, 2015 N yet the cold fact is that the Bharatiya Janata agencies have been made to languish, and no effort takes or supported by the people must be in Party-led National Democratic Alliance gov- line with scientific temper. ernment has paid scant attention to science has been made either to formulate a national S&T We must take a stand on those clauses of in particular, which has been the basis of all the General Agreement on Tariffs and Trade Not a zero-sum technologies that have transformed lives policy (GATT) and the Agreement on Trade-Relat- through history. This is not to say that the even Current Contents leave alone other sci- largest metropolitan cities. Yet, its output of ed Aspects of Intellectual Property Rights United Progressive Alliance government did entific journals as there is no money. I know all basic research outpaces that done in most (TRIPS) which have a scientific component game better. Let me look at the new government’s that the ICMR cannot even pay appropriate of our 280 national research institutions. and which are not in India’s interests. This apathy towards S&T, exemplified in these travel allowance to those attending its meet- One only needs to analyse the citations of the would involve utilising existing provisions in ith his state visit to China just weeks after ways: ings. I have not seen such situations arise in scientific work done in the two countries and these agreements to our advantage and pass- Prime Minister Narendra Modi’s trip to No direction my scientific career spanning over six dec- follow the worldwide technological impact ing appropriate pieces of national legislation ades. The resource crunch that S&T labs face of Israel’s work to understand what I am and seeking changes to specific provisions at Sri Lanka, President Maithripala Sirisena Three of the leading scientific agencies in today is something unknown and is painful. trying to highlight. the international level. This was dealt with W appears to be trying to balance relations the country have been without a head for For a viable policy There must be a recognition of the differ- in an article in this daily (February 20, 2002) with the two countries that have the greatest influence various periods. The Council of Scientific ences between science and technology. For titled “Patenting India’s interests”. in the island nation today: India and China. Since taking and Industrial Research (CSIR) has been No effort has been made to formulate a this, one can refer to Science and Technol- There must be a definitive but liberal pol- charge, several decisions by Mr. Sirisena’s government without a regular director-general since Ja- national S&T policy., especially when the ogy Policy in the 1980s and Beyond, 1984. icy on providing venture capital for start-ups have given China cause for concern, in particular the nuary 2014; he/she would also hold the posi- country needs a framework and a statement The use of validated, indigenous, tradi- in new areas of technology. This must be tion of Secretary, Department of Scientific & on such a policy. It also needs a document tional knowledge hardly needs emphasis. through government-funded agencies such suspension of the $1.4-billion Colombo port project. Industrial Research. The Indian Council of that would clearly and unambiguously state For example, traditional knowledge in the as the Industrial Credit and Investment Cor- His government has said it would re-examine Chinese Medical Research (ICMR) has been without a workable way to implement this policy. area of water conservation has been well poration of India and the Industrial Devel- projects signed by the previous Mahinda Rajapaksa a director-general since March 1, 2015; he/ Once this is done, one must then identify documented by the Centre for Science and opment Bank of India. regime, while on the strategic front Foreign Minister she would also be the Secretary, Department our unqualified successes in the fields of sci- Environment (CSE) in Delhi. Where used, as The mechanism governing the release of Mangala Samaraweera announced that Chinese nuclear of Health Research. And, the Defence Re- genetically engineered organisms is unsatis- search and Development Organisation factory and ineffective. Similarly, infertility submarines would no longer be welcome to dock in Sri (DRDO) has been without a director-general clinics have mushroomed in the last decade Lankan harbours, even as Sri Lanka ups maritime coop- — he/she would also be the scientific adviser Working out a policy for basic research where all worthwhile and may be responsible for an infructuous eration with India. Sri Lanka also signed its first nuclear to the Defence Minister — since January 14, ideas“ that would allow India to become a leader in basic expenditure of several thousand crores of agreement with India, albeit one that envisages nuclear 2015, when the person-in-charge was re- research should be pursued with vigour. rupees every year, besides creating ethical safety operations and not energy generation at present. moved. Between them, these organisations ” problems. I advocate appropriate and work- All these moves, capped by Mr. Modi’s visit to Sri Lanka, oversee 120 out of some 280 national S&T able regulatory mechanisms in these two institutions. Till recently, another leading areas. sent out a clear message of India’s importance in Sri scientific agency, the Department of Science ence and technology since Independence in Rajasthan, the excellent results are there There must be an emphasis on national Lanka’s external relations. Having assuaged India’s and Technology (DST), was also without a and give their reasons so that one knows for all to see. Yet, in contrast, is the way in security which would include sustainable concerns, Mr. Sirisena seems to be shifting his focus to head for quite some time. The post of Secre- what one has to build upon, and also identify which our numerous, tribal, plant-based, development and a factoring in of interests China, and smoothing feathers ruffled by his govern- tary, DST, was filled only recently. our failures and their reasons. We can then traditional medical formulations, for which in conservation, food, ecology, social securi- ment’s actions there. If his decision to suspend the In addition, several premier research and know what needs to be taken care of in fu- substantial social validation exists, have not ty (including health), and defence. Colombo port project was timed days before Mr. Modi’s development (R&D) laboratories function ture. even been documented. An example of social A forecasting system which would enable without a regular director, examples being At this point, I would like to give the exam- validation in this area is the regulation of one to project socio-economic-political sce- visit to Colombo, he has chosen his meeting in Beijing to the Tata Institute of Fundamental Research ple of Israel and highlight the quality and conception in the Nicobar Islands. narios against the background of develop- announce that the suspension is “temporary” and that in Mumbai, and the Indian Agricultural Re- worldwide impact of basic scientific research New links ments in science and technology on a the contract is expected to be reinstated shortly. search Institute in New Delhi. done there. As an independent nation, Israel continuing basis is a must. However, the more important message from Presi- There is more. The last Union Budget has existed for about the same period as The documents must also recognise and Basic research dent Sirisena’s meeting with President Xi Jinping is on speech had virtually no reference to science. India has. Unlike India, it has had to start identify new linkages that science has come Personally, I am aware of the erosion of from scratch. It did not inherit natural re- to establish with areas such as economics, Working out a policy for basic research China’s future plans in the region. At the Boao Forum, excellence built painstakingly over the years sources like India did. There is just one res- sociology, politics and law; deal with the new where all worthwhile ideas that would allow President Xi was unveiling the road map for China’s in laboratories such as the Centre for Cellu- ervoir of fresh water, the Sea of Galilee. Its ethical questions that have arisen as a conse- India to become a leader in basic research Maritime Silk Route and Silk Road initiatives, that lar & Molecular Biology (CCMB) in Hyd- entire population is much smaller than the quence of advances in science and technol- should be pursued with vigour. Second or envision massive infrastructure projects in India’s erabad. Its library can no longer subscribe to population of even the smallest of our four ogy, and work out strategies which ensure third-rate research that is repetitive or a neighbourhood, along with help from the China-led trivial follow-up of leads provided elsewhere Asian Infrastructure Investment Bank (AIIB), which he in the world must be discouraged. This will ensure that the quality-to-quantity ratio in discussed with Mr. Sirisena. Mr. Xi has also suggested a CARTOONSCAPE the country in respect of basic research goes possible ‘triangular’ dialogue among India, China and up by at least two-orders of magnitude in the Sri Lanka. It would be a mistake to assume, as some in next two decades. India do, that these talks could be viewed as a threat to Areas that relate to technology where the India, or a zero-sum game. Instead, each of these is an country would lay special emphasis in the next two decades must be identified. These acknowledgment that India is now the ‘elephant in the could be in space technology, energy (espe- room’ when China engages one of its closest neigh- cially renewable sources of energy, and in- bours. Furthermore, India must welcome the offer of creasing efficiency in the use and the trilateral that has been suggested by both Colombo conservation of energy), new materials, bio- and Beijing, while keeping its own bilateral relations technology (including marine biotechnolo- with both on a steady course of progress. Such magna- gy), information technology, microelectronics, computers, nanotechnol- nimity may seem naive to many, but will go a long way in ogies, artificial intelligence, automation and assuring Sri Lanka that it does not have to choose robotics, meteorology, and disaster preven- between its natural affinity and proximity to India, and tion and management. China’s affluence and interest in its progress. As a rising An incident in the past comes to mind. In power, India must also learn to be a secure one. 1982, the first robot in the country was pro- duced by a private science society, the Hyd- erabad Science Society, which was founded in 1948; it received rave reviews and was met with applause when first demonstrated to Twitter the public. However, the society, which has an excellent record of public service, has faced problems, some of which affect its sur- vival. Such a situation would never have evolution been allowed to happen or even arisen in Thailand, Singapore, Malaysia and South hen Prime Minister Narendra Modi re- Korea, leave alone Japan, the United King- cently launched Twitter Samvad, a service dom or the United States. that allows people to receive tweets by Finally, our national science academies W government leaders and agencies as text must be made socially accountable. I hope all these points will help usher in ‘Achche Din’ messages over mobile phones, it was a striking testimo- for Indian science and technology and make ny of how quickly the social media has evolved to a eminent sense to our political masters. position of being perceived as a communication chan- (Pushpa M. Bhargava is former nel for the officialdom. The San Francisco-based Twit- Vice-Chairman, National Knowledge ter, which was not even around a decade back, made its Commission and Chairman, Council for name when it became an invaluable tool for those pro- Social Development, southern regional centre.) testing against the regimes in Iran and Egypt to orga- nise themselves. These protests, which took place at the Letters emailed to [email protected] must carry the full dawn of the social media age, even came to be referred LETTERS TO THE EDITOR postal address and the full name or the name with initials. to as the “Twitter Revolutions”. This was not a deliber- ately cultivated tag. In fact, as the book Hatching Twit- unaware that such benefits prevail rustic society around me 50 years certain groups funded by foreign prompting the airline’s anguished ter states, the social media network’s co-founders Ratna for Vajpayee and continue to live in darkness. ago and the camaraderie and donations to further this cause. chief executive to say that “no wanted to steer clear of such a narrative. One of them is That former Prime Minister Atal The government should constitute closeness between my very The distrust in our country is security system in the world could quoted as saying, in the backdrop of the protests in Iran, Bihari Vajpayee was conferred the a committee to study the needs and orthodox family members and largely because of the zealous have prevented the co-pilot’s “We are not standing with, or against, the protesters. Bharat Ratna by President Pranab the neglect of this second section those belonging to other activities of a few missionaries and action” (‘International page’, We just love this use of Twitter.” And this logic contin- Mukherjee, at Mr. Vajpayee’s and come up with a better policy. communities. In those times, your evangelists whose main business/ March 27). We can take heart by ues to hold true even today, when Twitter has about half residence, and in a departure from Nitin Chauhan, best friend, closest neighbour, ideology is conversion. recalling the safe landing of a flight protocol, is refreshing. It is an Noida greatest teacher and favourite Development must be the agenda. in India by the copilot when the a billion registered users. undisputed fact that Mr. Vajpayee shopkeeper were invariably from Ramdas Naik, captain could not re-enter the In a slightly more evolved social media environment, is the bhishma-pitamah of Indian The solution to the problem of other communities; something you Chennai flight deck due to a jammed cockpit where users have lots of choices, it does make business politics. Whether it was countering caste discrimination is considered never even thought about or ever door or from a British Airways sense to tap sources with high user-volumes. Mr. Modi the heat of sanctions imposed by a greater nuisance than the noticed. All religious rituals were The reign ends copilot landing the plane safely is someone who understands the power of the social the U.S. and its western allies in the problem itself. As the writer says, pure and free of ill-will or rancour. Australia pulled out all stops in its after the captain had a heart attack. media, having used it extensively in his successful elec- aftermath of the Pokhran II instances of misuse of reservation K. Parameswaran, convincing victory over India in Whatever be the mode of travel, by nuclear tests, building bridges with cannot pave the way for a Bengaluru the World Cup cricket semi-final air, sea, rail or road, travellers can tion campaign of 2014. Also, in India SMS works better. a difficult neighbour, Pakistan, and dismantling of reservation (March 27). The result may have only remember Lord Nelson at This is because, while mobile phone usage has increased the successful management of the altogether. One also cannot deny I appreciate the writer’s point of disheartened millions of Indian Trafalgar and expect that every exponentially over the years, Internet access is still an Kargil crisis, his statesmanship has the fact that the discrimination and view and that conversion really cricket fans, but one should agree man will do his duty. issue. The flip side, however, is the uneasiness that been acclaimed and acknowledged suppression of SCs and STs still needs to be understood for what it that cricket is a game of great George Cheriyan, usually marks relationships between governments and by the international community persist. The recent incident of is. However, I am a bit pained by uncertainty. Judging a cricketer’s Chennai and his political adversaries. The caste Hindus doing something the fact that her first reference to performance from a single match media of any kind. Governments are important for the fact that leaders across the political unmentionable to a Dalit is an the Muslim community is with the does not mean that the future of Rajasthan’s move media both as a source for stories and for business. In spectrum have welcomed his being example. Those on the sidelines word ‘moderate’ Muslim as if the the Indian team is on the wane. The WHO and UNICEF state that the case of the social media, there is an added dimension conferred this award is testimony need to be treated as equal citizens Muslim community is a society of Pula Ramesh, human milk should be the first of censorship. Twitter knows it better than many other to this. and brought up in the hierarchy. extremists where moderates are an Hyderabad alternative for an infant when it is organisations, having had a love-hate relationship with B. Suresh Kumar, P.K. Indira Priya, exception, and where they need to not possible for the mother to governments across the globe. In extreme cases, as in Coimbatore Chennai be described separately. Most The quality of debate in the media breastfeed (“Rajasthan govt. opens Muslims do not agree with the view just after the loss was shameful and mother’s milk bank,” March 27). China, Twitter is blocked from public access. In some On reservation Reservation solely on the factor of points of extremists who have gone deplorable. Accepting defeat With wet-nursing not always a other countries there are frequent requests for take- Today, the general situation, the economic criteria will not be beyond the point of making any gracefully is something the Indian viable option, the bank can be a downs and user information. According to Twitter’s numbers and the status of reserved effective in tackling issues sense to anyone. media can never do. In hindsight it boon for India, a country which latest Transparency Report, the Indian government categories, their demands and concerning caste inequalities. Zayan Asif M.P., is easy to ask questions and have suffers from a high maternal and made 41 user information requests in the second half of their needs have undergone a Socio-economic criteria could be a Paral, Mahe TV anchors ask bizarre and absurd infant mortality rate on account of drastic change (“Reservations are better tool in evaluating the need questions. But bullying the captain the poor health conditions of 2014, compared to 16 in the first half. There might be not just about quotas,” March 27). for reservation. The article was a very candid and players in the most crude women. little that is wrong when this pertains to security-relat- Reservation is used by the majority Pawan Kumar, account of the conversion issue. manner possible is uncalled for. There are already framed ed issues. But Internet companies are usually in a di- to influence politics. There have New Delhi While many broad-minded and The two top teams have made it guidelines for human milk banking lemma over how to treat such requests. At least one also been segregations of the Being Christian in India forward-looking Christians have to the finals. Let us accept that. which need immediate irritant relating to social media usage in India might reserved — into those who enjoy acknowledged the issue and the Ram, implementation in order to tackle have gone, quite coincidentally on the same day this the benefits of reservations and The article, “Being Christian in social, communal disharmony Chennai the risk of transmission of pass on those benefits to future India” (March 27), is one of the caused by this, it is a reality that communicable diseases from service was announced, on March 24. That was also the generations — even though they most candid ones on the subject. As they do not want to take on their Flight crash in Alps unregulated sources. day the Supreme Court struck down the controversial now have access to all the one who was born and brought up superiors on this. It is also candid The Germanwings flight appears to Ankit Garg, Section 66A of the Information Technology Act, 2000. resources — and those who are still in Kerala, I vividly remember the that the writer agrees that there are have been deliberately crashed Ghaziabad CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU MONDAY, MARCH 30, 2015 The ‘greatness’ of a ‘landmark’ judgment Peter Ronald deSouza read independently of the intentions of The judgment quashing Section 66A of the IT Act those who administer it. And, second, the eading the judgment, one is tempt- is a landmark judgment, but for its other sections court distanced itself from the common per- ed to ask this question: Is it a land- ception that it normally acts in a govern- mark judgment or just a great one? and not those specific to free speech. What was ment-friendly manner. The court is friendly To appreciate the difference be- only to the Constitution. MONDAY, MARCH 30, 2015 R tween “great” and “landmark”, it is neces- offered by the bench as supporting props for the sary to begin with some very fine As public educator distinctions. A great judgment is one that main issue, i.e., the striking down of Section 66A, On its role as a public educator, the Court restores the constitutional values of a polity chose to place at great length the written Towards from the waywardness into which it may are the key clauses. They diminish the arrogance submission of the Additional Solicitor Gen- have fallen, while a landmark judgment is of government, resurrect the principle of limited eral with the following words: “It was argued one which opens up new directions in our by the learned Additional Solicitor General safer skies constitutional thinking and, in the process, government, and reinstate the ‘genuine’ rule of law that a relaxed standard of reasonableness of adds new dimensions to what are regarded restriction (emphasis mine) should apply re- he Germanwings Airbus A320 crash in the as established constitutional principles. If tween the print and digital media, or rather based on the assurances of any regime in gard being had to the fact that the medium of French Alps that killed 150 people including “great” restores the centrality of constitu- between the old mainstream and the new power. The law cannot be based on even the speech being the Internet differs from other tional values, “landmark” revitalises them. social media. It appears to accept this dis- bona fide intentions of a government and has mediums on several grounds. To appreciate the co-pilot who was responsible for it, raises a For many commentators, the judgment — tinction on quantitative grounds, i.e., how to exist independent of these intentions. The the width and scope of his submissions we T difficult question for the aviation industry: striking down as unconstitutional Section many people can be reached and how fast, second is the role the judgment performs in are setting out his written submission verba- can it determine with finality that a pilot is fit in all 66A of the IT Act of 2000 — by the Supreme rather than on qualitative grounds, i.e., what educating the public about the government’s tim” (paragraph 27). This is a brilliant strate- respects before a flight? Despite the rigorous physical Court Bench of Justices J. Chelameswar and is being said. This is an untenable distinction mind by placing the key aspects of the gov- gy to educate an engaged public on the and psychological testing processes in place, that may R.F. Nariman in the Shreya Singhal case, is especially in the digital age when we have ernment’s submission in the public domain. nature of the government’s arguments. not be possible. Civil aviation is among the most regu- seen as a landmark judgment. It is regarded e-papers, e-books, e-lectures, etc. These few And the third relates to their observation Hence, we learn that [point (ii)] “the recip- as heralding the birth of new free speech areas of weakness should not, however, de- that “vagueness” in the formulation of laws ient of free speech and expression used in a lated sectors because of the risks that flying entails for jurisprudence and restoring the public space tract from the judgment’s significant contri- produces a tyranny of power. This has “chill- print media can only be literate persons everyone — the passengers, crew and people on the for dissent in India. bution to free speech especially in these dark ing” (their word) consequences for civil while internet can be accessed by literate ground. The revelation that Andreas Lubitz, the co- times of censorship. It is without doubt a liberties. and illiterate both since one click is needed A distinction pilot of the Germanwings aircraft, had mental health great judgment and will soon become the When the Additional Solicitor General to download an objectionable post or video” issues that he concealed from his employer raises dis- With respect to the judgment’s comments touchstone for new free speech jurispru- sought to assure the court that even if cer- or [point (v)] “by the medium of internet, on free speech, I plan here to go against the dence in India. The hecklers will be in tain portions of the law — 66A — were vague, rumours having a serious potential of cre- turbing questions. It underscores the fragility of the current. It is a great judgment, not a land- retreat. the government, being committed to free ating a serious social disorder can be spread human factor which is truly the critical element in the mark one. These are my reasons. I see the speech, would not use the section to curb to trillions of people without any check rigorous processes required for aviation. The Lubitz analytical distinction made in the judgment As landmark judgment free speech. The Justices wrote in response: which is not possible in case of other issue showed that the annual medical examination of of three forms of free speech and expression, I do consider it a landmark judgment, “Governments may come and Governments mediums”. pilots done under strict European Union regulations i.e., discussion, advocacy and incitement, as however, but for its other sections and not may go but Section 66A goes on forever. An Such pop sociology continues through the can fail to identify psychological problems such as de- preliminary to a fine distinction being 11 points made by the government. If we worked out but one which was not done. The overlook the “trillions” of people whom the pression. Significantly, last year’s mysterious Malaysia distinction is inadequately executed since it The Court has established the fact that the law must be government is concerned about, the word Airlines MH 370 disappearance also involved a captain does not provide for the societal dynamics of “ comes again twice in point 11, then we can who may have been disturbed. Had the EU a ‘two- each form. Hence, the distinction, while a delinked from the agency and intentions of the government. focus on the empirical claims made with person’ cockpit rule such as in the U.S., which requires good starting point, does not protect free And, it has distanced itself from the common perception that it respect to literacy, rumour, and privacy. two crew members to be present in the cockpit always, speech enough since it allows for situations normally acts in a government-friendly manner. These are in fact only the opinions of the this act of mass murder could have been stopped. The where the “discussion” entered into by one Additional Solicitor General since no evi- can be used by another to “incite” simply by ” dence using social science is given for them. EU and the European Aviation Safety Agency are now quoting the discussion and saying “this is Yet, they are offered as the empirical basis considering the introduction of a similar rule. what he has said”. Repeating a discussion, in those specifically relating to free speech. The assurance from the present government for censorship and prosecution under Sec- Flight safety has so far focussed on threats from the another context, is enough to bring the implications of these sections are that they even if carried out faithfully would not bind tion 66A. Opinions cannot be the basis of passenger side, and the 9/11 terror episode led to fortifi- wrath of the mob on the unsuspecting per- give powerful legal weapons to those fighting any successor government. It must, there- laws. The Honourable Justices, by present- cation of the cockpit. In exceptional circumstances, son’s head. Writer Perumal Murugan had to the tyranny of the state. So, what were of- fore, be held that Section 66A must be judged ing the submission verbatim, wanted us to face such ire in January 2015 in Tamil Nadu fered by the honourable Justices as support- on its own merits without any reference to see the poor quality of the government’s such as an emergency affecting the pilot and the cockpit because of a novel he wrote as did T.J. Jo- ing props for the main issue, i.e., the striking how well it may be administered” (paragraph arguments. Such a cavalier attitude must be area, the crew can use a code that opens the cockpit door seph, a lecturer in Kerala, who had his hand down of Section 66A, have, I believe, become 92). Assurance from the government is not punctured at least a trillion times. briefly, or it even opens automatically if the pilots are cut off in 2010 for a question he had set in an key clauses in my reading of the landmark enough. The law must stand on its own. immobilised due to depressurisation. But if they are in a examination. judgment. They diminish the arrogance of Similarly, when the Additional Solicitor Vagueness of words position to act, pilots can override this mechanism. The Second, the judgment does not make the government, resurrect the principle of limit- General asked that parts of Section 66A be But it is in the discussion on the vagueness crash in the Alps has launched the search for a solution important distinction between “speech” and ed government, and reinstate the ‘genuine’ saved under the Doctrine of Severability, the of words used in Section 66A(b) i.e., inconve- “expression” and, therefore, while it elab- rule of law. After a long time, the govern- Honourable Judges held “that no part of nience, danger, insult, injury, etc., that the to this problem, of accessing the cockpit from outside, if orates on the need to protect speech and the ment — and this is cause for celebration — Section 66A is severable and the provision as Court is at its legal best. It takes each word, the plane has been commandeered from within. The written word, it has little to say on expres- has again become subject to the rule of law. a whole must be declared unconstitutional” examines its dictionary meaning, offers quest now includes a technological solution — one that sion especially in its many forms of pho- There are three manoeuvres performed by (paragraph 96). By dismissing both requests judgments from Indian and American legal enhances ground control of aircraft features, including tographs, paintings, films, cartoons, etc. So, the Honourable Justices that have produced of the government, the Court achieved two history to establish its precise meaning, and the cabin door, remotely. On the human factor aspect while a Facebook post gets protection, a this splendid outcome. The first is their dis- major outcomes. It established the fact that then shows why these words in Section 66A painting does not. The third infirmity is the missal of the assurances given by govern- the law must be delinked from the agency have been casually introduced into the law. that cannot be overemphasised, the solution lies partly judgment’s acceptance of the distinction be- ment on the ground that the law cannot be and intentions of the government. It must be In a brilliant section on vagueness and over- in destigmatising mental health issues. This is partic- breadth, the learned Justices state that “In ularly relevant to the present-day workplace, where the point of fact, Section 66A is cast so widely emphasis is on productivity. Stress and aviation do not that virtually any opinion on any subject go together, and pilot recruitment tests are designed to CARTOONSCAPE would be covered by it, as any serious opin- exclude those who crack under pressure. Preliminary ion dissenting with the mores of the day would be caught within its net. Such is the evidence shows that Andreas Lubitz was indeed reach of the Section and if it is to withstand stressed, and that in spite of medical advice pursued his the test of constitutionality, the chilling ef- deadly course. It is tragic that a failure to factor in the fect on free speech would be total” (para- possibility of human errors has led to tragedies of this graph 83). It is this vagueness of operative proportion in the skies. words that must be disallowed because of its “chilling effect on free speech”. Vague words are vehicles for state tyranny. For freedom, precision is required. This section on the vagueness of words in our laws, especially in The war government orders, can now be cited by civil libertarians to strike down badly framed laws in lower courts. All three manoeuvres, I expect, will infuse in Yemen a new strength in the litigant’s fight for citi- zenship rights. It will make those who draft et another Arab nation faces a humanitarian laws cautious and increase parliamentary crisis following military conflict, as the local- scrutiny of articles and clauses. It will make ised war between various forces in Yemen has law officers realise that their submissions Y taken on a regional dimension. After the be- will be subject to public scrutiny. And, final- ly, it will, I hope, also change the habit of the sieged Yemeni government requested help, the Gulf court, which is normally soft on government. Cooperation Council, led by Saudi Arabia, launched air As the custodian of the Constitution, the attacks against Houthi rebel positions in Yemen on court has to fight tyranny. The judgment has March 26. The Saudis have deployed a large force with struck a powerful blow for limiting govern- help from Arab countries such as Egypt and Jordan and ment. This is what makes it a landmark others such as Pakistan and Sudan. This military action judgment. (Peter Ronald deSouza is Professor at the — without UN sanction — has also involved logistical Centre for the Study of Developing Societies. help from the United States. The ostensible reason for The views expressed are personal.) the Saudi intervention is to temper the rising Iranian influence in its immediate neighbourhood. The U.S. Letters emailed to [email protected] must carry the full involvement — which seems to have bipartisan support LETTERS TO THE EDITOR postal address and the full name or the name with initials. in the U.S. polity — is more of a reflexive reaction to register support for its Saudi allies and for the besieged first it beat them, and now has religious ideologies in science. One World Cup for the fifth time. Team transitional government in Yemen. Saudi Arabia and its The state of AAP joined them. It set itself up as the must contrast this with the way the The Metro Rail India has much to learn from them allies who have joined the effort allege that the Houthis The Aam Aadmi Party has hardly party that would bring in a right wing is spreading unscientific The acquisition of land in cities, and prepare well for the next are being funded and armed by Iran. had time to savour the fruits of its paradigm shift and move away messages and postulates. soil conditions and cost overruns World Cup. The Houthis are a Zaidi Shia group that had partici- success in the Delhi polls when a from the existing, corrupt politics Meritorious students are lured by are some of the challenges metro N.C. Sreedharan, bitter, internecine battle seems all and crony capitalism. It talked the well-paying jobs in the rail projects face (‘Sunday Anchor’ Kannur pated in uprisings against former Yemeni President and set to dislodge it from its lofty about internal democracy. It talked software and management sector. page, March 29). Added to this are long-time ruler Abdullah Saleh and who had felt left out edifice (“Yadav, Bhushan shown about clean and transparent The brain drain in the scientific the inadequacies of the existing What is striking is the way in which from the transitional government that followed Saleh’s the door,” March 29). Is it on its funding. It talked about an internal field should be checked by offering financial model and a lack of New Zealand accepted defeat — in a rule. It is the failure of the transitional government — way to becoming history? In what Lokpal. In short, it talked of a highly rewarding pay package and political power. The fact that sensible and cheerful manner. In which was set up with help from the Gulf Cooperation seems to be a clash of bloated and everything other parties were not. creating a conducive atmosphere people expect subsidised fares that contrast is the manner in which Council in 2012 — to accommodate the Houthis’ in- bruised egos, some of the party’s Sadly, after the great Delhi for research so that our R&D are comparable to State-run India was treated after being founder leaders are getting the victory, all this seems to be falling centres and institutions of higher transport corporations and railway knocked out of the semi-finals. terests that fuelled the insurgency. The Houthis have a short end of the stick. It is apart. Internal democracy has learning can produce talented season ticket fares are what will Facing loss and in a graceful way is large degree of control over many areas of northwestern unfortunate that those who have morphed into high command scientists. work against the success of the a part and parcel of any sport. Yemen, including over the capital, Sana'a. The Houthi- been wounded are now striking dictatorship with a close coterie of S. Nallasivan, metro project. Another flaw is that Amritpal Singh, led insurgency is not the only military conflict raging in back and shredding the party’s ‘yes men’. Horse-trading, Tirunelveli the planners carry out a ‘cut and New Delhi Yemen. The al-Qaeda in the Arabian Peninsula (AQAP) bruised image. It’s a question mark manipulation, dirty tricks are there paste’ job of foreign designs in the as far as the future of the AAP is for all to see. When the AAP was set There are very strong ground name of bringing in ‘world class Michael Clarke’s decision to quit leads another insurgency in the southeast along with concerned. up, I began regular contributions realities that impede the progress technology’. All this adds to the game of cricket is laudable, a the Ansar al-Sharia; this one is a Sunni Islamist rebel- C.V. Aravind, to the party, in the hope that it of scientific research in Indian escalating project costs. Project selfless act that gives enough time lion. The regional intervention against the Houthis is Bengaluru would set the standard for how institutions. The first is the culture costs must be brought down by 20- for the team and the next captain to bound to strengthen the AQAP. The inability of the politics should be conducted in of ‘bossism’ prevalent in many 25 per cent using indigenisation. prepare for the next World Cup. ineffectual transitional government to effectively gov- It was Arvind Kejriwal who said, India. I have now resigned myself institutions which often gives rise Otherwise, achieving profitability Such steps are the reason why ern a nation that has steadily been divided on sectarian “Leave your jobs and jump into this to the fact there is no hope for India to mediocre research. Well- is a difficult task. There also has to Australia continues to dominate movement”. If he wanted to limit to become a shining example qualified candidates are filtered by be coordination between metro, the world in the game of cricket. lines, and the weakening of the economy, have helped his movement to the small political among developing countries — at asking them to submit 500 word rail and bus transport authorities. T. Anand Raj, the various insurgent forces strengthen themselves. island of Delhi, then why did he go least not in my lifetime. write-ups on the research topic in Currently, all of them work at cross Chennai The Houthi forces’ consolidation in the south could about raising funds from all Alex Chandy, mind even before they are allotted purposes and only want to increase have presented an opportunity for a new, more in- corners? The intelligentsia of the Kuwait guides. their respective revenue streams. Saina’s big moment clusive and legitimate government following a cease- AAP have been shown the door and Several research scholars The only positive idea is a India’s new ‘golden only the sycophants remain. How S&T policy road map experience what would amount to congestion tax for personal car girl’, Saina Nehwal, attaining the fire, but that option is now ruled out as the conflict has long will it take for them to be Dr. Pushpa M. Bhargava’s article, bullying and indifference at the users, to increase footfalls in the top ranking in badminton has been effectively regionalised with the Saudi interven- shown the door once they express “For a renaissance in Indian S&T” hands of guides. Getting a stipend metro; it will reduce oil imports. come as a pleasant surprise (March tion. Yemen increasingly appears to be heading towards their dissent? The dream of (March 28) was an eye-opener on or research grant is a tough task S. Balasubramanian, 29), and one should not belittle the Syria’s fate — a nation torn asunder into enclaves con- removing the “politics” from the deplorable condition of science and there is a minefield of politics Chennai efforts put in by the Indian who has trolled by sectarian and fundamentalist groups and political parties will remain only and technology in India. As in every institution. Researchers Top of the world, again worked hard to achieve this constantly at war among one another. What started as that — a dream. recently pointed out by Indian- and governments have to find a way milestone. However, she does need Vivek Rayal, born Nobel Laureate Venkatraman out of these hurdles if research is to The Kangaroos leapt over the to raise her game a notch higher if yet another promising chapter of the Arab Spring has Khadri Shyampur, Rishikesh Ramakrishnan, now to lead the flourish in India. Kiwis in a glorious final. It is she is to remain at the summit. now taken a turn that follows events elsewhere in the U.K’s Royal Society, there is no T.E. Parthasarathy, wonderful that the Australian N.J. Ravi Chander, region — regression into a harsh Arab Winter. The AAP seems to have lost its way; room for political, personal or Chennai cricket team has won the Cricket Bengaluru CM YK ND-ND NOIDA/DELHI 8 EDITORIAL THE HINDU TUESDAY, MARCH 31, 2015 The AAP as only its leader’s voice

Gopalkrishna Gandhi on the same page when it comes to dissent The people of Delhi voted for Arvind Kejriwal, within their ranks. They would see dissent as he Aam Aadmi Party (AAP) sprang giving him another chance. A leader, especially a dissidence, dissent in the country as disturb- from the Anna Hazare Movement ance. The Left is frozen in a paradox of its in much the same way that the Ja- very popular one, needs a House of the People in own in being, in itself, not “audi alteram”, nata Party emerged from the JP but “audi Politburo”. The RTI Act is not TUESDAY, MARCH 31, 2015 T movement of the mid-1970s. Both move- terms of popular backing. He also needs a Second likely to be selected by the CPI or CPI-M as ments were about issues, issues that were one of its favourite laws. agitating the public mind — corruption, ma- Chamber, a Council of Elders, in terms of The AAP, especially after its resounding Electoral victory, ladministration, political betrayal. And they victory in the second Vidhan Sabha elections demanded that the voice of the people be un-‘popular’ advice-sharing. He has gatekeepers, in Delhi, has everything in it to be “the other” heard above those of politicians, especially he needs conscience-keepers voice. It is now in the process of becoming political defeat those in power. The movements resonated just another voice — its leader’s voice. I with the people because they — we — felt that ram, something very “I”, about the Anna no pushover, that he was quick to learn, would like to believe that Arvind Kejriwal is those intoxicated by power and wealth were Hazare movement. The movement person- quick to implement. But was he a team man? strong-willed but is not a dictator. Is it not or the Aam Aadmi Party which claims the now listening to “our side of the story”. ified the people’s dissent, and did so power- Would he share his new platform with men because he disliked authoritarian ways that rationale for its very being is ushering in more fully, but did it admit of variation, dissent and women who think like him, and yet think he moved away from Anna Hazare? Can one ‘I’ and being heard within itself? Were Anna’s supporters his autonomously, boldly? When Prashant who so effectively says “boo” to the strong democratic and transparent governance, the As Anna Hazare fasted on his stage at colleagues, or were they his disciples? Were Bhushan, a freethinking and respected dis- and the mighty, to mini-tyrants and major F current troubles at the top levels of the lead- Jantar Mantar for a Lokpal to stem corrup- they the movement’s soldiers or the leader’s senter, found pride of place in the new party ones, want to be one himself? Is he not in- ership present an existential threat. While Delhi Chief tion, the high and mighty mingled — compet- footsoldiers? Did it share its platform with and Yogendra Yadav joined it, it looked like telligent enough to know that the India Minister and national convener of the party Arvind ed — with ordinary folk to extend support to other dissenters in the country? It did not. It Arvind Kejriwal was indeed a team man. which admires “strong” leaders hates Kejriwal was able to easily win support where it imme- the new leader. The appeal of homespun had a team, of which Arvind Kejriwal, Prash- Admiral (retd.) L. Ramdas becoming the par- tyrants? diately mattered — among the MLAs in Delhi and truth-telling by a man whose English was ant Bhushan, Kiran Bedi were the more vis- ty’s conscience-keeping ombudsman was absent — what a refreshing change! — and The second chance among the members of the national executive — the who spoke in a refreshingly homespun Hindi At a time when the two national parties issues raised by the dissident duo of Prashant Bhushan — another huge relief — was now calling the The AAP’s dissenters should make their point about are not internally democratic, the Left is and Yogendra Yadav would not go away quickly. What shots. As the fast progressed, the common “ unable to be one, and several regional parties the AAP sees as problems in the Indian political system man and woman craned necks to glimpse the intolerance within the party but without ingratiating the larger are led by local supremos, Arvind Kejriwal is — corruption, absence of transparency and lack of ac- leader, and the powerful sent quivering intolerance beyond the party. invaluable, in fact, irreplaceable, as a demo- messages: “We need you, the country needs crat. A democratic promise should not be- countability — now seem very much a part of its own ” you, please do not endanger your life”. He come a democratic lament. He must remind self. A series of exposés have shown up the AAP as obliged, broke the fast and announced that if himself that some of the greatest liberators suffering from the very ills it attacks in other parties. within a date stipulated by him, “the need- ible of them, but they were more like another reassuring sign. in Asia, Latin America and Africa have ended From horse-trading and giving the party ticket to per- ful” was not done to give India a Lokpal plus satellites than associates. Other dissenters, Elections were coming, to the Delhi Vid- up as one of the most hated and bigoted sons of dubious background to autocratic decision- meet other “new” demands, he would take from outside Team Anna, were permitted on han Sabha, and who did not want the AAP, to dictators. making and suppressing dissent, the AAP appears sus- the masses to the Lal Qila. Now that was the stage only as guests offering solidarity. It make a good showing? It did and how! The people of Delhi voted for Arvind Kej- something. Delhi’s Red Fort is not just a was becoming a one-man movement. The history, saddening and elating, in riwal, let us acknowledge that. They have ceptible to all the diseases plaguing India’s political former palace but an all-time palladium of turn, that has followed needs no recounting. given him, not his party, another chance. A system. Instead of the AAP changing the political sys- India’s sovereign power, known to be the Team player? leader, especially a hugely popular one, tem, the political system seems to be assimilating the citadel that Netaji Subhas Chandra Bose was Until, that is, Arvind Kejriwal began com- Becoming another voice needs a House of the People in terms of AAP. While all of these might have increased its chances to reach, and Jawaharlal Nehru actually did. ing into his own, and it began to be said Anna Audi alteram partem is not the philosophy popular backing. But he also needs a Second of winning the polls, the party is slowly morphing into Now that was where Anna Hazare seemed to is not JP but Vinoba and what JP was to of the new ruling formation at the Centre, Chamber, a Council of Elders, in terms of another typical Indian party. With every compromise be going as the movement’s flag and Vinoba, Arvind Kejriwal is to Anna Hazare — nor is it to be found in the chemistry of the un-“popular” advice-sharing. He has gate- flagmast. the young petrel impatient of the ways of the Congress today. The BJP is Narendra Modi, keepers, he needs conscience-keepers. made on its founding principles, the AAP betrays its Audi alteram partem, the Latin maxim guru. Just watch him, he is not one to remain Narendra Modi is the BJP. He is a democrat- Arvind Kejriwal should know that ap- original backers, the youth and civil society movements meaning “Hear the other party” (and now in the older man’s shadow. No one was sur- ic supremo. And as for the Congress Presi- plause can be music, but advice is medicine. who were disillusioned with the hitherto existing politi- the name of a magazine of the National Law prised when Anna Hazare did not quite dent, despite her own instincts, the nearly 40 The removal of Prashant Bhushan, Yogendra cal parties. The AAP owed its success to the promise of University, Delhi) was seen, suddenly, as ac- anoint Mr. Kejriwal his years old, post-Emergency culture of syco- Yadav and now, of Admiral Ramdas, from change that it carried; to give up on this promise is to tually happening in the country. The people second-in-command. phancy in that party has made her and her their positions in the AAP does not strength- — the other party — were being heard. But Many of those who had known Arvind son, democratic monarchs. Both the Bhara- en his “hold” on the party’s functioning as admit political defeat for the sake of electoral victory. If there was also something that was not alte- Kejriwal from earlier days knew that he was tiya Janata Party (BJP) and the Congress are much as it weakens his grip on the nation’s the AAP is to truly succeed, it would have to succeed on political imagination. All cults are wrong. its own terms, without surrendering its original ideals Cultism in the AAP is wrong. and crusading spirit. But the fight for inner party democracy Mr. Bhushan and Mr. Yadav might have had different CARTOONSCAPE must not weaken the fight for democracy in reasons for taking on Mr. Kejriwal, but they were united the country. Internal democracy is vital but there is something called the wrong time for in their opposition to the way the party was being run. right things. At the present moment, when True, Mr. Kejriwal is the face of the party, its leader as the country is looking for an alternative to well as its most hard-working member. But a leader who the majoritarian ego of Hindutva now riding does not listen to his followers will soon be walking high on the BJP’s electoral victory, the AAP’s alone. As an organisation grows, consensus-building dissenters will be playing into the hands of totalitarianism if they make Arvind Kejri- and democratic procedures might appear to be cum- wal’s “dictatorial style”, their driving bersome and as a hindrance to quick decision-making passion. and work efficiency. But there can be no shortcuts for a So, what are Yogendra Yadav, Prashant political party pushing for systemic changes. Mr. Kej- Bhushan, Admiral Ramdas to do? Just keep riwal seems to be opting for a highly personalised style quiet? Must they suffer great and painful of leadership and campaign, and looks more interested provocations in silence? No, they cannot and should not. They should make their point in quick-fix solutions that do not always allow for the about intolerance within the party but with- complexities of the problem. Internal democracy is out ingratiating the larger intolerance be- integral to informed decision-making in any organisa- yond the party. There is a greater tion. Dissent and dissidence might slow down the AAP intolerance around in India now than the and Mr. Kejriwal, but these remain essential to keeping one they are contending with within the AAP, the intolerance of political hubris, of them going in the right direction. communal bigotry, of a new form of fascism that is combining with techno-economic monopolies to create an ersatz “nationalist” dictatorship. The grimace of the AAP dis- The Australian senters should not turn into that bigger dic- tatorship’s guffaw. (Gopalkrishna Gandhi is Distinguished supremacy Professor in History and Politics at Ashoka University.)

f there were any doubts about Australia’s preem- Letters emailed to [email protected] must carry the full inence in cricket’s world order, those were ruth- LETTERS TO THE EDITOR postal address and the full name or the name with initials. lessly banished at the Melbourne Cricket Ground I on Sunday. A fifth World Cup crown in 11 editions The peremptory dismissal of the Constitution. The term For this reason, it is a landmark possible time. I am sure that this — each achieved in a different continent, between 1987 A grip on AAP members who have contributed “reasonable restriction” reveals it judgment. will not pass and will be resisted by and now — confers an aura of supremacy as nothing Major surgery appears to have significantly to the growth of the all. Unless and until the ‘freedom of A. Faizur Rahman, many in the larger interests of our else. Consider that Australia has made two other finals been carried out on the AAP by the AAP, and who have stoutly speech and expression’ is made an Chennai legacy, amity and peace. at the game’s quadrennial showpiece event, and you get Kejriwal camp, with party defended the party against political absolute human right, whether it is S.V. Venugopalan, Indoctrination Chennai a sense of a country that produces dynamic, match- founders, Yogendra Yadav and and media criticism at various in the form of good, bad or ugly, on Prashant Bhushan, being shown times, is a disastrous step. any platform, there is no meaning I would like to remind the writer winning cricketers who pass on bloody-mindedness the door (“Kejriwal tightens grip Information in the public domain in Tagore’s expression, “Where the (“Indoctrination in the guise of Australia’s victory from generation to generation. Michael Clarke’s men on AAP,” March 30). Now, with the does not make them guilty of anti- mind is without fear and the head is education,” March 30) that the The Australian cricket team’s total were slight favourites at the start of the current edition; removal of Admiral (retd.) Ramdas party activities except that they held high … let my country awake”. thousands of students, from commitment to winning was hardly anyone in cricket circles picks against Australia from the Lokpal, Mr. Kejriwal had differing views and were keen The power to arrest a person or a Hindu, Muslim and other evident when it benched former in big tournaments, especially outside the subconti- seems to have sent out a strong on streamlining and strengthening group for having placed some communities, who studied in skipper George Bailey and brought signal that nobody is the organisation. material in the open must be taken Christian schools had no problems in test captain Michael Clarke; I nent. Given the side was likely to play a majority of its indispensable. The internal People like me who pinned their away from the hands of the when it came to reciting the holy wonder if such practicality can matches at home — including the semifinal and final at bickering seems to be a replay of a hopes on the AAP scaling up its government. A quick justice prayer in the morning assembly or even be imagined in Indian cricket Sydney and Melbourne respectively, stomping grounds never-ending feud. In the case of Delhi experiment all over India to delivery system is sure to bring in in learning about the life of Christ (“Wizards of Oz rule again,” March where it has historically been hard to beat — it was no the AAP, the saying, ‘power cleanse the Augean stables of the desired results. in scripture/moral class. At that 30). Smith and Starc were always surprise that the smart money was on Australia regain- corrupts, absolute power corrupts Indian politics, are now Victor Frank A., time, there was no talk of secular dependable. And by announcing Chennai ing the title. But being fancied is one thing. To win and absolutely’ has become ‘power disillusioned. rights or beliefs. In fact, we had no his retirement, the skipper has leads to arrogance and the absolute V. Nagarajan, choice. We also didn’t have a truly set an example. True do it so often that it appears inevitable, particularly in power leads to absolute arrogance’. Chennai In his article “The ‘greatness’ of a problem in enacting roles in plays champions indeed. big games, is the hardest challenge in professional sport. If people had foreseen that the AAP ‘landmark’ judgment” (March 30), that had Biblical themes. So, why is Bhargav Indurthi, Australia grew in strength through the tournament, would be no different from the The rift within the AAP may bring a Peter Ronald deSouza states that there a hue and cry now if a few Hyderabad as Clarke and the influential James Faulkner returned other parties, its fate in the election smile to the faces of our national the concepts of discussion, States introduce the teaching of after injury-enforced absences. The one-wicket defeat would have been quite different. parties, but it saddens a true advocacy and incitement slokas from the Bhagavad Gita? Team India also needs to be given to New Zealand when the sides first met, Clarke said, K.V. Seetharamaiah, believer of democracy. Freedom mentioned in the Supreme Court The true idea of secularism should credit; the sort of near-flawless Hassan from corruption, accountability, judgment on Section 66A of the IT apply to all. performance in every department was a wake-up call. But he knew, as did most who follow transparency in electoral funding, Act do not protect free speech Ramdas Naik, not only revealed the efforts put in the game closely, that Australia had no business staying Though the stalemate in the AAP decentralisation of power, enough because the distinction Chennai by all team members but also the in the contest as long as it did. Other sides in the will most certainly cause distress empowerment of democracy between them is “inadequately firm belief that the team, as a unit, tournament took notice: the feared Australian will was to its genuine followers and the through referendums, bringing executed”, and this could lead to The writer has presented facile had in it what it takes to perform apparent; all that remained was for its game rhythm to common man who made sacrifices political parties under the RTI, situations where the “discussion” arguments against the well. One must remember that it to install a government of their autonomy to the CBI… are all entered into by one can be used by introduction of the Gita in the was not long ago that the team was click into gear. Steve Smith and Mitchell Starc shone choice, not once but twice, I would brilliant ideas that shouldn’t be another to “incite” simply by school curriculum in Haryana. I being written off. the brightest, the former batting with calm mastery in ask them not to be disheartened. lost on us, even if the leaders who quoting the discussion and saying fail to understand why it appears to Deevi Jaya Bhaswanth, the knock-out matches, the latter creating chaos and The crisis consuming the AAP floated them lose their way. The “this is what he has said”. This be a case of indoctrination to him. New Delhi panic in the opposition with searing left-arm pace. Both should not be seen as a downslide nation would have been different criticism is unjustified because the Is teaching pupils about the Weather watch played vital parts in the final too, Starc removing the of the civil society movement. had some of these ideas been taken court was not deliberating on the timeless wisdom and virtues which tone-setting Brendon McCullum and Smith ensuring What is happening appears to stem up by our national parties. For absoluteness of freedom of speech are secular in nature a kind of The reintroduction of the weather from the egotistical stances of non- someone like me who voted for the or expression. communal agenda? And where column (March 30) is cause for that a small chase suffered no nerves. But this was an conformists. AAP last time, it’s now back to the The subjectivity feared by the does the Gita propound the caste happiness, especially for long-time Australian side full of explosive game-breakers. Under Madan Menon Thottasseri, same old choices. I am glad one still writer was addressed by the system? The problem lies not in readers like me — 30 years. It has Clarke, who left one-day cricket in a fairytale finish, the Chennai has the NOTA option. honourable judges when they the Gita but in the ignorance of its use as I travel frequently. Its side played stirring, attacking cricket — much like the Dinesh K.R., made it clear (in paragraph 15) that commentators. I see no harm in absence, for quite some time now, Kozhikode team it beat in the final. New Zealand looked like a The AAP appears to have started its any law that seeks to impose imbibing the values propounded by bothered me, especially as it was a journey towards a state of restrictions on free speech can the Gita as they are universal and comforting fixture all these years. heart-warming underdog story to the casual fan; in monarchy. It is evident from Mr. ‘Landmark’ or ‘great’? “pass muster” if it is “proximately nonsectarian in nature. P. Rangarajan, reality it has been the form side in one-day cricket over Kejriwal’s statements that he is Whether the Supreme Court related to any of the eight subject Anoop Suri, Coimbatore the last six months or so. Its vibrant, intelligent style of autocratic and is least inclined judgment quashing Section 66A of matters set out in Article 19(2).” In New Delhi play established the World Cup’s zeitgeist with eight towards democracy. If the party is the IT Act is to be viewed as either other words, the court struck a It was a pleasant surprise to see the successive wins. A one-off final in unfamiliar Mel- to remain in power, the leadership, ‘great’ or ‘landmark’ (“The perfect balance between the rights The well-argued essay demands weather report column making a bourne — after all its matches at home — proved too or whatever is left of it, must foster ‘greatness’ of a ‘landmark’ guaranteed in Article 19(1)(a) and the attention of the powers that be. reappearance. Though it has the principles of democracy from judgment”, March 30), no purpose 19(2), and invalidated Section 66A It is obvious that the right wing has dropped many of its detailed much, however. Australia was better on the day, as it so within. will be served if the government is only because it violated Article 19 taken upon itself the task of features, it is still welcome. often is, but New Zealand proved that valour and imag- Faiyyaj M. Shaikh, armed with a similar vagueness of (1)(a) and could not be saved by imposing its ideology wherever T. Ramadas, ination can bring the impossible within grasp. Pune words under Article 19(2) of the Article 19(2). possible and in the shortest Chennai CM YK ND-ND